Agenda 09/13/2005 R
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
September 13, 2005
9:00 AM
Fred W. Coyle, Chairman, District 4
Frank Halas, Vice-Chairman, District 2
Donna Fiala, Commissioner, District 1
Tom Henning, Commissioner, District 3
Jim Coletta, Commissioner, District 5
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING.
SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA
ITEM TO BE ADDRESSED.
COLLIER COUNTY ORDINANCE NO. 2004-05, AS AMENDED REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE
ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF
COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND
RECORDS DEPARTMENT.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED
IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE
MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS."
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE
PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE
APPEAL IS TO BE BASED.
ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED
BY THE CHAIRMAN.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN
THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE.
PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST
TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING
IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
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1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Father Joe Moffatt, St. Ann Catholic Church
2. AGENDA AND MINUTES
A. Approval of today's regular, consent and summary agenda as amended. (Ex
Parte Disclosure provided by Commission members for summary agenda.)
B. June 28, 2005 - BCC/Closed Session Item 12B
C. July 8, 2005 - BCC/Hurricane Dennis Emergency Meeting
D. July 26, 2005 - BCC/Regular Meeting
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
A. Advisory Committee Service Awards
1. Advisory Committee Service Awards
4. PROCLAMATIONS
A. Proclamation designating the week of September 19-23, 2005 as Industry
Appreciation Week.
B. Proclamation designating September 13, 2005, as Drowning Impact Awareness
Day. To be accepted by Mary Beth Baxter, Aquatics Director, YMCA of Naples;
Mandy Carpenter, Swim Instructor, YMCA of Naples; Fran Deeks, Swim
Instructor, YMCA of Naples; Commissioner "JA" Rautio, North Naples Fire
Control and Rescue District; Laura Pacter, P.E.O., North Naples Fire Control and
Rescue District; and Dottie Murray-Weiner, Director of Aquatics and Lead Swim
Instructor, YMCA of Marco Island.
C. Proclamation designating September 18 - 24,2005, as National Rehabilitation
Week. To be accepted by Heather Baker, Director of Rehabilitative Services,
Naples Community Hospital.
5. PRESENTATIONS
A. Presentation by Senator Burt Saunders recognizing the contributions of Ann
Olesky to the restoration of Lake Trafford.
B. Presentation of the August 2005 Advisory Committee Outstanding Member
Award to Stephen A. Harrison, County Government Productivity Committee.
C. Presentation of the September 2005 Advisory Committee Outstanding Member
Award to Walter R. Jaskiewicz, Collier County Citizens Corps.
D. Presentation to the Board of County Commissioners of rendering of the Freedom
Memorial. To be presented by Jerry LaDue.
6. PUBLIC PETITIONS
A. Public Petition Request by Mr. Andrew S. Evva, President, The American
Foundation for Hungarian Youth and Culture, to discuss the Placement of a
Sculpture Commemorating the 50th Anniversary of Hungary's 1956 Revolt.
B. Public Petition request by James Bryant to discuss traffic light timing in Collier
County.
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C. Public Petition request by Matthew Nolton to discuss fence permit and code
violation.
D. Public Petition request by John Gursoy to discuss Gulf Coast Skimmers Lease
Termination.
Item 7 and 8 to be heard no sooner than 1:00 ".m.. unless otherwise noted.
7. BOARD OF ZONING APPEALS
A. ADA-2005-AR-7658, Joseph C. Fuller, P.A., representing John and Teri Purvis
and other affected property owners requesting an appeal to Official
Interpretation INTP-2005-AR-7442 related to an internal official interpretation
regarding the definition and operative provisions of certain LDC terms pertaining
to "Boat Canopies.
B. This item requires that all participants be sworn in and ex parte disclosure be
provided by Commission members. VA-2004-AR-6449: Ashley Doctors, property
owner, represented by Richard D. Yovanovich, Esquire, of Goodlette, Coleman &
Johnson, P.A., requesting a variance for a 4.98-foot encroachment into the 20-
foot required rear setback for a swimming pool and screen enclosure leaving a
15.02-foot rear yard on a waterfront lot. The subject property is located at 149
Flamingo Avenue, in the Conners Vanderbilt Beach Estates Subdivision, Unit 3,
Lot 25, in Section 29, Township 48 South, Range 25 East, Naples, Florida.
8. ADVERTISED PUBLIC HEARINGS
A. This item requires that all participants be sworn in and ex parte disclosure be
provided by Commission members. PUDZ-A-2003-AR-4965 Crystal Lake POA
Two, Inc., represented by Terry Kepple of Kepple Engineering, requesting a
Planned Unit Development Amendment to revise the maximum area for a Park
Trailer from 500 to 1,000 square feet; provide for construction of a fence on top
of the berm located along Collier Boulevard; and minor clean-up items in the
PUD language such as change in owner, and pre parer. The subject property is
168.8 acres located at 14960 Collier Boulevard in Section 26, Township 48 South,
Range 26 East.
B. This item was continued from the July 26, 2005 BCC meeting. This item requires
that all participants be sworn in and ex parte disclosure be provided by
Commission members. PUDZ-A-2004-AR-5998: Collier County Board of County
Commissioners, represented by Coastal Engineering Consultants, Inc.,
requesting a rezone from Planned Unit Development (PUD) to Community
Facilities Planned Unit Development (CFPUD) for a project previously known as
the Bembridge PUD, to change the name to the Bembridge Emergency Service
Complex PUD, by amending the previously approved PUD Document and Master
Plan to show a change in use from residential development and a church or a
nursing home, to allow development of various public and community facilities
to include an Emergency Management Operations Center and other government
facilities, and to allow for an existing elementary school and possible expansion
of the existing school and possible construction of additional educational plants
(schools). The project consists of 39.82 acres and is located on Santa Barbara
Boulevard, north of Davis Boulevard (SR 84), in Section 4, Township 50 South,
Range 26 East, Collier County, Florida. (This item Companion to Item 10H)
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C. This item to be heard at 11 :00 a.m. A request that the Collier County Board of
County Commissioners (Board)adopt an ordinance amending Ordinance No. 91-
102, as amended, the Collier County Land Development Code (LDC) to add the
amendments of LDC Special Cycle 2a, authorized by the Board for the following
purposes. Amendment of Section 2.03.07 Overlay Zoning Districts adds
implementing provisions for three (3) new Transfer of Development Rights (TDR)
Bonuses outlined in the Growth Management Plan (GMP) amendment CP-2004-4.
Amendment of Section 2.03.08 is required to implement the "glitch" amendment
CPSP-2003-11 to the GMP, as well as, further implementing the TDR Bonus
Credits and Rural Village Standards as adopted in the GMP. Amendment of
Section 10.02.13 Planned Unit Development (PUD) Procedures to add provisions
for PUD expiration and retirement of excess numbers of dwelling units.
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of member to the Forest Lakes Roadway and Drainage Advisory
Committee.
B. Appointment of members to the Collier County Airport Authority.
C. Appointment of member to the Land Acquisition Advisory Committee.
D. Appointment of members to the Lely Golf Estates Beautification Advisory
Committee.
E. Appointment of members to the Emergency Medical Services Advisory
Committee.
10. COUNTY MANAGER'S REPORT
A. Recommendation to approve an Agreement for Sale and Purchase with The
District School Board of Collier County, Florida for 65 acres under the
Conservation Collier Land Acquisition Program, at a cost not to exceed
$2,134,500. (Joseph K. Schmitt, Community Development and Environmental
Services Administrator)
B. Recommendation to adopt a Resolution authorizing the acquisition by
Condemnation or purchase of non-exclusive perpetual utility, utility and access
easements, and temporary construction easements for the construction of water
transmission mains for the Collier Boulevard Water Main Project from Davis
Boulevard south to U.S. 41, Project Numbers 70151 and 70152, at a cost not to
exceed $1,659,112. (Jim DeLony, Administrator, Public Utilities)
C. Recommendation to assess the overall effectiveness and community value of the
Environmental Advisory Council (EAC) and provide direction with regards to
attendance, functions and future role as the Countys environmental advisory
board.(Joseph K. Schmitt, Administrator, Community Development and
Environmental Services Division)
D. Board to consider redistricting of the County Commission District boundaries
and, if so directed, to approve criteria for establishing those boundaries. (Joseph
K. Schmitt, Administrator, Community Development and Environmental Services
Division)
E. Recommendation to terminate for cause the Lease Agreement between Collier
County and Gulf Coast Skimmers Water Ski Show, Inc. (Marla Ramsey,
Administrator, Public Services)
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F. Recommendation to approve a Cooperating Technical Partners Partnership
Agreement between Collier County, the City of Naples, the South Florida Water
Management District (SFWMD), and Region IV, Federal Emergency Management
Agency (FEMA) to formalize an agreement to work together to create and
maintain accurate, up-to-date flood hazard data for the City of Naples and
unincorporated Collier County. (Joseph K. Schmitt, Administrator, Community
Development and Environmental Services Division)
G. Recommendation to approve an addendum to the Lely Cultural Center
Settlement Agreement in support of the Emergency Service Complex, Project
52160. (Companion to Items 8B and 10H) (Len Price, Administrator,
Administrative Services)
H. Recommendation to approve a $91,750.00 change to contract #03-3448,
Professional Architectural and Design Services for Collier County Emergency
Services Complex, with Harvard Jolly to site adapt the project to the Lely site.
(This item Companion to Item 8B) (Len Price, Administrator, Administrative
Services)
I. Discussion of possible solutions to resolve a code violation against Wesley
Ceeley for clearing land on Richards Street without proper permits. (Norman
Feder, Administrator, Transportation Services)
J. Recommendation to award bid number 05-3866 to Douglas N. Higgins, Inc. in the
amount of $1,114,560.00 and allocate an additional $111,440.00 in contingencies
for construction of the US 41 Water Main from Collier Boulevard (CR 951) to
Manatee Road, and to approve the necessary budget amendment, Project 70153.
(Jim DeLony, Administrator, Public Utilities)
K. Recommendation to approve the purchase of Right-of-Way Parcel No. 146,
Temporary Construction Easement Parcel No. 746 and Perpetual, Non-exclusive
Drainage Easement Parcel No. 846 which are required for the expansion of
Collier Boulevard project 65061. Total fiscal impact: $1,363,392. (Norman Feder,
Administrator, Transportation Services)
L. Recommendation to award a construction contract to John Carlo, Inc., for
Rattlesnake Hammock Road Six-Lane Improvements, Bid No. 05-3876; Project
No. 60169, CIE No. 37 in the amount of $23,298,102.25. (Norman Feder,
Administrator, Transportation Services)
M. Recommend Approval of City/County Beach Renourishment Program, approve
the 10-year Beach/lnlet funding plan and award bid #05-3854 to Great Lakes
Dredging and Dock (GLDD) in the amount of $18,476,312. (Jack Wert, Director,
Tourism Department)
11. PUBLIC COMMENTS ON GENERAL TOPICS
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12. COUNTY ATTORNEY'S REPORT
A. Recommendation Pursuant to Collier County Resolution No. 95-632 that the
Board of County Commissioners Consider and Approve Provision of Legal
Defense and Payment of Legal Expense of Fred W. Coyle and James V. Mudd, a
Commissioner and County Employee, Respectively, Named Individually as
Defendants in the Complaint Styled William S. Litsinger v. Collier County Board
of Commissioners, Fred W. Coyle, Individually, and James V. Mudd, Individually,
Case No. 2:05-cv-404-FtM-33DNF in the United States District Court for the
Middle District of Florida, Fort Myers Division, and Waive the Purchasing Policy
to the Extent it May Apply to the Selection of Outside Counsel and/or Otherwise
Exempt the Selection of Outside Counsel From Competition Pursuant to VII.G. of
the Purchasing Policy.
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
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16. CONSENT AGENDA - All matters listed under this item are considered to be routine and
action will be taken by one motion without separate discussion of each item. If discussion is
desired by a member of the Board, that item(s) will be removed from the Consent Agenda and
considered separately.
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1. Recommendation to approve final acceptance of water utility facilities for
Whipporwill Lane Road Improvements.
2. Recommendation to approve for recording the final plat of Trail Ridge, approval of
the standard form Construction and Maintenance Agreement and approval of the
amount of the performance security.
3. Recommendation to grant final approval of the roadway (private) and drainage
improvements for the final plat of Islandwalk Phase Six. The roadway and drainage
improvements will be privately maintained.
4. Recommendation to grant final approval of the roadway (private) and drainage
improvements for the final plat of Islandwalk Phase Seven. The roadway and
drainage improvements will be privately maintained.
5. Recommendation to grant final approval of the roadway (private) and drainage
improvements for the final plat of Escada at Tiburon. The roadway and drainage
improvements will be privately maintained.
6. Recommendation to approve for recording the final plat of Prestwick Place,
approval of the standard form Construction and Maintenance Agreement and
approval of the amount of the performance security.
7. Recommendation to grant final approval of the roadway (private) and drainage
improvements for the final plat of Grey Oaks Unit Fifteen. The roadway and
drainage improvements will be privately maintained.
8. Recommendation to grant final approval of the roadway (private) and drainage
improvements for the final plat of Islandwalk Phase Three. The roadway and
drainage improvements will be privately maintained.
9. Recommendation to Approve Final Acceptance Of Sewer Utility Facilities For Grey
Oaks Unit 14.
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10. Recommendation to approve final acceptance of water and sewer utility facilities
for Ibis Cove, Phase 2-C.
11. Recommendation to approve final acceptance of water and sewer utility facilities
for Escada at Tiburon.
12. Recommendation to approve final acceptance of water and sewer utility facilities
for Terracina at the Vineyards.
13. Recommendation to approve final acceptance of water utility facilities for Tiburon
Golf Course Maintenance Facility.
14. Recommendation to approve for recording the final plat of Fiddlers Creek Phase
Four, Unit Two, approval of the standard form Construction and Maintenance
Agreement and approval of the amount of the performance security.
15. Recommendation to grant final approval ofthe roadway (private) and drainage
improvements for the final plat of Mallards Landing at Fiddlers Creek. The roadway
and drainage improvements will be privately maintained.
16. Recommendation to approve an exception to the sidewalk requirements in the Glen
Eden on the Bay PUD and accept a payment in lieu of the sidewalk installation.
17. Recommendation to approve an Agreement for Sale and Purchase with Ross W.
Mcintosh, as Trustee, for 4.95 acres under the Conservation Collier Land
Acquisition Program, and 1.826 acres for Transportation Right-of-Way, at a cost
not to exceed $844,000.
18. Recommendation to approve final acceptance of water and sewer utility facilities
for Clermont at Pelican Marsh, Phase Two.
19. Recommendation to approve final acceptance of water and sewer utility facilities
for Clermont at Pelican Marsh.
20. Recommendation to approve final acceptance of water and sewer utility facilities
for Fiddlers Creek, Phase 2-A, Unit 2.
21. Recommendation to approve final acceptance of water and sewer utility facilities
for Fiddlers Creek at Deer Crossing.
22. Recommendation to approve final acceptance of water and sewer utility facilities
for Isla Del Sol at Fiddler's Creek.
23. Recommendation to approve final acceptance of water and sewer utility facilities
for Fiddlers Creek at Mallards Landing.
24. Recommendation to approve for recording the final plat of Valencia Lakes Phase 6-
A, approval of the standard form Construction and Maintenance Agreement and
approval of the amount of the performance security.
25. Recommendation to approve for recording the final plat of Valencia Lakes Phase 7-
B, approval of the standard form Construction and Maintenance Agreement and
approval of the amount of the performance security.
26. Recommendation to grant final approval of the roadway (private) and drainage
improvements for the final plat of Olde Cypress, Unit Two. The roadway and
drainage improvements will be privately maintained.
27. Recommendation to approve for recording the final plat of Orange Blossom Ranch
Phase 1A, approval of the standard form Construction and Maintenance Agreement
and approval of the amount of the performance security.
28. Recommendation to approve for recording the final plat of Reflection Lakes at
Naples Phase 1 C, approval of the standard form Construction and Maintenance
Agreement and approval of the amount of the performance security.
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29. Recommendation to approve an Intergovernmental Inspection Agreement between
Collier County and the Ave Maria Stewardship Community District.
30. Recommendation to authorize the the County Manager, or his designee, to submit
a grant proposal to the Florida Department of Environmental Protection Bureau of
Invasive Plant Management (BIPM) for contractor services to remove invasive
exotic vegetation within Conservation Collier property adjacent to Rookery Bay
National Estuarine Research Reserve (NERR).
31. Recommendation to approve the Release and Satisfactions of Lien for payments
received for the following Code Enforcement actions; Pastoor Properties of Collier
County, LLC, CEB 2005-15; John Lee Arnold & Dean A. Arnold Trustees, CEB 2005-
14; Martin & Holly Walsh, CEB 2004-33; Gopal Motwani, CEB 2003-34; Manuel &
Miriam Rosa, CEB 2003-19; Nancy Mills, Mary Maxwell & Vanessa M. Uzupes,
Resolution 96-520, 2002-195, 92-23, 96-169, 95406; H. Javier & Sherry L. Castano,
Resolution 2002-171; GJ Byrne, Resolution 96-244 & 99-19; Lawrence K. Joyce Est.,
Wallace L. Joyce, H. Lawrence, John J. Hubbard, Barbara J. Larson, Patricia J.
Haroskewicz, Judith J. Corso, Lauren Joyce & Richard Berman, Resolution 2001-
323,2002-173,2003-285,96-321,99-102,2002-447,91-490, ; Silas Bacon, Resolution
94-195,91-401; Silas Bacon, Jr., Resolution 2002-67; Perseco Corporation, Empire
Development of Southwest Florida, LLC, & KKCM Group, LLC, Resolution 2004-
130; Capitolis Auslandische, Resolution 96-49; Horse Creek Partners L TD,
Resolution 2002-175.
32. Recommendation to approve Resolutions and Legal Notice(s) of Assessment of
Lien against those properties in violation of Ordinance 99-51 for the direct costs
incurred by Collier County for the abatement of certain nuisances.
33. Recommendation to approve for recording the final plat of Verona Pointe, approval
of the standard form Construction and Maintenance Agreement and approval of the
amount of the performance security
34. Recommendation to reconsider the Conservation Collier Active Acquisition List
regarding the Winchester Head project and to discontinue buying property in the
Winchester Head project for 90 days.
35. Recommendation that the Board of County Commissioners approve award of
contract 05-3801 Consulting Services for Preparation of a Revised Immokalee Area
Master Plan and Rural LDC (Land Development Code) (Companion to Community
Redevelopment Agency (CRA) approval of contract under 16 G1)
36. Recommendation to approve Collier Countys Community Development Block
Grant (CDBG), HOME Investment Partnership (HOME) and Emergency Shelter
Grant (ESG) Consolidated Annual Performance and Evaluation Report (CAPER) for
Fiscal Year 2004-2005 as required by the U.S. Department of Housing and Urban
Development (HUD), and authorize the Chairman of the Board of County
Commissioners to certify the CAPER for submission to HUD.
37. Recommendation to approve for recording the final plat of Reflection Lakes at
Naples Phase 1 D, approval of the standard form Construction and Maintenance
Agreement and approval of the amount of the performance security.
38. Recommendation to approve for recording the final plat of Fiddlers Creek Phase 3,
Unit Four, approval of the standard form Construction and Maintenance Agreement
and approval of the amount of the performance security.
39. Recommendation that the Board of County Commissioners of Collier County,
Florida approve an agreement between Collier County and the Economic
Development Council of Collier County (EDC) for continuation of the Economic
Diversification Program by providing a contribution to the EDC of up to $400,000
for Fiscal Year 2006, and authorizing the Chairman of the Board of County
Commissioners to sign the agreement on behalf of Collier County
Page 8 of 15
40. Recommendation to approve two Budget Amendments transferring funds from the
Affordable Housing Trust Fund to the Marco Affordable Housing Fund for the
purpose of separating SHIP Funds and Inter-local Agreement Funds; recognizing
additional carry-forward in the Affordable Housing Trust Fund; and recognizing FY
05 Affordable Housing revenue within Fund.
B. TRANSPORTATION SERVICES
1. Recommendation to approve the installation and operation of a traffic signal at the
intersection of Airport Pulling Road and Estuary Drive, at an annual maintenance
cost of approximately $3,500.
2. Recommendation to authorize submittal of County Incentive Grant (CIGP)
applications for 1.) Interstate 75/lmmokalee Road interchange improvement
construction ($7 million); 2.) Reimbursement for 50% of local funding used to
advance SR 82 PD&E Study ($500,000); and 3.) Santa Barbara six-Ianing
construction funding (maximum 35% match for non-State highways) for the
segment between Golden Gate Parkway and Davis Boulevard. ($13.6 million)
3. Recommendation to award Bid #05-3796, Traffic Sign Materials and Related Items
to multiple vendors on a category basis. ($150,000)
4. Recommendation to award Bid #05-3860, Installation and Maintenance of Roadway
Lighting, Fixed Term Contract, to Kent Technologies, Inc. ($191,200)
5. Recommendation to award Bid #05-3858 Installation and Maintenance of Traffic
Signals, to Kent Technologies, Inc. and Mid-Continent Electric, Inc. ($162,800)
6. Recommendation to award Bid #05-3844, US 41 North Roadway Lighting from Pine
Ridge Road to Myrtle Road, to Kent Technologies, Inc. Project 60007 ($462,131.79).
7. Recommendation to approve the purchase of Parcel Nos. 131, 531, 731, 931, 132,
732, 133A, 133B and 733 required for the construction of the six-Ianing of Collier
Boulevard (CR 951) from Golden Gate Boulevard to Immokalee Road. (Project No.
65061, Capital Improvement Element No. 37). Fiscal Impact: $975,916.59.
8. Recommendation to approve the Agreement for Haldeman Creek Disposal with
Lakeview Drive of Naples, LCC, a Florida Limited Company.
9. Recommendation to approve three Drainage Easement and Maintenance
Agreements between Roberto Bollt, Trustee, Valencia Lakes at Orangetree
Homeowners Association, Inc., and Collier County, for the purpose of assigning
maintenance responsibilities among the parties.
10. Recommendation to approve an Agreement for Replacement of Access and
Parking associated with the sixlaning of Collier Boulevard (CR 951) from Golden
Gate Boulevard to Immokalee Road. (Project No. 65061, Capital Improvement
Element No. 37). Fiscal Impact: $5,000.00
11. Recommendation for BCC approval of FY 2005/06 MPO Operating Budget
amendment, to re-allocate $90,000 from staff salary and related expenses to
consultant services.
C. PUBLIC UTILITIES
1. Recommendation to convey a Utility Easement and an Access Easement to the
Water-Sewer District for ten public water supply well sites, associated pipelines,
and access on property owned by Collier County within the Henderson Creek
Canal corridor at an estimated cost not to exceed $185.00, Project 708921.
2. Recommendation to convey a Utility and Access Easement to the Water-Sewer
District for the construction and maintenance of water transmission mains on
property owned by Collier County within the Henderson Creek Canal corridor at an
estimated cost not to exceed $153.00, Projects 701511 and 701521.
Page 9 of 15
3. Recommendation that the Board of County Commissioners, Ex-Officio the
Governing Board of the Collier County Water-Sewer District, terminate the Grand
Bay Condominium Inc. Customer Billing Agreement, and authorize the County
Manager or his designee, to provide ninety (90) days written notice of the
termination.
4. Recommendation that the Board of County Commissioners, Ex-Officio the
Governing Board of the Collier County Water-Sewer District, terminate the Cocobay
Condominium Inc. Customer Billing Agreement, and authorize the County Manager
or his designee, to provide a required ninety (90) day written notice of the
termination.
5. Approval of a Third Amendment to Lease Agreement with the City Of Naples
Airport Authority to extend the Lease term for the Naples Transfer Station Property
at a first year annual rent of $39,556.
6. Recommendation to apply to the Florida Department of Environmental Protection
for a 2006 Section 319 Grant towards the Holistic Approach to the Reduction of
Non-Point Source Pollution in the amount of $116,000.
7. Recommend approval of shortlisted firm and award of contract to de la Parte &
Gilbert, P.A. for RFP #05-3792 Fixed Term Utility Specialized Legal Services in the
estimated annual amount of $200,000.
8. Recommendation to approve funds not to exceed $2,500.00 for a public event to
commemorate the final completion and commissioning of the South County Water
Reclamation Facility 16-MGD Expansion Project, Project 73949.
9. Recommendation to approve the after-the-fact submittal of the attached Alternative
Water Supply grant application under Senate Bill 444 to the South Florida Water
Management District for each project in Public Utilities Engineering Divisions
Construction Capital Alternative Water Supply Program.
10. Recommendation to approve a Budget Amendment to transfer funds in the amount
of $349,000 to cover unanticipated personal service and operating expenses
incurred by six Wastewater Department Cost Centers. ($299,000 from the Collier
County Water-Sewer District Operating Fund (408) Reserves for Contingencies, and
$50,000 from the Personal Services Budgets of the North County Water
Reclamation Facility and the South County Water Reclamation Facility).
11. Recommendation to approve Budget Amendment to transfer funds in the amount
of $50,000 from Project 725061, North County Water Reclamation Facility (NCWRF),
Renew Sludge Pump Rooms and $50,000.00 from Project 725112, NCWRF Repair
and Replacement (R&R) Oxidation Ditch to a new Project 739661, NCWRF Bleach
System Reliability Upgrades.
D. PUBLIC SERVICES
1. Recommendation to authorize the Chairman to sign the Grant Agreement for
Collier County Library Public Library Construction Project Number 06-PLC-04,
permitting the Collier County Public Library to receive $500,000 awarded by Grant
to enlarge the Golden Gate Branch Library.
2. Recommendation to accept donated funds in the amount of $52.04 and approve a
budget amendment recognizing the revenue and appropriating funds for East
Naples Community Park.
3. Recommendation to accept the Library Long Range and Technology Plans and the
current year Action Plan and authorize the Chairman to sign the FY 2005-2006 State
Aid to Libraries Grant Application permitting the Collier County Public Library to
apply for State Aid to Libraries.
Page 10 of 15
4. Recommendation to approve a budget amendment recognizing $35,000 in revenue
from the sale of fuel and merchandise at Caxambas Park and appropriating funds
for purchase of additional merchandise for resale
5. Recommendation to award bid #05-3856 for printing of the Recreation Guide to
Sunbelt, Inc. at an estimated cost of $50,000
6. Recommendation to award Bid No. 05-3863 Golden Gate Park Maintenance
Building to Bradanna, Inc. in the amount of $319,600
7. Recommendation to accept donated funds in the amount of $2,545.69 and approve
a budget amendment recognizing the revenue and appropriating funds for
Vineyards Community Park.
8. Recommendation to authorize purchase of park maintenance equipment in the
amount of $281,925.24 from Wesco Turf Supply, Inc. and Disbrow Enterprises, Inc.
9. Recommendation to accept a donation in the amount of $3,833.52 from the
Veterans Council of Collier County, Inc. and establish a separate trust fund to
account for all donations and expenses associated with the Freedom Memorial
project
E. ADMINISTRATIVE SERVICES
1. Recommendation to approve and execute a Lease Agreement with State
Representative Mike Davis for use of office space at the Government Center for $10
annually.
2. Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to
Board-Approved Contracts
3. Recommendation to approve an addendum to the existing Sprint regulated
services master agreement (initial estimated annual value $51,900).
F. COUNTY MANAGER
1. Summary of Consent and Emergency Agenda Items approved by the County
Manager during the Board's scheduled recess. Per Resolution Number 2000-149,
"Approval of this Agreement by the County Manager is subject to formal
ratification by the Board of County Commissioners. If the decision by the County
Manager is not ratified by that Board, this Agreement shall be enforceable against
Collier County only to the extent authorized by law in the absence of such
ratification of that Board," (20 items)
2. Recommendation to approve First Amendment to the 2004/2005 Tourism
Agreement Between Collier County and the City of Naples Extending Agreement to
September 30, 2006 for the Naples Preserve Project for $50,000.
3. Recommendation to approve an Agreement between the Florida Department of
Community Affairs and Collier County accepting $8,113 for the preparation of
Hazards Analysis Reports for facilities storing extremely hazardous substances
within the County and approve the Budget Amendment necessary to recognize and
appropriate $8,113 as revenue.
4. Recommendation to approve and execute License Agreements with Wal-Mart
Stores, Inc., for use of its four Naples store' parking lots for distribution of disaster
relief supplies to the public.
5. Recommendation to Approve Resolution Requesting that the Trustees of the
Internal Improvement Fund Establish an Erosion Control Line on the Gulf of Mexico
Shoreline along Pelican Bay and Northern Park Shore; Setting Forth Findings; and
Providing for an Effective Date
Page 11 of 15
6. Recommendation to approve an Agreement between Collier County and the City of
Marco Island to provide fire protection and rescue services to the unincorporated
area of the County known as Goodland at an annual cost of $102,415.
7. Authorize the Chairman to sign an Interlocal Agreement with the Southwest Florida
Workforce Development Board for continuation of the Southwest Florida Job
Training Consortium.
8. Recommendation to approve and transmit Senate Bill 444 Glitch Amendments as
provided by Collier County government staff to the Collier County Legislative
Delegation, the Florida Senate Committee on Community Affairs and the Florida
House Committee on Growth Management, and the Florida Association of
Counties.
9. Recommendation to approve an application for the 2005 Emergency Notification
Grant Program offered by Dialogic Communications Corporation.
10. Recommendation to approve Tigertail Beach Boardwalk Category A Grant
Application Amendment and Expenditure of $158,800.00
11. Recommendation to approve an Agreement between Collier County and Dr. Marta
U. Coburn, M.D., District Twenty Medical Examiner dba District Twenty Medical
Examiner, Inc. to provide medical examiner services for Fiscal Year 2006 at a cost
of $831,520.
12. Recommend Approval of an Inlet Management Policy and Funding Guidelines for
Category A Tourist Development Taxes.
13. Recommendation to approve two (2) Contractual Service Agreements between
Collier County and the East Naples and Golden Gate Fire & Rescue Districts to
provide fire protection and rescue services within the Collier County Fire Control
District at a cost of $213,400.
14. Recommendation to approve and execute a License Agreement with Wal-Mart
Stores, Inc. for County employee parking.
15. That the Board of County Commissioners adopt a debt management policy for
Collier County Government.
16. Recommendation to approve Modification #1 to Homeland Security Grant
Agreement #05DS-2N-09-21-01-022 between Collier County and the Florida
Department of Community Affairs. (time extension)
G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY
1. Recommendation that the Collier County Community Redevelopment Agency
approve award of contract 05-3801 Consulting Services for Preparation of a
Revised Immokalee Area Master Plan and Rural LDC (Land Development Code)
(Companion to Board of County Commissioners approval of contract under 16A
35)
2. Recommend the Board approve that Fleet Management Dispose of a 1988
Plymouth Reliant LE four-door sedan owned by the Collier County Airport
Authority.
3. Recommendation to approve the surplus sale bid S05-3620R of the Collier County
Airport Authoritys County owned Cessna 182 Aircraft to the highest bidder, Rex Air
LLC of Naples, for the amount of $87,500.
Page 12 of 15
H. BOARD OF COUNTY COMMISSIONERS
1. Commissioner Coletta requests approval for reimbursement for attending a
function serving a valid public purpose. Commissioner paid in advance to attend
the Immokalee Chamber of Commerce BBQ Dinner on October 1, 2005 and is
requesting reimbursement in the amount of $25.00, to be paid from his travel
budget.
2. Commissioner Coletta requests approval for reimbursement for attending a
function serving a valid public purpose: to attend the NAACP Freedom Fund
Banquet on October 15, 2005 in the amount of $55.00, to be paid from
Commissioner Coletta's travel budget.
I. MISCELLANEOUS CORRESPONDENCE
1. Miscellaneous correspondence to file for record with action as directed.
J. OTHER CONSTITUTIONAL OFFICERS
1. Approve a budget amendment transferring $300,000 from reserves to the Sheriffs
in lieu of transfer account. (Facility expenses)
2. Request approval for the purchase of a 24 passenger secured confinement
prisoner transport vehicle for the Sheriffs Office from available impact fee funds in
the amount of $83,320.
K. COUNTY ATTORNEY
1. Recommendation to Approve an Agreed Order for Payment of Expert Fees in
Connection with Parcel 111 in the Lawsuit Styled Collier County v. Norma E. Banas,
et aI., Case No. 02-5137-CA (Immokalee Road Project #60018). (Fiscal Impact:
$11,000.00)
2. Recommendation to Approve a Release of Temporary Driveway Restoration
Easements for Parcels 703A and 703B in the Pine Ridge Road Improvement Project
#60111. (Fiscal Impact: $27.00)
3. Recommendation to Approve an Agreed Order for Payment of Expert Fees in
Connection with Parcel 187 in the Lawsuit Styled Collier County v. Patrick J.
Murphy, et al., Case No. 03-5270-CA (Vanderbilt Beach Road Project #63051).
(Fiscal Impact: $17,950.00)
4. Recommendation to Approve an Agreed Order for Payment of Expert Fees in
Connection with Parcel 134 in the Lawsuit Styled Collier County v. Terry L.
Lichliter, et aI., Case No. 03-2273-CA (Golden Gate Parkway Project #60027). (Fiscal
Impact: $2,800.00)
5. Recommendation to approve an Agreed Recommended Order of the General
Master on Respondents' amended motion to tax expert witness fees in the lawsuit
styled CC v. Jeffrey Richardson, et aI., Case No. 02-2188CA (Immokalee Rd Project
#60018). (Fiscal Impact $6,700)
6. Recommendation to approve Agreed Order Awarding Planning Expert Fees &
Costs in amount of $2,000 for Parcels 142, 742A, 7428, & 942 in the lawsuit styled
CC v. Parkway Community Church of God, Case No. 03-2374-CA (Golden Gate
Pkwy Project 60027).
7. Recommendation to approve the Agreed Order Awarding Planning Expert Fees &
Costs in the amount of $2,000 for Parcels 141, 841, & 143 in the lawsuit styled
Collier County v. Primera Iglesia Cristiana Manantial De Vida, Inc., Case No. 03-
2372-CA (Golden Gate Parkway Project 60027).
Page 13 of 15
8. Recommend that the Board Authorize the Extension of the Tax Roll Before
Completion of the Value Adjustment Board Hearings Pursuant to Section 197.323,
F.S., and Tax Collector's Request.
9. Recommendation to Approve a Mediated Settlement Agreement and a Stipulated
Final Judgment to be Drafted Incorporating the Same Terms and Conditions as the
Mediated Settlement Agreement in the Amount of $750,000.00 for the Acquisition of
Parcels 106 and 806 in the Lawsuit Styled Collier County v. Tree Plateau Co., Inc.,
et al., Case No. 03-0519-CA (Immokalee Road Project #60018) (Fiscal Impact:
$335,575.00.)
10. Recommendation that the Board of County Commissioners Approve the Stipulated
Final Judgment Relative to the Acquisition of Parcel 125 in the Lawsuit Styled
Collier County v. G. Herbst, et aI., Immokalee Road, Project #60018. (Fiscal Impact:
$10,206.00)
11. Recommendation to Approve a Stipulated Final Judgment as to Parcels 178A and
178B in the Amount of $258,000.00 in the Lawsuit Styled Collier County v. Roberto
Bollt, Successor Trustee of the Land Trust Agreement dated 1/26/86, et aI., Case
No. 02-2217-CA (Immokalee Road Project No. 60018). (Fiscal Impact: $93,550.00)
12. Recommendation to approve the Mediated Settlement Agreement in the amount of
$115,000 for Respondent, Louise V. Taylor, Trustee, Parcel No. 156 in the lawsuit
styled Collier County v. Andy Morgan, et aI., Case No. 02-5169-CA (Immokalee Rd
Project 60018). (Fiscal Impact $45,246.20)
13. Request that the Board of County Commissioners Authorize Collier County to
Execute a "Partial Termination of Easement" and a "Release of Easement Rights"
that are of no use to the County or to the Collier County Water-Sewer District, but
encumber partnership property to the East and Southeast.
14. Recommendation to award RFP 05-3847 to Marianne Kantor to provide Attorney
Special Magistrate services to the Collier County Value Adjustment Board. Cost is
anticipated not to exceed $5,000 per annual hearing session.
15. Recommendation to award RFP 05-3848 and approve contracts with Stephen A.
Cunningham, South Florida Services, Inc., Cecil L. Neff & Associates, Inc., and
Machinery Capital Assets to provide Appraiser Special Magistrate services to the
Collier County Value Adjustment Board. Aggregate cost anticipated not to exceed
$15,000 per the 2005 VAB season.
17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST
MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM
STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY
PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS
PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED
BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING
AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON
WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE
REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE
QUASI-JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN.
A. An ordinance which regulates and controls litter, weeds, and exotics within the
unincorporated area of Collier County.
B. To obtain Board of County Commissioner approval to repeal and replace the
Ordinance establishing the Code Enforcement Board and the Nuisance
Abatement Board.
Page 14 of 15
C. Recommendation to adopt a Resolution revising the Collier County Water-Sewer
District Utilities Standards Manual.
D. Recommendation to approve the first amendment to the cable franchise
agreement that retroactively approves the renewal of a cable television franchise
for Marco Island Cable, Incorporated.
E. Recommendation to adopt resolutions approving the preliminary assessment as
the final assessment rolls and adopting same as the non-ad valorem assessment
rolls for purposes of utilizing the uniform method of collection pursuant to
Section 197.3632, Florida Statutes, for Solid Waste Districts No.1 and No.2,
Municipal Service Benefit Units Special Assessment levied against certain
residential properties within the unincorporated area of Collier County pursuant
to Collier County Ordinance 90-30, as amended. Revenues are anticipated to be
$14,051,400.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE
COUNTY MANAGER'S OFFICE AT 774-8383.
Page 15 of 15
AGENDA CHANGES
BOARD OF COUNTY COMMISSIONERS' MEETING
September 13. 2005
Add Item 4D: Proclamation to welcome those displaced because of Hurricane
Katrina to our Community. (Staff's request.)
Withdraw Item 6B: Public Petition request by James Bryant to discuss traffic light
timing in Collier County. (Petitioner's request.)
Item 7 A should have included in the title: "This item requires that all participants
be sworn in and ex parte disclosure be provided by Commission members."
(Staff's request.)
Item 8C should read: "A request that the Collier County Board of County
Commissioners (Board) adopt an ordinance amending Ordinance No. 04-41, as
amended. .." (rather than Ordinance No. 91-102, as amended. . .). (Staff's
request.)
Item 10B: The date in the fourth paragraph of the Executive Summary should be
April 30, 2006 (rather than April 30, 2005.) Also note that there is a Route
Selection Criteria Supplement Report available to the public outside the Board
room in conjunction with this project. (Staff's request.)
Item 16A1: Note that the correct spelling in this item is "Whippoorwill" (rather
than "Whipporwill".) (Staff's request.)
Move Item 16A35 to 10P. This item will be heard after 4:00 p.m.:
Recommendation that the Board of County Commissioners approve award of
contract 05-3801 Consulting Services for Preparation of a Revised Immokalee
Area Master Plan and Rural LDC (Land Development Code). Companion to
Community Redevelopment Agency (CRA) approval of contract under 16G1).
(Commissioner Halas' request.)
Move 16A40 to 1 ON: Recommendation to approve two budget amendments
transferring funds from the Affordable Housing Trust Fund to the Marco
Affordable Housing Fund for the purpose of separating SHIP Funds and Inter-local
Agreement Funds; recognizing additional carry-forward in the Affordable Housing
Trust Fund; and recognizing FY-05 Affordable Housing revenue within Fund.
(Commissioner Coletta's request.)
Item 16C9: The line under Considerations in the Executive Summary should read:
"The PUED has contracted Camp Dresser & McKee, Inc., (CDM) to submit
applications for 18 (rather than 17) of the County's projects under the Alternative
Water Supply Program. (Staff's request.)
Move Item 16D9 to 10Q as a companion item to Item 5D: Recommendation to
accept a donation in the amount of $3,833.52 from the Veterans Council of Collier
County, Inc., and establish a separate trust fund to account for all donations and
expenses associated with the Freedom Memorial project. (Commissioner
Coletta's request.)
Move Item 16E2 to 10R: Report and ratify staff-approved change orders and
changes to work orders to Board-approved contracts. There are questions
regarding Item #4 and #11. (Commissioner Henning's request.)
Move Item 16F1K to 10S: To provide funding for restoration and exhibit
development at the Naples Depot. (Commissioner Henning's request.)
Move Item 16F12 to 10(0): Recommend approval of an Inlet Management Policy
and Funding Guidelines for Category A Tourist Development Taxes.
(Commissioner Halas' request.)
Move 16G1 to 10T (This item to be heard after 4:00 p.m.):Recommendation that the
Collier County Community Redevelopment Agency approve award of contract 05-
3801 Consulting Services for Preparation of a Revised Immokalee Area Master
Plan and Rural LDC (Land Development Code). (Companion to Board of County
Commissioners approval of contract under 16A 35). (Commissioner Halas'
request.)
Continue Item 17B to September 27.2005 BCC Meetina: To obtain Board of
County Commissioner approval to repeal and replace the Ordinance establishing
the Code Enforcement Board and the Nuisance Abatement Board. (Staffs
request.)
Time Certain Items:
Item 8C to be heard at 11 :00 a.m.: A request that the Collier County Board of
County Commissioners adopt an ordinance amending Ordinance No. 910192, as
amended, the Collier County Land Development Code (LDC) to add the
amendments of LDC Special Cycle 2a, authorized by the Board for the following
purposes. Amendment of Section 2.03.07 Overlay Zoning Districts adds
implementing provisions for three (3) new Transfer of Development Rights (TDR)
Bonuses outlined in the Growth Management Plan (GMP) amendment CP-2004-4.
Amendment of Section 2.03.08 is required to implement the "glitch" amendment
CPSP-2003-11 to the GMP, as well as further implementing the TDR Bonus Credits
and Rural Village Standards as adopted in the GMP. Amendment of Section
10.02.13 Planned Unit Development (PUD) Procedures to add provisions for PUD
expiration and retirement of excess numbers of dwelling units.
Item 10D to be heard at 10:00 a.m.: Board to consider redistricting ofthe County
Commission District boundaries and, if so directed, to approve criteria for
establishing those boundaries. (Commissioner Henning's request.)
Good News Items:
Item 16F4: Recommendation to approve and execute License Agreements with
Wal-Mart Stores, Inc., for use of its four Naples store's parking lots for distribution
of disaster relief supplies to the public.
Item 16F9: Recommendation to approve an application for the 2005 Emergency
Notification Grant Program offered by Dialogic Communications Corporation.
Item 16F14: Recommendation to approve and execute a License Agreement with
Wal-Mart Stores, Inc., for County employee parking.
---
'-'
Agenda Item No. 3A 1
September 13, 2005
Page 1 of 2
Board of County Commissioners Meeting
Tuesday, September 13, 2005
Advisory Awards Participation Listing
Name
Years of Service
Advisory Committee
Lake Trafford Restoration Task Force
5
Committee
10
10
COLLIER COlINTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
Meeting Date:
3A1
Ad\'isory Committe<:: Servl(;(;? Awards
9113120059:00:00 AM
PrClllIred By
Pmll<l Springs
Exm:;utj...{~ Aide to the [lee
Date
Board of County
Commissioners
Bce Office
8/23/20052:14:19 PM
AllprO\;cd B~:
Sue Filson
becutive Man;lger to the Bee
Date
Board of County
Commissioners
Bce Office
U/23f.l005 2:24 PM
Approved B)-'
James V. Mudd
County Manilgcr
D.:lte
Board of County
Cornmif>sioners
County Manager's Office
812412005 2:5J PM
Agenda Item No 4A
September 13. 2005
Page 1 of 2
--.
PROCLAMATION
WHEREAS,
industry in Collier Canty is vital to the cotmUlity's ec:onorric
healt h; and,
WHEREAS,
Collier Ccu1ty's existing industries are the key to a prosperous
futile; and,
WHEREAS,
Collier Ccu1ty~ industries help Sl.8tain cxr quality of life,
exelfJ'/ify high standards of excellence and a positive, responsible
approach to econonic diversification and cotmUlity enhancement;
and,
WHEREAS, ptiJlic kncwrAedge of the contributions made by industry is
essential to maintenance of good comrr.nity- industry
relat ionships.
NOW THEREFORE, be it proclaimed by the Board of Cocnty CormIssioners
of Collier CoIIfty, Florida that the week of Septerrber 19- 23,
2005 be designated as
INDUSTRY APPREOATION WEEK
.---
and llge all residents to salute cxr industries and their
elfJ'/oyees for their contribution to cxr eotmU1ity.
DONE AND ORDERED THI S 13th of Septerrber 2005.
BOARD OF COUNTY COMMI SSI ONERS
COW ER COUNTY, FLORI DA
FRED W. COYLE, CHAI RMAN
ATTEST:
DWI GHT E. BROQ(, aJ:RK
---
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
4A
Meeting Date:
Prodam(~U()n de~iynalIrl9Ih(: weel< 01 Seplelllber 19.23,2005 as 111{illstry Appreci{llion
Week
9113,/20059:00:00 AM
Prepared By
Sam Tw::ker
b:ecutivo Aide to the Bee
Date
Board of County
Cornmlllsioncrs
Bce Office
7/6/20052:45:17 PM
ApllrOycd By
Sue Filson
Board of County
Comml5sioners
Ex(!'cutivc Manager to the BCe
Date
Bee Office
7m2005 7:50 AM
Apprll\'cd 8)'
James V, Mudd
county Manager
Dale
Board of County
Commissioners
County Manager's Of/ice
613/2005 1 :29 PM
Agenda Item No. 4B
September 13. 2005
Page 1 of 2
PROCLAMATION
-
WHEREAS, Drowning Impact Awareness Day will raise awareness that the
number of child drownings in Collier County affects everyone,'
and,
WHEREAS, a child drowning can happen to any family regardless of
education, race, or socio-economic background: and,
WHEREAS, diligence in protecting children in the many beaches, swimming
pools and parks in Collier County can help prevent the tragedy of
drowning: and,
WHEREAS, families can follow safety measures to protect children around
the water, such as installing child safety nets around existing
pools to avoid unnecessary loss of life: and,
WHEREAS, water safety remains a priority for Florida families, communities,
government, and public educators: and,
WHEREAS, keeping Collier County children healthy and safe is the goal of
swim instructors at the YMCA of Naples and Marco Island, the
North Naples Fire Control and Rescue District Public Education
Program, and other prevention programs within Collier County:
and,
,-.
WHEREAS, raising awareness will increase understanding of education classes
and encourage families to participate in swim lessons to prevent
drownings.
NOW THEREFORE, be it proclaimed by the Board of County Commissioners
of Collier County, Florida that September 13, 2005 be
designated as
Orowning Impact Awareness Oay
DONE AND ORDERED THIS 13th of September.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED W. COYLE, CHAIRMAN
ATTEST:
DWIGHT IE. BROCK, CLERK
,-.
Item Number:
Item Summary:
Meeting Date:
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
46
PlodalllaliOll desigllatil19 Seplember 1:::.2005, as Drowning Irnp<lCl Awmeness Day. To be
accepled by M<HY Beth Ballter, Aquf'lllu; Oiret::lol, YMCA (If Naples: MoUldy Carpellter Swim
Instructor, YMCA of Nnpl!:'s: Fran DN~ks. Swim Illstwctor YMCA 01 Niiples: Commissioner
"JA" Rautio Nodh Naple~; Fire Control ,md Resclle Disllict: LWl'<1 PRetel, P,E 0, Norlh
N<lples Fino Conlrol and Rescue Disllict: and Dottie Murray Weinel ,Director of Aquatics and
Lead Swim Instructor. YMCA of Marc(. Island
9113/2005900:00 AM
Date
PrCIJlIrcd B)'
Melanic Rodrigucz-
Board of County
Cornmission...rs
AdmlOistr<'ltive Aide to the BCe
Bee Office
8!24fZ005 12:25:22 PM
Sue Filson
Dme
Approved B~'
Board of County
Commissione'l"S
EKecutive Manager to the- Bee
BGe Office
8/25/20059:37 AM
James V. Mudd
Date
Approved By
Bo.-.rd of County
Commissioners
Cmlnl.y Manager
County Manager's Office
8f26!2005 11 :59 AM
Agenda Item No. 4C
September 13. 2005
Page 1 of 2
,-
PROCLAMATION
WHEREAS, the Comprehensive Rehabilitation Center of Naples Community
Hospital is observing and celebrating National Rehabilitation
Week beginning September 18th; and,
WHEREAS, Collier County recognizes and values the education, social and
humanitarian contribution of its many citizens with disabilities:
and,
WHEREAS, those citizens have found hope, spirit, and dignity through the
services of rehabilitative medicine: and,
WHEREAS, rehabilitation services throughout the nation help to restore
people with disabilities to independent, productive, and fulfilling
lives: and,
WHEREAS, Collier County is proud and honored to have rehabilitation
facilities in Collier County.
,,-..
NOW THEREFORE, be it proclaimed by the 80ard of County Commissioners
of Collier County, Florida that the week of September 18-24,
2005 be designated as
National Rehabilitation Week
And encourages all citizens to renew their commitment to people
with disabilities and to the efforts of rehabilitative medicine in
improving the quality of life.
DONE AND ORDERED THIS 13th of September.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED W. COYLE, CHAIRMAN
ATTEST:
DWIGHT E. BROCK, CLERK
,,-..
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
4C
Meeting Date:
Prodarn<ltion de~iqniltiflg September 18.24, 2005, a~> National Rehabilitation Week To I)e
dccepttd by He<'lther Bak.er, Director of Reh<lbilitative Services, N<lples Community H(I~)plt(~1
9li 312005900:00 AM
Item Summary:
Prepared B)"'
Mf:lanie RodrigUo'.!l
Administrative Aide tn the BCe
Date
Board of County
Commu;sioners
Bce Office
8!25f2005 9:15:53 AM
AIJpr()'\"cd By
Sue Filson
EXecutlvl'J Manager to the BCe
Dilte
Board of County
Commissioners
Bce OffIce
8/25/Z005 9:35 AM
Approl-'cd By
J.arnes V. MlJdd
County M.1n<lger
Date
Board of County
Commissioners
County MOlonger's Office
0/2:5120055:25 PM
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2
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4
5
6
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.....-.',
Home
Session
Commtttees
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Lobbyist Information
,-'
.
. CODING: Words Jtl"idtcPl are deletions; words underlined are additions.
.
.
.
.
Sll
1'1orida StlDat:. - 2005
(..)
B.r Senator Saunders
37-59B-OS
Senate Resolution No. _
A resolution recognizing the contributions of
Ann Olesky to the restoration of Lake Trafford
in Collier County, Florida.
WHEREAS, campaigns to preserve the vigor and beauty
state's natural heritage are often inspired and led by
8 aware and dedicated state residents, and
9 WHEREAS, an outstanding example of environmental
10 activism was demonstrated through the leadership of Ann Ole
11 in establishing and sustaining the effort to save Lake
12 Trafford, the largest natural lake south of Lake Okeechobee
13 and
14 WHEREAS, Lake Trafford sustained massive environment
15 damage in 1996 as a result of oxygen-depletion in the lake
16 caused by algae blooms from years of die-off of the exotic
17 hydrilla plant that thrived there, and
18
WHEREAS, living and working on the shore of Lake
http://www.f1senate.gov/cgi-binlview-page.pl?fab--session&Sub.menu=l&Ff=D&File=sb... 7125noo~
~
Session :Bills: : flsenate.gov
Agenda Item No. 5A
sePte~~~~J~~
19 Trafford, Ann Olesky was dismayed by the destruction of the
,,--.
10 Florida Water Management District, and
20 lake's ecosystem and, with her husband, Edward Olesky, at h
21 side, undertook an 8-year grassroots campaign to save the
22 lake, and
23 WHEREAS, faced with muck-removal estimates that
24 escalated to $20 million, Ann began coordinating local
25 fundraising projects in the community of Immokalee which
26 raised $32,000 for the lake's dredging, and
17 WHEREAS, Ann Olesky realized that ongoing involvemen
28 by the community would be imperative to bring the necessary
29 governmental resources to the cleanup of the lake, therefor
30 she formed -Friends of Lake Trafford- in order to raise the
31 necessary support in Congress and in state government, and
1
CODx.G1 Words Qtrj9K9~ are deletions; words underlined are addi
Plorlda SeDate - 2005
37-598-05
<JIll)
SJ\
1 WHEREAS, Ann Olesky's tireless efforts led Congress
2 1998 to include the lake in an authorization for critical
3 restoration projects by the U.S. Army Corps of Engineers, b
4 the funding for those projects was depleted before Lake
5 Trafford's restoration could be begun, and
6 WHEREAS, refusing to give up the campaign to save th
7 lake, Ann continued her lobbying efforts to reach out to
8 officials at every level of government and ultimately achie
r-.
9 the conunitment of funds needed from the state and the South
hUp:J/www.tlsenate.gov/cgi-binlview--PA~e.pl7fab=session&Submenu=l&FT=D&Filt".=.c;h- -. 7 n'inOO'i
~b~lUI; ;,Olllt; : : nsenme.gov
Agenda Item No. 5A
SepterPtlw;.1j~5
.. i"age j"014
WHEREAS, a contract for the dredging of Lake Traffor
was finally signed just 2 days before the unanticipated dea
of Ann Olesky on June 13, 2004, and
WHEREAS, the loss of this vibrant and outstanding
community leader is deeply felt by thousands of Florida
residents and officials who witnessed her inspired efforts
save Lake Trafford, and
WHEREAS, her community has recognized and memorializ
Ann Olesky's service and leadership by renaming Lake Traffo
Park in Immokalee in her memory, NOW, THEREFORE,
Be It Resolved by the Senate of the State of Florida:
That this body does pause in its deliberations to pa
its respects to the dedicated efforts and example of Ann
Olesky in her successful campaign to restore the environmen
health of Lake Trafford for present and future generations
Floridians and to recognize the exemplary value of her work
preserve Florida's ecosystem.
2
deletions; words underlined are addi
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http://www.flsenate.gov/cgi-binlview-page.pl.n.ab=session&Submenu=l&Ff=D&FiIe=sb... 7/25/2005
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
5A
Presenl<llion by SefHllol Burt Saunders I(::cognizing the con!nbu11011S of Ann Olesky to the
rE~st()r('ltion of Lak~ II afford
Meeting Date:
911JJ2005 SOGOO Ar.,.1
Appro\'ed B)
.lame\'; V. Mudd
County Manugcr
Date
BO<lrd ot County
Commissioners
County M~n.ager's Office
813/20051:31 PM
.-
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Agenda Item No. 5B
September 13, 2005
Page 1 of 6
EXECUTrvESU~Y
PRESENTATION OF THE ADVISORY COMMITTEE OUTSTANDING MEMBER A WARD
TO STEPHEN A. HARRISON, COUNTY GOVERNMENT PRODUCTIVITY COMMITTEE,
FOR THE MONTH OF AUGUST, 2005.
OBJECTIVE: To recognize and reward an advisory committee member for their outstanding
and dedicated service to Collier County.
CONSIDERATIONS: On September 21,2004, the Board of County Commissioners adopted
Resolution No. 2004-280 to recognize and reward outstanding Advisory Committee members for
their significant contributions to the organization and/or community. The respective committees
nominate the outstanding Advisory Committee members and the Awards Committee (same
committee that currently selects the Employee of the Month) evaluates and selects volunteers
from the nomination forms.
AWARD COMMITTEE RECOMMENDATION: August, 2005, Stephen A. Harrison,
County Government Productivity Committee.
~SCALI~ACT: NONE
GROWTH MANAGEMENT IMPACT: NONE
RECOMMENDATION: That the Board of County Commissioners present the Outstanding
Advisory Committee Volunteer Award to Stephen A. Harrison for the month of August, 2005,
for his work on the County Government Productivity Committee.
Prepared By: Sue Filson, Executive Manager
Board of County Commissioners
Agenda Date: SEPTEMBER 13, 2005
COLLIER COllNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
58
Presentation of the August 2005 Advisory CI)mmltlee Outstanding Member Aw,m! to
Stephen A. Hnrrison, County Governmt-:nl Productivity Committee
Meeting Date:
911 :}12005 900:00 AI'.1
Prepared By
Sue Filson
ElIccutivc Manager to the Bee
Date
Board of County
Commissioners
Bce OfficI.!'
711120053:11:26 PM
Apllroved By
James V, Mudd
County Manager
Date
Board of County
Commissioner!>
County M<ln.:ager's Office
B/3i2005 2:19 PM
Agenda Item No. 58
September 13, 2005
Page 3 of 6
MEMORANDUM
DATE:
July 07, 2005
TO:
Sue Filson, Executive Manager, BCC
Sandra Arnold-Lawson, Public Information Coordinator
Office of Communications and Customer Relations
John Torre, Director
Office of Communications and Customer Relations
Mary Jo Brock, Executive Secretary
County Manager's Office
FROM:
Dawn Ragone, Administrative Assistant
Human Resources Department
At their monthly meeting the EOM Committee members selected Steve Harrison,
Productivity Committee Member as Advisory Committee "Outstanding Member"
for August 2005.
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Page 4 of 6
ADVISORY COMMIITEE
OUTSTANDING MEMBER
NOMINA nON FORM
The objective of this program is to recognize significant contributions to the organ17.ation and/or
community by members of the many advisory boards and committees formed to assist the Board of
County Commissioners in carrying out their elected duties. All committee members who have
completed at least one year volunteer service on an advisory committee are eligible for nomination.
A committee may nominate one of their members if they satisfy one or more of the criteria listed
below. The specific reasons for the nomination should be documented on this form,under the
specific criteria Attach additional pages if necessary.
Nominee's Name: Steve Harrison
Advisory Committee: Productivity
Date of Appointment: February 4, 2004
Nominator's Name: Joe Swaja-Chairman
r ~~
Liaison Phone: 239-774-8383
Liaison: Wmona Stone
..
1) Does the member strictly follow the Ordinance creating the committee?
2) Does the member have an excellent attendance record? (At least 90% attendance or no more
than one absence in the last 12 months.)
3) Give specific examples of exemplary volunteer service.
4) Describe a uniquely innovative solution to a problem.
5) Detail an implementation of a recommendation that resulted in cost savings or increased
productivity.
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Adviso ommittee C . an's Signature Date
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Staff Liaison's Signature Date
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On May 18, 2005 (enter date of Advisory Committee meeting), the above referenced Advisory
Committee voted 7 to 0 to nominate the above referenced member as Outstanding Advisory
Committee Member.
Staff Liaisons are to submit the completed form to the Human Resources Department no later than
the first of the month preceding the award month.
I: Forms! County Forms! BCC Forms! Advisory Committee Outstanding Member Nomination Form
WWS 9.22.04
Agenda Item No. 58
September 13, 2005
Page 5 of 6
TO: The Board of County Commissioners
FROM: Janet Vasey, Productivity Committee Member
DATE: June 20, 2005
SUBJECT: Advisory Member Outstanding Member Nomination
Steve Harrison brings a wealth of knowledge, strong analytical skills, an independent
point of view and the power of persuasion to his work on Productivity Committee studies
and projects. He frequently provides the Committee his detailed analyses, prompting
discussion and well-documented conclusions and recommendations.
Steve's organizational abilities are excellent. He is directing the efforts of the
Productivity Committee's most aggressive project - the consolidation of functions across
local government agencies. This project, when implemented, will result in significant
cost savings to taxpayers.
Steve's contributions to the Productivity Committee have been truly significant and
deserving of recognition.
Agenda Item No. 58
September 13, 2005
Page 6 of 6
TO: The Board of County Commissioners
FROM: Joe Swaja, Productivity Committee Chair
DATE: June 15,2005
SUBJECT: Advisory Member Outstanding Member Nomination
Steve Harrison is an aggressive "can do" member of the Productivity Committee. He has
not missed any meetings and can be counted upon to volunteer whatever time is
necessary to accomplish the team's goals. Steve has been the driver behind a number of
key initiatives for the Productivity Team. For example, the Operation Effectiveness and
Efficiency Project was conceived, planned, organized and implemented by Steve
Harrison. He has knowledge in the financial field and his business acumen are vital to
the diverse talents on our committee. All the members of the Productivity Committee
look to Steve's guidance and expertise on complex financial and business issues.
I feel privileged to work with Steve and look forward to continuing to make a positive
impact on improving the operation of our county.
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Agenda Item No. 5C
September 13, 2005
Page 1 of 4
EXECUTIVE SUMMARY
PRESENTATION OF THE ADVISORY COMMITTEE OUTSTANDING MEMBER AWARD
TO WALTER JASKIEWICZ, COLLIER COUNTY CITIZEN CORPS
OBJECTIVE: To recognize and reward an advisory committee member for their outstanding
and dedicated service to Collier County.
CONSIDERATIONS: On September 21,2004, the Board of County Commissioners adopted
Resolution No. 2004-280 to recognize and reward outstanding Advisory Committee members for
their significant contributions to the organization and/or community. The respective committees
nominate the outstanding Advisory Committee members and the Awards Committee (same
committee that currently selects the Employee of the Month) evaluates and selects volunteers
from the nomination forms.
A WARD COMMITTEE RECOMMENDATION:
Walter Jaskiewicz, Collier County Citizens Corps
FISCAL IMPACT: NONE
GROWTH MANAGEMENT IMPACT: NONE
RECOMMENDA TION: That the Board of County Commissioners present the Outstanding
Advisory Committee Volunteer Award to Walter Jaskiewicz for his work on the Collier County
Citizens Corps.
Prepared By: Sue Filson, Executive Manager
Board of County Commissioners
Agenda Date: SEPTEMBER 13, 2005
Item Number:
Item Summary:
MeeUng Date:
COLLIER COlJlliTY
BOARD OF COUNTY COMMISSIONERS
5C
Presentation of the September 200G Advisory Committee Outstanding Member Award 10
Walter R. Ja;::~iewi(~! Collier County Citilen:o Corps
9113/20059.00:00 M."
EXecutivf~ MarMger to lilt' Bee
Date
Prepared 8)0'
SUf' f i!son
Board of County
Commissioners
Bee Office
8/113/20054:02:04 PM
James V. Mudd
County Manager
Dot.
Allllro\'cd By
Board of County
Commissioners
County Manager's Office
8/31/20052:59 PM
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Agenda Item No. 5C
'=--~ffl""""'h;o13 2005
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COrn:.,. County
AUG t 8 _
ADVISORY COMMIITEE
OUTSTANDING MEMBER
NOMINATION FORM
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The objective of this program is to recognize significant contributions to the organization and/or
community by members of the many advisory boards and committees formed to assist the Board of
County Commissioners in carrying out their elected duties. All committee members who have
completed at least one year volunteer service on an advisory committee are eligible for nomination.
A committee may nominate one of their members if they satisfy one or more of the criteria listed
below. The specific reasons for the nomination should be documented on this form under the
specific criteria. Attach additional pages if necessary.
Nominee's Name: Advisory Committee:
Mr. Walter Jaskiewicz Citizen Corps Advisorv Board
Date of Appointment: Nominat.or's Name:
November 5, 2002
Liaison: Liaison Phone:
Jim von Rinteln 774-8911
1) Does the member strictly follow the Ordinance creating the committee?
2) Does the member have an excellent attendance record? (At least 90% attendance or no more
than one absence in the last 12 months.)
3) Give specific examples of exemplary volunteer service.
4) Describe a uniquely innovative solution to a problem.
5) Detail an implementation of a recommendation that resulted in cost savings or increased
productivity.
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Date
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ee ~ Signature Date
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StMfLiaison's Signature Date
Jt- Acr ;<.GnS
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On ~ 17..1.A (enter date of Advisory Committee meeting), the above. referenced Advisory
Committee voted , c to 0 to nomln~te the above re:ferenced member as Outstanding
Advisory Committee Member.
Staff Liaisons are to submit the completed form to the Human Resources Department no later than
the first of the month preceding the award month.
Page 6
-._~ County Forms! Bee Fonns/ Advisory Commitu:e Outstanding Mc:mbc:r Nomination Form
WWS 9.22.04
Agenda Item No. 5C
September 13, 2005
Page 4 of 4
Narrative
Walter J. Jaskiewctz has been an outstanding member of the Citizen Corps Advisory
Committee since its inception in October of 2002 through County Ordinance 02-56. He
has superior attendance record only missing one meeting in three years, and that was due
to training which was related to Advisory Committee responsibilities.
Due to his recognized leadership, Mr. Jaskiewicz was nominated and elected to serve as
Chairman of the Citizen Corps Advisory Committee in 2004. During this tenure he has
established several new initiatives aimed at improving emergency preparedness in Collier
County, including the establishment of a Speakers Bureau, increased participation of
members in seminars and informational forums and greater exposure to media
opportunities in the community. He has donated generously of his time toward these
projects always leading by example to others by being the first to participate or volunteer
to help.
Under his leadership the Collier County Citizen Corps Advisory Committee was recently
recognized by Collier County residents through the "Honoring the Community 2005
A ward Series". In recognition of the many valuable contributions to the community -
". . . for protecting Collier County through education, training, and volunteer service".
Walter Jaskiewicz has generously given of his personal time, energies and home towards
the Advisory Committee mission. A recent example was his volunteering to participate
in a Collier County Public Safety television spot aimed at helping boaters prepare for the
threat of a hurricane. Mr. Jaskiewicz offered his home and personal boat for the project,
coordinated the participation of the Coast Guard Auxiliary and spent the better part ofa
full day preparing for and making sure the project was done professionally. Since there
are more than 23,000 registered boats in the county, securing them during the threat of
severe weather such as a hurricane is imperative to minimize both property and
environmental damage.
Because of his participation in this project and others like it, he has truly gone above and
beyond what is normally expected of an Advisory Committee member, and is therefore
nominated for consideration as the Advisory Committee Outstanding Member
designation.
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Auc 24 05 01:39p
239-593-6738
Agenda I~m. No. 50
September 13, 2005
Page 1 of 1
THE AMERICAN FOUNDATION FOR
HUNGARIAN YOUTH AND CULTURE, INC.
n_ WIIo ))oa't 561(C)(3)C1aaritable Corp. AId A M6hat
Vat. TIle Put N_1IectIIII,
SbaD AIIlIae AuaII
Without. 'lIare JlIvtIje Sl_
1919 Princess Ct., Naples FL. 3411 0 - Phone" 239-593-9513 Cell # 586-484-5444
E-mail-ASEVVA@AOL.COM
8/2412005
Time Reprintins - US.
The contact information of our organization is contained in the above letterhead.
We would like to request your approval for the use of the Ian. 7, 1957 Time Magazine
cover depicting "The Man of the Year - The Hungarian Freedom Fighter". It would be
used as a laser graphic on a 5 ft. granite base supporting a Sft. sculpture depicting a young
lad. on one knee. holding between o\dstretched arms the Hungarian National Flag.
The sculpture is intended to be placed in "Collier County's, soon to be completed,
"Freedom Park" located in Naples Florida to commemorate, next year, the 50lh
anniversazy of the Hungarian revolt of 1956. Other sites in the US are also being
considered based on local interest, permits and approval.
We would also like to obtain a graphic/picture (min 500 pixel) of the cover to use for the
laser graphic.
Gratefully yours,
~~
AndrewS. Evva
President
Cc Mr. James V. Mudd - Collier County Manager
Mr. Frank Halas - Collier County Commissioner
Agenda Item No. 6A
September 13, 2005
Page 1 of 2
~
COIllER COUNIY MANAGER'S OFFICE
3301 East Tamiami Trail . Naples, FL 34112 . 239-774-8383 . Fax 239-774-4010
June 28, 2005
Andrew S. Ewa, President
The American Foundation for Hungarian Youth and Culture, Inc.
1919 PrIncess Court
Naples, FL 34110
Re: Public Petition Request to Discuss the Placement of a Sculpture Commemorating
the 50th Anniversary of Hungary's 1956 Revolt
Dear Mr. Ewa:
Please be advised that you are scheduled to appear before the Collier County Board of
Commissioners at the meeting of September 13, 2005, regarding the above referenced
subject.
Your petition to the Board of County Commissioners will be limited to ten minutes.
Please be advised that the Board will take no action on your petition at this meeting.
However, your petition may be placed on a future agenda for consideration at the
Board's discretion. Therefore, your petition to the Board should be to advise them of
your concern and the need for action by the Board at a future meeting.
The meeting will begin at 9:00 a.m. in the Boarcl's Chambers on the Thl~ Floor of the W.
Hannon Turner Building (Building "P) of the government complex. Please arrange to be
present at this meeting and to respond to inquiries by Board members.
If you require any further information or assistance, please do not hesitate to contact this
office.
JVM/jb
cc: David Weigel, County Attorney
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Agenda Item No. 6A
September 13, 2005
Page 2 of 2
ThOle Who Don't
Vallie TIle Pat
SbalI AlID Be
WltIlout . Future
THE AMERICAN FOUNDATION FOR
HUNGARIAN YOUTH AND CULTURE, INC.
501(C)(3)Charitable Corp. Aid A M6Itat
Nea BeaIIi,
A.uk
JlIvllJe SIDeI
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1919 Princess Ct., Naples FL. 34110 - Phone # 239-593-9513 Cell # 586-484-5444
E-mail -ASEVVA@AOL.COM
May 23, 2005
Mr. James V. Mudd
County Manager
Collier County, FL
3301 Tamiami Trail E.
Naples, FL. 34112
Dear Mr. Mudd,
This is a request to petition the Collier County Commissioners at their first September
Board Meeting (Sept. 13, 2005); to allow the placement of a sculpture, commemorating in
2006 the 50th anniversary of Hungary's 1956 Revolt, in an appropriate place on the
Collier County compound. This placement, obviously, at no cost to the taxpayers.
Sincerely,
~~~
~~ Andrew S. Evva
President
Cc Mr. Frank Dobos - President
(Naples Hungarian! American Club)
Agenda Item No. 68
September 13, 2005
Page 1 of 2
~
COlliER COUNTY MANAGER'S OFFICE
3301 East Tamiami Trail. Naples, FL 34112 . 239-774-8383 . Fax 239-774-4010
August 15, 2005
Mr. James D. Bryant
2173 Pinewood Circle
Naples, FL 34105
Re: Public Petition Request to Discuss Traffic Light Timing in Collier County
Dear Mr. Bryant:
Please be advised that you are scheduled to appear before the Collier County Board of
Commissioners at the meeting of September 13, 2005, regarding the above referenced
subject.
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Your petition to the Board of County Commissioners will be limited to ten minutes.
Please be advised that the Board will take no action on your petition at this meeting.
However, your petition may be placed on a future agenda for consideration at the
Board's discretion. Therefore, your petition to the Board should be to advise them of
your concern and the need for action by the Board at a future meeting.
The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W.
Harmon Turner Building (Building "F") of the government complex. Please arrange to be
present at this meeting and to respond to inquiries by Board members.
If you require any further infonnation or assistance, please do not hesitate to contact this
office.
Sincerely, ~
~~
County Manager
JVM/jb
cc: David Weigel, County Attorney
Nonnan Feder, Administrator, Transportation Services
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R~uest to Sceak under Public Petition
Agenda Item No. 68
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AUli 1 2 2005
Please print
Name: ~;"G.s~. BA!!Y;9,J / ~
ACTION
FILE
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Date of the Board Meeting YOU wish to sDesk:
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Ple~se explain in ~~ilthe reason YOU are reQuesting to SDesk (attach additional
page if necessary):
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Please explain in datai/the action you are askinca the Commission to take (attach
additional Daoe if necessary):
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C:\Documenta "'1d Settings\lim BryanN.ocal SlIttln\JG\Temponary Internet
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Agenda Item No. 6e
September 13, 2005
Page 1 of 11
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COWER COUNlY MANAGER'S OFFICE
3301 East Tamiami Trail - Naples, FL 34112 - 239-774-8383 - Fax 239-774-4010
August 15,2005
Mr. and Mrs. Matthew Nolton
104 Flame Vine Drive
Naples, Fl 34110
Re: Public Petition Request to Discuss Fence Permit and Code Violation
Dear Mr. and Mrs. Nolton:
Please be advised that you are scheduled to appear before the Collier County Board of
Commissioners at the meeting of September 13, 2005, regarding the above referenced
subject.
-
Your petition to the Board of County Commissioners will be limited to ten minutes.
Please be advised that the Board will take no action on your petition at this meeting.
However, your petition may be placed on a future agenda for consideration at the
Board's discretion. Therefore, your petition to the Board should be to advise them of
your concern and the need for action by the Board at a future meeting.
The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W.
Harmon Turner Building (Building "F") of the government complex. Please arrange to be
present at this meeting and to respond to inquiries by Board members.
If you require any further information or assistance, please do not hesitate to contact this
office.
~reIY,
~v:~~
James V. Mudd
County Manager
JVM/jb
cc: David Weigel, County Attorney
Joseph Schmitt, Administrator, C.D.&E.S.
Norman Feder, Administrator, Transportation Services
Michelle Arnold, Director, Code Enforcement
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Reauest to Soeak under Public Petition
RE Agenda Item No. 6C
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Please print
ACTlON
Name:
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Address:
104
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Phone: Ho~'l'f.., LJ~s - 19D5" · cell O1~Cj, 300 S-
Date of the Board Meetinavou wish to soeak; S'€f+e rrt.b~ 13. ~ODS-
Please explain in detail the reason YOU are reauestino to sDeak (attach additional
paoe if necessary):
Sf~ a H-Ctc he J
Please explain in detail the action YOU are askino the Commission to take (attach
additional paoe if necessary):
~ee- Ct Yo. c h p d.
C:\Documents and Setlinga\moIton.FORGaocal Settings'Temporary Intomet FIIes\OlK170\Public Petition Request
Form.doc
Agenda Item No. 6C
September 13, 2005
Page 3 of 11
Collier County Board of County Commissioners
My older sister and my Wife and I purchased a single-family residence located at 104 Flame
Vine Drive. We purchased the residence just over a year ago to move our aging parents into
from Denver Colorado so that they would be closer to care for as they age. The home is
located at the northeast corner of the intersection of Flame Vine Drive and Piper Street off of
Immokalee Road in Collier County.
Piper Street is a relatively busy street and runs parallel to the south side of the residence.
The rear of the residence was enclosed with a chain link fence and a row of ficus trees when
we purchased the residence. My Wife and I have four children with the youngest being a
small girl that is only eleven years old. Once while over visiting their Grandparents our
youngest daughter was approached by a strange man who was walking along Piper Street.
In this day and age of kids being abducted or sexually assaulted we were nervous to have
our kids in the backyard. Therefore, shortly after this event my Wife and I decided to have a
wood privacy fence installed to replace the chain link fence for safety of our children when
they are visiting their Grandparents.
We hired what we thought was a reputable fence company to install the fence. They provided
us a proposal (copy attached) to remove the chain link fence and install a six foot tall wood
fence. After the fence was installed we were notified by Collier County Code Enforcement
that we were installing a fence without a permit. We immediately contacted the fence
company and questioned them concerning the issue about the permit which they were
contractually obligated to obtain. They reported to us that there had been an oversight on
their part and that they would apply for and get a permit for the fence.
They attempted to get a permit and then reported to us that they could not get a permit for
the fence as it was built and that they would have to cut off approximately the top two feet of
the fence because of a Collier County Ordinance. We told them not to cut the fence and told
them that we would look into the issue with Code Enforcement. My Wife and I have spent
over 100 hours speaking with anyone and everyone we can about the fence from the Code
Enforcement Officers to County Zoning and Permit personnel. Everyone we have spOken to
has told us that we shouldn't have to cut the fence because it does not offer any impediment
to sight along either of the roadways and it does not create an eye soar. In fact it improves
on the overall appearance of the property. However, no one was willing to sign off on the
fence.
After spending an extreme amount of time trying to put some reason to the problem we were
told that our only recourse was to petition the Board of County Commissioners about this
issue. Therefore, we offer this narrative for your review and the attached documents and
pictures of the property showing the fence and ask for your help. We are law abiding
residence of Collier County. I graduated form Lely High School, own two active businesses,
have four wonderful children that are attending Collier County Schools. I have never asked
for any special treatment from any governmental agency and believe in doing what is right.
In this case it just doesn't seem logical or right that the fence in questions should be altered.
It is there for the safety of my children, it adds to the beauty of the neighborhood and does
not impact vision of traffic on the two streets. I do not see how this fence is anything different
then any privacy wall that is around many of the other developments that are constructed or
are being constructed in the County. Please help us bring closure to this very small item.
FROM GULFSTREAM FENCE CO.
(THU) APR 14 2005 11: 23/ST. 11: 19/No. 6660047000 P I
Agenda Item No. 6e
September 13, 2005
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25270 Benawooc:l DELft! Suite 3 3Ct>1 (p
2384..,410
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GULl'I'I'IIl.I\\aM I"IBC& CO.
BOIIJ:TA IfttmCJ., I'L 34135
PROPOSAL/CONTRACT
1500.00&~,lJJP "'~.'.CIZ',Z-, n '.nwa
1715.00" '
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514 7/a~
CU.t~r Info~tion:
Roxann Nolton
104 flame View Dr
Naples, FL 34110
Rote. :
Gulfstream fence Co. will be responsible
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,.- .. rerm1ts .nd call1ng Locator service. .
* Rip out and Removal of pre-existing wood
.fence.
.Installinq WOOD, Pressure-Treated Pine,
BOARD ON BOARD fence. 6ft. in Height.
Job will take appx. 3 days to complete.
License '011011, AFA member, ASCF member.
GIUL".'I\Il.UlM nncc::lI CO. atJ.._a to 91Iarantee iIIbav1t
I'enoe w tie 1'1:.. I'&:Cla ...-ee_. ~ft ut:cC's..u and
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a:eq\lut;, s.n ~1IoS.A9 Wba1!e tNI f..,. i. to be
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~ ).~..... 0'" :1.1\ ..ny way ..uan,*- their
ao~acv. If Sl'~~ty pioa. cannot be 1ocat:.8d it U
:r:~l\ ldlId t:h.at tbot ao.tOllltI' h_ tM p~rty
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reapona1:bUlty Lor ha.v1ng \lhdlerpound pllb110
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fop: any CIDllIe CllnaMd by dl~ CIIOLI'S'fIUIIM ftIIea
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footqllt of f.-cing built and t:2Ia WOn ..do~.
paC1:laJ. DJ,U.lnt fOI: __&,U18 cSilIli_J:eCI to t.be ;ab
contract amount: $
Down ~a~nt.: ~ ~ .
Jlalana. D1le: $
3275.00
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cftldu:_ ._ eM CNr:nfttJ.~ _~lldM1d 1:'&"'.
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wUl al_ _ 1KIdiad. 'l1w ~11. ~~ 0& t:l\U
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0.. not n. bY .... .t.mroiClllCl.
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aiu- 0<< p. 00). 111\I.6 1. lIIlo I&IIIl1Ul1 pe~~
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not. paid w1.th1" to day. .e-te.. OOIlIpl.t:.iOll ot allY
wol:k i.nvo:i.u.cl. .IIl.l. _l;<U':t.ala wl11 r_n tlhe
~qo oW ~ nIICIl ClO. UAt:U a11 tAvO:I._
put,alni.ng .. au.. ,. are piUd b ~11. on..
CIUlItOlIItC ~ to pq aU. lftttl1'eat: and any _"-
lngacl'OCl Ion ale 0011eo.uon of tlU.. clllbt..
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PROM GULPSTREAM FENCE CO. (TUE)JUL 26 2005 9:57/8T. 9:53/~Jo. 6660047623 P 2
Agenda Item No. 6C
COLLIER COUNTY September 13, 2005
BOARD OF COUNTY COMMISSIONERS Page 5 of 11
PERMIT
~~ .: 2005072774
rSSUED: 07-26-05
9.STER f: COA i:
PEBMI'l' TYPE; met:
APPLIED DATE: 07-26-05
VALm I: 774
APPROVAL DATE: 07-26-05
JOB ADDRESS: 104 FLAME VINE DR
JOB OI!:SCR.IPTION: 4' WOODEN FENCE ALONG FRONT &: SIDE
JOB PHONE:
SUBDIVISION t: 1346 - palm River EState Unit 1 BLOCK: 1
naco HAP: 0191 ZONE: X ELEVATION:
E'OLIO I: 0000065222640005 SECTION-TOWNSHIP-P.A.NGE 23 48 2'
!:2!.:. 66
JWNF.R INFORMATION:
~OLTON. MATTHEW H=& ROXANN F
KAREN B NOLTON-NOVAK
2425 PINE WOODS eIR
~APLES, FLROB80 341050000
CONTRACTOR INFORMATION:
GULFSTREAM FENC& co.
25270 BERNWOOD DR., STE. t 3
BONITA SPRINGS,FL 34135-
CERTIFICATE t:
23267
PHONE: (2391498-6410
FCC COOE: 329 - STRUCT OTB THAN BLDG-POOL/SEAWALL/DOCK/F
:::ONSTRUCTION CODE: 10 I OTHER
,JOB VAlot1R: 1.800.00 TOTII.L sQFT':
SETBACKS FRONT:
SEWER:
CONTACT NAME:
CONTACT PHONE:
REAR:
SEPTIC
ARTHUR. ANDY
t23914.9B-6410
LEFT:
WATER:
RIGHT:
WELL
Per Collier County Ordinance No. 2002-01, as it may be amended, all work must comply wi1h an applicable laws, codes, ordinanoes, and my additional
stipulstions or conditions of1hispennit. This pennit expires if work au1.hon.d by the permit is not commenced within six (6) months from the dale of
issuance ofthe permit. Additional fees for failing to obtain permits prior to the oommenament of consuuct1on may be imposed. Pcnniuce(s) further
umlerlltlll1Us lhall1.ny wnlrlJClur lhlJl. mil)' be cmpluya.l mwt be Ii liccnsc::d wnlra."1ur lII1d IhlJl. Ihll structure m ust not be Ulled or tK:cupied until a Certificate of
Oa:upaney is issued.
NonCE: PRIOR TO THE REMOVAL OF ASBESTOS PRODUCTS OR mE DEMOLITION OF A STRUCTURE, FEDERAL
AND STATE LAWS REQUIRE THE PERMIITEE (ErrHER THE OWNER OR CONTRACI'OR) TO SUBMlT A NonCE OF
THE INTENDED WORK TO THE STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP). FOR MORE
lNFORMATION, CONTACT DEP AT (139) 331-6975.
In addition to the conditions ofthis permit, there may be additional restrictions applicable to tJail property that may beloalld iD
the public reeords of this eounty, and there may be additiooal permits required from other governmental entities sucb as water
DlIDagemeat districts, sate ageD des, or federal agencies.
WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF
COMMENCEMENT MAY RESULT IN YOUR PA YING TWICE FOR IMPROVEMENTS TO
YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR
LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF
COMMENCEMENT .
FROM. GULFSTREAM FENCE CO.
a~, la-znos \11: , hI! F rCIII-FOIGi ENGINEERI"'
(FRI)JUN 10 2005
.U8S144161
9: 16/ST. 8: 50/No. 666004730C P 2
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Agenda Item No. 6D
September 13, 2005
Page 1 of 22
~
1Ii:~
COUlER COUN1Y MANAGER'S OFFICE
3301 East Tamiami Trail. Naples, FL 34112 . 239-774-8383 . Fax. 239-774-4010
August16,2005
Mr. John Gursoy
4290 Avalon Drive
Naples, FL 34112
Re: Public Petition Request to Discuss Gulf Coast Skimmers Lease Termination
Dear Mr. Gursoy:
Please be advised that you are scheduled to appear before the Collier County Board of
Commissioners at the meeting of September 13, 2005, regarding the above referenced
subject.
Your petition to the Board of County Commissioners will be limited to ten minutes.
Please be advised that the Board will take no action on your petition at this meeting.
However, your petition may be placed on a future agenda for consideration at the
Board's discretion. Therefore, your petition to the Board should be to advise them of
your concern and the need for action by the Board at a future meeting.
The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W.
Harmon Turner Building (Building "F") of the government complex. Please arrange to be
present at this meeting and to respond to inquiries by Board members.
If you require any further information or assistance, please do not hesitate to contact this
office.
Sincerely, ~...4 ~#
Q 1/ ;r/~
James V. Mudd
County Manager
JVM/jb
cc: David Weigel, County Attorney
Marla Ramsey, Public Services Administrator
Wayne Boyer, Parks and Recreation Director
,-..
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Agenda Item No. 6D
REa:IVED~~3~
Reauest to SDeak under Public Petition
Please print
AUG 1 6 2005
ACllON
Name:
:fohn C!u.rsot~ Gulf 1'..<\st SK'Mfl\OO; \.Me, ~~i ~...r
Address: A \ {'\.-'
L\ 2.. q (j "0..\0(\ vnvQ.
t-1 ~~~ .. ~L. 3'-\'11.-
Phone: (2..3q)"13~-05'10 o{lt ('115) 4i'i- bCO07 {w;SUl(\$i~
Date of the Board Meetinc YOU wish to soeak: ~13-0 5
Please exolain in detail the reason YOU are reauestina to soeak (attach additional
Daoe if necessarv);
lhP. e..~ad l"'eI\S \ eASe Ult.\S ""'''''0''3 k..\\{ -\-erm;f\~-\e.c\. The
(\A~lc\~.J'\ Wflr\\- -\-0 t'\I\eJ.\~.\e v.i&~ +ke B.(?,e. b\bl,w\1 stnetJ-H-e
.}Jl'~~ ~~~ -I-he..i... M~e:(,~~~ ,On p"",ye.c- Q.nd 1~C: ,t :I:.h ~we
....:fru~ to o..'bt:lUP~;- ,,~s: in +k 6 e<: ~~,~ in +hc. hQ,\\WQ.Y.s o.nJ
on ~\\ ~ s:~ * -+k. ~1 pc:l\.~\ CoAr3. Oil fV\o.n::h <<8, ')..005
r_tJI"V\~I~;D"44i C t") lle.h WdS ~ ~j vJ ~y ne~ +}.e.. K.~SI P~-b
ex- l1 ~Mu"'~1 ~W uJ~~~+ p~~~ ~~ M~.....J-r~t~.\e
-\-lre. -s\(.,w~ o.~ ClS~ iP J.'-.\~e W\+h -+hL. sJ<.,W\~ eo...J. Co-\-hl\~.
Please exolain.in detail the action yOU are askinc the Commission to take (attach
additional pace if necessarY):
Jo ~{\~ -r'-'c. $K\~Mer.s o.t'\l ~~Id~ .,CY't~~"') -h, ~-r
0.. d~Se. -\-0 ~ a.t l-c..,o.. ~~ p~+c:J. G\. + +hi. M4n::t... ~~ (;lJ::,o3 )
C~JrMV\\;S'~ Me-~'i J~ 6.e.<!.. :r.-+ I~.", ~tJC:U-W ~1::s..
p--sW 'o,~".c.c\l" ""eJ\~.te ae..~ +W!. ~7. Q.~ ~Sl<:.I~.
A p<<.t>+e- ~/~ '~l cJ,~ lS p~A~ -h:, "-1.eJ.t~.te. ~
s ~~~ s,",-..lJ. ~_ \......_v-J. ..._"".l ~.l- ~,~ W'\\y be.. ?.\(" ~""~ r~ fA1-
-+0 a.\l~ ~ 1ik:I~~ ~YI o,P~.:t -b ~,.~,. ce..~ 4,S
y oJ ~1I ~ -t'\4L. Go.x'\ ~ to :Ii +-.k (-.s .
C:\Doc:I.menls 8r1cI SeltInga\JOHN'My DocurnenIa\2005 Court c.e\PubllcP8tlllOt.RequeetFonn.doc:
.
Agenda Item No. 6D
September 13, 2005
Page 3 of 22
"I' C...t S...... ..1eI' S.. S.... I.c.
.... ...... .....
........ F...... 1411.
RECEIVED COUNTY MANAGER OFFICE
August 15, 2005
AUt; 1 6 2005
Board of County Commissioners
Fred w. Coyle, Chairman
Frank Halas, Vice Chairman
Donna Fiala, Tom Henning
Jim Coletta
CoUier County Government Center
3301 East Tamiami Trail
Naples, FL 34112
ACTION
FILE
Dear Chairman Coyle, Vice Chairman Halas and Commissionen, Fiala, Henning and Coletta:
Marla Ramsey, at the March 8, 2005 commission meeting, presented an outline concerning
the Gulf Coast Skimmers operations at Lake Avalon and Sugden Regional Park. Her
aDegations lead you to wrongfully terminate the children's lease. Miss truths and incorrect
statements prepared by Marla Rasmey have been damaging to the children. Each incident
and lor document given to you by Marla Ramsey can be refuted with evidence, witness and
testimony. The children want to present their case to the Commissioners.
The Gulf Coast Skimmers Water Ski Show belongs to the children ofCoUier County. The
children have always been in attendance at every commission meeting in which the Gulf
Coast Skimmers have been the subject. Marla Ramsey denied the children and parents
the right to attend by not giving proper notice to the Skimmers that they were to be on the
agenda. On March 8, 2005 Commissioner CoDeta was right to question why no Skimmers
were present in the room. (See exhibit B). It was Larry Hannon of the Naples Daily News
who alerted the Skimmers, at 4 PM on March 8, 2005, that the children's lease had been
voted with intent to terminate with 180 days notice that morning.
Back in 1999 Marla Ramsey tried to terminate the children's lease without foDowing the proper
method as defined by the lease, which includes due process. On June 1, 1999 Tom OUiff
recognized the elTOr that Marla Ramsey was about to make. In a weU-documented memo,
copied to County Attorney David Weigel, Tom ODitTstrongly warned Marla Ramsey not to
come before the Commissioners without the children having a due process hearing through
P ARAB (See exhibit C). Tom OUiff recognized the children were entitled to defend the
aDegations being made by Marla Ramsey. Tom OUifl' bad great concern about the validity of
Marla Ramsey's allegations against tbe Skimmers. Tom ODiffwas very concerned Marla
Ramsey was going to diminisb the credibility of PARAB and expose the BCC to unnec:essary
JoIMI 'W. .~_.,. f_.'.
. "... 0..... .......
...7.-8178
Agenda Item No. 60
September 13, 2005
Page 4 of 22
..., eo.t "...n
........
liability of wrong termination and breach of contract. In 1999 Marla Ramsey yielded to Tom
ODift"s wisdom and puDed the executive summary calling for the children's lease to be
terminated. In addition she did not continue to pursue termination through PARAB. Tom
OUilT is gone and Marla Ramsey no longer has accountability to a seasoned Public Service
Administrator for wise council. On March 8, 2005 she came before the BCC in a renegade and
maverick fashion and summarily used the BCC's power to terminate the children's lease.
On behalf of the children of the Gulf Coast Skimmers Water Ski Show and Youth Outreach
Program I am formally requesting that Biblical Judeo-Christian mediation begin immediately.
As a faith based organization in which the Holy Bible is the comer stone, it is requested that
the mediation be held according to the Biblical principles found in the book of Mathew,
chapter 18, and verses 15-18. (See exhibit A) A local Pastor and two professional Biblical
mediators stand ready to give their time. "1" God We Trust" is the motto, which hangs in the
haUs of your building, on the side of every Sheriff's car, and behind your seats in the
Commission chambers. In addition, you open every BCC meeting in prayer honoring God and
His principles and infinite wisdom as to how you conduct county business. Nothing less than
Biblical mediation would be appropriate for the children and the community that raised the
money to build Sugden Regional Park. Let this letter serve as a formal request to be placed on
the September 13, 2005 agenda to discuss the mediation process with a Pastor and professional
mediators.
The reason why the Church needs to mediate is to help heal the hearts and feelings of the
children who have been hurt. The healing of hearts will not occur unless aU issues are
discussed and the truth about the parks department is brought forth. With Biblical principles
and the Church's help the children believe Marla Ramsey and the Skimmers can get back onto
a Biblical foundation seeking reconciliation, repair and restoration with each other and God.
Once the Skimmers and Marla Ramsey's relationship is restored, both can move forward to
serve more at risk children of CoUier County. Biblical mediation will be a powerful testimony
to the children and the community as to how to handle disputes.
RespectfuDy,
~~~
HoDy M. Gursoy
President
HMG/jng
Enclosures
..... w. ..... _." ,.......
...... 0"'...... ........
...-7.....78
.
Agenda Item No. 60
September 13. 2005
Page 5 of 22
.. c...e .......
.........
Exhibit A
In the book of Matthew, chapter 18 verses 15-18 clearly outlines how
believers are to handle disputes and resolve differences: "If any of you
should have a dispute amongst you go and meet with them one on one. If
you resolve your differences you have won your brother over. If your
brother does not see his ways then take two or more with you to establish
that you seek to reconcile your differences and if your brother see his
ways then you have won him over. If he still does not see his wavs to be
wrone then brine the whole matter before the church to be mediated and
your brother still does not see his ways as being wrong then treat him as
you would the pagans and dishonest tax collectors. "
...... w. e.._o,,, "...r
II ....... 0....... ....._
"'-7."178
Agenda Item No. 6D
September 13, 2005
Page 6 of 22
.... C.... S...... ...... SId S.... 'M.
.......... ...
....... ......... ..11.
September 1, 2005
R~ COUNTY ~GER OFFICE
,...- ~ -
/' ~
SEP 0 7 2005
James Mudd, County Manager
% Michael Dowling
Real Property Management Department
3301 Tarniarni Trail East
Naples, Florida 34112
ACl10N
FILE
Dear Mr. Mudd:
Upon checking to confirm that Collier County Government was in receipt the Gulf Coast Skimmers
Board of Directors letter dated August 26, 2005 covering the lessor defauh and damages caused by
Collier County, Judy Bodine shared with John Gursoy that you are not recognizing the letter. Judy
Bodine said that you would not allow the letter to be included with the back up documentation
associated with item 6.D for the 9/13/05 Commission agenda. She shared with John that even though
it arrived in time to be included as back up documentation you denied the inclusion of the
defaultJdamages letter since it was sent by the Board of Directors of the Gulf Coast Skimmers Water
Ski Show Inc. and not by me in my capacity as President of the corporation.
According to Florida State Statute 617, the Florida Department of State Division of Corporations
(See Exhibit A) and David Weigel's legal opinion given to the Sheriffs Department (See Exhibit D)
the signature as the "GulfCout Skimmen Water Ski Show. IDe. Board of Directon" is valid and
possesses full authority. I am aware of several County Commissioner correspondences items that are
sent out signed "Board of County Commissionen". However if it will give you peace of mind I
have signed the same letter you received in your office on August 30,2005 at 11:05 am via Fed-X
signed for by Jerrie Sheppard. (See exhibit B & C).
This information in the letter, dated August 26, 2005, is crucial for the County Attorney and
Commissioners to consider before Marla Ramsey pursues any further steps to tenninate the children's
lease. Without such information you would be denying the Gulf Coast Skimmers due process for the
second time as was denied by Marla Ramsey's last minute covert placement of the Gulf Coast
Skimmers lease tennination on the BCC agenda at the March 8, 2006 Commissioners meeting. The
BCC needs to hear all of the information from both sides in order to make a legally binding decision
associated with the Gulf Coast Skimmers Water Ski Show, Inc. Further more at the March 8,2005,
BCC meeting, Commissioner Henning stated that "The Gulf Coast Skimmers always has the ability
to petition the Board of Commissioners for relief and I think in this period, that is one option they can
do besides trying to work it out with our Parks and Recreation staff" (See exhibits E,) Additionally,
lack of notice to the public and not allowing amble time for the commissioners to study the enormous
JeM W. ___." ,.....
...... 0..... Pr....
.. CMst "v-an
.... I
Aaenda Item No. 60
September 13, 2005
Page 7 of 22
packet that was handed to them, by Marla Ramey, was unprofessional and not representative of the
Collier County government standards you have established during your tenure as County Manager.
(See exhibit F and G)
At the writing of this letter two messages have been left with Judy Bodine for you to call. As of this
time the calls have not been returned. (715-479-6807). I am disappointed that you did not notifY me
of your decision not to include my Board of Director's letter as part of the back up documentation for
item 6.D. Further more it is once again being requested that item 10. E of the County Managers
Report in which Marla Ramsey will pursue the issue of lease tennination be combined as a
"comoanion item" and not be addressed as a separate item by the Board of County Commissioners.
It would be prudent, customary, necessary and following the historical precedent set at previous
Commission meetings for agenda items 6. D and 10. E to be combined as "eomoanion items" in
order to help the Board of County Commissioners make a legally binding decision.
Respectfully,
:~eWoU'~j
Holly M. Gursoy
President
HMGljng
Enclosures
Cc: David WeigeL County Attorney
Wayne Boyer, Parks and Recreation
Collier County Commissioners
...... w. ___,. ..__
. ".... 0_.... .....-
"
f\
Agenda Item No. 60
September 13, 2005
III III PI~ 8 of 22
.... C.... S ___ ..aer s S......c.
.... ...... Drhre
....... ........ 14111
August 26, 2005
Board of Collier County Commissioners
James Mudd
County Manager
% Real Property Management Department
3301 Tamiami Trail East
Naples, Florida 34112
Dear Commissioners and Mr. Mudd:
This is a letter to confinn that the children of Gulf Coast Skimmers Water Ski Show and Youth
Outreach Program have been placed on the September 13, 2005 BCC agenda item 6. D. Please
enter this letter for the record and part of the agenda discussion for item 6. D. If any other
items are place on the September 13, 2005 agenda by any staff member,
department or division concerning the Gulf Coast Skimmers Water Ski Show,
Inc., it would be prudent, customary and necessary for that agenda item to
become a "comDanion item" and not be addressed by the BCC separate from
item 6. D.
The Gulf Coast Skimmers Water Ski Show, Inc. is in receipt of a letter dated March 17, 2005
sent by Murdo Smith indicating that the BCC on March 8, 2005 voted on intent to terminate the
children's lease in 180 days. The letter sent by Murdo Smith did not define the cause for
termination. No documentation was included therefore the termination notice is incomplete nor
valid. Since the children of the Gulf Coast Skimmers have been scheduled as item 6. D the
corporation considers that any matter surrounding the termination of the children's water ski
program is moot until the wrongful termination and breach of contract of the children's lease can
be addressed at the 9/13/05 BCC meeting in a public forum, with proper public notice allowing
public comment which was denied at the March 8, 2005 BCC meeting.
Article 13. of the children's lease requires the corporation to notify the Lessor when in default.
The departments of concern are the Public Services Division under the direction of Marla
Ramsey and the Parks and Recreation Department during Marla Ramsey's tenure as Director.
For the purpose of this notice the use of her name will also represent her employees, agents, and
representatives in which she is directly responsible and accountable for willful misconduct and!
or negligence. Because of Marla Ramsey's actions and those which she supervises, Collier
County is in default for the following but not limited to:
...... v. ....... .......
A ,..... 0uIr..c11 ........
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Agenda Item No. 60
September 13, 2005
Page 9 of 22
I) Per Article 8. Marla Ramsey by her willful misconduct summarily locked the
children out of the demised premise thus causing the children loss of income. Marla
Ramsey provided no notice as required by Article 13. of such action of not allowing
the children access to the demised premise. Notice to the Gulf Coast Skimmers
Water Ski Show Inc., per Article 13. has not occurred. Because of Marla Ramsey's
actions Collier County is in default and damages are due to the children for lost ski
show income and revenues associated with the operation of the corporation from
February 6,2005 to present date.
2) Marla Ramsey has summarily terminated TruGreen Landscape Company for the
service of maintaining the demised premise. The landscape donated by the Sugden
family has deteriorated. The sand spurs make many areas of the demised premise
impassable and a safety hazard.
3) Per Article 16. Marla. Ramsey has failed to provide the sand to restore the skier's
beach landing area thus exposing sharp rocks, promoting weed growth. In addition
this condition has caused damages to water ski equipment and injury to the children's
feet.
4) Per Article 15. the Gulf Coast Skimmers can take their own additional security
measures in order to secure the demised premise. After repeated requests Marla
Ramsey has refused to repair electrical damage done by county subcontractor EB
Simmons thus not allowing the Gulf Coast Skimmers to illuminate the demise
premise in order to protect it assets. Theft and vandalism has occurred and financial
damages are due to the children.
5) Per Articlel. and Article 6. Marla. Ramsey has denied the children access to the
demised premise as required in the lease. Marla Ramsey has prevented the children
from using their own personal skis and will not allow access to the children to get into
their personal lockers. This caused children to miss state and regional competitions
thus creating damages per Article 8. due to Marla Ramsey's willful misconduct.
6) Per Article 4. Marla Ramsey has not allowed the children access to maintain
certain areas of the demised premise thus causing financial loss and damage to food
concession supplies. Per Article 8. damages are due to the children because of Marla
Ramsey's willful misconduct.
7) Per Article 3. Marla Ramsey has denied the children the opportunity to operate
their concession stand thus causing severe financial loss and per Article 8 is
financially responsible for her willful misconduct.
...... v. a..... fo.".,
A ..... GuIre.. .....,..
Agenda Item No. 60
September 13, 2005
Page 10 of 22
.. c...e 1III...n ..... I of 7
8) Per Article 1. Marla Ramsey has denied the children access to the lake for shows
and practices. Her actions has caused children to fall behind in the development of
skiing skills thus, causing some of the children to fall behind as candidates for water
ski scholarships to colleges and university across the United States. Financial Aid for
higher education is to be provided due to Marla Ramsey's willful misconduct.
9) Per Article 10. Marla Ramsey has not allowed the Skimmers to utilize the security
lighting that was approved by the Lessor. Vandalism and theft has occurred. Per
Article 8. Marla Ramsey's willful misconduct has caused the Gulf Coast Skimmers
financial loss and damages are due.
10) Per Article 10. Marla Ramsey has denied the Gulf Coast Skimmers and General
Contractor DeAngelis Diamond Construction Inc., to complete the construction of the
children's sound booth within the allotted permit requirements. Per Article 8. Marla
Ramsey's willful misconduct has created damages involving the Gulf Coast
Skimmers and General Contractor DeAngelis Diamond Construction Inc.
11) Per Article 12. Marla Ramsey has failed to provide adequate fire protection for
the demised premises and has refused to bring the south end of the Sugden Regional
Park into compliance with the East Naples Fire District.
12) Per Article 16. Marla. Ramsey has failed to provide signage for the children's
water ski show on US 41. Marla Ramsey's gross negligence has caused a loss of
revenue to the children and financial damages are due.
13) Per Article 16. Marla Ramsey has failed to prevent public motorized watercraft to
access the lake during the Skimmers hours of access to the demised premise. Marla
Ramsey's gross negligence has caused safety problems for the children.
14) Per Article 16. Marla Ramsey has repeatedly allowed fishing by the public to
take place in the demised premise thus causing injury to the children from fishing
hooks.
15) Per Article 16. Marla Ramsey has supported and covered up ground crew leader
and staff members Anne Marie and Jason's illegal actions of vandalism and disposal
of the sponsor signs, directional signs and water ski equipment. Marla Ramsey's
willful misconduct requires financial damages to be made to the children.
16) Per Article 1. Marla Ramsey has denied the Skimmers the opportunity to utilize
the entire 3 acres ofland provided in the lease thus restricting the Skimmers' building
campaign and expansion. Because of Marla Ramsey's willful misconduct financial
damages are due for lost donations.
J.... w. ....." .....
. 'HIlI 0uIreecII "....
Agenda Item No. 60
September 13, 2005
Page 11 of 22
.... Cout ...... p-. 4 of 7
17) Per Article 1. Marla Ramsey has denied the children access to the demised
premise. Marla Ramsey's willful misconduct has caused psychological damages to
the children.
18) Marla Ramsey has claimed there was "cause" for tenninating the children's lease.
Marla Ramsey has not provided "cause" to the Gulf Coast Skimmers Water Ski Show
Inc., as to why the children's lease is being terminated. Per Article 8. Marla
Ramsey's willful misconduct has caused financial hardship to the children of the Gulf
Coast Skimmers and financial damages are due.
19) Per Article 12. Marla Ramsey has caused Collier County to be in default for not
replacing the shade roof structure donated by the Sugden family damaged by the 2004
storm season. She has been in possession of $39,000 of insurance money since
October of 2004 and will not allow Risk Management to release the funds in order to
have Disney and Associates complete the project. Lack of the shade structure caused
the children loss of income due to not providing sun protection for the geriatric
community. Per Article 8. Marla Ramsey's willful misconduct to encumber funds
has caused loss of crowd attendance and damages are due.
20) Per Article 4. Marla Ramsey has continued to rent out the children's demised
premises to the public collecting rental fees for electrical usage and has never
reimbursed the Skimmers for the electric usage after repeated requests. In addition
Marla Ramsey has rented out the demised premises to the public charging the event
sponsors fees for Park Ranger services and never scheduled the Park Rangers
therefore leaving the burden to Skimmers officers to provide Park Ranger services
and janitorial service after the events. After several requests Marla Ramsey has
refused to refund monies due to the children and continues to rent the demised
premise for profit at the Skimmers' expense. Per Article 8. Marla Ramsey has created
financial hardship by her willful misconduct and financial damages are due.
21) Per Article 15. Marla Ramsey's gross negligence ofaUowing two intoxicated
drunk county lifeguards to bask and dance semi-naked on Gulf Coast Skimmer docks
in front of minor children. Marla Ramsey did not provide adequate security to
prevent the incident. Gulf Coast Skimmers officers and directors had to intervene by
seeking the Collier County Sheriff's department for help. Marla Ramsey has
appeared to have sanitized and expunged any report or record of the incident
occumng.
22) Per Article 6. Marla Ramsey has instructed Park Rangers not to yield to the
covenants provide in paragraph 1. thus forcing minor children to be placed outside the
...... w. ....., fouocIar
II ,..... O....HCh ..........
Agenda Item No. 60
September 13, 2005
Page 12 of 22
.... CoMt SId"..n ..... I of 7
gate while waiting for parents or guardians to pick them up. This caused minor
children to wait in the dark outside of the safety of a public park with a Park Ranger
providing a cover of safety. Marla Ramsey's willful misconduct has caused
psychological impact to the children and emotional anxiety for the parents.
23) Per Article 6. Marla Ramsey on several occasions has not provided duly
authorized agents, representatives, and employees to provide janitorial services on the
weekends to the demised premises or after special events held in the demised premise
scheduled by Marla Ramsey. Marla Ramsey has overlooked the fact that the minor
children of crew leader Anne Marie routinely perfonn janitorial services including the
operation of park maintenance vehicles and tractors.
24) Per Article 16. Marla Ramsey knowingly allowed over 20 public motorized
watercraft boats associated with the 2003 Southern Water Ski Show Tournament to
operate on Lake Avalon with no proof of insurance indemnifying the Collier County
Commissioners and/or the Gulf Coast Skimmers Water Ski Show Inc. In addition she
did not require any of the boat owners of these public motorized watercraft to provide
pollution coverage thus through her gross negligence exposing Collier County
Commissioners and the Gulf Coast Skimmers to financial liability .
25) Per Article 1. Marla Ramsey has denied film crews from the "Discovery Jones
Expeditions" TV show to film a 60 minute news documentary about the Gulf Coast
Skimmers Youth Outreach Program to be televised world wide. Per Article 8. Marla
Ramsey's willful misconduct has financially damaged the Skimmers and the TV
show "Discovery Jones Expeditions" for summarily shutting down the film shoot.
26) Per Article 1. Marla Ramsey has continually allowed sailboats, paddleboats and
canoes to operate in the Skimmers' half of the lake as defined by Article 1. and
exhibit A. found in the lease. Per Article 8. Marla Ramsey's gross negligence and
willful misconduct has caused near accidents and injuries. In addition the Skimmers
have been put in the position of having to educate public boaters as to the borders
since Park Rangers are not on site regularly nor have the resources to handle this
situation.
27) Marla Ramsey has refused to meet with President Holly M. Gursoy and Treasurer
Neida Johnson in regard to insurance issues. Per Article 9. Marla Ramsey has
exceeded the insurance requirements for "like events". Marla Ramsey refuses to
discuss amending the insurance per the covenants in the lease found in Article 9. ''to
reflect like events conducted within the United States of America".
J..... v. ...." ........r
. 'ICMIIh 0*... ,........
Agenda Item No. 60
September 13, 2005
Page 13 of 22
ChI. CMsI: ....an ..... 6 01 7
28) Due to Marla Ramsey's gross negligence and willful misconduct the children of
the Gulf Coast Skimmers have sustained legal fees which are substantial and have
caused financial hardship in which damages are due.
29) Per Article 9. Sherre in Risk Management has refused to meet with the Gulf Coast
Skimmers and the Skimmers' underwriter in order to provide Collier County updated
insurance information with regard to the Gulf Coast Skimmers Water Ski Show Inc.,
operation per the lease requirements.
30) Per Article 1. Marla Ramsey's willful misconduct of illegally locking the
demised premise has not allowed the Gulf Coast Skimmer to secure two of the
corporation's boats. One of the boats has been reported to have sunk causing
unknown damage until it can be assessed by a marina.
31) Per Article 1. Marla Ramsey's willful misconduct ofillega1ly locking the Gulf
Coast Skimmers out of the demised premises has not allowed the officers the right to
secure equipment, props, storage containers and other Skimmer infrastructure prior to
the various tropical stonns. Storm damage has occurred to Skimmer property yet the
corporation cannot access the demised premise to tally damage costs and make
repatrs.
32) Per Article 1., Article 13., and page 8 of the lease Marla Ramsey through her
willful misconduct summarily refuses to acknowledge the leadership of the Gulf
Coast Skimmers Water Ski Show Inc. As an agent of Collier County she is negligent
in not yielding to the Florida Statutes Chapter 617 concerning the recognition of
Florida Not-for-Profit Corporation officers and agents. Marla Ramsey's failure to not
acknowledge the officers as filed with the State of Florida is an action which has
created a liability to the Collier County Commissioners beyond her understanding of
the law and Marla Ramsey's ability to interpret the Florida State Statutes. In 1999 in
a rogue fashion Marla Ramsey tried not to recognize the officers of the corporation.
Tom Olliff and David Weigel had to guide her to follow the law. Enclosed you will
find exhibit B which is a legal opinion given by Tom Olliff and David Weigel.
Today Marla Ramsey is operating outside of the interpretations of past case history
used by Collier County. The BCC needs to immediately instruct Marla Ramsey to
acknowledge the current leadership of the Gulf Coast Skimmers Water Ski Show Inc.,
as filed with the State of Florida and not enlarge the breach of contract any further.
It is asked that the Collier County Commissioners address these items of default and take
immediate action to remedy the concerns expressed in this notice. It is also asked the BCC be
prepared to discuss the remedies and damages due to the children at the September 13, 2005
Commission meeting as part of agenda item 6.D. The items identified as defaults caused by Marla
Ramsey and/or her employees, representatives, agents gross negligence and/or willful
...... V........ .........
It ,... Oulrncll .........
Agenda Item No. 60
September 13, 2005
Page 14 of 22
.... c...a SIIf-..n ,... 7 of 7
misconduct can be backed up with evidence, witnesses, testimony and affidavits. In order to
maintain a reasonable amount of brevity in this notice of default, the Gulf Coast Skimmers
corporation is prepared to further verify the defaults if necessary.
Respectfully on behalf of the Board of Directors,
Hon?!~:!:1
HMG/jng
cc Office of the County Attorney
cc Parks and Recreation Department
...... v. ...... f..,I.r
. ..... GuIre" ........
Division of Corporations
rj,t"l';,.l,~ ,r )";":I.JI11,.;~" ..r~; ,f.l !' 1; .:l:i,""r /.((-....\;.~.,.~,.,..r;,n.l:
Page 1 of2
Agenda Item No. 60
September 13. 2005
Page 15 of 22
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Public Inquiry
Florida Non Profit
GULF COAST SKIMMERS WATER SKI SHOW, INC.
PRINCIPAL ADDRESS
4290 AVALON DRIVE - LAKE AVALON
SUGDEN REGIONAL PARK
EAST NAPLES FL 34112 US
Changed 03/02/2004
MAILING ADDRESS
4290 AVALON DRIVE
SUGDEN REGIONAL PARK
NAPLES FL 34112 US
Changed 04/21/2005
Document Number
N94000000872
FEI Number
650372444
Date FRed
02/21/1994
State
FL
Status
ACTIVE
Effective Date
NONE
Registered A~ent
I Name & Address I
I GURSOY, ROLLY M PRES I
133 PALMEITO DUNES CIRCLE
NAPLES FL 34113
I I N_e Changed: 0412112005 I
I Addrcu Changed: 0412112005 I
OfficerlDirector Detail
NAPLES FL 34104 US
II Tide I
D
18
Name & Address
GURSOY.HOLLYM
133 PALMETIO DUNES CIRCLE
NAPLES FL 34113 US
GURSOY, KEMAL A
280-2 W. NAOMI DRIVE
http://www.sunbiz.orglscripts/cordet.exe?a1=DETFIL&n 1 =N94000000872&n2=NAMFWD&n3=0000&n... 9/1/2005
Division of Corporations
Page 2 of2
If:?'''.:b ; +.A . "p.~S~ ~.( ~~~~ed~~~~~ 3~~'O~~
Page 16 of 22
GURSOY,10AN N
103S PETI1T COURT
MARCO ISLAND FL 3414S US
JOHNSON, NEIDA
IS10 LOGAN COURT
NAPLES FL 34116 US
D
D
Annual Re orts
Re rtYear
2004
200S
200S
I
II
1\
Filed Date
03!02/2004
01/2812005
04121/2005
,',~:.~r~~~.~.us Fil!.~~.~."
Retum to List
No Events
No Name History Information
Next Filing
Document Images
Listed below are the images available for this filing.
04/21/2005 -- ANNUAL REPORT
01/28/2005 -- ANN REPIUNIFORM BUS REP
03/0212004 - ANNUAL REPORT
04128/2003 -- ANNUAL REPORT
01129/2002 - ANNUAL REPORT
01116/2001 -- Annual Re.port
02/07/2000 ANN REPIUNIFORM BUS REP
04/29/1999 -- ANNUAL REPORT
07/0211998 - ANNUAL REPORT
05107/1997 - ANNUAL REPORT
04130/1997 - ANNUAL REPORT
0510 /1996 1996 REPOR
THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT
Corporations Inquiry
Corporations Help
http://www.sunbiz.orglscriptslcordet.exe?al =DETFIL&n 1 =N94000000872&n2=NAMFWD&n3=OOOO&n... 9/1/2005
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Agenda Item No. 6D
September 13, 2005
Page 17 of 22
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Agenda Item No. 60
September 13, 2005
Page 18 of 22
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Agenda Item No, 60
September 13, 2005
Page 19 of 22
Thank you and you sraff (oc all o( your as,i,r.ance Ie the Councy's' Pac" and R"te200n
Department. In pam lar, we appreciate youe substation's ~cnt help m ~ Ie maintain the
pqce, at .Sugden ~e8'~' Park during the ~n-soing issues P!!::red ro the Gulf Coa$t Skimmers
Ocgan'Z3aon. . .
[ Dunng Q RCerlt con~ aOon.}'Ou il1quin:d iibour Mr. Guaoy', auchocicy wirhin the k bound.ricJ,
' Theil$ue has bcm re' cd bJ d1&'! Couml"Artomey's OfGa: and (rom the II!CO s mar we have
--30 bem ,able -:o...;prhcr 'rE .ihe .~n:cuy. "'Of ~ :Snare's 'O(f,cc. :Mt.. Gu~oy ..~s ;tiJl. the~ffsc i:aI
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M<. ev..o,. .. <<<qp>iz os .... ~.... rho ~'"'JlOnSil>lt P"><7 ., rho '- . '.........
County ""' 4 .... (;oAr = SIrO_ IIecouoO- ef - -. JIi. Guaor ;,
RsponsiOIc foe Ihe Yicies chat <<cut. wi1bin cia&. fll ..,,~ ~~, . ~{
-5uoIoa. . PodO.~""'"-lbwu,' tl'tiif... ~
10 t:aKe SlepS includ' COntlCting tOUr off"x:e to maintain a ~. safc en . t. The
lioWi... .~ w; .... GSc whil. they ... ......,;.;.g belong to .... GSC ond .... County.
We hope that th~ helps to Avoid any CClIlfUsion unriJ the issues, \Wiich seem ro be
.'---:l head. Should you n d My addirionaJ infOGJ18tion R8'lcding chis or :any ochet
County &ovemment. pi c do rwc hesitate CO cali.
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LER COUNlY GOVERNMENT
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May 17. 1m
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11121 Tamiami Trail Sf
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Agenda Item No. 60
September 13, 2005
Page 20 of 22
March 8, 2005
-:.
lease, for
In the no
this lease, th~
. ~eJ:e.certafu el
their ~ are not
_... .......
- But all tlte
that notice of.
if they go and get
that eveiything's
lessot-Ilessee re
Correct,
MS. RAMS
01) to oCCUr at 180 days.
context of their general rights, whi h are ~ under
continue to. operate, and they may in ~ operate .
ems of the lease are not being - mremen1:s'on'
. ~ are not being met. .
all we're..~. aU tbe staff is.. . , rigkt now is.
. to tenT.inHte. But this does not however, that
eir insurance certificates and. of that nflture,
~Iy. It is an intent to e.. . this .
nship to be effective .180'days in . future.
?
.
. : 'That's correct..
COYLE: Commi~ioi1er Henning
NER. HENNlNG: The Gulf Skimmers
. .oritheBoaJ:dof~o .forre~andI J(
that's one option they can do to wolk
and . ,
COYLE: Yeah., ~ canal. ~ back to us. ~
rtant that the public ooderstand little about y
. on. You've ta1ked about insuran issues and
oJ
I think ifs .
we're taking this
safety ~~.
I think it's .
r police reports in
intimidation and
members oftbis
young people
would cancel .
They have
what they're su
We've had no ·
attitudes 'and co
going to make
. t that all of the board . read these
· packet. This is absolutely'o us. The
ical confrontations that are between
. on that are supposed to be orking with
setting examples is intolerable. An I, quite ftanIdy,
ntract in a heartbeat bec81Jse of alone.
yen themselves to-be an unfit 0 . on to do
sed to be doing there~ And I - fm ed up with it
but trouble over the years because fthese kinds of
.lion between the adultS tbe.ri1sef . about who's
isions and who's going to take own hip of the boats
Page 1St
case somebody - ybody wanted to interject their opinion, how they'd
be able to do it?
Did we have
just something
MS. RAMS
m~ tbat.l've_
y~y aftem
and a representati
my office for abo
We .
point in time that
meeting, so we aI
I then had a
evening about it,
and recreation,
So we've gi
ubIic bas heard
p
~ I
COMMISSI ,NER COLETIA:! ADd.,tbats wIleae I have a
I
, problem. I do . that we're justified in probably going ahead with
1he information s here, but lack oftbe. public ~ -- I look out
here, and I don't I see anybody in the audience from the Skimmers "*
or anyone conn to it, you know, plus or minus, aadtbathothels
~.. That's the 0 . e concans about.
- And I, myse I wonder if we shouldn't make this an agenda item
~. for the following ieeting, or is that something that's going to.~~ off
.~ ' Y~!!f_~hedule in me way or fonn?
-...- Maybe we d direct staff to do something that will preserve the
~; integrity of th~ ~ as fur ;;)S insuran~g<>. or something in the
meantime so we .. ght be able to hold this off until a following
meeting. !
MS. RAMS I r : Well, there are some other options. I mean, if
I I
'II
Agenda Item No. 60
-..' September 13, 2005
March ~9!O~ 22
me sort of formal notice that went out, or is this
came on our agenda and that's it?
: ~ no~~ 1hat we have given was through the
ld .~ !!te. Gulf Coast Skimrners~~mselves. ADd
was one of those where I had three boatd'ii1embers
of the membership of the Gulf Coast Skimmers in
atwo-hourmeeting.
a number of these issues, and we told them at that
e were looking to bring this forward at this board
them there.
nversation wi1h one of the board members in the
did Murdo Smith, who's interim director for parks
with the president of the association.
notice to the Gulf Coast Skimmers. Wltetblrthe *
or it's if i!lZtM1ilHl tIiis
Page 149
!! I
'1*&hiaiT(7 ~
r
Agenda Item No. 60
September 13, 2005
March 8':~Sf 22
and what they're jng to do with them and who's going to run the
shows. There's n ~lace for that sort of conduct in this community, and
particularly when hildren are involved4
So for me it fur beyond the issue of liability and insurance.
This is not a fit 0 . on to be doing what they're doing, and we
ought to get them of the business as quickly as we request. But
anyway. I
CO:MMISSI! R HENNING: I make a motion to approve.
C I COYLE: You're going to make a motion to approve
the stafl:'s reco dation to give notice of termination?
And is there second?--=--'~-~~"" .~ ."
CO:MMISSI NER HALAS: fn second it.
C COYLE: Okay. A second by Commissioner Halas.
Any further I ussion?
Commissio : Coletta?
CO:MMISSI i NER COLETIA: No, just comments. rm not
.. ~1hatyou'Ie ng. You'Ietotallyright. .Y9'!-obvio~~ .lJ(,
Jfc the time..!Cl ~.~t to read the ~tbat was b&dedto us
!1l~ etimetoIead~lprobablywou1d vefelt
differently at the beginning. I think it's the appropriate action to
take.
C . COYLE: Okay. Thank you very much.
All in favor, . lease signify by saying aye.
CO:MMISS I NER HALAS: Aye.
CO:MMISS I NERCOLETfA: Aye.
C , COYLE: Aye.
COMMISS . iNER HENNING: Aye.
C COYLE: Any opposed?
(No respo .)
C COYLE: Okay. I think it was unanimous.
Thank you much.
Page 152
Agenda Item No. 7 A
September 13, 2005
Page 1 of 74
EXECUTIVE SUMMARY
ADA-2005-AR-7658, Joseph C. Fuller, P.A., representing John and Teri Purvis and other
affected property owners requesting an appeal to Official Interpretation INTP-2005-AR-
7442 related to an internal official interpretation regarding the definition and operative
provisions of certain LDC terms pertaining to "Boat Canopies."
OBJECTIVE:
The objective ofthis appeal by the appellants is to seek a reversal of the interpretation issued by
the Director of the Department of Zoning and Land Development Review (previously known as
Planning Services Director), by the Collier County Board of Zoning Appeals (BZA). The
appeal is related to the issuance of an internal official interpretation requested by Michelle
Arnold, the Director of the Collier County Code Enforcement Department.
The objective of the Board of County Commissioners, sitting as the BZA, is to review the
current Director's interpretation of the existing facts and law and to determine if any part of the
Director's interpretation was inconsistent with the existing Land Development Code regulations
and the Growth Management Plan (See LDC Sec. 10.02.02. F.). The appeal process is focused
specifically on the questions raised by the applicant (Michelle Arnold) and the decisions
rendered by the Director. Specifically, as to this appeal, the issues are whether the interpretation,
as rendered by the Director, regarding the definition of a structure as it relates to a canopy
attached to a dock erected over a boat and boatlift/dock facility, as depicted in a provided
photograph, is consistent with the Land Development Code (as there are no provisions of the
Growth Management Plan (GMP) which appear to be pertinent, "inconsistency" with the GMP
is not a part of this appeal), and then if so, whether the Director correctly opined on how such
structures are to be properly authorized as a permissible use, or not, by the Land Development
Code.
Should the BZA determine that the official interpretation is not supported by substantial
competent evidence or that the interpretation is contrary to the Land Development Code, the
Board may modify or reject the Director's interpretation. Should the Board find none of the
above, the Board shall accept the Director's interpretation. If the Board, in reliance on its
findings based on substantial competent evidence, rules to not accept the interpretation as
rendered, such a ruling may significantly affect previous administrative decisions regarding the
application of the code on other boathouses within the County and similarly regulated projects
throughout the County.
.-
Agenda Item No. 7 A
September 13, 2005
Page 2 of 74
CONSIDERATIONS:
On April 8, 2005, an official interpretation, INTP-2005-AR-7442, was rendered to Michelle
Arnold, Director of the Collier County Code Enforcement Department. The interpretation
followed an application made by Michelle Arnold to have the Zoning Director issue a formal
opinion concerning the definition of a structure as it relates to a photograph of a canopy
attached to a dock erected over a boat and boatlift/dock facility and furthermore asked how are
such structures authorized as a permissible use, or not, by the Land Development Code (LDC)
(see exhibit A).
The Zoning Director's opinion determined that the canopy fixture depicted in the photograph
meets the elements of the defined term of "structure" and was further defined by the LDC as a
boathouse. The Zoning Director further opined that in order to lawfully be able to obtain a
building permit to construct a boathouse, LDC section 5.03.06. requires that boathouses,
including any roofed structure built on a dock such as a boat canopy, must first be reviewed and
approved by the Planning Commission under the proper "use" procedures and applicable
criteria described therein.
The Director's opinion also notes that sub-section F. of the specific LDC provisions governing
boathouses set forth development standards as additional criteria that apply solely to
boathouses. These additional criteria specifically include setback requirements, regulations
regarding the structure's location, a maximum length of protrusion into the waterway, a
maximum height limitation, the maximum number of boathouses per site, and aesthetic
regulations. The aesthetic regulations include the requirement that all boathouses and covered
structures on docks shall be completely open on all four sides and that the roofing material and
roof color shall be the same as materials and colors used in the principal structure, unless the
structure is a palm frond "chickee" (see exhibits B,C, and D).
-"
To summarize the proper "use" approval process, in order for the Planning Commission to
approve the request for a boathouse which was in the Director's opinion, depicted in the
attached photograph, a Boathouse petition application and the facts presented therein must meet
the procedural and development requirements for approval as outlined in the aforementioned
sections and subsections of the LDC. Once a boathouse application has been submitted to the
County for review and has been approved by the Planning Commission, the applicant may only
then apply to the County for a building permit. Stated another way, in order for the building
permit application to be reviewed and issued by the County in order to permit construction of a
boathouse, the Planning Commission must have first approved the boathouse petition request as
noted above and the structure shown as part of the building permit application must reflect the
proper development regulations as outlined in the Land Development Code and approved by
the Planning Commission. As to the subject photograph submitted with the interpretation
request, the roofing material (canvas/plastic), as shown in the photograph, did not appear to
meet the development standards required by the LDC, because the roofing material on the
principal structure is made of a distinctly different material, appearing to be grayish colored
asphalt/shingles. Specifically, the LDC requires the roofing material of a boathouse to be the
same color and materials as that which is used on the principal structure, thus, even if applied
for, a structure with this roof type could not be approved as a permissible "use" by the Planning
2
Agenda Item NO.7 A
September 13, 2005
Page 3 of 74
Commission, because it appears to conflict with the expressly stated LDC performance
standard requirement.
Basis of Appeal
The appeal first claims that the Zoning Director has incorrectly relied on a "new" definition of
"boathouse," which first became effective on October 18, 2004, and that "new" definition does
not address what the definition of a boathouse may have been under the Land Development
Code when the canopy depicted in the photograph was first installed or erected.
Further, the appellants submit that without the factual history pertaining to the canopy depicted
in the photograph, the interpretation was rendered without any competent substantial evidence
to support it. The appellants assert that the interpretation is not supported by the Land
Development Code in that they claim that a more accurate definition of a boat canopy as a type
of structure is actually contained in the LDC provision entitled "Canopy and Shades," Section
5.03.01 (A)(6) which applies to the permitting of canopies for the storage of vehicles (see
attached exhibit D-l). The appellants further assert that Collier County has not previously
attempted to clearly define and regulate boat canopies, and as a result, has not defined any
legitimate public purpose for a total ban or prohibition on boat canopies or covers.
In response to the appellants' first claims that their boat canopies or covers were all installed
and erected prior to the issuance and publication of the Zoning Director's interpretation and the
appellant's boat canopies were all installed prior to the adoption of the "new" provisions and
definitions contained in the LDC, which did not become effective until October 18, 2004, staff
initially simply notes that appellants' arguments erroneously refer to the development standards
governing boathouses as "new provisions" and continuously and erroneously refer to an
effective date of these development standards as being October 18, 2004. In fact, prior to June
4, 1997, any boathouse proposed on any residentially zoned properties (as defined by that code)
could only be approved as a conditional use which was required to be approved by the Board of
County Commissioners pursuant to the procedures set forth in the then numbered Section
2.7.4., of the first codified LDC (i.e., the conditional use approval process) and other
development criteria for approval in effect at that time.
Thereafter, on June 4, 1997, the Board of County Commissioners approved Ordinance No. 97-
26, which removed the requirement for Conditional Use approval for boathouses and replaced
that with the current approval process. That process was described in (former) section 2.6.21.
of the LDC, specifically (former) section 2.6.21.3 Dock Facility Exten,~ion; Boathouse
Establishment Criteria. (see attached exhibit E). Similar to the previous provisions governing
the Conditional Use approval of boathouses, the 1997 amendments to the LDC set forth a
defined process but also added a specific set of development criteria governing the approval of
a boathouse as a "use." Specifically, all boathouses, regardless of the extent of the protrusion
into the waterway or the width of the waterway, shall require public notice and a hearing by
the Collier County Planning Commission
,,""-"
To summarize, the 1997 LDC amendment resulted in the Planning Commission having final
approval authority over a Boathouse as a permissible "use," rather than the Board of County
3
Agenda Item No. 7 A
September 13, 2005
Page 4 of 74
,,,....-~.
Commissioners, by removing the Conditional Use process requirement and established
enhanced requirements for review and approval of boathouses. The ordinance set forth and
summarized the required development standards for boathouses, including additional
development criteria regarding roofing material, as follows:
2.6.21.4.5. RoofinJ! material and roof color shall be the same as materials and colors used on
the principal structure or mav be of a palm frond "chickee' stvle.
The 1997 amendment changed the process from one of review of a conditional use petition
with ultimate approval by the Board of County Commissioners, to one of review of a
Boathouse petition coupled with specific development standards (including roof type and
color) ,with final approval of a Boathouse petition by the Collier County Planning Commission.
The 1997 amendment also clarified the definitions of "Boathouse, private" and "Dock facility."
(see attached exhibit F)
-
Factually, the appellant's assert that their boat canopies were all installed and erected prior to
the issuance and publication of the interpretation and prior to the adoption of the "new"
provisions and definitions contained in the LDC, which they claim did not become effective
until October 18, 2004. Appellants ignore what was expressly stated in the simple re-
codification of the Land Development Code by Ordinance No. 04-41, which was effective
October 18, 2004, in Section four thereof, that the re-codification did not act as the legal
creation of "new" regulations or definitions. Rather, the prior existing regulations were
intended to remain in effect as originally codified.
Although appellant's factual assertions of when their boat canopies were erected has some
weight, it can't be exactly determined when the appellants' boathouses were erected because
they did not receive the required approval to do so (regardless of whether it was a CCPC- or
BCC-required approval depending on the time the canopy was erected relative to the then
effective regulation). Thus, there is no County record evidence they did so, nor did they obtain
the also required building permit for this type of structure. County records indicate a building
permit was applied for the appellants' boat dock and lift only in February, 1998, which was
after the 1997 amendment to the Land Development Code referenced above. Therefore, the
appellants' argument that the interpretation is not supported by competent substantial evidence
is itself not supported by the County's records, as there appears to be just such evidence of
when the underlying dock and lift structure were permitted, but nothing supporting a similar
request or approval as to a boathouse "use" or corresponding building permit for their boat
canopy, which must have been erected then or thereafter and not before.
,..--
The appellants next contend that the interpretation is not supported by the Land Development
Code, claiming that the use of the terms "structure" and "building" is vague and overly broad
and could include the inclusion of structures such as docks and boatlifts to be included within
the same definition. The appellants here simply fail to realize that the Land Development
Code clearly identifies the differences between boathouses and docks by the simple inclusion
of a distinct definition for docks and that, furthermore, the regulations clearly differentiate
between required approval processes and development standards associated with a boat dock
versus a boathouse. A fair reading of the LDC itself reflects that the County acted intentionally
4
Agenda Item NO.7 A
September 13, 2005
Page 5 of 74
and purposefully in creating clear distinctions between boathouses and docks and the
regulations attached thereto when it adopted its Land Development Code.
The appellants also claim the "new" definition of "boathouse" is vague and overly broad as a
result of utilizing the words "any building or structure" to describe a boat house and then reach
a somewhat self-serving conclusion that the reason for the interpretation is not to correctly and
un-biasedly find the most definitive answer for "boat canopies," but its purpose is to find a
means to ban them all together. The appellants' claim is outside the scope of the interpretation
specifically because the appellant sidesteps the Director's analysis of the photograph as it
relates to the definition of a structure as follows: "Anything constructed or erected which
requires a fixed location on the ground, or in the ground, or attached to something having a
fixed location on or in the ground, including buildings, towers, smokestacks, utility poles, and
overhead transmission lines. . . ." The Director's opinion clearly states that the boat dock
structure and attached canopy fixture require a fixed location on or in the ground in order to
provide permanent and fixed storage and support to the boat moored thereto. The canopy or
roofed portion of the structure is attached to and supported by the dock facility.
The appellants next claim the interpretation is attempting to stretch the current restrictions
pertaining to boathouses to an area where Collier County has not previously attempted to
clearly define and regulate boat canopies, and as a result, the County has not defined any
legitimate public purpose for a total ban or prohibition on boat canopies or covers.
Again, this claim is outside the scope of questions asked and response provided to the requested
interpretation. The Land Development Code clearly defines the elements of a boathouse and
regulations applicable to their "use" approval and establishment, including identifying specific
development standards of permissible style and roofing materials. Whether the specific effect
of these regulations would be to preclude appellants or others from obtaining the County
required approvals and permits or not is speculative at best, as no such applications or
approvals are of record either before or after the Interpretation was rendered. Numerous boat
canopies are found throughout the unincorporated County, thus this assertion is without any
basis in fact, and there is no such prohibitive County regulation as a matter of law. Lastly,
absent an express intent to ban or prohibit all boat canopies, there would, of course, be no such
statement of a public purpose, and appellants' claim in this regard is self-fulfilling and without
merit.
The appellants broadly claim the LDC is devoid of any standards, guidelines or qualifications
specifically referring to the installation of boat canopies or covers and that the LDC does not
provide landowner with notice that boat canopies are prohibited in any manner whatsoever.
In response to these claims, the LDC definition of a boathouse or structure is not dependent on
the type of roofing materials that mayor may not be permissible by the Land Development
Code or for that matter the Florida Building Code. The LDC clearly defines development
standards for boathouse structures, including a specific requirement for permissible roof
material types and colors. Although the appellants boat canopies may not be approvable under
the provisions that are part of the subject interpretation, there is no factual evidence that they
5
Agenda Item NO.7 A
September 13, 2005
Page 6 of 74
have sought or been denied any such approvals, thus, their claims would not appear to be
within the proper scope of an intetpretation or an appeal there from.
In summary, in response to the two questions asked in the request for official intetpretation, the
Zoning Director opined that the canopy fixture depicted in the photograph meets the elements
of the defined term of "structure" and was further defined and regulated by the LDC as a
boathouse. The Zoning Director further opined that in order to lawfully be able to obtain a
building permit to construct a boathouse, LDC Section 5.03.06. requires that boathouses,
including any roofed structure built on a dock such as the depicted "boat canopy," must first be
reviewed and approved by the Planning Commission under the procedures and applicable
criteria described therein.
Prior similar Board Actions:
On September 9, 2003, petitioners Robert Davy and Mark Allen brought a land use petition
before the Board of County Commissioners requesting a IS-foot variance from the required
boathouse side yard setbacks of IS feet to 0 feet and a 30-foot variance from the 20-foot
maximum protrusion for a boathouse on non-conforming lots.
This request was accompanied with a request for a variance in order for the applicant to have
the ability to have a boathouse without a principal structure and a variance from the code
requirement that the roof match the roof on the principal structure. The Land Development
Code at that time, as it does now, requires that in order to construct a boathouse or dock, a
principal structure (residence) must be constructed before or simultaneously with a boathouse
or dock. Furthermore, the code at that time, as it does now, requires that the roof material of
the boathouse must match the roof material and the color of the roof of the principal structure,
or be of the palm frond chickee style. The applicants had an existing boathouse with a plastic
canopy roof. The Board of County Commissioners denied the variance request by a vote of 4- I.
The Board of County Commissioners denied the request citing among several reasons an
expansion of rights beyond what the code presently allows for conforming lots through the
granting of variances to development standards on non-conforming lots, including the roofing
material ofboathouses. (see attached minutes - exhibit G)
Additionally, the Board of County Commissioners held a workshop on March 16, 2004, the
topic of which was to discuss the possibility of prohibiting boathouses. This workshop was
initiated in response to concerns raised by property owners in the VanderbiIt area. Their
concerns related to boathouses and their impact on view, impact on property values caused by
perceived degradation of view and aesthetics. Concerns were raised by public speakers about
existing code violations in neighborhoods (illegal canvas boathouse roofs). Others spoke on
the impact of the boathouse structure on their view. Michelle Arnold, Code Enforcement
Director, gave an update on the illegal canvas boathouse covers and pending code enforcement
action. No specific direction was given to staff regarding any potential changes to the Land
Development Code to either ban boathouses or to change any existing development regulations.
.-
6
Agenda Item NO.7 A
September 13, 2005
Page 7 of 74
FISCAL IMPACT: None
LEGAL CONSIDERATIONS:
Pursuant to Section 10.02.02.(5) of the LDC, the Board of Zoning Appeals (BZA) shall hold an
advertised public hearing on the appeal and shall consider the interpretation of the Zoning
Director, and public testimony in light of the Growth Management Plan, the Future Land Use
Map and the Land Development Code. The BZA shall adopt the Director's official
interpretation, with or without modifications or conditions, or reject the interpretation.
The BZA shall not be authorized to modify or reject the Director's interpretation unless the
Board finds that the determination is not supported by substantial competent evidence or that
the interpretation is contrary to the Growth Management Plan, the Future Land Use Map, or the
Land Development Code.
GROWTH MANAGEMENT PLAN IMPACT:
It is staff's opinion that the official interpretation, as rendered by the Director, is not applicable
to and therefore is not inconsistent with, the Growth Management Plan.
RECOMMENDATION: That the official interpretation, INTP-2005-AR-7442, by the
Director of the Department of Zoning and Land Development Review concerning the definition
of a structure as it relates to a photograph of a canopy attached to a dock over a boat and
boatlift/dock facility and how such structures are authorized as a permissible use or not by the
Land Development Code, be found by motion, second and super-majority vote, consistent with
the LDC as rendered, and thereby, be upheld by the BZA.
Prepared by: Susan Murray
-
7
Item Number:
Item Summary:
Meeting Date:
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
7A
ADA.2005-AR-7658, Joseph C Fuller, P A..lepre:-;enlirlfl John and Teri PurVIS and other
affected property oWl1er~ r",qtle~tll1g an tlppeal to OthCICl! Interpretation INTp.2005-AR-7442
related to an mternal officiallfltctpletation regarding the definitton and operative provi$iotls of
cl'!rlaltl LDC terms rertaimng 10 "Boat Crlllopies
9112./20059:00:00 AM
Date
PrCIUU"t:d B~'
Susan Murmy. totep
Community De\l~lopnwJnt &
Environmental ServiceS
Zoning & Land Development Director
Zoning 8. Land Oeveloprm,nt Review
8122.'20059:59:13 AM
D<lte
Apprll\'cd B)'
Susan MUfr<lY, A1CP
Community Development &
EnVlronmenlal Services
Zomng & Land Development Director
ZOl1in~ & Land Development Review
8122/20059:59 AM
Date
Apprfl"\"cd B):
Sandra Lea E)[8cutJVe Secretary
8/2212005 3:31 PM
A PJu'll\'cd BJ
Community Development & Community Development &
Environmental S&rvices Environmental Ser\,'i~:cfi Admin
Constance A. Johnson Operations Analyst
Date
APllto"'cd B~'
Community Development & Community Developrllent &
Environmental Services Environmental Servicos Admin
8.'23i2005 5:50 AM
Joseph K. Schmitt
Community Development &
Environment",1 Services
Community Development &
Environmental Services Adminstrator
Date
Community [}e"~~lopment &
[nvjronrnental SerYICCS Admin
6f25i2005 Ui4 PM
o.ate
Approvcd By
Patrick G. White
County Attorney
Assistant County Attomey
County Attorooy OffIce
8129120053:59 PM
Date
Apllro,'cd B~'
OMS Coordinator
Coul1T.y Milna8er'~ Office
Admlnistr;\tivf;' ARsislant
Office of Mal1ayerm~nt & Budget
8/30i2005 1{J;51 AM
M.ark Isa(;ksof1
DaW
Allllro\'cd 8~'
Counl.y Managcl"s Office
Bm:l~Jet An:JlYllt
OffiGC of Mllnt~gement & Budget
8/30.'2005 l' 52 PM
APllnwcd B)'
MI(;h<1l,~1 Smyijowskl
County Man<l90f'S Offtce
Management 8. Budget Director
Date
Office of Mallll{/emlmt & Budget
8/31/200510:32 AM
Dale
Approvcd By
James V. Mudd
Bo.lrd of County
COlnmlSsiol1erS
County Mani'lger
County Manager's Office
{l/31f2005 12:51 PM
Agenda Item No. 7 A
September 13, 2005
Page 9 of 74
Memorandum
TO:
Susan Murray, AICP, Director
Zoning and Land Development Review Department
FROM:
Michelle Edwards Arnold, Director
Code Enforcement Department
DATE:
SUBJECT:
Joseph K. Schmitt, CD&ES Division Administrator
Jennifer A. Belpedio, Assistant County Attorney
Patrick G. White, Assistant County Attorney
December 3, 2004
CC:
Request for internal interpretation - Boat Canopy
The Code Enforcement Department is investigating the existence of canopy fixtures erected over boat
docks and boatlifts within unincorporated Collier County. The Building Official has confirmed that these
fixtures are "structures" under his interpretation of the Florida Building Code, but I ask that you confirm
this opinion with your interpretation of the definition of that tenn under the Land Development Code
(LDC) (See LDC Section 1.08.02).
Assuming that these fixtures are in fact structures, our Department needs to determine how such
structures may be authorized as a permissible use, or not, under the LDC.
I have attached a photograph depicting a typical structure for your review. Please advise as to your
interpretation of how the LDC applies to these structures as a "use."
Should you need any further clarification of this request, or need any additional information before you
are able to render your interpretation, please advise. Your prompt attention to this request is greatly
appreciated so that we may timely conclude our investigations.
CDPR0002 - Image Print
Agenda Item NO.7 A
September 13, 2005
Page10of74
CD-Plus Report - Code Case Image
}DE CASE NUMBER IMAGE DESCRIPTION
.::004041445
IMAGE DATE
12/3/2004
Collier County
CD-Plus for Windows 95/9B/NT
Printed on 8/24/2005 6:45:56 PM
Page 1
Agenda Item No.7 A
September 13, 2005
Page 11 of 74
BOATHOUSE MEETING CURRENT CODE: ROOF MATCHES ROOF OF HOUSE
(VANDERBILT BEACH AREA)
Agenda Item No. 7 A
September 13, 2005
Page 12of74
,..)&..
...-.,....
,-~,
ILLEGAL CANVAS ROOF BOATHOUSE; NO BUILDING PERMIT, NO
PLANNING APPROV AL (V ANDERBIL T)
Agenda Item No. 7A
September 13, 2005
Page 13 of 74
BOATHOUSE MEETING CURRENT CODE: ROOF MATCHES ROOF OF HOUSE
(V ANDERBIL T BEACH AREA)
CHAPTER 5
SUPPLEMENTAL STANDARDS
5.01.00 Generally
5.02.00 Home Occupations
5.02.01 Applicability
5.02.02 Allowable Home Occupation Uses
5.02.03 Standards
5.03.00 Accessory Uses and Structures
5.03.01 Canopy Tents and Shades
5.03.02 Fences and Walls
5.03.03 Guesthouses
5.03.04 Dumpsters
5.03.05 Caretaker Residences
5.03.06 Dock Facilities
5.04.00 Temporary Uses and Structures
5.04.01 Generally (To Be Provided)
5.04.02 Interim Agricultural Uses
5.04.03 Temporary Uses during Construction
5.04.04 Model Homes and Model Sales Centers
5.04.05 Temporary Events
5.04.06 Annual Beach Events Permit
5.05.00 Supplemental Standards for Specific Uses
5.05.01 Businesses Serving Alcoholic Beverages
5.05.02 Marinas
5.05.03 Farm Labor Housing
5.05.04 Group Housing
5.05.05 Automobile Service Stations
5.05.06 Private Airports
5.05.07 Townhouse Development
5.05.08 Architectural Standards for Commercial Buildings and Projects
5.05.09 Communications Towers
5.05.10 Travel Trailer and Recreational Vehicle Park Design Standards
5.05.11 Carwashes Abutting Residential Zoning Districts
5.06.00 Signs
5.06.01 Generally
5.06.02 Signs Exempt from These Regulations
5.06.03 Prohibited Signs
5.06.04 Permitted Signs
5.06.05 Development Standards for Signs
5.06.06 Sign Standards for Specific Situations
5.01.00
GENERALL Y[Reserved]
Agenda Item NO.7 A
September 13, 2005
Page 14 of 74
Agenda Item NO.7 A
September 13, 2005
Page 15 of 74
ACCESSORY USES AND STRUCTURES
5.03.01 Canopy Tents and Shades
A. Canopy tents and shades shall be permitted in all areas zoned for residential and
estates use, subject to the following standards.
1. The canopy tent shall meet the side and rear setbacks for the applicable zoning district.
2. These structures are expressly prohibited on the street side of the front wall of any
structure or building.
3. A building permit shall be obtained for these structures and shall be accompanied by a
plot plan.
4. Only one (1) structure shall be permitted per residential lot.
5. A principal structure shall be in place on the lot prior to permitting a canopy tent.
6. These structures shall consist of metal pole supports with canopy tops and no sides.
7. The maximum size of these structures shall be 300 square feet
8. The canopy structure shall not exceed fifteen (15) feet in height.
9. The use of these structures shall be for the storage or parking of recreational vehicles,
vehicles authorized in residential areas, or as a sun shade for outdoor recreating. At no
time shall these structures be used for any other type of storage.
10. The canopy tent shall not be permitted with electrical or other utility connections.
Exhibit D-I
2.6.11.2.2.
2.6.11.2.3.
2.6.11.2.4.
2.6.11.2.5.
2.6.11.3.
Sec. 2.6.11.
2.6.21.1.
ORD. Nc. q9.-4b
Ju. Y\ E.) \ Io} \ 3"'3
Agenda Item No. 7 A
September 13, 2005
Page 16of74
F.MeS ef walll ,1MlIi ';JHhiR the ..... ... ytIId If '.vate.'8Ilt lete 8M
.... er.. in lilll BhaIl...I.... te few feI& ill...... For oon-watmftont
interior lots one acre or less in area. fences or wall. ~ reach a maximum
height of 6 feet for side and rear yards. but are limited to 4 feet within the
reQJlired front vard.
Rartt_ wil'l. r&i!8r wife, spiN .1 ... 8hjl", er IINtfi..ly eIIiIPs-
reMI. shell "I p1'8lHite41 IKI. diet tile h8ard 8f II8IIiB& BpJI" may allew
the lI8II sf...,.1I ..vift ift e8tljW8e88R vlitll _Blink -iRs: vAt... it IiBde a
se8Yl'M}' er I..___...a Mi_ M188 as a 'oIQlitiy MM', ......... 1IeII&MIBl ,laBt,
er .imilar '011'. For waterfront lots one acre or less in area. heipt limits are
as for non-waterfront lots. but with the additional restriction that fences or
walls within the reauired rear yard are limited to 4 feet.
For comer lots one acre or less in area. which by definition have onIv front
vards and side vards. anv portion of a front vard fence within the safe siaht
trian~e described in section 3.2.8.3.22 of this code is restricted to 3 feet in
heieht. (Two sides of this triqle extend 30 feet alq the orooertv lines
from the point where the ri~t-of-wav lines meet. and the third side is a lin,e
connectin~ the other two.)
Barbed wire. razor wire. spire tips. shaq) o~. or elec:trically charJed
fences shall be prohibited. exCC!)t that the board of zonin, umeals IJlllV allow
the use of barbed wire in coni unction with chainlink fencinv for facilities
where a securi~ hazard ~y ~ist. such 811 a utility substation. sewage
treatment plant. or similar use!
Agricultural districts. For the purposes oflhi, section. agricultural districts
shall include: A agricultural; E estates; and CON c:ooservation districts.
Fences and walls within agricultural districts shall be exempt from height and
type of construction req\lirem~PtllX8ept that lll'ieWtwally il8RN prellEy
1891 than ii.... 88I'M iR siR an8 le81leli '.vithiB 1II4!I1R _pltfll IIftI8 eR the
futuN 1lHl41H11Mp 8filte Bf8.'~ IBIRaglllMllt ,Ian ehall h. Mjeet te the
lllUBI (eneiRS p1'8\'isi8f1S as fer _1I_aI lIiIIfi....
Dock facUlti.
"*
Individual or multiple private docks. including mooring pilings, davits, lifts
and the like are pennitted to serve the residents of a development on canal or
waterway lots, provided they do not protrude more than the respective
distances specified in sections 2.6.21.2, and 2.6.21.3, for such canal or
waterway. Docks and the like are primarily intended to adequately secure
moored vessels and provide safe access by users for routine maintenance and
use while minimally impacting the navigability of the waterway, the native
marine habitat, manatees, and the use and view of the waterway by
sUITOunding property owners. Permitted dock facility protrusions 811 well 811
extension of dock facilities are measured from the property line, bulkhead
line, shoreline, seawall, rip-rap line, or Mean High Waw line. whichever is
more restrictive, On unbridged barricr islands, a boat dock shall be
considered a pennitted principal use; however, a dock shall not, in any way,
constitute a use or structure which permits, requires, 1Dd/0r provides for any
acccssoty uses and/or structlU'es. Boathouses and dock facilities proposed on
residentially zoned properties as defined in section 2.1.4 of this Code, shall
be considered an accessory use or struc::twc. Boathouses shall be required to
be approved through the procedure and criteria in section 2.6.21.3 and
2.6.21.4. In addition. anv covered structure erec:ttJd on a orivate boat dock
shall also be considered ID ""CC8sorv use. and shan also be realdred to b9
aDDrOved throUjh the procedures and criteria of section 2.6.2].3 and 2.6.21.4.
of this code. R-,...UI. ef thl II. 8f pre....ielt; "81&ke'olll. )11'8'._ 8R
l'IIlilleMielly I18Red )ll'8pell'tie. as lIeliME! in .eedeR ~.I.] ~ 8f Otis "dl, shall
Words lIlNlIk lhrellsh Ire deleted, words underllnecj are added.
61
Agenda Item No.7 A
September 13, 2005
Page 17 of 74
N leu_II B eeMiti8Ml1lfll and aW lie ..,,...,. 8y 1M lie_ sf .lMIBly
eeR1IBitIeieMIB pWWMt te \Be prneNee IIIIl f8" ia eeeUlft 1.M M. shall
N reviewed "8111111 88 \Be appli_"le 8IMria ..(1118... tBeIeiR, 88 '/fllI 881M
applieHl. 8fiteFia fewtd ia Bllti8M 2.6.21.1.1 .tIIk 2.6.2.1.19 8f daB
eelle.
See. 2.6.18. Automobile Service StatioDl.
SipallC: As rcauired bv Division 2.5. So.pure _ 1M reue'Mag
Ngulati8115:
a: ABeIAt lighliAg aBCl Ilaek lightiBg is pNhi"H" 9B IMSpy
&tnietwes.
... Pele M8ftII are prehillited. A MAgie gJ"B_d sip shall 11.
permitted per SKe, 81t ts "111111 sHtty ('~ 811..... r.. ia 8I"8ll.
OM_d Ii.. ehell lie IiIBitell te . IIIIIIIIIimlIBt sf.iPt (8) feet
iB heipt lIII IIlIIllnftll hill the 1eweet 8I81..iM pede If the
al8NBt JMl8li. Ir pfivele R.Q.W. er .._Ill er \Be padiiBg
let, \vhiehever is higher, Ie the 1iJlJlllftftlBt peltilR If the sip
stf'ltehlN. 1M MgR shall he p_elI withiB I 290 IIfIU8I'I feet
IBlUlllll&Jl86 area.
eo Ulum_ell liBfJ88e, Isge&, w.'nsiBg and iRfol'lllMi18 8N .
pf8hilliled eeve J8ll ]III1RJl11.
.. The BYRlIl.r ef 88 premiees ilireetieneI Mps shall 11. li.Hell
te t'.ve (2) siRgll plr 18lIy1eKit.
.. Sigeege ideRtifyiag . i.wter aBCl VlIllUWB apperetYII ehell he
liIBiteQ te 8 t8telsffew (i) 8If'I8I'8 feet in.....
See. 1,6.33. Temponry DIe permits.
2.6.33.3.
Temporary construction and development permits. During the construction of
any devclopment for which at least a preliminary development order has been
granted. as required below, the developer may request a temporary use permit
for the below-listed activities. The temporary use pcnnit shall be granted
initially for a period DOt to exceed 24 months in length and may be renewed
annually based upon demonstration of need. A n:qucst for renewal sball be
submitted to the site development review director in writing 30 days prior to
the expiration of the temporary use permit. Temporary construction and
development pennits shall be allowed for the following uses:
1. Temporary offices to be used for COnstructiOD, and administrative
functions within the development.
~ TIIftII8I8I'Y eilt.. Ie he lIIIad fer .11 iIIletieBll. iBII_1II .11
1m." all..'.... fer .. ..... ....... [spJ ___.. If 1I,..lIiBte,
.......1, er prsp.ftr .JfIithia she il8'l'8lsplll88t Ie whi.il it 11 lee...,
Sf _jaelllt Illl'Velspmea181Hl1ler tM .... 8e..l.
2. TcmDOrarv administrative offices to be used in conjunction with a
bona fide B2ricultmal use in the BlZricultural mniml district when
located in the area dCllillDatcd uricultural on the future land use mao
of the future land WlC element of the Collier County Inowth
manallement Dlan.
3. On-site storage of equipment and construction materials for use on the
development site only.
Words ""'111 ........ II'e deleted, words underlined II'e added.
62
See. 2.6.21. ,Ph-.............. I.. ...... Dof1r: r.mltls
o~\). No <1l - 2. 6
JU,Y'E:.) 4 ) \CfC)7
1M .,InIIlI." .t1M .1... .1......... .......... ....t ..... nth
v_II. IIM.I '- ... rer NIl..... .........".
2.6.21.'. Individual or multiple private doclel, Includlnl moon... pilinp. davits,
liRa. and the like 11'I pennltted 10 ICM the residents ot I development
on canal or waterway loti, provided they do not
protrude more ChIn the rapcctiw d1lt1ftces specified in leCtione
2.6.21.2,. and 2.6.21.3. for aucb anal or waterway. Oftelr. .NI tho
like 'n! primm1y il'llftlded la ad...e1y 1Il!!Un! I'IHIftft!d _I. Iftd
provide ure .ceen ~ UII!!I'I for routine mailll_ and
use while milllm.1ly ""'.~lnl the IIavlphlli~ orlhe ...~
the native m.nne hell.. III....~ .M II,! Ole .nlt vtf!W ftrdte
w.t~ ~ IQrnmMIIII PftlPer1y ~ Permitled dock
facility protruaiOI1l u wen u extension of dock f1cililllllll'l
meuunxl from tho property line, bulkhead line, shoreline, .......11,
rip-rap linll, or Mean Hilb Water line. whichever i. more restrictive.
On unbrid,ed hurler i.IUld... I Mat ~ Ih.llhe lCOIIadered .
permitted prinelp.' use: tt-. . dnek .h.n Dftt. ill "'1 MOr,
lCOIIStitute I U!Il!I or muetunI whleh pennlllL ftlCPIlreL IIldJor
pmvidel for IIJl)' ---amy U!Il!I md or atnIetun!!t A...ill._
1.1'hI,..t.....J "~.IIi. ,..,.....'-.... ..i...... ....IIi... iII....i...
2.'.21.2 .. :1.6.21.2 tIIIf'" ........... ..... thlll ...i.. ,HI I. _Ii..
.. , h'M"I")' Ih. C.IIi... e......, PI_III c:.......I.I.... I.. t. .,
M'I ....II .1I1....i." ,..111," "'." wbi.. th. ,I...i... .1fI1Ifti.... ,....
..i.", ,..,.....,.. ....1... J.:U I .fllll. ....., . .JII'lev" ,lIili.II..-
"':...&y IA'..,.. '''r'''Y ...... tHy ."", ... Ii... .Iie. t. 1M
"... .h.MIII........ 'RI. "...... '("111..,..1, -1Wf .1111II, ....
wi'" 1I..ltl'llII 1'1\....,11' 1MWIl. with ..".I1i..iM aMi_ .tthe
'1IIftlIlill...IIIRIiI.I.... E..h .".. ......... AI" willi th, ..._.~ity
......IIp...IIII. 1M iNMI...llWli.. ..'Ii.I......' with!" I. ...,.. .t
Ih. ..... .f tII. ...181' ~y III. ,1_"1 ..........1... an. Ihall ". "......
rer h_... with tIl...... .f.... ...... ,lIf1U" I. lit. ,....~_
IIl4 .".i...l. re. .It f.Jd\ iR ...ai." U.,. .fllIi. ..... R.......I_ .t
th.I." .f......i.'" "Bollhoules and dnek raelliti. pl'OpOlOCl
on residentially aonecI propertilll U defined In 1ICICIi0ll 2.1.14 of thi.
code. .haJI be mMfd~ III .....--Valll or atnx!Imw_ Aftllthmttl~
IMII be ft!QJIired to M ~ Ihmnrh the pn-I._ U111 eriteria
ill ~OII ~ I; 11.J 'rid ~ Ii 21 .. ......... . .....iti.".. .e and
...Jt. _n ". .".. '''''1 th. .._ .f M1IIlty .._IIi.... ,__ ..
~t.yY1I1'Ved 71\ the ,...... IIl"'~ iII._...2.7.1_ "I'" ..wl\.......
req\p.i ~ ...dI. ..,li...I. ...1Ift1 ..(................ .. 'nU....
for corO\-no\"\a 1 .,'liIllltJ....'.......... ill ,..1... :a '.21.1.111lN'" :u.:a.l.IG .r
use thi......
2.6.21.2.
D-t FIIt!lIlIy ".1_81'. IIfttlllftfrllorl_". The fnn"';"1
~reri. ~ty 1ft dnelr faenllil!llftll ~
.
2 I; ~ 1 2 I, Por loti 011 I eusaI or waterway that II 100 feet or pater in width. no
hMthnu., dock f1cl1ityJboliI combination .11 protrade 1DOI'I1Ml20
feet bdo the wat.-way (i,.. tho total protnWOIl otthe clock fecl1ity ,_
tho total proIruIiOll oflho moored WIICI).
:U.2U.
2 Ii 2122
For Iota on I.... orWIterWIJ IhIt II lea.... 100 feet hl width" clock
f'adHti. may e:xtendIprotrud not .... tbIn AWl teet bdo ..w anal or
waterway. No line\! II!Ktt!nlllnn ",.n he ptlld to .nn. I dnck
Wanll..... *'-Ik ......... .... ......,...... .. .....
rap 54
05129197
e
.
Agenda Item
September 13
Page 1
f'.enitvAlotd mm~ In~_thm 20 fflII!l mm die
waterww.dlM MtIM 1... th.. . ...1M"". ftrm ~ ftrdHt pi....
_lwidth~d_~_I(.\ftllthe~
..d8 "rtt.lI! I!MHI' 1ft he ........"18... whl..Jtt!WP RIItftI'I) ft!drit!tiWL
:U.~1.4.
26.21.2 :J. ForJoll on. CIftIl orwll04ft)' chat itlell1hlll70 leet in wield!.
the docVlCUIty CltCllllon ~ idlllllrJOCl in lOCtion a.6.a-M
1.UU. it not lvallable (i....1UCh 1otI..limited 10 a five-loot dock
llICility).
u,ay..
2 6 21.2 4. All clock llICilitia on 1011 with water hntap of 60 leet or
JZ'CIICr Iball haw a skIc ICIbIct reqairanent of 15 reet, acepla
provided in !;t!ldi__ 2 6 21.2 tV 2 6 21 4 Dr _ acmpted below.
AD dock r.cnitla (lI!l!~ '-"'-) 011101I with... duaa 60 lee!
olwater fiontaae Iha11 haw a.cIa IetbIck Ie4Ubemcat on ~ feeL
All dodt faci1itia (p/'41 ho~ 011 loti at the CI'I4 or Iic1e en4
or. carIII or waterway IhaII have .licle 1db8Clt requinanent or 7 ~
fed II meuured fi'om the aide lot line or riparilD line. whichever iJ
lppfOpriate. For purpoIa olt1dalCCtion, riplriln lillC 1haJ11le
defined II a line ex1CIldinl front the comer or _ end lot and aido
end lot into the canal or waterway biaectinl equidiltantly the _ale
created by the two interlecting lOlL
(See exbibit A.)
a.6ftII.,6, ,
2 6.21 2 5. , An dock faciliti-. ,....n. oC~ tIIaI1 haw ref1ecton
. m4 house ftUIIIbcn f'oar ~ mIniIIIaaIllze 1nataI1ecI.
the outermoIt cad, on boCh tIdeL Por IIlUItir.mDy cIaveIopments.
the boule number requirement iJ WIived.
;U.~1.1.
2. 6 21.2.6. All dock f8Cilitia ..subject to.- IbaII comply with, all locIenIlIIlI
state RqURmc:atl md permttr. iDdudiDI but IIGllimltell to Iho
requirementslftd permits olthe Florida dcpll'bnent or eavironmental
.....IMi." protection. 1M Fl..... ...... .1....... ........ the
u.s. Amy Corpa orEn&ineen. m4the U.s. Environmental Protection
Agency.
~
2 6 21.2 7. PrDl<<tlMI of ItItIpID b<<k Where nn .....11.... II... ......... .
cfoctinl fiIcilltia .." propoIOd or boat clock CItcIIIionI. tho locaticm md
praeuc:c or tcapUI or ICIpII bedI within 200 feet or Illy propoIClI
dock flCiUty er 1I.1Ih.... tba1I be icIcnIifled 0Il1D .w photoanph
haviD.alCl!e of one inch to 200 feet when 1V111eble &om the county. or
lacale oreme IDCh to 400 feet wbeIIllICb photoJnIphI.. not Iftilablo
from the county. The Joc8Iioa 01 IeIJl'III hedlIhaI111e verified by . lite
Wit by Cbo lito dcYeIopment .mew direc:tIor or hiI deli.... prior to
iauInce of IIJJY project IIpproYII orpermit.
2.6.21.8.1.
2621 27 1. All propoted .......~ .... ......_ ... dock fKlUd.1balI1le
IocatecIIIftd atipocl to Itay alll111t tell feet &om any .latlna......
bods. .cept where . COIlIiauouI bed of 1CIIf." aiIta oll'tbe .... of
the property and IdjlCellt to tbe praperty. and 10 1DiDl~1p nepdft
impacta to ~ lIfl md olberutift thoro1iDe. ~,,'l md
IUbmcrpd vcptJtion and bInS ...... ClODUDIIIIitia.
w.. .... ....... ......... ..."........... ..........
....."
05129197
--.---
-
,-
r
2.'.21.1.2.
2n'.2...'~
1.6.:U.U.
2.621.2 7.1,
U2U.
1.'-21.1.\,
21i 21.1.1
2.'.2 J.J .:1
'} 6 21 ~ 2
:1.1.21.1.2.
2621 ~n
CI6'OW7
Agenda Item NO.7 A
September 13,
Page 20
Where. ClOIItimaoua boll of ........... off die abont of 1M
propett)' IIId IdjllCl!lll to the property die 1pp1icMl 1M" be .11owed to
build a dodt 1CI'OII1he........ or a ....... .....11..
dockin, &dill)' wllbfD. ,. or.... LiI u Such .........__ ....
IIMII", . docklnl racillllalhatl comply with Iht f'otlowlnl
conditions:
1. The .....be... .... III. If doc:It ...... be lla1lciJht or It
Icut 3.5 I'CIClC NOVD.
2. 1botcrmlnaJplatbmofdtedocklballnotcxcood J601CJ1IIftl k
3. Tbc lCCeII deck shatl not ncced a width offoar feet.
4. The ICCOII dock and terminal platform thall be lilCcl to irnpICI the
Ill'llllat IRa or ICIpUICI JIOAI'b1o.
n, petitioner lball be requirId 10 demonIInc. how nep1fve impccs to
leaJI'UIII and other nadv.lhonlliDa YCptIIiOllIlld hII'd bonam
communities., been minimfzecl prior to Illy projocc IppI'OVaI or
pennlt luuance
Dntoi Fad.11ty ~&Ul_' IlIJllIAntu_ ~_IJ&It",_, r.rll-'tL Adlli~
1~..;,.", ~ uitf ....,.....'-11I.-- ....Iftl!!d III ~
I 2 Iii 11 1 1 -' 2 /I 21 2 '} 1M dnt* t)el1ttIM' .1..1.1 ""-"-- ~
; n:prdll!llll ftrtMaf8It ft,the ~ hdD the ~trrtbe WI~
af'dJe W1d~ thalll'l!lQJliN pnhlW! IWW and . ~ ~ die ntm.
(".oun~ Planlll". CmnmlmMl A.tI 1ft IIQ' -. &w.lt~....~
..,- whim the I'I-'"I~im_ tak.. ~ ---ID ~qJ
.5.2 t 1 ftft'hla ~ an.rew.d petiliftnl!rpr __ty df-"'4
~- m~ weallbeh h.t ~ 1ft die hMrd ftfmnhll
_l!Il'l T1Ht hMnf 9rMflI.".,.... ~ aIIIrm am"" wj~
mnditlnnt -- fJIl_ with MIIfII"- the ~_ ftrtbe P'-nw
mnmdni_ ~h WM' than he filed with die _mi~
dew!!1qpMl!ftt -' flIIVIrnnmf!llta' -w- ..tnmn......... wltWn ,. .. al
f~ dill! ftrthe ~ftII ~ the pl-m"f _'-'- -'.un he~
fiv "-;lIf wid! the hMnI ftt-"lr ~..~...., 1ft 1M ~
md 1IIlP1I~le teeM rMdt illllI!ICfI_ I j; j; atthl. ___ The p~
eDIIlmlui_ ahall hIM It. dlll!W_ Itr "'-"r ......1 with
mndhlDllI tft deftl.1 ftII the fbllowln, erlletJa:
Whl'!t..... tft ~ t:Rlo munbcrr or dock 1tciUtl- ~ .liD! to be IocIIed OIl
the subject propaty ;a ~q"~" iatt iD ftIIIioa to the IeD&th or..6uJd
pNpeI1)' avai1adIl, (orlhe location or1ha pr., ...t dock IiciHcica.
Whether -1IQf t AI water depth wIIero the pro f ..... " "'-1. IlcI1Ity" to
be IocIItlld fI aunw-t ll'Ia'lnw Itr..,. ~ at..... ~ ~
n~tatl... the ntl!!Mlftft ~ .. .......... II III. ...11II.. .t
the .."'..... ........
De__" ..... "WIM .l~.-A ........ *-'.
ww- tft MI d.e p.~ _II ~ r.elH\)' -' m-' _100 Ig
~~ ~havellft ~ ~ID ~ptf-wltltlft IA
.,U-tnavlphle ~1
w....... ................ ..... _' LA........
...."
I
.
2 15 21 I t
2621 :U.
1,6.11.1.1.
1621 B.
2.6.11.1.6.
26213.6.
2-'.21.1.'7.
162137.
2 1.1 I 1 I
26213.8.
.U.::U.I,9
2621 19
2.&.21.t.10.
2621310.
Agenda Item NO.7 A
September 1
Page 2
n. I.' ....... ~.tt.... ,..file) ,r... ...,..., III wi_ iI. ....
..lilY i. Ie lI. I..d.'. ~ '" IIlIlllle "''1-.-1 dnelr desfp mill
mNmd veaeI pmtmde 8I'P.III1lI' t1Ill11 2~ rw-t ert1le wid'" erthl!
n.vipble e_1 M .,-ter tMft 20 reel rMbnll!loU!l1!lL Bftd ~ at'
not. minimuM tit ~ ~ ert1le p'blnl'llll_1 wldtll h!IweM "-k
....""'~ _If.\ MI the..,-.le aide erlhe _III
f"lIint....m In MIler ta --.....amah)e .....~ widtb for
Mvirahilily
~..A'eIl \M f.. fIleR", wiR..... the.r.ey .("'.... .r\M
liMP"" .11...1. 1M .;...... ....
)Yhet1ler '" not tb_ _ ~.I enlllllitfOM relatr.d to tbe ml1ject
~ nrw.terway whieh jPdI~ 1M ~ dlml!ntdftM and
lneatimt orlbe 1II1Vflt:t cIoc:k.
'Rw ...." 1"~Wli... .. .....r ....k ......1... III .dj.....
,..,...i...
Wllether fJ/r Mlthl! ~ dfta ill ttf ",ini",.1 dilftf'!Mi~
nee~ hi ftI'lfll!r' tft ...~ltIIely ~ IIN! ",oored -- while
pmvidin,reutY .'\hlll ...~ 10 the boat for matine m.inlerl~
wilhoutlhll Wle or e1!ef!I!!llvl! deek III'elL
111. iMP- the __I.R wilt hll'l" lip.... .JiM\" .r.... ~..,.
I .
.J..... .........IU...., 1't11I'"
Whl!lhl!r '" not thI! ~ lItnII!tIlrI! h tit "","",.1 d"1tIM!IIlIlomI ta
minimift! the m,p.1!t ,,(the vi~ ftr 1M ..~ '" mrrttIIftdn"
p~lIwnen.
'At. .1....... I' ....~t. ",. 'epdl (4hN. ..... .1 "'1M II. .....ar) II
..",,.,,,. the ~ _...- ......
Whl!l1ler t1r not t1Iel'ftMr'llll-1 hi I.. -- or fifty {so\ pen:enI
er the '-fl" tit till! _1!I"finntHe meh diet tIN! addiliM et. dnek
ftrueIure will me-tlN! ""pad M,. ~Yl!\y I~ the view
ptlhe....~ 1u' ..If'I'ftltftdillr prqperrv-.
1M Ii. .(\lI. '..11 iftI",." Ie" "'...... at 1M.... ,..m".
)rVbl!thl!f or nnt the ~ IncatlM and drsl", orlbe dn.:!'k Iveal!I
eomblnatlOll i. mcb that it mav Inf'rinp 'lPml1b1l WIll or
neirhhnrinf ~eI.. inelndiftl any ~im;nl MeIr mueture!l
Fer tIIMIII 'II.....ji. ,Illy. R-.miftl exiltiDJ beathic 0tpIIiImI in
tho vicinity orthe prapoICllI fIlt1IlnIion:
00 WhI!IberOl'nnt II!llVO- ant ""'*'" within 100 ffll!l titthe
~~ and..
()) Whether M fttIt the ~ dfte1r I. -1VfW!t tft thfil ftllltdtee
I'rntfWimt ft!CIllIl'l!ll'lerlta orthl. r.nd~fll! 2 Ii 22\.
2 Ii 21 " 1 1. If deemed n.-..ry baed upon review ofdtelboYe rzitcri.. tho
pllnnia, commIuioa may impose neb ccmdldonl upon tho IppIOYII or
III extension requat It deems II ~y 10
WorcII... ...tJJk...........~ - adde4.
O~n.9197
....57
--
ICCOmpllah d1e purposes orahl. code and protect the .rcty and
wcll'lre oC &be public. Such conditions may include. but thall not be
limited to, pala lido 1CCbIct(1). pnwiIion Oflipt(I),lddltional
ret1eetorI. or reflecIan I....1hIft four incheI.lnlI prohibitina or
permiuinl moorinJ on the outIide orthe dock ClCility.
2621 ..
RNlltllm8111t.I..-rllllU'In additWI tG the mten. In Hetlan *
'16 '11 ~ the rallawb-r enteri. aliBI _If to ha.......-.
.
'1 6.21 .. 1 UhIi_ .we ~k ft!CIJ1ll1!1ftf!11t!
J.lirlr.1
'1 (Ii 21 .. '1 Mulmum pmmman Iftta wat~
2! pereenl or eanat
width f1Ir 20 rft!!l. whl~hew:r
iI.kII.
'1..6 21 ,,:I. Ummum hel,ht: I J reet as _.00
hm tqp or
_II at haftk
wIt~ i. IIlftN
leltrietiva.
'1 621 .... UIlIlmum number nr halt1l_ per .it~ ODG.!U
2 6 21 .. 5 An '-thmBe m ~ _11 he ~'II!te1y qpen ftI'I atl (GIll' (.c\ Mds.
:2 6 21 .c (Ii . RMrlt'lf mltma1 met I'Mr enw a11111 he the IlImIl .. lIIateria'. MId MIora ~
, DIed ftI'I the prinelpa11tn1etU1e at 11I'3' he IIlr. palm fhmd "ehill!1r:lI!III!"
. IIX1a.
1.6.16. LeeMI.. ....1....... h, ...... ....... ~ CI'MlP ......
d"f!lqpmellt .tand.nlL
G~f!fYJ1 R.'--lIIIu All poup boulmlllnlctUr'Cl aha" meet Ibe ColJowiIll
requiremcnll specified for ach IJpe of ItructIIrc:
1. Sit' development pllft (SDP) IppIOY8lln conformlnc:c with dMlion 3.3
(with the exception or a Camily en Cacility).
1. All applicable It&te IIld county buildmlllld fire cod,lItIIIdIIrd..
3. All app1icable Itatc IIId county Iic:enaina requirements.
1.6.26.1.1. Family CtlNfGdlity. A family care &dUty Ihall be treated....1e clwctllnl
unit ror the purpose of delennininl I:pplicable dewlopment ItIndardI and.
therefore, lball conf'orm to che ItIIICIInIIldentified fbr alinalo-fimily dwcllin&
unit or mobile home inb -Ill diJlrict auiped to the property, . well u
other applicable IIIIIIdIrda round in the mnilll code. Howevw, a new rllfti17
care racility IhaJllIOt be located within a rldlUt or 1,000 Ceet oC another cxlltllll
family cara facility.
2.6.26.1.
.
2.6.26.1.2. GrorIp t:tUW fGdIlly (QIfcJOI7lad tJIII6IfII'7/1). A poup CInIllIcUilylhall be
pamod by tho dcwlopment ItIndardI kSndfted in tho 1Oftin. cIillrice _ped
to the property and lb. rollowln.1tIIIdardI:
I. MI,,"'""" "ablttlbl. floor ,.reo.
'II.. ....11........ 1ft...... .... """"""-' nlllllecl.
1'1.. '1
06III2J97
Agenda Item No.7 A
September 13,
Page 23
Divllion 6.3. Definitions. ofOrdinanc:e 91-101. almelldcd, the Collier County LIncI
Development Code, II heRby llIlended to ... u follows:
DMSION U. DEFlNJTIONS
.
MNIt CMfIHP/.1./vlftrfeeUi",,. f,fC:!FJ- AnlJtH lJv#", Ftldll~ (ALFJ. Any buildlna(l).
section of a building, distinct put of a bulldina. raidcacc, private home, boIrding home, ar
other place, whether opc:rated for profit or Dot, wtIich undcrtaka duvu&h icI OWftCI"Ihip ar
man.gement 10 provide for . period exceedinl 24 boan, housina. food ICI'Yic:e, and one ar
more pc:rson.llCI'Yic:c:a ror four or more: 1du1ts, not related to the owner or administrator by
blood or marri.ge:, who require IUCh seMc:c:a and to pnMde limited nursin,lClYic:c:s- when
specifically licensed to do 10 pursuant to F. S. i 400.407. The: flci1ity .....11 be 1ic:c:nscd and
.pproved IS such by Florida department of hc:aJth and rchIbilitatiw 1CIYicca. A flCi1ity
offering pc:rscmallc:rvic:c:s or limited nuraiftllCl"Vic:c:a for fewer than bar adults il withhl the
meaning of thil definition if it fonnally or Infonnally Idvertl_ to or solicits the public Cor
residents or referrals and holdl itself out to the: public to be an atablishmcnt which regularly
providalUch 1CrVica.
Bed' MeI_: I. reeC" ......... _jl."" II I ~l "Ift ... II .... ... ~.i...
18\..... "......i." I. . ".It.
+ Boatltou.u, privatI: -Alt-A mafed, tr.".eao:y _to. residealialllnlchlre(l), adjacent 10 a
W.tCfW.y, cpen lHl III sides and pravidmr emered p""'f'JI'I~ hi . bolt ,f8e.Ii.i"..,a.. reF ..
helllli"l,e. "... and lICCCIIOria CUItOme:y therdo. A private boathoule may net be used Cor
the: purpose of human habitation. (See: section 2.6.21.)
Care lIlIil: A rc:sictential treltment ficility, ""... . -iIla he., whc:rc:, Cor cornJMllSlticm
(if applicable), pc:nOna under CInl receive: food, lodainl and 101M fonn of orHite Ihcnpeutic
c.re on a d.ily basis. This type or can: may imo1vc psycbiatric. psychofosical, medical,
physiological thenpics, behavior modification and other such services. This type or rlCility
.hall contlin 15 or more pcrIOIlI ander care:, plus resident supc:rviIors II requlrc:d by subsection
IOA-S.Ot9, Florid. Adminiltrative Code, Ind .hall permit all oftbe lilt ofUlelIS pcrmiUc:d by
group CItCl (acilitia (Category I and Category m. (i.e., ..It .."..... IM"I r..ilili",
mided livi!lf 'adlities' fOlter care {acillties; rlCilitia for: IIcd pc:nona, dcvclopmc:nlllly
dinblc:d perlOnl (u defined m F. s. S 393.063(11). .. amcndc:d). phylicall)' disabled or
IwIdiclpped pcrIOnI (II defined in F. S. i 760.22(7)(.), u llIleaclecS); c:riail md attention care;
diapllccd adult care; bocneleu mellen; mental and CIIIOticmaI heahh care; ofrendcr halfway
houses; spouse: abuse care; subltu1ce abuse care; and youth ahehen). (See sectiOll2.6.26).
.
CtJ7IlilJuill, t!tIn ntinllf#!Jtt t!tllflllfrndty fCCRQ' A Imn, I!IIVimnmenl pnwidilll.heh~ rtwvl
IJId eilher "ursinr i:ln! or ptnnnllllervil'.l! u defimlll in I 4M.cm (16\ pg wherJ!~ _h
"ursinI eRn! or 1)eI'SOnlllel'Viees In! provided in the r.cllity or 1ft InOlher letti"t delipllteelto'
the arn:ement for mnlhtuinr em!.. to ." indiYidl1ll1lOt ft!Iated 10' .une--illily or .mnity to
the pmYider fumiKhinf 5Ilch CII'e.. IlPD" ~t of 1ft entnnI'.e ree whic:h it lieensed by the
dqllrtment DriMUnIIIeP- of the StlI.te orF1oridl purmmt to s.6!1 If S
-t Dock /tJdllty: Juty ItI'Uc:tIn conItnJc:tcd m or CYCl' a waterway {or tho
~ ormoorins a boa&. Thil inehlda cIocb. ~ pl~
meenn. pilinp, hoatMuseIlftd the b'b. 'Rail ..11.... i",au.. ........
e, Ile.. ahal'",
Group lIou.ri"ll JUJU: A room or rooma ccmnectc:d togc:cher, COIlItitutinlalCplrate. indepc:ndc:nt
houIcIteepln. CltlbJilbmlllll and physically 1ClplIrItc:d 10m any other IOOma or puup hoatinl
until, which may be ill the 11IIIO 11nICtIIre, wi1II or without complete 1dtchcn facf1itie1, and
c:ontaInin, "eepin, facilitia and .-diary rlllCi6tiea. A IftMIP hoaaiq unit il wI_lo to tho
fo1lowinl types of ItnIcturcs: limny care facilitia, poap QI'II f'ac:l1itia (c:alcJory I and
wonk_II.... at dIIcIId, wwdtlllda:lilral.. .......
Pap 6S
06I0V97
Agenda Item No. 7 A
September 1
Page 2
fol1owinl typeI of IInICt1nI: flml" CII'CI lIcI1ida, poap CII'CI f.nltieI (CIItFIJ I ..
catc:aorY 11), care units, mclllU1'lln. ham.. _ _.ted ~ -.t __i~ .... t.!IIttf__
(Sc:c section 2.6.26).
HIM'. hOlll.. ra' ,.... or ...-", .N /tJdllty: See "'" c.....,. lrlWw ~
~ tmhltM IM"r (1II!I11fy (Al.F1.
SICI10N 'OUR: CONFLIct' AND SEVEItABILITY
. In the cvc:nt thil OrdiUftCO connic:ta with IIIJ ok Ordinlnc:c DC Collier County and odIcr IIppIicablt
law, Ibe more rc:strictlve 1haI11pp1y. trlllJ phIw or portlan or die OnfiIllftC:e illtcId hmfid or
unc:onstitutional by any court oC compctalt j1lri..r1ClioD.1IICb portiOllIball be deemed. tepmI8. distinct IIIlI
independent provisicm and_ boldinl abaIl ftOIt aft'ect.... ftlicJlty ottlac nmainin& portion.
SEmON FIVE: INCLUSION IN THE COLLIER COUNTY LAND DIVELOPMENTCOD&
The provisloDl aClhi. OrdiftlDco ,hall bocomo and be m..ro a part of the Lmd Development Code of
Collier County, FloridL Tho aectiona Or tho Ordinance may be rcmamberecl or rcIc:Itaed to accompUllhlllCh,
and the word -onIiMncc" may be chln&cd to "aecdan", "lS1icle". or IIIJ other IppIOprilte word.
SEmON SIX: EFFECI'IVI DATI
1bil OnIilWlCO 1ha1l bec:ome effective apoa fillq with che Dcpc1ment oCSIate.
PASSED AND DULY ADOPTED by tho Boant ofCoanty CommIRiancn ofCoUier Couaty.
Florida, lhil Ih:L day or ~. 1m.
,......
. . ...',....,u.Q,.
...,.......~:~: ~.....~~~..;:;~
\".... ~'."~Jo.
.. .: : :.'. ,it .....~..~~
ATtESTt' '". . '..; . =.:
fJ.,c, ~. 0"'... '. .' ". .. ~ ..
. "1 . , .
~i~~~~ J.~
I" . ..,~~..
. .
BOARD OF COUNTY COMMlSSlONERS
~H
amY CHAIRMAN
APPROVED AS TO fORM AND LBOAL SUFFICIENCY
1'h" ordll'lCl'lU flied with the
5tcrwtGry of E~~
~dfl'/ of ~
and oclctlotr ~ of that
filing Nee"," this aM: .,
Of~_~~' _ ~
By _
~ ~~'''1''~'
RIB M. STUD
ASSISTANT COtJNTY AnORNEY
.
Wardl.... ....... n..... -.lllIIldI:diDIlIn......
....116
05129197
-
GENERAL PROVISIONS
Agenda Item No. 7 A
September 13, 2005
Page 25 of 74
1.08.02
1.08.02
~.
Auxiliary facility: The spaces located at educational plants which are not designed for student occupation
stations.
Average daily trips: A weighted average of the number of vehicle trips or trip ends per unit of independent
variable (e.g. trip ends per occupied dwelling unit or employee) using a site's driveway(s). The weighted
average rate is calculated by summing all trips or trip ends and all independent trip variable units where paired
data are available, and then dividing the sum of the trip ends by the sum of the independent variable units.
Base flood elevation: A flood elevation having a one percent chance of being equaled or exceeded in any
given year.
Beach: The zone of unconsolidated material that extends landward from the mean low water line to the
place where there is marked change in material or physiographic form, or to the line of permanent vegetation,
usually the effective limit of storm waves.
Berm: A mound of earth to provide screening or buffering between uses.
Bike lane: A portion of a roadway which has been designed, constructed, and designated by signing and
pavement markings in accordance with the most current "Florida Bicycle Facilities Design Standards and
Guidelines. requirements.
Block A parcel or parcels of land bounded by public streets (other than alleys), public land, a water body.
or physical barrier. Also, the land fronting a street between intersecting streets. See Figure 2.
,.--... Boatet. A facility offering transient lodging accommodations normally on a daily rate for boat travelers.
These accommodations include wet boat slips, where guests mayor may not sleep on their boat.
~ Boathouse: A building or structure used for the storage of boats, watercraft, or equipment that is accessory
to boats or watercraft.
Bonus credit: A unit representing the right to increase the density or intensity of development within a Rural
Village to an extent equal to that achieved through TOR Credits, up to the minimum required density. [sec.
2.03.08 A.2.b.(3)(b)]
Breakaway walt. A wall that is not part of the structural support of the building and is intended through its
design and construction to collapse under specific lateral loading forces without causing damage to the
elevated portion of the building or the supporting foundations system.
Buffer (also, landscape buffer): Land or a combination of land and vegetation for the separation of one (1)
use from another and the alleviation of adverse effects of one (1) use to another.
Building. Any structure having a roof supported by columns or walls designed or built for the support,
enclosure, shelter, or protection of persons, animal, chattel, or property of any kind.
Building, actual height of: The vertical distance from the average centerline elevation of the adjacent
roadways to the highest structure or appurtenances without the exclusions of section 4.02.01 .
.--...
Building, zoned height of: The vertical distance from the first finished floor to the highest point of the roof
surface of a flat or Bermuda roof, to the deck line of a mansard roof and to the mean height level between
eaves and ridge of gable, hip, and gambrel roofs. Where minimum floor elevations have been established by
law or permit requirements, the building height shall be measured from such required minimum floor
elevations. (See section 4.02.01, Exclusions from height limits, and off-street parking within a building.)
Supp. No. 1
LOC1:13
Agenda Item No. 7 A
September 13, 2005
Page 26 of 74
Div. 6.3
COLLIER COUNTY LAND DEVELOPMENT CODE
~
including, but not limited to, rental of covered or uncovered boat slips or dock space or enclosed
dry storage space or marine railways or lifting or launching services, and for dredge or barge
dockage and storage.
Boatel: A facility offering transient lodging accommodations normally on a daily rate for boat
travelers. These accommodations include wet boat slips, where guests mayor may not sleep on
their boat, that are normally combined with a hotel/motel and itsacces80ry uses, such as a
restaurant.
Boathouse, commercial: A building where boats are housed, launched, hauled, repaired,
serviced, maintained or stored.
..:I': Boathouse, private: A roofed, accessory use to a residential structure(s) adjacent to a waterway,
open on all sides and providing covered protection to a boat and accessories customary thereto.
A private boathouse may not be used for the purpose of human habitation. (See section 2.6.21.)
Bottle club: A private establishment where patrons may purchase bottles of liquor or bring
their own and keep them for consumption after legal closing hours.
Buildable area: The portion of a lot or parcel remaining after required yards have been
provided. Buildings may be placed in any part of the buildable area, but limitations on the
percentage of the lot that may be covered by buildings may require open space within the
buildable area. -----...
Building: Any structure, either temporary or permanent, having a roof impervious to weather,
and used or built for the shelter or enclosure of persons, animals, chattels, or property of any
kind. This definition shall include tents, awnings, cabanas, or vehicles situated on private
property and seIVing in any way the function of a building, but does not include screened
enclosures not having a roof impervious to weather.
Building facade: That portion of any exterior elevation of a building extending from finished
grade to the top of the parapet wall or eaves and extends the entire width of the building
elevation.
Building, height of: The vertical distance from the first finished floor to the highest point of the
roof surface of a flat or Bermuda roof, to the deck line of a mansard roof and to the mean height
level between eaves and ridge of gable, hip, and gambrel roofs. Where minimum floor
elevations have been established by law or permit requirements, the building height shall be
measured from such required minimum floor elevations. (See section 2.6.3, Exclusions from
height limits, and off-street parking within a building [section 2.6.3.2].) Required minimum
floor elevations shall be in conformance with the Collier County Building Construction
--...
Supp. No. 16
LDC6:10.2
Agenda Item No.7 A
September 13, 2005
Page 27 of 74
September 9, 2003
MR. MACKEY: Commissioner, might I respond to the
transportation part?
CHAIRMAN HENNING: No, sir.
We have a time certain at 10:00, or no later than 10:00?
MR.. MUDD: No, it's after 10:00, Commissioner. And I figured
that you'd get through 7(A) and 7(B) before we handled that item, but
we'd get it finished before lunch.
CHAIRMAN HENNING: You want to go to 7(A) and 7(B)?
MR. MUDD: Yes, sir.
Item #7 A
PETITION V A-2002-AR-2525 ROBERT DA VY AND MARK
ALLEN, REPRESENTING LITTLE HICKORY SHORES UNIT 3
RE-PLAT PROPERTY OWNERS, REQUESTING A 15FOOT
VARIANCE FROM THE REQUIRED BOATHOUSE SIDE YARD
SETBACKS OF 15 FEET TO 0 FEET AND A 30-FOOT
V ARIANCE FROM THE 20-FOOT MAXIMUM PROTRUSION
FOR A BOATHOUSE TO A MAXIMUM OF 50 FEET, FOR
PROPERTY LOCATED IN THE HICKORY SHORES
SUBDIVISION, LOTS 1,2,3,4,5,9,10,11,12,13,14,15,16,17,18,19,20
ANn 2'1 - UENlED
CHAIRMAN HENNING: Okay. Anybody have a problem
with that? 7(A) is the continuation of the July 22nd, BeC meeting.
This item is -- requests all parties to be sworn in by the court
reporter, and for the Commissioners to give any ex parte
communication. This is the variance of2002-AR-2525, Robert Davy
and Mark Allen, representing Little Hickory Shores, Unit 3, re-plat
property owners, requesting a 15- foot variance from the required __
for the required boathouse side yard setbacks of 15 feet to zero, and a
30-foot variance from the 20-foot minimum protrusion oithe
Page 32
-~--_._-----._--
Agenda Item No.7 A
September 13, 2005
Page 28 of 74
September 9, 2003
boathouse and the maximum of 50 feet for the property located on
Hickory Shores subdivision, And lots 1 through 20 and 22, Block G,
lots through -- 3 through 9 and 10, Block H, Section 5, Township 48,
Range 25 east, of Collier County.
Any participants wishing to -- any people here wishing to
participate in this exercise, please rise and the court reporter will
swear you In.
(All parties were duly sworn.)
CHAIRMAN HENNING: Commissioner Coletta, do you have
any ex parte communication in this matter?
COMMISSIONER COLETTA: Yes, I do. I met with Tony
Pires and also with Rich Yovanovich on 7/28 and 9/28 (sic). And I
had correspondence from a Mrs. Walls and a Patricia Stark.
CHAIRMAN HENNING: Okay. Commissioner Coyle?
COMMISSIONER COYLE: I met with Mr. Yovanovich, a
representative of the petitioners yesterday, and I have received
correspondence from supporters and opponents of this particular
petition, and that correspondence is included in my file.
CHAIRMAN HENNING: I have correspondence, and they are
in the file, if anybody would like to review it.
Commissioner Fiala?
COMMISSIONER FIALA: Yes, I've met with Mr. Yovanovich
and I've also met with Mr. Pires and Mrs. Maggio. I have a great
deal of correspondence that I have in my file. And also, I went out
and took a look at the site and rode down the road completely and
looked up all the addresses of the people that I found on my
correspondence.
CHAIRMAN HENNING: Commissioner Halas, you gave your
correspondence ex parte communication. Is there any more?
COMMISSIONER HALAS: Just the fact that I met with the --
Tony Pires and I met with people that live in that general area, and --
homeowners in that area, and I've had correspondence, e-mail, both
Page 33
Agenda Item No. 7 A
September 13, 2005
Page 29 of 74
September 9,2003
for and against, so that's where we stand on this.
CHAIRMAN HENNING: Mr. Yovanovich, you're representing
the petitioner for this variance?
MR. YOV ANOVICH: Yes, sir.. May I start?
CHAIRMAN HENNING: Go ahead. It's your time.
MR. YOV ANOVICH: Good morning, Commissioners. Rich
Y ovanovich, for the record, representing the petitioners in this
matter.
What you have before you today is a request for a variance for a
number of lots to allow them to come through the process to request
a boathouse. These lots, as your executive summary indicates, are in
fact boat dock lots and were created that way back in the Sixties.
None of the lots themselves are large enough to support a principal
structure, they're all about 450 square feet and about 40 feet in width.
Prior actions of the Board of County Commissioners was a
conditional use and variance, and I think also what was called a
provisional use, to allow boat docks to be constructed on those lots
and allowing a zero-foot setback for the boats to be moored at the
boat docks.
So in effect, these lots have already been determined by a
previous board to be boat dock lots. And essentially what happens is
a fmger pier is built approximately at the center line of the lot and the
lot owner has the right to put two boats on that lot.
Now, there was a lot of -- there was a letter written prior to the
planning commission that raised some issues that I would like to
address that really are not related to the variance petition, but I
wanted to address those anyway.
The -- one of the concerns that was raised, what about the fact
that these lots -- or these boat docks could be rented out? Well, that
could happen anywhere. That's a code enforcement issue. A dock
behind someone's house can be rented out. These lots are prohibited,
from the prior legislative action taken by the Board of County
Page 34
Agenda Item No. 7 A
September 13, 2005
Page 30 of 74
September 9,2003
Commissioners, from being rented out. They're intended to serve the
person who owns the lot. So that is the purpose of these -- the boat
docks.
Also, it is required that they not be commercial. One of the
concerns was that this was now going to turn into a commercial
marina. It's not going to be a commercial marina, it's going -- it's a
boat dock lot that serves somebody who doesn't own a home on the
water, It provides access for boaters of the community to have a boat
dock.
What we're simply asking for is the same right that any other
property owner who owns property on the water has, is to request the
ability to ask for a boathouse. If you have a principal -- if you have a
house, a lot big enough to have a house on the water, you have the
right to request a boathouse. We're asking for the same privileges.
Now, in order to do that, there are -- we have to obtain some
variances from the code provisions, because they just don't work for
these lots. One of the provisions that we need a variance from is the
fact that we cannot have a roof that meets the same -- can't be similar
to the roof of the principal structure, because we can't have a
principal structure. So we're asking for a variance from that
requirement that the roof match the roof on the principal structure.
Second we're asking for is the IS-foot side setback requirement.
It won't work for the lots, they're only approximately 40 feet in
width, and with that requirement we are already allowed to go up to
the lot line for the boat anyway. So we're just simply asking for the
ability to the house to go and cover the boat which is already allowed
to go basically to a zero setback.
And finally, we're asking for the ability for the boathouse to go
out beyond 20 feet, because this is shallow water, and you basically
can't build a dock and get your boat in the water at 20 feet.
Now, keep in mind that we're not asking for an exemption from
the criteria to go through a boat dock extension. We still have to go
Page 35
Agenda Item No.7 A
September 13, 2005
Page 31 of 74
September 9,2003
through a boat dock extension to extend out into the water. And
when that happens, the planning commission analyzes impact on
boater traffic, impact on view. All of those things are addressed at
the time we go through a boat dock extension, and we would still be
subject to those criteria when we come through with a boat dock
extension.
I'll briefly take you through where the lots are and a little history
of how we got to where we are.
This is -- these are the lots. This is Third Street West. This is
from your property appraiser's GPS. Right here are the affected lots.
Now, I don't represent every one of the lot owners, a few of them
chose not to be part of the petition, but a vast majority of the lot
owners have chosen to be part of this petition.
How this started was Mr. Allen and Mr. Davy went to staff
originally because they were approached by an installer of these boat
covers. They went and they asked, do we need a building permit for
these covers. And the response that they got was no, you don't need
a building permit for these covers, so they installed the covers.
Subsequently to that, staff has detennined that these are in fact a
structure, therefore requiring a building permit. And since it's now a
structure, it's technically a boathouse, and you go back and follow the
circular logic, it comes back to well, you can't have a boathouse
because you don't have a principal structure.
So the mechanism to get in front of the Board of County
Commissioners tp.at was arrived at with staff was to come forward
with this variance petition to address all of the lots in a global
situation, recognizing that we still needed to address the boat dock
extension when each individual boat dock comes forward.
So we went to the planning commission with the staff
recommendation of approval on the variance. The recommendation
was for hard covers versus soft covers, if you'll let me use that
terminology. And we got to the planning commission, and the
Page 36
Agenda Item No. 7 A
September 13, 2005
Page 32 of 74
September 9, 2003
planning commission preferred and imposed a condition that instead
of hard covers, they preferred soft covers in this location, because
they felt it blended in better with their surroundings. And it was a
recommendation just for this area to allow soft covers.
And I'd like to point out again on this map that you can't even
really see the soft covers. And this is -- I wish I could blow the ariel
up and get a little tighter. But right where my finger is pointed, those
are Mr. Allen's boat covers, and across the way right there are Mr.
Davy's boat covers. So they are -- they do blend in nicely with the
community .
Now, when I first took this case, I was a little concerned about
how those boat covers would look. I wasn't sure -- and my
recommendation was let's just go with the hard covers, because I --
my personal preference was I thought that would look better. But I
went out on the water with my clients to see what's around the
community and what do these things really look like. And if I can,
I'll show you some pictures.
CHAIRMAN HENNING: You can just give that to the County
Manager.
MR. YOY ANOYICH: The first picture is -- I would have never
gotten that right in lining that up.
The first picture, those are Mr. Allen's boats, and that's from the
water, obviously. You virtually cannot see them as you drive by on
the road. The mangroves have grown over to block them.
The next picture is across the way; that's Mr. Davy's two boats
and covers.
That picture is a picture looking in -- into the waterway, facing
east.
And that's basically the view coming back the same way. That's
what you see going in. I mean, there's already a boat on a lift, so the
cover or house, whatever is approved, will not block the view,
because all these boats are on lifts already.
Page 37
Agenda Item No.7 A
September 13, 2005
Page 33 of 74
September 9,2003
That's another look of -- that's looking in east, and you'll see
there's already an existing boathouse in the area. And that's what it
looks like. And I don't -- this next picture is not the best -- oh, it's
real fuzzy, let's not even take it. What that picture was is looking
from the east to the west, and what you see is the hard cover -- the
hard -- and before you see Mr. Allen's boat covers, you see that
existing boathouse on a boat dock lot.
And finally, one of the questions was what do these things look
like when they're placed together side by side, so to speak.
That is the Vanderbilt Towers boat basin. Now that's a mid-rise
condominium. That's what these people look out from their windows
and see in their boat basin. And I'm assuming, since the condo hasn't
objected and those things are in place, it hasn't really been an issue
for people in these mid-rise condos to look at these boat covers
aesthetically.
And you will also notice, by the way they're constructed, there's
a natural separation from the boathouses, so they are not rooftop to
rooftop to rooftop. They do line up nicely and provide, you know, a
view, if you can, between the -- through the core.
Also in the area, if you want, I've got pictures of other
single-family homes that decided that these boat covers were for
them, and they've gone ahead and constructed them as well. So I
mean, the neighborhood on the single-family lots seems to like these
covers as well.
The planning commission wanted to make sure that the
aluminum that holds up the canvas was in -- does in fact meet the
hurricane standards, and it does, it's a requirement that the aluminum
frame meet the hurricane standards.
Now, obviously the canvas does not. They wanted a
requirement that the owners come and remove the canvas cover if
there's a storm coming, and we've agreed to that requirement. Mr.
Davy and Mr. Allen live locally, and we would be fine with that
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being a condition on any of that, if we went the boat cover route, as
recommended by the planning commission.
We're also okay with going with what staff recommends, the
hard cover, if that's the preference of the Board of County
Commissioners. We do believe that this is a unique situation, these
are unique lots. We're only asking for the same rights that anybody
else who owns property on the waterfront would have, is the right to
ask for a boathouse, go through the process of getting a boat dock
extension. And we fully intend to comply with the building code
structural requirements.
I don't have much more to add. Your staff report was thorough,
you have all the backup material in your packet.
I do -- would like to respond to any comments from the public
as to why they mayor may not object. And with that, unless you
have any questions of me, I'll --
CHAIRMAN HENNING: Questions by the members of the
board?
Commissioner Coletta?
COMMISSIONER COLETTA: Yes. Mr. Yovanovich, up in the
upper left-hand comer, there's a red line that intersects the boat
docks, from best I can see. What is the significance of that line?
MR. YOV ANOVICH: To be honest with you, I don't know. I
just pulled the map up just for purposes of showing the location of
the lots.
COMMISSIONER COLETTA: I really would like to know
what the significance is. Is it a property marker of some type?
MR. YOV ANOVICH: I don't know. We are constructing -- we
would be required to construct our boat docks within our riparian
lines for our lots. So we'd still be required to be consistent with the
riparian lines set forth in your code, and we'll address that at the time
of permitting.
COMMISSIONER COLETTA: Does it have anything to do
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with it about the state owning land under the water?
MR. YOV ANOVICH: Commissioner, I don't know.
COMMISSIONER COLETTA: The particular case, I mean, as
far as applying for this.
MR. YOV ANOVICH: We would be required to obtain
whatever per -- if we needed to get a state permit to build a boat dock
there we would get a state permit. If we don't have to, we wouldn't
get one.
MR. MUDD: Red lines on that overlay, Commissioner,
normally designate lot lines, okay? That's the way the property
appraiser has them laid on that sheet. You don't see them on the
individual ones so well on the visualizer, but if you get close to that
picture, you can see them, so that every lot is squared off with a red
line.
CHAIRMAN HENNING: And sometimes they're not correct.
MR. YOV ANOVICH: Right.
CHAIRMAN HENNING: It's just a line on the map. Because I
can tell you that my neighbor's shed is on my property, but my
survey says that it's not.
MR. YOV ANOVICH: It's an approximation, it's clearly not a
surveyed line.
COMMISSIONER COYLE: You should bring that before the
County Commissioners.
CHAIRMAN HENNING: No thanks.
I have some questions.
MR. YOVANOVICH: Yes, sir.
CHAIRMAN HENNING: The -- what's the lots platted -- the
plat for the lots, they're platted for what use?
MR. YOV ANOVICH: Well, actually, it was silent. And the
determination has been through legislative history of granting of
conditional uses. Since they never met the minimum size
requirements for a single-family structure, I'm told through, you
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September 9, 2003
know, verbal history that the intent always was that these were boat
dock lots. And that's in fact what the Commission has said in the
past, that these were going to be boat dock lots.
CHAIRMAN HENNING: Was this a PUD or is it just a
subdivision --
MR. YOV ANOVICH: I think it's straight zoning. Straight
zoning from way back when in the '60s.
CHAIRMAN HENNING: What is the property appraised as?
Is it -- I mean, commercial, single family?
MR. YOV ANOVICH: It's appraised at RS-4, which is what
they are. They're RS-4 lots, but they don't meet the minimum lot size
to be constructed.
CHAIRMAN HENNING: Okay. One minute, Commissioner.
COMMISSIONER FIALA: Sure, I just let you know,
CHAIRMAN HENNING: On this map that's not very clear --
you might be able to answer my question or not, but on the road to
the north, there looks like a structure just next to the vacant lots.
MR. YOV ANOVICH: Right there?
CHAIRMAN HENNING: No, to your other left. Yes, that way.
Right there. Yeah, right there. You had it. Back. Never mind.
Commissioner Fiala?
COMMISSIONER FIALA: Go ahead, ask your question.
CHAIRMAN HENNING: Do we know what that is?
MR. YOV ANOVICH: That's the boathouse. That's the one I
showed you, the hard cover.
CHAIRMAN HENNING: Your voice changed.
MR. YOV ANOVICH: I got coached.
CHAIRMAN HENNING: Commissioner Fiala?
COMMISSIONER FIALA: Yes, just one thing: The boathouses
that exist right now -- well, there's the boathouse and then the canvas
cover.
MR. YOV ANOVICH: Right.
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Agenda Item No.7 A
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COMMISSIONER FIALA: What kind of setback are they
using presently?
MR. YOV ANOVICH: They're using the width of the boat slip
as their setback. They're built on the existing pilings, so under the
existing regulations the pilings can go to a zero setback.
COMMISSIONER FIALA: So they're set right now at a zero
setback?
MR. YOV ANOVICH: Yes. So you have a good look of what
it's going to look like.
COMMISSIONER HALAS: These boathouses that you're
referring to that presently have a hard fixed roof, are these in
compliance? Were these set up, were they permitted?
MR. YOV ANOVICH: I don't represent that parcel, so I didn't
look at the history, I'm just --
COMMISSIONER HALAS: Well, what are you representing
here as far as the parcels?
MR. yaV ANOVICH: I'm saying that right now there's already
a boathouse out there. Nobody's tagged it --
COMMISSIONER HALAS: I'm just asking which parcels do
you represent?
MR. YOV ANOVICH: I represent lots one, two, three --
COMMISSIONER HALAS: Show me where -- show me with
your pointer there what we're talking about here exactly.
MR. YOV ANOVICH: It would probably be easier if I put -- if
you look at your Page 9 of your agenda package, you will see the
shaded lots.
COMMISSIONER HALAS: Yeah.
MR. YOV ANOVICH: Those are the lots that we represent.
COMMISSIONER HALAS: I have a problem with putting
boathouses up to start with, right from the get-go. And this just
compounds it, when there's no other structures that are there, such as
a home or whatever else.
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September 9,2003
And the other thing that bothers me is the fact that these are just
lots. And I'm wondering how we're going to address landscaping
needs in that area, and keeping these docks from being rented out.
Because I can't believe that everybody up there owns two boats.
That's -- that's hard for me to believe, that a person owns two boats
for each one of these lots.
MR. YOVANOVICH: Well, I mean, that's going to be just like
any house that has two boats stored there. How do you know?
You've got to at some point either trust the people to tell the truth and
do the right thing--
COMMISSIONER HALAS: I think we have a code
enforcement problem.
MR. YOV ANOVICH: And then you have a code enforcement
issue if people are not following the rules. But the requirements on
those lots specifically prohibit the rental of those. And we're willing
to stipulate to that as part of the approval.
COMMISSIONER HALAS: I'd like to hear from the audience
here.
MR. YOV ANOVICH: We also -- Commissioner Halas, if I
may, we did offer to install additional landscaping, if that was
preferred, from the roadside. We were happy to do that. We did
attempt to meet with the nay-sayers, and there was no room for
compromise, so we're always open to compromise.
CHAIRMAN HENNING: Okay, any further questions for the
petitioner?
(No response.)
CHAIRMAN HENNING: Any questions for our staff?
(No response.)
CHAIRMAN HENNING: Seeing none, let's go to public
speakers.
MR. REISCHL: Mr. Chairman, I just wanted to wanted to put
on the record that this is one of the few times that the planning
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September 9, 2003
commission and planning staff have different recommendations, ours
being more from the safety viewpoint that we wanted to have the
hard boathouse, the planning commission went more towards the low
profile, I guess more aesthetically pleasing was the general intent. I
just wanted to put that on the record for you.
CHAIRMAN HENNING: Okay. Thank you. Let's go to public
speakers.
MS. FILSON: Mr. Chairman, we have eight speakers, the first
being Anthony Pires. He will be followed by Jim Boswell.
CHAIRMAN HENNING: Okay.
MR. PIRES: Good morning, Mr. Chairman, members of the
Commission. My name is Anthony Pires with the law firm of
Woodward, Pires and Lombardo. And with the board and
Chairman's indulgence, I'm representing 14 different property owners
in this area that are opposed to this request, and I would request some
additional consideration at this time, perhaps 10 minutes. I believe
the petitioner went approximately about 15 minutes or so. I'll try to
keep within the 10 minutes, with the board's indulgence.
CHAIRMAN HENNING: Please.
MR. PIRES: Thank you. Within this particular application we
have serious concerns. We raised those concerns before the planning
. .
COmmISSIon.
One of the primary concerns, some of them -- some people may
say gee, Tony, you're being hyper technical, these are just legal
arguments, but I think they are important issues with regards to your
process and the process generally.
A variance is for the desire to waive or get a modification to a
particular Land Development Code regulation to enable the property
to be utilized that may not otherwise be usable. You would have to
show unique land-related hardship not caused or created by the
applicant. The staff, in its executive summary to this board in its
package said, there is no land-created hardship.
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Additionally, it is difficult to see, when you have an application
en masse of 25 with one variance fee of probably $450, how each
one is unique. No individual parcel has been identified for its unique
characteristics.
Also interesting, in the time that I have practiced in front of this
board and other boards, I've always been required to and I always
thought I was compelled to and appropriate to, in order to show the
nature of the request being desired, to have some sort of graphic.
The existing lot, the existing setbacks, what's proposed to be waived,
what's proposed for the variance. There is no such animal in this
packet. The only graphic that is part of the application process is a
copy of the plat.
The checklist for the application says provide a survey that
shows the encroachment. There is none in this packet. It is then
difficult, if not impossible, to ascertain the effect of the variance
being granted.
What's also interesting is there are no surveys or graphics
depicting the water depths. Mr. Y ovanovich made a bald assertion,
comparable to the bald assertion made during the course of the
planning commission meeting, that there are shallow water depths.
That's also in their application. There is no evidence in the record,
no testimony that shows there are shallow water depths.
Question was raised as the ownership. I think the question was
raised as to, gee, what is that red line. I'm not an expert, but I like the
surveyors -- I like the survey lines that are part of variance
applications to ascertain property boundaries.
It is our understanding that is a bulkhead line, and that is a line
of differentiation between the property owned by the Hickory Harbor
Condominiums.
So whether it's exact or not, whether it's a tolerance of one foot,
whether it's a tolerance of two feet, prima facie on its face, based
upon the documentation from the property appraiser's office, part of
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September 9,2003
these boathouses and part of the proposed extensions go into property
which is controlled by a bulkhead line possibly owned by Hickory
Harbor Condominiums.
I'm not telling you that is the answer, but I'm telling you that if
you had an application that provided the requisite data, you would
know that, as opposed to guess, surmise and guess and by golly.
That's what the applicant is wishing you to do.
The applicant has not indicated and shown any graphics as to
how this would look in its relationship to adjoining properties and to
the residential properties and communities to the west and to the east.
What kind of effect would be created in a single-family residential
community?
Mr. Y ovanovich says Vanderbilt Condominium are happy, the
mid-rise, high-rise people are happy with types of covered structures
in their boat basin, but they are not this residential community of a
long-standing nature, about a 50-year-old community that does have
a canonization effect caused by boathouses that could occur by virtue
of this application.
Additionally, the application itself concedes that boathouses do
not qualify for the use. In essence they're asking for a use variance,
which is not allowed by law, as opposed to a variance merely from
the requirement.
In the application -- the variance petition, the applicant himself
said due to the size of these lots, and inability to provide a primary
structure on them, they do not qualify for boathouses under the
current rules. The current rules provide a definition of boathouse,
and I'd like to introduce that into the record, and I will have a copy
for the record. Boathouse: A roofed accessory use to a residential
structure. It's not accessory to the dock, it's accessory to a residential
structure.
Our position is if they wish to have boathouses, they need to go
back to a conditional use process, because the original conditional
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September 9, 2003
use didn't even say docks. The original conditional use allowed for
boat launching facilities. At the time the conditional uses were
approved, the conditional uses authorized -- had the ability to
authorize either boat launching facilities or multiple docking areas.
Multiple docking areas were not authorized as part of that prior
conditional use process. So we're saying, and our position is, the
boathouse can't even be allowed.
What I also fmd interesting is that Mr. Y ovanovich asserts and
the applicant has asserted that well, we'll give you all the data you
want when we come in for the boat dock extension request.
My response to that is why not provide it now when you're
asking for a variance. Let's do it all at one time. And I can see the
argument later on as to why the boat dock extension request should
be granted. It's hey, we told you it was shallow, you granted a
variance based upon that representation, how can you now deny us a
boat dock extension request? I think it will be difficult to do. And it
may even be an issue about res judicata or collateral estoppel that
you allowed this to occur before.
There's been no evidence or testimony of hardship. The
applicants have never even testified before the planning commission
or even today. The staffhas found no land-related hardship, and the
court cases are replete with the fact that a hardship needs to be shown
in order to have a grant of a variance application.
Mr. Y ovanovich -- and I'd like to introduce into the record also
some additional photographs. One's a little closer up. I had
problems with my computer this morning printing the full size out.
But if I could go to the visualizer and not fall over the new podium,
which is very nice, by the way. Thank you.
I believe this one shows the red line in greater detail as we come
closer to that. What it also shows is something that wasn't disclosed.
The lots may extend down to the water, but there are seawalls there.
Again, when you start measuring where is the boat dock extension
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Agenda Item NO.7 A
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September 9, 2003
going to be made from? From the property line in the future, from
the existing seawall line, from the existing shoreline? And where
this is variance from? There are just too many unanswered
questions.
You have a process where it's designed to have each individual
come in on their own accord, on their own merits, lot by lot. This is
akin to a neighborhood of 25 homes where people want to change
setbacks as to their garages. And they come in with 25 applications
all in one, without any drawings, without any surveys and say, you
know, we got pretty skinny lots, we want to put garages on them
closer to the side yard setbacks. Trust us, we'll do the right thing.
Each one needs to be weighed on its own, each one needs to be
evaluated on its own. So therefore, we believe that this application
should be denied in its entirety.
Mrs. Maggio from -- will be one of the speakers who will have
some additional information about the question I think Commissioner
Halas raised about the one covered structure that's a hard structure
that was used by Mr. Yovanovich as an example. We believe that's
an unpermitted structure, and that's part of the problem that's been
going on out there.
In summary, based upon all the -- the deficiency in the
application, the failure to comply with the requirements of the
ordinance for the application, the failure to show a land-created
hardship, the failure to show a non self-created hardship, all they
want to do is they want to put more boats on their lot. Their
application even says that they're not -- they're usable. They can be
used. They just want to put two as opposed to one. And they want to
cover it. They've shown no real hardship, no individual application
has been provided.
We respectfully request then that you deny this petition, and if
they wish to submit, submit each one on their own merit, have each
one evaluated on their own merit with the requisite data.
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September 9, 2003
Once again, I've never seen a variance application without
supporting data showing what it's going to look like, what effect it
will have. Thank you.
CHAIRMAN HENNING: Thank you.
MR. PIRES: And also, I have some items that I'd like to make
part of the record -- thank you, Mr. Mudd -- the photographs,
correspondence I provided to the planning commission, and the
transcript of the planning commission hearing, a verbatim transcript.
And I'll give those to the court reporter with the Chairman's
indulgence.
CHAIRMAN HENNING: Thank you.
MS. FILSON: The next speaker is Jeff Boswell.
CHAIRMAN HENNING: Followed by?
MS. FILSON: Jeff Garard.
MR. BOSWELL: Good morning, Commissioners, my n~e is
Jim Boswell. I reside at 270 Third Street with my family. I'd like to
point that out to you, that is the stealthy looking building right there
on the plat.
It's a two-story stilt home. I've owned the property for 18 years,
I've lived there for the past seven years. I guess I should have
brought some photographs, but obviously, based on that
photographic plat there, you can have some idea of my view down
the street.
Obviously I have no opposition to any type of structure being
built on there as far as a cover to protect people's boats. I presently
don't own a boat. Hopefully in the future I will. But I don't have any
opposition to a soft cover or a hard cover.
If I haven't -- if it seems as though all of a sudden I popped out
of nowhere and -- when I had an opportunity to supposedly attend
any of the meetings at the Bonita Shores Association, that was
because I was not invited, So I would have been there to show an
opposing view, but I simply wasn't invited.
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There's quite a bit of history in regards to these, obviously. A
lot of the things that have been brought up here had already been
resolved through the petition that Mr. Davy and I had brought forth
years ago when it was determined that this RSF -4 zoning had been
applied to these properties when the Land Development Code had
been adopted back in the Seventies. That was arbitrarily applied
because these simply were not recognized at that time. Nobody
knew really for any purpose that they existed. That's why we've had
to go through a lot of these jumping through hoops, is because they
simply weren't recognized and taken care of at that time.
Mr. Davy and I, during the period of getting these lot lines
adjusted in order for us to better utilize these properties, followed the
recommendations of the planning commission. So we've followed all
of the rules along as they've been posed to us.
Anyway, I don't want to take any more of your time. I can't get
into a legal dispute here. That's for our attorney to do. But I just -- I
did want to bring you up to speed on a little bit of the history as
someone who lives right there on the street and overlooks these lots.
Nobody else has that vantage point. I do. Thank you.
CHAIRMAN HENNING: Thank you.
MS. FILSON: The next speaker is Jeff--
CHAIRMAN HENNING: Commissioner Coletta has a
question, sir.
COMMISSIONER COLETTA: I'm sorry. Before you go, sir,
do you own one of those boat lots?
MR. BOSWELL: I own two of those boat lots. I just bought
one just in the last three months, as a matter of fact.
COMMISSIONER COLETTA: Are they the ones that are
facing your house?
MR. BOSWELL: I wouldn't say anything faces my house. Can
I point it out to you?
COMMISSIONER COLETTA: Would you, please.
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Agenda Item No. 7 A
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September 9, 2003
MR. MUDD: Tell me where you want me to move it.
MR. BOSWELL: Actually, you're very accurate, right there.
Right there.
CHAIRMAN HENNING: Thank you.
Next speaker, please.
MS. FILSON: Next speaker is Jeff Garard. He will be followed
by Emily Maggio.
MR. GARARD: I just wanted to thank you for your valued
consideration in looking at this proposal. We're just simply
requesting the rights to -- that any property owner on the water has,
and that's to protect our value and our investment in our boats. I
think it will add to the aesthetic appearance to it. And that's basically
all I have to say.
CHAIRMAN HENNING: Okay, thank you.
MS. FILSON: Next speaker is Emily Maggio. She will be
followed by Richard Stocksdale.
MS. MAGGIO: Good morning, Commissioners. For the record,
my name is Emily Maggio. My husband Frank and I have resided in
Little Hickory Shores for 34 years. I am here today representing my
husband and myself, and I am also one of the 14 households
represented by Mr, Pires, and I am here today representing the other
13 who couldn't make it for whatever reason. I have nine letters from
those homeowners. The majority of them live right there on Third
street. Two of us live on Second Street, which is where I live, and
one person who also owns a boat lot lives in Bonita Shores. Most of
them are out of town; one had a hip replacement, the other is
chaperoning her child's class. So these are their input other than
what I and our attorney have to say,
Let me start out by saying, first of all, we as homeowners knew
when we moved there that these boat dock lots were there. The
Walker family who developed this subdivision, when they extended
Third Street created those lots.
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We have, as residents there, no objection to those lots being
used for the docking or launching of boats. We knew they were
there. People pay taxes on their property, they're entitled to a use.
We have no objection to that. However, and I have here a copy of
the original provisional use that was given, and it was for boat launch
facility. All other code requirements were required, only that they
could have a dock without a principal structure.
We feel that that was reasonable. However, when the county
went forward and gave them zero lot line, we felt that the county
went beyond reason and beyond good judgment. And I'll explain
why.
That's kind of a big view. I'm going to give you a closer up.
When the county granted zero lot line to these boat lots, they in
effect gave these boat lot owners more rights than the residential
homeowners in that neighborhood. We have no variance and no
right to build anything lot line to lot line. And I believe that if we
were to come in here en masse and ask for a variance to build
anything lot line to lot line, I sincerely can't imagine the scenario
under which you would grant such a thing.
The second thing they did which makes their decision
irresponsible, you look and you see what's there now. With zero lot
line -- and you'll see three boats in one and you'll see the roofs. And
just imagine when every one of those lots -- and the majority of them
so far are not developed -- but when they're all developed, the reality
is you're going to have what you see, lot line to lot line to lot line.
One boat catches fire, just one, just one, what are you going to have?
A disaster. You add roofs, you're only adding fuel. You put them
50 feet out in the water and you're making it dam challenging for the
frrefighters. And I'm not just pulling wool. My husband was the fire
commissioner of the Little Hickory/Bonita Shores Fire Control
District for 21 years and was a working firefighter. It is a real
danger.
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September 9,2003
The county was irresponsible to give these boat lot owners more
consideration than they gave to the residential lot owners in that
residential neighbor. You plopped -- the county plopped -- not you
particularly, but the county plopped a terrible fire hazard right in the
middle of our neighborhood. I don't think anybody would want that.
As far as this issue of renting, which is another concern, this
will become commercialized. I want to show you an ad that
appeared the beginning of this year. It is for one of these boat dock
lots. They are 30 feet by 20 feet is the plat. I don't know where
somebody came up with 45 feet. There may be one that's 45 feet.
The majority of them are 30 feet. This is for a boat dock lot. The
price is $239,000. I won't read the whole description to you because
it's directions, you take Bonita Beach Road, blahbidy blah, and it gets
you right there to those dock lots. The remarks: This is a unique
opportunity to own great boating access dock with two lifts. Buy one
for your boat and rent the other out. The dock has a chickie hut for
relaxing after a long day of boating. Water and electric. Beautiful
bay view. This is a perfect solution for the closing of Wiggins Pass
.
manna.
Anyone who -- these people who own these lots right now may
not want to rent them. They're not going to own those lots forever.
And if you don't think that this is where we're going, you're ignoring
the obvious.
I would like to show you also this, which I got from zoning.
Michelle Arnold sent it to me at my request. This is a list of all the
zoning violations that have taken place on those boat dock lots from,
what is it, '98 to --
MR. MUDD: 5-98 and it goes down through 5-01, at least on
the fIrSt page.
MS. MAGGIO: That's it. It is replete with building permit
violations, and the second largest infraction is renting. And we're not
talking about phantom owners; some of these people that are here
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Aoenda Item No.7 A
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September 9, 2003
before you today are those violators.
CHAIRMAN HENNING: I'm going to ask you to wrap up,
please.
MS. MAGGIO: Yes, I will. I realize it's long.
You do not need a variance, a boathouse or a 50-foot dock to
clean up your property, to plant trees and to improve its appearance.
You do not need a variance, a boathouse and a 50-foot dock to install
security lighting. You don't need a variance, a boathouse and a
50- foot dock to protect your boat from the elements. Boat covers are
available and widely used.
You do need a variance to build a boathouse on these dock lots,
you do need a variance to cure the zoning violations from which this
petition emanates. This is a zoning violation.
And if I could ask, aren't those canvas covers illegal? I believe
they are.
You do need a variance to extend a dock 50 feet into the
waterway. Ask yourself, why do existing docks that are being used
and are apparently functioning quite well need to be extended to 50
feet? Why do non-existent, and as yet unplanned, docks need a
variance to extend to 50 feet? Where is the hardship that requires a
variance to the law?
Most of the docks are still vacant, there's nothing there. There
are no plans in evidence to show what will be built, when or by
whom, the current or the future owner. So why do empty lots need a
variance? The variance will be in essence a blank check.
The final thing I have here is a copy of the Little Hickory
Shores deed restrictions. It requires a principal residence before any
other structure, and it also requires setbacks. We may have been
asleep a couple of years ago, we are awake and organized. We can
and will do whatever is available to us to enforce our deed
restriction. Thank you so very much for your kind attention.
CHAIRMAN HENNING: Next speaker?
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MS. FILSON: Next speaker is Richard Stocksdale. He will be
followed by Dennis Santos.
MR. STOCKSDALE: Good morning. My name is Richard
Stocksdale and I'm a resident of the condominiums that are facing
here.
There's 51 condominiums there and I represent a group in that to
say to you as commissioners that we are not in favor of looking out
our condo windows into a Tin City atmosphere which could be
created by the fact that they're building these covers over these boats.
And one is a hard cover and the other one is a soft cover. We have
25 slips that belong to our condominium association, and we have no
need for any covers and no desires to put in any covers. So we're
opposed to the fact that the covers may exist.
The other option we have -- or opposition we have is the fact
that we're taking a community and we're inviting people into the
community that really don't have any interest in our community to
dock their boats. They have a right to dock their boats, but we're
saying that you -- that's going to create a traffic condition on Third
Street, and these boat docks are going to create an unsightly thing
that we don't appreciate. Thank you.
MS. FILSON: Dennis Santos. He will be followed by John
McCrohan.
CHAIRMAN HENNING: Mr. McCrohan, if you'd come up and
stand by the next -- or the speaker before you, we can speed up and
get some of the speakers in on a timely basis.
MR. SANTOS: Good morning, if it's still the morning, I'm not
sure. My name is Dennis Santos, I am the president of the Bonita
Shores Boating Association, and our association is right in this little
area right here. It was donated to --
CHAIRMAN HENNING: Sir, you have to be by the mic.
MR. SANTOS: Oh, I'm sorry. It was donated by the Walker
family to the association back in the Seventies, I guess, Sixties. We
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are a volunteer board of directors, and we're appointed by boating
association members.
I'd like to say that this has been difficult for all of the board
members, because we have friends in the boating association, and we
are very concerned about everything that's been brought up today, by
the traffic, the commercialization and all that other stuff.
We have petitions, basically 45 people have signed. I'd like to
leave these with you folks, if I may. Those are signed by members of
the boating association. And I believe there's 45 signatures there,
and we have approximately 70 members.
COMMISSIONER FIALA: Are they for or against?
MR. SANTOS: They are against it. They are against it.
As the boating association, we're really concerned about the
impact it would have on our land, because we are -- you know, we
try -- we maintain that land fairly well, and we're just really
concerned about the parking, the street activity, if it does get to the
point where everybody is buying up these lots and installing boat
docks. From what we understood, that Mr. Davy -- and which it
wasn't brought up and correct me if I'm wrong.
MR. MUDD: If you do it over here, please.
MR. SANTOS: I'm sorry. I'm not used to this.
He -- the one he's mentioned is the one that is on the bay side,
but we also understand that he owns -- I think the bay side, that green
right there, the bay side. He also owns two lots on the bay. Now, I
guess this kind of brings to the -- the question to some of the boating
association members is that why would one individual want to own
three lots totaling 150 feet of dock space out into the water, total of
six boats? And I guess the questions are just something that have to
be answered.
Mr. Allen has approached me, and Mr. Allen -- I think he's -- he
has said to me that he's almost sorry that he ever got involved with
this because what's happened is is that I guess because of some of
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these canvas violations, he has now brought -- he has now some code
enforcement issues that he has to deal with.
So to wrap it up, t"'e boating association thinks that you ought to
vote no. That is the bottom line for us. And I thank you very much
for hearing it. If you have any questions, I can --
CHAIRMAN HENNING: Any questions by the members?
(No response.)
CHAIRMAN HENNING: No, sir. Thank you.
MS. FILSON: The next speaker is John McCrohan. He will be
followed by your final speaker, Doug Fee.
MR. McCROHAN: I'm going to read real quick so I can maybe
take a little bit less of your time.
I would like to thank the commissioners for an opportunity to
speak and be heard on the variance before you.
I am here to represent myself, John McCrohan, and my wife
Cheryl Lewandowski on this issue. We are 13-year residents of
Bonita Shores and we also own a boat dock lot down there in Little
Hickory Shores.
Weare aware of what this variance is about and what is being
asked of the Commissioners. My wife and I have always considered
ourselves as being interested and active in the community. For the
past six years my wife has served as the secretary/treasurer of the
boating association and is now the president of the Bonita Shores and
Little Hickory Shores Improvement Association.
Because of this, it has been brought to our attention that there
has been much misinformation given to the Bonita Shores and the
Little Hickory Shores community. We have had many calls to our
home to ask about the allowance of a variance to allow a marina on
Third Street with 50-foot commercial docks and boathouses.
We have tried to explain to our neighbors that there is no marina
being proposed, that these boat docks are non-commercial private use
facilities only, that the only reference to 50-foot docks is the
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limitation of how far the proposed boathouses can protrude, and that
these boathouses have no walls, just a roof,
I believe that there has been an effort to misinform and
unnecessarily alarm the community about this variance in order to
gain petitions for the opposition against it.
As a long-standing member of the community and as a voting
members of the boating association, I have not been offered the
opportunity to sign a petition for or against this variance, even
though I have made several requests.
Many of the petitions against this variance have been obtained
through misrepresentation, and the -- many of the opponents of this
variance are in fact the greatest offenders of the county ordinances
and density impacts in the community. The variance only asks that
the boat dock owners be able to protect their boats and be afforded
the same rights afforded all other water property owners in Collier
County .
I hope the Commissioners' good judgment will not be swayed in
the face of the rhetoric brought before you that has nothing to do
with this petition.
And if I may, just a quick few things. One, why would you want
two boats? Well, I like my stinky fishing boat. My wife does not
want to take my family or her family out on a stinky fishing boat.
So, therefore, she wants her pontoon boat. Two boats. You have a
three-car garage, you may not have three cars.
People say 50-foot docks. If you look at my dock, the first 13
feet of it are on land. You do not touch the water for the first 13 feet.
Therefore, I have a 50-foot dock. It does not go 50 feet into the
water, it just allows, according to the erosion of that property, to get
a 21- foot boat in the water.
During certain times of the year you can walk out on the sand,
from the land out on the sand about another 10 feet. So is the
variance -- it is by each lot and makes a difference. And the county
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takes all of this into account. And that's why we have not one survey
as to the size of the lot, but we have several surveys by different
surveyors for mean high water and how deep the water are (sic) for
each lot and each petition dock.
A zero lot line. The reason this was granted was that we could
have lifts. As many people say, gee, we can't have zero lot lines.
Well, my lot is 30 feet wide. I have a four-foot dock. I cantt have
two 13-foot slips, which is standard, I had to cut one down to 12 foot.
So now I have two lifts to hang the two boats, which is a launching
facility. I launch my boats off of those lifts.
There is a lot of misunderstanding, I think, and a lot of the
neighborhood has been come up in arms. You speak of a lot of these
petitions against. Even Mr. Santos says he has 45 out of 70 plus
members. I don't believe that he has the support of the voting
membership. I am a voting member, I have not been offered this
petition. I have asked for one and not been offered.
And I think that there is a lot more than meets the eye here. I
think there are a lot of people who have boathouses and have
canopies but don't want anyone else to have them. Not everybody
down there -- not everybody down there does not live in the
neighborhood. I do, and so do several others.
CHAIRMAN HENNING: Thank you.
MR. McCROHAN: And one other thing, if I may add, as far as
will the roofs go roof to roof to roof, I don't believe that every house
that's on the water in Collier County will build a boathouse. I don't
believe everyone who owns a lot down there --
CHAIRMAN HENNING: Thank you.
MR. McCROHAN: -- will build a boathouse. I don't believe
everyone will paint their house pink at the same time. Thank you.
MS. FILSON: Your final speaker is Doug Fee.
MR. FEE: Good morning, Commissioners. For the record, my
name is Doug Fee. I'm president of the North Bay Civic Association,
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which includes the area of Bonita Shores and Little Hickory. We
have several of our members who live in this area.
The mission of the North Bay Civic is to preserve our Florida
coastal lifestyle. I won't repeat all the specifics of the variance being
asked today; however, I wanted to point out on the visualizer, a
picture is worth a thousand words. And I have in front of you, with
all respect to the Port Royal community, a picture of zero lot line
boathouses. Many of you will remember several years ago there was
a fire that occurred. And, you know, I'm seeing a parallel here as far
as this community, And at the planning commission I spoke and I
showed this picture; it went into the public record. And a couple of
the commissioners on the planning commission tried to make a
motion, I believe, to limit the zero lot line to somehow bring in so
that we wouldn't have roof to roof. And so that was one of the things
that they discussed.
So I'm here showing you that there is an example here in the
county of zero lot line boathouses, and that is what we see along this
shoreline.
Also, I might mention, with this shoreline being -- it's not
consistent. You'll have 50 feet -- you know, so it's going to be
boathouses that are varied and so it's going to look different than this
picture in front of you. That's my point, and thank you very much
for your time.
CHAIRMAN HENNING: Thank you.
Mr. Y ovanovich, you know, rebutting all the remarks from the
speakers, I'm not sure if it's necessary. So maybe you want to just
represent some facts so the board can hear your input.
MR. yav ANOVICH: I'll just hit a couple highlights. I don't
want to rebut everything.
One, I'll let your county attorney address the process. I'm
assuming if the process was flawed, we wouldn't be here today. So
I'm assuming the county attorney's office has agreed with the
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process. .
I didn't realize you could have a canyon effect when you only
have IS-foot buildings, so I thought that was an interesting comment.
We are -- I don't know how to make this any clearer, we are not
asking for a boat dock extension today. Weare simply asking for the
right to come and ask for a boathouse. And we still have to meet the
boat dock extension criteria, one of which includes impact on view.
We're not asking for a waiver of that requirement.
To show you that ordinary people do in fact own two boats,
Mrs. Maggio has two boats at her house and I'm assuming they're
both hers, and she does have a boathouse. So if we're opposed to
boathouses, I think we ought to just go ahead and take that boathouse
down and show the community that she truly believes that
boathouses are bad things.
There are others in the area --
CHAIRMAN HENNING: I don't know if that's necessary. Just
give us the facts, please.
MR. YOV ANOVICH: Okay. Well, I guess the reaction was is
people are saying we don't want boathouses and the people who are
saying that own them. And I think that's the point I was trying to
make. I apologize if it came across a little stronger than that. But
this has turned into -- I'll leave it at that.
Mrs. Maggio pointed out that code enforcement does work.
There have been people who were cited for illegally renting boat
docks, so your code enforcement staff is handling the situation.
We've already addressed the commercialization. This is not a
commercial marina. The traffic is going to come there to serve those
boat docks anyway, because there's still going to be boat docks.
We're just talking about a cover to the boat dock. It doesn't affect
traffic and it doesn't affect the number of boat docks that are going to
be out there.
And finally, you know, the Bonita -- the Bonita Shores Boating
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Association; or Boat Association, I may have the title incorrect --
candidly is the biggest traffic offender because their members come
to their launching facility and park there and they come there and
there's more members and users of that boating facility. So a lot of
the traffic issues are related to one of the associations that are
complaining.
We do have a land-related hardship. Mrs. Maggio pointed out
that I overestimated the size of the lots at 40 feet. They're smaller.
They're 30 to 35 feet. They're small and they can't have a principal
structure. I don't know what other land-related hardship you can
have when it involves the particulars of a boathouse because you
have to have a principal structure and you have to meet the setbacks.
They're too narrow.
I can testify to all those pictures. I've been on that waterway, I
have seen all that. My testimony is evidence. I don't know that there
was any other evidence presented contrary to what I stated. And we
need to focus on the criteria, not issues related to a boat dock
extension, not issues related to traffic, not issues related to
commercialization. Because frankly, none of that is applicable to
what we're asking for. And if you have any questions of me, I'm
happy to answer it. .
CHAIRMAN HENNING: Commissioner Halas?
COMMISSIONER HALAS: I'm a little confused here. What
staffhas given me is an objective here, and it says the petitioner
requests a 15- foot variance from the required 15- foot required side
yard setback for a boathouse to 0 feet to 30 feet variance from
20- foot maximum protrusion from the boathouse to a maximum of 50
feet.
MR. YOV ANOVICH: Correct.
COMMISSIONER HALAS: For the boathouse lots, which
cannot support a single-family home. But you just said that you
didn't want the extension, but yet in this information here, it says a
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maximum of 50 feet.
MR. yaV ANOVICH: Let me explain that to you, okay? What
they're saying is that if a boat dock extension is granted for 75 feet,
you can't have a boathouse go out more than 50 feet. That's what the
50- foot limitation is on.
COMMISSIONER HALAS: Fifty foot into the water.
MR. YOV ANOVICH: Into the water, correct. If you get a boat
dock extension for 70 -- let's say 100 feet, you couldn't come in and
ask for a boathouse at the end of that dock. So that lot, by definition,
could not have a boathouse.
Now, regarding the side setbacks, if the lot is 30 feet wide and
you have 15 feet on one side and 15 feet on the next side, that's 30
feet. You have a zero house.
COMMISSIONER HALAS: The other question I have, I do a
lot of boating in this particular area, and I can assure you that the
only way that I can get back over here to the Back Bay Marina to
pick up fuel or go to the fish house, is I have to run my -- as it stands
right now, I have -- when I take my boat out, I navigate as close to
those docks as possible, because that's where the deep water is. You
go to the north of this area and you run into shoals.
MR. yaV ANOVICH: And Commissioner Halas, that is also
something that will be addressed when someone asks for the boat
dock extension, how far out can they go, and will they impede the
traveling boat traffic. And if they will, they will not get a boat dock
extension.
CHAIRMAN HENNING: Okay, any further questions?
Commissioner Coletta?
COMMISSIONER COLETTA: Yes, if I may, I'd like to
address this question to our county attorney.
MR. WEIGEL; Thank you.
COMMISSIONER COLETTA: Mr. Weigel, was there anything
here in this process of asking for this variance that gave you concern?
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MR. WEIGEL: No. Mr. Y ovanovich is correct that their
petition has come through the process properly, and they have
provided, as -- in their submittal that which is required under the
Land Development Code.
If I may comment, Mr. Pires has indicated that he felt that there
was information that wasn't provided that may, in prior submittals of
a similar nature for a variance, have been provided to the Board of
County Commissioners or the planning commission, which assist
them in making their determination. That information is not required
under our code and, therefore, is not a deficiency in allowing the
petition to go forward.
Mr. Y ovanovich has, in responding to the most recent questions,
has again stated, and correctly, that there is a petition process that
goes forward with the planning commission, I believe, in regard to
the length of extension that may come to be requested at some future
point, and it will most expectedly have all of the issues relating to
depth of water, relating to the appropriateness of the length of
extension request, and that that is not a question that's actually
formally before you today in regard to testimony of depths of water
and things of that nature.
They have discussed, the petitioner requests, the ability to
construct, and the placement of a boathouse in regard to the
extension that may occur would come at a later time and have some
limitations based upon what you would provide today, if you were to
approve the variance.
You've had discussion in regard to whether there is a hardship
related to the land or not. That is a decision that you have in every
variance petition that comes before you.
Is there -- is it a property owner created hardship or is it a
hardship that, as we say, runs with the land, appears as part of the
facts of the property that exist?
You have on the record from various testimonials made here
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that the property has limitations, it does have some use that is
allowed for it presently, it cannot -- although it's within an RS-4
zoning area, it is of too small dimension to support residential and
other principal uses for that parcel.
There have been -- the board, as Ms. Maggio and others have
pointed out, have approved certain uses related to launching of craft
into the water. Those pertain to these properties today. And I think
that's my summary.
CHAIRMAN HENNING: Thank you.
Any other questions?
COMMISSIONER COLETTA: No, just a comment, if I may. I
was very pleasantly surprised about how code enforcement's been
actively involved in that area, when I seen that list of violations. And
regardless of what the outcome of this Commission's decision will
be, I hope that they continue that effort.
CHAIRMAN HENNING: Okay.
Commissioner Fiala?
COMMISSIONER FIALA: Yeab, I'll just make a comments
also.
CHAIRMAN HENNING: We'll close the public hearing, if
there's no further questions of staff.
MR. YOV ANOVICH: Oh, youtre done? I didn't hear that, I'm
sorry .
CHAIRMAN HENNING: Well, we haven't -- haven't closed
the public hearing. But if we don't have any questions of staff or the
petitioner, then we can --let's close the public hearing and make our
comments and formulate a motion.
Entertain to close the public hearing. Any objections?
(No response.)
CHAIRMAN HENNING: Seeing none, the public hearing is
closed.
Commissioner Fiala, thank you.
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COMMISSIONER FIALA: Thanks. I'm really wrestling with
this. One of the reasons is because we're trying to encourage boat
access, and we find that there are less and less areas where people
can park their boats -- I dontt know what the proper word is.
CHAIRMAN HENNING: Moor.
COMMISSIONER FIALA: Moor their boats. I'm not a boater.
And yet we try and protect property rights. Everybody on this --
on these 33 lots already has a right to build a dock, from what we've
heard today. They have a right to have two boats on each dock,
while at the same time they are prohibited from renting them.
Obviously not everybody has taken that prohibition seriously, but
they are prohibited to do that.
We want to protect these people in the area by not encourage --
or by prohibiting -- let me use that word strongly -- by prohibiting
any marinas or any commercial activity whatsoever. Yet at the same
time I'm putting myself in the people who own these lots' shoes. And
I'm thinking, you know, if I had a boat dock, I would sure like
something to cover my head and just to protect me while I'm cleaning
my boat, while I'm cleaning my fish, whatever it is, and to protect the
boat itself and possibly lift it out of the water so that you can protect
the engine.
I took a look at the boathouses up close and personal. I wanted
to just see with my own eyes. Actually, I didn't find them offensive.
A lot of them were shrouded by all of the mangroves that are there
already.
And so I'm having -- I'm really wrestling with I want to protect
these people's right, but I think we can put limitations on these
boathouses. All they're doing is requesting boathouses now, they're
not talking about docks or anything. We can put limitations as far as
rentals, marinas and commercial activities, as well as the structure
itself, and maybe we can come up with a compromise for both sides
here.
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CHAIRMAN HENNING: Commissioner Coyle, then
Commissioner Halas.
COMMISSIONER COYLE: You know, this, in my opinion, is
not an issue of boat access. The boat access will occur whether
there's a boathouse and a boat cover or not.
The problem I have here is that the fundamental principles
which lead us to allow boathouses for single-family residents are
substantially different when you're talking about a boat lot that is not
-- does not have a principal residence, and is substantially narrower
than a principal residence.
And to summarize that essentially, I'm saying that I believe it's
necessary to have different requirements for a lOO-foot wide lot
rather than a 30-foot wide lot. So I think there are reasons why these
smaller lots should not have the same privileges that a larger
residential lot might.
But in fact, the rights of these property owners has been
extended by prior commissioners to include rights which don't exist
for anyone else, which is zero lot line construction.
I think the owners of these lots are very fortunate to have the
lots in a place to launch their boats. I think it's a good thing. But I
think if you push the envelope too far, you might lose some of those
rights. And I think the envelope has been pushed about as far as it
needs to be pushed, quite frankly.
I think the zero lot line issue was probably a mistake by a prior
commission, and to compound that by permitting the construction of
either soft covers or hard covers and line them up along a shoreline in
this manner in the midst of a residential community leaves the
impression of a commercial marina sitting right there in the middle of
this community.
I'm a boater too, and I've been out there and I've spent time
looking at these things, and the people have some pretty nice docks
there. And that's good. But I don't have a boathouse. I've had the
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boat there for almost 10 years. I don't have a boat cover -- a cover
over the boat. I have a boat cover that protects my boat.
Boathouses are no longer even permitted in all of the City of
Naples, nor are boat covers of any kind. There are thousands of
people who have boats and they do not have covers over their docks,
and they survive quite well, and they launch their boats quite well,
and their boats survive.
So I have to tell you that I'm not excited about continuing this
progression of variances which started back some years ago. I think
it's gone as far as it should go.
CHAIRMAN HENNING: Commissioner Halas?
COMMISSIONER HALAS: I concur wholeheartedly and I feel
the same way, that I think boathouses have gotten to the point where
they're getting out of hand. And I hope some day that we can change
the codes accordingly.
I also look at these lots that -- again we're affording the ability
here of the people that own those lots to build docks in current
standards that's available to them, and I don't feel that we need to
push the envelope any farther, as Commissioner Coyle said here.
But I think also, this is just a tip of the iceberg in regards to
what this county is faced with in the upcoming years with access to
the waterways. I think this is just the start of what we're involved
with as we find that land values near the water increase in value to
the point where we lose a lot of these precious marinas, whereby
people could store boats and keep them covered in commercial
storage.
I'm doing everything possible to ask individuals that presently
have any type of marinas to try to expand on that so that we can have
additional boat storage. So I think this is only just the beginning.
And I also look that this is a residential area, and if you look at
what they have there, they have a nice home and they have a boat
dock and possibly a boathouse in the back of their yard, which is
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afforded them through the codes as they presently are in the
community .
But when you look at a lot that's strictly defined as a boat lot, I
have to go along with Commissioner Coyle, that where this lot is
strictly a boat lot, they should not have the same requirements or they
shouldn't have the same requirements as somebody with a house. So
that's where I stand on that.
CHAIRMAN HENNING: Okay, great.
I'm going to ask for a motion here, and then before I do that, I
just want to give my two cents. .
This is an accessory use to a principal structure. There is no
principal structure. If the property is assessed as residential property,
there is no resident there, accessory use, how can we approve this
accessory use? Just like if I had a lot in Golden Gate Estates, can I
put a garage up there without putting the house up? I can tell you
that I would catch holy heck by neighbors around there if I tried to
do that. Couldn't get a permit. And can you imagine trying to get a
variance? What would it look like, a commercial operation for
storage?
COMMISSIONER COYLE: Put it on your neighbor's lot. His
garage is on your -- .
CHAIRMAN HENNING: His shed is. That's where the
property appraiser's lines are.
But anyways, with that I'll entertain a motion.
COMMISSIONER HALAS: I entertain a motion for denial.
CHAIRMAN HENNING: Is there a second?
COMMISSIONER COYLE: I'll second.
CHAIRMAN HENNING: There's a motion by Commissioner
Halas, second by Commissioner Coyle for denial. Any discussion on
the motion?
(No response.)
CHAIRMAN HENNING: All in favor of the motion, signify by
Page 69
Agenda Item No.7 A
September 13, 2005
Page 65 of 74
September 9, 2003
saymg aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COYLE: Aye.
CHAIRMAN HENNING: Any opposed?
COMMISSIONER COLETTA: Opposed.
CHAIRMAN HENNING: Commissioner Coletta opposed.
We have an agreement with our court reporter to give her a
break every so often. I think this is the so often. So let's take a
five-minute break.
MR. MUDD: Commissioners, if you may, I'd like to jump to
lO(E) after the break.
CHAIRMAN HENNING: Sure.
MR. MUDD: After that item we can start the Parklancls issue.
CHAIRMAN HENNING: Okay.
(A short recess was held.)
CHAIRMAN HENNING: Everybody take their seats, please.
Weare moving on to --
MR. MUDD: Item lO(E).
Item #lOE
APPROVING DONATION AGREEMENTS AND ACCEPTING
W ARANTY DEEDS FROM OLDE CYPRESS DEVELOPMENT,
LTD., FOR OLD CYPRESS UNIT ONE, TRACT R-3, TRACT 0
AND A PORTION OF TRACT R-l FOR THE PURPOSE OF
FUTURE RIGHT-OF-WAY TO BE KNOWN AS LOGAN
BOULEVARD NORTH AND TO APPROVE A LANDSCAPE
MAINTENANACE AGREEMENT WITH OLDE CYPRESS
DEVELOPMENT. (NORMAN FEDER, ADMINISTRATOR,
Page 70
Agenda Item No. 7A
September 13, 2005
Page 66 of 74
March 16~ 2004
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Boathouse Workshop
Board Meeting Room E, 3 rd Floor, Administration Building
3301 Tamiami Trail East, Naples, FL 34112
9 o'clock a.m., March 16,2004
LET IT BE REMEMBERED, that the Collier County Board of County Commissioners, in and
for the County of Collier, having conducted business herein, met on this date at 9 o'clock a.m.,
in WORKSHOP SESSION in Board Meeting Room E, 3rd Floor, Administration Building, 3301
Tamiami Trail East, Naples, Florida, with the following members present:
Chairman: Donna Fiala, Chairman~ District 1
Fred W. Coyle, Vice Chairman, District 4
Frank Halas, Commissioner, District 2
Jim Coletta, Commissioner, District 5
Absent: Tom Henning, Commissioner, District 3
Collier County Staff: Joe Schmidt, Administrator Community
Development and Environmental Services; Susan Murray, Ross
Gochenaur, Zoning and Land Development Review; Brad Shiffer,
Planning Commission, Dwight Richardson, Planning Commission
Page 1
Aqenda Item No.7 A
September 13, 2005
Page 67 of 74
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
~
WORKSHOP AGENDA
March 16, 2004
9:00 a.m.
Donna Fiala, Chairman, District 1
Fred W. Coyle, Vice-Chair, District 4
Frank Halas, Commissioner, District 2
Tom Henning, Chairman, District 3
Jim Coletta, Commissioner, District 5
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM
MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER
WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE
AGENDA ITEM TO BE ADDRESSED.
COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED REQUIRES
THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING
ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE
BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO
THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON
THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION
TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF
THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS".
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WIDCH 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.
1
March 16, 2004
Agenda Item No.7 A
September 13, 2005
Page 68 of 74
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
T AMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMP AIRED ARE AVAILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
I. StafI Presentation/Overview of Boathouses
2. Code Enforcement Update - Canvas Boathouse Covers
3. Public Comments
2
March 16, 2004
Agenda Item No.7 A
September 13, 2005
Page 69 of 74
March 16, 2004
The Collier County Board of County Commissioners, Boathouse Workshop meeting was called
to order Tuesday, March 16, 2004 at 9:00 a.m. by Commissioner Coletta. The Pledge of
Allegiance was said. An announcement was made that Frank Cavork, the Big Corkscrew Fire
District Chief passed away. He was a dedicated public servant. He did great stuff for the
community, his fire district, and it will be a tremendous loss for this community.
1. Staff Presentation / Overview of Boathouses
Ross Gochenaur, Zoning and Land Development Review - gave the LDC definition of a
boathouse as "roofed accessory used to a residential structure adjacent to a waterway,
open on all sides, and providing covered protection to a boat and accessories". It is
basically utilitarian. Prior to 1996, boathouses were approved administratively. In 1996
the board directed that it be made a conditional use. This only lasted for a little less than a
year. During that time, there were only five (5) boathouses approved In 1997, the board
directed that a petition be presented to the Planning Commission. At this time, criteria
was developed to try to control boathouse approval. Those criteria are basically the same
that are in place today. Mr. Gochenaur listed the criteria, and showed slides of boathouses
that were approved, after-the-fact approval, legal nonconforming, permit status uncertain,
or illegal. Since the code change in 1997, changing to petition under current criteria,
eighteen (18) boathouse petitions have been approved, and one (1) denial. The question
of prohibiting boathouses in the county was primarily a response to concerns of the
property owners in the Vanderbilt Area. Their concerns are impact on view, impact on
property values caused by perceived degradation of view, and aesthetics. The proposed
action is to prohibit boathouses as a permitted accessory use in Collier County. Similar
bans were imposed in Naples and Marco. Naples banned boathouses in 1967. They
currently allow what is called a boat shelter, which is a cover an inset boat slip. There are
very few of these boat slips in Collier County and getting new inset boat slips in
problematic, depending on the permitting agencies involved. According to today's code,
if you had such a slip and you wanted to put a cover over it, that cover would have to
meet the setback for the principal structure, which would really be prohibited in most
cases. So practically speaking, these aren't really a consideration in Collier County.
Marco banned boathouses in 1998 with the concerns of obstruction of view and general
aesthetic considerations, becoming unsightly as they deteriorate, and failure of poorly
built or aging structures in bad weather. The last two (2) are pretty much the
responsibility of the property owner and that can be applied to any structure. The county
doesn't particularly like unsafe structures, whether they are garages, sheds, or
Page 2
Agenda Item No. 7 A
September 13. 2005
Page 70 of 74
, p-
March 16~ 2004
boathouses. The existing development criteria for boathouses focus on the impact on
view and aesthetics. They also provide guidance for property owners who want to
construct boathouses. The physical placement and the construction are addressed. They
are entirely objective criteria as they stand now. They provide directions for creating a
boathouse design that would meet code. They enable the planning commission to
adequately evaluate each application. They limit appeals of decisions of the planning
commission that could be based on allegations that their decisions weren~t based on
competent and sufficient evidence. They can avoid potential1itigation if the appeal were
denied by the board. There is the obligation to tell property owners what they need to do.
Control of view and aesthetics by setback, protrusion 1imit~ height limit~ limiting the
number allowed on the property~ prohibiting enclosure, roofs must match the roof to the
house or be chickee, and by siting the boathouse so that it has the minimal impact
practical on adjacent property owners. The impact of a countywide ban would limit the
ability of property owners to protect valuable property. The boats are valuable. The
boathouses are practical. The ban would also render existing boathouses legally
nonconforming. Alternatives were considered, none of which were particularly appealing.
There is the possibility of limiting it to a specific area through a zoning overlay, but an
overlay that addressed a single accessory structure would probably not be desirable.
Limiting roof area was considered, but since the view of the boathouses from the side, the
actual roof area in terms of square feet doesn't have a great impact on the view and
wouldn't make a great difference. Restricting boathouses to lots that have a certain
amount of waterfront was considered, the larger lots would be allowed to have
boathouses and the smaller lots would not. The Vanderbilt Beach area has relatively large
lots and the zoning district requires a minimum of eighty (80) feet and the platted lots are
larger. The end result was that if they tried to ban on the base of waterfront footage, the
only place that boathouses would be allowed, in the entire county would be Port of the
Islands. Current status, the Land Development Code allows a boathouse to be completely
built within the original envelope and the original dimensions. Alternatives to the Current
Code Treatment of Legal Nonconforming Boathouses are that we can prohibit
reconstruction and repairs entirely. We can allow reconstruction and repair with
administrative approval, or we can allow them with Planning Commission or Board of
Zoning Appeals approval. Charlotte and Lee County don't control boathouses, or have no
ban on boathouses. The City of Marco and the City of Naples do. In Naples,
reconstruction of existing boathouses is simply not addressed, which Mr. Gochenaur
takes to mean that it is not permitted. Marco allows reconstruction of boathouses in
stages, if you had a building permit to begin with, you can apply to the Zoning director or
the Planning director for permission to do it. If there is a building permit, but no
certificate of completion, it would require Planning Commission approval. If there is no
building permit, then it requires the approval of City Council as well as the Planning
Board.
Page 3
Agenda Item No.7 A
September 13, 2005
Page 71 of 74
March 16, 2004
We need your guidance on the following:
Prohibit Boathouses or eliminate boathouses, or both
Prohibition would be no new boathouses
Elimination would be removal of existing boathouses as well
Aspects to consider here:
Should they be grand-fathered in or
Consider amortization
For existing structures, what would be the build back policy
Would this be a countywide basis or
Apply this to specific areas
Commissioner Donna Fiala - Isles of Capri has more boathouses than any other place in
the entire county, even combined, and it has never been a problem on Isles of Capri.
Commissioner Fiala would like to talk to the people that live on Isles of Capri before
there is any decision made. That would greatly affect that community and the property
owners are happy the way they are now.
Commissioner - has tried to get a response from people in his district, positive or
negative. He expressed concern about this being countywide, and is inclined to agree
with Commissioner Fiala. This appears to be a problem that is inherit to the coastal area,
Vanderbilt Beach.
On overlay in the Vanderbilt Beach Area, and in District Two (2), that would include
Bonita Shores was suggested. Commissioner Fiala would support this.
Commissioner Coyle - If Commissioner Halas believes that his community would like
to eliminate these, Commissioner Coyle would be happy to support him on this, but
would be reluctant to a countywide ban without speaking to the community of Haldeman
Creek. The issue in Vanderbilt Beach has been clearly defined. It is not the first time that
it has been presented to the Board of County Commissioners.
Pubic Speakers:
Susan Stime -lives in Vanderbilt Beach area, officer of the Vanderbilt Beach Property
Owners Association. Ms. Stiffle spoke of pictures that sbe had taken in the neighborhood
recently, most of which were seen in the Power Point Presentation. Ms. Stime has
counted twenty-one (21) boathouses with covers. Ms. Stiffle stated that there are tons of
code violations in the neighborhood. A lot of the boathouses in Vanderbilt Beach area are
Page 4
,.......,.,
Agenda Item No. 7 A
September 13, 2005
Page 72 of 74
March 16, 2004
a safety issue. A lot of the existing structures have no connection to current Hurricane
standard construction. The canvas tops are an issue. Ms. Stiffle counted twenty-one (21)
in her neighborhood and didn't do all the canals in the neighborhood Supposedly, none
of those have a permit, because they are not legal. People are abusing the privilege of the
boathouse. That is pure and evident. Ms. Stiffle would support Frank's proposal of
having an overlay in District Two (2) ,to ban the boathouses, but also need to consider
grand-fathering in conforming boathouses and ones that could possibly be made
conforming.
Chris Carpenter - Vanderbilt Beach Resident and Director of Vanderbilt Beach
Property Owners Association. BJ. Boyer could not be present at the meeting. Ms.
Carpenter read a letter from Ms. Boyer.
Doug Fee - about six months ago, in the North Bay area, there was a companion petition
that came forward. There were approximately twenty (20) boathouses addressed on this
petition. In that petition, there were rootlines that were brought out to the property line, a
zero lot line. This was brought to the BCC. The petition was ultimately turned down. Mr.
Fee is here to support the thought of eliminating for the future.
Brad Shiffer, Planning Commission - the evolution of the code that sets up the criteria
that we have to look at in order to make the decisions on each of these submissions, has
evolved in a very tight manner, to that point that by the time Ross gets through with the
application and gets the material in front of the Planning Commission, there is little
degree of freedom to do anything except what has been submitted. They have taken out
most of the subjectivity. When the Planning Commission hears the submission, the
petition, the neighbors show up and share their objections. There is a hardship of figuring
out how to be responsive to public concerns and yet apply the code in an even-handed
manner. As Ross pointed out the Planning Commission has only succeeded in one case,
where it was so egregious that they were able to site the health, safety and welfare rules
to get it turned down. For the most part, the Planning Commissions hands are tied. This
may not be the best idea for the entire county. Mr. Shiffer would support an aborting
recommendation and get out of this mess.
A maximum width of forty (40) to fifty (50) feet was suggested.
Commissioner Jim Coletta - District five (5) will not support this. Be site specific. He
does not feel that there is a problem., and is for the code that is there right now.
Commissioner Fiala - clarified what Commissioner Coletta stated. What is wanted for
the Vanderbilt area is great; just leave the rest that don't have a problem at all.
Page 5
Agenda Item No.7 A
September 13, 2005
Page 73 of 74
March 16, 2004
Commissioner Coyle - asked Commissioner Halas if he would like to also have
limitation on the sizes of the boathouses included in the overlay of District 2.
Commissioner Halas - Yes. 50 feet or less would be acceptable.
Commissioner Fiala - asked Commissioner Halas ifhe would like this to pertain to all
of District 2 or just specifically Vanderbilt Beach and Hickory Shores.
Commissioner Halas - anything west of US41 in District 2. Rebuilding would be that
people that presently have boathouses that are conforming to the existing code, they
would have the ability to build back, but the ones that nonconforming should not be built
back or be very difficult to get any type of permit.
Commissioner Fiala - The ones that are nonconforming because of the roof isn't the
same as the house, would you then allow them to put the new roof on or you have them
tear it down?
Commissioner Halas - If it is nonconforming, then ifs not within the criteria of present
code, so yes.
District 2, west of US 41 :
Existing nonconforming structure, a build back policy, if the structure needs to be
built back more than fifty percent, it will need to be tom down. Fifty percent or
less can be built back under the conforming codes that we presently have.
It was also suggested that if the existing structures are nonconforming, regardless of the
percentage, they will not be allowed to build back.
Commissioner Fiala - The 50 feet the limit for the boathouses would not come into play
iftbere were a ban on the boathouses.
The rule for nonconforming boathouses can be changed so that if fifty percent or more of
the roofis destroyed or it needs to be reconstructed, you will be denied a building permit.
Once the boathouse is gone, you may not build it back.
Commissioner Fiala - Notification through newsletters to inform the community what
kind of rules are being proposed. A property owner that doesn't have the right roof color
on their boathouse might be in opposition to this.
Page 6
I .-
Agenda Item No. 7 A
September 13, 2005
Page 74 of 74
March 16, 2004
.......
There being no further business for the good of the County of Collier, the meeting was
adjourned by the order of Commissioner Donna Fiala.
A TrEST:
DWIOliil1'"f'JROCK, CLERK
~~;;~~~ ,-.(:2J,t!--
...... OI);J~'-
TheSemmut~appr~ved by the Board on ,V'~~ y
, as presented
~
or as corrected
Jo.
Page 8
Agenda Item No. 78
September 13, 2005
Page 1 of 36
EXECUTIVE SUMMARY
Petition: V A-2004-AR-6449: Ashley Doctors, property owner, represented by Richard D.
Yovanovich, Esquire, of Goodlette, Coleman & Johnson, P.A., requesting a variance for a
4.98-foot encroachment into the 20-foot required rear setback for a swimming pool and
screen enclosure leaving a 15.02-foot rear yard on a waterfront lot. The subject property is
located at 149 Flamingo Avenue, in the Conners Vanderbilt Beach Estates Subdivision,
Unit 3, Lot 25, in Section 29, Township 48 South, Range 25 East, Naples, Florida.
OBJECTIVE:
Staff is requesting that the Board of Zoning Appeals (BZA) review staffs findings and
recommendations along with the recommendations of the Collier County Planning Commission
(CCPC) regarding the above referenced Variance petition and render a decision as the Board of
Zoning Appeals regarding the petition pursuant to LDC Section 4.02.03.A.3.
CONSIDERATIONS:
The Land Development Code (LDC), defines, Yard, waterfront, as "'the required open space
extending along the entire waterfront property with depth measured from property line,
bulkhead, shoreline, seawall, mean high water mark, access easement, whichever is the most
restrictive." In this instance the seawall is the most restrictive and therefore all measurements
are based on that location on the property. For residential lots that are waterfront lots, the LDC
requires a ten-foot rear yard setback when the swimming pool deck does not exceed four feet
above the top of the seawall. For the subject property the swimming pool deck is eight feet
above the seawall, and therefore requires an increased 20- foot rear yard setback for the pool deck
and screen enclosure. Upon the subject property the pool deck and screen enclosure are set back
15.02 feet from the seawall, and thus the petitioner is requesting a 4.98-foot variance from the
required 20-foot rear yard setback.
The swimming pool was issued a building permit from Collier County on May II, 2000. The
permit for the swimming pool enclosure was issued by Collier County on November 6, 2000. All
required spot surveys were passed; the swimming pool and screen enclosure were constructed in
accordance with the approved building penn its and all inspections were passed and ultimately
Certificates of Completion for the swimming pool and the screen enclosure were issued on
December 14,2000. The current property owner closed on the property on December 15, 2000.
On October 17, 2003, the property owner received a Notice of Violation (NOV) from Collier
County Code Enforcement notifying the property owner that the screen enclosure and swimming
pool violate the rear yard setback requirements. The NOV has initiated this variance request.
The builder of this home followed all County procedures and was issued permits and a
Certificate of Completion, and then sold the home to the current property owner, who is now
requesting the variance. The property owner purchased a home which by the County's approval
of the permits and Certificate of Completion met all County standards, however the property
Executive Summary 6449
Page 1 of 3
-
Agenda Item No. 78
September 13, 2005
Page 2 of 36
owner is now being told that the home does not comply with County standards and must either
be granted the variance being requested or remove the violation.
FISCAL IMPACT:
Approval of this petition will have no fiscal impact on Collier County.
GROWTH MANAGEMENT IMPACT:
Approval of this variance will not affect or change the requirements of the Growth Management
Plan (GMP), therefore there is no GMP impact associated with the variance request.
ENVIRONMENTAL ISSUES:
There are no environmental issues associated with this petition.
ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION:
The EAC did not review this petition because the EAC does not normally hear variance petitions.
LEGAL CONSIDERATIONS:
The Board of Zoning Appeals must utilize 8 criteria in considering a variance petition. See
professional planning staff analysis of the petition using the relevant criteria set forth in the Land
Development Code. This analysis appears on pages 6 through 9 of the Staff Report labeled as
Exhibits B and summarized below.
Staffs analysis of the criteria found that there was support for the request in the analysis of four
of the eight criteria in LDC Section 9.04.03:
The variance proposal must be consistent with the Growth Management Plan. See professional
planning staff analysis of petition using relevant plan objectives, policies, and provisions of the
Land Use Designation Description Section. This analysis appears under the heading titled
"Growth Management Plan Consistency" of the Staff Report on page six.
It must be understood that the Staff Report and Executive Summary are part of the picture.
There will be evidence presented by the petitioner and members of the public at the hearing on
this item that the Board must also take into consideration as that testimony relates to growth
management plan consistency and the 8 standards for consideration for the variance.
The Board of Zoning Appeals may impose reasonable stipulations, safeguards, or restrictions
upon the variance. These stipulations, restrictions or safeguards include those necessary to
protect adjacent or nearby properties from any adverse impacts of the variance. A simple
majority is required to approve a variance.
Executive Summary 6449
Page 2 of 3
Agenda Item No. 7B
September 13, 2005
Page 3 of 36
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION:
This petition was heard at the July 7, 2005 CCPC meeting. The Commission motioned to
forward petition V A-2004-AR-6449 with a recommendation of approval subject to staff
conditions of approval. The motion passed by a vote of 4 to 2. Those members in dissent did not
clarify their reason for not supporting the petition. Because two CCPC members voted in
opposition to the variance request, this petition could not be placed on the summary agenda.
SUMMARY:
Staff has analyzed the guidelines associated with the variance request, and has determined that
there is a land-related hardship associated with this variance which has contributed to the
applicant's need for a variance, the raising of the lot to obtain FEMA compliance and the desire
for the pool and lanai to be at grade with the primary structure stand as contributing factors in the
applicant's need for a variance. Additionally, there are several ameliorating factors. These
factors include: County staff approved all permits that showed incorrect setbacks and the spot
survey that also showed the incorrect setback. The contractor then proceeded to construct the
pool and screen enclosure in accordance with the approved plans. All structures associated with
the property have received their Certificate of Occupancy (CO) from the County. Also, the
seawall will not block the neighbor's view to the west because their view is oriented to the west
and there is no home on the property to the east. It should be noted that the Depmiment of
Zoning and Land Development Review is currently processing an amendment to the Land
Development Code (LDC) that would prohibit a property such as this from artificially raising the
seawall to obtain compliance with the reduced rear yard setback as provided for in Chapter
5.05.09 of the LDC.
STAFF RECOMMENDATION:
Staff recommends approval of Petition V A-04-AR-6449 to the Board of Zoning Appeals subject
to the following conditions of approval:
I. The variance granted is limited to the after-the-fact rear yard encroachment for the existing
house, as depicted and more particularly described in the applicant's site plan entitled,
"Variance Petition Exhibit," dated 2004. This site plan is included as Exhibit A;
2. If the residential dwelling structure is destroyed for any reason, to an extent equal to or
greater than 50 percent of the actual replacement cost of the structure at the time of its
destruction, all reconstruction of the structure and accessory structures must conform to the
provisions of the Land Development Code in effect at the time of reconstruction.
PREPARED BY:
Mike Bosi, AICP Principal Planner
Department of Zoning and Land Development Review
Executive Summary 6449
Page 3 of 3
Item Number:
Item Summary:
MeeUng Date:
Agenda Item No 78
~;epternber 13, 2U05
F'age 4 of 36
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
7B
This item r~quireli lhHt atl partielpHnts be f-worn III and tlk p;ule disclosure b~ plovided by
Commission members, VA-2004-AR-6449: A5hley Doctors, property owner, represented by
Richard 0 Yovanovich, Esquire, of Goodlette, ColemEln &. Johnson. P.A., requesting a
vHriance for a 4.98-fool enclol\chrnenl into ltH~ 20-foot required real selbatk for a !,wimlTling
pool and screen endoslIrc leaving a 1502 -loot re!u yard on a wtlterfront lot. The subject
property is located <It 149 Flamingo Avenue, in the Conners Vanderbilt Beacll Estiltcs
Subdivision, Unll Z. lot 25. in Section 29, TO'Mlship 46 South, RHnge 25 East. Naples,
Florida
9/1 :?/2005 9:00:00 AM
Date
Prcparcd By
Mike Bosi, AICP
Community Development &
Environmental Services
Principal Plann~r
Zoning & Land Development Review
8/15120056:26:00 AM
Date
Approved By
Mike Bosi, Alep
Community Development &
Emlironmentnl Services
PrincipnJ PianMr
Zoning & Land Development Review
813/2005 10:48 AM
Date
Approved By
Constance A. Johm>on Opertrtions Analyst
Community Development & Community Development &
Environment;!.1 Services EnvironrrKl'ntal Services: Admin.
8/15/20058:58 AM
Aflllro\'ed By
Date
Sandrll Lea Executive Secretary
Community Development & Community Development &
Environmental Services Environmental SerVices Admin.
8/15/20059:33 AM
Appruved By
Date
Susan Murray. Alep
Community Development &
Environmental Services
Zoning & Lond Development Director
Zoning & Land Development Review
8,119/20051:01 PM
Date
Appr01:ed 8~1
Ray Bellows
Community DGvelopment &
Environmental Servicfls
Chief Planner
Zoning & L.and Developrrnmt Review
8/19f20QS 2:59 PM
Date
Approved By
Joseph~. Schmitt
Community Development &
En'Jironmenta! Ser'Jices
Community Development &
EnVironmental Services Adminstrator
Community Development &
Environmental Services Admin.
8/24/2005 5;35 PM
Date
Approved 8)0'
MOirjorie M, StLldent
County Attorney
Assi$tant County Attorney
County Attorney Office
B!26;2005 9:56 AM
Date
Af)llrOvcd By
OMS Coordinator
County Manager's Office
Administr<Jtive Assirni'lnt
Office of Managellll'Jnt &. Budget
6/29/2005 9: 12 AM
Date
Allproved B)'
Mark Isackson
County Manager's Office
Budget Analyst
Office of Management & Budget
8130f2005 8:39 AM
Date
Apllrll\'ed By
Michael Smykowski
County Manager's Ofhc~
Management & Budget Director
Office 01 M.:magol1'lEtnt & Budget
8131/200512:45 PM
Date
Allprllvcd B.y
James V, Mudd
Board of County
Commi~sioners
County Manager
County Manager's Office
9,'2!2005 9:54 AM
'.
. ,;
i
. AG~~~. 7B
-~'eptemDer ,',{'2005
Page 5 of 36
. Co~T County
~ '- ~~-- --
SUPPLEMENTAL STAFF REPORT
i.
I
,
TO:
COLLIER COUNTY PLANNlNG COM:MISSION
FROM:'
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DMSION
DATE:
JULY 7,2005
RE:
PETITION: PUDZ-2002-AR-6449 DOCTORS VARIANCE
SUPPLEMENTAL STAFF REPORT
SUPPLEMENTAL ANALYSIS:
The Collier County Planning Commission was scheduled to hear the' Doctors Variance at its May.
5, 2005 meeting. Thepetition was continued due to the applicant's failure to send the r~qJlired
adjoining property owners mail notification. Due to this omission, the item was rescheduled to
the June 2, 2005 Planning Commission meeting; however, the petition was continued from the
June 2,2005 Planning Commission meeting to the June 16,2005 Planning Commission meeting
due to.the'length of time aSsociated with the Ave Maria petition. Consequently, due to the length
of time (beyond five weeks) that had lapsed ITom. the original newspaper advertisement (May 2,
2005), the petition has been moved. to the July 7.2005 Plam;ring Commission meeting to allow'for
re-advertising. .
The Department of Zoning and Land Development Review Staff recommendation remains the
. same. Analysis indicates that this petition is consistent with the Growth Management Plan and is
compatible with the surrounding neighborhood. Staffrecommends that the Planning Commission
forward the Doctors Variance to the Board of County Commissioners with a ~ommendation of
approval.
ATTACHED INFORMATION:
The Staff Report prepared for the May 5, 2005 Planning Commission meeting is attached with a
small modification. The staff report prepared for the May 5, 2005 hearing incorrectly stated the
variance being requested. was a 5.02-foot variance, but based upon the dimensional information
contained in the survey included in the application packet, a 4.98-foot variance is required for
compliance. The .staff report has been updated to correctly identify the requested variance.
PREP ARED BY:
~~
MIKE BOSI, AICP, PRlNCIPAL PLANNER
DEPARTMENT OF ZONING AND
LAND DEVELOPMENT REVIEW
C . (l-(JS
DAT~
REVIE\VED BY:
6- /6-or
DATE
L , MANAGER
DEP MENT OF ZONING AND
LAND DEVEWPMENT REVIEW
~~.
~SAN MURRAY, AICP, DIRECT
DEPARTMENT OF ZONING AND
LAND DEVELOPMENT REVIEW
/, -/~.. Os-
DATE
APPROVED BY:
..
qJ'k~
DAtEr
J EPH K. SCHMITT, STRATOR.
MMUNITY DEVELOPMENT &
NVIRONMENTAL SERVICES DIVISION
Agenda Item No. 7B
September 13, 2005
Page 6 of 36
RUSSELL A. BUDD, CHAIRMAN
DATE.
Tentatively scheduled for the September 13,2005, Board of County Commissioners Meeting
2
(,
"
AGENDA ITEM 8-B .
~Agenaalfem No. 78
September 13, 2005
Page 7 of 36
. ~T County
- ~~ --
SUPPLEMENTAL STAFF REPORT
. TO: COLLIER COUNTY PLANNING COMMISSION
FROM: . DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
DATE: . JUNE 2, 2005
RE: PETITION: PuDZ:'2002-AR-6449 DOCTORS VARIANCE
SUPPLEMENTAL STAFF REPORT
SUPPLEMENTAL ANALYSIS:
The Collier County Planning Commission was scheduled to hear the Doctors Variance at its May
5, 2005 meeting. The petition was continued due to the applicant's failure to send the required
adjoining property owners mail notification. Due to this omission, the item has been rescheduled
to the June 2, 2005 Planning Commission meeting.
The Department of Zoning and Land Development Review Staff recommen~tjon remains the
saIne.. Analysis indicates that this petition is consistent with the Growth Managemfmt Plan and is
compatible with the surroUnding neighborhood. Staff recommends that the Planning Commission
. forward the Doctors Variance to the Board of County Commissioners with a recommendation of
approval.
ATTACHED INFORMATION:
The Staff Report prepared for the May 5,2005 Planning Commission meeting is a~hed with. a
small modification. The staff report prepared for the May 5,2005 hearing incorrectly stated the
variance being requested was a 5.02:..foot variance, but based upon the dimensional information
contained in the survey contained in the application packet. a 4.98-foot variance is required for
compliance. The staffreport has been updated to correctly identify the requested variance.
PREPARED BY:
Mike Bos~ AICP, Principal Planner
Zoning and Land Development Review
Agenda Item No. 7B
September 13, 2005
Page 8 of 36
eo18=T County
- '-~ -
STAFF REPORT
COLLIER COUNTY PLANNING CO:M:MISSION
FROM:
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT & ENVlRONMENTAL SERVICES DNISION
HEARING DATE: JUNE 2, 2005
SUBJECT: PET maN v A-2004-AR-6449 (DOCTORS VARIANCE)
PROPERTY OWNER/AGENT:
OWNER: Ashley Doctors
149 Flamingo Avenue
Naples, Florida 34108
AGENT~ Richard D. Yovanovich, Esquire
Goodlette, Coleman & Johnson, P .A.
4001 North Tamiami Trail, Suite 300
Naples, FL 34103
REQUESTED ACfION:
The applicant requests an after-tbe-fact variance of 4.98 feet from Section 4.02.03 of the Land
DeveIopmentCode (IDe) that requires a minimum 20:-foot rear yard setback for accessory
structures when the pool dec~ exceeds .4 feet in height above me top of the seawall.Th,e amount
of variance requested is. 4.98 feet and if approved will permit the existing pool deck and screen
enclosure to remain. . .
GEOGRAPHIC LOCATION:
The subject parcel is located at 149 Flamingo Avenue, further described, Lot 25; of Block U of the
Conner's Vanderbilt Beach Estate~, Unit 3 as recorded in Plat Book 3 page 89, in Section 29,
Township 48 South, Range 25 East, Collier County, Florida. .
PURPOSElDESCRIPI'ION OF PROJECT:
This variance request was submitted on September 3, 2004. The request is for a 4.98-foot
encroachment into the 20-foot rear yard setback for pool decks exceeding 4 feet in height, to allow
the existing screen enclosure and pool to remain located 15.02 feet from the seawall.
VA-2004-AR-6449
Page 1 of 9
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Agenda Item No. 78
Septembet 13, 2005
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V A.2004-AR.6449
Page 3 of 9
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Q. GRADY J//NOR AND ASSOCIm3, P.i
ClVlL ENGINEERS. LAND SlJRVF:YDRS. pLANNE:J1S
3800 V1A DEL REY
13CJ'NlTA. SPRINGS. FLORIDA 34134
PHONE: (239) !U7-1144 FAr: (z:Jg) 947-0375
CERTff'JCATE OF AurRORlZJ.rTOH J{U1(JN.'1t LB 5151
Agenda Item No. 78
September 13, 2005
Page 11 of 36.
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DRAWN BY: JCL lOB CODE: ADSY SUCET 1 Of 1
EXIllBIT · A ·
149 FLAJ/INGO A VENUE
S.l"C7'1ON It f'O~'/o'SH1P 4 SOl/TH. /UNci ZG EAS!"
f:W.I./EIf CYJVKfT, FLfJIUM
DATE' MAY 2004 DRAWING: B-2B50
V A-20Q4-AR.6449
Page 4 of 9
Agenda Item No. 7B
September 13, 2005
Page 12 of 36
The Land Development Code (LDC) , defines, Yard, waterfront, as ''the required open .space
extending along the entire waterfront property with depth measured from property line, bulkhead,
shoreline, seawall, mean high water mark:, access easement, whichever is the most restrictive.u
In this instance the seawall is the most restrictive and th.erefore all measurements are based on that
location on the property. The swimming pool was issued abuilding permit from Collier County oq.
May 11, 2000. The permit for the swimming pool enclpsure was issued by Collier County on
November 6, 2000. All required spot surveys were passed, the swimming pool and screen
enclosure were constructed in accordance with the approved building permits and all inspections
were paSsed and ultimately a Certificate of Occupancy for the swimming pool and the screen
enclosure was issued on December 14, 2000. The current property owner Closed on the property on
December 15, 2000. On October 17, 2003, the property owner received a .Notice of Violation
(NOV) from Collier County Code Enforcement notifying the property owner tWit the screen
enc10srireand swimming pool violates the rear yard setback reqUirements. The NOY has initiated
this variance request. .
The builder of this home followed all County procedures and was issued permits and a Certificate
of Occupancy, and then sold the home to the .current property owner, who is now requesting the
variance. The property owner purchased a home which by the County's approval of the permits
and Certificate of Completion met all County standards, however the property. owner is now being
told that the home does not comply with County standard and must either be granted the variance
being requested or remove the violation.
SURROUNDING LAND USE & ZONING:
SURROUNDING:
North:
East:
South:
.. West:
Canal
Vacant Lot, , zoned RSF-3 . .
Flamingo Avenu~ ROW, then a single-family home; zoned RSF-3
Single-fan;uly house, zonedRSF.3 . .
. ~ . i I.. .", . . ."'. . . . ~
.Zoning Map
V A-2004-AR-6449
Page 5 of 9
(;
Agenda Item No. 78
September 13, 2005
Page 13 of 36
Aerial Photo
GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY:
The subjeCt property is located in the Urban Mixed Use District, Urban Residential Subdistrict
designation of the Future Land Use Map of the GMP.
The G11P does not address individual variance requests; but focuses on the larger issue of the
actual land use. The subject petition seeks a variance from the dimensional standards for a single-
.. family house; therefore, the actual use is consistent with the Future Lan~ Use Map. Based upon
the above analysis, staff concludes that the proposed use for the subject site is consistent with the
Future Land Use Element, although the variance request is not specifically addressed.
ANALYSIS: .
Section 9.04.01 of the Land Development Code grants the .~l.Uthority to the Board of Zoning
Appeals (BZA) to grant variances. The Planning Commission is advisory to the BZA and utilizes
the provisions of Section 9.04.03 A through H, which are general guidelines to be used to assist the
Commission in making a determination. Staff has analyzed this .petition and offers the responses
to the items in Section 9.04.03 as follows:
1. Are there special conditions and circumstances existing, which are peculiar to the
location, size and characteristics of the land, structure or building involved?
V A-20Q4-AR-6449
Page 6 of 9
. Agenda Item No. 78
September 13, 2005
Page 14 of 36
Yes. The pool, pool deck and screen enclosure are set back 15.02 feet from the rear property.
line. The swimming pool was built in the rear of the house, and the applicant wanted the
pool lanai area to be on the same level as the fust floor of the primary structure and not
. requiring stairs to access. The design of the pool and lanai at the same level as the primary
structure resulted in the pool deck being gre.ater than maximum allowed 4 feet above the
adjacent seawall. The height of the pool deck required the pool, pool deck and screen
enclosure to be subject to an additional 10 feet of setback, thus creating the need for the
variance. In staffs opinion, the raising of the lot to obtain FEMA compliance and the desire
for the pool and lanai to be at grade with the. primary structure stand as contributing factors
in the applicants need for a variance, but staff does recognize that a more stringent scrutiny
of the RSF-4 zoning regulation's from both the applicant and the. County could have
alleviated the need for a variance.
2. Are there special conditions and circumstances, which do not result from the action of
the applicant such as pre-existing conditions relative to the property, which is .the
subject of the variance request? . .
Yes. As previously noted, County staff approved all permits that showed incorrect setbacks
and the spot survey that also showed the incorrect setback. The contractor then proceeded to
construct the pool and screen enclosure in accordance with the approved plans, however the
contractor also has a responsibility to insure the plans submitted are accurate and reflect the
correct setbacks. .
3. Will a literal interpretation of the provisions of this zoning code work unnecessary. an
undue hardship on the applicant or create practical difficulties for the ap~Ucant?
Yes. The building permit was submitted by the applicant and approved by the County with
incorrect setbacks. The error was not noticed until nearly 3 years later. It would create
practical difficulties for the applicant to remove portions of the pool and screen enclosure
and reconstruct it.. Additionally, the regulations. within the Land Deveiopment Code' in
relation to .the:elevation of pool decks abOve. an. existing seawall does not account .for FEMA
regulations which .were iniposed upon the project and forced the lot elevation to be raised 5.9
feet above the existing seawall. This element of the FEMA compliance contributed to the
non-confonnance with the regulations relating to the existing seawall. and the elevation
restrictions for the pool deck, but as noted closer attention to the zoning regulations from the
applicant and Staff could have prevented the need for a variance.
4. . Will the varianc~, if granted, be the minimum variance that will make possible the
reasonable use qf the land, building or structure and which promote standards of
health, safety ~nd welfa.re? .
No. The RSF-3 zoning district permits smgle-family homes with a minimum square footage
of 1,000 square feet The subject house is larger than the minimum required floor area, and
therefore, a reasonable use of the land would .be possible without this variance.
Howeverl the variance ,is the minimum variance to allow a reasonable use of this existing
. structure (as it is shown on the site plan) to become a conforming structure. Approval of the
variance should not have a negative impact on the standards of heaith, safety and welfare.
V A-2004-AR-6449
Page 7 of 9
l.
Agenda Item No. 78
September 13, 2005
Page 15 of 36
5. Will granting the variance confer on the applicant any special privilege that is delrled
by these zoning ~gulations to other lands, buildings, or structur~ in the same zoning
district?
Yes. The. granting of the variance would allow a house with a smaller rear yard than other
houses in the RSF-3 district to remain, but th~ granting of the variance requested would be
recognition of tWo development regulations imposed by separate governmental jurisdictions
(local and federal) that in this particular instance created a conflict that resulted in the local
regulation not being meet. .
6. Will granting the variance be in harmony with the general intent and purPose of this
. Land Development Code, and not be injurious to the neighborhood, or otherwise
detrimental to the public welfare? . .
No. The Land Development Code provides for specific required yards, therefore this
variance will not be in harmony with the IDC. However, in this particular case the ,seawall
will not block the neighbors view to the west because their view is oriented to the west and
there is no home on the property to the east.
7. Are there Datural conditions or physically induced conditions that ameliorate the goals. .
and objectives of the regulation such as natural preserves, l~es, golf courses, etc.?
,.
Yes. The. encroachment is into the rear yard, adjacent to a canal. The encroachment is
ameliorated .by the fact that the home to the west is oriented to the west and north and even
views from the northeast side of the home would not be affected by the pool and screen
enclosure: There is no home to the east to impact. If and when a home is built the location of
the pool and enclosure could be mitigated in the design of the home. The property on the
north side of the canal is County property used for aCcess to the Vanderbilt Beach and is
screened from the subject property by mature mangroves.
8. Will granting the variance be consistent with the Growth Management rlan?
Approval of this variance petition will not affect or change the requirements of the Growth
Management Plan. . '..
EAC RECOMMENDATION:
..
The Environmental Advisory Council does not normally hear variance petitions) and did not hear
this variance.
STAFF RECO:MMENDATION:
Zoning and Land Development Review staff recommends that the Planning Commission forward a
recommendation of approval .of petition V A,.2004-AR-6449 to the Board of Zoning Appeals
subject to the flowing conditions of approval: .
V A-2Q04-AR-6449
Page 80t 9
Agenda Item No. 78
September 13, 2005
Page 16 of 36 .
1. The variance granted is limited to the after-the-fact rear yard encroachment for the existing
house, as depicted and more particularly described in the applicant's site plan entitled., ..
Variance Petiti~n Exhibit," dated 2004. This site J?lan is included as Exhibit A;
2. If the residential dwelling structure is 4estroyed for any reason, to an extent equal to . or
greater than 50 percent of the actual replacement cost 6fthe structure at the time of its
. destruction~ all reconstruction. oithe structure and accessory StruCtures must conform to the
provisions of the Land Development Code in effect at the time of reconstruction;
PREPARED BY:
~~.
:MIKE BOSI, AICP, PRINCIPAL PLANNER
DEPARTMENT OF ZONING AND
LAND DEVELOP:MENT REVIEW
s.. C..-oj
DATE
REVIEWED BY:
.--
5 "/()..(g .
DATE
~~
~SAN MtJRRA. Y, AICP, DIRECTO ..
EPARTMENT OF ZONING AND
LAND DEVELOPMENT REVIEW
6'-1-7 - or
DATE
. APPROVED BY:
PH K. SCHMITT, AD STRATOR
ITY DEVELOPMENT &
IRON!v1ENTAL SERVICES DIVISION
..;rj,v/ar '
DATE .
RUSSELL A. BUDD, C~
DATE
Tentatively scheduled for the June 28, 2005, Board of County Conmrlssioners :Meeting
VA-2004-AR-6449
Page 9 of 9
J
Agenda Item No. 78
September 13. 2005
Page 17 of 36
RESOLUTION NO. 05-_
A RESOLUTION OF THE BOARD OF ZONING
APPEALS OF COLLIER COUNTY RELATING TO
PETITION NUMBER V A-2004-AR-6449, FOR AN
AFTER-THE-FACT VARIANCE OF 4.98 FEET FROM
THE 20-FOOT REAR YARD SETBACK TO 15.02 FEET
FOR ACCESSORY STRUCTURES IN AN RSF-3 ZONING
DISTRICT FOR PROPERTY HEREINAFTER
DESCRIBED IN COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida
Statutes, has conferred on all counties in Florida the power to establish, coordinate and
enforce zoning and such business regulations as are necessary for the protection of the
public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code
(Ordinance No. 2004-41 as amended) which establishes regulations for the zoning of
particular geographic divisions of the County, among which is the granting of variances;
and
WHEREAS, the Board of Zoning Appeals, being the duly elected constituted
Board of the area hereby affected, has held a public hearing after notice as in said
regulations made and provided, and has considered the advisability of a 4.98-foot after-
the-fact variance from the required 20 foot rear yard setback to 15.02 feet for accessory
structures, as shown on the attached plot plan, Exhibit "A", in an RSF-3 Zoning District
for the property hereinafter described, and has found as a matter of fact that satisfactory
provision and arrangement have been made concerning all applicable matters required by
said regulations and in accordance with Section 9.04.00 of the Zoning Regulations of said
Land Development Code for the unincorporated area of Collier County; and
WHEREAS, all interested parties have been given opportunity to be heard by this
Board in public meeting assembled, and the Board having considered all matters
presented;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING
APPEALS OF COLLIER COUNTY, FLORIDA, that:
Petition V A-2004-AR-6449 filed by Richard D. Y ovanovich of Goodlette,
Coleman & Johnson P.A., representing Ashely Doctors, with respect to the property
hereinafter described as:
Lot 25, Block U, Unit 3, Connors Vanderbilt Beach Estates, as recorded in Plat
Book 3, Page 89, of the Official Records of Collier County, Florida
be and the same hereby is approved for a 4.98-foot after-the-fact variance from the
required 20 foot rear yard setback to 15.02 feet for accessory structures, as shown on the
attached plot plan, Exhibit "A", of the RSF-3 Zoning District wherein said property is
located, subject to the following condition:
Agenda Item No. 78
September 13, 2005
Page 18 of 36
1. This variance is limited to the rear yard encroachments depicted on Exhibit A. Any
other encroachment requires a separate variance.
BE IT RESOLVED that this Resolution relating to Petition Number VA-2004-AR-6449
be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote.
Done this day of , 2005.
ATTEST:
DWIGHT E. BROCK, CLERK
Approved as to Form
and Legal Sufficiency
~.u"Oh.~
Mar) e M. Student
Assistant County Attorney
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
BY:
FRED W. COYLE, CHAIRMAN
"~'lLLIAM McALEAR .
-REGISTERED LANO SURVEYOR
P.O. Box 9732 Naples, FL 34101-9732
Telephone; (941) 597-7428
Fax: (941) 597-2803
LEGAL DESCRIPTION
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September 13:.2005
Page 19 of36
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. =:n~~s.c:~n:::n
hetHn ,. . .... MfJ-.n1t
__.....".,,'01"'"
llIawfodpo I/Id w.t. IluI;o<< .. .....
I/Idnofo__/I.-
t:E= 'IN..i.DOC.TO~5 '.S..
Vie c." ,
Ll ,...e.. VNI 1"5
'IMct."F -. /~/ f1..._ _/_
.EI-;::::"~ ;t-1/~r~.
.-.e f'~,
,TWP 48
,.,,.,.......P'\t""',..,.,u ^ I , 1=-....' r? I ... ,....'" .:-..,.. r- ..,
S.RGE 25"". E
'.
Agenda Item N.o, 7B
September 13, 2005
. PagE; 20 of 36
""
. . ..
.~ '
. '
: VARIANCE.PETITION
(VARIANCE FROM SETBACK (5) ~u:mE? FOR A PARTICULAR ZONING D~TRlCT)
Petition No. .
.'.
V A-2004-AR-6449
Date Petition Recen;ed: PR.OJECT ##20&403()045
, '. -;:bA1'!: 913i04' .
. .. ,:Q.oBlN :MEYER
. Planner Assigned: ----;
Commission District:
ABOVE TO BE COMPLETED BY STAn'
GENERAL. INF.QRMA-TlQN:
Petitioner's Name: Asblev Doctors
Petitioner's Address: 149f1am;ngo ~venue
Naples, Florida .34108 .Telephorie~
FBx#: . E-Mail Address:
. . .
Agent's :N'ame: .._Richard (>.. Yovanovich. Esquire.
Agent's Address: Goodlette. Coleman,& Johri~oa'P..A.~ 4001 ~orth Tamim,; 'Trail.
SUite 300. Naples. Floii'da 34103
. .
Telephone: 435-3535
..
,. Fax#: 435-1218
E-Mail Address:rvovanovich@2cilaw.com
* Be aware that Collier County ];las lobbyis~ regub.~Qils. Guide yourself accordingly and
ensure that you are in compliance With th~ reglilanons..
. '"
COLLIER COUNTY COMMUNITY DEVELOPMENT
PLANNING SERVICES/CURRENT :PLANNING
2800 N. HORSESHOE DRIVE - NAPLES, FL 34104
PHONE.(941) 403-2400IFAX (941) 643-6..968 .
- .\
. .
Agenda Item No, 78
P. 1 'R. . "d 4/03. September 13, 2005
. . age. - eVlSe,. .. Page 21 of 36
Complete the follo~g .f?.l.al1 Association(s) affiliated with this petition. (provide additional
. sheets ifnecessary) . ."'. .. ". .
.
Name of Homeowner Association: Naples Park Area Associ anon '
. ~. .
Mailing Address 699 1 06tb A venu~. North
, .
City _Naples
S~eE1-Zip .34108
..
Name. of Homeowner Association: Prooertv Owners of Naoles. Park
Mailing Address 800 1 Q41h Avenue. North
City Naples
State~Zip' 34108"
Name of Homeowner 'Association:
Mailing Addr~s
.city
State ~ Zip
Name of Master Association:
Mailing AdqreSs
" .
state ~ Zip
City
Name of Civic Ass~iation:
, Mailing Address
PROPERTY DESb&lPTION:.
Legal Description of Subject Property:
, ,
. State ~ Zip
, City...
. Subdivision: _Conners Vanderbilt Beach Estates
Lot (5) , 2.5..
Unit _3
. Block (s) .. U
Section 2.2.
Twp. 48
RBnge 25
PropertyI.D. # 27636960005
.' .
Acreage Number :
Metes & Bounds.nes~riptinn;
Please see attached
Address of Subject Property:
(If different from P~titioner's address)
"
, .
. . . . .
. Current Zoning and Land u.se '~f Subject. ParceI:Re~identia1- RSF-3 .
Agenda Item No, 78
September 13, 2005
Page 22 of 36
"
Adjacent Zo~g &. La:nd Use:
ZONING
. LAND USE.
N P
Canal. County Park
SRSF-3
. R;esidential .-
. . Residential..
W RSF-3.
E. . RSF-3"
Residential
..
, ,
Minimum Yard Require,nents for Subject Pr~pertY:
. . .
Front: .30
Comer Lot: . YeS 0 . No
Side: _10
Waterfront Lot: . Yes X
....
. . Rear:
25* ...
X.
N~D.,
..
...
. Nature of Petition
Agenda Item No. 78
September 13, 2005
. Page 23 of 36
. -
. Provide.a detailed. explanation of the request "including what struc1:\lres are existing mid what is
proposed; the. amount of encroachment propos.ed.using numberS, i.e. reduce front setback from
25' to 18'; , whe~ property O"'mler pUrchased property; when existing principal structure was.
built (include building permit number (8) if possible); why encroacb.n;lent is neces;s8ry;. how....
eXisting encroachIoent .came to be; etc. " . ".
A 6.i foot variance from' the reouired rear yard" setback of 20 feet setback' for a. swimIning: pool
and screen enclosure. The swimming pool was issued a buildinlZ permit from Collier County
on May 11. 2000: The swimming pool enclosure was issued bv Collier County on November
6. 2000. All information required bv Collier County was .sUt>ulied at the time of the building
.permits were issued. All reauir~d ~otsurvcvs were passed. . The swimming: pool and screen
enclosure was constructed in accordance with the approved building pennit and aU inspections .
. were passed and ultimately a Certificate of Completion for the swimming pool and screen
enclosure was issued bv Collier County on December 14. 2000. A Certificate of Occupancy
:. .for the home was issued on December 14. 2000. The CtnTent property owner closed on the
. . '. property on December 15. 2000. On October 17.2003. the propertV owner received a Notic~
of Violation from Collier County Code Enforcement Dotifving the property owner that the
screen enclosUre and swimming pool violates the rear setback requirements. Copies of the
bUlldin~ permits. Certificates of Completion and Certificate of OCC1J1lancy aTe attached to this '
Petition. .
, ..
.~
"
Agenda Item No. 78
Septeniber 13, 2005
.. ' . ~~~cl~
Please note that staff and the CqIlicr County ;Planning CoIDII1i$$io~ sball"b~ guide~ in their recommendation to the
.Board of zoning Appeals; and that the. Board of zoiDrig ~ Shall be guided ii1 its detcrmiDation to approye or
deny "8 varil:mce petition by the below listed criteria (1-8): (please address this criteria using additional pages if
neceSsaIy.) ...
......
. .
'...., :,. .:: . :"
.,". . ' ,... . . ... . ,', :." .;..
1.. AIe 'there special conditions and circumswices existing wllldlare peculiar "to the. lbca~6n, size and.
. characte:ristics of the land, structu.re, or pUilding involved. . . . .
The swimmin~ pool and screen enclosure were permitted by Collier CountY and the pool and encloSUre ~
constructed in accordance with the aWCJved buildinll peImit. The contractor S\.tPJ'llied Collier Couo1y Staff
with aU required information prior to the ap:proval of the ner:m.its and has inCllJTCd SUbstantial finl!lDci!i1 .
. exnenses. in reliance UDon the County-issued nermit. There are no exiStinll tlropert;y owners who would be
: 'adverselv affected by the grantinr of this variance. 'the removal. of the AW'imm;" Ii ~09l and enclosurewotild
c'reate an unnecessarv.harn~h;p to the nrcmertv O'W'Ilcr. .
~. Are th~ Spe~ial.cooditioI1S auci c~taoces which do oot.result ~m ~e acti~o of the applicant
such lIS pre-existing conditions reiative to the propertY ~hich is the .subj ect of the ~e requ.esi
The building permi~ were issued and Certificates of COnlpletio~ were lIP1frOvcd by C~l1ier
C,?untv. . .
. pO ... 1 . ~
.... '.
3. Will "a literal interpretation of the:: provisions of this ZOning. code work unneCessary ~ undue
hardship on the applicant or create practical diffioultl.es on the applican~
. . ., . ". .
.Yes. die prQp~ owner Will be reauired to ~ove the .poQI and. eocio~e at liis ~_ aftcT the pool and
enclmrnre were approved and ~ected bv Collier COlmtv n;;p~sentatives.
" .
4. Will the varian.c:e, if gnm~ed, b~ the ininimum vanan.ce that ~ make possibie the reasonable use of
~e land, bUilding or strUcture and which promote standards o~health, safety .or welfare.
. .' . . . .. .
Yes. 'Collier County issued buildini permits. ~ectiODs were performed by CoUIity staff and Certificates .of ..
Conw1etion were issued. This pool-enclosure daes nat .obstruct the view ofaovoeighbars"
.l' . . .. . .'. ~~~red~~~~~ 3~~O~~
, . .... .Page 25 of 36
5.. Will ~ . g the variance requested 9On!er'on the p~~tioner any special privilege. ~t 19: denied by .
these.zo g regulations to. other lands. buildings. OI'"StrUctures in the same zoning district
No. Tnis ro ceived buildin ts e' cate Co l~ti
other simllarlvsiroated nro:pertv owners they should receive a variimce as well.
I ' '
6. Will gran' g the variance be iri harmony with the intent and purp~se of this zoning code. and Dot be
injurious the neighborhood, or otJierwise detrimental to the public welfare.
. . " -'. . '.. "
.': ;" . ,-
Ye . l! this var.a.nce will not be' .. the nc:iehborhood or d~~ental to the ublic we1far~
The s enclosure and lX>ol does not obstruct the vie'W of surroundine: UroDertv owners and is in DO Way
detriment'" !be neiohbo'hOOd. . . .. . ..
\
7. ke ili= L cooditionsmph)'icaJly mmmed ~ODS fuahme60mte !be pIs and
. objectives .hf1he regulation sucb as Iiaturiil preserves,1akes, golf course. etc.
. \ ... . .
No. . . .... '. ... '. '. ...... .. ..
\
~. Will grnnl fue van.... b. consisnt with th.~ -:gcmm pi=
t .
I
** Section 2.,6.3.2 (3) of the Land Development Code requires ~n applicant to remove
their public hbaring advertising sign. (s) after fmal action is taken by the Board of County
Commissione:~s. Based on the Board's fmal action on'this item, please remove all public
hearing adVerring sign (s) Immediately . . .. . . . ...
\
,.Yes.
r.
.. '
Agenda Item No. 78
September 13, 2005
. Page 26 of 36
.. VARIANCE PETITiON
APPLICATION.SUB:MITTAL CHECKLIST.
. THIS COMPLETED. CHECIa...IST IS TO BE SUBMiTTED WITH APPLiCAT10N.
. . .
,', '. . .
PACKET! . .
'.
'REQUIREMeNTS. #OF
COPIES . REQUIRED
1. Completed Application - 15
2. Gompleted Owner/Agent Affidavit, Notarized 1
3. Pre-application notes/minutes .15 . .
.
4. Survey of propertr, sh9~g- th,.encr-oachment 1 . , ,
.. (measured in feet) ...
.
5. . Site Plan depicting the following: 15
a) All property boundaries & dimensions
b} All existing and proposed structures (labeled as such)
..c)' North arr~w, date and scale of drawing
d) Required setbacks & proposed'setbacks ..
:
.. . ,
. . .
6. Location map depic~g major streets in area for 1 .,
reference
7. . Electronic copy of all do.cuments and pIalIs ,. . :.' : 1
. .
8. Application fee;'" $2000 (residential) .
. . . $5000 (non-residential) ..'
. ',' ..
. (~us ~ees p~id at pre-application meeting)
. . : ., -
.. . .
Checks shall be made payable to:
Collier CouriiV Board of Commissioners
.8. Other Requirements . . .
-~ '.
. . .
. A1, the authorized agent/applicant for this petition. r attest that all of the informati~n indicated 011 this checklist is
included in this submitta.l package. I understand that failure to include all necessary submittal information may
resu,lt in.the .delay of processing of this petition. ..
.~~....
.. Applicantl~atuTe
Z/z \{/'O~
Date
... ....
.Agenda Item No. 7B'
September 13, 2005
Page 27 of36
AFFIDA VIT
. .
We/I, _ Ashlev Doctors ~ bei.ng first d~ly rivorn~ depose .Cmd say th(lt well am/are .the owners of
the proper1)J described herein aru1 which i$ the subject matter of the proposed hearing,'. that all
the .answers to the questions in thiS applicatton, including the disclosure of interest information,
all 'sketches, data, and other supplementary matter attached to and made .a part of this
application. are honest and true to the best of our knowledge a7u1 belie.f. Well ur1.derstand that.
the information reqtl(!Sted on this application must be complete and accurate and that the cont~t
.. ofthisfoTJ'lt.,lY.hether.computer generated or CoUnty printed shall not be altered. Public. hearings .
willnot be cUi.v~rtiseiunti/ this application is deemed complete, and all required- i1iformation has
been sUbmitted.
As property owner WelIfurther authorize . Richard D. Yovanovich,.Esquire. to act as our/my
representatives in any matters regarding this Petition. .... . .
~~
, Si(:> e of Prope~er
Signature of Property Owner .
~s..l~ W . ~bUQtl.>
T)'Pe4 or Pri ted Name of Owner
. Typed or Printed Name of Owner' . .
The fbregoing instrument was acknowledged before me this .::l4' " day of ~~ '
~ JDti:;lby ~,..]f.vo. \.N. ~-.swho is personally known to me or ~ pro'duced . .
. r as identification. .
State of Flonda
County of Collier
'Signature afNotary Public - State of
Florida}
. \~~ ~-75tt ~8r(*:'\.
(print, Type, or Stamp Commissione.!
. Name of Notary Public)
~"lI... Karert C ~en .
r~"'f-. My ~miaslDn oD06451lO .
'=t.1 expireS October 14. 2Q05
.. '
. .
Agenda Item No. 78
. . September 13, 2005
P~ge 28 of 3~
'.
. ." I
. .... VARIANCE PETITION
'-
PRE-APPLICATlONMEETIN~ ~OTE~
. & SUBMTITAL CHEcKLiST .'
Date~ Time: e:.w .jllallllor.~b~ ~_
ProjedNaiD.: ~~~ ...
ProjeclAddrlLoCa~.D:. ~1q i1~~ . ... .
... Ap~~t~e:~ch .'i0rJ8I4Jt5()I~ . Phone: -131r'~*
. ", F~~ @~;x:xl)~). 'Qd.~~N tL:-~~~ .
: .> ". .T~e:~.~eti~oD: \/0./\\ t~ . ~urr~~t Zoning:.~''F - 3. .
'Ow~erN.ioe:~~h\S4f ..~~......
OwDer AddTess: 14q ~ '.;::IArYII^iflr ~ . PhoDe:
. .....,
-'
.Meeting Attendees:
. ~e+(>AJT~~JJJt. 3.B..+P.
W 1-.1 NA.~fl ,~~~A.J'
. Mi~IAIL-~~,~~, .
.'
. . ..
"' -.. --..
SUBNUTT AL REQUIREMENTS: '
j .. 15 copies of completed Applica~ion ' . '..
. . . Addressing Checklist signed by AddressinG Dept.
. . Pre--application meeting notes. -.. ,. .
. ~ 15 copies of Conceptual Site Plan. 24- X 36- plus (one a % X 11 copy)
~ Completed Owner/Agent Affidavits, Notarized
. . 2 copies of Deed . ....
.. 2 copie~ of List identlfying ~er & all parties of corporation. .
S. Location map' :".. .
. . ~ ' 5 copies of Aerial Photograph (taken within the previous 12.monttls)
1
Agenda Item No, 78
September 13, 2005-
Page 29 of.36
~ 4-copies etas or EIS waiver
,... "i 4 copies of TIS . '
. :. 4 copies of Utility Ptovisions Statement ~ sketches .., .
.. Electonic copy of all documents and plana {CDROM.orDiskette)
... Historical Surveyor waiverrequest ..
~ . Property Own~r Advisory Letter anp Certification . . .
:. ;s.. . ,., fr~::~~pl~c~ti~~ Fe.e '$50~..OO, (to be credited tl:l1Wa~ ap~lication fee ~low)
Review Fees: .
. . . ~ $2000.0.0.' Residential .
1:r $5000.00 Non-Residential .,
,. . ~ $681:,00 Est~tna~ed Legal Advert!s~n9 Fe~-CCPC Meeting
. J8'J. .$205.00 Estimated Legal Advertising Fee.. ace Meeting
, . (any over- or under':'paymerTtWlH ~ reconciled upori..reQSipt of Invoice from
NapJe~ Dailey' NeWs). .
o $1600.00 EIS Review'
OTHER REQUIREMENTS:
o
0' .
o
o
/
NOTES: -
~.~'" ". .
..... ./...'....
AgentJOwn.er Signature'
Date:
2
. .
..
': .; 1 :... .f "lLLlAM 'McALEAR ~
;. '. .' REdmTEREl:? LANp SURVEYOR
P.O. Box .9732 NapLes, FL 34101-9732
.TeLcpboUc: (941) 597-742.8
. ~a.x: (941) 597.2803
LEG.A.L DESCRIPTION
.. .. ~.' tar 2.S.' ., ,afBl~' U .ofthatoertaiarubcilvliiwIcDOWIl" CD'lMEIt\
*,. :'.':<-.:,:f.~'^'t'''~. ')lolli~'-3' .~=nlcdi.aPlltbook. ...3 pare 81' .oCtIle.
: .'~' ::: 'lilbn~ rec:llfClt of' c:. 0 '- L-: I e: rc..' Cow!)'. Plorida _ W ('17. 4 r't ~ A Y
.....::,..,.:. .:: ,:'<,~""",,",jOo~ ..... '.' IOClo(;:>o>'r'''''l'" 0
'.:. -_;! ~ Fi'll>':..': tl ........~~. ~ "II -\ \J, st. . ._ zO w ~.. ':'
:'.:;.<t~~-,'~l.N~t\...'/:"'..'" ...:I\U~,Ill. \ GO...,.... -
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---......,...
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-
;:Jp.a.w~CiliTlFICA'fP..N "'CCORD/NG.~ .fI1E. .I:lAAWN BY: .-:'"
;/ '~COMMU~1TY.PAHi:L'NIJMSERf. .:;;i-..., .OAT!: "'-.1'1>"" "
~ ....tv~,,~~.P.I!TgD: .~.'-:"~._~~ ., 'CHECJtEDEm_.
].5.';.-.,'~.-'!';..,.....,.":."';...,....;............~;t:...".._.... ':. DA~ .
flRQf~~TMP.f'~. TQ <13( ~OOD ZOl-{E A. i!: !!' \, _ .:r..
\olr.: poc...,.. O~S ".$ 'r.!! ~L' 011
e.l I
.'" HI"" ~.s. 4
~~IHGSAAEll...uDON'Ji.te~ ~F
.aEG.1Il3657 !=\.~A\' 1ol6 0 ^1I't. III!! I Ht; , .
..s ._ 4.. "'14;,
SECTION . .2' ..rw~
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toEA
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..............."..." ...~" ^ I t .::- '101 r:7, &:. .....,,,,, ="T C" ..,
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Agenda Item' No, 78
~eptember 13, 2005
Page.30 of 36
"
1.3.8' :J:
-
-
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,,'
3
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;'oj
81
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5
"
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SCALE: r = 3'
* NOT A SUR. Y *
:n
::>
q. GRADY lIlNOB ANJ) ASSOCIATES, P.A.
CIVIL EN~RS.IJJf]) S{JRYEYOPS -PLANNEPS .
d800 VIA DEL REY
BONITAI. SPRINGS. FLORIDA-34134.
PHONE: (:!Be) 947-114'" FAX: (239) 947-0375
.' CERTlFlCATi: OF AUTHORIZATION NUJDJER LB 5151
\
1
,nda Item No: 7B
September 13, 200
Page 31 <?f 36
. : D<~. S1~a
~ ;.=H.~.
t LAB .
..1 .
lJRAWN BY: JCL JOB CODE: AIJSV. SHEET 1 OF 1
. EXHIBIT "A n
149 FLAMINGO AVENUE
SEC'r.lON 29. rOH'HSHlP 49 SOCl7'H, JUNCE 2S $.AS!'
CO.l.1.l.ER. COClNl7. ..!'.f,O/U.l)A
DATE: .MAY 2004 DRA WING: !1-2850
,.....
. ;
I
BOAR
COlliER COUNTY
l)F COUNTY COMMISSIt.
Agenda Item No. 7B
September 13, 2005
ERS Page 33 of 36
~ 2000110395
ISSUED: 11-06-00 m:.:. FROLOFF E
MASTER i: 2000110395 QQa
JOB ADDRESS: 149 FLAMINGO AVE
JOB DESCRIPTION: POOL ENCLOSURE-1824S0FT
PERMIT
PERMIT
F\PPLIED
SCCG
11-06-00
VAL:!D 395
APPROVAL DATE: 11-06-00
JOB PHONE:
SUBDIVISION #: 332 - Conners Vand Bch Est 3 BLOCK: U
FLOOD MAP: 0189 ~ AE-ll ELEVATION:
FOLIO It: 0000027636960005 SECTIQN-TOWNSHIP-RAN 29 48 25
LQ:r.:..2 5
OWNER INFORMATION:
BLACKETOR TR. JOSEPHINE A
ITF ALLEN BLACKETOR GIFT TRUST
UTD 10/7/93
LOUISVILLE, KY99C02 402224929
CONTRACTOR INFORMATION:
HANSEN SCREEN ENCLOSURE. INC.
502-A SOUTH ROAD
FT. MYERS, FL
33907
CERTIFICATE #: 10864
PHONE: r 9411278-3211
FCC CODE: 329 - STRUCT OTH THAN BLDG-POOL/SEAWALL/DOCK/F
CONSTRUCTION CODE' SCRNl / SCREEN ENCL - SCREEN ROOF
JOB VALUE: 17.037.00 TOTAL SOFT: 1,824
SETBACKS FRONT:
&T
REA&..:.
SEPTIC
NAME: DARCEY MULLALY
PHONE: (941)278-3211
10.00 ~ 7.50
WATER:
RIGHT: 7.50
i'1ELL
CONTACT
Per Collier County Ordinance No. 96-83. as amended, all work under the approved building permit shall coaply
with all applicable laws, codes, ordinances and additional stipulations and/or Conditions of PeDrnit. The
approved permit expires if work authorized is not commenced within six (6) months from date of issue as
evidenced by the successful campletion of the foundation inspections as stated in Ordinance No. 96-83
l04.6.1.b as amended. Fee Resolution No. 96-594 provides for additional fees for failing to obtain permits
prior to commencing construction. The permittee further understands that only licensed contractors may be
employed and that the structure shall not be used or occupied until a Certificate of Occupancy is issued.
NOTICE: In addition to the requirements of this permit. there may be additional restrictions applicable to this property that
may be found in the public records of this county, and Ulere may be additional permits required from other governmental
entities such as water management districts, state agencies, or federal agencies.
WARNING TO OWNER: YOUR FAILURE TO RECORD A
NOTICE OF COMMENCEMENT MAY RESULT IN YOUR
PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY.
IF YOU INTEND TO OBTAIN FINANCING CONSULT WITH
.YOUR LENDER OR AN ATTORNEY BEFORE RECORDING
YOUR NOTICE OF COMMENCEMENT.
rnPR?O?rl
,..-....
~
.~
Agenda Item No. 78
September 13, 2005
Page 34 of 36
Official Receipt - Collier County Board of County Commissioners
CDPR 1103 - Official Receipt
Trans Number
231853
Date
11/0612000 3:49:46 PM
Post Date
11/0712000
Address: 149 FLAMINGO AVE
OWner: BLACKETOR TR. JOSEPHINE A COA #:
Permit Type: SCCG Job Oesc: POOL ENCLOSURE-1824SQFT
Applicant: NICK TULLO
DBA: HANSEN SCREEN ENCLOSURE, INC.
Swr Meter: Wtr Meter:
Payor: PERMITS EXP
Fee Information
~
Fee Code Description GL Account Amount Waived
08BCAI BLOG.CODE CERT. SURCHARGE 11300000020882000000 $9.12
08BPNP BLOG PERMITS. NAPLES 11313890032211000000 $129.00
08MFSG MICROFILM SURCHARGE 11313890034144200000 $3.00
Total $141.12
Payments
Account/Check Number
6952
Amount
$141.12
$0.001
$141.12
$141.121
Total Cash
Total Non-Cash
Total Paid
Memo:
Cashierllocation: FROLOFF _E I 1
User: WILLOUGHBY_C
Collier County Board of County Commissioners
CD-Plus for Windows 95/NT
Printed:11/06/2000 3:52:57 PM
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LEGAL DESCRIPTION 'lIflf1o. ItevflW Mti "tf'W1~i",
Lot 25 ,of Block U .ofthatccrtain.ubdivisionknown.. CON~E"-~ V"'HD.Rl\\~r DH"\-!
F!;'^'tlO,., UN IT - .3 ,as recorded in Plat book -3 page a., .oflhe
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FLOOD PLANE CERTIFICATION ACCORDING TO THE
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IZ.QOC 7 Oli?P- D DATED: c: - .3 -.,/'w
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";\. . COLLI~ COUNTY EXPRESS PERMIT No.:ho~~/lWJ,~
' GOVER(a:;cct5NMENT _ APPUCATlONJlORBUlL GPERMlT September 13, 2005
Page 36 of 36
COLLIER COUNTY. FlDRIDA 9"1~.14OO
.Property I.D.:;J1C1..!Jtff Application D.te:_!!_L..~/~ Approval Date:---1---1_CS~
ALRF Aluminum Roof Over FlPS Pile SuJ'lftOlion Syllam SCWR. Screoo RoomIW ood Roof
AWNO A-.iap-Rooidoalial FNCE F..... SDNG Sidilll!(ViayllAlumiDWIlfWood
CHKE Chickee - SIP ODWD Slidilll Glu. DnorwlWil>clowo SEWL Seawal1lRip-np/N.../R""ain-EDg. Roq.
CLST Combust Liquid Iter.. TIlIk INPT Rooldonlial Intorlor Wall SHED SIl' S"'"gc Sbad
CRPT C.rpmt,'WoodlAluminlltlllC1lS lRRO Lo.... Sprlnkl.n SHRF SbinsWCompOlilo Roofing
CTLR Tomp C<Ioolluction Tntllor LPGP PropIDC au Pipina ONLY SIITC SbuIlon - ClJIIImorcial
DECK Wood Dock. LPGT PropcIe 011 Tlllk.llyNm SH'ffi Shultoro. Roaid.nlial
DEMO DomoIili... MNEL Minor Electricll Work SLAB Concm. Slab
DOCK DocI< Il Davill PLAL PIllDlbilla R.pliroIAltcrotiooa SLRH Solor Hoatios System
EXHD ExhauIt Hood Syotam PWC Pilillp _ Comm.reill SPTK Septic Took lDo1allotioolRopU
EXWL Exterior Will AIIorllion PLNG Pili,.. -lWidonl!ol SWRT s...... Top
F ALR Fire AI..... Syotem POOL SIP Swimmi"8 PooIIS", TENT TOIII Erection
FPMP Fi", Pump Syotem PRMV Pro....DYiq bIopoc:tion 'fLRF T~. RoofiD&
FRFF Fireprooflllll REAC AlC RcpIooOD1CDl. 'l1'OL E'-icoJ Sotvic.
FRWL Fire Bcrrior Will REPR RofIil.ralioa UG~'S UIO Prin:l& Fire SorvicefWllle< Maio
FSl'K Fi", SpriokIer Syotem xxx SCCG S...... ElN:1oounIS""'1Il IIDof BCOT Coalmoroial Olhor
FSPS Fm: Standpip. Sjlltem -;J. Soreen ~ Root' BROT Rooidedial Otbor
RESIDENTIAL. USE lOCC CODE -~.. t:t i D I NON.RESIDENTIAL - USE I OCC CODE
_998 - Expr.... R..idoati.t Olhor . 1"'0' _ 9'JI) - ~ NOll-IlAo.identill Other
SreCJfy: ,fl t) Spe.,fy:
_328 - Other Rooidelllial Buildinp fdBlV,.- \f ~Y.!B - 0lII<< Noo-RooicIoalial Boildi....
Shod I CoIpoct III 2 Funlly C' '1"" ' ,'" CooIor I F"'..... I Shed
Sq/Ft ..., _ Specify:
xxx 329 - StnIcluro. olbortboo buildings '29 _ Strucl-. other lhao Builcliap
- Pool I So. w.U I Dock IF.... MOV 0 6 2 - F.... I Di.h! 80s wall I T.nk I T_~
Sq1Pl1824 IIDor SttuehJro
S oj :
Applicoal: . ClJI. "" Add",..: 149 flamingo ave.
Ad......: S02-A SOUIH ROAD Ff.MYERS FL ,. _. ... - , ..-
_1y:FT.MYERS FL 33919 SIlly-florid. Zip: 33907
~:DARCEY JMULLAL
Pboft. N_bor: ( 941 I 278-3211
17037.00
b 3S ~l)
Fire Pion Review
Fire !oIt*liOll
Dot& ConVOlliOll
DCAI _ _
TOTAL PERMIT FEE $
WARNINcr:WORK IN COUNTY RIGHT.Of.WAY
1111& perm~ does nolluthoriZe conIlIructilln or InIlIIllallon of e/l)' IlI'ucluIe or u1Hlty,lIbove or billow ground, within .ny right~f_y ore...melt reeerved
_s, dreinlg. or utility purpo..s. Thll realrlcUon speclftcatly prohibIt "1IO~,lIprintler tytleml. IendlClplng-olher Ihln IOd, signa, weier, _r. ceble
drllinage wort the..in. If .uclllmplllvemlnhllre ne_/y, e Hpal'lte p.rm" for that purpOl8 mUlt b. obtained from ProJ.ct R.vlew S.rvices, (ll~ l-l1~3-S'
Property Owacr or Record:
Addnt.:PO box 11448
City: napes
PbOllO Namller: 513-9833
_ 99 Noli.. ofC<lmmc:oce
_100 FDOli.
_101 !'iI.C.
102 Grlde B....
_103 Slab
_104 Tie Beam
_107 She8IbiIl8 MellII P_ci.
_101 FnaUIIl!
_I 10 lio Down
_I I I Roof"mB ill Propeso
~I I 5 F'maI &illin&
_122 Spot Survey - 10 Days
S.bdimi"", . -:-n. CON~~Jl..5 \J~~...~
Socti..: 7...,-- To....hip: Y"i limB.: '-,.-
Bloot: U LotIP.....I:25 Uuit:_TrICl:_
Gen....al Location: 1234:5 6 7 8 91011 213
III lIJf.
-133 Monolilllic SII.
_ 134 Fiul Jloofin&
_200 !'lumbiIlg Rough
20ITIIb ...
2038owerTop
204 Final Plumbing
=20' 1rripli0ll
_300 MocIIomcaJ Rouah Ale
301 FiaalMecbmicoI
- 400 ROllllh 0..
--401 Final au
SolbIcb - Front:
_501 E;-.. Roup
502 Fiad E100lri0&1
_503 80rYicc ChIqo
_506 Uadcr8f'lUDd Elect
_61B FiaI Fin
619 PoUaliOD CootroI
=-700 Pool SIMI.t GrouDd
701 Fiad Pool
-702 Pool DedI;
800 Rishl....f-Way
_101 Sil. DniDIll.
_803 PIIIttIg
Roor:
T.AZ.
33
Zooilf!: yt.S F= - 3
Zoa.ios I DuilcIiDJ
Elootri.
EngD>.riDl
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$-
$-3.00-
'--
OWNER.BUILDER DISCLOSURE STATEMENT
(D....Dlrd If Applicant Is nolan OWner-Bulldlr)
Stele Lew and Collilr County Ordlnlnee requires cOllltruc:lion 10 b. doni by lIe.nud conlrllCto".lt you Ir. .pplyillg lor. p.nnll under an eremplion 10 Ihat
Iew, Ihe Ixemplion allowa you, Ilthl own.r of 111. properly, 10 act II your own conlnlctor .ven though you do not have a license. You mutllup.rvlle lIle
Elan you....tr. You may build or Implllv. . one-femlly or two-family ..aldlnee Dr I farm building. The building mUM be for your own use end
cy. " mey not be bulb for sale or ...... If you uR or t.... . building you h.ve bulB your aeIt' WIthin on. (1) year .tte, the collB1ruc:lion I. complete. the
will prnume Ihal you bulft" for Ale or I.a.., which 'I. violation of thll excaptlon. Moreovlr, an owner builder applying for, or r.ceivlng more than ODe
(1) building p.nn~ for the IlOnalrucllon of a one-family or two-famlly dwelling In Iny thre. 18lr perlod aIIIl be prtm. fede .vldence 01 building I contracting
wlhout a license which Is a violation of COllier Counly Code.1l1a your reaponllblllly to m.ke lure that p.ople .mployed by you have IIc.naee requlrecl by Il8te
llIw Ind by county or municipal "een.. ordlnlnC.I. Any p.rson werlclng on your buIlding who II not lleenaed mull wort under your lupervlslon and mull be
.mploy.d by you, which melns that you mull deduct F.I.C.A. end withholding ter Ind provld. wel1l.'" compeneetlon for Ihatemploye., III as pr.scrlbed
bylew. Your construction must comply wtlh IUappllcable IIWS, ordinance., building C1ld.l, and zoning reguletlona.
NOTICE- In addnlon to I"" noqlllrell1lln18 t>f th'- P-lI"It. IIHlre maY be Iddlllonll fIlllricllonl IDDRcabll1a thll arODertY !hili nIIV bII found In the public recontl.
of ltris CountY arid 1l1ere mav be IIlIcllllOllllIDllrmlla reoulred from ether aovlrnm.nlalsnlUIeI IlICh n Wiler mann.ment CllIlIIc8. alate laaneJea or'fedentf'-- .
wnm
c.rtkatei:. I a~~ tf
Appllcenl'l N.meICompany: HANSEN SCREEN ENCLOSURES
Slale R~lclnIllon Ne. (if CoIllracto~:
Seclal S.cu!fty Nll& OWn.r.bullder):
f:::. ":ROAD 4 ~*,A" "91' ...110"" ,."017 "_,~,,u
Dele J[--~ ~ lorldl.Cou"!3~Hler, -- Iv (J)
'ThlabuIIdQllJllrmn.allPic:tlllon w...ublcrtbed before me \hill day of IN €./\ ~~ .20
by . tT= ~. ~E/II . , Who II pareonlHy ~ to me or pnldul*!
II identllcetlon.lnd who slated upon ~or lIIfIrmltlon (circle onl) Ihll he!.he haa reed lh. building permit .ppficaHnn. Ihllthe infermalion alKlltlt.menlS I
building I*I"U .pplk:etlon are true 10 thl bell of hlllher 1cnowlIdge, Ind thelth. wort 10 be don. Islulhoriz.d by the owner.
-....----
.~,. - NICHOLA: ~ _...~
~ . My Com ,m Exp. WlloV,,,,"'l
.... Ilonded By SeM:a !111
. . tG. a:670514
,r.: )(r~.. lOOt
~ ;/lJL
)J f;,qto 4ts {J '74u..o
Agenda Item No. 8A
September 13. 2005
Page 1 of 69
EXECUTIVE SUMMARY
POOZ-A-2003-AR-4965; Crystal Lake POA Two, Inc., represented by Terry Kepple of
Kepple Engineering, requesting an amendment to the Crystal Lake Planned Unit
Development (POO) to revise the maximum area for a Park Trailer from 500 to 1,000
square feet; provide for construction of a fence on top of the berm located along Collier
Boulevard (CR 951); and minor clean-up items in the POO language such as change in
owner and preparer. The subject property is approximately 159 acres located on the east
side of Collier Boulevard and approximately Y2 mile south of Immokalee Road (CR 846) in
Section 26, Township 48 South, Range 26 East.
OBJECTIVE:
To have the Board of County Commissioners (BCC) consider an application to amend the
Planned Unit Development (PUD) as noted below and to make sure that the project is in
harmony with all the applicable codes and regulations in order to ensure that the community's
interests are maintained.
CONSIDERATIONS:
......-
The subject 159-acre PUD was approved in 1984 (Ordinance Number 84-73, amended by
Ordinance Number 90-1 and Ordinance Number 94-61) and is a fully developed RV park, with
tracts designated for amenities, storage and conservation, with a maximum of 490 lots. The
Property Owners' Association (POA) feels that the needs of residents are changing and wish to
accommodate the lot owners by allowing more flexibility in the structures permitted. The
applicant wishes to amend the Crystal Lake PUD to allow residents to increase the maximum
allowable size of Park Trailer models from 500 to 1,000 square feet. In addition, due to
changing conditions on Collier Boulevard (CR 951), they also would like to permit a wall and
increased buffering along the western edge of the property. Many other clean-up items were
addressed in this application, including change of owner and preparer. A modification to the
legal description is included to reflect the removal of a portion of the PUD that was sold and
rezoned to be included in the Summit Lakes PUD in 2000.
Originally, this amendment application was submitted to also increase the maximum number of
units permitted within the PUD and initiate a land swap with a neighboring property owner. Due
to staff review and concerns, these requests were removed from the petition.
One deviation is proposed by the applicant, which is contained and explained within section
7.2.A.4 of the PUD document. The requested deviation is from LDC sections 5.03.02.B and
5.03.02.C, which state that fences and walls are to be measured from the ground elevation. This
deviation would allow the wall height to be measured from the top of the berm as opposed to the
,_ ground elevation. The applicant has provided more landscaping than required by the Land
Development Code on the western side of the wall in consideration of this request. The
,.,.""".'
-..........
Agenda Item No. SA
September 13, 2005
Page 2 of 69
deviation is considered necessary by the applicant due to the changing conditions in the
surrounding area that have brought additional traffic to County Road 951.
FISCAL IMPACT:
The rezoning, by and of itself, will have no fiscal impact on Collier County. There is no
guarantee that the project, at build out, will maximize its authorized level of development,
however, if the PUD is amended, a portion of the existing land could be redeveloped.
The County collects impact fees prior to the issuance of building permits to help offset the
impacts of each new development on public facilities. These impact fees are used to fund
projects identified in the Capital Improvement Element of the Growth Management Plan as
needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order
to meet the requirements of concurrency management, the developer of every local development
order approved by Collier County is required to pay 50 percent of the estimated Transportation
Impact Fees associated with the project. Other fees collected prior to issuance of a building
permit include building permit review fees and utility fees associated with connecting to the
County's water and sewer system
Please note that the inclusion of impact fees and taxes collected are for informational purposes
only; they are not included in the criteria used by Staff and the Planning Commission to analyze
this petition.
GROWTH MANAGEMENT IMPACT:
The subject property is located within the Urban (Urban - Mixed Use District, Urban Residential
Subdistrict), as identified on the Future Land Use Map of the Growth Management Plan (GMP).
This district allows Travel Trailer-Recreational Vehicle Parks at a density consistent with the
Land Development Code, which in this case allows 12 units per acre. Because the use is allowed
by the PUD within this district, the PUD may be found consistent with the Growth Management
Plan.
Future Land Use Element (FLUE) Policy 5.4 requires new land uses to be compatible with, and
complementary to, the surrounding land uses. The Department of Zoning and Land
Development Review 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.
ENVIRONMENTAL ISSUES:
The amendment under consideration was originally submitted with the request of altering the
PUD boundary to increase the size of the RV Park, which would have required Environmental
Review staff to reject the petition due to preserve size and configuration. The request was
altered to alleviate Environmental concerns.
,,-
Agenda Item No. 8A
September 13, 2005
Page 3 of 69
ENVIRONMENTAL ADVISORY COUNCIL (EAC) ISSUES:
The Environmental Advisory Council (EAC) did not hear this petition, because the site is already
impacted.
PLANNING COMMISSION RECOMMENDATION:
The Collier County Planning Commission (CCPC) heard the petition on August 4, 2005 and with
a vote of 7-1 recommended to fOIWard this petition to the Board of County Commissioners
(BCC) with a recommendation of approval, subject to the following stipulations:
1. The maximum number of units allowed by the PUD be inclusive of those units stored
within the CommonslRecreation area of the PUD;
2. A five-foot buffer shall be required along the edge of the area used for storage;
3. A five-foot wide easement along the entire western property line, immediately east of
the 25-foot wide Canal Widening and Maintenance Easement shall be dedicated to
Collier County, at no cost to the County, upon request, for the purpose of preventing
the berm from encroaching into a sidewalk that may be installed within the existing
easement.
Stipulation one has been addressed by the applicant by adding language in sections 2.4 and 3.3 of
the PUD document to clarify that only 490 habitable units are permitted within this development.
This will continue to allow residents with a permanent structure on their lot to arrive by R V and
store it onsite. Stipulation 2 is addressed by the current PUD document, within section 4.3.C,
which requires a five-foot landscape buffer be maintained. The third stipulation is incorporated
into the PUD document in section 9.5.L.
In addition to the stipulations placed on the recommendation, the CCPC had a general discussion
on the following topics: the total number of units; the uses allowed within the storage area and
appropriate buffers of these uses; habitable units vs. stored units; detachable porches; the
deviation requested regarding the landscape, berm and wall along the western side of the
property; and the definition oftemporary residency.
The Planning Commissioner voting in opposition expressed concern that the PUD was not
adequately protecting future neighboring development from potential negative impacts caused by
the storage of vehicles in the CommonslRecreation area on the north side of the property.
Stipulation two was a result of this Commissioner's concerns, which has been addressed, as
explained, within the PUD document.
Because the CCPC vote to recommend approval was not unanimous, this petition cannot be
placed on the Summary Agenda.
LEGAL CONSIDERATIONS:
Staff completed a comprehensive evaluation of this land use petition and the criteria on which a
determination by the Board of County Commissioners (BCC) must be based. The legal
considerations are based upon the listed criteria in Chapter 10.03.05 and Chapter 10.02.13 of the
,...Ol._
-
Agenda Item No. SA
September 13, 2005
Page 4 of 69
LDC. These evaluations are completed as separate documents that were incorporated into the
staff report. A summary of the legal considerations and findings recommended by staff are noted
below:
. The proposed change has been deemed consistent with the goals, objectives, and policies
and Future Land Use Map and the applicable elements of the OMP.
. The proposed land uses are compatible with the existing land use pattern.
. The proposed change will not create or excessively increase traffic congestion or create
types of traffic deemed incompatible with surrounding land uses because of peak
volumes or projected types of vehicular traffic, including activity during construction
phases of the development, or otherwise affect public safety. This project has also been
deemed consistent with Policy 5.1 and 5.2 of the Traffic Element of the OMP.
. The timing or sequence of development for the purpose of assuring the adequacy of
available improvements and facilities, both public and private, shall be provided.
The Planning Commission, with its recommendation of approval, concurred with the above legal
considerations and fmdings.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners approve Petition PUDZ-A-2003-
AR-4965, which partially repeals Ordinance Number 84-73, as amended by Ordinance Number
90-1 and Ordinance Number 94-61, and adopt the revised Crystal Lake PUD Ordinance and
PUD document attached hereto, noting that, in staff's opinion, the request is consistent with the
OMP Future Land Use Element designation; and as further limited in the revised PUD
document, the revised Master Plan, the uses allowed by this amendment will be consistent with
Policy 5.4, that requires new development to be compatible with the surrounding uses.
PREPARED BY:
Heidi K. Williams, Principal Planner
Department of Zoning and Land Development Review
Item Number:
Item Summary:
Meeting Date:
Agenda Item No SA
September 13, 2005
Page 5 01 69
COLLIER COllNTY
BOARD OF COUNTY COMMISSIONERS
8A
Thit> item requires HH~t all participltnls be !Sworn in and ex palle disclosure be plOvided hy
Commission members. PUDZ-A"2003-AR-4965 Crystal lake POA Two, inc., represented by
Terry Kepple of Kepple Engineering, requesting a Planned Unit Development Amendment to
revise the maximum area for fl Ptuk Trader from 500 to 1000 square leet: provide 10f
construction of a fence or' top of the berm located illong Colliet Boulevard; and minor clean-
up Items in thE' PUD language such as change in owner, and preparcr. The subject property
is 1688 ac.-ell located at 14960 Colliet Boulevard in Section 26, Township 48 South. Range
26 East
9/1 Zl2005 9 :00:00 AM
Principal Planner
Oat.
Prepared By
Heidi WillialTls
Community Development &
Environmental Services
Zoning & Land Development Review
8/19120052:20:46 PM
Approved By
Chll!1f Planner
Dale
Ray Bellowa
Community Development &
Environm~ntal Services
lonlng & Ltmd Development Review
8119/20053:00 PM
Dot.
A)lprov~d By
Constance A. Johnson Operation>> Analyst
Community D(!>velopment & Community Development &
Environmental Services EnvironnW'ntal Services Admin.
8/22/20058:52 AM
Approved By
Date
Sandra Lea b;ecutive Secretary
Community Development & Community Developmtlnt &
Environmental Services Environmental Service6 Admin.
8/2l/loo5 9:00 AM
Norm E. Feder, Alep
Tran.portation Diviskln Adminl6trator
Oat.
Approved By
Transportation Services
Trlilnsportation Services Admin.
6!22f2005 4:36 PM
OOMIc! L. Scott
Transportation Pl.anning Director
0...
Appruved By
Tram;portation SerVICK
Transporttltlon Plannmg
6/23/2005 1 :59 PM
AIJproved By
Susan Murray, AICP
Community Development &
Environmental Services
Zoning & Land Development Director
Dot.
Zoning & Land Development Review
Ul26f2005 12:46 PM
Apllroved By
Oat.
Jos~ph K. Schmitt
Community Devi1llopment &
Environmtlntul Services
Community Development &
Environmental Sendco.. A.dminstratot
Community Developmen1 &
Environmental Services Admin,
8126/20057:43 PM
PatrickG,White
Assistant County Attorney
0,,.
AII)lrond By
County Attorney
County Attorney Office
8f29!2005 3:58 PM
OMS Coordinator
Administrative Assistant
Date
AIJproved By
County Manager's Offit::e
Office 01 Management & Budget
813012005 10:50 AM
Mark Isackson
BlIdget Analyst
Oat.
Approved By
County Managl':r's Office
Office of ManagelTHmt & Budget
8130/200511:14 AM
Michael Smykow5ki
ManaglHnent & Budget Director
Date
AIJIJrovcd B)'
county Manager's Office
OffIce of Management & Budget
8/31"2005 3:36 PM
James V. Mudd
County Manager
Oat.
Approved By
Board of County
Commilisior1ers
County MaFl.!:lger's Office
9/1/20057;28 PM
J'
AG~JlMM13.l(O. SA
September 13, 2005
Page 6 of 69
Co..,. County
~~ -
STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
FROM:
DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT & ENVIRONMENTAL
SERVICES DIVISION
HEARING DATE: AUGUST 4, 2005
SUBJECT:
PETITION PUDZ-A-2003-AR-4965; CRYSTAL LAKE PUD
AGENT! APPLICANT:
OWNER:
Crystal Lake POA Two, Inc.
14960 Collier Blvd.
Naples, FL 34119
AGENT: Terrance Kepple
Kepple Engineering
3806 Exchange Ave
Naples, FL 34104
REQUESTED ACTION:
The petitioner is requesting an amendment to the Crystal Lake Planned Unit Development
(PUD). ii This PUD Amendment proposes to change development standards for mobile homes
and perimeter buffer fencing along Collier Boulevard.
GEOGRAPmc LOCATION:
The subject PUD is located on the east side of Collier Boulevard (CR 951), approximately ~
mile south of Immokalee Road (CR 846), in Section 26, Township 48 South, Range 26 East,
Collier County, Florida. (See illustration on following page)
PUDA-2003-AR-4965, Crystal Lake PUD
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Agenda Item No. 8A
September 13, 2005
Page 8 of 69
PURPOSEIDESCRIPTION OF PROJECT:
The purpose of this petition is to amend the PUD to revise the maximum floor area for a Park
Trailer from 500 to 1,000 square feet; provide for construction of a fence on top of the berm
located along Collier Boulevard to protect residents from noise and visual impacts on Collier
Boulevard; and minor clean-up items in the PUD language such as change in owner and
preparer. The amendment would remove the definition of "Camping trailer" from section
3.2.D of the PUD document, and eliminate this as an allowable use in the Park Trailer/RV
Development Tract, contained in section 3.4.A.3 of the POO document. The request was
originally submitted to amend the boundary of the POO and increase the number of allowable
units. Based on review comments the application was revised to eliminate that portion of the
request.
SURROUNDING LAND USE AND ZONING:
Subject Parcel:
The parcel is a developed trailer park.
Surrounding- North:
East:
South:
West:
Residential, zoned Tuscany Cove PUD
Undeveloped, zoned Rural Agriculture
Future Multi-family residential, zoned Warm Springs PUD
School, Residential, zoned Rural Agriculture and Indigo Lakes POO
GROWTH MANAGEMENT PLAN CONSISTENCY:
Future Land Use Element (FLUE): 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 (GMP). This district permits Travel Trailer-Recreational Vehicle
Parks at a density consistent with the Land Development Code, which in this case allows 12
units per acre. Because the use is allowed by the PUD within this district, the POO may be
found consistent with the Growth Management Plan.
. "
Transportation Element: The Transportation Department staff has reviewed the Trip
. Generation Report submitted by the applicant and they have determined that the proposed
amendment will not increase the site-generated trips. The Report was submitted vvith the
initial amendment request, which would have added nine home sites. This aspect has been
withdrawn, so there will be no additional use of the road network based on this amendment.
lbis petition is found to be consistent with Policies 5.1 and 5.2 of the Transportation Element
of the Growth Management Plan.
ANAL YSIS:
Staff completed a comprehensive evaluation of this land use petition and the criteria on
which a favorable determination must be based. These criteria are specifically noted in
PUDA-2003-AR-4965, Crystal Lake PUD 3
Agenda Item No. 8A
September 13, 2005
Page 9 of 69
Section 10.03.05.H and Section 10.02.13.E of the Land Development Code and required staff
evaluation and comment. The Planning Commission to the BCC also uses these criteria as the
basis for their recommendation. Appropriate evaluation of petitions for amendments to PUDs
should establish a factual basis for supportive action by appointed and elected decision-
makers. Each of the potential impacts or considerations identified during the staff review is
listed under each criterion noted and is summarized by staff, culminating in a determination
of compliance, non-compliance, or compliance with mitigation. These evaluations are
completed as separate documents and are attached to the staff report (See Exhibit "A" and
Exhibit "B").
Environmental Analvsis: Environmental Services Staff has reviewed the petition and made
minor revisions to the PUD document.
The petition was not heard by the Environmental Advisory Council.
Zonin~ and Land Development Review Analysis: Staff analysis of the proposed amendment
to the Crystal Lake PUD fmds that the requested changes are consistent with Section
10.03.05.G of the Land Development Code. Specifically, the proposed uses are compatible
with the Growth Management Plan and the existing land use pattern and traffic levels should
not be adversely impacted. The proposed changes will not adversely influence living
conditions in the neighborhood. Adequate public facilities are currently being provided for
the PUD.
The amendment proposes two deviations from the requirements of the Land Development
Code. They are incorporated into the PUD Document in section 7.2.A.4, which explains that
the deviations are intended to allow modification of the way that the fence providing a buffer
from Collier Boulevard is measured and to allow the applicant to provide a Type B landscape
buffer instead of a Type D buffer that would normally be required. The required Type D is a
minimum of twenty feet wide and contains trees spaced no more than thirty feet apart, and a
three-foot tall hedge. The Type B buffer requires a minimum of fifteen feet in width, a row
of trees no more than thirty feet apart and a six-foot tall hedge or wall. The applicant has
agreed to provide the additional plant material required by the Type B buffer to compensate
for the consideration given to the proposed deviation of wall height measurement. Staff feels
that du<.: to the changing conditions on CR 951, such as increased utilization of this roadway
and the pending widening, this is a reasonable request that will benefit the residents of
Crystal Lake PUD, while not impacting the health, safety or welfare of the neighboring
community. A cross-section of the proposed buffer is attached to the PUD as Exhibit "B".
Staff recommends that PUD section 3.5.F be rewritten to eliminate potential confusion during
the permitting process. Recommended language would read:
"F. MAXIMUM GROSS FLOOR AREA:
1) One thousand (1,000) square feet, exclusive of decks and porches, for
HUD units, as defined by section 3.2.B of the PUD document.
2) Four hundred (400) square feet, exclusive of decks and porches, for ANSI
A-119.5 units, as defined by section 3.2.B of the PUD document."
PUDA-2003-AR-4965, Crystal Lake PUD 4
Agenda Item No. 8A
September 13, 2005
Page 10 of 69
NEIGHBORHOOD INFORMATION MEETING:
Synopsis provided by Linda Bedtelyon, Community Planning Coordinator:
The petitioner held the required Neighborhood Information Meeting on April 21, 2004 at Crystal
Lake Recreation Center, 5 :30 P.M. Approximately 120 individuals other than the agent for the
applicant and County staff attended. Of those persons that spoke, most expressed concerns relative
to the existing conservation designation of the subject's ten-acre parcel to the north and the uses that
would be permitted as a result of an approved rezone. In response to questions from property
owners, agent for the applicant, Mr. Terry Kepple said no "camping trailers" would be allowed.
Some property owners stated a preference for the conservation designation. Mr. Ott, President of
Crystal Lake POA Two, Inc. said, "Right now, we have all the storage necessary to service this
community." Apparently the Board of Directors and the homeowners have divergent views
regarding the proposed rezone. (Note: The applicant altered the PUD Amendment request after the
NIM was held. The boundary change that was of concern during the NIM is not being pursued. This
petition only addresses changes to the development standards, and not a boundary change as
originally expected.)
STAFF RECOMMENDATION:
That the Collier County Planning Commission (CCPC) forward a recommendation of APPROVAL
of Petition PUDA-2003-AR-4965 amending Ordinance Number 84-73, as amended by Ordinance
90-1, as described by the adoption ordinance and exhibits thereto, the Crystal Lake PUD regulatory
document.
PUDA-2003-AR-4965, Crystal Lake PUD 5
Agenda Item No. 8A
September 13, 2005
Page 11 of 69
PREPARED BY:
~
HEIDI K. WILLIAMS, PRINCIPAL PLANNER
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
1-'[GJ 05
DATE
RE~WE.D BY:
y~ 1IiqllbA~/
PATRICKG. WIDTE ~
ASSISTANT COUNTY ATTORNEY
/L. -/tj~- z/11/p,S
RA YMoNDl\r. BELLOWS, MANAGER ATE
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
~~
. SUst'ANMURRAY,AICP,DIRE R
. 'DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
7/t.I/dr
I DATE
APPROVED BY:
Scheduled for the September 13, 2005 Board of County Commissioners Meeting
COLLIER COUNTY PLANNING COMMISSION:
RUSSELL A. BUDD, CHAIRMAN
DATE
Exhibits:
A. Rezone Findings
B. PUD Findings
PUDA-2003-AR-4965, Crystal Lake PUD 6
Agenda Item No. SA
September 13, 2005
Page 12 of 69
Exhibit" A "
REZONE FINDINGS
PETITION PUDZ-2005-AR-4965
Division IO.03.05.H of the Collier County Land Development Code requires that the report
and recommendations of the Planning Commission to the Board of County Commissioners
shall show that the Planning Commission has studied and considered the proposed change in
. - --_._.~-------
- --.. -u--.-relation to the following, where applicable: - - -
1. - Whether the proposed change will be consistent with the goals, objectives, and
policies and Future Land Use Map and the elements of the Growth Management
Plan.
The 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 (GMP). Comprehensive Planning staff has deemed the proposed
amendment to be consistent with this district.
2. The existing land use pattern.
The subject property is located on the east side of Collier Boulevard (CR 951),
approximately ~ mile south of the intersection with Immokalee Road (CR 846). The
site is surrounded by residential, undeveloped and institutional uses. The current
petition does not address the use of the land, but rather the development standards on
it.
3. The possible creation of an isolated district unrelated to adjacent and nearby
districts.
The petition does not change the use of the land. The current approved and developed
use will not result in an isolated district unrelated to adjacent and nearby districts.
4. Whether existing district boundaries are illogically drawn in relation to existing
conditions on the property proposed for change.
The proposed amendment to the Crystal Lake POO doesn't change the currently
approved district boundaries that were previously deemed to be logically drawn in
relation to existing conditions at the time the property was first rezoned to a PUD.
PUDA-2003-AR-4965, Crystal Lake PUD
7
Agenda Item No. SA
September 13, 2005
Page 13 of 69
5. Whether changed or changing conditions make the passage of the proposed
amendment necessary.
Collier Boulevard has been subject to growth in the area of Crystal Lake PUD. Due
to this, residents feel a need to install additional buffering material along the road
frontage, which was not permitted by the previously adopted PUD document. The
residents of Crystal Lake PUD would also like to have the option of expanding their
current homes. Development standards within the PUD prevented many of the -
desired improvements.
6. Whether the proposed change will adversely influence living conditions in the
neighborhood.
The proposed amendments would have no adverse impact on the neighboring
communities.
7. Whether the proposed change will create or excessively increase traffic
congestion or create types of traffic deemed incompatible with surrounding land
uses, because of peak volumes or projected types of vehicular traffic, including
activity during construction phases of the development, or otherwise affect
public safety.
Evaluation of this project took into account the requirement for consistency with
Policy 5.1 of the Transportation Element of the GMP and was found consistent, a
statement advising that this project when developed will not excessively increase
traffic congestion. Modification to existing units is not expected to increase the
intensity of the development, and so would have no additional impacts on the road
network.
8. Whether the proposed change will create a drainage problem.
The Land Development Code specifically provides the development standards that are
designed to reduce the risk of flooding on nearby properties. New development in
imd of itself is not supposed to increase flooding potential on adjacent property over
and above what would occur without development. In summary, every project
approved in Collier County involving the utilization of land for some land use activity
is scrutinized and required to mitigate all sub-surface drainage generated by
developmental activities as a condition of approval. This project was reviewed for
drainage relationships and design and construction plans are required to meet County
standards as a condition of approval.
PUDA-2003-AR-4965, Crystal Lake PUD 8
Agenda Item No. SA
September 13, 2005
Page 14 of 69
9. Whether the proposed change will seriously reduce light and air to adjacent
areas.
All projects in Collier County are subject to the development standards that are
unique to the zoning district in which they are located. These development standards
and others apply generally and equally to all zoning districts (i.e. open space
requirement, corridor management provisions, etc.) and were designed to ensure that
light penetration and circulation of air does not adversely affect adjacent areas.
--- ---- - ---- -, 10.
-whaliertlie propose'cr-chaiigeuwlIficfverseJy-' 8ITecTpropenyviliies -m -flie- U
adjacent area.
_ The development standards within the Crystal Lake PUD are appropriate. to the
requested use of the land. They are designed to reduce potential conflicts between
different types of development. Therefore, staff is of the opinion that this petition will
not adversely affect property values. It should be noted that the value of property is a
subjective determination based upon anticipated results, which may be internal or
external to the subject property. Property valuation is affected by a host of factors
including zoning, however zoning by itself mayor may not affect values since value
determination by law is driven by market value.
11. Whether the proposed change.will he a deterrent to the improvement or
development of adjacent property in accordance with existing regulations.
Many of the surrounding properties are already developed. Those that are
undeveloped are zoned for low-intensity residential, which is compatible when
appropriately buffered from the existing residential use in Crystal Lake PUD. Staff
does not feel that the proposed amendment will negatively impact development of the
adjacent properties.
12. Whether the proposed change will constitute a grant of special privilege to an
individual owner as contrasting with the public welfare.
The Comprehensive Planning staff has determined that the proposed amendment to
the Pun complies with the GMP. In light of this fact, the proposed PUD Amendment
. does not constitute a grant of special privilege.
13. Whether there are substantial reasons why the property cannot be used in
accordance with existing zoning.
The subject property is currently developed and used in accordance with the existing
PUD zoning. The proposed POO amendment does not propose an amendment to
permitted uses, rather seeks to alter development standards of the currently approved
uses.
PUDA-2003-AR-4965, Crystal Lake PUD 9
Agenda Item No. 8A
September 13, 2005
Page 15 of 69
14. Whether the change suggested is out of scale with the needs of the neighborhood
or the County;
The proposed amendment complies with the GMP and will not adversely impact the
scale, density and overall intensity of land uses deemed to be acceptable throughout
Collier County. The amendment seeks to address the needs of current residents.
.- -.. - .-. ... - .. _.-- - _. -_. - -_.~.- -- ---.- ----- .-.-..,.--.------..----..~----...- .. .-.,-------
15. Whether it is impossible to find other adequate sites in the County for the
proposed use in districts already permitting such use.
The permitted uses in Crystal Lake PUD have been deemed consistent with the
Collier County Growth Management Plan. Permitted uses will not be altered beyond
some of the development standards adopted by the PUD.
16. The physical characteristics of the property and the degree of site alteration
which would be required to make the property usable for any of the range of
potential uses under the proposed zoning classification.
The subject property has been altered and developed in conformance with the
applicable PUD and Land Development Code standards. Very little modification
would be required to construct according to the proposed standards.
17. The impact of development on the availability of adequate public facilities and
services consistent with the levels of service adopted in the Collier County
Growth Management Plan and as defmed and implemented through the Collier
County Adequate Public Facilities Ordinance, as amended.
'-
-
A multi-disciplined team responsible for jurisdictional elements of the GMP has
reviewed this petition and has found it consistent with the GMP. Staff reviews for
adequacy of public services and levels of service determined that required
infrastructure meets with GMP established relationships. The proposed change will
have no affect upon those conditions.
PUDA-2003-AR-4965, Crystal Lake PUD 10
Agenda Item No. 8A
September 13, 2005
Page 16 of 69
Exhibit "B"
FINDINGS FOR pun
PUDZ-A-2005-AJR-4965
Section 1O.02.l3.B.5 of the Collier County Land Development Code requires the Planning
Commission to make a finding as to the POO Master Plan's compliance with the following
criteria:
1. The suitability of the area for the type and pattern of development proposed
in relation to physical characteristics of the land, surrounding areas, traffic
and access, drainage, sewer, water, and other utilities.
Jurisdictional reviews by County staff support the manner and pattern of
development proposed for the subject property. These elements are already
utilized by the existing development.
2. Adequacy of evidence of unified control and suitability of any proposed
agreements, contract, or other instruments, or for amendments in those
proposed, particularly as they may relate to arrangements or provisions to be
made for the continuing operation and maintenance of such areas and
facilities that are not to be provided or maintained at public expense.
Documents submitted with the application provide evidence of unified control of
the subject site. The PUD document makes appropriate provisions for continuing
operation and maintenance of common areas.
3. Conformity of the proposed Planned Unit Development with the goals,
objectives and policies of the Growth Management Plan.
The subject petition has been found consistent with the goals, objectives and
policies of the GMP. A more detailed description of this conformity is addressed
in the Staff Report.
4. The internal and external compatibility of proposed uses, which conditions
may include restrictions on location of improvements, restrictions on design,
and buffering and screening requirements.
The proposed uses are an integral part of the Crystal Lake development. They are
an extension of existing uses, which will continue to provide adequate buffering
to shield neighbors from potential impacts.
PUDA-2003-AR-4965, Crystal Lake PUD 11
Agenda Item No. 8A
September 13, 2005
Page 17 of 69
5. The adequacy of usable open space areas in existence and as proposed to
serve the development.
As provided in the PUD Document, the amount of open space set aside by this
project is consistent with the provisions of the Land Development Code.
6. The timing or sequence of development for the purpose of assuring the
adequacy of available improvements and facilities, both public and private.
... - -GIven-the -fact-iliiit'tlli't-rystal Lake .PuD -Is -currently - under-development, . the
timing or sequence of development in light of concurrency requirements is not a
significant problem.
7. The ability of the subject property and of surrounding areas to
accommodate expansion.
Ability, as applied in this context, implies supporting infrastructure such as
wastewater disposal system, potable water supplies, characteristics of the
property relative to hazards, and capacity of roads, is supportive of conditions
emanating from urban development. Infrastructure is in place in the vicinity and
is adequate for the level of development permitted. The proposed amendment
does not increase the burden on these facilities.
8. Conformity with pun regulations, or as to desirable modifications of such
regulations in the particular case, based on determination that such
modifications are justified as meeting public purposes to a degree at least
equivalent to literal application of such regulations.
The proposed amendment intends to adhere to the intent of the Land
Development Code for this type of development. It seeks to alter certain
regulations of the currently adopted PUD document.
PUDA-2003-AR-4965, Crystal Lake PUD 12
Agenda Item No. SA
September 13, 2005
P..agaJ a.of 69
PUDZ-A-2003-AR-4965
PROJECT # 2003100064
DATE: 12/24/2003
. FRED REISCHL
APPLICA nON FOR PUBLIC HEARING FOR:
DpUD REZONE (PUDZ)
[JpUD TO PUD REZONE (PUDZ-A)
Petition No.:
Planner Assigned:
Date Received:
Commission District:
ABOVE TO BE COMPLETED BY STAFF
1. General Information:
Name of Applicant(s) Crystal Lake POA Two. Inc.
Applicant's Mailing Address 14960 Collier Blvd.
City
^'I.-/ / jy-
Zi -33t2tf v
p- -
Naples
State FL
Applicant's Telephone # 353-4212
Fax #
Applicant's E-Mail Address:
Name of Agent Terrance Kepple
Firm Kepple Engineering
Agent's Mailing Address
3806 Exchange Ave.
City Naples
State FL
Zip 34104
Agent's Telephone #
403-1780
Fax #
403-1787
Agent's E-Mail Address:
keienlrin@aol.com
COLLIER COUNTY COMMUNITY DEVELOPMENT
PLANNlNG SERVICES/CURRENT PLANNING
2800 N. HORSESHOE DRIVE-NAPLES, FL 34104
PHONE (941) 403-2400IFAX (941) 643-6968
ADDlic:atiOD For Public: BeariD2 For PUB RI20DIt 8/29193
~
Agenda Item No. SA
September 13, 2005
*Be aware that Collier County has lobbyist regulations. Guide yourself accordingly Page 19 of 69
and ensure that you are in compliance with these regulations.
Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets
if necessary)
Name of Homeowner Association:
Crystal Lake POA Two. Inc
Mailing Address
14960 Collier Blvd.
City NaDles
State FL Zip 33120
Name of Homeowner Association:
Mailing Address
City
State _ Zip
Name of Homeowner Association:
Mailing Address
City
State _ Zip
Name of Master Association:
Mailing Address
City
State _ Zip
Name of Civic Association:
Mailing Address
City
State _ Zip
2 . Disclosure or Interest Information:
a If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy
in common, or joint tenancy, list all parties with an ownership interest as well as the
percentage of such interest. (Use additional sheets if necessary).
Name and Address
Percentage of Ownmhip
ADDlic.doD For Public He.rlM For PUD Rezone 8/29103
Agenda Item No, 8A
September 13, 2005
b. If the property is owned by a CORPORATION, list the officers and stockholdetsgmdrthe69
percentage of stock owned by each.
Name and Address, and Office
Crvstal Lake POA Two. Inc
Percentage of Stock
(a not for profit corporation)
Edwin L. Ott
William Walker
Claude Miller
Janet Wiebke
President
Secretary
Treasurer
Director
c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the
percentage of interest.
Name and Address
Percentage of Interest
d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the
name of the general and/or limited partners.
Name and Address
Percentage of Ownership
e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a
Corporation, Trustee, or a Partnership, list the names of the contract purchasers below,
including the officers, stockholders, beneficiaries, or partners.
Name and Address
Percentage of Ownership
Date of Contract:
ADDlicaCioll For Pablh: Hearillll' For P1JD RPDUU' 812910.1
Agenda Item No. SA
September 13, 2005
f. If any contingency clause or contract tenns involve additional parties, list all iBdilf.i4Wds69
or officers, if a corporation, partnership, or trust.
Name and Address
g. Date subject property acquired ( ) leased ( ):
Term oflease
yrs.lmos.
If, Petitioner has option to buy, indicate date of option:
terminates: , or anticipated closing date
and date option
h. Should any changes of ownership or changes in contracts for purchase occur subsequent
to the date of application, but prior to the date of the final public
hearing, it is the responsibility of the applicant, or agent on his behalf, to submit
a supplemental disclosure of interest form.
3. Detailed lenl descriotion of the prooertv covered bv the apolication: (If space is
inadequate, attach on separate page.) If request involves change to more than one zoning
district, include separate legal description for property involved in each district. Applicant
shall submit four (4) copies of a recent survey (completed within the last six months,
maximum 1" to 400' scale) if required to do so at the pre-application meeting.
NOTE: The applicant is responsible for supplying the correct legal description. If questions
arise concerning the legal description, an engineer's certification or sealed survey may be
required.
Section: _26_ Township: _48 S_ Range: _26 E_
Lot:
Block:
Subdivision:
Plat Book_ Page #:
Property I.D.#:_2958251 1056
Metes & Bounds Description:
Set"
I/"o';,,,,,,/&,, ; H I'll LJ
.
4.
Size ofproDertv: _ 4600_ft. X _1700_ft. = Total Sq. Ft.
Acres 169
5.
Addressl2eneralloeation of subiect nrooertv:
14960 Collier Blvd.
6. PUD District (LDC 2.2.20.4): M Residential 0 Community Facilities
o Commercial 0 Industrial
AoDlkatlOll For ..bile Heari. For PUB RezODe Bl29103
7. Adiacent zonin!! and land use:
Zoning Land use
N A V scant
S PUD Conservation area
E A V scant
W R/W Canal & Collier Blvd
Agenda Item No. SA
September 13, 2005
Page 22 of 69
Does the owner of the subject property own property contiguous to the subject property? If
so, give complete legal description of entire contiguous property. (If space is inadequate,
attach on separate page). NO
Section:
Township: Range:
Lot:
Block: Subdivision:
Plat Book_ Page #:
Property I.D.#:
Metes & Bounds Description:
8. Rezone Reouest: This application is requesting a rezone from the PUD
zoning district(s) to the PUD zoning district(s).
Present Use of the Property:
Recreational vehicle Dark
Proposed Use (or range of uses) of the property:
Recreational vehicle Dark
Original PUD Name: Crystal Lake Recreational Vehicle Resort Ordinance No.: 90-1
- -
9. Evaluation Criteria: Pursuant to Section 2.7.2.5 and Sec. 2.7.3.2.5 of the Collier County
Land Development Code, staff's analysis and recommendation to the Planning Commission,
and the Planning Commission's recommendation to the Board of County Commissioners shall
be based upon consideration of the applicable criteria noted below. Provide a narrative
statement describing the rezone request with specific reference to the criteria noted below.
Include any backup materials and documentation in support of the request.
PUD Rezone Considerations (LDC Section 2. 7.3.2.5)
ADDlklltiOll For Public HeariH For PUD Rezcme 8IZ9103
Agenda Item No. 8A
September 13, 2005
Page 23 of 69
1. The suitability of the area for the type and pattern of development proposed in relation to
physical characteristics of the land, surrounding areas, traffic and access, drainage,
sewer, water, and other utilities.
2. Adequacy of evidence of unified control and suitability of any proposed agreements,
contract, or other instruments, or for amendments in those proposed, particularly as they
may relate to a"angements or provisions to be made for the continuing operation and
maintenance of such areas and facilities that are not to be provided or maintained at
public expense. Findings and recommendations of this type shall be made only after
consultation with the county attorney.
3. Conformity of the proposed PUD with the goals, objectives andpolicies of the growth
management plan.
4. The internal and external compatibility of proposed uses, which conditions may include
restrictions on location of improvements, restrictions on design, and buffering and
screening requirements.
5. The adequacy of usable open space areas in existence and as proposed to serve the
development.
6. The timing or sequence of development for the purpose of assuring the adequacy of
available improvements and facilities, both public and private.
7. The ability of the subject property and of su"ounding areas to accommodate expansion.
8. Conformity with PUD regulations, or as to desirable modifications of such regulations in
the particular case, based on determination that such modifications of justified as
meeting public purposes to a degree at least equivalent to literal application of such
regulations.
9. Deed Restrictions: The County is legally precluded from enforcing deed restrictions,
howevert many communities have adopted such restrictions. You may wish to contact the
civic or property owners association in the area for which this use is being requested in order
to ascertain whether or not the request is affected by existing deed restrictions.
10. Previous land use oetitions on the subiect Drooertv: To your knowledge, has a public
hearing been held on this property within the last year? If so, what was the nature of that
hearing?
ADDlleatloa For Public Burial( For PUD Rezone 1129113
Agenda Item No, SA
September 13, 2005
11. Additional Submittal reouirements: In addition to this completed application, theffaliaWing 69
shall be submitted in order for your application to be deemed sufficient, unless otherwise
waived during the pre-application meeting.
a. A copy of the pre-application meeting notes;
b. If this rezone is being requested for a specific use, provide twenty (20) copies (this
includes: HUI if affordable housing, Joyce Ernst, if residential and ImmokaleelWater
Sewer District, if in Immokalee) ofa24" x 36" conceptual site plan [and one reduced 8W'
x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting
the following [Additional copies of the plan may be requested upon completion of staff
evaluation for distribution to the Board and various advisory boards such as the
Environmental Advisory Board (EAB), or CCPC];
· all existing and proposed structures and the dimensions thereof,
· provisions for existing and/or proposed ingress and egress (including pedestrian
ingress and egress to the site and the structure(s) on site),
· all existing and/or proposed parking and loading areas [include matrix indicating
required and provided parking and loading, including required parking for the
disabled],
· required yards, open space and preserve areas,
· proposed locations for utilities (as well as location of existing utility services to the
site),
· proposed and/or existing landscaping and buffering as may be required by the County,
c. An architectural rendering of any proposed structures.
d. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land
Development Code (LDC) , or a request for waiver if appropriate.
e. Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within
the previous twelve months), minimum scale of one inch equals 400 feet, shall be
submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries.
Such identification shall be consistent with Florida Department of Transportation Land
Use Cover and Forms Classification System. Additionally, a calculation of the acreage
(or square feet) of native vegetation on site, by area, and a calculation and location(s) of
the required portion of native vegetation to be preserved (per LDC Section 3.9.5.5.4.).
ADDliation For Public Hanu For PUD RezoH 8IZ9JOJ
Agenda Item No. SA
September 13, 2005
Page 25 of 69
f. Statement of utility provisions (with all required attachments and sketches);
g. A Traffic Impact Statement (TIS), unless waived at the pre-application meeting;
h. A historical and archeological surveyor waiver application if property is located within
an area of historical or archaeological probability (as identified at pre-application
meeting);
i. Any additional requirements as may be applicable to specific conditional uses and
identified during the pre-application meeting, including but not limited to any required
state or federal permits.
J. An electronic version of the PUD on a disk as part of this submittal package.
k. Boundary Survey, no more than six months old - LDC Section 2.7.3.1.2.(8)
Please be advised that Section 2.7.2.3.2 (3) of the Land Development Code requires
an applicant to remove their public hearing advertising sign (8) after (mal action is
taken by the Board of County Commissioners. Based on the Board's final action on
this item, please remove aU public hearing advertising sign (s) immediately.
ADDlicatioD Far Public Realill!! Far PUB R_e 8129!03
Agenda Item No, 8A
September 13, 2005
Page 26 of 69
STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REOUEST
1. NAME OF APPLICANT: Crystal Lake POA Two. Inc
2 . MAILING ADDRESS: 14960 Collier Blvd.
CITY
Na-ples
STATE_FL
ZIP 33120
3. ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 14960 Collier Blvd
4. LEGAL DESCRIPTION:
Section: _26_ Township: _48 S_ Range: _26E_
Lot:
Block:
Subdivision: Crystal Lake Subdivision
Plat Book
Page #:
Property I.D.#:_29582511056
Metes & Bounds Description:
5. TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system):
a. COUNTY UTILITY SYSTEM ~
b. CITY UTILITY SYSTEM 0
c. FRANCmSED UTILITY SYSTEM 0
PROVIDE NAME
d. PACKAGETREA~NTPLANT 0
(GPD capacity)
· . SEPTIC SYSTEM 0
6. TYPE OF WATER SERVICE TO BE PROVIDED:
a. COUNTY UTILITY SYSTEM
b. CITY UTILITY SYSTEM
c. FRANCHISED UTILITY SYSTEM
PROVIDE NAME
d. PRIVATE SYSTEM (WELL)
~
o
o
D
ADoIieatioD For Public Hearill2 For PUD RezoDe 8129103
Agenda Item No. SA
September 13, 2005
Page 27 of 69
7. TOTAL POPULATION TO BE SERVED:_ 499
8. PEAK AND AVERAGE DAILY DEMANDS:
A. WATER-PEAK_8S gpm AVERAGE DAILY_49,OOO gpd_
B. SEWER-PEAK_8Sgpm_ AVERAGEDAlLY_49,OOOgpd_
9. IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL
WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE
REQUIRED: _Existin2
10. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic
drawing of sewage treatment process to be used as well as a specific statement regarding the
method of affluent and sludge disposal. If percolation ponds are to be used, then percolation
data and soil involved shall be provided from tests prepared and certified by a professional
engineer.
11. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located
within the services boundaries of Collier County's utility service system, written notarized
statement shall be provided agreeing to dedicate to Collier County Utilities the water
distribution and sewage collection facilities within the project area upon completion of the
construction of these facilities in accordance with all applicable County ordinances in effect at
the at time. 1bis statement shall also include an agreement that the applicable system
development charges and connection fees will be paid to the County Utilities Division prior to
the issuance of building permits by the County. If applicable, the statement shall contain shall
contain an agreement to dedicate the appropriate utility easements for serving the water and
sewer systems.
12. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless
waived or otherwise provided for at the pre-application meeting, if the project is to receive
sewer or potable water services from any provider other than the County, a statement from
that provider indicating that there is adequate capacity to serve the project shall be provided.
Utility ProviaiOD State.CDt RJM 10117/97
ADDli12t1on For Public H12riDI! For PUD RezoIle 81291U3
Agenda Item No. 8A
September 13, 2005
Page 28 of 69
1. The suitability of the area for the type and pattern of development proposed in relation to
physical characteristics of the land, surrounding areas, traffic and access, drainage,
sewer, water, and other utilities.
Crystal Lake is an existing community with all infrastructure in place to serve the
community, including connections to public water, sewer & roads.
2. Adequacy of evidence of unified control and suitability of any proposed agreements,
contract, or other instruments, or for amendments in those proposed, particularly as they
may relate to arrangements or provisions to be made for the continuing operation and
maintenance of such areas and facilities that are not to be provided or maintained at
public expense. Findings and recommendations of this type shall be made only after
consultation with the county attorney.
This PUD amendment is proposed by the property owners association to provide for
minor changes desired by this community.
3. Conformity of the proposed PUD with the goals, objectives and policies of the growth
management plan.
This GMP allows development of this type in the urban residential subdistrict. The
project is an existing PUD, permitted and designed in accordance with the GMP.
4. The internal and external compatibility of proposed uses, which conditions may include
restrictions on location of improvements, restrictions on design, and bufftring and
screening requirements.
This community is existing, with the exception of two small 5 acre tracts on the north
side. Buffering of these tracts will be the same as the existing developed parcel.
5. The adequacy of usable open space areas in existence and as proposed to serve the
development.
All open space for the project has been designed and dedicated on the subdivision plats
for this project.
6. The timing or sequence of development for the purpose of assuring the adequacy of
available improvements andfadlities, both public and private.
98% of the PUD is complete, at this time. The remaining area to be developed will
depend on the desires of the property owners (property owner association) as the small
undeveloped area is all owned by the association.
7. The ability of the subject property and of surrounding areas to accommodate expansion.
No expansion of the subject property is proposed. The project is essentially built-out
and the undeveloped area is controlled by the property owner association.
8. Conformity with PUD regulations, or as to desirable modifications of such regulations in
the particular case, based on determination that such modifications of justified as
meeting public purposes to a degree at least equivalent to literal application of such
regulations.
This project has been constructed in accordance with all applicable regulations. The
minor changes to the PUD are to address changes requested by the property owners.
AnDlicatioa For P.blie HeariDl! For PUB Rezoe 8/2911I3
9.
Agenda Item No, 8A
September 13, 2005
Deed Restrictions: The County is legally precluded from enforcing deed ~~69
however, many communities have adopted such restrictions. You may wish to contact the
civic or property owners association in the area for which this use is being requested in order
to ascertain whether or not the request is affected by existing deed restrictions.
10.
Previous land use petitions on the subiect Brooem: To your knowledge, has a public
hearing been held on this property within the last year? If so, what was the nature of that
hearing? )./ a
.
11.
Additional Submittal reauirements: In addition to this completed application, the following
shall be submitted in order for your application to be deemed sufficient, unless otherwise
waived during the pre-application meeting.
a. A copy of the pre-application meeting notes;
b. If this rezone is being requested for a specific use, provide twenty (20) copies (this
includes: HUl if affordable housing, Joyce Ernst, if residential and Immokalee/W ater
Sewer District, if in Immokalee) ofa 24" x 36" conceptual site plan [and one reduced 8W'
x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting
the following [Additional copies of the plan may be requested upon completion of staff
evaluation for distribution to the Board and various advisory boards such as the
Environmental Advisory Board (EAB), or CCPC];
. all existing and proposed structures and the dimensions thereof,
. provisions for existing and/or proposed ingress and egress (including pedestrian
ingress and egress to the site and the structure(s) on site),
. all existing and/or proposed parking and loading areas [include matrix indicating
required and provided parking and loading, including required parking for the
disabled],
. required yards, open space and preserve areas,
. proposed locations for utilities (as well as location of existing utility services to the
site),
. proposed and/or existing landscaping and buffering as may be required by the County,
c. An architectural rendering of any proposed structures.
ADDlieatiml For Public Hearl. For PUB JI,..mae 8129JU3
Agenda Item No. SA
September 13, 2005
d. An Environmental Impact Statement (EIS), as required by Section 3.8. of~ hfiad69
Development Code (LDC) , or a request for waiver if appropriate.
e. Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within
the previous twelve months), minimum scale of one inch equals 400 feet,. shall be
submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries.
Such identification shall be consistent with Florida Department of Transportation Land
Use Cover and Forms Classification System. Additionally, a calculation of the acreage
(or square feet) of native vegetation on site, by area, and a calculation and location(s) of
the required portion of native vegetation to be preserved (per LDC Section 3.9.5.5.4.).
f. Statement of utility provisions (with all required attachments and sketches);
g. A Traffic Impact Statement (TIS), unless waived at the pre-application meeting;
h. A historical and archeological surveyor waiver application if property is located within
an area of historical or archaeological probability (as identified at pre-application
meeting);
i. Any additional requirements as may be applicable to specific conditional uses and
identified during the pre-application meeting, including but not limited to any required
state or federal permits.
j. An electronic version of the PUD on a disk as part of this submittal package.
k. Boundary Survey, no more than six months old - LDC Section 2.7.3.1.2.(8)
Please be advised that Section 2.7.2.3.2 (3) of the Land Development Code requires
an applicant to remove their public bearing advertising sign (s) after final action is
taken by the Board of County Commissionen. Based on the Board's final action on
this item, please remove aD public bearing advertising sign (s) immediately.
ADDlieatiOll For Public: Hearillt! For PUB AnoDe 8129103
Agenda Item No. 8A
September 13, 2005
PUD REZONE APPLICATION Page 31 of 69
SUBMITTAL CHECKLIST
TIDS COMPLETED CHECKLIST IS TO BE SUBMITfED WITH APPLICATION PACKETt
REQUIREMENTS #OF NOT
COPIES REQUIRED REQUIRED
1. Completed ApplicationIPUD documents 24* X
2. Copy of Deed(s) and list identifying Owner(s) and all 2*
Partners if a Corporation
3. Completed Owner/Agent Affidavit, Notarized 2* X
4. Pre-application notes/minutes 24* X
s. Conceptual Site Plans 24* X
6. Environmental Impact Statement - (EIS) 4 X
7. Aerial Photograph - (with habitat areas identified) 5* X
8. Completed Utility Provisions Statement (with required 4 X
attachments and sketches)
9. Traffic Impact Statement - (TIS) 7 X
10. Historical & Archaeological Surveyor Waiver Application 4 X
11. Copies of State and/or Federal Permits 4 X
12. Architectural Rendering of Proposed Structure(s) 4 X
13. DApplication Fee - "pUD Rezone" = 55000 + 525 per acre
DData Conversion = $25
~PPlicatiOn Fee - "pUD to PUD Rezone" = 53000
, ata Conversion (pUD to PUD) = $15
Fire Code Review = $150
EIS Review = 51600
Check shall be made payable to:
Collier County Board of Commissioners
14. An electronic venion of the PUD on a disk as part of the
submittal oacket.
15. Affordable Housing Density Bonus Agreement including all 4 X
Appendices and Exhibits.
16. Boundary Survey (no more than 6 months old) 5 y
17. OTHER REQUIREMENTS:
. Docwnents required for Long-Range Planning Review .1 additional copy if for affordable housing
As the authorized agent/applicant for this petition, I attest that all of the infonnation indicated on this checklist is included
in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of
processing this petition.
~~
AgentJ Applicant Si
f;/~7
Date
ADoIialiOll For Public HelIn.1f FfII' PUB RI':ZOIle 81291113
Agenda Item No, SA
September 13, 2005
Page 32 of 69
AFFIDA VIT
Well, ~/""/., 1-, t7ij being first duly sworn, depose and say that well am/are
the owners of the property described herein and which is the subject matter of the proposed hearing;
that all the answers to the questions in this application, including the disclosure of interest
information, all sketches, data, and other supplementary matter attached to and made a part of this
application, are honest and true to the best of our knowledge and belief Well understand that the
information requested on this application must be complete and accurate and that the content of this
form, whether computer generated or County printed shall not be altered Public hearings will not be
advertised until this application is deemed complete, and all required information has been
submitted
As property owner WellfUrtherauthorize "kr""r" If~~ to aetas
our/my representative in any matters regarding this Petition.
P/~ C(yzr--
Signature of Property Owner
Signature of Property Owner
~/if'/'" t. ~"''J fi.~,/A1-,--I
Typed or Printed Nahre of Owner
Typed or Printed Name of Owner
The foregoing instrument was acknowledged before me this JotJ day of ~ ,'"
by ~,,~/' 1. t:'J1/' who is personally known to me or has produce
, as identification.
,20~
~~
(Signature of Notary Public - State of
Florida)
State of Florida
County of Collier
?;.rr~///t' j,'~dT
(Print, Type, or Stamp ommissioned
Name of Notary Public)
~~ TERlWlCE L KEPPLE
i. ;.\ MY COMMISSION 1/ DO 197229
"j EXPIRES: Mardi '0, 2007
. · Sonaed ThnJ NalIry PUlIic UndeIwrilon
ADDlicatlo. For Public HearlH For PUD Rezoae 8/29103
./
Agenda Item No. SA
September 13, 2005
Page 33 of 69
JDRESSING CHECKLIST
)lease complete the following and submi!~o the Addressing Section for Review. Not all items will apply to
:very project. Items in bold type are requIred.
t. Legal description of subject property or properties (copy of lengthy description may be attached)
C"V1I'~/ t~#t' At< $t:'~rl Ph~ '1- 4-
,. "z.. (p - 4- C6 - -z.. Co
t Folio (property ID) number(s) of above (attach to, or associate with, legal description if more t~an .one)
3. Street address or addresses (as applicable, if a/ready assigned)
t Location map, showing exact location ofproject/site in relation to nearest public road right-of-way (attach)
;. Copy pfsurvey (NEEDED ONLY FOR UNPLATTED PROPERTIES)
5. Proposed project name (if applicable)
7. Proposed Street names (ifapplicable)
.
~. Site Development Plan Number (fOR EXISTING PROJECTS/SITES ONLY)
SDP - .
- Petition Type - (Complete a separate Addressing Checklist for each Petition Type)
DSDP (Site Development Plan)
DSDP A (SDP Amendment)
o SDPI (SDP Insubstantial Change)
o SIP (Site Improvement Plan)
o SIP A (SIP Amendment)
o SNR (Street Name Change)
PPL (plans & Plat Review)
PSP (preliminary Subdivision Plat)
FP (Final Plat)
LLA (Lot Line Adjustment)
BL (Blasting Permit)
ROW (Right-of-Way Permit)
11: Please Check One: 0 Checklist is to be F.a;ced Back ~Personally Picked Up
12. ~pplicantName . pr",?,' /Yfd'T'. . Phone 'I~''''I/4''t? Fax 'It?J-/7<i17
13. SIgnature on Addressmg ChecklIst does not constItute Project and/or Street Name approval and is subject to
further review by the Addressing Section. .
FOR STAFF USE ONLY
Primary Number c.G=.~ G. I
AgQress Numb~ G" (..., 2:..
! ~s Number ~f 7....;, f
AuuCess Number ~ f '3(05 Approved by ~ ~ rY\ Date 5- 0 1-03
Revised 3-21-01
Agenda Item No 8A
September 13. 2005
Page 34 of 69
ORDINANCE NO. 05-_
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY FLORIDA,
AMENDING ORDINANCE NUMBER 2004-41, AS
AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR
THE UNINCORPORA TED AREA OF COLLIER
COUNTY, FLORIDA, BY AMENDING THE
APPROPRIATE ZONING ATLAS MAP OR MAPS TO
CHANGE THE ZONING CLASSIFICATION OF THE
SUBJECT REAL PROPERTY FROM PLANNED UNIT
DEVELOPMENT "PUD" TO PLANNED UNIT
DEVELOPMENT KNOWN AS THE CRYSTAL LAKE
PUD, FOR PROPERTY LOCATED IN SECTION 26,
TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA, CONSISTING OF
APPROXIMATELY 168.8 ACRES; PROVIDING FOR
THE PARTIAL REPEAL OF ORDINANCE NUMBER
84-73, AS AMENDED BY ORDINANCE 90-1, THE
EXISTING CRYSTAL LAKE PUD ORDINANCE; AND
PROVIDE FOR AN EFFECTIVE DATE.
WHEREAS, Crystal Lake POA Two, Inc., represented by Terrance Kepple, of Kepple
Engineering, has petitioned the Board of County Commissioners to change the zoning
classification of the subject real property, pursuant to Petition PUD-2003-AR-4965.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE:
The zoning classification of the subject real property located in Section 26, Township 48
South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD," Planned Unit
Development, in accordance with the additions and deletions to Ordinance Number 84-73, the
Crystal Lake PUD as reflected in the PUD Document, 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, as amended, the Collier County Land
Development Code, is/are hereby amended accordingly.
SECTION TWO:
Ordinance Number 84-73, as amended by Ordinance No. 90-1, known as the Crystal
Lake PUD, adopted on October 9, 1984, by the Board of County Commissioners of Collier
County, Florida, is hereby repealed only to the extent that the Ordinance is inconsistent with the
additions and deletions set forth in the Crystal Lake PUD Document attached hereto as Exhibit
Words struck threugh are deleted; words underlined are added.
Page 1 of 2
Agenda Item No. 8A
September 13. 2005
Page 35 of 69
"A". All other provisions of Ordinance Number 84-73, as amended by Ordinance No. 90-1, shall
remain in full force and effect.
SECTION THREE:
This Ordinance shall become effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by super-majority vote of the Board of County
Commissioners of Collier County, Florida, this _ day of
,2005.
A TIEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
FRED W. COYLE, CHAIRMAN
Deputy Clerk
Approved as to form and
legal sufficiency:
r~~~
Assistant County Attorney
PUDA-2003-AR-496SIHW Isp
Words stfliek tArol:.lgh are deleted; words underlined are added.
Page 2 of 2
,
Agenda Item No. 8A
September 13, 2005
Page 36 of 69
CRYSTAL LAKE
RECREATIONAL VEIDCLE SUBDMSION RESORT
A
PLANNED UNIT DEVELOPMENT
ORDINANCE 84-73 AS AMENDED BY ORDINANCE 90-1 AND ORDINANCE 94-61
PREPARED FOR:
CR YST'^LL L^~T(E JOINT VENTURE
2310 IMMOKALEE RO,-\D
N.^J:>>LES, FLORIDA 33942
CRYSTAL LAKE POA Two. INC
14960 COLLIER BLVD.
NAPLES. FL 34119
PREPARED BY:
MC:'^LNL Y, ASHER AND .'\SSOCIfLTES, P.A.
PROFESSIONfLL ENGINEERS, PL'\NNERS & L^LND SURVEYORS
5101 EAST T AMIAMI TR..^LIL
SUITE 202
NAPLES, FLORIDA 33962
KEPPLE ENGINEERING. INC.
3806 EXCHANGE AVE
NAPLES. FLORIDA 34104
DATE FILED
DATE REVIEWED BY CCPC
DATE APPROVED BY BCC
ORDINACE NUMBER
Agenda Item No. 8A
September 13, 2005
Page 37 of 69
TABLE OF CONTENTS
PAGE
LIST OF EXHIBITS I 1
STATEMENT OF COMPLIANCE 112
SECTION I PROPERTY OWNERSHIP & DESCRIPTION t-t- 3
SECTION n PROJECT DEVELOPMENT 2.-t- 5
SECTION In LOW DENSITY PARK TRAILER!
RECREATIONAL VEmCLE DEVELOPMENT ~9
SECTION IV COMMONSIRECREATION AREA 4-l- 14
SECTION V CONSERVATION AREA e-l-- 17
SECTION VI LAKE AREA 6-t- 18
SECTION vn BUFFER AREA +-l- 19
SECTION VIII ROADSIRIGHT -OF-WAY 8-l- 21
SECTION IX DEVELOPMENTCO~TMENTS 94-22
Agenda Item No, 8A
September 13, 2005
Page 38 of 69
LIST OF EXHIBITS
EXHIBIT A Planned Unit Development Master Plan (prepared by Mcf.Jlly, l\Sfler and
^ . t n ^ '\
. LSSOCla es, r.~ L.)
(Prepared by Kepple Engineering. Inc.)
EXHIBIT B PlanRed Unit Deyelopmoot Tract Map
Collier Blvd. Berm Detail
1
Words underlined are added. words stmek 1hrellgh are deleted.
Agenda Item No. 8A
September 13, 2005
Page 39 of 69
STATEMENT OF COMPLIANCE
The development of approximately ..}..@ 159 acres of property in Collier County, as a Planned
Unit Development known as Crystal Lake Recreational Vehicle Subdivision Resort is in
compliance with the planning goals and objectives of Collier County as set forth in the
Comprehensive Plan. The residential and recreational facilities of Crystal Lake are
consistent with the growth policies, land development regulations, and applicable
comprehensive planning objectives for the following reasons:
1) The subject property is within the Urban Residential Land Use
Designations as identified on the Future Land Use Map as required in
Objective 1, Policy 5.1, and Policy 5.3 of the Future Land Use Element.
2) The subject property's location in relation to existing or proposed
community facilities and services permits the development's travel trailer/recreation vehicle
density (490 units, ~ 3.07 units/acre) as required in Objective 2 of the Future Land Use
Element.
3) The project development is compatible and complementary to existing and
future surrounding land uses as required in Policy 5.4 of the Future Land
Use Element.
4) Improvements are to be in compliance with applicable land development
regulations as set forth in Objective 3 of the Future Land Use Element.
5) The project development will result in an efficient and economical
extension of community facilities and services as required in Polices 3.1 G
of the Future Land Use Element.
6) The project development incorporates natural systems for water
management in accordance with their natural functions and capabilities as
may be required in forthcoming regulations required by Objective 1.5 of
the Drainage Sub-Element of the Public Facilities Element.
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Agenda Item No, 8A
September 13, 2005
Page 40 of 69
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 Crystal Lake.
1.2 LEGAL DESCRIPTION:
A Parcel of land located in Section 26, Township 48 South, Range 26 East,
Collier County, Florida, more particularly described as follows:
Commencing at the Northwest Corner of Section 26, Township 48 South, Range
26 East, Collier County, Florida and run SOlO 27' 16" E along the Westerly
Section line for 2678.28 feet to the West Quarter Comer of said Section 26;
thence run S 890 12'06" E for 100 feet to the intersection with the Easterly Right
of way line of a 100 foot canal easement and the POINT OF BEGINNING;
thence run S 890 12'06" E for 3203.28 feet; thence run NOl029153"W for 1335.41 710.99
feet; thence run S89012'01" E for 660.47 660.75 feet; thence run S01030'26" E for
1335.40 706.73 feet; thence run S 89012'06" E for 660.64 feet; thence run SOl031'01" E
for 1070.31 feet; thence run N89012'43" W for 1615.75 feet; thence run
SOI027'53" E for 300.55 feet; thence run N 89012'00" W for 366.48 feet; thence
run SOI027'14" E for 301.69 feet; thence run N8go13'24"W for 2542.51 feet to
the intersection with the Easterly Right of Way line of said canal Easement:
thence run NO I 029' 19 "W along said Right of Way line for 1673.77 feet to the
POINT OF BEGINNING; subject to easements, restrictions and reservations of
record, containing ~ 159.5 acres, more or less.
1.3 PROPERTY OWNERSHIP:
The subject property is currently under the ownership of CRYSTAL L^..KE
JOINT VENTURE, ajoiBt venture orgaflized under the laws of the State of
Florida, the OW'Ber of the herem deseribed lands, by it's Maflag-ing Partner,
LANDMARK MANAGEMENT COMPANY, me. CRYSTAL LAKE POA
Two. INe.
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Agenda Item No, SA
September 13, 2005
Page 41 of 69
1.4 SHORT TITLE:
This Ordinance shall be known and cited as the "Crystal Lake Planned Unit
Development Ordinance."
1.5 GENERAL DESCRIPTION OF PROPERTY AREA:
A. The project site is located in Section 26, Township 48 South, Range 26
East. Furthermore, the subject property is located on the east side of Collier Blvd.
(County Road 951), approximately ~ mile south ofNaples-Immokalee
Road (C.R. 846).
B. The zoning classification of the subject property prior to the date of this
amendment was PUD, Crystal Lake (Ordinance 84-73, as amended by
Ordinance 90-1 and Ordinance 94-61 ).
1.6 PROJECT DISCRIPTION:
The Crystal Lake PUD is being developed as park trailer/recreational vehicle
(park/rv) development with associated facilities which may include, but shall not
be limited to, convenience establishments of a commercial nature, clubhouses,
swimming pools and decks, shuffleboard and tennis courts, storage, and
landscaped open spaces; the individual lots shall be served with a full range of
utilities including potable water, sanitary sewers, electricity, and additional
services as may be deemed appropriate. A water management system shall be
developed to serve the entire site, incorporating a large lake currently being
excavated as a commercial fill pit, which will be phased out by November 1990.
SECTION II
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Agenda Item No. SA
September 13, 2005
Page 42 of 69
PROJECT DEVELOPMENT
2.1 PURPOSE:
The purpose of the Section is to delineate and generally describe the project plan
of development, the respective land uses of the tracts included in the project, as
well as the project criteria for Crystal Lake.
2.2 GENERAL:
A. Regulations for development of Crystal Lake POO shall be in accordance
with the contents of this document, POO-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 tine of building permit
application.
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 this amendment is approved.
C. All conditions imposed and all graphic material presented depicting
restrictions for the development of Crystal Lake POO shall become part of
the regulations which govern the manner on which the POO site may be
developed.
2.3 PROJECT PLAN LAND USE TRACTS:
A. The project Master Plan, including layout of streets and general depiction
of land use, is illustrated graphically by exhibit "A", PUD Master
Development Plan. The project Tract map identifies approximate acreage
and land use aftfle ',ariOllS tracts, aad is illustrated by Exhibit "B", PUD
Tract Map. There shall be land use tracts, plus necessary water
management lakes, and street rights-of-way, the general configuration of
which is also illustrated by Exhibit" A".
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Agenda Item No, 8A
September 13, 2005
Page 43 of 69
TYPE UNITS ACREAGE +/-
TRACT "A" Park/R.V. 490 41
TRACT "CR" CR 0 25
TRACT "CO" CO 0 19
TRACT "L" LAKES 0 60
TRACT "R" ROADIROW 0 14
B. Areas illustrated as lakes by Exhibit "A" shall be constructed lakes or,
upon approval, parts there of may be constructed as shallow, intermittent
wet and dry depressions for water retention purposes. Such areas, lakes
and intermittent wet and dry areas shall be in the same general
configuration and contain the same general acreage as shown by Exhibit
"A", and &hibit "B".
C. In addition to the vanees areas aad speeifie items sae'.vB iB Exhibit "B",
such easements as necessary (utility, private, semi-public, etc.) shall be
established within or along the various tracts as may be necessary.
2.4 MAXIMUM PROJECT DENSITY:
A maximum of 490 habitable Park TrailerlRecreational Vehicle units shall be
constructed in the total project area. The gross project area is approximately .J-e9. 159
acres. The gross project density, therefore, will be a maximum of3.07 2.95 Park
TrailerlRecreational Vehicle unites per acre.
2.5 PROJECT PLAN APPROVAL REQUIREMENTS:
Prior to the recording of the Record Plat, final plans of the required improvements
shall receive the approval of all appropriate Collier County governmental
agencies to insure compliance with the PUD Master Plan, Preliminary
Subdivision Plat, and the platting laws of the State of Florida.
Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan.
Subsequent to PUD approval, Preliminary Subdivision Plat and Final
Construction Plans with plat shall be submitted for each tract or parcel to be
developed within the de>lel0f*Bent as identified on Exhibit "B", PUD Tract Map.
All division of property shall be in compliance with the Subdivision Regulations
as contained in Division 3.2 of the Land Development Code, except as provided
herein.
A. The developer of any tract or parcel approved for recreational or common
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facility land uses shall be required to submit and receive approval of a
preliminary site development plan in conformance with the requirements
established within Division 3.3 of the Land Development Code, prior to
the submittal of a final development plan for any portion of the tract or
parcel. All recreation or common facility land must be identified on an
approved plat prior to fmal site development plan approval.
B. The developer of any tract or parcel approved for park trailer/recreational
vehicle development shall be required to submit and receive approval of a
Preliminary Subdivision Plat for that tract in conformance with
requirements established with Division 3.2 of The Land Development
Code, prior to the submittal of a Construction Plans and Plat for any
portion of the tract or parcel.
C. The developer of any tract must submit, where applicable, prior to a
Building Permit, a detailed Site Development Plan for his tract or parcel in
conformance with Division 3.3, Site Development Planes from the Collier
County Land Development Code. His plan shall also show the location
and size of access to any tract that does not abut a public street.
D. In the event that any established tract as identified on the approved POO
Master Plan and PUD Tract Map is proposed to be further divided in a
manner that does not affect the approved infrastructure, increase the
number of dwelling units, increase the density, change the dwelling unit
type or change permitted uses within the tract, the developer shall submit a
revised POO Tract Map indicating the division of the established tract
prior to the submittal of Construction Plans & Plat for the development of
such tract. The Tract Map shall, in addition to depicting the subdivided
tract, indicate the newly created tract's acreage as well as the number of
dwelling units assigned to the parcel.
The revised POO Tract Map shall be submitted to the Current Planning
Manager for review and approval.
2.6 GENERAL DESCRIPTION OF P ARK/RV DEVELOPMENT:
Areas designated for park/rv land uses on Exhibit "A" are designated to
accommodate a full range of park/rv types and customary accessory uses.
Approximate acreages of all park/rv tracts have been indicated on Exhibit "A",
and Exhibit "B", in order to indicate relative size and distribution of the park/rv
uses. These acreages are based on conceptual designs and must be considered to
be approximate. Actual acreages of all development tracts will be provided at the
time of development plan approval in accordance with the Section 2.5.
2.7 DEDICATION AND MAINTENANCE OF COMMON FACILITIES:
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Agenda Item No, 8A
September 13, 2005
Page 44 of 69
Agenda Item No. SA
September 13, 2005
Page 45 of 69
Easements shall be provided for water management areas, utilities and other
pmposes as may be needed. Said easements and improvements shall be in
compliance with the Collier County Subdivision Regulations, as contained in
Division 3.2 of the Land Development Code.
All necessary easement, dedications, or other instruments shall be granted to
insure the continued operation and maintenance of all service utilities in
compliance with applicable regulations in effect at the time approvals are
requested.
A property owners organization shall be created and shall be assigned
responsibility for operation, maintenance and management of all commonly
owned lands, facilities and waters within the project.
2.8 PARK. TRAILER/RV RECREATIONAL VEIDCLE MODELS:
Park trailer/recreational vehicle models shall be permitted in conjunction with the
promotion of the development. Park/RV models may include dry models during the
period of project development and sales.
2.9 VARIATIONS:
Exceptions from the Subdivision Regulations shall be requested, reviewed and
approved or denied at the time of Preliminary Subdivision Plat review.
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Agenda Item No. 8A
September 13, 2005
Page 46 of 69
SECTION III
LOW DENSITY
PARK TRAILER/RECREATIONAL VEHICLE DEVELOPMENT
3.1 PURPOSE:
The pwpose of this section is to identify specific development standards for areas
designated on Exhibit "B" as Tmet ,A~ ParkJRV.
3.2 DEFINITIONS: (taken frnm 1988 Supplement, Chapter 320.01, Definitions,
geReral Florida Statu-tes)
A. Recreational Vehicle:
A unit primarily designed as temporary living quarters for recreational,
camping or travel use, which either has it's own motive power or is
mounted on or drawn by another vehicle.
B. Park Trailer:
A transportable unit which has a body width not exceeding 14 feet and
which is built on a single/multiple chassis and is designed to provide seasonal or
temporary living quarters when connected to utilities necessary for
operation of installed fixtures and appliances. The total area of the unit in
a setup mode, when measured from the exterior surface of the exterior
stud walls at the level of maximum dimensions, not including any bay
window, does not exceed 400 square feet when constructed to ANSI A-
119.5 standards, and 500 to 1.000 square feet when constructed to United
States Department of Housing and Urban Development Standards. The
length of a park trailer means the distance from the exterior of the front of
the body (nearest to the drawbar and coupling mechanism) to the exterior
of the rear of the body (at the opposite end of the body), including any
protrusions.
C. Travel Trailer (includes fifth-wheel travel trailer):
A vehicular portable unit, mounted on wheels, of such a size and or weight
as not to require special highway movement permits when drawn by a
motorized vehicle. It is primarily designed and constructed to provide
temporary living quarters for recreational, camping, or travel use. It has a
body width of no more than 8 ~ feet and an overall body length of no
more than 40 feet when factory-equipped for the road.
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Agenda Item No, 8A
September 13, 2005
Page 47 of 69
D. Ca.mping trailer:
,Ai. vehioo.lar portaele unit mounted OR wheels aOO. eonstrueted '.vith
oollapsiele partial sidewalls whioh fold for to',.ing by aRother vehiele and
mro Id at the eampsite to provide temporary liYing quarters for
reoreatiooal, eamping, or trayel ese.
D.E:- Motor Home:
A vehicular unit which is built on a self-propelled motor vehicle chassis,
and is primarily designed to provide temporary living quarters for
recreational, camping, or travel use.
3.3 MAXIMUM DWELLING UNITS:
The maximum number of habitable park trailer/recreational vehicle units allowed within the
PUD shall be as follows:
Tract A = 490
Total = 490
Tract = 490
3.4 USES PERMITTED:
No building or structure, or part thereof, shall be altered or used, or land used, in
whole or part, for other than the following:
A. Principal Uses:
1. Park Trailers:
2. Travel Trailers (including fifth-wheel trailers)
3. Camping Trailers
3.4.;- Motor Homes
4.~ Conversion Vans (with utility connection capability)
5.&: Another recreational unit not specifically mentioned above, that is
designed to provide temporary or seasonal living quarters for
recreational, or travel use.
7. Storage with appropriate screening or landscaping.
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Agenda Item No. 8A
September 13, 2005
Page 48 of 69
B. Accessory Uses:
I) One (1) caretakers residence in conjunction with the operation of the park
( may be a single family residence subject to the development standards of
the RFS-5 Zoning District, as contained in the Collier County land
Development Code in effect at the time construction permits are
requested. Furthermore, any three (3) park/rv lots may be combined to
satisfy this provision without being subject to Subsection 2.5.D. of this
document.
2) Accessory uses and structures customarily associated with park
trailer/recreational vehicle lots, including:
(a) Utility sheds, attached or detached, not to exceed one hundred
(100) square feet.
(b) Screenhinyl eFlelosed porches, elevated or at ground level, not to
exceed five hundred (500) square feet, with a roof which is part of the
reereational '/ehicle unit, and '::hieh must be remo','ed '.vnen the recreational
veme:;le U:IHt is ramo'led.
3.5 DEVELOPMENT STANDARDS:
A. GENERAL: All yards, set-backs, etc. shall be in relation to the individual
parcel boundaries.
B.
MINIMUM LOT AREA:
2,800 square feet.
C. MINIMUM AVERAGE LOT WIDTH:
1) Corner Lots: Forty-five (45) feet.
2) Interior Lots: Thirty-five (35) feet.
D. MINIMUM YARDS:
1) Front Yard: Ten (10) feet.
2) Side Yard: Five (5) feet.
3) Rear Yard: Eight (8) feet.
F. MAXIMUM GROSS FLOOR AREA:
Five Handred (~
1) One thousand (1,000) square feet, exclusive of decks and porches, for
HUD units, as defined by section 3.2.B of the POO document.
2) Four hundred (400) square feet, exclusive of decks and porches, for ANSI
A-119.5 units, as defined by section 3.2.B of the POO document.
G. MAXIMUM HEIGHT
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Agenda Item No. SA
September 13, 2005
Page 49 of 69
1) Principal Structure - Fifteen (15) feet.
2) Accessory Structure - fifteen (15) feet.
3.6 FLOOD PLAIN ELEVATIONS:
All park trailer/recreational vehicles and accessory structures shall meet flood
plain elevation ifpermanentIy attached to the ground or utility facilities.
3.7 ANCHORING / SEWER, WATER AND ELECTRICAL CONNECTIONS:
All park trailer/recreational vehicle units that are permanently installed shall be
anchored in accordance with the standards set forth in the Collier County Mobile
Home and Travel Trailer Ordinance for mobile homes, and be connected to a
private or public water and sewer system. Additionally, such units must obtain
electrical service directly from the electric utility authorized to provide such
service in Collier County.
3.8 PERMANERNT LOCATION OF PAR.KJRV UNITS:
Park/recreational vehicles may be permanently located on a lot; however, no
permanent residency is allowed. A covenant running with the land shall be
recorded in the Public of Collier County referencing the PUD's restriction on
permanent residency. Compliance with this provision shall be insured by utilizing
the following enforcement measures:
A. Lots Rented: For those parklRV lots that are rented, the park manager
shall maintain a register of tenants or occupants of the park, nothing the
duration of the rental arrangement. This register shall track the occupancy
of the owned or renta110ts, and shall be provided to persons employed by
Collier County, in an official capacity, upon their request. Failure to
provide said register, duly describing the persons who have occupied a
park/rv lot, and their occupancy shall be subject to the penalties prescribed
by Collier County.
B. Lots Sold: For those park/rv lots that are sold, the developer/owner of the
lots shall include in the sales contract a notice that current zoning
regulations prohibits the use of the lot for permanent occupancy. The new
lot owner is responsible for registering his or her arrival and departure
from their recreational residence with the manager of the park. Failure to
register will hold the new lot owner responsible for any penalties imposed
by Collier County.
3.9 PERMANENCY CONTINGENCY:
If, after the approval of this PUD, Collier County adopts policy or ordinance to
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allow permanent occupancy of recreational vehicles in TTRVC or similar zoning
districts, the provisions of Section 3.8 of this POO document may be applied in a
manner similar to the conditions a subsequent Collier County amendment may
impose on the permanent occupancy of dwelling units defined as recreational
vehicles.
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Agenda Item No. SA
September 13, 2005
Page 50 of 69
SECTION IV
COMMONSIRECREATION AREA
4.1 PURPOSE:
The purpose of this Section is to set forth the development plan and development
standards for the areas designated as Tract CR., CommonslRecreation Area 6B-
Exhibit "B". The primary function and purpose of this Tract will be to provide
aesthetically pleasing open areas, passive/active recreational areas, and use areas
intended to satisfy the resident's basic needs for a quality recreational
opportunity. Except in areas to be used for water impoundment and principal or
accessory use areas, all natural trees and other vegetation, as practicable, shall be
protected and preserved.
4.2 USES PERMITTED:
No building or structure, or part thereof, shall be erected, altered or used, or land
used, in whole or in part, for other than the following:
A. Principal Uses:
1) Structures which house social, administrative, or recreational
facilities.
2) Lakes.
3) Signage for project identification or advertising.
4) Pedestrian and bicycle paths or other similar facilities constructed
for purposes of access to, or passage through the commons areas.
5) Docks, piers or other such facilities constructed for purposes of
lake recreation, or mooring, or use of non-internal combustion lake
recreation apparatus, used by residents of the project.
6) Utilities and drainage.
7) Shuffleboard courts, tennis courts, swimming pools, and other
types of facilities intended for outdoor recreation.
Agenda Item No. SA
September 13, 2005
Page 51 of 69
8) ReereatioBal Vehicle Storage, limited to the recreational Outdoor storage for
vehicles owned or leased by the residents of the Crystal Lake PUD.
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Agenda Item No. 8A
September 13, 2005
Page 52 of 69
B. Accessory Uses:
1) Customary accessory uses or structures incidental to recreational
areas and, or facilities, including structures constructed for
pmposes of maintenance, storage (including R V. storage),
recreation or shelter with appropriate screening and landscaping.
2) Convenience establishments of a commercial nature, including but
not limited to, stores, recreational vehicle sales, rentals and
storage, laundry and dry cleaning agencies, beauty shops and
barber shops, etc. shall be permitted subject to the following
restrictions: Such establishments and the parking area primarily
related to their operations shall not occupy more than five (5%)
percent of the original project area (149 acres); shall be
subordinated to the use and character of the park; shall be located,
designed, and intended to serve the exclusive trade of the service
needs of the persons residing in the park; and shall present no
visible evidence of their commercial character from any portion of
any public street or way outside the park.
4.3 DEVELOPMENT REGULA TrONS:
A. Overall site design shall be harmonious in terms of landscaping, enclosure
of structures, location of access streets and parking areas, and location of
screened areas.
B. All buildings, with the exception of the gatehouse, shall be setback a
minimum of fifteen (15) feet from all tract boundaries.
C. Buildings shall be set back a minimum of thirty-five (35) feet from
abutting residentially zoned districts, and a minimum five (5) foot
landscaped, maintained buffer shall be provided.
D. Setbacks from preserve areas shall be 25 feet for principal structure and 10 feet
for accessory structure.
E. Lighting facilities shall be arranged in a manner which will protect
roadways and neighboring properties from direct glare, or other
interference.
F. A Site Development Plan in compliance with these Development
Regulations shall be required in accordance with Section 2.5 ofthis PUD
document.
G. Maximum Height:
1) Principal Structure: Thirty-five (35) feet.
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Agenda Item No, SA
September 13, 2005
Page 53 of 69
2) Accessory Structure: Fifteen (15) feet.
H. Minimum Off-Street Parking And Loading:
1) Recreational! Administrative Areas: One (1) space for each 200
square feet of gross floor area.
2) Convenience Commercial Areas: One (I) space for each 250
square feet of gross floor area.
3) Loading Areas: As required by the Land Development Code at the
time of Final Site Development Plan approval.
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SECTION V
CONSERV A nON AREA
5.1 PURPOSE:
The purpose of this Section is to set forth the development plan for the areas
designated as Tract CO, Conservation Area OR EKhibit "B". The primary function
and purpose of this Tract will be to preserve and protect native flora and fauna in
itls natural state.
5.2 USES PERMITTED:
No structure or part thereof, shall be erected altered or used, or land used, in
whole or in part, for other than the following:
A. Principal Uses:
I) Open Spaces/nature Preserves.
2) Hiking trails and boardwalks.
5.3 MINIMUM TRACT AREA
A. 10,000 sf
5.4 SETBACKS
A. 25 feet to Principle structure
B. 10 feet to accessory structure
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Agenda Item No. SA
September 13, 2005
Page 54 of 69
Agenda Item No. SA
September 13, 2005
Page 55 of 69
SECTION VI
LAKE AREA
6.1 PURPOSE:
The purpose of this Section is to set fourth the development plan for areas
designated as Tract L, lakes eB EKhibit "B". The primary function and purpose of
this tract will be to achieve an overall aesthetic character for the project, to permit
optimum use of the land, and to increase the efficiency of the water management
network.
6.2 USES PERMITTED:
No structure or part thereof, shall be erected altered or used., or land used, in
whole or in part, for other than the following:
A. Principal Uses:
1) Lakes.
2) Storm water retention.
B. Accessory Uses:
1) Irrigation.
2) Docks, piers or other such facilities constructed for purposes of
lake recreation, or mooring, or use of non-internal combustion lake
recreation apparatus, used by the residents of the project.
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Agenda Item No, SA
September 13, 2005
Page 56 of 69
SECTION VII
BUFFER AREA
7.1 PURPOSE:
The purpose of this Section is to set forth the development plan for the areas
designated as Tract B, Buffer Area OR EKhibit "B". The primary function and
purpose of this Tract will be to protect recreational land uses from more intensive
residential land uses, possible impacts from adjacent roadways and, or non-
residential land uses.
7.2 USES PERMITTED:
No structure or part thereof, shall be erected, altered or used, or land used, in
whole or in part, for other than the following:
A. Principal Uses:
1) Landscaped buffer in accordance with the Land Development
Code in effect at the time the of Final Site Development Plan
approval. Existing native plant types may be substituted for those
plant types mentioned in the Land Development Code subject to
Current Planning staff administrative approval.
2) Earthen berms: 3:1 minimum slope. Note: No earthen berm slope
gradient shall be established within the canal easement and western
buffer area.
3) Fences/walls: In accordance with the Land Development Code in
effect at the time of Final Site Development Plan approval. ,except
that the height of the wall or fence shall be measured from the final
grade. including top of berm, if a landscape berm is provided. The
maximum height of the fence shall be 4 feet as measured from
final grade.
4) Deviation from LDC Section 5.03.02.B (fence height) and Section 5.03.02.C
(height measurement from existing ground level). Deviation is requested to provide
for both noise and visual buffer from Collier Blvd., which is planned for widening.
The deviations will allow for construction a fence along Collier Blvd.. located on top
of the berm and to allow measurement of the fence height to be from fmish grade
rather than from natural ground (see 3 above). In consideration of this deviation. a
type "B" landscape buffer would be provided along the right-of-way side of the
fence.
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Agenda Item No, SA
September 13, 2005
Page 57 of 69
7.3 DEVELOPMENT REGULATIONS:
A. Where the project abuts the c.R. 951 Right-Of-Way, a twenty-five (25)
foot wide clear area shall be provided and maintained adjacent and parallel
to the ROW. Furthermore, adjacent and to the east of the clear area, or the
Canal Widening & Maintenance Easement, if required, a five (5) foot
buffer shall be provided and maintained to effectively screen this project
from the roadway.
B. For those areas identified on Exhibit "B" as Tract B, other than those
addressed in A above, shall be maintained with a minimum five (5) foot
wide buffer strip.
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Agenda Item No. 8A
September 13, 2005
Page 58 of 69
SECTION VIII
ROADS/RIGHT -OF- WAY
8.1 PURPOSE:
The purpose of this Section is to set forth the development plan for the areas
designed as Tract R, Roads/ Right-Of-way on Erllibit "B". The primary function
and purpose of this tract will be to provide ingress and egress to the project and to
the project's land uses.
8.2 USES PERMITTED:
No structure, or part thereof, shall be constructed altered or used, or land uses, in
whole or in part, for other than the following:
A. Principal Uses:
I) Private roads.
2) Sidewalks.
B. Accessory Uses:
I) Utility installations.
2) Water management facilities.
3) Landscaping, when approved by Development Services Staff.
4) Street lighting.
5) Any other use which the Current Planning manager determines to
be appropriate and compatible with private roadways.
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Agenda Item No. 8A
September 13, 2005
Page 59 of 69
SECTION IX
DEVELOPMENT COMMITMENTS
9.1 PURPOSE:
The purpose of this section is to set forth the development commitments for the
development of the project.
9.2 GENERAL:
All facilities shall be constructed in accordance with Final Site Development
Plans, Final Subdivision Plans and all applicable State and local laws, codes and
regulations. Except where specifically noted or stated otherwise, the standards and
specifications of the current official County Land Development Code 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 agree to develop in accordance
with Exhibit "A", PUD Master Plan, and the regulations of the PUD as adopted,
and any other conditions or modifications as may be agreed to in the rezoning of
the property. In addition, the developer will agree to convey any successor or
assignee in title, any commitments within this agreement.
9.3 PUDMASTERPLAN:
A. Exhibit "A", PUD Master Plan illustrates the proposed development.
Minor site alterations may be permitted subject to planning staff
administrative approval.
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.
9.4 SCHEDULE OF DEVELOPMENT:
A. A development plan shall be submitted, where required, for each phase of
development identified in this Section. Applicability of the site
development plan procedure to this PUD is set forth in Section 2.5 of this
document.
Crystal Lake PUD is planned to be developed on four (4) phases, over the
next twelve (12) years, allowing three (3) years for the marketing and
construction of each phase. Should marketing of the project prove to be
favorable, the developer reserves the right to develop various phases
simultaneously, and not be subject to separate platting procedures.
22
Words underlined are added, words ~tmek tltroagh are deleted.
Agenda Item No. 8A
September 13, 2005
Page 60 of 69
.^~ graphic depiction of the projeet's pbasing is illustrated on Exhibit "B",
PUD Tmet map. The following table indicates the time frame proposed for
each phase and corresponding park/rv lot count.
Phase
Estimated Completion
# Park/RV Lots
Phase I
1991
201
Phase II
1994
92
Phase III
1997
81
Phase IV
2000
116
Phase II is proposed to include and interim road for emergency access until such
time is permitted loop road is constructed. Also, the developer will be required to
construct a water main along the general route of the proposed loop road to
interconnect with the temporary terminus of the Phase I water main if the system
is not capable of serving the domestic and fire flow demands of Phase 1. Such
looping will be facilitated through the creation of an easement which the road and
water main may be located. The easemeBt will generally folIa....: within the Road
/R..O.'.v. Tmct (Tract "R"), as indicated on Exhibit "B".
9.5 TRANSPORTATION AND ENGINEERING:
A. All traffic control devices, signs, pavement markings and design criteria shall be in
accordance with Florida Department of Transportation (FDOT) Manual of Uniform
Minimum Standards (MUMS), current edition, FDOT Design Standards, current
edition, and the Manual On Uniform Traffic Control Devices (MUTCD), current
edition. All other improvements shall be consistent with and as required by the Collier
county Land Development code (LDC)
B. Arterial level street lighting shall be provided at all access points. Access lighting
must be in place prior to the issuance of the first Certificate of Occupancy (CO).
C. Site-related improvements necessary for safe ingress and egress to this project, as
determined by Collier County, shall not be eligible for impact fee credits. All required
improvements shall be in place and available to the public prior to the issuance of the
fIrst CO.
D. Road impact fees shall be paid in accordance with Collier County Ordinance 01-13,
as amended, and Division 3.15. LDC, as it may be amended.
E. All work within Collier County rights-of-way or public easements shall require a
Right-of-way Permit.
F. All proposed median opening locations shall be in accordance with the Collier
23
Words underlined are added, words stmek ~h are deleted.
Agenda Item No. 8A
September 13, 2005
Page 61 of 69
County Access Management Policy (Resolution 01-247), as it may be amended, and
the LDC, as it may be amended Collier County reserves the right to modify or close
any median opening existing at the time of approval of this PUD which is found to be
adverse to the health, safety and welfare of the public. Any such modifications shall be
based on, but are not limited to, safety, operational circulation, and roadway capacity.
G. Nothing in any development order shall vest a right of access in excess of a right
in/right out condition at any access point. Neither will the existence of a point of
ingress, a point of egress or a median opening, nor the lack thereof, shall be the basis
for any future cause of action for damages against the County by the developer, its
successor in title, or assignee.
H. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to
adjacent developments shall be operated and maintained by an entity created by the
developer and Collier Country shall have no responsibility for maintenance of any
such facilities.
I. If any required turn lane improvement requires the use of existing County right-of-
way or easement, compensating right-of-way, shall be provided without cost to Collier
County as a consequence of such improvement.
J. If, in the sole opinion of Collier County, a traffic signal, or other traffic control
device, sign or pavement marking improvement within a public right-of-way or
easement is determined to be necessary, the cost of such improvement shall be borne
by the developer and shall be paid to Collier County before the issuance of the first
CO.
K. 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.
L. The five (5) foot wide buffer along the western property line. innediately east of
the 25 foot wide canal widening and maintenance easement shall be provided to
Collier County. at no cost to the County. upon request. for the purpose of preventing
the berm from encroaching into a sidewalk that may be installed within the existing
canal widening easement.
9.6 UTILITIES
A. WATER AND SEWER: (Taken from the Agreement Sheet for PDA-89-
12.)
1) Water distribution, sewage collection and transmission and interim
water and or sewage treatment facilities to serve the project are to
be designed, constructed, conveyed, owned and maintained in
24
Words underlined are added, words await thr-oogh are deleted.
accordance with Collier County Ordinance No. 88-76, as amended,
and other applicable County rules and regulations.
2) All customers connecting to the water distribution and sewage
collection facilities to be constructed will be customers of the
County, and will be billed by the County in accordance with the
County's established rates. Should the County not be in a position
to provide water and/or sewer service to the project, the water
and/or sewer customers shall be customers of the interim utility
established to serve the project until the County's off-site water
and lor sewer facilities are available to serve the project.
3) It is anticipated that the County Utilities Division will ultimately
supply potable water to meet the consumptive demand and/or
receive and treat the sewage generated by this project. Should the
County system not be in a position to supply potable water to the
project and lor receive the project's wastewater at the time
development commences, the Developer, at his expense, will
install and operate interim water supply and on-site treatment
facilities and/ or interim on-site sewage treatment and disposal
facilities adequate to meet all requirements of the appropriate
regulatory agencies. An Agreement shall be entered into between
the County and the Developer, binding on the Developer, his
assigns or successors regarding any interim treatment facilities to
be utilized. The agreement must be legally sufficient to the County,
prior to the approval of construction documents for the project and
be in conformance with the requirements of Collier County
Ordinance No. 88-76, as amended.
4) If an interim on-site water supply, treatment and transmission
facility is utilized to serve the proposed project, it must be properly
sized to supply average and peak day domestic demand, in addition
to fie flow demand at a rate approved by the appropriate Fire
Control District servicing the project area.
5) Water Facilities Looping and Stubs:
The on-site water distribution system to serve the project shall be
internally looped. During design of these facilities, the following
features shall be incorporated into the distribution system:
i. Unless it can be demonstrated that the system can
properly flush, looping the internal pipeline network on
cul-de-sacs longer than 800 feet shall eliminate dead-end
mams.
11. Stubs for future system interconnection with adjacent
25
Words underlined are added, words struek throogh are deleted.
Agenda Item No. SA
September 13, 2005
Page 62 of 69
Agenda Item No, 8A
September 13, 2005
Page 63 of 69
properties shall be provided to the east, south and north
property lines ofthe project at locations to be mutually
agreed to by the County and the Developer during the
design phase of the project.
6) Sewer system connection when interim sewage treatment plant
utilized:
The utility construction documents for the project's sewerage
system shall be prepared to contain the design and construction of
the on-site force main which will ultimately connect the project to
the future central sewerage facilities of the District in the CR-95 1
Rights-Of-Way. The force main must be extended from the main
on-site pump station to the Rights-Of-Way line CR -951 and
capped. It must be interconnected to the pump station with
appropriately located valves to permit for simple redirection of the
project's sewage when connection to the County's central sewer
facilities becomes available.
7) Public Service Commission Service Territories:
Prior to approval of construction documents by the County, the
Developer must be present verification pursuant to Chapter 367,
Florida Statutes, that the Florida Public Service Commission has
granted territorial rights to the Developer to provide sewer and/or
water service to the project until the County can provide these
services through it's water and sewer facilities.
B. SOLID WASTE DISPOSAL:
Arrangements and agreements shall be made with an approved solid
waster disposal service to provide for solid waste collection service to all
areas of the project.
C. OTHER UTILITES:
Telephone, power, and TV Cable service shall be made available to all
residential areas. All such utility lines shall be installed underground.
9.7 WATER MANAGEMENT:
A. Detailed grading, paving and site drainage plans shall be submitted to
Project Review Services for review. No construction permits shall be
issued unless and until approval of the proposed construction, in
accordance with the submitted plans, is granted by Project Review
Services.
26
Words underlined are added. words stniek threl:1gh are deleted.
Agenda Item No. 8A
September 13, 2005
Page 64 of 69
B. Prior to the excavation on site, an excavation permit was issued pursuant
to Ordinance 80-26, as amended.
C. Modifications to the lake shall be done in accordance with excavation
Permit No. 59.114. A revised plan shall be submitted and approved prior
to any filling of the lake.
D. In accordance with the rules of the South Florida Water Management
District, (SFWMD) Chapters 40E4 and 40E-40, this project shall be
designed for a storm event of 3-day duration, and a 25-year return
frequency.
E. A copy of SFWMD Permit or Early Work Permit is required prior to
construction plan approval.
9.8 ENVIROMENT AL:
A. The petitioner shall be subject to all environmental sections of the Collier
County Land Development Code and Growth Management Plan
Conservation and Costal Management Element at the time of the final development
order approval.
B. All exotic vegetation as listed in the Collier County Land Development
Code (3.9.6.4.1) shall be eradicated for the preserves (or conservation
areas) within six months of the approval of this PUD.
C. This POO 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.
D. 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 County with no responsibility for
maintenance.
E. All Category I invasive exotic plants. as defined by the Florida Exotic Pest
Plant Council. shall be removed from within preserve areas and subsequent annual
removal of these plant (in perpetuity) shall be the responsibility of the property owner.
F. 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.
G. All approved Agency (SFWMD. ACOE. FFWCC) permits shall be submitted
prior to final site plan/construction plan approval.
H. Setback to preserve areas shall be in accordance with the setbacks provided in
27
Words underlined are added, words stmsk throogh are deleted.
Agenda Item No, 8A
September 13, 2005
Page 65 of 69
Sections III and IV of the PUD document.
9.9 ACCESSORY STRUCTURES:
Accessory structures may be constructed simultaneously with, or following the
construction of the principal structure.
9.10 SIGNS:
All signage shall be in accordance with the Collier County Land Development
Code, in effect at the time of permit application.
9.11 LANDSCAPING FOR OFF-STREET PARKING AREAS:
All landscaping for off-street parking areas shall be in accordance with the Collier
County Land Development Code in effect at the time of Final Site Development
Plan approval.
28
Words underlined are added, words SWEll. thr-oogb. are deleted.
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Page 66 of 69
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AUG 1 6 Z005
ZONING DEPARTMENT
Community Development and Environmental Services Division
Department of Zoning and Land Development Review
2800 North Horseshoe Drive
Naples, FL 34104
RE: Petition: POOZ-A-2003-AR-4965 Crystal Lake P.D.A. Two, Inc.
Dear Ms. Heidi Williams,
Please do not allow this petition to go any further! As long time property owners at
Crystal Lake R. V. Resort, allow us to explain why we think this petition needs to come
to a screeching halt!
Crystal Lake R.V. Resort was designed, engineered, developed and its property sold off
as an RV Resort. The resort consists of approximately 500 lots of which 199 of these lots
now have park models on them. Some of the most exclusive lots were, when purchased
and remain, deed restricted lots. These lots are for class A motor homes only. The reason
it was done and individuals purchased these lots was to prevent park models from being
built next door to them.
What you don't know is, of the current 199 existing park models, approximately 87% of
them have illegally been gutted without the "proper" County Building Permit being
issued for the "type" of work being done. These units as they stand today are already
1000 square feet under roof.
What Collier County Building Department did do, was issue a building permit for the
second half of the park model to be built on site for use as a screen room or porch. As
soon as the county building inspector signed off and final inspected said permit the same
contractor the very next morning returned and began gutting the inside. He then removed
the center load bearing wall along with other interior walls. The contractor then began a
complete build out of the park models interior making changes to the plumbing,
electrical, mechanical, the works, over the next eight to twelve weeks. It is this greater
time and expense that we believe has kept park model construction in check. If this
petition is approved; both halves of the park models come in prefabricated and equal
1000 square feet as requested in this petition. You should also know that the Crystal Lake
Board of Directors in April of 2005 approved an additional 350 square feet of roof area
and must be located at the rear of each unit. This covered area as outlined by the Board
can only be used as a patio. Reading as we often do from time to time between the lines,
we wonder how long it will take before it too is enclosed living space once again with no
permit.
Agenda Item No. 8A
September 13, 2005
Page 69 of 69
An R.V. Resort needs fresh blood to stay healthy! That means lots for rent. Every year
there are owners who for one reason or another are unable to come south. Typically it has
been these RV lot owners who put their RV lot or lots in the RV lot rental pool here
within the resort. It is from the rental ofRV lots we get new owners. However what's
happening once RV owners reach an age they can no longer operate their RV, the RV is
sold, then they by an inexpensive park model and place it on their RV lot, turning our RV
Resort in to a Trailer Park Retirement Village.
If this petition is granted and goes forward Crystal Lake R.V. Resort will be nothing
more than a Trailer Park. What happens to those deed restricted lot owners we spoke of
earlier, you know the exclusive, most expensive properties with in the resort. The ones
restricted to class A motor home use only. It is these property owners who will be
punished-inthe-~Please-help those ofus who are RVer's keep Crystal Lake an.R.V.
Resort and not a Trailer Park!
Sincerely,
Concerned Property Owners
cc: Michael J. Sheffield
Collier County Manager's Office
3301 E. Tamiami Trail
Naples, FL 34112
Mr. Jim Coletta County Commissioner
Collier County Manager's Office
3301 E. Tamiami Trail
Naples, FL 34112
Collier County Code Enforcement
Collier County Manager's Office
3301 E. Tamjami Trail
Naples, FL 34112
SECOND SUPPLEMENTAL
EXECUTIVE SUMMARY
Agenda Item No. 8B
September 13. 2005
Page 1 of 143
PUDZ-A-2004-AR-5998: Collier County Board of County Commissioners, represented by
Coastal Engineering Consultants, Inc., requesting a rezone from Planned Unit Development
(PUD) to Community Facilities Planned Unit Development (CFPUD) for a project previously
known as the Bembridge PUD, to change the name to the Bembridge Emergency Service
Complex PUD, amend the previously approved PUD document and Master Plan to show a
change in use from residential development and a church or a nursing home, to allow
development of community facilities to include an Emergency Management Operations Center,
other government facilities, and an existing Elementary School. The project consists of 39.82:1:
acres and is located on Santa Barbara Boulevard, north of Davis Boulevard, in Section 4,
Township ~O South, Range 26 East, Collier County, Florida.
PROJECT STATUS:
The Board of County Commissioners (BCC) originally heard this petition on May 24, 2005. At that time,
the petitioner was proposing a five-story, 100- foot high structure to house the Collier County Emergency
Operations Center (EOC) that would house a variety of County offices as well as the County's
Emergency Management staff and a 200-foot high communication tower. The Calusa Park Elementary
School was recognized as an existing use on the site and an approved EMS station (station #19) was also
shown on the Master Plan. At the May 24, 2005 hearing, the Board's motion to approve this petition
failed with Commissioners Coyle, Fiala and Henning voting against the motion. Commissioner Fiala
stated she voted against the motion because she wanted the petition as it had been revised to be re-
reviewed by the Collier County Planning Commission (CCPC); Commissioner Henning stated he voted
against the petition "because of the lawsuits that I feel that is going to come forward because of the
interpretation of essential services"; Commissioner Coyle did not offer any specific reasons for not
supporting the motion. Following the denial of the petition, the Board agreed that the petitioner would
submit required information to allow the petition to be reheard. On June 14, 2005, the Board voted to
reconsider the petition and directed that the petition be placed on the July 26, 2005 agenda.
At the July 26, 2005 hearing, the petitioner provided several different development scenarios for the
project at the Santa Barbara Boulevard site, specifically revising the parameters for the EOC facility on
the site. The height of the facility was reduced from the original five-story facility to show alternative
building square footage potentials with a four-story or a three-story facility. The building height for the
proposed EOC structure was reduced from the original 100 feet to 72 feet, and the proposed
communication tower height was reduced from 200 feet to 175 feet. Additionally the applicant provided
alternative designs for a three-story, 54-feet high structure with the 175-foot tall communication tower.
Because the petitioner is Collier County Facilities Management staff acting in behalf of the Collier
County Board of County Commissioners, the petitioner also provided information to the Board regarding
the timing and cost changes that would be incurred if the EOC facility originally proposed for this site is
modified to a three- or four- story structure.
As part of the July 26, 2005 presentation, the petitioner provided information about another possible site
for the EOC facility along Lely Cultural Parkway within the Lely Resort development. The Board
granted authority to the County Manager to negotiate with the property owner of the Lely Resort site.
_ The Board voted to continue this petition to September 13, 2005 to allow time for those negotiations to
occur. The petitioner will make a presentation to the Board on September 13, 2005 regarding the Lely
Resort site.
Bembridge PUD, PUDZ-A-2004-AR-5998
Bee September 13. 2005
Page 1 of 3
Agenda Item No. 88
September 13, 2005
Page 2 of 143
Commissioner Fiala asked the petitioner to investigate the feasibility of locating the EOC facility at the
landfill. The petitioner will provide information about the landfill site as part of the oral presentation on
September 13, 2005.
The petitioner has provided a revised PUD document that removes the EOC and the communication tower
from the proposed PUD amendment, thinking that the BCC's direction to date indicates another site may
be chosen for this facility. The proposed amendment would allow final action to be taken on the
Bembridge PUD amendment petition on September 13, 2005 if the Board does not wish to include the
EOC at this site. The petitioner's amendment recognizes the existing Calusa Park Elementary School that
was constructed via a now out-dated school/county interlocal agreement, and the EMS Station #19 that
has received County Site Development Plan approval and is under construction. The proposed PUD
document addressing those two facilities could lessen confusion about the allowable uses on a site and the
applicable development regulations for those uses. The subject property is currently governed by a PUD
document that only sets forth residential uses and residential development regulations. The revised PUD
document also would allow expansion of the existing school and possible construction of other school
facilities. Property development regulations have been revised to address the change in scope and uses.
The Master Plan to support the PUD document is still being prepared and will be provided to the Board of
County Commissioners either at the September 13,2005 hearing or before if possible.
SUPPLEMENTAL ANALYSIS:
The petitioner has modified this PUD amendment application as noted above. The current proposal seeks
to allow the expansion of the existing school and possible construction of another educational facility on
Tracts A and C in compliance with the 2003 School Interlocal Agreement. The EMS station currently
under construction would also be allowed as a principal use and that use would be limited to a maximum
of 7,000 square feet. Maximum building height for all structures would be 40 feet/three stories
(whichever is less) for principal structures and 30 feet for accessory structures.
The petitioner was seeking several deviations that were applicable specifically to the EOC use; those
deviations would no longer be required under the current PUD amendment. One deviation relates only to
the school. As such, staff recommends that the Board approve that deviation if the PUD is amended as
currently proposed. This deviation was discussed in the Executive Summary prepared for the May 24,
2005 Board of County Commissioners hearing. The discussion has been repeated below for ease of
reference:
Deviation F seeks relief from Subsection 5.06.06. C.l of the LDC - Signs, which limits the
number of signs to one pole or ground sign, to allow Calusa Park Elementary School to have
two ent,y signs, one of which will be a marquee sign.
Staff recommendation: A ground sign currently exists that identifies the school, however, it
is customaTY in Collier County for various entities to donate a marquee sign to each school.
Approval of this deviation would allow Calusa Park Elementary School to retain their
existing sign and have the marquee sign to transmit announcements about school activities.
Staff recommends approval of this deviation for the school site only. All other uses must
comply -with the LDC requirements.
,- The Planning Commission did not support the original amendment that included the EOC. The finding
made in support of their denial recommendation stated, "The proposed change has been deemed
inconsistent with Policy 5.4 because the uses and height proposed in this amendment are not compatible
Bembridge PUD, PUDZ-A-2004-AR-5998
Bee September 13, 2005
Page 2 of 3
.--
Agenda Item No. 8B
September 13, 2005
fi th . . , 'h h . Page3Qf143
with the neighborhood; there ore e petItion is InCOnsIstent WIt t e OMP." ThIS amended petltion IS not
required to be re-heard by the CCPC unless it is remanded by the Board in an official action. Staff would
only require a rehearing by the CCPC if the project was revised to be intensified after a prior CCPC
recommendation was rendered, The proposed changes do not intensify the project. Reviewing the
objections noted in the finding to support the CCPC denial, it seems that CCPC support might be forth-
coming for the current proposal because the height has been considerably reduced and the use that seemed
most objectionable has been removed.
RECOMMENDA TION:
Staff recommends approval of the revised PUD amendment as set forth in the PUD document revised on
August 18, 2005, and offers the legal considerations noted in the May 24, 2005 Executive Summary in
support of that recommendation.
OR, IN THE ALTERNATIVE (if the EOC.use is approved at this site)
Staff recommended approval of the PUD amendment petition (with the EOC facility) as noted in the
original Executive Summary prepared for May 24, 2005, and maintains that position should the Board
wish to include the EOC facility as part of any amendment approval in accordance with the Executive
Summary prepared for the May 24, 2005 that included the full recommendation and the legal
considerations to support that recommendation.
PREPARED BY:
Kay Deselem, AlCP, Principal Planner
Department of Zoning & Land Development Review
Bembridge PUD, PUDZ-A-2004-AR-5998
BCC September 13, 2005
Page 3 of 3
Item Number:
Item Summary:
Meeting O.te:
Agenda Item No 138
September 13, 2005
Page 4 of 143
COLLIER COlJNTY
BOARD OF COUNTY COMMISSIONERS
as
This item was continued from th€ Jllly 26. 2005 BCe meeting. Thi!, ilem requires that all
participants be sworn in and ell parte disclosure be provided by Commission members
PUOZ-A-200-4-AR-599B: Collier County Boord of County Commissioners. represented by
Coastal Engineering Consul1ants, Inc., requesting II rezone fJ(Jm Planned Unit Development
(PUDlto Community Facilities Planned Unit Development (CFPUD) tOJ a project previously
known as the Bembridgc PUD. to change Ihe name to the Bcmbtidge Emergency Service
Complex PUD. by <HT11!'\l(li\lg the previously approved PUD Document and Masiel PIHn to
6howa change in use from fl:siden1ial development and a church or a nursing home, to allow
development of various public and community facilities to include an Emergency
Manageme-nt Opelit1ions Center and other governmen1 fa(:ilitie6, arid to alluw for an ellisling
elementary school and possible expllnsion 01 the existing school alld possible construction of
additional educationai plants (schools). The projt:!ct consists of 39.82 acres and is located on
Santa Barbara BouleVArd, north of Davis Boulevard (SR 84}, in Section 4, Township 50
South. Range 26 East, Collier Calmly, Florida. (This item Companion to Item 10H)
9/13120059:00:00 AM
Date
Prepared By
Kay Deroelem, AICP
Community Development &
Environmental Services
Principal Planner
Zoning & Land Development Review
7rT/2005 4:22:44 PM
Date
Approved By
Sandra L~a Executive Secretary
Community Development & Community Development &
Environmental Services Environmental Servlce$ Admin.
8/24120051:55 PM
Approved By
Norm E. Feder. AICP
Dot.
Transportation Services
Transportation Division Administrator
Transportation Services Admin.
8/2412005 4:21 PM
Date
Approved By
Donald L. Scott
Transportation Service.
Transportation Planning Director
Transportation Planning
8/25/20056:51 AM
Date
Approved By
Cons.tllncc A. Johnson Operations Analys1
Comm~ml1y Development & Community Development &
Environment"] Services Environment..1 Servicotl Admin
6/25/20069:25 AM
Marjorie M. Student
Dat.
Appru\'ed By
County Attorney
Auist..nt County Attorney
County Attorney Office
6/26120059:56 AM
Approved By
Ray Bellows
Community O!!-vf.'lopment &
Environmental Services
Chief Plannsr
Date
Zoning & umd Development Review
8/2U/200511;Sl) AM
Date
AJlllroved By
Susan Murray. Alep
Community Development &
Environmental Services
Zoning & Land Development Director
Zoning & Land Development Revif..'W
6/26/200512:43 PM
Date
Apllroved By
Joseph K. SchmItt
Community Development &
Env;ronmentlll Services
Community Development &
Environmental Service$ Adminstrator
Community Development &
Environmental Services Admin,
8/2612005 3;56 PM
Date
Approved By
OMB Coordinator
County Manager's O1fice
Administrative Assistant
Office of Management & Budget
al29r.l005 9;25 AM
D;d,
Appro\'cd By
Mark Isackson
County Manager's- Offico
Budget Analys1
Office of Management & BUdget
BIJOf2005 9;05 AM
Da1e
Appro\'cd By
Michael Srnykowski
County Manager<s Office
Management & Budget Dire"tor
Office of Management & Budget
8/31/200511:22 AM
Dm,
Apllrovcd By
Ja~G V. Mudd
B03rd of County
Commillsioners-
County Manager
County Manager's Office
9/1120057:40 PM
SUPPLEMENTAL
EXECUTIVE SUMMARY
Agenda Item No. 88
September 13, 2005
Page 5 of 143
POOZ-A-2004-AR-5998: Collier County Board of County Commissioners, represented by
Coastal Engineering Consultants, Inc., requesting a rezone from Planned Unit Development
(POO) to Community Facilities Planned Unit Development (CFPOO) for a project previously
known as the Bembridge PUD, to change the name to the Bembridge Emergency Service
Complex PUD, amend the previously approved PUD document and Master Plan to show a
change in use from residential development and a church or a nursing home, to allow
development of community facilities to include an Emergency Management Operations Center,
other government facilities, and an existing Elementary School. The project consists of 39.82%
acres and is located on Santa Barbara Boulevard, north of Davis Boulevard, in Section 4,
Township 50 South, Range 26 East, Collier County, Florida.
PROJECT STATUS:
The Board of County Commissioners (BCC) originally heard this petition on May 24, 2005. The
Executive Summary that was prepared for that hearing has been included in the information provided for
this hearing.
At the May 24, 2005 hearing, the BCC voted to deny this petition. However, a discussion ensued among
the Board of County Commissioners and the County Attorney regarding how this petition could be re-
addressed. It was determined that a motion to reconsider the petition could be entertained at the June 14,
2005 meeting, and if the BCC voted at that time in the affirmative, then the petition could be re-heard by
the BCC at a date to be determined. On June 14,2005, a motion was passed to reconsider this petition on
July 26, 2005. At that meeting, the Board also directed staff to provide more information about how
EMS Station #19 received Site Development Plan approval at this location.
SUPPLEMENTAL ANALYSIS:
The petitioner has not modified the Pun application or plans since the Board heard this petition on May
24, 2005; therefore, no additional staff analysis regarding the POO amendment is warranted or needed.
However, as noted above, during the reconsideration hearing on June 14,2005, the BCC directed staff to
provide additional information regarding EMS Station 19 approvals. The EMS Station received Site
Development Plan Approval (SDP) on May 4, 2004, in Petition 2003-AR-4786. A Conditional Use
petition had been filed on April 24, 2003 but that petition was withdrawn based upon an August 12,2003
letter provided by the petitioner's agent setting forth a synopsis of a meeting that took place on August 4,
2003 with the agent and several staff members (copy attached). At that meeting, it was agreed that the
Conditional Use petition was unnecessary to allow an Emergency Medical Station (EMS) at this site
because that use was determined to be an Essential Services use pursuant to the Land Development Code
in effect at that time. It is important to understand that LDC references to Essential Services has been
amended several times in the last few years. Therefore, a review of current regulations could be
interpreted differently. As noted in the August 12, 2005 letter, it was determined that the Emergency
Operations Center would require an amendment to the POO however.
PREPARED BY:
Kay Deselem, AICP, Principal Planner
Department of Zoning & Land Development Review
Bembridge PUD, PUDZ-2004-AR-599B
BCC July 26, 2005
Page 1 of 1
.. . COASTAL
ENGINEERING
. A CONSULTANTS
.... INC
RECErVED
AUG : 5 2003
Agenda Item No. 88
Septe mbecEgGtbO.Q~rvlol!l'
Pay\;; u '0'1 Tff""
Civil Engineering
Planning ServlCEn
Survey & Mapping
Coo51al Engineering
Reol Estate Appraisal
Webslte: w'oIW.coostalengineering,com
A CEC' GROUP COMPANY
August 12,2003
Mr. Robin Meyer
Principal Planner
Collier Counl}' Plannjng Services Department
2800 North Horseshoe Drive
Naples, Florida 34104
RE: CU-AR-4051
EMS #19
Dear Mr. Meyer:
Thank you for taking time to meet with me on August 4 to discuss the petition for EMS #19 and
the proposed Emergency Operations Center (EOC) facility, both to be located in the Bembridge
Planned Unit Development (PUD). As we discussed on that day with MaIjorie Student,
Assistant County Attorney, and Ray Bellows, Chief Planner, it is my understanding that the
Conditional Use Petition for EMS #19 (CU-AR-40S1) can be withdrawn and the County's
consulting engineer can proceed with the submittal of a Site Development Plan (SDP) for the
facility. The reason for this is a clause in the Bembridge PUD which allows essential services as
secondary or accessory uses. Since the EMS facility is classified as an essential service, we can
proceed to the SDP phase.
In contrast, it was the opinion of Ms. Student that an application or petition for the EOC facility
would be preceded by an amendment to the PUD. The reason for this is the elimination of the
primary use of the original PUD (a maximum of 279 residential units) with an existing
elementary school, a proposed EMS facility, and an EOC facility~ My understanding is that Ms.
Murray agrees with this opinion.
Please let me know if any of the facts (as I understand them) in this letter are incorrect. If I do
not hear anything to the contrary, I will assume that the County's consulting engineer can
proceed with an SDP application for EMS #19 and I can begin the process of amending the PUD
to ultimately allow construction of the EOC facility.
3106 S. Horseshoe Drive. Naples. Florida 3.cll 0.4 · Phone (239) 643.232.cl Fax (239) 643-1 143 . E-Mail: engcollier@cecifl.com
SEF.l'ING FLDRICiA SINCE 1977
Mr. Robin Meyer
August 12, 2003
Page 2
Agenda Item No. 88
September 13, 2005
COASTAL ENGINEERING CON~~I';fT~ fNCl
Thank you again for your patience and understanding during this process. If you have any
questions, please do not hesitate to contact me at (239) 643-2324 x120.
Sincerely,
r=:N;E~C:::;;'rNC'
Vincent A. Cautero, AICP
Vice President
Planning Services
cc: Jack Crognale, Collier County Facilities Mgmt Dept.
Michael Faulhaber, AlA, BSSW
Jim Carr, Agnoli Barber & Brundage
Ray Bellows, Collier County Planning Services
Marjorie Student, Esq., Collier County Attorney's Office
Matt DuBois, TKW Engineering
Marvin Scharf, AIA, Sharf & Associates, Inc.
Jack Williams, AlA, Hanunond Jolly Clees Toppe Architects, .P.A.
data 12002\023 /9\8-12-03 r myel' cu-ar-405J III'
Agenda Item No. 88
September 13, 2005
Page 8 of 143
EXECUTIVE SUMMARY
PUDZ-A-2004-AR-5998: Collier County Board of County Commissioners, represented
by Vincent A. Cautero, AICP, of Coastal Engineering Consultants, Inc., requesting a
rezone from Planned Unit Development (PUD) to Community Facilities Planned Unit
Development (CFPUD) for a project previously known as the Bembridge PUD, to
change the name to the Bembridge Emergency Service Complex PUD, amend the
previously approved PUD document and Master Plan to show a change in use from
residential development and a church or a nursing home, to allow development of
community facilities to include an Emergency Management Operations Center, other
government facilities, and an existing Elementary School. The project consists of
39.82% acres and is located on Santa Barbara Boulevard, north of Davis Boulevard, in
Section 4, Township 50 South, Range 26 East, Collier County, Florida.
OBJECTIVE:
To have the Board of County Commissioners (BCC) consider an application to amend the PUD
as noted below and to make sure that the project is in harmony with all the applicable codes and
regulations in order to ensure that the community's interests are maintained.
CONSIDERATIONS:
The petitioner wishes to rezone the Bembridge Planned Unit Development (PUD), consisting of
39.59% acres from PUD to Community Facilities Planned Unit Development (CFPUD) for a
project previously known as the Bembridge PUD, to change the name to the Bembridge
Emergency Service Complex PUD; to amend the previously approved POO document and
Master Plan to show a change in use from residential development and a church or a nursing
home; and to allow development of community facilities to include an Emergency Management
Operations Center (EOe), other government facilities, and an existing Elementary School
(Calusa Park).
The subject site currently is developed with the Calusa Park Elementary School in the most
easterly portion, or rear, of the site, and a water retention pond in the middle of the site. The
front portion of the site, along Santa Barbara Boulevard, is undeveloped except for the
Emergency Medical Station # 19, which has already received county development (SDP-2003-
AR-4786) approval and is under construction. Access is currently gained from one access point
on Santa Barbara Boulevard.
The original PUD document indicated the project would have been developed as a residential
project with a maximum of 239 dwelling units, and a nursing home or a church. This project
will not be developed with anything similar to that, thus the PUD document is a total rewrite of
the previous PUD document. The school site and the water management areas encompass a
large portion of the subject property, thus reducing the viability of the originally approved
development scenario. It was determined that a strike thru and underline version of the PUD
document would not be appropriate because the POO document is being completely changed.
The current PUD document and Master Plan propose a multi-use community fucilities project
BEMBRIDGE PUD, PUDZ-A-2004-AR-5998
EXECUTIVE SUMMARY
Page 1 of 5
Agenda Item No. 8B
September 13, 2005
Page 9 of 143
within three Tracts: A, B, and C. The existing school use has been included in the PUD and is
shown on the Master Plan in Tract C, with allowance for expansion of that facility. Tract B is
shown as a water management area. Tract A is shown on the Master Plan to be developed with
two structures which are to accommodate various County government public safety offices, such
as the County's Emergency Management Operations facility, and an approved emergency
medical services facility. Other government uses are proposed for Tract A, as shown in Section
3.3 of the PUD document. A 175-foot-high communication tower (at the Collier County
Planning Commission (CCPC) hearing this tower was proposed to be 200 feet high) is to be
located in Tract A. The PUD document indicates that principal structures may be constructed to
a maximum height of 72 feet (at the CCPC hearing the petitioner proposed a maximum height of
100 feet); and accessory structures excluding the communication tower, may be constructed to
50 feet.
According to the Traffic Impact Statement (TIS) submitted as part of the application, the project
proposes access from two full median openings on Santa Barbara Boulevard. One access point is
along the existing Calusa Park Elementary School driveway. The other access point is proposed
at the existing median cut on Santa Barbara Boulevard. Approval of the number, location and
final design (full or partial median opening, right-in/right out) of access points will be
determined at the development order stage, not the rezoning stage.
Since the CCPC hearing on February 3, 2005, the petitioner has made revisions to the petition
documents and addressed the concerns raised by the CCPC as noted in the April 21, 2005 letter
from Harvard Jolly, the petitioner's architect (copy attached). As previously noted, the proposed
heights of the communication tower and the EOC structure have been reduced. Additionally, the
petitioner has reduced the list of deviations from an original total of eight that were sought when
this petition was heard by the CCPC, to only seek approval of three deviations. The original
letter designations for the deviations have been retained to avoid confusion regarding CCPC
discussions about specific deviations. The remaining deviations are listed below, followed by
staff's recommendation. The petitioner's List of Deviations with the rationale has been included
in the attachments.
Deviation B seeks relief from LDC Section 5.05.08.C.2.c.i of the LDC (amendments to this
section of the LDC were adopted on November 10, 2004 by Ordinance Number 2004-72) which
requires a 30 percent minimum window area for building facades facing collector and arterial
roadways, to allow a 10 percent window area for the f~ade facing Santa Barbara Boulevard.
Staff recommendation: The petitioner states that this deviation is justified because the principal
structure needs to be fully operational during the most intense storm events. In addition, larger
amounts of glass may be less than desirable for the safety of the building's occupants during
those storm events. In the interest of increased safety, staff recommends approval of this
deviation, subject to the stipulation that the deviation is only valid if the end user is the
Emergency Operations Facility. All other uses must comply with the 30 percent requirement.
Deviation D seeks relief from Subsection 4.06.02.C.l of the LDC, which requires a 10 foot wide
Type A landscape buffer along the east boundary of ESC parking lot (school retention pond) to
allow a 3 foot wide buffer.
BEMBRIDGE PUD, PUDZ-A-2004-AR-5998
EXECUTIVE SUMMARY
Page 2 of 5
Agenda Item No. 8B
September 13, 2005
Page 10 of 143
Staff recommendation: The petitioner's justification indicates compliance with lake maintenance
easement requirements would leave only a 3-foot-wide area for a buffer. A 3-foot wide area
does not provide enough room to plant shade trees without creating the potential for future
problem with root damage to adjacent parking lot paving, however staff notes that Sabal palms
could be planted within 5 feet of the parking lot. Those palm trees should not damage the
pavement, and would encroach into the easement only 2 feet. A minimal encroachment such as
this should not hinder lake maintenance activities. If however, a conflict occurs, the petitioner
has included a caveat recommended by county water management staff, that would require any
landscaping that is removed as a result of maintenance of the lake to be replaced at the expense
of the property owner. Additionally, the petitioner has agreed to increase the buffer width to 40
feet along Santa Barbara Boulevard as an offset. Staff supports this deviation request subject to
the stipulation that the deviation is only valid if the end user is the Emergency Operations
Facility. All other uses must comply with the LDC buffering requirements.
Deviation F seeks relief from Subsection 5.06.06.C.l of the LDC - Signs, which limits the
number of signs to one pole or ground sign, to allow Calusa Park Elementary School to have two
entry signs, one of which will be a marquee sign.
Staff recommendation: A ground sign currently exists that identifies the school, however, it is
customary in Collier County for various entities to donate a marquee sign to each school.
Approval of this deviation would allow Calusa Park Elementary School to retain their existing
sign and have the marquee sign to transmit announcements about school activities. Staff
recommends approval of this deviation for the school site only. All other uses must comply with
the LDC requirements.
FISCAL IMP ACT:
The rezoning by and of itself will have no fiscal impact on Collier County. There is no
guarantee that the project, at build out, will maximize its authorized level of development,
however, if the PUD is amended, a portion of the existing land will be developed and the new
development will result in an impact on Collier County public facilities, except that the uses
proposed and the Community Facilities PUD proposed would allow public facilities uses rather
than create an impact upon public facilities.
The County collects impact fees prior to the issuance of building permits to help offset the
impacts of each new development on public facilities. These impact fees are used to fund
projects identified in the Capital Improvement Element of the Growth Management Plan as
needed to maintain adopted Level Of Service (LOS) for public facilities. Additionally, in order to
meet the requirements of concurrency management, the developer of every local development
order approved by Collier County is required to pay 50 percent of the estimated Transportation
Impact Fees associated with the project. Other fees collected prior to issuance of a building
permit include building permit review fees and utility fees associated with connecting to the
County's water and sewer system. Finally, additional revenue is generated by applying ad
valorem tax rates to applicable properties, and that revenue is directly related to the value of
improvements.
BEMBRIDGE PUD, PUDZ-A-2004-AR-5998
EXECUTIVE SUMMARY
Page 3 of 5
Agenda Item No. 88
September 13, 2005
Page 11 of 143
Please note that the inclusion of impact fees and taxes collected are for informational pwposes
only; they are not included in the criteria used by Staff and the Planning Commission to analyze
this petition.
GROWTH MANAGEMENT IMPACT:
The subject property is located within the Urban (Urban Mixed-Use District, Urban Residential
Subdistrict), and is within a residential density band, as identified on the Future Land Use Map
(FLUM) of the Growth Management Plan (GMP). Relevant to this petition, the urban
designation permits non-residential uses including recreation and open space uses, a variety of
community facility uses, and essential services. Comprehensive Planning staff recommends that
the uses proposed in the POO be deemed consistent with the FLUM designation.
Future Land Use Element (FLUE) Policy 5.4 requires new land uses to be compatible with, and
complementary to, the surrounding land uses. Department of Zoning and Land Development
Review 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.
ENVIRONMENTAL ISSUES:
Environmental Services staff has reviewed the petition and the PUD document to address any
environmental concerns, but there are no environmental concerns because the site has been
cleared.
ENVIRONMENTAL ADVISORY COUNCIL (EAC) ISSUES:
The Environmental Advisory Council (EAC) did not hear this petition because the site is cleared.
PLANNING COMMISSION RECOMMENDATION:
The Collier County Planning Commission (CCPC) heard this petition on February 3, 2005, and
by a vote of 8 to 1 recommended to forward this petition to the Board of County Commissioners
(BCC) with a recommendation of denial. Commissioner Schiffer was the dissenting vote.
Because the CCPC recommended denial and persons spoke and provided correspondence in
opposition to the request, this petition cannot be placed on the Summary Agenda. The CCPC
noted the following areas of concern:
I. The petitioner did not have anyone present at the CCPC hearing to respond to
questions about the land search and why this site is the only site for this use; and
2. The petitioner did not make adequate attempts to work with the residents of
Countryside to address their concerns; and
3. The petitioner did not provide scale line-of-sight drawings; and
4. The petitioner did not provide an evaluation or show the communication tower on the
renderings; and
5. The petitioner is seeking deviations on the site due to self-induced EMS site design
constraints; and
6. The petitioner did not make adequate attempts to meet with the neighboring church to
address their access issue.
BEMBRIDGE PUD, PUDZ-A-2004-AR-5998
EXECUTIVE SUMMARY
Page 4 of 5
Agenda Item No, 88
September 13, 2005
Page 12 of 143
LEGAL CONSIDERATIONS:
Staff completed a comprehensive evaluation of this land use petition and the criteria on which a
determination by the Board of County Commissioners (BCC) must be based. The legal
considerations are based upon the listed criteria in Chapter 10.03.05 and Chapter 10.02.12 of the
LDC. These evaluations are completed as separate documents that were incorporated into the
staff report. A summary of the legal considerations and findings recommended by staff are noted
below:
. The proposed change has been deemed consistent with the goals, objectives, and policies
and Future Land Use Map and the applicable elements of the GMP.
. The proposed land uses are compatible with the existing land use pattern.
. The proposed change will not create or excessively increase traffic congestion or create
types of traffic deemed incompatIble with surrounding land uses, because of peak
volumes or projected types of vehicular traffic, including activity during construction
phases of the development, or otherwise affect public safety. This project has also been
deemed consistent with Policy 5.1 and 5.2 of the Traffic Element of the GMP.
The timing or sequence of development for the purpose of assuring the adequacy of available
improvements and facilities, both public and private, shall be provided.
The Planning Commission, with its recommendation of denial made different legal
considerations and findings, as noted below:
. The proposed change has been deemed inconsistent with Policy 5.4 because the uses and
height proposed in this amendment are not compatible with the neighborhood; therefore
the petition is inconsistent with the GMP.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners approve Petition PUDZ-A-2004-
AR-5998, which repeals Ordinance Number 98-86, and adopts the revised Bembridge PUD
Ordinance and PUD document attached hereto, noting that, in staff's opinion, the request is
consistent with the GMP Future Land Use Element designation; and as further limited in the
revised PUD document, the revised Master Plan, and the revised list of deviations, the uses
allowed by this amendment will be consistent with Policy 5.4, that requires new development to
be compatible with the surrounding uses.
PREPARED BY:
Kay Deselem, AICP, Principal Planner
Department of Zoning & Land Development Review
BEMBRIDGE PUD, PUDZ-A-2004-AR-5998
EXECUTIVE SUMMARY
Page 50f5
Agenda Item No. 88
September 13, 2005
Page 13 of 143
Co~T County
'--~ -
STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
FROM:
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
HEARING DATE: FEBRUARY 3, 2005
SUBJECT:
PETITION PUDZ-A-2004-AR-5998: BEMBRIDGE EMERGENCY SERVICE
COMPLEX (ESC) COMMUNITY FACILITIES PUD
APPLICANT:
Mr. Skip Camp, Director
Facilities Management Department
Collier County Board of County Commissioners
3301 Tamiami Trail, East
Naples, FL 34112
AGENT:
Mr. Vincent A. Cautero, AICP
Coastal Engineering Consultants, Inc.
3106 South Horseshoe Drive
Naples, FL 34104
REOUESTED ACTION: The petitioner wishes to rezone the Bembridge Planned Unit
Development (PUD), consisting of 39.59::f: acres from PUD to Community Facilities Planned
Unit Development (CFPUD) for a project previously known as the Bembridge PUD, to change
the name to the Bembridge Emergency Service Complex PUD; to amend the previously
approved PUD document and Master Plan to show a change in use from residential development
and a church or a nursing home; and to allow development of community facilities to include an
Emergency Management Operations Center, other government facilities, and an existing
Elementary School (Calusa Park).
GEOGRAPIDC LOCATION: The project is located at 4590 and 4600 Santa Barbara
Boulevard, in Section 4, Township 50 South, Range 26 East, Collier County, Florida. (see
location map on the following page)
PURPOSE/DESCRIPTION OF PROJECT: The subject site currently is developed with the
Calusa Park Elementary School in the most easterly portion, or rear, of the site, and a water
retention pond in the middle of the site. The front portion of the site, along Santa Barbara
Boulevard, has been cleared but is undeveloped. Access is currently gained from one access
point on Santa Barbara Boulevard.
G:\Current\Deselem\PUD Rezones\Bembridge EOC PUD, PUDZ-A-2004-AR-5998\STAFF REPORT 3.doc
Page 1 of 8
Agenda Item No. 88
September 13, 2005
Page 14 of 143
The original PUD document indicated the project would have been developed as a residential
project with a maximum of 239 dwelling units, and a nursing home or a church. This project
will not be developed with anything similar to that, thus the PUD document is a total rewrite of
the previous PUD document. It was determined that a strike thru and underline version of the
PUD document would not be appropriate because the PUD document is being drastically
changed.
The current PUD document and Master Plan propose a multi-use community facilities project
within three Tracts: A, B, and C. The existing school use has been included in the PUD and is
shown on the Master Plan in Tract C, with allowance for expansion of that facility. Tract B is
shown as a water management area. Tract A is shown on the Master Plan to be developed with
two structures which are to accommodate various County government public safety offices, such
as the County's Emergency Management Operations facility, and an emergency medical services
facility. Other government uses are proposed for Tract A, as shown in Section 3.3 of the PUD
document. A 200-foot-high communication tower is to be located in Tract A. The PUD
document indicates that principal structures may be constructed to a maximum height of 100
feet; and accessory structures excluding the communication tower, may be constructed to 50 feet.
According to the TIS submitted as part of the application, the project proposes access from two
full median openings on Santa Barbara Boulevard. One access point is along the existing Calusa
Park Elementary School driveway. The other access point is proposed at the existing median cut
on Santa Barbara Boulevard. Approval of the number, location and final design (full or partial
median opening, right-in/right out) of access points will be determined at the development order
stage, not the rezoning stage.
SURROUNDING LAND USE AND ZONING:
North: Santa Barbara Landings, a developed multi-family project currently zoned RMF-6, but
proposed for rezoning in PUDZ-2003-AR-4493 to add 52 affordable housing units to the
248 existing dwelling units for a total of 300 dwelling units, and Plantation PUD, a built-
out, 84:1:-acre, residential project, developed at 5 units per acre
East: Wildwood Estates PUD, a 6():1:-acre partially developed residential project, approved at a
density of 12 units per acre
South: Shoppes at Santa Barbara PUD, developed with a 7-11 at the intersection, otherwise,
undeveloped 18:1:-acre PUD; and PUD, the Neapolitan PUD, which is undeveloped, and
the New Hope Ministries Church, currently zoned Agricultural with a Conditional Use to
allow the church (The Neapolitan PUD and the Agricultural church parcel comprise the
subject property in a pending PUD rezone request-PUDZ-2003-AR-360 I)
West: Santa Barbara Boulevard, then golf course, lakes, and a developed multi-family portion
of Countryside at Berkshire Lakes, zoned PUD (part of the Berkshire Lakes DRIIPUD)
G:\Current\Deselem\PUD Rezones\Bembridge EOC PUD, PUDZ-A-2004-AR-5998\STAFF REPORT 3,doc
Page 2 rA 8
Agenda Item No. 88
September 13, 2005
Page 15 of 143
Pendin -currently
zoned MF-6
AIICIO ~ (C.R. 8SB)
8RETONNE
PARK
(DRI)
eERK SH IRE
LAKES
(DRI)
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c,-'- 0 lie
I ~ j
me r- -'
"2 z: -<
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"
....
8Ehl6RIDGE
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Excerpt from PUD Map
GROWTH MANAGEMENT PLAN CONSISTENCY:
Future Land Use Element: The subject property is located within the Urban (Urban Mixed-
Use District, Urban Residential Subdistrict), and is within a residential density band, as
identified on the Future Land Use Map (FLUE) of the Growth Management Plan (GMP).
Relevant to this petition, the urban designation permits non-residential uses including recreation
and open space uses, a variety of community facility uses, and essential services.
Comprehensive Planning staff recommends that the uses proposed in the PUD be deemed
consistent with the FLUE designation.
FLUE Policy 5.4 requires new land uses to be compatible with, and complementary to, the
surrounding land uses. Department of Zoning and Land Development Review 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.
Transportation Element: Transportation staff has determined that this petition is consistent
with the GMP Transportation Element Policies 5.1 and 5.2 because there are no roadways that
are projected to operate below the adopted level of service standard with the proposed
improvements, therefore the project will not have an adverse impact on any roadway.
ANALYSIS:
Staff completed a comprehensive evaluation of this land use petition and the criteria upon which
a favorable determination must be based. These criteria are specifically noted in Sections
10.02.13 and 1O.02.13.B.5 of the Land Development Code and required staff evaluation and
comment. The staff evaluation establishes a factual basis to support the recommendations of
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Agenda Item No, 88
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Page 16 of 143
staff. The Collier County Planning Commission (CCPC) uses these same criteria as the basis for
their recommendation to the Board of County Commissioners (BCC), who in turn, use the
criteria to support their action on the rezoning request. These evaluations are completed as
separate documents and are attached to the staff report (See Exhibit "A" and Exhibit "B").
Environmental Analysis: Environmental Services staff has reviewed the petition and the PUD
document to address any environmental concerns. Environmental issues have been adequately
addressed in the PUD document.
Transportation Review: Transportation Division staff has reviewed the petition and the PUD
document that accompanies the request. The applicant has incorporated Transportation staff's
revisions within the PUD document.
Utility Review: The Utilities Division staff has reviewed the petition and the PUD document
and has stated that approval of this petition is subject to application for, and conditions
associated with a "Water and Sewer Availability Letter" from the Collier County Utilities
Division. The Utilities Division notes that a 16-inch water transmission line and a 20-inch sewer
force main exist along Santa Barbara Boulevard.
Zoning Review:
Relationship to Existing and Future Land Uses:
A discussion of this relationship, as it applies specifically to Collier County's legal basis for land
use planning, refers to the relationship of the uses that would be permitted if the proposed zoning
action is approved and to the requirement or limitations set forth in the Future Land Use Element
(FLUE) of the Growth Management Plan (GMP). The proposed uses, as limited in the PUD
document, are consistent with the GMP, and should be compatible with the land uses that have
been developed on adjacent tracts. As discerned from the aerial photograph, the surrounding
zoning discussion and the Master Plan, the site will be separated from other development by the
buffers required by the LDC along the north, south, and east boundaries, and Santa Barbara
Boulevard separates this project from the residential uses within Countryside at Berkshire Lakes.
The petitioner is seeking deviations from the buffering requirements, but staff believes the site
design for the ESC, coupled with the separation distance provided by the existing school's
entrance along the north boundary, the existing school's location along the western boundary,
and the proposed 6-laning of Santa Barbara Boulevard make approval of the deviations
appropriate, because there appears to be ample separation distance from the proposed buildings
to any surrounding residential structure, thus somewhat negating the effect any buffering would
provide anyway.
The PUD document for this project proposes a maximum building height of 100 feet for
principal structures which, in accordance with the commitments staff believes were made by the
petitioner' agents at the Neighborhood Information Meeting (NIM), would be further limited to a
maximum of 5 stories (See NIM discussion later in this staff report.). Staff believes a IOO-foot
tall structure in the project's current design would be appropriate given the separation distances
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Agenda Item No. 88
September 13, 2005
Page 17 of 143
to the residential uses.
Deviation Discussion:
The petitioner is seeking several deviations and has included the deviations in the PUD
document in Section 4.13. The petitioner has provided justification in support of the deviations,
which has been included in the application package. Staff has analyzed the deviations in
compliance with LDC Sections (LDC Sections 10.02. 13.A.2.v. and 10.02.13.B.5.h.) and
provides the analyses and recommendations below.
Deviation A seeks relief from LDC Section 5.03.02 which limits the height of a fence to a
maximum of 4 feet, to allow a maximum of an 8-foot high fence to be erected along the
Emergency Services Complex boundaries. The justification provided by the petitioner for this
deviation states, "we request that the security fence at the perimeter of the property line
containing the Emergency Services Complex be 8 foot high. We propose building a landscaped
berm, similar to that at gated communities, in the right-of-way adjacent to Santa Barbara Blvd"
This language is ambiguous. Staff would be unable to determine compliance, because gated
community entrances do not meet any certain standard; the designs are subjective. Buffers are
not normally placed within the right-of-way, which is the location proposed in the petitioner's
justification. The petitioner has not stated what materials are proposed; staff believes it
appropriate to prohibit barbed wire materials because barbed wire would not be complementary
to the residential character of the neighborhood. Staff therefore proposes the following language
to clarify the augmented berm requirement offered by the petitioner, and to prohibit the fence or
berm's location within the right-of-way, and prohibit barbed wire. With the limitations below,
staff recommends approval of the deviation.
The developer must provide a two to three foot high undulating berm within a 20- foot
wide type B buffer augmented with ground covers, other than grass, in the amount of
25 percent of the landscape buffer area along the entire frontage of Santa Barbara
Boulevard. The buffer must be provided along the street side of the fence. Barbed wire
fencing material is prohibited. The berm and fence must be provided entirely on the
subject property. No improvements can occur within the road rights-of-way.
Deviation B seeks relief from LDC Section 5.05.08.C.2.c.i of the LDC (amendments to this
section of the LDC were adopted on November 10, 2004 by Ordinance Number 2004-72) which
requires a 30 percent minimum window area for building facades facing collector and arterial
roadways, to allow 10 percent window area for the fayade facing Santa Barbara Boulevard. The
petitioner states that this deviation is justified because the principal structure needs to be fully
operational during the most intense storm events. Larger amounts of glass may be less than
desirable for the safety of the building's occupants during those storm events. For comparison,
industrial buildings are allowed to have a minimum of 10 percent window area, so there is a
standard for that amount within the LDC. In the interest of increased safety, staff recommends
approval of this deviation, subject to the stipulation that the deviation is only valid if the end user
is the Emergency Operations Facility. All other uses must comply with the 30 percent
requirement.
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Agenda Item No, 88
September 13, 2005
Page 18 of 143
Deviation C seeks relief from Subsection 4.06.02.C.lofthe LDC, which requires a IO-foot wide
Type B landscape buffer along the north boundary of Emergency Services Complex (ESC)
parking lot, to allow a buffer that is an average of 7 feet wide to be placed along the north
boundary. The petitioner's agent states that with the current development proposal, the proposed
7-foot-wide (average) buffer is the maximum size buffer that can be accommodated in this area
between the edge of pavement and the tract boundary. The average width is just over 7 feet
wide. The developer has agreed to plant a single row of shade trees and a double staggered row
of shrubs to create an adequate buffer along the school's internal access road without adding to
the off-tract maintenance requirements by expanding the buffer north of the tract boundary.
Staff supports this deviation request subject to the stipulation that the deviation is only valid if
the end user is the Emergency Operations Facility. All other uses must comply with the LDC
buffering requirements.
Deviation D seeks relief from Subsection 4.06.02.C.l of the LDC, which requires a 10 foot wide
Type B landscape buffer along the east boundary of ESC parking lot to allow a 3-foot wide
buffer that will consist of a single row hedge. The petitioner's agent states compliance with lake
maintenance easement requirements leaves only a 3-foot-wide area for a buffer. A 3-foot wide
area does not provide enough room to plant shade trees without creating the potential for future
problem with root damage to paving, however staff notes that Sabal palms could be planted
within 5 feet of the parking lot. Those palm trees should not damage the pavement, and would
encroach into the easement only 2 feet. A minimal encroachment such as this should not hinder
lake maintenance activities. If however, a conflict occurs, the petitioner has included a caveat
recommended by county water management staff, that would require any landscaping that is
removed as a result of maintenance of the lake to be replaced at the expense of the property
owner. Staff supports this deviation request subject to the stipulation that the deviation is only
valid if the end user is the Emergency Operations Facility. All other uses must comply with the
LDC buffering requirements.
Deviation E seeks relief from Subsection 4.06.02.C.I of the LDC, which requires a 20-foot wide
buffer along the entire western property boundary, to allow a lO-foot wide type B buffer at the
project's proposed southwestern entrance to make allowance for an existing easement. The
petitioner states there is not sufficient room for a full 20-foot wide buffer between the edge of
pavement and west tract boundary. The PUD states that a buffer with a single row of shade trees
and a double staggered row hedge will be provided and trees and shrubs will be provided on a
berm located between parallel drainage swales. Staff supports this deviation request subject to
the stipulation that the deviation is only valid if the end user is the Emergency Operations
Facility. All other uses must comply with the LDC buffering requirements.
Deviation F seeks relief from LDC Section 5.06.06.C.l. which allows one pole or ground sign
for the school site, to allow the school to have two signs, one ground sign and one marquee sign.
A ground sign currently exists that identifies the school, however, it is customary in Collier
County for various entities to donate a marquee sign to each school. Approval of this deviation
would allow Calusa Park Elementary School to retain their existing sign and have the marquee
sign to carry announcements about school activities. Staff recommends approval of this
deviation for the school site only. All other uses must comply with the LDC requirements.
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Agenda Item No, 8B
September 13, 2005
Page 19 of 143
Deviation G seeks relief from LDC Section 5.05.C.3.iiLa. (amendments to this section of the
LDC were adopted on November 10, 2004 by Ordinance Number 2004-72) the architectural
massing requirements, which requires buildings over 40,000 square foot to provide a minimum
lO-foot projection and recess depth, to allow a minimum projection depth of 3 feet. The 3-foot
requirement is the previously acceptable standard. The petitioner's agent has noted that the plans
for the facility were prepared using the standards in effect at the time, and those plans are nearly
complete. Staff supports this deviation request subject to the stipulation that the deviation is
only valid if the end user is the Emergency Operations Facility. All other uses must comply with
the LDC massing requirements.
NEIGHBORHOOD INFORMATION MEETING:
The petitioner's agents held the Neighborhood Information Meeting on August 10, 2004 at 5:30
P.M. at Collier County Domestic Animal Services facility conference room on Davis Boulevard.
The meeting was attended by approximately fifteen individuals, including agents for the
applicant and county staff. Of those persons who spoke, most expressed no opposition to the
proposed rezone and proposed emergency operations center. However, a person who identified
himself as a Countryside Homeowners Association spokesman stated opposition to the proposed
facility. The following statements were made by the applicant's agent, Mr. Vincent Cautero of
Coastal Engineering Consultants, Inc:
. Emergency Services Complex to consist of two buildings
. The Emergency Services Complex main building will be a maximum of 117,000 to120,000
square feet [clarified by agent-there will also will be a 5,000 square foot EMS facility]
. Access from Santa Barbara Boulevard
. Maximum building height for the ESC will be four stories [The agent responded to staffs
summation in a September 2, 2004 letter, offering a clarification to the building height. The agent
noted in the letter that the petitioner is actually seeking a maximum height of 5 stories; staff notes
the petitioner's architect was describing the ESC building which was proposed to be a maximum
of four stories high; which should not have been construed as an overall project maximum
building height.]
. 200-foot tall communications tower
. Setbacks (from residential neighbors) 50 feet or ~ the height of building, whichever is greater
. No outside training
· No heliport
. One ambulance initially (Additional units may be added later)
(Synopsis of the NIM provided by Linda Bedtelyon, Community Planning Coordinator)
STAFF RECOMMENDATION:
Zoning & Land Development Review staff recommends that the Collier County Planning
Commission forward Petition PUDZ-2004-AR-5998 to the Board of County Commissioners
with a recommendation that this petition be deemed consistent with the GMP, and further that
the rezoning request from the Rural Agricultural zoning district to CFPUD be approved, with the
limitations contained in the PUD document.
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Agenda Item No. 88
September 13, 2005
Page 20 of 143
PREPARED BY:
DATE
KAY DESELEM, AICP, PRINCIPAL PLANNER
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
REVIEWED BY:
RAYMOND V. BELLOWS, MANAGER
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
DATE
SUSAN MURRAY, AICP, DIRECTOR
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
DATE
APPROVED BY:
JOSEPHK. SCHMITT ADMINISTRATOR DATE
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
Tentatively scheduled for the March 8, 2005 Board of County Commissioners Meeting
COLLIER COUNTY PLANNING COMMISSION:
RUSSELL A. BUDD, CHAIRMAN
DATE
Exhibits:
A. Rezone Findings
B. PUD Findings
G:\Current\DeselemIPUD Rezones\Bembridge EOC PUD, PUDZ-A-2004-AR-5998\STAFF REPORT 3.doc
Page 8 of 8
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Agenda Item No. 88
September 13, 2005
Page 22 of 143
Agenda Item No. 8B
September 13, 2005
Page 23 of 143
FINDINGS FOR PUD
PUDZ-2004-AR-5998
Section 10.02.13.B.5 of the LDC of the Collier County Land Development Code requires the Planning
Commission to make a finding as to the PUD Master Plans' compliance with the following criteria:
1. The suitability of the area for the type and pattern of development proposed in relation
to physical characteristics of the land, surrounding areas, traffic and access, drainage,
sewer, water, and other utilities.
The subject site is partially developed with an elementary school and a water management
lake. The remainder of the site has been cleared but is undeveloped The site is located
where it has access to Santa Barbara Boulevard near its intersection with Davis Boulevard.
The petitioner has agreed to connect to county utility service, and the drainage will be
provided in compliance with all applicable codes.
2. Adequacy of evidence of unified control and suitability of any proposed agreements,
contract, or other instruments, or for amendments in those proposed, particularly as
they may relate to arrangements or provisions to be made for the continuing operation
and maintenance of such areas and facilities that are not to be provided or maintained
at public expense.
Documents submitted with the application provide evidence of unified control. The PUD
document makes appropriate provisions for continuing operation and maintenance of
common areas.
3. Conformity of the proposed Planned Unit Development with the goals, objectives, and
policies of the Growth Management Plan (GMP).
The subject petition has been found consistent with the goals, objectives and policies of the
GMP, as provided for in the Ordinance. Please see the staff report for a more detailed
discussion.
4. The internal and external compatibility of proposed uses, which conditions may
include restrictions on location of improvements, restrictions on design, and buffering
and screening requirements.
Staff analysis indicates that this petition is compatible, both internally and externally, with
the proposed uses and with the existing surrounding uses.
5. The adequacy of usable open space areas in existence and as proposed to serve the
development.
The amount of open space set aside by this project is consistent with the provisions of the
Land Development Code.
EXHIBIT "sn
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Agenda Item No. 88
September 13, 2005
Page 24 of 143
6. The timing or sequence of development for the purpose of assuring the adequacy of
available improvements and facilities, both public and private.
Timing or sequence of development in light of concurrency requirements is not a
significant problem.
7. The ability of the subject property and of surrounding areas to accommodate
expansion.
Ability, as applied in this context, implies supporting infrastructure such as wastewater
disposal system, potable water supplies, characteristics of the property relative to hazards,
and capacity of roads, is supportive of conditions emanating from urban development.
Infrastructure is or will be in place in the vicinity and its adequacy will be determined at
the time of SDP approval.
8. Conformity with PUD regulations, or as to desirable modifications of such
regulations in the particular case, based on determination that such modifications
are justified as meeting public purposes to a degree at least equivalent to literal
application of such regulations.
This criterion essentially requires an evaluation of the extent to which development
standards and deviations proposed for this PUD depart from development standards that
would be required for the most similar conventional zoning district. The development
standards in this PUD are similar to those standards, with the exception of the height
proposed and buffer deviations.
The Community Facilities (CF) zoning district allows a maximum height of 30 feet for
structures and up to 40 feet for towers. This project proposed a maximum building height
of 100 feet, and a communication tower up to 200 feet high. Staff believes the project's
structures will be compatible because the proposed structure will not be near any other
structures, and it will be located on a main roadway, thus it will not block any aesthetic
elements from any other shorter structure. The tower is shown on the Master Plan in an
internal area; it is not near any perimeter property boundary, thus reducing potential
negative impacts upon any surrounding property owner. The communication tower is
only a permitted use within Tract A; therefore, it could not be located adjacent to Santa
Barbara Landings, Plantation PUD or Wildwood Estates, which are the only residential
projects located nearby because none of those project border Tract A.
EXHIBIT "B'"
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Agenda Item No, 88
September 13, 2005
Page 25 of 143
REZONE FINDINGS
PETITION PUDZ-2004-AR-5998
Chapter 10.03.05.0 of the Collier County Land Development Code requires that the report and
recommendations of the Planning Commission to the Board of County Commissioners shall
show that the Planning Commission has studied and considered the proposed change in relation
to the following, where applicable:
1. Whether the proposed change will be consistent with the goals, objectives, & policies
of the Future Land Use Map and the elements of the Growth Management Plan.
The Comprehensive Planning Department has indicated that the proposed PUD
amendment is consistent with all applicable elements of the Future Land Use Element
(FLUE) of the Growth Management Plan (GMP).
2. The existing land use pattern;
This project will be consistent with the existing and proposed land use patterns as
explained in the staff report.
3. The possible creation of an isolated district unrelated to adjacent and nearby
districts;
The subject parcel is of sufficient size that it will not result in an isolated district
unrelated to adjacent and nearby districts. It is also compatible with expected land uses
by virtue of its consistency with the FLUE of the OMP.
4. Whether existing district boundaries are illogically drawn in relation to existing
conditions on the property proposed for change.
The PUD district boundaries are logically drawn and they are consistent with the FLUE
of the GMP.
5. Whether changed or changing conditions make the passage of the proposed
amendment necessary.
The growth and development trends, changing market conditions, specifically the
development of the site with a school, and the development of the surrounding area,
support the proposed amendment. The amendment is not necessary, per se, but it does
seem appropriate. This site is located within an area of active development with a
mixture of commercial and residential uses being constructed or projected. The county
needs to expand the emergency services available to serve the public and this site seems
appropriate to meet that need. In addition to adjacent development, a residential PUD is
planned for the drive-in theater site. That PUD (the Cook Road PUD, PUDZ-2004-AR-
6192) is proposed to contain 160 units on 40:1: acres. The intersection of Davis Boulevard
and Santa Barbara Boulevard is identified as a Mixed Use Activity Center Subdistrict,
which would encourage more intense development. The proposed PUD rezoning is
EXHIBIT "'An
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Agenda Item No. 8B
September 13, 2005
Page 26 of 143
appropriate, as limited in the PUD document and the PUD Master Plan based on its
compatibility with adjacent land uses.
6. Whether the proposed change will adversely influence living conditions in the
neighbor hood;
The development standards and landscaping requirements contained in the PUD
document are intended to mitigate any adverse impact to the living conditions in this
neighborhood if the proposed change is approved.
7. Whether the proposed change will create or excessively increase traffic congestion
or create types of traffic deemed incompatible with surrounding land uses, because
of peak volumes or projected types of vehicular traffic, including activity during
construction phases of the development, or otherwise affect public safety.
The Transportation Services Division has reviewed the proposed PUD and has
incorporated language into the PUD document which renders the PUD compatible with
the Traffic Circulation Element. Therefore, the proposed PUD will not excessively
increase traffic congestion.
8. Whether the proposed change will create a drainage problem;
The project will be required to obtain a permit from the South Florida Water
Management District. Drainage problems should not be created when construction is
done in accordance with the permit.
9. Whether the proposed change will seriously reduce light and air to adjacent areas;
All projects in Collier County are subject to the development standards that apply
generally and equally to all zoning districts (Le. open space requirement, corridor
management provisions, etc.) that were designed to ensure that light penetration and
circulation of air do not adversely affect adjacent areas. This project will be subject to
those same standards.
10. Whether the proposed change will adversely affect property values in the adjacent
area;
Property valuation is affected by a host of factors including zoning, however zoning by
itself mayor may not affect values, since value determination by law is driven by market
value. The mere fact that a property is given a new zoning designation or amendment
mayor may not affect value.
11. Whether the proposed change will be a deterrent to the improvement or
development of adjacent property in accordance with existing regulations;
The development of adjacent properties, in accordance with existing regulations, will not
be affected if this rezone is approved.
EXHIBIT "An
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Agenda Item No. 88
September 13, 2005
Page 27 of 143
12. Whether the proposed change will constitute a grant of special privilege to an
individual owner as contrasting with the public welfare;
The proposed rezone to PUD complies with the Growth Management Plan, which is a
public policy statement supporting zoning actions when they are consistent with said
plans. In light of this fact, the proposed PUD does not constitute a grant of special
privilege. Consistency with the FLUE is further determined to be a public welfare
relationship because actions consistent with plans are in the public interest.
13. Whether there are substantial reasons why the property cannot be used in
accordance with existing zoning;
The property is currently used in compliance with the existing zoning, and that use could
remain if so desired by the property owner.
14. Whether the change suggested is out of scale with the needs of the neighborhood or
the County;
The proposed PUD is designed in a manner that is compatible with surrounding property
in size and scale. It is also consistent with the FLUE of the Growth Management Plan, as
further limited in the PUD document.
15. Whether is it impossible to find other adequate sites in the County for the proposed
use in districts already permitting such use.
There may be other sites which are zoned to accommodate the proposed development,
however it is very unlikely that there are any sites that are developed with or are approved
to allow an elementary school and a public services facility with structures up to 100 feet
tall. Staff did not conduct the analysis to make such a determination. However, it is
important to note that staffs major determinants of zoning are consistency with the
elements of the GMP, compatibility, and to some extent, the adequacy of infrastructure.
16. The physical characteristics of the property and the degree of site alteration, which
would be required to make the property usable for any of the range of potential uses
under the proposed, zoning classification.
While site conditions may restrict the location and square-footage of the buildings, they
would not render the property unusable.
17. The impact of development on the availability of adequate public facilities and
services consistent with the levels of service adopted in the Collier County Growth
Management Plan and as defined and implemented through the Collier County
Adequate Public Facilities Ordinance, as amended.
A multi-disciplined team responsible for jurisdictional elements of the GMP has
reviewed this petition and they have found it consistent with the GMP. The conditions of
approval have been incorporated into the PUD document. Staff reviews for adequacy of
public services and levels of service determined that required infrastructure meets with
GMP established relationships.
EXHIBIT "A"
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I
I
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Page 28 ~f 143
APPLICA nON FOR PUBLIC HEARING FOR:
~UD TO PUD REZONE (PUDZ-A)
[]PUD REZONE (pUDZ)
Date Received:
RE-SUBMITT AL
Planner Assigned: PUDZ-A2004-AR-5998
-PROJECT #19990090
C .. D" DA TE: 12/1104
OmmISSIOn lstrict: -KAY DESELEM
Petition No.:
ABOVE TO BE COMPLETED BY STAFF
1 . General Information:
Name of Applicant(s) Mr. Skip Camp for Collier County Board of County Commissioners
Applicant's Mailing Address c/o Facilities Management Dept. 3301 Tainiami Trail East
City Naples State Florida Zip 34112
Applicant's Telephone # (239) 774-8380
Fax # (239) 793-3795
Applicant's E-Mail Address:SkipCamp@colliergov.net
Name of Agent Vincent A. Cautero. AICP Firm Coastal Engineering Consultants. Inc.
Agent's Mailing Address 3106 South Horseshoe Drive
City Naples
State FL.
Zip 34104
Agent's Telephone # (239) 643-2324 Fax # (239) 643-1143
Agent's E-Mail Address:vcautero(lV.cecifl.com
COLLIER COUNTY COMMUNITY DEVELOPMENT
DEP AR'rMENT OF ZONING AND LAND DEVELOPMENT REVIEW
2800 N. HORSESHOE DRIVE-NAPLES, FL 34104
PHONE (941) 403-24001FAX (941) 643-6968
*Be aware that Collier County has lobbyist regulations. Guide yourself accordingly
and ensure that you are in compliance with these regulations.
Agenda Item No. 8B
September 13, 2005
Page 29 of 143
Complete the following for all Association(s) affiliated with this petition. (provide additional sheets
if necessary)
Name of HOIDeowner Association: N/A
Mailing Address
City
State _ Zip
Name of Homeowner Association:
Mailing Address
City
State _ Zip
Name of Homeowner Association:
Mailing Address
City
State _ Zip
Name of Master Association: N/A
Mailing Address
City
State _ Zip
Name of Civic Association: NI A
Mailing Address
City
State _ Zip
2 . Disclosure of Interest Information:
a If the property is owned fee simple by an INDMDUAL, tenancy by the entirety,
tenancy in common, or joint tenancy, list all parties with an ownership interest as well as
the percentage of such interest (Use additional sheets if necessary).
Name and Address
Percentage of Ownership
Collier County Government
3301 Tamiami Trail East
Naples. Florida 34112
100% Tracts "A" & "B"
of CFPUD
Collier County Public Schools
5775 Osceola Trail
Naples. Florida 34109
100% of Tract of
Tract "C" of CFPUD
AuDlication For Public: Hearin2 For POO Rezone 8129103
J:\DATA \2003\03130\RAIJ worl<\03130.ESCPUD~oo200411 02.doc
Agenda Item No. 88
September 13, 2005
Page 30 of 143
b. If the property is owned by a CORPORATION, list the officers and stockholders and the
percentage of stock owned by each.
Name and Address, and Office
Percentage of Stock
c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the
percentage of interest.
Name and Address
Percentage of Interest
d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the
name of the general and/or limited partners.
Name and Address
Percentage of Ownership
e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a
Corporatio~ Trustee, or a Partnership, list the names of the contract purchasers below,
including the officers, stockholders, beneficiaries, or partners.
Name and Address
Percentage of Ownership
Date of Contract:
ADD"c:ation For Pub"!: Bearin!>: For PUD Rezone 8/29/03
J:\DATA\2003\0313O\V.Ilworlt\03130BSCPtIDRaoDoPetltia020041102,doc
Agenda Item No. 8B
September 13, 2005
f If . I . I dd.. al . 1" aIlp.aos 31. 0[1143
. any contingency cause or contract terms mvo ve a ltion parties, 1st mUlVlCluws
or officers, if a corporation, partnership, or trust
Name and Address
g. Date subject property acquired (X) leased (): 04/19/01 & 12/19/01 Term oflease
yrs.lmos.
If, Petitioner has option to buy, indicate date of option:
terminates: , or anticipated closing date
and date option
h. Should any changes of ownership or changes in contracts for purchase occur subsequent
to the date of application, but prior to the date of the final public
hearing, it is the responsibility of the applicant, or agent on his behalf, to submit
a supplemental disclosure of interest form.
3. Detailed le~al description of the propertv covered by the application: (If space is
inadequate, attach on separate page.) If request involves change to more than one zoning
district, include separate legal description for property involved in each district. Applicant
shall submit four (4) copies of a recent survey (completed within the last six months,
maximum 1" to 400' scale) if required to do so at the pre-application meeting.
NOTE: The applicant is responsible for supplying the correct legal description. If questions
arise concerning the legal description, an engineer's certification or sealed survey may be
required.
Section: 4
Township: 50 south
Range:
26 east
Lot:
Block:
Subdivision:
Plat Book Page #:
00399840007.
/
!
Property LD.#: 00400246406.00400246309.&
Metes & Bounds Description:
See attached legal descriptions
4. Size ofpropertv: 1397;76:1: ft. X 1256.25:1: ft. = Total Sq. Ft. 1.755.936:1: Acres 39.59:1:
Approximate size of property. See survey for accurate dimensions.
5. Address/generallocation of subject propertv: 4590 and 4600 Santa Barbara Boulevard
East side of Santa Barbara Blvd.. approximately one quarter mile north of Davis Blvd.
Annlic:ation For Public Heannl!: For PUD Rezone Sf29/03
J:'JJATA IlOO3\03130\RAIlwo:k\03130ESCPUDRezonePetitioDlOO411 02.doc
Agenda Item No. 88
September 13, 2005
Page 32 of 143
6.
PUD District (LDC 2.2.20.4):
o Residential !&1 Community Facilities
o Commercial 0 Industrial
7. Adjacent zoning and land use:
Zoning
Land use
N RMF-6: Pending PUD and PUD
Residential
S PUD
Commercial
E PUD
Residential
w PUD
Residential
Does the owner of the subject property own property contiguous to the subject property? If
so, give complete legal description of entire contiguous property. (If space is inadequate,
attach on separate page). NO
Section:
Township:
Range:
Lot:
Block:
Subdivision:
Plat Book_Page #:
Property I.D. #:
Metes & Bounds Description:
8. Rezone Request: This application is requesting a rezone from the Residential POO
zoning district(s) to the Community Facility PUD zoning district(s).
Present Use of the Property: Existing public school and Vacant
Proposed Use (or range of uses) of the property: Collier County Emergency Services
Complex and Calusa Park Elementary School
Original PUD Name: Bembridge PUD
Ordinance No.: 98-86
9. Evaluation Criteria: Pursuant to Section 2.7.2.5 and Sec. 2.7.3.2.5 of the Collier County
Land Development Code, staff's analysis and recommendation to the Planning Commission,
and the Planning Commission's recommendation to the Board of County Commissioners shall
be based upon consideration of the applicable criteria noted below. Provide a narrative
statement describing the rezone request with specific reference to the criteria noted below.
Include any backup materials and documentation in support of the request
ADDlication For Public Hearinl! For PUD Rezone 8/29/03
J:\DA TA\2003\0313O\RAJlworlc\03130ESCI'UDR=ePetili0n20041102.doc
Agenda Item No. 88
September 13, 2005
Page 33 of 143
Request an amendment from PUD to Community Facilities PUD (CFPUD) for the Bembridge Pun
COrd 98-86), to reflect the changes to the original PUD. The new CFPUD Document will clarify the
changes to the original PUD and reflect that it is no longer a residential PUD, but a community
facilities center for the new Emergency Management Services Station, the Emergency Operations
Center, and the existing Calusa Park Elementary School.
The proposed CFPUD is consistent with the policies and objectives of the County's Growth
Management Plan and the Land Development Code. These facilities are permitted by conditional use
approval in PUDs, but due to the total change of the character of the PUD from residential to public
services, the amendment, if approved, will better document the changed nature of the PUD.
PUD Rezone Considerations WC Section 2.7.3.2.5)
1. The suitability of the area for the type and pattern of development proposed in relation to
physical characteristics of the land, surrounding areas, traffic and access, drainage,
sewer, water, and other utilities.
The PUD has already changed to one that provides only public services. The Calusa Park
Elementary School and the approved EMS Station #19 (4-04) already serve the surrounding public.
The public facilities proposed here are needed, and the ESCfacility will serve all of Collier County
by providing a state of the art facility for dealing with major emergencies such as hurricanes. Access
exists, but the new ESC facility will coordinate the road and access design with County
Transportation Services to ensure adequate access. The PUD will also provide water management
lakes for handling not only on-site runoffbut the flow from the expanded Santa Barbara Blvd.
2. Adequacy of evidence of unified control and suitability of any proposed agreements,
contract, or other instruments, or for amendments in those proposed, particularly as they
may relate to arrangements or provisions to be made for the continuing operation and
maintenance of such areas and facilities that are not to be provided or maintained at
public expense. Findings and recommendations of this type shall be made only after
consultation with the county attorney.
The PUD is owned by the County and the School District.
3. Conformity of the proposed PUD with the goals, objectives and policies of the growth
management plan.
Public safety facilities and schools are consistent with the Collier County Growth Management Plan
policies. Although there may appear to be some impacts, such as a slight increase in traffic, these
facilities are necessary to provide adequate public safety and necessary services for existing and
future development for all of the County.
4. The internal and external compatibility of proposed uses, which conditions may include
restrictions on location of improvements, restrictions on design, and buffering and
screening requirements.
The proposed facilities will meet or exceed buffering requirements as specified in the We. All
facilities within this PUD will be for public services. The Calusa Park Elementary School will be
separated from the ESC Center by a large water management lake which will also minimize any
possible internal condition. .
AnDlication For Public Hearin2 For POO Rezone 8/29103
J:\DA TA 12003\03130\RAIl work\03130ESCPUDR=ePetiti0n20G411 02.doc
Agenda Item No. 88
September 13, 2005
Page 34 of 143
5. The adequacy of usable open space areas in existence and as proposed to serve the
development.
The Calusa Park Elementary School provides large areas for recreation. Because of security reasons,
the ESC center itself may be limited for public use. Regardless, the PUD will exceed County
requirements for open space.
6. The timing or sequence of development for the purpose of assuring the adequacy of
available improvements and facilities, both public and private.
The Calusa Park Elementary School and the access roads serving it are built. The EMS station #19
will commence construction at the time of this application. The ESC building will commence
construction after approval of this CFPUD. Publicfacilities and water managementfacilities will be
in place prior to construction.
7. The ability of the subject property and of surrounding areas to accommodate expansion.
The subject property is more than adequate to accommodate the existing and proposed facilities. The
facilities will be located on a large 39.59:1:: acre tract of land. The expansion of Santa Barbara will
also provide ample capacity to handle these facilities and any fUture surrounding development.
8. Conformity with PUD regulations, or as to desirable modifications of such regulations in
the particular case, based on determination that such modifications are justified as
meeting public purposes to a degree at least equivalent to literal application of such
regulations.
This proposed CFPUD will meet all PUD and LDC requirements with the exception of four
deviations :
./ Deviation from LDC Section 5.03.02 which limits the height offences and walls to sixfeet
where facing residential districts. The requested deviation will allow security fencing up to 8'
high. Said deviation will allow better security for facilities, which call for a higher level of
security during local and national emergencies than general government facilities.
./ Deviation from architectural requirements in Section 5.05.08 of the LDC, which require
windows at a minimum of 40 % of the affected facades facing collectors and arterial streets,
and from far;.ade window requirements. Due to the use of the ESe building during
emergencies, such as hurricanes, an exception to this minimum requirement is proposed. The
command operations need to be protected and offer a sheltered space for operations. Other
architectural elements will be provided to compensate for the lack of meeting these
requirements.
./ Deviation from LDC Section 4.02.01 (A),' Table 2 which limits the maximum building height
to 30'. The ESC main building is four stories with an approximate height of 98'. This is
necessary because of the following reasons. The ground floor provides protected areas for
covered parking. The second floor is 22' above the parking level for clearance to
accommodate the EOC mobile command vehicle. The remaining floors are 18' floor-to-floor.
This is necessary to clear the structural depth required to meet the 175 mph category five
hurricane design and to allow for clearance of extensive technology/data cable trays, fire
sprinkler systems, and ductwork.
ADulleation For Public Hurinl! For POO Rezone 8/29/03
J:\DATA \2003\03130\RA11_\03130ESCPUDRczonoPeliU0n20041102.doc
Agenda Item No, 88
September 13, 2005
The proposed facilities will also serve a public purpose by providing safety and educationfif1~ 143
to the County's citizens.
9. Deed Restrictions: The County is legally precluded from enforcing deed restrictions,
however, many communities have adopted such restrictions. You may wish to contact the
civic or property owners association in the area for which this use is being requested in order
to ascertain whether or not the request is affected by existing deed restrictions.
10. Previous land use petitions on the subject property: To your lmowledge, has a public
hearing been held on this property within the last year? If so, what was the nature of that
hearing? N/A
11. Additional Submittal requirements: In addition to this completed application, the following
shall be submitted in order for your application to be deemed sufficient, unless otherwise
waived during the pre-application meeting.
a . A copy of the pre-application meeting notes;
b. If this rezone is being requested for a specific use, provide twenty (20) copies (this
includes: HUl if affordable housing, Joyce Ernst, if residential and Immokalee/Water
Sewer District, if in Immokalee) of a 24" x 36" conceptual site plan [and one reduced 8W'
x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting
the following [Additional copies of the plan may be requested upon completion of staff
evaluation for distribution to the Board and various advisory boards such as the
Environmental Advisory Board (EAB), or CCPC];
. all existing and proposed structures and the dimensions thereof,
. provisions for existing and/or proposed ingress and egress (including pedestrian
ingress and egress to the site and the structure(s) on site),
. all existing and/or proposed parking and loading areas [include matrix indicating
required and provided parking and loading, including required parking for the
disabled],
. required yards, open space and preserve areas,
. proposed locations for utilities (as well as location of existing utility services to the
site),
. proposed and/or existing landscaping and buffering as may be required by the
County,
C. An architectural rendering of any proposed structures.
The proposed Emergency Services Complex building is included.
d. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land
Development Code (LDC) , or a request for waiver if appropriate.
Not required
e. Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within
the previous twelve months), minimum scale of one inch equals 400 feet, shall be
Auulication For Public Hearinl! For PUD Rezone 8/29/03
J:\DA TA \2003\031301RAI1 wmk\03130ESCPUDR=OIlePetiti0n200411 02.doc
Agenda Item No. 88
September 13, 2005
Page 36 of 143
submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries.
Such identification shall be consistent with Florida Department of Transportation Land
Use Cover and Forms Classification System. Additionally, a calculation of the acreage
(or square feet) of native vegetation on site, by area, and a calculation and locationCs) of
the required portion of native vegetation to be preserved (per LDC Section 3.9.5.5.4.).
Included
f. Statement of utility provisions (with all required attachments and sketches);
Included
g. A Traffic Impact Statement (TIS), unless waived at the pre-application meeting;
Included
h. A historical and archeological surveyor waiver application if property is located within
an area of historical or archaeological probability (as identified at pre-application
meeting);
Included
1. Any additional requirements as may be applicable to specific conditional uses and
identified during the pre-application meeting, including but not limited to any required
state or federal permits.
N\A
-
J. An electronic version of the POO on a disk as part of this submittal package.
Included
k. Boundary Survey, no more than six months old - LDC Section 2.7.3.1.2.(8)
Included. Boundaries of the existing PUD have not changed.
Please be advised that Section 2.7.2.3.2 (3) of the Land Development Code requires
an applicant to remove their public hearing advertising sign (s) after final action is
taken by the Board of County Commissioners. Based on the Board's fmal action on
this item, please remove all public hearing advertising sign (5) immediately.
Land Use Petition Continuance Fees:
Two days or less prior to meeting = $500
Requested at the meeting =$750 .
Additional required advertising charged in addition to continuance fees
AJJplication For Public Hearin!! For PUD Rezone 8/29/03
J:\DA TA UOO3\031301RAJ1 warIi:\03130ESCPuDRozonePetiti0n200411 02.doc
Agenda Item No, 88
September 13, 2005
Page 37 of 143
BEMBRIDGE ESC - CFPUD
Iv q:; \ AERIAL
", ,
BEMBRIDGE ESC - CFPUD
. COASTAL
ENGINEERING
."C CONSULTANTS
:;p;ml" INC,
WebSite: 'fNNI.coasl8lengfneering.com
J :\DAT AI2003\03130\RAIl work\03130AerialofSiteRevised20040916.doc
CECl Groue Servtces
CIvil Eng_nng
Planning SeMen
Survey & Mapping
COBstBI Engineering
Real Estate ~
Subject Property Location Map
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Agenda Item No. 88
September 13, 2005
Page 38 of 143
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Agenda Item No. 88
September 13, 2005
PUD REZONE APPLICA nON Page 39 of 143
SUBMITTAL CHECKLIST
TIDS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICA TION PACKET!
REQUIREMENTS #OF NOT
COPIES REQUIRED REQUIRED
1. Completed ApplicationJPUD documents 24* ~
2. Copy of Deed(s) and list identifying Owner(s) and all Partners 2* ~
if a Corporation
3. Completed Owner/Agent Affidavit, Notarized 2* ~
4. Pre-application notes/minutes 24* ~
5. Conceptual Site Plans 24* ~
6. Environmental Impact Statement - (EIS) 4 ./
7. Aerial Photograph - (with habitat areas identified) 5* ./
8. Completed Utility Provisions Statement (with required 4 ~
attachments and sketches)
9. Traffic Impact Statement - (TIS) 7 ~
10. Historical & Archaeological Surveyor Waiver Application 4 ~
11. Copies of State and/or Federal Permits 4 ~
12. Architectural Rendering of Proposed Structure(s) 4 ./
13. [dApplication Fee - "PUD Rezone" = $10,000 + $25 per acre Internal
DComprehensive Planning Consistency Review = $2,250 Transfer
D Application Fee - "PUD to PUD Rezone" = $8000
Fire Code Review = $150
EIS Review = $1600
Check shall be made payable to:
Collier County Board of Commissioners
14. An electronic copy of all plans and documents on a disk as 1 ~
part of the submittal packet.
15. Affordable Housing Density Bonus Agreement including all 4 ~
Appendices and Exhibits.
16. Boundary Survey (no more than 6 months old) 5 ./
17. Letter of no objection from the United States Postal Service 1 ./
18. OTHER REQUIREMENTS:
· Documents required for Long-Range Planning Review.l additional copy if for affordable housing
Ai; the authorized agent/applicant for this petition, I attest thatall of the information indicated on this checklist is included
in this submittal package. I derstand that failure to include all necessary submittal information may result in the delay
of proc=mg till. p' "tio /iJ
c~L/I~j/01
I Date #
ADDlication For Public Rearm!! For PUD Rezone 8/29/03
I:\DA TA \2003\1l3130\RAIlwmk\ll3130ESCPUDR=cPetiti0D20041102.cIoc
ttE-SUBMITT AL
PUDZ-A2004-AR_5998
PROJECT #19990090
DATE: 12/1/04
KAY DESELEM
~ - ----- ---- -
Agenda Item No, 88
September 13, 2005
1tE-SUBMITTAL Page 40 of 143
PUDZ-A2004-AR-5998
PROJECT #19990090
DATE: 12/1/04
KAY DESELEM
AFFIDA VlT
We/I, being first duly sworn, depose and
say thafwe!l a . are the owners 'if the property described herein and which is the subject matter
of the proposed hearing; that all the answers to the questions in this application, including the
disclosure of interest information, all sketches, data, and other supplementary matter attached to
and made a part of this application, are honest and true to the best of our knowledge and belief
Well understand that the information requested on this application must be complete and
accurate and that the content of this form, whether computer generated or County printed shall
not be altered. Public hearings will not be advertised until this application is deemed complete,
and all required information has been submitted.
As property owner We/lfurther authorize Coastal Engineering Consultants. Inc.: Harvard Jolly
Clees Toppe Architects. P.A. AlA: TKW Consulting Engineers. Inc.: and Barany Schmitt
Summers Weaver & Partners. Inc. to act as our/my representative in any matters regarding this
Petition.
~r
Signature of Property Owner
Typed or Printed Name of Owner
5/~ ~/
Typed or Printed Name of Owner
acknowledged before me this A day of'i)~
who is personally known to me or has produced
as i entification.
State of Florida
County of Col .
~
ature of Notary Public - State of
Fl~. .
. ~..A- S at t:.!<-.sJ ~
(print, Type, or Stamp Commissioned
Name of Notary Public)
RE~CCAS, EP.1CKSq~
My COlT' '" r <p. 2/7'6;'C'5
~... \.lD 004830
~1(nooj/ft'110tMr1.D.
I . . .
J:\DAT A \2003\03130\RAIl work\03130AffidavitFonn200411 09,doc
RE_SUBMITTA~genda Item No-:-81:r----
P(ij)~A2004-AFP-~~ber13,2005
PROJECT #19990090~age 41 of 143
DATE: 12/1/04
KAY DESELEM
AFFIDAVIT
WelL being first duly sworn, depose and
say thatiwelI a are the owners 'if the property described herein and which is the subject matter
of the proposed hearing; that all the answers to the questions in this application, including the
disclosure of interest information, all sketches. data, and other supplementary matter attached to
and made a part of this application, are honest and true to the best of our knowledge and belief
Well understand that the information. requested on this application must be complete and
accurate and that the content of this form, whether computer generated or County printed shall
not be altered. Public hearings will not be advertised until this application is deemed complete,
and all required information has been submitted.
As property owner Wellfurther authorize Coastal Engineering Consultants. Inc.: Harvard Jolly
Clees Toppe Architects. P.A. AIA: TKW Consulting Enlrineers. Inc.: and Baranv Schmitt
Summers Weaver & Partners. Inc. to act as ourlmy representative in any matters regarding this
Petition.
Signature of Property Owner
~
Typed or Printed Name of Owner
~41 ~/
Typed or Printed Name of Owner
The foregoing i
20ll::? by
s acknowledged before me this A day of'J)~
who is personally known to me or has produced
as i entification.
State of Florida
County of Col'
V"~
ture of Notary Public - State of
Fl~
'- J. :t'/ -A S a/q'(J'cJ ~
(print, Type, or Stamp Commissioned
Name of Notary Public)
( RIT.;::CCA s. ER1CKSQ~
~ ~ '>'?'6;'C5
,\~ My Coil'''' , ,p. --
~;,. [;D 004830
t(noIl1lr II 0\Ilef 1.0.
. t ,
J:\DA T A \2003\03130\RAIl worlc\03130AffidavitForm20041109,doc
....\.~:#f-
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September 13, 2005
2578594 OR: 2628 pG'~9Jm143
RlCORDED in OFFICIAL RBCORDS of COLLI!l CODIfY, lL
01/07/2000 at 09:37AK DiIGBT J. BRaCt, CL!Rl
CORS 3110000.0C
REC 19B 10.50
DOC-.70 22190.00
1 ~,
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Roetzel II Andrea
l~ gd Prnfeuional Aaaoc:iati on
, 8S0 Part Shore Drive
'duon centre, Third Floo.
Naplell, FL 34103
Retn:
ROITZEL , ARDRISS
850 PARI SHORI Dl 3RD FLOOR
HAPLIS FL 3UD3
KE-SUBMITT AL
PUDZ-A2004-AR-S998
PROJECT #19990090
DATE: 12/1104
KAY DESELEM
wARRANTY DEED
TIllS WARRANTY DEED. is made this~day of January. 2000, between Royce O. Stal1in~,
Jr. aka Ro)'Ce 0, Stallings, as Trustee of the Royce O. Stallings Revocable Trust dated July 30, 1990.
Grantor. whose post omce addrt"ss'is 1806 Mariner Drive. Tarpon Springs, r:L 34689, and the District
School Board of Collier County, Florida. Grantee. whose post office address is do Collier County Public
Schools, 371 0 r..~t('y Avenuc, Naples,.Ft 34104.
The Grantor, inconsideration of the sum of TEN AND NO/I 00 DOLLARS (510.00) and other
good and valuable considerations to said Grantor in hand paid by the Grantee, the receipt of which is
hereby acknowledged, have granted, bargained and sold to lhe said Grantee and Grantee's successors and
assigns forever, the following described property, situated, lying and being in Collier County. Florida, Lo wit:
All that part of Section 4; Township 50 South, Range 26 East, Collier County,
Florida, being more particularly described as follows:
The Northwest one-quarter (1/4) of the Southwest one-quarter (1/..) of said Section
-4 less and except the following:
The Westerly 60 feet of the Northwest om~.quartcr (II,,) of the
Southwest one-quarter (1/4) of said Section, and
The East 40 feet of the West 100 feet of the North 300 feet of the
South one-half (112) of the Northwest one-quarter (11,,) of the
Southwest one-quarter (Vol) of said Section, and
The South 30 feet of the Southwest one-quar'ter (II,,) of the
Northwest onc-quarter (II.!) of the Southwest one-quarter (1/4) of said
Section 4 less the Westerly 100 feet.
Tax folio Number: 00399840007
Grantee Tax ID #:
SUBJEcr TO: (a) rcal property ad valorem taxes acC'ruing subsequentlo Dec.ember 31. 1999; (b)
zoning. building code and other use restrictions impo5rd by governmental authority; (c) outstanding oil,
gas and mincriU interest of record, if any; \\;t!1out right of surface' entry and (d) restrictions and casements
common to the subdivision,
Warranty Deed
Slallings. Tru:;\oe 10 School Board of Collier County
Page No.1 of 2
':~~~_==~~,__.~ A><~J.[.....~.Itl.Jl,.J. 1._iIlLA.~
.. September 13, 2005
p.~ 43.of.143
*** OR: 2628 PG: 34JJ txx
Grantor warrants that the property is not the homestead of Gra.ntor or Grllntor's family alld that
such property is currently being useu for commt'rcial and agricultural purposes.
And said Grantor docs herehy fully Wllrrllnt the titlc \0 said property. and will dcfend the same
against the lawful daims of all persons whomsoevcr.
iN WITNFSS WIIEIUDF, Gr;mtur has t'xcmtcd and ddiwrcd this warranty d('t~d tht' day ami Yt'ar
first ahove "Tit ten,
Signcd. scaled and delivered
;'. ou, P""ci
[f!,. "',1 I~ -- <P -c:
'it 1 ~ Signalurr-
(]~~ 'I< t.:~ !.:~ z,
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[..,it 'Ii" I i r ; t ~ '\""Yl
Wllness 2 .. Printed Same .
c"- .
cn")c, ," () 1 \ OJ
STATE OF Fl.ORlDA
COUN"TY OF~ \!: 'r~ \\~ .....,
~
The foregoing Warranty Deed was llcknowlcdged before me on this ~ day of January, 2000, by
Royce O. Stallings, as Trustec of the Royce O. Stallings RCVO\S' Trust datt'd July 30, 1990. ___")
, \ ~ C/-/.../
''t:, UrYvJ1-- TY1 .Yc,.-,.-
Notary Public.. Signature
(NOlllr)' Seal)
-~
"'-"" bEMETR10S M. Sf'mtlL105 J
4>~""':~" MY COM\o\~<;SlC)N , CC 00215B
:.: \4i . ........PfS. "'~ 211. 2000
;,.,~ :::, ...." ~n
'~/l .. -r.,~"I BcndId'TtIU IIalZlY p,jlIlc =
.......,.-
t'Olary Public.. Printed Ka.me
Commission No.
Commi~~ion Expinlion:
PERSONAll.YKNO\'vN1-..,...OR PRODUCED IDENTIFICATION_
TYPE m- IDENTIFICA TinN PRODUCED:
111is Instmm("nl Prt'parcd by
Linda. C. Brinkman, F.squirt'
r ..ooDi.F.ITE. COLE~ '\: & I DllS!:OS. P.A
400 I Tamiami Trail North, Suite 300
Naples. F1. 34103
F"LCll.CWSEC(J,\! >r...WNC Df.fl)
Warranty Deed
Slallings. Trustee 10 School Boa,d or Collier County
Page No. ~ of 2
g'ook 2814 - Page 848
l
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PROJECT:EMS Site - Santa Barbara
PARCEL: part of 00399840007
2785687 OR: 2814 PG: 0848
UCDJIlU iJJ DlPlCIAl mom of cou,m CllllITl, fL
14/261200] at 82: l6P! DllliIrf 1. BlaC[, CLIU
ClIU maul
ue P1l u.sc
CllPIrS 1,00
let.J:
OlL mum
Il'f 19J\
una aRm
SPECIAL WARRANTY DEED
THIS SPECIAL WARRANTY DEED made this ~ day of
A-p,...i/ ,2001. by the DISTRICT SCHOOL BOARD OF COWER
COUNlY. FLORIDA. (hereinafter singularly or conectively called the Grantor), to
COWER COUNTY. a polltl~ subdivision of the State of RorIda, its stieOeSsors and
assigns, whose post-office address is 3301 Tamiami TI'8l1 East. Naples. Rorlda 34112
(henmafteroalled the Grantee),
(Wherever used herein the terms "Grantor" and -Srantf:le- include aD the parlles to
this instrument and their respective hairs. legal representatives. successors and
assigns,)
WITNESSETH: That the Grantor. for and in consideration of the sum of Ten
0011ars ($1Q.oo) and other valuable consideration, receipt whereof is hereby
acknowledged, hereby grants, bargains, sells, aliens, remigeS, releases" conveys and
confilm~ umo the Gl'8J1tee, an that c:ertaln land situate in CoifleT' Cotmty, Florida, to wit
See attached Exhibit "'A. Which is
incorporated herein by reference.
SUbject to easements, restri...'1ions, and reseMltions of record,
THIS IS NOT HOMESTEAD PROPERTY,
TOGETHER with aU the tenements, hereditaments and appurtel"lances thereto
belonging or in anywise appertaining.
TO HAVE Af.'JD TO HOLD the same in fee simple forever.
AND the Grantor hereby covenan1s with said Grantee that the Grantor is lawfully
seized of said land in fee simple; thai: the Grantor has good ripht and lawful authority to
sell end convey said land; that the Grantor hereby fully walTants the title to said land
and will defend the same against the lawful claims of all ;:3erson$ whomsoever; and that
said land is free of aD encumbrances except as noted above.
THIS COMytYMC! t.CetPTED ., 1'HE
~~~ ~ =::IOItERS.
I"UItSUMT TO ~ .
DATm: 9uJ.../{'" iTat JIl). //"'{r" )I.l.)
Agenda .ltem,.NQ._8S f 1
September 1S~5 0
Page 44 of 143
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Agenda Ite
OR: 2814 PG: OB49September
Page
IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents
the day and year first above written.
WITNESSES:
IlOP-)./ J) (0,JrzUJ . J
(Signature) -
J)ori, )Jt.. (]ro l(I(Y
(Print Name)
~~.~~
(Signature)
ViI+hle.t". Y1 ,cr::z,r/~
(Print Name)
ATTEST:
~ Ii. di.
Superintendent of Schools and
Ex-Officio Secretary
D,.., f)a:n lJJ. Wh;+e
(Print Name)
DISTRICT SCHOOL BOARD OF
COLLIER COUNTY. FLORIDA
THE SCHOOL BOARD OF COLLIER
COUNTY. FLORIDA
BY:~~
N GOODNI HT, Chainnan
STATE OF Flor-: &.0-
COUNTY OF C{\ U I ~,..
The foregoing Special Warranty Deed was acknowledged before me this ~
day of A p"') I , 2001 by Anne Goodnight, as Chairman ofThe School Board
of Collier County, Florida, on behalf of the District School Board Of Collier County,
Florida,~nally known to ~or who has produced [type
of identification) as identification.
WITNESS my hand and official seal this ,q1h- day of Ap'" i { ,2001.
(affix notarial seal)
1~1)~ Shanln (1,00/ --
f'i ;r. MY COMMlSSlON I ctrl7D4a tam
llt~,~, . June 74 zoo.c
""I: """"'lHIO_ 'MtIllUWla; IC
Jd1~,- t-f( )6J~
(Signature of Notaty Pu!:>Jic) .
, SHARON K LEAl
, (Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:(if any) ~ C! Q2:1ot{f/
My Commission Expires: :.ru" e. :2..</, :Lc>ot./
I
~pprott;l:o:t 1~~;~
Assistant Count] Attorne] .
OR: 2814 PG: 085~~~t~d~~~
Page
PUBLIC WORKS ENGINEERINq DEPARTMENT
3301 nAST TAM1~~ TRAlL NAPLBS, FLORIDA 34111
(941) 774-8192
PROJRCT NOH
pA.RCnL NO,..
LEGAL DESCRIPTION (NOT A SURV~Y)
PDtJO NO_
EXHIBIT I' A.
Paoe_:.ui::i::
COMMENCING AT'mB SOUTHWBS1' CORNER. OF SBCTION 04. TOWNSHIP SO SOtrrR, ltANcis 26 BAST,
COI..L.lBR COUNTY, FLORIDAj TImNCB NORTIi 0 DBORBBS 1.c MINUl1!.S 52 SECONDS WEST A.LONG
nm WBST UNB OF 8A.ID SRClJON 4, A. DlSTANCU OF 139H2 PBBTi 'mBNCB NORTH 19 DBORBBS .c3
MINtTI'BS 01 sncol'/Ds BAST, A DIBT ANCU OP liO.OO PERT TO '1'lm ponn: OF I1EGINNINGi mBNCB
NORTH 0 DBGRBBS U MINUT.BS ~2 SSCONDS WBST. A DISTAJ-lCB OF 397.7li FRETj TImHCE NORm 89
DBORBBS 40 M1Nlm!S o),snCONDS BAST, A DISTANCE OF 40.00 FEETj nlBNCE HOlTH 0 DRClllBBS 14
MINtrrBS .S2 SBCONDS WEST. A DISTANCB 0]11 04.87 ~BRTi TIIIINCE NORTH III DBORBBS 43 MINUI'BB
01 anCONDS nABT. A DISTANCB OP 608.21 FSETj TImNCB soum 0 DBCllWlB 14 M1NUTIlB S2 SRCONDS
'RABT, A DISTANCU OF 502.67 FImTj 'I'HBNCB SOunt III DBCJR.BBS 43 MlNUTBS DB SBCONDS WEST, A
DISTANCB OF 50.PS FBRTj TIIBNCB NORTH 0 DBGRmlB II MINtTrnS 01 BlICONDS WEST, A. DISTANCE
OF 30.00 FRETj THENCE BOU1l1 III DBCUtEBS 43 MINUTBB 08 SBCONDII WRST, A DISTANCB OP S57,211
FRETj TImNCB SDtmi 0 D1l0RBBS 104 MlNt.TI'BB 52 SBCONDB EABT. A DISTANCB OF 30.00 FEB1';
nmNCB SOUTH III DBC3RmlS 043 MIHUTI!S 01 SBCONDBWBBT, A DISTANCB OF .cO.DO FBIn' TO 'l'HB
POINT OF BEGINNING; SAID DBSCRlBIID 'TRACT CONTAININO 7.000 A.ClUlS (304.~20 ~QUARE PBBT).
MORE OR LBS!!. '
,:.
PREPARED By..~t!?/!5..v......DATE.(.~6.~.
,,?tS;RGE R. RICHMOND
PROFESSIONAL LAND SURVEYOR.FL REG. # 2406
PUBLIC WORKS ENGINEERING DEPARTMENT, .
COLLIER COUNTY GOVERNMENT COMPLEX
3301 EABTTAMIAMI TRAIL
NAPLES, FLORIDA 34112 SHEET 1 OF 2
Dl.Ta '
SHEET 2 OF 2
J
1
*u OR' 2814 PG' OB51 ~dalt
, . Septembe
PUBLIC WORKS ENGINEERING DEPARTMENT age
3301 E.ASTTAMIAMl TRAIL NAPLES, FLORIDA 34112
(941) 774.8192
I
I-
SKETCH OF DESCRIPTION
NOT A SURVEY
EXHIBIT .:.L
PI~ ~.......J-
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-In
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~:~
~.C.C.I.W.CO~
iC.~
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GENERAL NOTES
11 P.C.C.. POINT OF COMMENCEMENT
2) P.o.8.. POINT OF BEGINNING
ZI BEC. . BECTlON
~l1"Wl'.. TOWNSHIP
, 6) RaE. . !\lING!:
5) RNJ. RIGHT OF WAY
1) M.l. OlaTANC~D AREi IN FEET AND OECIIMJ..1l THEREOF
D) NDTVAUD UNLESS SIGNED AND SEALED WITH THE
EMBosseD ilEAL OF A PROFESSIONAlI.AND SURVEYOR
NOT TO BCALE
OCTOBER 31, 2000
,
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Agenda Ite
2923264 OR: 2970 PG: 34i,ptembe
mOlDED In OlllCIlt OCOIDS of COLLm coum, lL Page
11/21/2002 at 01: IIPM DYIGBT I. BlDet, mil
em mm.oo
uc m IS.ill
cams 3.10
PROJECT: Santa Barbara/62081
PARCEL~ School Board - Pond
leto:
un PROum
lIT illS
IRTIl OPlIa
SPECIAL WARRANTY DEED
1~
THIS SPECIAL WARRANTY DEED made this ~ day of
\);, " ",\." r . 20.2.l, by the DISTRICT SCHOOL BOARD OF COLLIER
COUNTY, FLORIDA, whose post,office address is 3710 Estey Avenue, Naples, Florida
34104, (hereinafter referred to as "Grantor"). 10 COLLIER COUNTY, a political subdivision
of the State of Florida, its successors and assigns, whose post-ofrice address is 3301
Tamiami Trail East, Naples, Florida 34112 (hereinafter referred 10 as uGrantee"),
,I
(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, reservations of record and taxes for the year
2001 and subsequent years.
THIS IS NOT HOMESTEAD PROPERTY.
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 Granlor is lawfully
seized of said land in ree simple; that the Grantor has good right and lawful authority to
sell and convey said land; that the Grantor hereby fully warrants the tille 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 noled above.
THIS COffYE't'ANCE ACCEP'lU I'f THE
a.OARl) OF ~ ttmclW'"
COllaR COUI!Tl _IOIERS.
~ TO i.iJ.~OIUDA.
DATEDI \2.- \\- t:: I rTn:t~. \ raCe,) \ \
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OR: 2970 PG: 3420
IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents
the day and year first above written.
1
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WITNESSES:
-, , )
(L..U t1 ,'t-I.t)]...'--
(Signature) ,
. '1
/.)LILf.l hl/l~l
(Print Name) ,
'(' . t
A _('~,u-:? Aj.-u~
(Signature)
7') , (I
I' ('(' J .JC.Qj(~(-,
(Print Name)
ATTEST: '
...",...,
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Superin endenl of Schools and
Ex-Officio Secretary
i).1 /'f tv. f~! ..1-e
(Print Name)
DISTRICT SCHOOL BOARD OF COLLIER
COUNTY, FLORIDA
THE SCHOOL BOARD OF COLLIER
COUNTY. FLORIDA
BY: rP4~~
ANNE GOOD IGHT, Madame Chairman
STATE OF F7 01'-; db..
COUNTYOF ("II,~r
The foregoing Special Warranty Deed was acknowledged before me this I q 1J. day
of Ped''''hn- ,20QL by Anne Goodnight, as Madame Chair of The School Board of
Collier County, Florida. on behalf of the Dislrict School Board Of Collier County. Florida,
who is personally kno~~~. or who has produced [type of
identification] as identmcation,
WITNESS my hand and official seal this I Cj'I1I day of 7),''-, . 20Q,1.
~:
(aflix notarial seal)
,.~.;;;,,;,~ SilcIoo tool
i'/ ',,\ MY COMMISSiON' crn7lll8 rnm
",' ".f;J June?~ 700~
~~4" k'JtCDI D tHiU JtCl fU( 1n\IUJ'Q.1C.
./dt~~,t1-'t ~/L L* .~<<i:...
(Signature of Notary Public)
,......; H. /1 (!r'!\J i:.: LEA ~-
(Print Name 01 Notary Public)
NOTARY PUBLIC
SeriaVCommission #: Q.(l '1 '2 7 Oyr,'
My Commission Expires: (", ,'J."I -[Ie{
~pprr1~SJ.~ fO? & /. e, ~If.n~~~n~
\ ~ss istant t;-nLJ Attorne,y
8B1
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Pa
:(
TRANSPORTATION ENGINEERING DEPARTMENT
'.
,
3:101 EM'!' TAMIAMI TRAIL NAPLES, PLORIDA :14112
(91\ I) 774.8192
SKETCH OF DESCRIPTION
NOT ^ SURVEY
101 .~'l(.'5rf:
(~I.OO' ~D 00'
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l.EC:l^1. 1>E!:CIUI'TION
('O"''''I,N(''' AT TIlE wl:n QIIA~1'r:R l"tJltNI'R OF SECiIOr< 4, TOWN51l11' ~n ~OIlTII;MNOID6: 1:^5T
1'I11.111'R ('OWH\', FI.ORIDA. 1111:N("I: N R9'~I.'~7' H c.o 00 Fmn T11111lll'l1INT (If fI1:OIl/NINII: TIII:N(11
r'm~lINlm 1'1 1""(,'57'1: ~o no FI:I!1: 1'111:101('1, 51lO'In2'I: 120 llll F1mr: 1111:r<"r: N 19")(0',\7" I: )n).47
n,ET: Tllm'lIT::; llI1"UII'12" f: 773 4R FEFT, """Ncn 5 RlT'4,1!1R" II' .111I) 17 1'I:lIT: 1ImNc:r: 101 11/l'14'~2' IV
IQ~ 1.\ 1'1'1:1.1111:101(''':; R'I'.OllJ" IV ~o.on HI;!: 1111:"<'1: N 0'14'52' \\' 1oQ77(, I''''if 10 TIll' "OIN1'OI' IlHlUNNIN(1.
l'IINr,~ltlNINII ~ "ll Nll1'S MORIH)R 11~;5,
EXHIBIT -L
P&ge -L-of-L-
GENERAL NOTES
1) i>,O,C" POINT OF COMMF.NCr:MENl
~I P,O,B . POltH OF BEGlNNlIIG
J) SEe, . SECTION
4) TWP.. TOWNSIiIP
5) RGE. . RANGE
6) RNI = RIGHT OF WA.Y
)) ^LL OIST ^NCES "'RE IN FEET Nm DEClloI^LS THEREOF
8) NOT VALID UNLESS SIGNED AND SEALED WITH THE
EMBOSSED SEAL OF ^ PROFESSIONAl LAND SURVEYOR
PREPARED BY: U
~:fiJt1'~~".____~~}.~_L._
~RGE R. RICHMOND P.L.S. 2406
COLLIER COUNTY PUBLIC. WORKS
3301 E. TAMIAMI TRAIL
NAPLES, FLORIDA 3~ i 12
DRAWN D'I'
SHEET 1 OF 1
DAtE
FilE I/O
NOT TO SCALE
OCTOBER 9, 2001
SBseD
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Agenda Item No. 8B
September 13, 2005
Page 51 of 143
STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST
1. . NAME OF APPLICANT: Collier County Government. c/o Facilities Management Department
2. MAILING ADDRESS: 3301 Tamiami Trail East
CITY Naples
STATE Florida
ZIP 34112
3 . ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 4590 and 4600 Santa Barbara
Boulevard
4. LEGAL DESCRIPTION:
Section:
Township:
50 south
Range: 26 east
4
Lot: Block:
Subdivision:
Plat Book Page #:
00399840007
Property I,D.#: 00400246406. 00400246309, &
Metes & Bounds Description:
5. TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system):
a. COUNTY UTILITY SYSTEM tgj
b. CITY UTILITY SYSTEM D
c. FRANCmSED UTILITY SYSTEM D
PROVIDE NAME
d. PACKAGE TREATMENT PLANT D
(GPD capacity)
e. SEPTIC SYSTEM D
6. TYPE OF WATER SERVICE TO BE PROVIDED:
a. COUNTY UTILITY SYSTEM tgj
b. CITY UTILITY SYSTEM D
c. FRANCmSED UTILITY SYSTEM D
PROVIDE NAME
d, PRIVATE SYSTEM (WELL) 0
RE-SUBMInAL
PUDZ-A2004-AR_5998
PROJECT #19990090
DATE: 1211104
](A Y DESELEM
Annlication For Public Bearinl! For POO Rezone 8/29103
]:\DA TA\2003\ll313O\RAJ 1-..orlo:103130ESCPUDR=moPetitiOll20041] 02.doc
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7. TOTAL POPULATION TO BE SERVED: 12
Agenda Item No. 88
September 13, 2005
Page 52 of 143
B. PEAK AND AVERAGE DAILY DEMANDS:
A. WATER-PEAK 4.05621ld=2,8gpm AVERAGE DAILY 2.704gpd=1.87gpm
B. SEWER-PEAK 2.747gpd=1.9gpm AVERAGE DAILY 2.113gpd=1.46lq>m
9. IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL
WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE
REQUIRED: 9-1-03
10. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic
drawing of sewage treatment process to be used as well as a specific statement regarding the
method of affluent and sludge disposal. If percolation ponds are to be used, then percolation
data and soil involved shall be provided from tests prepared and certified by a professional
engineer,
11. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located
within the services boundaries of Collier County's utility service system, written notarized
statement shall be provided agreeing to dedicate to Collier County Utilities the water
distribution and sewage collection facilities within the project area upon completion of the
construction of these facilities in accordance with all applicable County ordinances in effect at
the at time. This statement shall also include an agreement that the applicable system
development charges and connection fees will be paid to the County Utilities Division prior to
the issuance of building permits by the County. If applicable, the statement shall contain shall.
contain an agreement to dedicate the appropriate utility easements for serving the water and
sewer systems.
12. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless
waived or otherwise provided for at the pre-application meeting, if the project is to receive
sewer or potable water services from any provider other than the County, a statement from
that provider indicating that there is adequate capacity to serve the project shall be provided,
Utllity Provision Statement RJM l0/17~7
ADnlication For Public Hearin!! For PUD Rezone 8/29/03
1:\DATA\2003\031301RAI1 wort\03130ESCPtlDR=mePelitiDD20041102.doo
Agenda Item No. 8B
September 13, 2005
Page 53 of 143
LEGAL DESCRIPTION
ALL THAT PART OF SECTION 4, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA, BEING MORE P ARTICULARL Y DESCRIBED AS FOLLOWS:
THE NORTHWEST ONE-QUARTER (114) OF THE SOUTHWEST ONE-QUARTER (114) OF
SAID SECTION 4 LESS AND EXCEPT THE FOLLOWING:
THE WESTERLY 60.00 FEET OF SAID NORTHWEST ONE-QUARTER (114) OF THE
SOUTHWEST ONE-QUARTER (114) AS RECORDED IN OFFICIAL RECORDS BOOK 1141
PAGE 1114;
AND
THE EAST 40.00 FEET OF THE WEST 100,00 FEET OF THE NORTH 300,00 FEET OF THE
SOUTH ONE-HALF (112) OF SAID NORTHWEST ONE-QUARTER (114) OF THE SOlJTH\VEST
ONE-QUARTER (1/4) AS RECORDED IN OFFICIAL RECORD BOOK 1573 PAGES 1127 AND
1128;
AND
THE SOUTH 30.00 FEET OF THE SolJTHWEST ONE-QUARTER (114) OF THE NORTHWEST
ONE-QUARTER (114) OF THE SOUTHWEST ONE-QUARTER (114) OF SAID SECTION 4
LESS THE WESTERLY 100,00 FEET AS RECORDED IN OFFICIAL RECORDS BOOK 1071
PAGES 600 AND 601;
CONTAINING 39.59 ACRES OF LAND MORE OR LESS:
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD:
Apollcation For Public Ream!! For POO Rezone 8/29f03
J:'>DA TA \2003\03 \30\RAI lworl:\03130ESCPUDR=nePditiDll2OO4 I I 02,doc
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2931 Michigan Avenue
Fort Myers, Florida 33916
Phone 941-334-8828
@C;9mcast
Agenda Item No. 88
September 13, 2005
Page 54 of 143
December 13, 2002
Coastal Engineering Consultants Inc
cia Michael Stephenson
3 106 S Horseshoe Dr
Naples, FL 34104
Re: Coilier County EMS Station No. 19
4600 Santa Barbara BI
CEe File No. 02.319
Utility Availability
Dear t\.fichael Stephenson,
Corncast can provide br.oadband services to the above referenced property upon the
Execution of a Cost of Construction Agreement. Please contact Ms. Chrisann Folk,
Commercial Development Manager, at (239)-732-3843 for details.
I f I can be of any additional assistance to you regarding this project, please do not
hesitate to call me at (239) 732-3805.
Sincerely,
)n~~
Mark Cook
Design Coordinator
Copy: Chrisann Folk, Commercial Development Manager, Corncast
-"--
Agenda Item No, 88
September 13, 2005
Page 55 of 143
GOLDEN GATE FIRE CONTROL & RESCUE DISTP' ~
-
4741 GOLDEN GATE PARKWAY. NAPLES, FLORIDA 34116-6901
(239) 455-2121 · FAX (239) 455-7917
December 12, 2002
Michael Stephenson
Project Construction Manager
Coastal Engineering Consultants Inc,
3106S, Horseshoe Drive
Naples, FL 34104
Subject: Fire Service Availability
Dear Mr. Stephenson:
This letter is to confirm that the Golden Gate Fire Control and Rescue District Currently
provides protection and will continue to provide fIre protection and rescue services, for
the East side of Santa Barbara Blvd. ';.4 miles north of Davis Blvd. near Calusa Park
Elementaiy School.
If you have any questions, please free to contact me at (941) 455-2121.
Sincere~y, ____ //. / /'
4t/t2(/;/~
Williani T. Silvester
Fire Marshal
C:\My Documents\Project Jetters\EMS SationtCoastal12-09-02,doc
Agenda Item No. 88
September 13, 2005
Page 56 of 143
.
t=1='L.
4105 15th Avenue S.W.
Naples, FL, 34116
FAX 353-6082
COAST.o\1. eN(;l'N==I'\I(~~
CONSULTANTS, INC.
AF.CFIVED
DEe 1 1 2002
~y;~,. -.. - ~ I>..,
December 9.2002
Coastal Engineering Consultants
3106 Horseshoe Drive
Naples, Fl., 34104
Attn::Mr, Michael Stephenson
To Whom It May Concern:
FPL will furnish electric service upon request to Collier County EMS Station No.19,
Electric service will be supplied by FPL to the customer, based on terms and conditions
outlined in the. General Rules and Regulations for Electric Service as approved by the
Florida Public Service Commission,
Please provide the final site plan, site survey and electrical load data as soon as possible
so the necessary engineering can begin,
Early contact with FPL is essential so that resources may be scheduled to facilitate
availability of service when required,
If you have any questions, please do not hesitate to contact me at 239-353-6047,
J.:I:~&
J.W. White
Construction Services Representative
an FPL Group Company
Agenda Item No, 8B
September 13, 2005
Page 57 of 143
~ Sprint
Box 2469
\:lplcs. FI. }lllJh. z-;(i9
December 4, 2002
Mr. Michael Stephenson
Coastal Engineering Consultants, Inc.
3106 S. Horseshoe Dr.
Naples, Florida, 34104
RE: Availability of Service I Collier County EMS Station No, 19
SEC 4, TWP 50S, RNG 26E - Collier County, FL
Dear Mr. Stephenson:
In response to your letter dated November 25, 2002, Sprint-Florida, Inc. will provide telephone service, upon
request. to Collier County EMS Station No. 19, located at 4600 Santa Barbara Boulevard in Naples, Florida.
Telephone service will be provided based on the rules and regulations covered in our Local and General
Exchange Tariff, approved and on file with the Florida Public Service Commission.
In order for us to meet your service expectations and provide for the timely installation of access facilities, we need
your cooperation on the following items:
1. Sufficient utility easements, as agreed to by Sprint-Florida, Inc., for construction of communication facilities
must be recorded either through incorporation with the recorded plat of Collier County EMS Station No. 19, or
in a manner as may be recorded in the Public Records of Collier County, Florida. A minimum 10' wide utility
easement along the cable route to be provided by developer and a 40' X 40' easement may be required for
switching equipment.
2. Provide a full set of construction plans and diskette (DGN format or AUTOCAD) fumished to us at the same
time as plans are sent to Florida Power & light Company.
3. All utility easements, rights-of-way, roadways, etc., over which communications construction is necessary
must be within six inches of final grade, clear of debris and lot lines properly staked and identified prior to
communication facility construction. NOTE: Staking to include grade elevation.
4. Clearing, grading and staking is to be maintained by the developer during Sprint's construction activity.
5. Deviations to our standard construction procedures from the above, resulting in additional expense to Sprint-
Florida, lnc" either during or after communication facility construction, will be appropriately billed to and bome
by the developer.
6. Road crossings provided and placed by developer at locations indicated by a Sprint-Florida. Inc.
representative. Sprint-Florida, Inc. will provide markers.
7. Sprint-Florida. Inc. shall not be responsible for seeding/mulching disturbed areas of the utility easements.
8. Notify Sprint engineering a minimum of 90 days in advance when telephone service will be required within
this area.
J
Agenda Item No, 88
September 13, 2005
Page 58 of 143
December 4, 2002
Page 2
Mr. Michael Stephenson
'RE: Availability of Service / Collier County EMS Station No. 19
The following criteria must also be met for any multi-family or commercial building:
1. A 4' x 8' x OX' plywood terminal board must be securely attached for mounting of telephone hardware.
2. Entrance conduit to be run from the property comer or utility easement into the mechanical room with no more
than one gO-degree sweeps. Size and location to be determined by a Sprint-Florida, Inc. representative.
3. Access to the power ground (MGN) within five feet of our terminal or placement of a No.6 Insulated copper
ground wire.
4. A single run conduit (3/4 inch suggested) or access route from each unit to the location of the telephone
termination point.
5. .conduit and equipment room to be completed 30 days prior to Certificate of Occupancy date.
These requirements are necessary due to the tremendous growth within our serving area and Sprint/Florida's use
of advance technology. Failure to comply with the above mentioned could result in service delays to this
development.
Please sign and date the acknowledgments provided below and return it in the self addressed stamped envelope
included. If you should require additional information, please contact me at (239) 263-6234.
G~'D~
Gary Dawson
Network Engineer I - E&C
GD/jw
I hereby acknowledge receipt of this letter and agree with the provisions contained
herein.
Date
Title
;}
Agenda Item No, 88
September 13, 2005
Page 59 of 143
,:f'
COLLIER COUNTY GOVERNMENT
December 30, 2002
3301 E. TAMIAMI TRAIL
NAPLES, FL 34112
(941) 732-2575
FAX: (941) 732-2526
PUBLIC UTILITIES DIVISION
Michael Stephenson
Coastal Engineering Consultants, Inc.
3106 S. Horseshoe Drive
Naples, FL 34104
Re: Collier County EMS Station No. 19
Water and Wastewater Availability
Dear Mr. Stephenson:
Water and sewer service is available for the above referenced project via existing lines
along Santa Barbara Blvd.
If this proj ect is not to provide the required Collier County Utility Easements (CUEs), all
sewer facilities shall be owned and maintained by the owner, his successors or assigns, If
,this project is to provide the required CUEs, all sewer facilities shall be owned and
maintained by Collier County Public Utilities.
All on site water facilities constructed within any multi-family tracts, clubhouse tracts~
commercial tracts and common areas shall be owned and maintained by the owner, his
successors, or assigns. This project shall be equipped with a master meter and
appropriate backflow device. All water and sewer within this project shall be owned and
maintained by the owner, his successors or assigns.
Tie-in to water and sewer lines shall be made after submission and approval of the
hydraulic calculations by Engineering Review Services, showing that the downstream
systems are adequate to handle the increase in flow.
The District will be making phased expansions to the water supply, treatment and
transmission facilities and sewage transmission, treatment and disposal facilities servicing
the area in question and other areas of the County, based on demands within the system
and other binding commitments. These expansions should provide sufficient capacity to
supply the referenced property's anticipated potable water and sewage treatment and
disposal demands and the remainder of the District's committed capacity. However, no
guarantee can be issued that other developments throughout the District will
G:/E.ngim,ering TechlAvail.bi1ityIAvailability Letter
Agenda Item No. 8B
September 13, 2005
Page 60 of 143
Michael Stephenson
December 30,2002
Page 2
not have an impact on the quantity of potable water and sewage treatment and disposal
capacity available to this property until each phase has received a commitment for
servIce.
Connections are also subject to the availability of water and sewer capacity at the time
formal application is received, Should water supply or sewage treatment and disposal
capacity not be available, the Developer would be required to provide an interim means
of water supply and treatment and sewage treatment and disposal until the District's
facilities have the adequate capacity to serve the project.
Please note that any and all improvements that you construct must be in accordance with
all applicable ordinances and policies, including the payment of impact fees,
Should you have any further questions, please feel free to contact me at (239) 732-2575.
Sincerely,
C\ ~~q~
Jacque~ohnson
Engineering Technician
cc: Diane Deoss, Revenue Supervisor
Heather Sweet, Revenue Supervisor
. Wes Hill, Engineering Review Services
G:IEngineering TechlAvailabilil)'IAvailabllilY Letter
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Agenda Item No. 88
September 13, 2005
Page 61 of 143
WAST!! MANAGJiME,
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January 28. 2003
Mr. :Michael Stephenson
Project Construction Manager
Coastal Engineering Consultants, Inc.
J 106 Horseshoe Drive
Naples, FL 34104
Dear Michael:
As per your request this letter is to confirm that Waste Management will provide solid
waste coUection services at the location noted in YOUT correspondence dated 11125/02.
(Copy a.ttached) Our collection service is offered according to the ten:ns and condhions of
Collier County's Solid Waste Collection Service Agreement with Waste Management of
Florida, Inc.) as amended most recently on June 12,2001,
Should any questions arise, feel free to contact us at any time.
Sincerely,
-L..,' (!D~ ~ '
Joe Coradetti
Oistrict Manager
Waste Management of'Collier County
Agenda Item No. 88
September 13, 2005
Page 62 of 143
TOWER DESCRIPTION
The 200' monopole communications tower was chosen based on performance and needs
criteria given to us by John Daly and Dan Summers, The tower provides support for
multiple radio, video, and communications systems necessary for an Emergency Services
Complex to stay online and operating during the most intense of natural disasters (i.e.
hurricanes, flooding, etc,), The complex would provide a central hub for disaster relief
and serve as a constant communication point for all state, county, and local emergency
operations. Some of the offices inside the facility include Emergency Operations, EMS,
911 Call Center, Police, and Traffic Operations, In the wake of recent events, no one can
doubt the need for a centralized, reliable, redundant, and hardened facility from which all
government operations can continue to operate. Such a facility will ensure the safety and
well being of Collier County citizens,
The monopole was originally a tri-Ieg tower but for aesthetics a monopole was the final
design chosen. Additionally there was a savings of approximately $350,000 or more by
switching to the monopole. After careful review of tower construction firms, a candidate
was chosen based on their experience in the South Florida area and their manufacturing
capabilities. The tower is designed to withstand hurricane force winds of approximately
150 mph continuous and 175 mph burst.
The radio communications systems include government and amateur radio and satellite
links. Government radio (800 MHz) includes county wide Police, 911, Fire, EMS, and
other government institutions, It is a simulcast system which links county wide to other
existing radio systems and can also be linked into. a statewide radio system, The
government radio system installation at the BOC facility is completely stand alone and
not dependant on another system for full operation, as such, in the event of a failure of
other systems, this site will remain operational, Mr, John Daly has responsibility for
interfacing the system with the county's existing equipment and has more information
about its operation, The amateur radio operations, guided by Mr. Dan Summers, are
supported by multiple HAM operators that operate in conjunction with the EOC. Often
in time of disaster with landline and cellular communications down, HAM radio
operators have been key in passing disaster relief requests to/from remote areas. The
amateur radio systems shall cover multiple key frequency bands, provide data/packet
radio communications, and maintain a satellite link to FEMA. Furthermore, HAM
operators will have access to VMS, Coast Guard, and weather radio signals, All of these
communications systems require a solid structure to mount to and well above ground for
proper operation and sight lines.
The tower also has two video cameras with pan, tilt, and zoom capabilities to survey the
surrounding areas and see over the horizon. These images are piped back into the EOC
where they are displayed on the video wall or even broadcast back out the news crew
feed. Support systems are in place for news crews to set up remote broadcasting directly
from the BOC for press conferences and important emergency announcements,
J:\DA T A\2003\03130\RAIl work\03130TowerDescription200411 03 ,doc
RE-SUBMITT AL
PUDZ-A2004.AR-5998
PROJECT #19990090
DATE: 12/1104
KAY DESELEM
Agenda Item No. 88
September 13, 2005
Page 63 of 143
Considerations were made to coat the tower in a rubberized coating to simulate a tree, but
further studies show that this would have a total negative effect on the tower and skyline.
Furthermore, the coating and simulated branches are not designed to survive the
previously stated speeds and could become projectiles, hence that idea was dropped. The
tower can be coated (at additional expense and yearly maintenance) to blend it into the
background of the sky plus the antenna mounts will be difficult to see from the ground,
Currently, this tower will have less of a sky outline than your typical cellular tower,
Any other questions can be directed to Mr, Summers or Mr. Daly for their respective
systems.
J:\DA T A \2003\03130\RA1l workl03 1 30TowerDescription20041 1 03,doc
RE-SUBMITrAL
PUDZ-A2004-AR_S998
PROJECf #19990090
DATE: 12/1104
KAy DESELEM
Agenda Item No. 8B
September 13, 2005
Page 64 of 143
..,.,-
COLLIER COUNTY
APPLICATION FOR WAIVER OF HISTORIC AND
ARCHAEOLOGICAL SURVEY AND ASSESSMENT
PROJECT NAME :Collier County Board of County Commissioners, c/o Facilities Management Dept.
DATE: April 17,2003
LOCATION (COMMON DESCRIPTION):
Collier County EMS Station No. 19, Santa Barbara Boulevard, Naples, Collier County, Florida;
Bembridg:e PUD - east side of Santa Barbara, north of Davis Boulevard.
SUMMARY OF WAIVER REQUEST:
Land is alreadv approved for residential PUD. Previous analysis yielded no historical or archaeological
sites.
SECTION ONE:
APPLICANT AND PROPERTY OWNERSHIP DATE
Name of applicant(s) (if other than property owner, state relationship such as option holder, contract
purchaser, lessee, trustee, etc.): Collier County Board of County Commissioners, c/o Facilities
Management Department
Mailing Address: 3301 East Tamiami Trail, Building W, Naples, Florida 34112
Phone: (239 ) 774-8380 FAX: ( 239 ) 793-3795
Name of agent(s) for applicant, if any: Vincent A. Cautero, AICP, Coastal Engineering Consultants,
Inc.
Mailing Address: 3106 South Horseshoe Drive
Naples, FL 34104
Phone: (239) 643-2324
Fax: (239) 643-1143
Email: vcautero(ii)cecitlcom
Page 1 of 4
:..
Agenda Item No, 8B
September 13, 2005
Page 65 of 143
C. Name of owner(s) of property, if different than applicant:
Mailing Address:
Phone: (
)
FAX: (
)
Note: If names in answers to A and/or B are different than name in C, notarized letter(s) of authorization
from property owner(s) (C) must be attached.
SECTION TWO:
SUBJECT PROPERTY DATA
A. Legal description of subject property. Answer only 1 or 2, as applicable.
1. Within platted subdivision, recorded in official Plat Books of Collier County.
Subdivision Name:
Plat Book
Page
Unit
Block
Lot
Section
Township
Range
Note: Attach copy of the plat book page (obtainable from Clerk's Office at the original scale)
with subject property clearly marked.
2. If not in platted subdivision, a complete legal description must be attached which is
sufficiently detailed so as to locate said property on County maps or aerial photographs. The
legal description must include the Section, Township and Range. If the applicant includes
multiple contiguous parcels, the legal description may describe the perimeter boundary of the
total area, and need not describe each individual parcel, except where different zoning requests
are made on individual parcels. A boundary sketch is also required. Collier County has the
right to reject any legal description which is not sufficiently detailed so as to locate said
property, and may require a certified surveyor boundary sketch to be submitted.
B. Property dimensions
Area: 318,871 square feet, or
7.3
acres
Width along roadway: 928.38 square feet
Depth: : 343.47 square feet
C. Present use of property: Vacant
D. Present zoning classification:
PUD
SECTION THREE:
WAIVER CRITERIAIW AIVER REQUEST
Page 2 of 4
Agenda Item No. 88
September 13, 2005
Page 66 of 143
A. Properties located within an area of Historical/Archaeological Probability with low potential for
historicaJ/archaeological sites may petition the Community Development and Environmental Services
Administrator or his designee to waive the requirement for an Historical/Archaeological Survey and
Assessment. The Community Development and Environmental Services Administrator or his
designee shall review and act upon the waiver request within five (5) working days of receiving the
application. The waiver request shall adequately demonstrate that the area has low potential for
historical/archaeological sites. Justification shall include, but not limited to the following:
1. Aerial Photograph
2. Historical land use description
3. Description of land cover, land formation and vegetation
The Community Development and Environmental Services Administrator or his designee may deny a
waiver, grant the waiver, or grant the waiver with conditions, The decision of the Community
Development and Environmental Services Administrator or his designee regarding the waiver request
shall be provided to the applicant in writing. In the event of a denial of the waiver request, written
notice shall be provided stating the reasons for such denial. Any party aggrieved by a decision of the
Community Development and Environmental Services Administrator or his designee regarding a
waiver request may appeal to the Preservation Board. Any party aggrieved by a decision of the
Preservation Board regarding a waiver request may appeal that decision to the Board of County
Commissioners utilizing the procedure outlined in Section 2.2.25.11.
B. Waiver Request Justification
l. Interpretation of Aerial Photograph: Land is vacant. Property is adiacant to school site and
residential property.
2. Historical Land Use Description: Historically used for agriculture.
3. Land, cover, formation and vegetation description: Overgrown with Melaleuca and Brazilian
Pepper.
4. Other:
This provision is to cover instances in which it is obvious that any archaeological or historic resources
which may have existed has been destroyed. Examples would be evidence that a major building has been
constructed on the site or that an area has been excavated as a quarry. The Community Development and
Environmental Services Administrator may seek counsel of the Chairman of the Historic/Archaeological
Preservation Board when it is not completely evident that the site is without archaeological or historic
value.
Page 3 of 4
Agenda Item No. 8B
September 13, 2005
Page 67 of 143
SECTION FOUR:
CERTIFICATION
A. The applicant shall be responsible for the accuracy and completeness of this application. Any time
delays or additional expenses necessitated due to the submittal of inaccurate or incomplete
information shall be the responsibility of the applicant.
B. All information submitted with the application becomes a part of the public record and shall be a
permanent part of the file.
C. All attachments and exhibits submitted shall be of a size that will fit or conveniently fold to fit into a
legal size (8 W' X 14") folder.
~d-~
Signature of Applicant or Agent
011 cf/i T It c:; .;f ~ 0
Printed Name of Applicant or Agent
**TO BE COMPLETED BY THE COMMUNITY DEVELOPMENT SERVICES DIVISION **
NOTICE OF DECISION
SECTION FIVE:
A. The Community Development and Environmental Services Administrator or his designee has made
the following determination:
1. Approved on:
2. Approved with Conditions on~
3. Denied on:
(see attachment)
(see attachment)
Page 4 of 4
Agenda Item No. 88
September 13, 2005
Page 68 of 143
Narrative offield observations
RE: Collier County EMS Station No, 19
4600 Santa Barbara Boulevard
Section 4, Township 50, Range 26
CEC File No. 02.319
From Collier County aerial maps taken January, 2002, it appears that this property was
until recently, planted with row crops like tomatoes, Currently, the land is becoming
overgrown with Melaleuca and Brazilian Pepper. While most of the plants are young ( 10'
tall or less), they are growing thickly together with some taller trees of 15' or more
.._' ~".- ...'.-
a
8" sign near SW corner of property
~
Berms and swales for row crops in forground
- ',-
Looking East and South - Mature trees in back are beyond property boundary
Agenda Item No. 88
September 13, 2005
Page 69 of 143
Near Northwest edge of property - New grade school in Background
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Northwest corner- Old Construction entrance - possibly for the new Grade Sehool in background
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Age~ Ite;r, No. 88
September 13, 2005
Page 70 of 143
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COWER COUN1Y EMERGENCY MANAGEMENT
5301 I&Sl. Tlmiaml TrfIi1. Naples, PloIIds ~12. (239) 774-8444. Fn (259) 775-S008
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RE-SUBMIrrAL
PUDZ-A2004-AR_5998
PROJECT #19990090
DA TE: 12/1104
KA Y DESELEM
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PAGE B2
Agenda Item No. 88
S~tf:1r 13, 2005
Page 71 of 143
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.. t1~_IJlI!Z~QII OP :BO D.UJU) ':0 a.n. DnCi&'aQJI' U
':he Pe~ual Avh.tiQD Admi.n1atration to cClIIlpleted 1m a~&~~ica1. Ji~ucly uM.er
the p~ovbiQ:c.. of U '0',6,(%,. Sed;:l.OD 44718 cu:d, 1.f appl!cal>le, 'Iit.1e 14 of tbe
eooc Q! ll'ada!l'&2, n=~;l.tilc=o, pert 77, =n\:8~~ J
Ant.ecna '!'oWs!:'
2au>Io~. n.
26-9-44 N).%) 83
81-4;)-2
200 'feel: ilbove' ~~ 1..,al [AQI,)
~~4 tee!:: ahOVe raee sea level (MSI.)
'Ih1s aucmauU.ca~ study nVaUed thil~ ';he .t1:'Uatura doe&;, Dot ~ceea cbstru=~iQJ:l.
sean~ ~ wgu1.d' not be .. hazard eo air ua'Vi!i&tioa. p%O'II'ided t:he follO'lliDg
cond.iHo=.[aJ, 1f oUl.y. i. (_r.) 1IIa~:
S1;n=ure l1'fPe:
~Qcal:!.e.!:l;
Lati t'ude r
Lon9'itu~~r
Beig-htl! :
':I'O COQr41natll frequency _~Lvat;'iOl1 aD4 yuUy":hat. :10 lnte--ferem:el is ~
~Q nA faciliti.s, pr;i,Ql: to beginning rm.y transmias10n from ~ lIli.te you flG18t:.
o~~ta~t vIRCa ~!v.lL! AT 813-~43-S8l'.
Based an tb11i &va.luatLQr:l. markixlg ;md llgb.ting are tlOt'. ~eI!Ill~ ~ot' ~atiOD
st.fe.t~. ~ver. U lllU)dng and/or: l:f.gh~ing an. NSQotl'()llehed 0:1 & volUQta.ry
tlarr1:a, W$ reo~(1 ~te taG 1nsr;a11ed aDd aw!.u~II.i.h.c1 La .tJCJUl.~. llflWs ..~
M'riliCry OirO\1t:.r 70/?4GO-1 AC '7017460-1X Oumga L
~aia d.e~tiQ~ expl~ Qn lD/2,{2005 ~~81
r~) ~tAnd8d. ~sed Dr ~erminated P.1 the i.8~ office.
~) th. CtlD$t%UCdOl1 i. -u,bjll-':t:. tQ the li~iDg authcrit:y of
the l'edara1 Comr;lllJX)~oal:1ocs CaDmiasion frcc) acd an
a,ppl1clI.l:.lan ~or a c::cn.aw:ciou AltulIllL. be>> bt:l:U !.Ul!:d , u
requincl by t~ reo. within 5 monUs of die date o~ 'this
detenl1n"'t~on. In auch cue, z:h& de~=:minat1QID explna'~
the date prescribed l::lY' the PCC 'tCl:' oQtTlPl~e!OA of .
cccstruc:tiot1, or t.he c!lzlte th6 FCC ~~5.ea t:Jz. applicati=.
llO'ri; 1U:2OEST POll a'r25itQll[ 07 ~ unerIVE PERIOD Oil' TaIS DB'rIlJM!N~ON
Mi1ST BE POSt'!Wl.Xl!D 01 C:ElLIV"GREl) 'IO 'l'1IIS a.-FlCE AT LSM'f' :!oS DAYS PR'IOa TO 'I'RB
,EXP!RA'ttOIl t>An.
'!"his 4e:~~tion is based, :UJ put. on t.ba f=-iDing- ~C:':lEl~i~ which
inclUdes .~eific eOO%dina'l:ea~ b.e.t;h~5, f~Qt[iu) ~ pawn', ky c:1a=gCIlI
in coo:'lUnktes. be1.g'huz. oI!.!ld tft~i.. c=:o UIM of ,.z:eater pCW8=- ...ill. vaid. ~lI:
d...~e~D.lu~i.cm. My tu't:\l%'O OO!!.D~Cf;.iOIl or al~e:a~OD. i:I.c1ud.ag :!.=oraa.llI. to
ht:.ight., power, Qr 'tb.. add.it:.i.CIIo1 Q: Q~ner tranSl!lit:te:-s, r=ql:irI!!B Jlepara te no~i;e
l'agc 1.
e5l8G/20B4 16:19
84/28/26&4 22;eS
7755Bae
52!
COI..LIER CO 8<1
FAA
A~~rfH-Jo. 88
September 13, 2005
Page 72 of 143
. .. ....
to Qe FM. 'V 1...J
nu. dete::Nnat.i.QQ dc=a icol\lde 1:ellp.O:rcy eotmb;ugl::1= ~p=t Such as c::meJr,
I!c:rieks, $tc.. 1o/bich _yo b'lII UIIe4 ciu::iag a.c:rt:uaL CQa8t:nc::U= of the .t~lU:'e.
HQWnu, thh eq\.1ipunt _;1.1 DOt:. exeee4 "a CV~rall lI.e~ght, U lZIc!1catel1 -.bove.
BQui~: Wl:ic:h ba.a a k,~ga&' gr..t:er tbp t:.he IItuc!iRc:I >>t;~"lU~tu:'. require.
s*t>8~_U ~l)ti~4P to t.~" 1'lU..
'%'Ai. dete%:ll:lbaes.=. ClODOern.l Qa .~:.Q~ of Ch:LII st:ruC~ on ~he ...=e a:a4
cUid.~ \Ul6 Cl~ A&vi~... ~".p_o ~ 1L!.rc:ra:!~ Cl%Id ~o =O~ n1.Le".. t:.blll ap0J:l.802:
Cl:: cClftlplune~ :eeapcmsUls.li~iGI re1at:l.=9 ~ any laW', Cl:'dwnt.:!e, Q%" :regUlati<m oS!
any Pedczo&1, &I:at<e, c:I,... 10c:a1 S'ove%U1!le::u: bo~y.
A ==1!Y of ~. d.&tGmLut:1z:m W.I.;U be forw.ar4e12 to t21e J'erJeru O=mmmic::atlcma
~..:i.oc if t;ha ~'"'QR~ 1. l\I1)'IeClt to their U=eI:W1ng auUc:1.:y.
If we CllUl ~ Qf ~ .....ictanes, Plea.. C1011t&Qfo I:l\Z;'" offi.Cl'lI at. (.4.0~aClS-!!8'.
On aqr fU1:~ =etl!~Upoad.De. C!CI:l:le'*at1Z1O' tl1,js lIlott't''''1'', pJ.A;aAR rRfIt%' 1:0
~ut:1c:a.l Study ZfUmbe:r 20 o.4-ASO-7 9S -Oll.
.1SD&~ ~:col .0. 31217S-~721a.
ee88% %. j;lerez
Spec:i-.2iRt: '
A.t:taohme.nt ee,
I'~cy tlat:a
CDn>
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(i)
PRE-APPLICATION MEETING NOTES
Agenda Item No. 8B
September 13, 2005
Page 73 of 143
o PUD Rezone 0 pun to POO Rezone
Date:!!J.::Z1(03 Time:Bi2U Firm: V, t\1cE-
Project Name: ~cS. F"t1 C!.ll Jt:.y
Applicant Name: V, t'\Jt'.1Z' ~u..+~ Phone:
Owner Name: ("' t'::) l h,~ ~ In.
-
Owner Address: :s.'Zl)l \t\\'^ \ P..Ml ~\.E. Phone:
Meeting Attendees: Planner: '\<0 \:)l~\ t/\~\.{GUt
S+F-.\Ir:=;..5~( C I1f?OI!~~ V-PAVI?p\
6t';;JJe. L~Nh~~~ A\~ at\.~t
~~"B~~ .
CQ tk~p
b43 - ;2..~
~~I M(N~
.' ~.d~~..n,
. ..
Submittal Requirements (refer to application for additional requirements)
24, Copies of the following:
i Completed Application
Pre-application Meeting Notes
Conceptual Site Plan 24X 36" and One 8 Yz X 11" copy
!Sa PUD docwncnt and Master Plan
,2Copies of the following: ,
;. Deeds/Legals & Survey (if boundary of original PUD is amended)
List identifying Owner & all parties of corporation
Owner/Agent Affidavit signed & notarized
~ ' Completed Addressing Checklist
~ Copies of the following: '
o Environmental Impact Statement (EIS) or waiver
~ Historical Surveyor waiver request
~ Utility Provisions Statement w/sketches
'~ Architectural rendering of proposed structures
:8L Survey, signed & sealed
g
~
J&
RE-SUBMITT AL
PUDZ-A2004-AR-S998
PROJECT #19990090
DATE: 12/1/04
KA Y DESELEM
Seven (7) Traffic Impact Statement (TIS) or waiver
Five (5) copies of Recent Aerial Photograph (with habitat areas defmed) min scaled 1" = 400'
One (1) Electronic version ofPUD document in Word format
Fees:
Application Fee:~$5,OOO + $25 per acre* Data Conversion: 0 $25
~ $3,000 amendment Data Conversion: 0 $15
~
$150.00 Fire Code Review
$300.00 Pre-application fee (to be credited toward application fee upon submittal).
$1600.00 Environmental Impact Statement review fee
Fee Total $
*Property Owner Notifications: $1,00 Non-certified; $3.00 Certified return receipt mail
(to be paid after receipt of invoice from Planning Department)
\',
Meeting Notes
~=r>"P"[+,J,'v,.,. $"..{ ~"o-il-.r~low ~~~ ~ ,:..J1..
~Q'. ~~~ Ncd-FQ~M~'
Agenda Item No. 88
September 13, 2005
Page 74 of 143
tro..x. s: p 0 r...(. J en... .I'
G:\Current\Pre-App forms\PUD pre-app.doc
Revised March 28, 2003
a9/14/2~a3 19:18 6595724
~EP 11 2D03 213SPH TKW E"GINEERS
ADDRESSING
2392780322
Agenda It~~o,Bffi3
September 1;3. €005
Page 7:5 of 143
ADDRESSING CHBcnISr
Please com.pleIetbe following m4 submit to the Addrasing Section for Riview. ~ot all ;&!ms wiD anolvtQ
every proiect. hem. in ~d tv_ Il"C required. '
1, Lecal dmripdoa of aubject ~ or propmiea (cop)I if ~ tl&rCrlptfrm lIIl1]1 lI, attsclte4)
See AttJc.hed Po..,..{ ("-I --A ~, "D ' /- .; (J - ~ t:::. . .
2. Jolio(heport)' ID) .1I~)Orlbo've (attDdt 1(1, orG$l(leiQ"with, lqal dacrlptirm I/mo,."hrJft OM)
004002.5309 .
3. Street &&ft.1 fIr lIddrc:I5al (ar appliOtlblfJ, if aJruzdy d$IPsd)
NJA
4, tocatio1ll_,. sbbwinl exld ~ ofprujeeVaitei%l relation to lIerreat public roadrlpt-of:.way (arra:A)
5, Copy oinrvey (NEEDBD ONLY FOR UNPLATI'BI> PROPER11BS) " .
6. Ptop05ed project nmae (if applicable)
-
7. ProposelS Street DUDel fjf applictlbls)
-~/A
8. Slte Dcvc.lopaalt P1aD tfumbcr (FOa BXISnNO PllOJECTSISlT8S ONLY)
SPf .
~, Petltioa Type _ (Complete. tep...tc AcldraSing Cbeck1ilt fat each PetiCion 'I')'pe)
1:81 SDP (Sitc,Dovelopmeot Plan) 0 PPL <plaaI & P18t Review)
B SDP A (SDP AmCDdJnen1) ~ PSP (preliminary Subdivision Plat)
. SDPI (SOP IJIIubltatltiaJ Cblllgc)' FP (pinal Plat)
~ SlP (Site fmprov~eot Plm) 1LA (Lot Line Adjustmcn1)
SIP A (m Amendment) ~ BL (B11IIting hrmit) .
SNR{Strcct NllDlc Change) ROW (RiJht-ot~W ay Permit)
VcptatianlExotic (VeJ. Removal PemU1s) EXP (B.xcavarlon Permit)
8l !.IDe! O.e Petition (Vllrianee. CODditicmaJ UIe, 0 VltSPP (Veg. Removal Ii. Site Pill Permit)
13081 Dock. BXLt RcT.ODI;, PUD mxmc. ~c:.)
o OthC'Z. Dt!I:ribe; ~u'I:::> A
1 0, Proj~ arcl:vc1ap.lJ1cnt rmncs prop~ for, at alrcad.y ap,pcsriDg ia, condominium do=ummtl (if
applicable; indicate wbetber tJl"OpoIett or existiGg)
11, Please Check One: . 0 CbeckJia\ is 11) be Faxed Back n PmoNdly Picked Up
11. App1ient NUM Collier CcrunlV, Jd Croaale l'hoae 239-774-13&0 Fax 239-793-3.72;
13, Signatmc em Add.r8uiDl Q]ecklilt does no<< coDltitut= Project and/or Street Name appnml me! is Sllbject to
fUrthm review by the AddreA1nc Seletion.
-
FOR STAJI'I' USE ONLY
Primar)'Numb<< ~~Ig:2.
Address Numba
Add.resa Number '
Addresl NumbCJ: Approved by .....Jlr"l ;'\ 'J A rY'\ on m D.w: _ q - 11- 0 ~ .
~d 3-11.01
Agenda Item No, 88
September 13, 2005
Page 76 of 143
Eo-e-.,_ ~/2.t- ~/? gp~//~_. ..
- ,.-- '-.. .... _. ...." . '" "r - _ .. ".
, JC7 #~ rt28';7'...Cokk/.be CC7VrV'??: .....z; T 7Y2 - J::-S-Y /
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~,p.~"1\J. ~~..~ ~~7~~,.. '. !~,i'--'E?"'h~..1,...")07::
..J~ CtP.J'C~"H .'.., 1J..;cr _~C1f1,~~~, ?'Z7- '85 l:,- {.~,/
, ,.~~e2..8C?~ t".\,J:~( A~treGTS ~"J'l'-:2IS~,..J'77~
,.. .. "J'4c.. W!L~Im..\$ '" , . . ,I II ...,._. ,.1,'.. " .. ,... r~
Om '. l~.. E.,~(.)rfa1.'" ,CC TD/(,.....,.,.., , "'0 , ". 235 - Zi;5 ,5&50
.0. D~,_M~ ' '. ,~_..:,.:;"o.~_.:..1t..,~,',..,.;tJ,.. . ;ett,-U_(i,;f 1'.t,~;J.,.,.-I.. " ,,"'711~.~':. ;'i7",...-_.,'_.~
~,tEl/I{iJ!.,.l..;;A/IIiIf' Iftl ~dL' . ~ "
,.. '.' 5C<;.-f,~Of"';~. If:: t.y,,+;'4=-, ..,.."...... '.'" ...,. :2. /'ir.~_1.1'7 "2", .
~/.NA- . LJ~ t?4-. ~,EJt. Cerwvrl!kaf?bJr ~I"-\S _ fi;:EA. 572;1 ,
.... ...,. "'p cE...., t~.,.., _, c.. a ~ ir~...e.. G1. S .th,~~.. ~ ltJ v:d ...~.3c? T-
.- -. .,.,--',., ,1'" <.M~.-~_o])~A. - i'2,~ ..~,1),'~~.t7, ~~i~ -- 0" , , ~c;, ~ D~- . '" ,?, ?/--p--:$'c9.t:>.
ry r\ ~u.lN . .C,(li<<G. -C:~ , 2.15- ~9i-3
':1jt;!f;:;~t~w: . /:, i:(~o.T<c:!:.!p I.."~ :~, 77~~ ~"C~3 U
~~~a~../' -. .~. ~40-'$>- 2:.4<1t:,l I
I
j
I
1 ..
I
I
COASTAL
E'NGINEERING
CONSULTANTS
INC,
Agend~9M~~B~~e~g
SeQtemb~}v~~enng
SUP@J'~rg~ ~ping
Environmental Services
Real Estate Appraisr'
Planning Service
MEMORANDUM
TO:
FROM:
Collier County Environmental Services Department
Vincent A. Cantero, AICP
DATE:
May 21, 2004
SUBJECT:
Bembridge EOC - CFPUD - Environmental Analysis
CEC FILE NO.: 03,130
Attached is a memorandum from Steve Lenberger, Environmental Specialist. to then
Principal Planner Bryan Milk, which stipulates certain environmental conditions for the
Bembridge PUD where Bembridge EOC - CFPUD will be located. Inasmuch as the
environmental analysis has been conducted, we request that the formal EIS requirement
be waived and that the conditions placed upon the owners of the Bembridge PUD be
reiterated at both the Planning Commission and the Board of County Commissioners'
hearings.
J:\DATA\2003\03130\03130MEMO to cc en" Sri'S - pud.doc
RE-SUBMITf AL
PUDZ-A2004-AR-5998
PROJECf #19990090
DATE: 12/1104
KAY DESELEM
" '
Agenda Item No. 88
September 13, 2005
Page 78 of 143
PLANNING SERVICES DEPARTMENT
CURRENT PLANNING SECTION
:MEMORANDU!Vf
TO: Bryan Milk
Principal Planner
FROM: Stephen Lenberger V
Environmental Spe~list II
DATE: November 10, 1997
RE: PUD-96-12 (3rd Revision)
Bembridge PUD
xx Approved subject to the following stipulations:
1. Replace section 2,2(A) of the PUD document with the following stipulation:
,
Regulations for development ofBembridge shall be in accordance with the contents of
this document, PUD-Planned Unit Development District and other applicable sections
3lld parts of the Collier County Land Development Code and Growth Management Plan
in effect at the time of issuance of any development to which said regulations relate
which authorizes the construction of improvements, such as but not limited to Final
Subdivision Plat, Final Site Development Plan, Excavation Permit and Preliminary Work
Authorization. Where these regulations fail to provide development standards then the
provisions of the most similar district in the County Land Development Code shall apply.
2, Add the following stipulations to the PUD document:
An appropriate portion of native vegetation shall be retained on site as required in section
3.9.5.5.4.CCLDC.
An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site,
with emphasis on areas of retained native vegetation. shall be submitted to Current
Planning environmental staff for review and approval prior to final site plan Iconstruction
plan approval.
, i-
,-..
(C
Agenda Item No, 88
September 13, 2005
Page 79 of 143
NEIGHBORHOOD INFORMATION
MEETING (N.I.M.)
DATE: 8/10/04
TIME: 5:30 P.M.
LOCA TION: Collier County Domestic Animal Services
Facility Conference Room, 7610 Davis Blvd., Naples, FL
SUBJECT: Bembridge PUDZ-A-2004-AR-5998
*IN AN EFFORT TO CONTINUELY IMPROVE UPON THE PUBLIC
NOTIFICATION PROCESS, PLEASE INDICATE NUMBER: HOW WERE
YOU INFORMED OF TODAY'S MEETING?
1. Mailing
2. Newspaper ad
3. Other
Surve #
~ ~~b.5
~
1&
'-~A..aU ~lH-{NS -Oil)
~e L&c:.v
T :;/"1 AS" ?v-I-Itfl:
() <;uJv?
~&Zl
770 I ()c ,,;4 ~ /1'"
CC ';:/-7.s
) ,n" 1
-:
~!
COASTAL
ENGINEERING
CONSULTANTS
INC
Agenda Item No, 88
Septe mbce,.J, ~r2Q.Cl,;lrvlces
PaYtJ 1m u'j''fzf'5!
Civil Engineering
Planning Services
Survey & Mapping
Coastal Engineering
Real Estate Appraisal
Webslfe: www.coastalen~ineering.com
A CECI GROUP COMPANY
September 2, 2004
Ms, Kay Deselem
Principal Planner
Collier County Government
Zoning and Land Development Review Department
Community Development & Environmental Services Division
2800 N. Horseshoe Drive
Naples, FL 34104
RE: Neighborhood Information Meeting (NIM) Commitments and Audio Tape _
Bembridge ESC CFPun AR-5998
CEC File No. 03.130
Dear Ms. Deselem:
I am in receipt of the draft commitments submitted to us by Linda Bedtelyon that were discussed
at the Neighborhood Information Meeting conducted on August 10,2004, We have reviewed
them and offer some clarifications below,
1, "The complex buildings will be 117 -120,000 square feet"
Clarification: The Emergency Services Building will be 117 - 120,000 square feet. Also
included in the PUD is EMS Station #19 which is an additional 5,000 square Teet. EMS
Station #19 was previously approved under a Site Development Plan.
2. "Building height up to four stories"
Clarification,' The building is projected for up to five stories, However, current building
plans call for a four story building, The Comty wishes to maintain the option to build an
additional story.
3. "No outside training"
Clarification: No training will be conducted outside during normal business hours.
Please update your records to reflect the changes to the commitments made at the NIM. Also
included in this submittal is the audio tape of the meeting.
3106 $, Horseshoe Drive, Naples, Florida 34104 . Phone (239) 643-2324 Fax (239) 643-1143 . E-Mail: engcollier@cecifl.com
SERVING FLORIDA SINCE 1977
Agenda Item No. 8B
COASTAL ENGINEERIWtl~f'~\l~~~~~NC.
1
Ms. Kay Deselem
September 2, 2004
Page 2
If you have any questions, please do not hesitate to contact me at (239) 643-2324 x120 or
vcauterora2cecifl.com.
Sincerely,
COASTAL ENGJNE~ANTS' INC.
~1i:A1CP
Vice President
Planning Services
Enclosure - As noted
cc: Dan Summers, Collier County Emergency Mgmt. Dept.
Jack Crognale, Collier County Facility Mgmt. Dept.
Jim Von Rinteln, Collier County Emergency Mgmt. Dept.
Linda Bedtelyon, Collier County Community Planning Coordinator
Dan Johnson, TKW
Blayne Rose, Harvard Jolly
Marvin Scharf, Scharf & Associates, Inc,
Don Murray, Coastal Engineering Consultants, Inc.
J: IDaUJ\2003\0313 O\Correspondence I03130DeselemNIMcommirmentsLtr20040902,d oC
.}';'
Agenda Item No. 88
September 13, 2005
Page 82 of 143
11113 ~
.. .
E ~CA.r
fro~
TRAFFIC IMPACT STATEMENT
FOR
COLLIER COUNTY EOC
(PROJECT NO. 040324)
" PREPARED BY:
Metro Transportation Group, Inc.
12651 McGregor Boulevard, Suite 4-403
Fort Myers, Florida 33919-4489
239-278-3090
April 15, 2004
punZ-A 2004-AR-5998
Project # 19990090
Bembridge EOC pun
June 14, 2004
Agenda Item No, 8B
September 13, 2005
Page 83 of 143
(lll3 fi!!jJ
I. INTRODUCTION
Metro Transportation Group, Inc, (Metro) has conducted a traffic impact statement for
the proposed Collier County EOC development. The site is located on the east side of
Santa Barbara Boulevard between its intersections with Radio Road and Davis Boulevard
within Collier County, Florida. The site location is illustrated on Figure 1.
The proposed Collier County EOC development is slated to contain a 99,279 square foot
emergency operations center for Collier County. Access to the site will be provided via
two access points to Santa Barbara Boulevard.
This report examines the impact of the development on the surrounding roadways. A
methodology meeting was held over the phone with the Collier County Transportation
Planning Staff on April 13, 2004 in order to discuss the necessary analysis that will be
required as a result of the Collier County EOC development. Trip generation and
assignments to the site access drives will be completed and analysis conducted to
determine the impacts of the development on the surrounding intersections.
II. EXISTING CONDITIONS
The subject site is currently vacant. The site is bordered to the west by Santa Barbara
Boulevard, To the south, the site is bordered by vacant land, To the east of the subject
site is the existing Calusa Park Elementary School. The site access driveway for the
Calusa Park Elementary School borders the subject site to the north,
Santa Barbara Boulevard is a four-lane divided roadway that currently terminates at
Davis Boulevard to the south of the subject site. The Collier County Five Year Work
Program indicates the six-Ianing of Santa Barbara to the north of Davis Boulevard is
scheduled for construction within Fiscal Year 2005. This roadway improvement was
accounted for as a part of this analysis. The minimum Level of Service (LOS) Standard
for this roadway adjacent to the subject site is LOS "D". Santa Barbara Boulevard's
intersection with the Calusa Park Elementary School operates under signalized
conditions.
Page 1
Agenda Item No. 88
September 13, 2005
Page 84 of 143
~~
Santa Barbara Boulevard has a posted speed limit of 45 mph and is under the jurisdiction
of Collier County.
III. PROPOSED DEVELOPMENT
The proposed Site Development Plan application for the commercial development
proposed within the Collier County EOC indicates the construction of 99,279 square feet
of commercial floor area, A list of the uses allowed on the subject site upon completion
includes, but is not limited to the following:
· Emergency Services Administration Offices
· Emergency Medical Services Operations
· Emergency Management/Emergency Operation Center
· Communication Info Technology
· Information Technology Back-up for Governmental Operations
· Public Information Studio and Media Briefing Facilities
· Collier County Sheriffs Office Substation
· Collier County Sheriffs 9-1-I/Communications Center
Since this development will function as a governmental facility, it was deemed most
appropriate during the methodology discussions to calculate the trip generation of the
proposed development based on the Government Office Building Land Use, Table 1
summarizes the land use utilized for trip generation purposes for the subject
development.
Table 1
. Collier County EOC
Land Uses
LandUse '
Government Office Buildin
The proposed development will access Santa Barbara Boulevard via two full access
points. The northernmost access point will be shared with the Calusa Park Elementary
School, and it currently operates under signalized conditions.
Page 3
Agenda Item No. 88
September 13, 2005
Page 85 of 143
[liL3 [ill))
IV. TRIP GENERATION
The trip generation for the proposed development was determined by referencing the
Institute of Transportation Engineer's (ITE) report, titled Trip Generation, 7th Edition.
The trip generation of the proposed commercial development was calculated based on
Land Use Code 730 (Government Office Building), as previously discussed. Only the
P.M. peak hour trip generation is based on more than one survey for Land Use Code 730.
Table 2 outlines the anticipated weekday P.M. peak hour trip generation of the Collier
County EOC development. The trip rate for Land Use Code 730 is included within the
Appendix of this report for reference.
Table 2
Trip Generation
Collier County EOC
Land Use Weekda P.M. Peak Hour
'. ' In Out .' Total
'.
Government Office Building 35 85 120
(99.279 SQ. ft.)
v. TRIP DISTRIBUTION
The trips shown in Table 2 were then assigned to the surrounding roadway system based
on the anticipated routes the drivers will utilize to approach the site, The project
distribution for the proposed development was determined based on agreed traffic
distributions for other devel~pments in the surrounding area The resultant traffic
distribution is indicated in Figure 2. Based on the traffic distribution indicated within
Figure 2, the development traffic was distributed to the site access intersections, Figure
3 indicates the site traffic assignment based on the project traffic distribution,
In order to determine which roadway segments surrounding the site will be significantly
impacted, Table lA, contained in the Appendix, was created, This table indicates the
impact percentages on the area roadway network. According to the Significance Test
from Collier County Ordinance 3.15.6.4.3, the development traffic was compared to the
Level of Service Standard for Peak Hour - Peak Direction traffic conditions as defined by
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September 13, 2005
Page 87 of 143
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fREffi. O~. . P,M, PEAK HOUR SITE TRAFFIC ASSIGNMENT
COLLIER COUNTY EOC
. -. --.. -.
Figure 3
fffi3~
Agenda Item No. 88
September 13, 2005
Page 88 of 143
the 2003 Collier County Annual Update Inventory Report (AUIR). The Level of Service
threshold volumes were obtained from the Collier County Transportation Planning Staff
and are attached in the Appendix of this report for reference. It should be noted that
Santa Barbara Boulevard along the project frontage was analyzed as a six-lane roadway
as a result of the six-Ianing of this link with an anticipated start date within Fiscal Year
2005. For this roadway link, the Level of Service threshold volumes were taken from the
FOOT Level of Service Handbook, Table 4-7, Generalized Peak Hour Directional
Volumes for Florida's Urbanized Areas, is attached in the Appendix of this report for
reference. Table 3 indicates the adopted Level of Service Standard for the surrounding
roadways.
, . ' '.... .. . " Lirik' 'L,ev,el.of
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Roadway .- .' ; Service.
From . , To,"
. Standard'
. LOSD
Airport Pulling Rd County Barn Rd (2,430 veh)
County Barn Rd Santa Barbara Blvd LOSD
Davis Boulevard (2,400 veh)
Santa Barbara Blvd Radio Rd LOSD
( 1,090 veh)
Radio Rd Collier Blvd LOSD
(1.090 veh)
Livingston Rd Santa Barbara Blvd LOSD
Radio Road (2,030 veh)
Santa Barbara Blvd Davis Blvd LOSD
(2,120 veh)
Golden Gate Pkwy Radio Rd LOSD
Santa Barbara Blvd (2,450 veh)
Radio Rd Davis Blvd LOSD
(2,450 veh)
Table 3
Collier County EOC
Level of Service Standard
VI. FUTURE TRAFFIC CONDITIONS
It was assumed that the proposed commercial site would be completed by the year 2007,
Therefore, the future background traffic volumes were calculated by growing the AUIR's
2003 peak hour volume for the significantly impacted roadway links to 2007 traffic
conditions based on the annual growth rate determined from the most recent Collier
Page 7
Agenda Item No. 88
September 13, 2005
Page 890f 143
rtuaEi1!))
County Traffic Count Report. Table 2A in the Appendix of the report indicates the
methodology utilized to determine the 2007 peak hour, peak direction traffic volumes for
the surrounding roadways, Based on the project distribution shown in Figure 2, the link
data was analyzed for the 2007 traffic conditions both with and without the Collier
County EOC development traffic.
Table 4 indicates the percent impact to the adopted Level of Service for each link within
the study area,
mpac 0 op1e eve 0 ervlce n ar
.." . -.. Level of " Project Traffic
I I
Roadway L,ink (ID #), Service' Impac(toLtwel
....\ Standard ofServ'ice
.. . . Impact % Standard
" ...,' .:.. . ' '
W, of County Barn Rd (# 16) 3% 0.5%
Davis Blvd W, of Santa Barbara Blvd (# 17) 3% 1.1%
W. of Radio Rd (# 18) 3% 1.6%
W, of Collier Blvd (# 18) 3% 1.6%
Radio Rd W. of Santa Barbara Blvd (# 79) 3% 1.3%
E. of Santa Barbara Blvd (# 80) 3% 0.4%
N. of Radio Rd (# 86) 3% 1.7%
Santa Barbara Blvd N. of Site (# 87) 3% 1,7%
N, of Davis Blvd (# 87) 3% 0.3%
Table 4
Collier County EOC
1 t t Ad t d L I f S ' Sta d d
As can be seen from Table 4, no roadway links will be significantly impacted as
Figure 4 indicates the year 2007 peak hour - peak direction traffic volumes and Level of
Service for the significantly impacted roadway links in the study area, Noted on Figure 4
is the peak hour - peak direction volume and Level of Service of each link should no
development occur on the subject site and the peak hour - peak direction volume and
Level of Service for the weekday A.M. and P.M. peak hours with the development traffic
added to the roadways,
As a part of the analysis required within this report, intersection analysis was required at
the project access points to Santa Barbara Boulevard, In order to determine the 2007
turning movement counts at the site access intersections, the appropriate D-factor was
utilized to convert the 2007 peak hour, peak season, peak direction traffic volume into an
Page 8
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Agenda Item No. 8B
September 13, 2005
Page 91 of 143
~Iill))
off-peak traffic volume, In addition, the website for the Calusa Park Elementary School
indicates that the school serves approximately 940 students. Therefore, a P.M. peak hour
trip generation calculation was performed based on Land Use Code 520 (Elementary
School), The P.M, peak hour of the Generator was assumed as the P.M. peak hour of the
adjacent street due to the lack of data during the P.M. peak hour of the adjacent street
traffic. The school traffic was then distributed to the site access intersection based on the
distribution indicated for this project. In addition, the project traffic indicated within
Figure 3 was added to the 2007 background traffic projections in order to obtain the 2007
buildout turning movements at the area intersections, Figure 5 indicates the resultant
2007 P.M. peak hour buildout turning movements at the surrounding intersections.
VII. PROJECTED LEVEL OF SERVICE AND IMPROVEMENTS
Figure 4 details the Level of Service for all links inside the project's area of influence.
These Levels of Service were derived based on the Level of Service thresholds indicated
within the Collier County ART-PLAN 4.0 Spreadsheets and Table 4-7 of the FDOT
Level of Service Handbook as previously indicated. Table lA in the Appendix details
the calculations to determine the Level of Service on the analyzed links based on the
build-out traffic conditions of the Collier County EOC site, Access to the site is being
provided via two full access points to Santa Barbara Boulevard.
According to the information indicated within Figure 4, all roadway links significantly
impacted as a result of the proposed Collier County EOC will operate acceptably when
the development traffic is added to the surrounding roadway network. All roadway links
will maintain a Level of Service at or better than the accepted Level of Service standard
according to Collier County. Therefore, no roadway link improvements will be required
as a result of the proposed Collier County EOC.
Intersection analysis was performed at the site access intersections to Santa Barbara
Boulevard intersection. These intersections were analyzed utilizing the latest version of
the HCS2000 software, The Santa Barbara Boulevard/Calusa Park Elementary School
access currently operates under signalized conditions. Attached in the Appendix of this
Page 10
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... 000 WEEK DAY PM PEAK HOUR TRAFFIC
2007 P.M, PEAK HOUR
BUILD-OUT TURNING MOVEMENTS
Agenda Item No.8
September 13, 2005
Page 92 of 143
N
W*E
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N.T.S.
Figure 5
Agenda Item No. 8B
September 13, 2005
Page 93 of 143
(iIa~
report are the resultant HCS2000 data sheets. In order to illustrate the results of the
intersection Level of Service analyses, Table 5 was created. The Level of Service of each
intersection/intersection approach at the area intersections are shown in Table 7.
Table 5
Collier County EOC
It' LOS A I 'R It
n ersectIon nalVSIS esu S
, . 2008 Background 20~8 Build-out
Intersection Appr~ach
., Level of Service Level of Service
Santa Barbara Blvd @ Calusa Park B B
Elementary School
Santa Barbara Blvd @ Site WB -- E
Access SB left -- C
Based on the intersection analysis results indicated within Table 5, no intersection
improvements beyond turn lane modifications at the site access driveways will be
required as a result of the addition of the proposed Collier County EOC development
traffic. No intersection approach that is directly impacted by the proposed Collier County
EOC development is shown to experience an adverse impact as a result of the added
development traffic.
Turn lanes will be required as a result of the proposed Collier County EOC development.
Currently, both a 580 foot northbound right turn lane and a 580 foot southbound left turn
lane exist on Santa Barbara Boulevard at the Calusa Park Elementary School entrance,
These turn lanes will remain sufficient after the addition of the Collier County EOC
development traffic.
In addition, a southbound left turn lane will also be required on Santa Barbara Boulevard
at the southern site access driveway as a result of the proposed development traffic, This
turn lane should consist of 265 feet of total distance. In addition, a northbound right turn
lane of 240 feet in length will be required at the southern site access as a result of the
Collier County EOC development. No additional turn lane improvements will be
required as a result of the proposed Collier County EOC.
Page 12
Agenda Item No. 88
September 13, 2005
Page 94 of 143
rtua~
VIIL CONCLUSION
The proposed Collier County EOC commercial development located on the east side of
Santa Barbara Boulevard between its intersections with Radio Road and Davis Boulevard
within Collier County, Florida will not adversely impact the existing roadway network.
The surrounding roadway network was analyzed based on the projected 2007 build-out
traffic conditions,
Based on the analysis contained within this report, no roadway links are anticipated to be
significantly impacted as a result of the added commercial development traffic,
Regardless, all roadway links analyzed as a result of this report are shown to operate
under acceptable Level of Service conditions when the development traffic is added to
the roadway network,
Intersection analysis was performed as a result of this analysis. Based on the results of
the intersection analysis, no intersection improvements will be required as a result of the
addition of the development traffic. All intersections/intersection approaches that are
directly impacted by the proposed Collier County EOC are shown to operate under
acceptable Level of Service conditions when the development traffic is added,
Turn lanes are required as a result of the proposed Collier County EOC, The existing
turn lanes on Santa Barbara Boulevard at the Calusa Park Elementary School will
continue to function acceptable upon the addition of the Collier County EOC traffic. A
southbound left turn lane on Santa Barbara Boulevard of 265 feet in length is required at
the site access intersection, In addition, a northbound right turn lane of240 feet in length
is required on Santa Barbara Boulevard at the site access intersection as a result of the
added development traffic, No additional intersection improvements will be required as a
result of the proposed Collier County EOC development.
\k:\2004 \03 \24\rcport,doc
Page 13
, Facilities PlanninG' & C
5775 Osceola Trail onstructioD
Naples, FL 34109
PhoDe: (239)377-O240 'J:N~r I." "'-- \
Fn: (239) 377-0231 c.. ........
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PUDZ-A20'~ a Item No. 88
~;:SM8 13 2005
PROJECT #199900!Jf 95 ~f 143
DATE: 12/1104
KAY DESELEM
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Agenda Item No. 88
September 13, 2005
Page 96 of 143
BEMBRIDGE EMERGENCY SERVICES COMPLEX
PUDZ - A - 2004 - AR - 5998; BEMBRIDGE PUD
REVISED APRIL 22,2005
JUSTIFICATION OF DEVIATIONS
PUD SECTION W (SUBSECTION 4,13)
Deviation #A - Deviation withdrawn,
Deviation #B seeks relief from Subsection 5,05,08.C.2.c.i of the LDC which requires a
minimum area for window openings to be 30% of the facade, The developer will provide
10% for windows and openings. Because the building will be fully operational during a
category five hurricane, a large amount of glass is not feasible. In order to not appear
like a bunker, as other EOC's do, we are providing windows at non-critical areas of the
building, and allowing daylight in areas operating 24 hours, such as 911. Also, the floor-
to-floor heights are a factor limiting the percentage of windows, The ceiling height is 9'-
0" in most areas of the building, As mentioned above, the floor-to-floor heights allow for
a 9' plenum containing structure, technology, fire protection and HV AC ducts, Windows
would not be useful or desirable in the plenum space.
As discussed at the Planning Commission meeting, this facility is not a retail
establishment, nor is it an industrial occupancy. It is business occupancy, However, it
differs from other business occupancies in that it consolidates the most critical Collier
County departments and emergency services.
It was discussed that windows are available that meet 175 mph impact requirement.
However, even impact resistant windows are much more vulnerable than 8" thick
reinforced concrete. Any breach to the exterior shell of the building will be detrimental
to the interior operations of the facility. Two Emergency Operations Centers located in
coastal regions of Florida, the Broward County EOC, designed by Scharf & Associates
and Palm Beach County Emergency Services building, designed by Architect's Design
Group do not have any windows, and are therefore less likely to incur a breach than this
new state-of-the-art facility.
Although we compromise the security of the facility in the event winds exceed 175 mph,
we have taken into consideration the sensitivity to aesthetic design, and providing
daylight to some of the less-critical areas. In an effort to meet the intent of the code, we
have provided windows at every fayade corresponding to the function of the spaces
inside. At the primary fayade, openings and windows provide for 10% of the entire
fayade area. It is our recommendation that the requirement of 30% windows remain a
deviation and that what is described above be taken into consideration.
Deviation #C - Deviation withdrawn.
Deviation #D seeks relief from Subsection 4.06.02.C.1 of the LDC, which requires a 10
foot wide Type A landscape buffer along the east boundary of ESe parking lot (school
retention pond). We're asking to deviate to 3 ft width. No hedge is required, however,
we propose a 2 ft hedge, growing to 3 ft to help off-set not meeting the width
List of Deviations
Bembridge PUD
April 22, 2005
Page 1 of2
Agenda Item No. 8B
September 13, 2005
Page 97 of 143
requirement. We are complying with the tree requirements. Landscaping that is removed
as a result of maintenance of the lake shall be replaced at the expense of the property
owner.
Deviation #E - Deviation withdrawn,
Deviation #F seeks relief from Subsection 5.06.06.C.I of the LDC - Signs, which limits
the number of signs to one pole or ground sign, Typical school signs include marquee
signs used for public information. Calusa Park Elementary School shall be permitted two
entry signs with one being a marquee sign for display of public information.
Deviation #G - Deviation withdrawn.
List of Deviations
Bembridge PUD
April 22,2005
Page 2 of 2
Agenda Item No. 88
September 13, 2005
Page 98 of 143
RADIO ROAD (C.R. 8S8)
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January 26, 20056:12 PM
Richard & Jane Allen 215-295-7861
p,02
Agenda Item No. 8B
September 13, 2005
Page 100 of 143
TO:
Kay Deselem, Principal Planner
Collier County Development and Environmental Services Division
Department of Zoning and Land Development Review
FROM:
Richard L. Allen and Jane B. Allen
7360 St. lves Way, #2304
Naples, FL 34104
RE:
Petition PUDZ-A-2004-AR-5998
The Bembridge Emergency Service Complex PUD
DATE:
January 26, 2005
We strongly object to the development of the Bembridge Emergency Service
Complex. We envision ambulances coming and going and possibly helicopters also.
Even now we find the noise from Santa Barbara intolerable during high traffic periods
and we rarely sit on our lanai because of that. This additional noise would be unbearable
for us.
We question the wisdom ofloeating such a facility so near to a school. We feel
the emergency traffic would endanger the children. We have had an experience in which
a helicopter crashed onto a playground killing many children.
Should this facility be built, the value of our property would be significantly
reduced,
We strongly urge that the above petition to change the zoning be withdrawn.
-- '_."~----- ----._.
April I, 2005
Agenda Item No, 88
September 13, 2005
4Gf.a9 "",;1 of 143
~ ..:.
(touNTRlSIDEI
GOLf AND COUNTRY CLUB
Collier County Planning Commission
Attention: Susan Murray
2800 North Horseshoe
Naples, FL 34104
Dear Planning Commission:
This is a letter stating the position of Countryside's Master Board of Directors, the
governing body of our community. We want to voice our strong opposition of Santa
Barbara Boulevard as the site for the Collier County Emergency Operations Center. As
you know, this site is located in a residential neighborhood adjacent to Calusa Park
Elementary School. In order to meet legal requirements to build the EOC,zoning has to
be changed and variances to codes need to be granted.
According to recent newspaper reports, Emergency Management staff is going to
redesign the original proposed plans. However, comments attributed to the Collier
County Planning Commissioners still apply. Commissioner Mark Strain said, while
referring to the original plan, he liked the buildings design but had problems with the
location, Commissioner Bob Murray said the County should never have come forward
with such a flawed plan "they don't belong on that property", There is no other
building in the immediate area that has the height of the EOe. Commissioner Budd said,
"Increased building heights have a dramatic impact on local neighborhoods", He
also stated "any private developer that requested land use variances on this basis, would
be told that they were simply trying to squeeze too many buildings on too little
property" ,
We feel these statements still hold true. It appears the Santa Barbara Boulevard location
was selected as a matter of convenience and very little, if any thought was given to
looking for a more appropriate site where the zoning was compatible with intended use.
Commissioner, we at Countryside know this is a difficult decision. We feel there has to
be a more appropriate site, other than Santa Barbara Boulevard. We urge you to have
Emergency Management Staff find this location.
w~
Richard Kudelski
President, Countryside Master Board
cc: Countryside Master Board of Directors
William O'Connor, General Manager
Collier County Planning Commissioners
Mailing Address 600 Countryside Drive Naples, Florida 34104 (239) 353-1780 FAX (239) 353-3717
~,." ~
,
Agenda Item No, 88
September 13, 2005
Page 102 of 143
Collier County Citizen Corps Advisory Committee
Collier County Florida
\~~
To: CoUier County Planning Commission
3301 Tamiami Trail, East
Naples, Florida 34113
Re: Collier County ESC Project
Apriln'" 2005
Dear Planning Commissioners,
As Chairmu of The Collier County Citizen Corps and on behalf of it memben;T --- -
would like to take this opportunity to address a matter of high importance to the
citizens of our County, the proposed new ESC Center.
The Collier COUDty Citizen Corps Advisory Board was csUlblished by onlinuee 02-56
in November 2002. Its purpose was to provide emergency preparedness coordination
and advice to the Board Of County Commissioners in response to President Bush's
request in the wake of 2001 9/11 strikiDg our COUDtry. Some twenty ODe disaster
voluuteer organizations as well as muy CODDty Emergeacy Responden make up
your County Citizen Corps.
Last yean storms "ave east in stone the need for aD updated ESe Building that will
provide the security, protection and response for the needs ofthe increasing growth of
our counties population needs in time of not only weather related disaster but also to
be prepared for acts of terror .,.in,t our CODIIDUDity.
Aprill, 2005 our county had an estimated 329,000 residents with an estimate of some
453,000 wheD seasoDaJ guest arrive. By October lit some 7,000 more will occupy our
county.
QueStions from residents in the area of the proposed ESC have risen causing fui1&er~'-'-
delay on this Deeded projed. Maay of tlaese quesooas have either been answered
withia reason as well as having the building plaD re-adjutecL A neent new's article of
area residents with objections to the site amounted to about .020.10 of our counties in
season population of 453,000. The welfare and security of our county citizens must be
weighed by the ovenD benefit to the majority of those it serves.
Dramatic improvements to our counties preparedness is making tremendous headway
especially after we aD ,had a frODt row seat in witne.uing the effects of the past storm
season, however thereJ.much more to do with ont delay. Our ESC is badly needed.
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Walter R. Jaski~U ~,,/',\, ~
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Agenda Item No. 88
September 13, 2005
Page 103 of 143
ORDINANCE NO. 05-
AN ORDINANCE AMENDING ORDINANCE NUMBER
2004-41, AS AMENDED, THE COLLIER COUNTY
LAND DEVELOPMENT CODE, WHICH INCLUDES
THE COMPREHENSNE ZONING REGULATIONS
FOR THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA, BY AMENDING THE
APPROPRIATE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM
PLANNED UNIT DEVELOPMENT (PUD), TO
COMMUNITY FACILITIES PLANNED UNIT
DEVELOPMENT (CFPUD) FOR A PROJECT TO BE
KNOWN AS BEMBRIDGE ESC COMMUNITY
FACILITIES PUD, TO AMEND THE PUD DOCUMENT
AND MASTER PLAN TO SHOW A CHANGE IN USE
FROM RESIDENTIAL DEVELOPMENT AND A
CHURCH OR A NURSING HOME, TO ALLOW
DEVELOPMENT OF COMMUNITY FACILITIES TO
INCLUDE AN EMERGENCY MANAGEMENT
OPERATIONS CENTER, OTHER GOVERNMENT
FACILITIES, AND AN EXISTING ELEMENTARY
SCHOOL FOR PROPERTY LOCATED ON SANTA
BARBARA BOULEVARD, NORTII OF DAVIS
BOULEVARD, IN SECTION 4, TOWNSIllP 50 SOUTII,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 39.82:1: ACRES; PROVIDING FOR
THE REPEAL OF ORDINANCE NUMBER 98-06, AS
AMENDED, THE FORMER BEMBRIDGE PUD
ORDINANCE; AND BY PROVIDING AN EFFECTNE
DATE.
WHEREAS, Coastal Engineering Consultants, Inc., representing Collier County Board
Of County Commissioners, petitioned the Board of County Commissioners to change the zoning
classification ofthe 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 4,
Township 50 South, Range 26 East, Collier County, Florida, is changed from Planned Unit
Development (PUD) to CFPUD for a project known as the Bembridge PUD, to amend the PUD
document and Master Plan to show a change in use from residential development and a church or
a nursing home, to allow development of community facilities to include an Emergency
Operations Center, other government facilities, and an existing elementary school in accordance
with the PUD Document, 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
Page 1 of 2
Agenda Item No. 88
September 13, 2005
Page 104 of 143
Ordinance Number 2004-41, the Collier County Land Development Code, are hereby amended
accordingly.
SECTION TWO:
Ordinance Number 98-06 as amended, known as the Bembridge PUD, adopted on
October 13, 1998, by the Board of County Commissioners of Collier County, is hereby repealed
in its entirety.
SECTION THREE:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this _ day of
,2005.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
FRED W. COYLE, CHAIRMAN
Approved as to Form and
Legal Sufficiency
MaIjorie M. Student-Stirling
Assistant County Attorney
PUDZ-A-2004-AR-S998/KDlsp
Attachment: PUD Document
Page 2 of 2
Agenda Item No. 88
September 13, 2005
Page 105 of 143
BEMBRIDGE EMERGENCY SERVICES COMPLEX
A
COMMUNITY FACILITIES PLANNED UNIT DEVELOPMENT
REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING BEMBRlDGE
EMERGENCY SERVICES COMPLEX, A COMMUNITY FACILITIES PLANNED
UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY
LAND DEVELOPMENT CODE
PREP ARED FOR:
COLLIER COUNTY BOARD OF COUNTY COMMISIONERS
PREPARED BY:
Coastal Engineering Consultants, Inc.
3106 South Horseshoe Drive
Naples, Florida 34104
DATE REVIEWED BY CCPC
DATE APPROVED BY BCC
ORDINANCE NUMBER
AMENDMENTS AND REPEAL
Exhibit A
Revised April 29, 2005
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TABLE OF CONTENTS
Pa2e
List of Exhibits.. ,.... ..... ..... ............. .....,..... ..,...., ..,.... ..... ..,.............3
Statement of Compliance ............. ..... .................. ,....,............ ,.......4
Section I Property Ownership and Description...,.".,.......".,...".5
Section II Project Development Requirements ......,.......,....,....... 7
Section III Community Facilities Areas Plan ..................,..,....... 10
Section IV General Development Commitments,..................,.... 15
Agenda Item No, 88
September 13, 2005
Page 106 of 143
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Agenda Item No. 88
September 13, 2005
Page 107 of 143
LIST OF EXHIBITS
EXlllBIT A
PUD Master Plan
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Agenda Item No. 88
September 13, 2005
Page 108 of 143
STATEMENTOFCOMWL~CE
The development of approximately 39.82:f: acres of property in Collier County, as a
Community Facilities Planned Unit Development to be known as Bembridge Emergency
Services Complex Community Facilities Planned Unit Development (Bembridge ESC
CFPUD) shall be in compliance with the goals, objectives and policies of Collier County
as set forth in the Growth Management Plan (GMP), and implementing land development
regulations.
The Calusa Park Elementary School and auxiliary school facilities are subject to the
lnterlocal Agreement adopted in May 2003, The Calusa Park Elementary School and
existing facilities shall also be considered consistent with the Growth Management Plan,
The land uses of the CFPUD will be consistent with the growth policies, land
development regulations and applicable comprehensive planning obj ectives of each of the
elements of the GMP for the following reasons:
1. The subject property is within the Urban Mixed Use, Urban Residential Subdistrict
Land Use Designation and located just north of Activity Center #6 as identified on the
Future Land Use Map, Government facilities and essential services are permitted
within this designation.
2, The subject property's location in relation to existing or proposed community
facilities and services permits the development's intensity as required in Objective 2
of the Future Land Use Element (FLUE).
3. The project development is compatible and complementary to existing and future
surrounding land uses as required in Policy 5.4 of the FLUE,
4, The project development will result in an efficient and economical extension of
community facilities and services,
5, All final local development orders for this project are subject to Sections 6,02.00 and
10.02.07 of the Collier County Land Development Code (LDC).
6, The Bembridge ESC CFPUD is compatible with and complementary to existing and
future surrounding land uses and is considered to be consistent with Policy 5.4 of the
FLUE,
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September 13, 2005
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SECTION I
PROPERTY OWNERSIDP 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 Bembridge ESC CFPUD,
1.2 LEGAL DESCRIPTION
The subject property is currently known as the Bembridge PUD, which is
approximately 39,82:1: acres, located in Section 4, Township 50 South, and Range
26 East, and described as follows:
The Northwest 1/4 of the Southwest 1/4 of Section 4, Township 50 South, Range 26
East, Collier County, Florida.
Tax Folio Numbers: 00399840007,00400246406,00400246309
1.3 PROPERTY OWNERSIDP
The subject property is currently under the ownership of Collier County, 3301
Tamiami Trail East, Naples, FL 34112, and the Collier County School District,
5775 Osceola Trail, Naples, FL 34109.
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
A. The project is located on the east side of Santa Barbara Boulevard
approximately 2,906 feet south of Radio Road and 1,396 feet north of Davis
Boulevard.
B. The zoning classification of the subject property prior to the effective date of
this approved CFPUD Document was Planned Unit Development (PUD). That
PUD was approved by the Board of County Commissioners in 1998 (Ordinance
98-86) for residential and church use with a nursing home. Prior to that date it
was designated Agricultural.
C. Collier County Public Schools purchased 39.82:1: acres of the Bembridge PUD
in January 2000 to build the Calusa Park Elementary School. In 2001 and 2002,
Collier County purchased a 5.998:1: acre parcel and a 7:1: acre parcel from the
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School District of Collier County to build the ESC Center and EMS Station #19
and water management lakes.
D. The property has received the following approvals:
1. SDP approval for EMS Station #19 (SDP-2003-AR-4786), May, 2004.
1.5 PHYSICAL DESCRIPTION
The project site is located within the Lely Canal Sub-basin, Run-off from the site is
routed to the Davis Boulevard swale via an improved easement along the eastern
boundary of the Shoppes at Santa Barbara PUD, and then southerly from the Davis
Boulevard swale system along County Barn Road, around the Royal Wood
Development to a canal which is tied to the Lely Canal, The current permitted,
pumped discharge will be replaced by a system of interconnected lakes designed for
water quality treatment and run-off attenuation to pre-development rates. A water
management lake will be constructed by the Collier County Transportation Division
on five acres located in the southwest comer of this CFPUD, which will serve Santa
Barbara Boulevard (6-lanes), the ESC facilities (EMS Station #19 and Sheriff's
Operation Center), and Calusa Park Elementary School. An existing detention lake
is located in the central area of the CFPUD on the elementary school site,
Elevations within the project site range from 9.5 to 10.5 feet above mean sea level.
The site is within Flood Zone "X" as shown on FEMA Firm Panel 120067 0415,
The soils on this site are primarily Boca fme sand and Pineda fine sand and are
modified by development of the site,
1.6 PROJECT DESCRIPTION
The Bembridge ESC CFPUD is a multi-use project. Major uses consist of those
related to public safety (emergency operations facility and emergency medical
services), the existing Calusa Park Elementary School and related auxiliary school
facilities, and water management facilities which will serve these facilities and
Santa Barbara Boulevard.
1.7 SHORT TITLE
This Ordinance shall be known and cited as the "Bembridge ESC Community
Facilities PUD Ordinance."
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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, and 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 Bembridge ESC CFPUD shall be in
accordance with the contents of this Document, CFPUD-Planned Unit
Development District and other applicable sections and parts of the Collier
County LDC and GMP 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 County LDC shall apply to the ESC
Tracts "A" and "B". Tract "C", Calusa Park Elementary School and auxiliary
facilities are subject to the lnterlocal Agreement between the Collier County
School District and Board of County Commissioners adopted in May 2003.
B. Unless otherwise noted, the definitions of all terms in this CFPUD Document
have the same meaning as the definitions set forth in Collier County LDC.
C. All conditions imposed and all graphic material presented depicting restrictions
for the development of the Bembridge ESC CFPUD shall become part of the
regulations that govern the manner in which the Bembridge ESC CFPUD site
shall be developed,
D. Unless approved as a deviation in this CFPUD Document, the provisions of
Section 1O.02.03.A.3.a. and b, of the Collier County LDC and the lnterlocal
Agreement (Adopted May 2003), where applicable, remain in full force and
effect with respect to the development of the land which comprises the
Bembridge ESC CFPUD.
E. The CFPUD Master Plan is illustrated graphically as Exhibit A. A Land Use
Summary indicating approximate land use acreages is shown on the Plan. The
location, size and configuration of the individual water management features
and development tracts shall be determined at the time of final site development
plan approval with minor adjustments at the time of final plan approval, in
accordance with Section 10.02.03. of the LDC.
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September 13, 2005
Page 112 of 143
2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
A. The layout of streets and use of land for the various tracts is illustrated
graphically by Exhibit A, CFPUD Master Plan, There shall be two land use
tracts (Tracts "A" and "C") with necessary water management lakes, street
rights-of-way, the general configuration of which is also illustrated by Exhibit
A. Tract "A" represents the future Emergency Operations building and the
Emergency Management Services building and related facilities. Tract "C"
represents the existing Calusa Park Elementary School. An additional
development tract, Tract "B", represents the lake and lake expansion area which
will provide detention for stormwater run-off from the ESC facilities and the
Santa Barbara Boulevard road improvements,
B. In addition to the various areas and specific items shown on Exhibit A, such
easements as necessary (utility, private, semi-public, etc.) shall be established
within or along the various tracts as may be necessary.
2.4 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE
The Emergency Services Complex main building shall be a maximum of 132,500
square feet. The EMS Station #19 shall not exceed 6,000 square feet. Ancillary
uses, such as heating, cooling, air conditioning mechanical equipment buildings and
radio tower equipment areas, do not count towards this building area allocation.
2.5 RELATED PROJECT PLAN APPROVAL REOUIREMENTS
A. Final plans for all required improvements shall receive approval of the
appropriate Collier County governmental agency to insure compliance with the
Bembridge ESC CFPUD Master Plan, the Collier County Subdivision Code,
and the platting laws of the State of Florida.
B. Exhibit A, Bembridge ESC CFPUD Master Plan constitutes the required PUD
development plan.
C, The provisions of Section 10.02.03 of the Collier County LDC, when
applicable, shall apply to the development of all platted tracts, or parcels of land
as provided in said Section prior to the issuance of a building permit or other
development order.
D, Appropriate instruments shall be provided at the time of infrastructural
improvements regarding any dedications and method for providing perpetual
maintenance of common facilities.
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September 13, 2005
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2.6 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN
Amendments may be made to the CFPUD as provided in the Collier County LOC,
Section 1O.02.13.E.
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SECTION III
COMMUNITY FACILITIES PLAN
3.1 PURPOSE
The purpose of this Section is to identifY permitted uses and development standards
for areas so designated on Exhibit A, Bembridge ESC CFPUD Master Plan,
3.2 GENERAL DESCRIPTION
The CFPUD provides for a maximum of 132,500 square feet of building area for
permitted and accessory emergency operations uses as well as the existing Calusa
Park Elementary Schoo~ on 39.82:1: acres, Ancillary uses, such as HV AC and radio
tower equipment areas, do not count towards this building area allocation,
3.3 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land
used, in whole or part, for other than the following:
A. Permitted Principal Uses and Structures:
1. Educational plants (Tract "C")
2, Emergency management operations center and associated facilities (Tract
"A")
3. Emergency operations center (Tract "A")
4, Emergency medical services (Tract "A")
5. Emergency medical services warehouse (Tract "A")
6. Clerk's management information system (MIS) (Tract "A")
7, Information technology facilities (Tract "A")
8. Sheriffs office substation (Tract "A")
9. Sheriffs 9-1-1 / communications center (Tract "A")
10. Traffic operations section (Tract "A")
11, Communications TV studio and media briefing facilities (Tract "A")
12, Administrative service facilities (Tract "A")
13. Essential public service facilities (Tract "A")
14. Safety service facilities (Tract "A")
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September 13, 2005
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B. Uses Accessory to Permitted Uses:
1, Accessory uses and structures customarily associated with the principal
uses,
2. Residential and commercial uses of an accessory nature which are
incidental and customarily associated with support of a primary public use
on the site for public pwposes and which are consistent with the GMP,
3. Temporary use of the site for public pwposes in accordance with Section
1O.02.06.G. of the LDC.
4, Communication towers up to 175 feet above ground (AGSL) (Tract "A").
5. Parking facilities (Tract "A" and "C").
6. Incinerators, HV AC plants and other like facilities (Tract "A" and "C").
7, Major maintenance and service facilities (Tract "A" and "C")
3.4 DEVELOPMENT STANDARDS
A.
Minimum Lot Area:
None required.
B.
Minimum Lot Width:
None required.
C. Minimum Yards:
1. Principal & Accessory Structures
a.
Perimeter of CFPUD
abutting residentially
zoned property.
Fifty (50) feet or 1h the building
height, whichever is greater,
b.
Perimeter of CFPUD
abutting non residentially
zoned property.
Twenty- five (25) feet or 1h the building
height, whichever is greater,
c.
Waterfront
Zero (0) feet to bulkhead or
rip-rap at top or bank, otherwise
20 feet.
d. The proposed telecommunications tower shall conform to the
requirements of Section 5.05.09.G.7.b. of the LDC. Such tower
shall maintain a distance from any residential property boundary
equivalent to at least the height of the tower.
D. Distance Between Principal Structures on the Same Parcel:
A minimum of 15 feet or one-half the sum of the building heights as
measured by the closest exterior building walls, whichever is greater.
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E. Distance Between Accessory Structures on the Same Parcel:
A minimum of 10 feet between detached accessory structures and between
accessory structures and principal structures,
F, Maximum Building Height:
1, Principal buildings shall not exceed 72 feet m height or 5 stories,
whichever is less,
2. Accessory structures, excluding the telecommunications tower, shall not
exceed 50 feet in height. The telecommunications tower shall be limited
to 175 feet in height except where it may be increased by conditional use
approval,
3.5 PROVISIONS FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL
The excavation and stockpiling of earthen material in preparation of water
management facilities or to otherwise develop water bodies is hereby permitted.
Off-site disposal is also hereby permitted subject to the following conditions:
A. Excavation activities shall comply with "clear and fill" application requirements
pursuant to Subsection 4.06.04.A,l,aiii of the LDC. Off-site removal shall be
limited to 10% of the total volume excavated, but not to exceed 20,000 cubic
yards as set forth in the Collier County Code of Laws and Ordinances.
B. All other provisions of the Collier County Code of Laws and Ordinances, shall
apply.
3.6 LANDSCAPE BUFFERS. BERMS. FENCES. AND WALLS
The following standards shall apply:
A. Landscape berms shall have the following maximum side slopes:
1. Grassed berms 4: 1
2. Ground cover berms
Perimeter 3: 1
Internal to project 3: 1
3. Structural walled berms - vertical
B. Landscape buffers, berms, gates, fences and walls may be constructed within
the landscape buffer tract along the perimeter of the Bembridge ESC CFPUD
boundary prior to preliminary subdivision plat and site development plan
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submittal. Sidewalks shall meet the requirements of Section 4.06.02.D.4 of the
LDC. Landscape and irrigation plans shall be submitted to Collier County
Community Development and Environmental Services (CDES) for approval
prior to construction.
C, Pedestrian sidewalks and/or bike paths, water management systems, drainage
structures, and utilities may be allowed in landscape buffers as permitted by
Section 4.06.02.D.4. of the LDC.
3.7 DESIGN GUIDELINES AND STANDARDS
The Bembridge ESC CFPUD is intended to encourage ingenuity, innovation and
imagination in the planning, design and development or redevelopment of relatively
large tracts ofland as set forth in Section 2.03.06. of the LDC.
3.8 GENERAL PERMITTED USES
Certain uses shall be considered general permitted uses throughout the Bembridge
ESC CFPUD. General permitted uses are those uses which generally serve the
facilities.
A. General Permitted Uses:
1. Essential services as set forth under Section 2.01.03. of the LDC,
2. Water management facilities and related structures.
3. Lakes, including lakes with bulkheads or other architectural or structural
bank treatments.
4. Guardhouses, gatehouses, and access control structures.
5. Community and neighborhood parks, recreational facilities, and sidewalks,
with or without cupolas and benches.
6. Temporary construction and administrative offices for authorized
contractors and consultants, including necessary access ways, parking areas
and related uses.
7. Landscape features including, but not limited to, landscape buffers, berms,
fences and walls subject to the standards set forth in Sections 3,6 and 4.12 of
this CFPUD.
8, Fill storage subject to the standards set forth in Section 3.5 of this CFPUD.
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3.9 SIGNAGE
All signs shall be in accordance with Section 5.06.00 of the LDC with the exclusion
of signs for Calusa Park Elementary School which are subject to the provisions of
Section 1O.02.03,A.3,a, and b, of the Collier County LDC and the lnterlocal
Agreement of May 2003, Two entry signs for the Calusa Park Elementary School
shall be permitted, if one is a marquee sign.
3.10 SIDEW ALKSIBIKEP A THS
A. Pursuant to Section 6.06.02 of the LDC and Section 3.6 and 4.9 of the
Bembridge ESC CFPUD, sidewalks/bikepaths shall be permitted as follows:
1, An internal sidewalk: shall be permitted within drainage easements,
2. Sidewalks may be located outside platted rights-of-way when
located within a separate sidewalk easement.
3. Sidewalks may be located within landscape buffers and/or
easements,
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SECTION IV
GENERAL DEVELOPMENT COMMITMENTS
4.1 PURPOSE
The purpose of this Section is to set forth the development commitments for the
Bembridge Emergency Services Complex CFPUD.
4.2 GENERAL
All facilities shall be constructed in strict accordance with final site development
plans and all applicable State and local laws, codes, and regulations applicable to
this CFPUD in effect at the time of site plan submittal with the exclusion of Calusa
Park Elementary School which is subject to the requirements Section
10.02.03.A.3.a. and b. of the LDC and the Interlocal Agreement of May 2003.
Except where specifically noted or stated otherwise, the standards and
specifications of Chapter 4 of the LDC shall apply to this project. The developer,
its successor and assigns, shall be responsible for the commitments outlined in this
Document.
The developer, its successor or assignee, shall follow the Master Plan and the
regulations of the CFPUD as adopted, and any other conditions or modifications as
may be agreed to in the rezoning of the property. In addition, any successor or
assignee in title to the developer, is bound by the commitments within this
Document.
4.3 CFPun MASTER PLAN
A. The Bembridge ESC CFPUD Master Plan (Exhibit A) is an illustration of the
conceptual development plan. Tracts and boundaries shown on the plan are
conceptual and shall not be considered final. Actual tract boundaries shall be
determined at the time of site development plan approval.
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.
4.4 SCHEDULE OF DEVELOPMENTIMONITORING REPORT AND SUNSET
PROVISION
A. Sunsetting: The Bembridge ESC CFPUD shall be subject to the sunset
provisions of Section 10.02.13.D of the LDC, as amended.
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B. Monitoring Report: An annual PUD monitoring report shall be submitted
pursuant to Section 1O.02.13.F of the LDC,
4.5 ENGINEERING
A. Except as noted in this PUD Document, all project development shall be
consistent with Chapters 4 and 10 of the LDC.
4.6 UTILITIES
A. Water distribution, sewage collection, and transmission systems shall be
constructed throughout the project by the developer, Potable water and sanitary
sewer facilities constructed within platted rights-of-way or within dedicated
County utility easements shall be conveyed to Collier County, pursuant to
Collier County Ordinance 04-31, as may be amended.
B. Upon completion of the utility facilities, the facilities shall be tested to insure
they meet Collier County utility construction requirements in effect at the time
construction plans are approved.
4.7 WATER MANAGEMENT
A. A SFWMD surface water management permit shall be obtained pnor to
approval of the site development plan.
B, An excavation permit shall be required for the proposed lakes in accordance
with the Collier County Code of Laws and Ordinances. All lake dimensions
shall be approved at the time of excavation permit approval.
4.8 ENVIRONMENTAL
A. A minimum of thirty (30) percent open space of the gross area of the site, as
described in Section 4.02.01.B of the LDC, shall be provided,
B. An exotic vegetation removal, monitoring and maintenance plan for the site,
with emphasis on the preserve/open space areas, shall be submitted to the
Department of Environmental Services Staff for review and approval prior to
final site plan/construction plan approval.
C. This CFPUD shall be consistent with the Environmental Sections of the Collier
County GMP and the Collier County LDC in effect at the time of final
development order approval.
G:\CWTCllt\Deselcm\PUD Rezones\Bcmbridge Ese PUD, PUDZ-A-2004-AR-5998\PUD documents and exhibits\PUD Doc 16
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Agenda Item No, 8B
September 13, 2005
Page 121 of 143
D, Environmental permitting shall be in accordance with the State of Florida
Environmental Resource Permit Rules and be subject to review and approval by
the Environmental Services Review Staff. Removal of exotic vegetation shall
not be counted towards mitigation for impacts to Collier County jurisdictional
wetlands.
E, All approved agency (SFWMD, ACOE, FFWCC) permits shall be submitted
prior to final plan/construction plan approval.
4.9 TRANSPORT A TION
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, FDOT Design
Standards, current edition, and the Manual On Uniform Traffic Control Devices
(MUTCD), current edition. All other improvements shall meet the requirements
of the Collier County LDC .
B. Arterial level street lighting shall be provided at all access points. Access
lighting shall be in place prior to the issuance of the first certificate of
occupancy (CO).
C. All work within Collier County rights-of-way or public easements shall require
a right-of-way permit.
D. The development shall be designed to promote the safe travel of all roadway
users including bicyclists, and shall provide for the safety of pedestrians
crossing said roadways. Sidewalks shall be separated from vehicular traffic in
accordance with recognized standards and safe practices, as determined by
Collier County Transportation Services Staff.
4.10 ACCESSORY STRUCTURES
Accessory structures shall be constructed simultaneously with or following the
construction of the principal structure, except for a construction site administrative
office.
4.11 SIGNS
Two entry signs for the Ca1usa Park Elementary School shall be permitted if one is
a marquee SIgn.
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Agenda Item No. 88
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4.12 LANDSCAPING FOR OFF-STREET PARKING AREAS
All landscaping for off-street parking areas shall be in accordance with Section
4.06,00 of the LDC in effect at time of building permit application, except where a
deviation is provided herein.
4.13 DEVIATIONS FROM LAND DEVELOPMENT CODE
A. Deviation withdrawn
B. Subsection 5.05.08 of the LDC - Windows and facades
Deviation from Subsection 5.05,08 C.2,c.i, of the LDC, architectural requirements,
which requires glazing covering at a minimum of 30 percent of the affected fayades
facing collectors and arterial streets, and from fuyade window requirements. The
developer shall provide 10 percent.
C. Deviation withdrawn
D. Subsection 4.06.02.C.I of the LDC - Buffers
Deviation from Subsection 4.06.02.C.I of the LDC, which requires a 10 foot wide
buffer along the east boundary of ESC CFPUD, Along Tract A there is
approximately 3 feet available between the edge of pavement and tract boundary.
The developer shall plant a single row hedge in this strip, Landscaping that is
removed as a result of maintenance of the lake shall be replaced at the expense of
the developer,
E. Deviation withdrawn
F, Subsection 5.06,00 of the LDC - Signs
Deviation from Subsection 5.06.06.C.l of the LDC, which limits the number of
signs to one ground sign or one pole sign. Calusa Park Elementary School shall be
permitted two entry signs with one being a marquee sign for display of public
information,
G. Deviation withdrawn
G:'CWTCIlt\Deselcm\PUD Rezones\Bembridge Ese PUD, PUDZ-A-2004-AR-5998\PUD documents and exhibits\PUD Doc 18
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Agenda Item No, 8B
September 13, 2005
Page 124 of 143
ORDINANCE NO. 05-
AN ORDINANCE 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
APPROPRIA TE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM
PLANNED UNIT DEVELOPMENT (PUD), TO
COMMUNITY FACILITIES PLANNED UNIT
DEVELOPMENT (CFPUD) FOR A PROJECT TO BE
KNOWN AS BEMBRIDGE EMERGENCY SERVICES
COMPLEX COMMUNITY FACILITIES CFPUD, TO
AMEND THE PUD DOCUMENT AND MASTER PLAN
TO SHOW A CHANGE IN USE FROM RESIDENTIAL
DEVELOPMENT AND A CHURCH OR A NURSING
HOME, TO ALLOW DEVELOPMENT OF VARIOUS
PUBLIC AND COMMUNITY FACILITIES TO
INCLUDE AN EMERGENCY MANAGEMENT
OPERATIONS CENTER, OTHER GOVERNMENT
FACILITIES, AND AN EXISTING ELEMENTARY
SCHOOL AND POSSIBLE EXPANSION OF THE
EXISTING SCHOOL AND POSSIBLE
CONSTRUCTION OF ADDITIONAL EDUCATIONAL
PLANTS (SCHOOLS) FOR PROPERTY LOCATED ON
SANTA BARBARA BOULEVARD, NORTH OF DAVIS
BOULEVARD (SR 84), IN SECTION 4, TOWNSHIP 50
SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA, CONSISTING OF 39,82:1: ACRES;
PROVIDING FOR THE REPEAL OF ORDINANCE
NUMBER 98-06, THE FORMER BEMBRIDGE PUD
ORDINANCE; AND BY PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Coastal Engineering Consultants, Inc., representing CoIIier County Board of
County Commissioners, 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 4,
Township 50 South, Range 26 East, CoIIier County, Florida, is changed from Planned Unit
Development (PUD) to CFPUD for a project to be known as the Bembridge Emergency Services
Complex CFPUD, to amend the PUD document and Master Plan to show a change in use from
residential development and a church or a nursing home, to aIIow development of various public
and community facilities to include an Emergency Operations Center, other govemment
facilities, and an existing elementary school and possible expansion of the existing elementary
Page 1 of 2
Agenda Item No. 88
September 13. 2005
Page 125 of 143
school and possible construction of additional educational plants (schools) in accordance with
the PUD Document, 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, as amended, the Collier County Land Development Code, is/are
hereby amended accordingly.
SECTION TWO:
Ordinance Number 98-06, known as the Bembridge PUD, adopted on October 13, 1998,
by the Board of County Commissioners of Collier County, is hereby repealed in its entirety.
SECTION THREE:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this _ day of
,2005,
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORlDA
BY:
FRED W, COYLE, CHAIRMAN
Approved as to Form and
Legal Sufficiency
Marjorie M. Student-Stirling
Assistant County Attorney
PUDZ-A -2004-AR -5 998!KD!sp
Attachment: PUD Document
Page 2 of 2
Agenda Item No, 8B
September 13, 2005
Page 126 of 143
BEMBRIDGE EMERGENCY SERVICES COMPLEX
A
COMMUNITY FACILITIES PLANNED UNIT DEVELOPMENT
REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING BEMBRIDGE
EMERGENCY SERVICES COMPLEX, A COMMUNITY FACILITIES PLANNED
UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY
LAND DEVELOPMENT CODE
PREPARED FOR:
COLLIER COUNTY BOARD OF COUNTY COMMISIONERS
PREPARED BY:
Coastal Engineering Consultants, Inc.
3106 South Horseshoe Drive
Naples, Florida 34104
DATE REVIEWED BY CCPC
DATE APPROVED BY BCC
ORDINANCE NUMBER
AMENDMENTS AND REPEAL
Exhibit A
Revised August 18, 2005
Bembridge PUD; PUDZ-A-2004-AR-5998
PUD document revised 8-18-05
1
TABLE OF CONTENTS
Pa2e
List of Exhibits............................................................................. 3
Statement of Compliance ...................... ........................................ 4
Section I Property Ownership and Description .......................... 5
Section II Project Development Requirements ........................... 7
Section III Community Facilities Areas Plan .............................10
Section IV General Development Commitments........................ 15
Bembridge PUD; PUDZ-A-2004-AR-5998
PUD document revised 8-18-05
Agenda Item No, 88
September 13, 2005
Page 127 of 143
2
Agenda Item No. 88
September 13, 2005
Page 128 of 143
LIST OF EXHIBITS
EXHIBIT A
PUD Master Plan
Bembridge PUD; PUDZ-A-2004-AR-5998
PUD document revised 8-] 8-05
3
Agenda Item No, 8B
September 13, 2005
Page 129 of 143
STATEMENT OF COMPLIANCE
The development of approximately 39.82:f: acres of property in Collier County, as a
Community Facilities Planned Unit Development to be known as Bembridge Emergency
Services Complex Community Facilities Planned Unit Development (Bembridge ESC
CFPUD) shall be in compliance with the goals, objectives and policies of Collier County
as set forth in the Growth Management Plan (GMP), and implementing land development
regulations.
The Calusa Park Elementary School and auxiliary school facilities are subject to the
lnterlocal Agreement adopted in May 2003. The Calusa Park Elementary School and
existing facilities shall also be considered consistent with the Growth Management Plan.
The land uses of the CFPUD will be consistent with the growth policies, land
development regulations and applicable comprehensive planning objectives of each of the
elements of the GMP for the following reasons:
1. The subject property is within the Urban Mixed Use, Urban Residential Subdistrict
Land Use Designation and located just north of Activity Center #6 as identified on the
Future Land Use Map. Government facilities and essential services are permitted
within this designation.
2. The subject property's location in relation to eXlstmg or proposed community
facilities and services permits the development's intensity as required in Objective 2
of the Future Land Use Element (FLUE).
3. The project development is compatible and complementary to existing and future
surrounding land uses as required in Policy 5.4 of the FLUE.
4. The project development will result in an efficient and economical extension of
community facilities and services.
5. All final local development orders for this project are subject to Sections 6.02.00 and
10.02.07 of the Collier County Land Development Code (LDC).
6. The Bembridge ESC CFPUD is compatible with and complementary to existing and
future surrounding land uses and is considered to be consistent with Policy 5.4 of the
FLUE.
Bembridge PUD; PUDZ-A-2004-AR-5998
PUD document revised 8-18-05
4
Agenda Item No. 88
September 13, 2005
Page 130 of 143
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 ofthe Bembridge ESC CFPUD.
1,2 LEGAL DESCRIPTION
The subject property is currently known as the Bembridge PUD, which is
approximately 39.82::l:: acres, located in Section 4, Township 50 South, and Range
26 East, and described as follows:
The Northwest 1/4 of the Southwest 1/4 of Section 4, Township 50 South, Range 26
East, Collier County, Florida.
Tax Folio Numbers: 00399840007, 00400246406, 00400246309
1.3 PROPERTY OWNERSHIP
The subject property is currently under the ownership of Collier County, 3301
Tamiami Trail East, Naples, FL 34112, and the Collier County School District,
5775 Osceola Trail, Naples, FL 34109.
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
A. The project is located on the east side of Santa Barbara Boulevard
approximately 2,906 feet south of Radio Road and 1,396 feet north of Davis
Boulevard.
B. The zoning classification of the subject property prior to the effective date of
this approved CFPUD Document was Planned Unit Development (PUD). That
PUD was approved by the Board of County Commissioners in 1998 (Ordinance
98-86) for residential and church use with a nursing home. Prior to that date it
was designated Agricultural.
C. Collier County Public Schools purchased 39.82::l:: acres of the Bembridge PUD
in January 2000 to build the Calusa Park Elementary SchooL In 2001 and 2002,
Collier County purchased a 5.998::l:: acre parcel and a 7::l:: acre parcel from the
Bembridge PUD; PUDZ-A-2004-AR-5998
PUD document revised 8-18-05
5
Agenda Item No. 8B
September 13, 2005
Page 131 of 143
School District of Collier County to build the ESC Center and EMS Station #19
and water management lakes.
D. The property has received the following approvals:
1. SDP approval for EMS Station #19 (SDP-2003-AR-4786), May, 2004.
1.5 PHYSICAL DESCRIPTION
The project site is located within the Lely Canal Sub-basin. Run-off from the site is
routed to the Davis Boulevard swale via an improved easement along the eastern
boundary of the Shoppes at Santa Barbara PUD, and then southerly from the Davis
Boulevard swale system along County Barn Road, around the Royal Wood
Development to a canal which is tied to the Lely Canal. The current permitted,
pumped discharge will be replaced by a system of interconnected lakes designed for
water quality treatment and run-off attenuation to pre-development rates. A water
management lake will be constructed by the Collier County Transportation Division
on five acres located in the southwest comer of this CFPUD, which will serve Santa
Barbara Boulevard (6-lanes), EMS Station #19, and Calusa Park Elementary
School. An existing detention lake is located in the central area of the CFPUD on
the elementary school site.
Elevations within the project site range from 9.5 to 10.5 feet above mean sea level.
The site is within Flood Zone "X" as shown on FEMA Firm Panel 120067 04 15.
The soils on this site are primarily Boca fine sand and Pineda fine sand and are
modified by development of the site.
1.6 PROJECT DESCRIPTION
The Bembridge ESC CFPUD is a multi-use project. Major uses consist of those
related to public safety (emergency medical services), the existing Calusa Park
Elementary School and related auxiliary school facilities, and water management
facilities which will serve these facilities and Santa Barbara Boulevard.
1.7 SHORT TITLE
This Ordinance shall be known and cited as the "Bembridge ESC Community
Facilities PUD Ordinance."
Bembridge PUD; PUDZ-A-2004-AR-5998
PUD document revised 8-18-05
6
Agenda Item No. 88
September 13, 2005
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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, and 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 Bembridge ESC CFPUD shall be in
accordance with the contents of this Document, CFPUD-Planned Unit
Development District and other applicable sections and parts of the Collier
County LDC and GMP 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 County LDC shall apply to the ESC
Tracts "'A" and "B". Tract "'C", Calusa Park Elementary School and auxiliary
facilities are subject to the Interlocal Agreement between the Collier County
School District and Board of County Commissioners adopted in May 2003.
B. Unless otherwise noted, the definitions of all terms in this CFPUD Document
have the same meaning as the definitions set forth in Collier County LDG
C. All conditions imposed and all graphic material presented depicting restrictions
for the development of the Bembridge ESC CFPUD shall become part of the
regulations that govern the manner in which the Bembridge ESC CFPUD site
shall be developed.
D. The provisions of Section 1O.02.03.A.3.a. and b. of the Collier County LDC and
the lnterlocal Agreement (Adopted May 2003), where applicable, remain in full
force and effect with respect to the development of the land which comprises
the Bembridge ESC CFPUD.
E. The CFPUD Master Plan is illustrated graphically as Exhibit A. A Land Use
Summary indicating approximate land use acreages is shown on the Plan. The
location, size and configuration of the individual water management features
and development tracts shall be determined at the time of final site development
plan approval with minor adjustments at the time of final plan approval, in
accordance with Section 10.02.03, of the LDC.
Bembridge PUD; PUDZ-A-2004-AR-5998
PUD document revised 8-18"()5
7
Agenda Item No. 88
September 13, 2005
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2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
A. The layout of streets and use of land for the various tracts is illustrated
graphically by Exhibit A, CFPUD Master Plan. There shall be two land use
tracts (Tracts "A" and "C") with necessary water management lakes, street
rights-of-way, the general configuration of which is also illustrated by Exhibit
A. Tract "A" represents the future education plant and Emergency Management
Services building and related facilities. Tract "C" represents the existing Calusa
Park Elementary School. An additional development tract, Tract "B", represents
the lake and lake expansion area which will provide detention for storm water
run-off from the ESC facilities and the Santa Barbara Boulevard road
improvements.
B. In addition to the various areas and specific items shown on Exhibit A, such
easements as necessary (utility, private, semi-public, etc.) shall be established
within or along the various tracts as may be necessary.
2.4 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE
The EMS Station #19 shall not exceed 7,000 square feet. Ancillary uses, such as
heating, cooling, air conditioning mechanical equipment buildings and radio tower
equipment areas, do not count towards this building area allocation.
2.5 RELA TED PROJECT PLAN APPROVAL REQUIREMENTS
A. Final plans for all required improvements shall receive approval of the
appropriate Collier County governmental agency to insure compliance with the
Bembridge ESC CFPUD Master Plan, the Collier County Subdivision Code,
and the platting laws of the State of Florida.
B. Exhibit A, Bembridge ESC CFPUD Master Plan constitutes the required PUD
development plan.
C. The provisions of Section 10.02.03 of the Collier County LDC, when
applicable, shall apply to the development of all platted tracts, or parcels of land
as provided in said Section prior to the issuance of a building permit or other
development order.
D. Appropriate instruments shall be provided at the time of infrastructural
improvements regarding any dedications and method for providing perpetual
maintenance of common facilities.
Bembridge PUD; PUDZ-A-2004-AR-5998
PUD document revised 8-] 8-05
8
Agenda Item No. 88
September 13, 2005
Page 134 of 143
2,6 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN
Amendments may be made to the CFPUD as provided in the Collier County LDC,
Section IO.02.13.E.
Bembridge PUD; PUDZ-A-2004-AR-5998
PUD document revised 8-18-05
9
Agenda Item No. 88
September 13, 2005
Page 135 of 143
SECTION III
COMMUNITY FACILITIES PLAN
3,1 PURPOSE
The purpose of this Section is to identify permitted uses and development standards
for areas so designated on Exhibit A, Bembridge ESC CFPUD Master Plan.
3,2 GENERAL DESCRIPTION
The CFPUD provides for a maximum of 7,000 square feet of building area for
permitted and accessory emergency operations uses as well as the existing Calusa
Park Elementary School, on 39.82:t acres. Ancillary uses, such as HV AC and radio
tower equipment areas, do not count towards this building area allocation.
3.3 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land
used, in whole or part, for other than the following:
A. Permitted Principal Uses and Structures:
1. Educational plants (Tracts "A" and "C")
2. Emergency medical services (Tract "A")
Bembridge PUD; PUDZ-A-2004-AR-5998
PUD document revised 8-18-05
10
Agenda Item No. 88
September 13, 2005
Page 136 of 143
B. Uses Accessory to Permitted Uses:
1. Accessory uses and structures customarily associated with the principal
uses.
2. Residential and commercial uses of an accessory nature which are
incidental and customarily associated with support of a primary public use
on the site for public purposes and which are consistent with the GMP.
3. Temporary use of the site for public purposes in accordance with Section
1O.02.06.G. of the LDC.
4. Parking facilities (Tract "A" and "C").
5. HV AC plants and other like facilities (Tract "A" and "C").
6. Major maintenance and service facilities (Tract "A" and "C")
3,4 DEVELOPMENT STANDARDS
A.
Minimum Lot Area:
None required.
B.
Minimum Lot Width:
None required.
C. Minimum Yards:
1. Principal & Accessory Structures
a.
Perimeter of CFPUD
abutting residentially
zoned property.
Fifty (50) feet or Y2 the building
height, whichever is greater.
b.
Perimeter of CFPUD
abutting non residentially
zoned property.
Twenty- five (25) feet or Y2 the building
height, whichever is greater.
c.
Waterfront
Zero (0) feet to bulkhead or
rip-rap at top or bank, otherwise
20 feet.
D. Distance Between Principal Structures on the Same Parcel:
A minimum of 15 feet or one-half the sum of the building heights as
measured by the closest exterior building walls, whichever is greater.
E. Distance Between Accessory Structures on the Same Parcel:
A minimum of 10 feet between detached accessory structures and between
accessory structures and principal structures.
Bembridge PUD; PUDZ-A-2004-AR-5998
PUD document revised 8-18-05
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Agenda Item No. 88
September 13, 2005
Page 137 of 143
F. Maximum Building Height:
1. Principal buildings shall not exceed 40 feet III height or 3 stories,
whichever is less.
2. Accessory structures shall not exceed 30 feet in height.
3.5 PROVISIONS FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL
The excavation and stockpiling of earthen material in preparation of water
management facilities or to otherwise develop water bodies is hereby permitted.
Off-site disposal is also hereby permitted subject to the following conditions:
A. Excavation activities shall comply with "clear and fill" application requirements
pursuant to Subsection 4.06.04.A.1.a.iii of the LDC. Off-site removal shall be
limited to 10% of the total volume excavated, but not to exceed 20,000 cubic
yards as set forth in the Collier County Code of Laws and Ordinances.
B. All other provisions of the Collier County Code of Laws and Ordinances, shall
apply,
3.6 LANDSCAPE BUFFERS. BERMS. FENCES. AND WALLS
The following standards shall apply:
A. Landscape berms shall have the following maximum side slopes:
1. Grassed berms 4: 1
2. Ground cover berms
Perimeter 3: 1
Internal to project 3: I
3. Structural walled berms - vertical
B. Landscape buffers, berms, gates, fences and walls may be constructed within
the landscape buffer tract along the perimeter of the Bembridge ESC CFPUD
boundary prior to preliminary subdivision plat and site development plan
submittal. Sidewalks shall meet the requirements of Section 4.06.02.D.4 of the
LDC. Landscape and irrigation plans shall be submitted to Collier County
Community Development and Environmental Services (CDES) for approval
prior to construction.
Bembridge PUD; PUDZ-A-2004-AR-5998
PUD document revised 8-18-05
12
Agenda Item No. 88
September 13. 2005
Page 138 of 143
C. Pedestrian sidewalks and/or bike paths, water management systems, drainage
structures, and utilities may be allowed in landscape buffers as permitted by
Section 4.06.02.D.4. of the LDC.
3.7 DESIGN GUIDELINES AND STANDARDS
The Bembridge ESC CFPUD is intended to encourage ingenuity, innovation and
imagination in the planning, design and development or redevelopment of relatively
large tracts ofland as set forth in Section 2.03.06. of the LDC.
3,8 GENERAL PERMITTED USES
Certain uses shall be considered general permitted uses throughout the Bembridge
ESC CFPUD. General permitted uses are those uses which generally serve the
facilities.
A. General Permitted Uses:
1. Essential services as set forth under Section 2.01.03.A. of the LDC.
2. Water management facilities and related structures.
3. Lakes, including lakes with bulkheads or other architectural or structural
bank treatments.
4. Guardhouses, gatehouses, and access control structures.
5. Temporary construction and administrative offices for authorized
contractors and consultants, including necessary access ways, parking areas
and related uses.
Bembridge PUD; PUDZ-A-2004-AR-5998
PUD document revised 8-18-05
13
Agenda Item No. 8B
September 13, 2005
Page 139 of 143
3,9 SIGNAGE
All signs shall be in accordance with Section 5.06.00 of the LDC with the exclusion
of signs for Calusa Park Elementary School which are subject to the provisions of
Section 10.02.03.A.3.a. and b. of the Collier County LDC and the lnterlocal
Agreement of May 2003. Two entry signs for the Calusa Park Elementary School
shall be permitted, if one is a marquee sign (see Subsection 4.13.F of this
Document).
3,10 SIDEWALKSIBIKEPATHS
A. Pursuant to Section 6.06.02 of the LDC and Section 3.6 and 4.9 of the
Bembridge ESe CFPUD, sidewalkslbikepaths shall be permitted as follows:
1. An internal sidewalk shall be permitted within drainage easements.
2. Sidewalks may be located outside platted rights-of-way when
located within a separate sidewalk easement.
3. Sidewalks may be located within landscape buffers and/or
easements.
Bembridge PUD; PUDZ-A-2004-AR-5998
PUD document revised 8-18-05
14
Agenda Item No. 88
September 13, 2005
Page 140 of 143
SECTION IV
GENERAL DEVELOPMENT COMMITMENTS
4.1 PURPOSE
The purpose of this Section is to set forth the development commitments for the
Bembridge Emergency Services Complex CFPUD.
4.2 GENERAL
All facilities shall be constructed in strict accordance with final site development
plans and all applicable State and local laws, codes, and regulations applicable to
this CFPUD in effect at the time of site plan submittal with the exclusion of Calusa
Park Elementary School which is subject to the requirements Section
10.02.03.A.3.a. and b. of the LDC and the Interlocal Agreement of May 2003.
Except where specifically noted or stated otherwise, the standards and
specifications of Chapter 4 of the LDC shall apply to this project. The developer,
its successor and assigns, shall be responsible for the commitments outlined in this
Document.
The developer, its successor or assignee, shall follow the Master Plan and the
regulations of the CFPUD as adopted, and any other conditions or modifications as
may be agreed to in the rezoning of the property. In addition, any successor or
assignee in title to the developer, is bound by the commitments within this
Document.
4.3 CFPUD MASTER PLAN
A. The Bembridge ESC CFPUD Master Plan (Exhibit A) is an illustration of the
conceptual development plan. Tracts and boundaries shown on the plan are
conceptual and shall not be considered final. Actual tract boundaries shall be
determined at the time of site development plan approval.
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.
4.4 SCHEDULE OF DEVELOPMENTIMONITORING REPORT AND SUNSET
PROVISION
A. Sunsetting: The Bembridge ESC CFPUD shall be subject to the sunset
provisions of Section 1O.02.13.D of the LDC, as amended.
Bembridge PUD; PUDZ-A-2004-AR-5998
PUD document revised 8-18-05
15
Agenda Item No. 88
September 13, 2005
Page 141 of 143
B. Monitoring Report: An annual PUD monitoring report shall be submitted
pursuant to Section 10.02.13.F of the LDC.
4.5 ENGINEERING
A. All project development shall be consistent with the LDC.
4.6 UTILITIES
A. Water distribution, sewage collection, and transmISSIon systems shall be
constructed throughout the project by the developer. Potable water and sanitary
sewer facilities constructed within platted rights-of-way or within dedicated
County utility easements shall be conveyed to Collier County, pursuant to
Collier County Ordinance 04-31, as may be amended.
B. Upon completion of the utility facilities, the facilities shall be tested to insure
they meet Collier County utility construction requirements in effect at the time
construction plans are approved.
4.7 WATERMANAGEMENT
A. A SFWMD surface water management permit shall be obtained pnor to
approval of the site development plan.
B. An excavation permit shall be required for the proposed lakes in accordance
with the Collier County Code of Laws and Ordinances. All lake dimensions
shall be approved at the time of excavation permit approval.
4.8 ENVIRONMENTAL
A. A minimum of thirty (30) percent open space of the gross area of the site, as
described in Section 4.02.01.B of the LDC, shall be provided.
B. An exotic vegetation removal, monitoring and maintenance plan for the site,
with emphasis on the preserve/open space areas, shall be submitted to the
Department of Environmental Services Staff for review and approval prior to
final site plan/construction plan approval.
C. This CFPUD shall be consistent with the Environmental Sections of the Collier
County GMP and the Collier County LDC in effect at the time of final
development order approval.
Bembridge PUD; PUDZ-A-2004-AR-5998
PUD document revised 8-18-05
16
Agenda Item No. 88
September 13, 2005
Page 142 of 143
D. Environmental permitting shall be in accordance with the State of Florida
Environmental Resource Permit Rules and be subject to review and approval by
the Environmental Services Review Staff. Removal of exotic vegetation shall
not be counted towards mitigation for impacts to Collier County jurisdictional
wetlands.
E. All approved agency (SFWMD, ACOE, FFWCC) permits shall be submitted
prior to final plan/construction plan approval.
4.9 TRANSPORTATION
A. All traffic control devices, signs, pavement markings and design criteria shall be
in accordance with Florida Department of Transportation (FDOT) Manual of
Uniform Minimum Standards (MUMS), current edition, FDOT Design
Standards, current edition, and the Manual On Uniform Traffic Control Devices
(MUTCD), current edition. All other improvements shall meet the requirements
of the Collier County LDC .
B. Arterial level street lighting shall be provided at all access points. Access
lighting shall be in place prior to the issuance of the first certificate of
occupancy (CO).
C. All work within Collier County rights-of-way or public easements shall require
a right-of-way permit.
D. The development shall be designed to promote the safe travel of all roadway
users including bicyclists, and shall provide for the safety of pedestrians
crossing said roadways. Sidewalks shall be separated from vehicular traffic in
accordance with recognized standards and safe practices, as determined by
Collier County Transportation Services Staff.
4.10 ACCESSORY STRUCTURES
Accessory structures shall be constructed simultaneously with or following the
construction of the principal structure, except for a construction site administrative
office.
Bembridge PUD; PUDZ-A-2004-AR-5998
PUD document revised 8-18-05
17
Agenda Item No. 88
September 13, 2005
Page 143 of 143
4.11 LANDSCAPING FOR OFF-STREET PARKING AREAS
All landscaping for off-street parking areas shall be in accordance with Section
4.06.00 of the LDC in effect at time of building permit application.
4.12 DEVIATIONS FROM LAND DEVELOPMENT CODE
A. Deviation withdrawn
B. Deviation withdrawn
C. Deviation withdrawn
D. Deviation withdrawn
E. Deviation withdrawn
F. Subsection 5.06.00 of the LDC - Signs
Deviation from Subsection 5.06.06.C.1 of the LDC, which limits the number of
signs to one ground sign or one pole sign. Calusa Park Elementary School shall be
permitted two entry signs with one being a marquee sign.
G. Deviation withdrawn
Bembridge PUD; PUDZ-A-2004-AR-5998
PUD document revised 8-] 8-05
18
Agenda Item No. 8e
September 13, 2005
Page 1 of 23
,.........~"
EXECUTIVE SUMMARY
A request that the Collier County Board of County Commissioners (Board) adopt an
ordinance amending Ordinance No. 91-102, as amended, the Collier County Land
Development Code (LDC) to add the amendments of LDC Special Cycle 2a, authorized by
the Board for the following purposes. Amendment of Section 2.03.07 Overlay Zoning
Districts adds implementing provisions for three (3) new Transfer of Development Rights
(TDR) Bonuses outlined in the Growth Management Plan (GMP) amendment CP-2004-4.
Amendment of Section 2.03.08 is required to implement the "glitch" amendment CPSP-
2003-11 to the GMP as well as further implementing the TDR Bonus Credits and Rural
Village Standards as adopted in the GMP. Amendment of Section 10.02.13 Planned Unit
Development (PUD) Procedures is to add provisions for PUD expiration and retirement of
excess numbers of dwelling units.
OBJECTIVE: To amend the provisions of the Collier County Land Development Code (LDC)
to best serve the interests of the citizens of Collier County.
CONSIDERATIONS: Amendment of Section 2.03.07 Overlay Zoning Districts adds
implementing provisions for three (3) new Transfer of Development Rights (TDR) Bonuses
outlined in the Growth Management Plan (GMP) amendment CP-2004-4. Amendment of
Section 2.03.08 is required to implement the "glitch" amendment CPSP-2003-l 1 to the GMP as
well as further implementing the TDR Bonus Credits and Rural Village Standards as adopted in
the GMP. Amendment of Section 10.02.13, Planned Unit Development (PUD) Procedures, to
add provisions for PUD expiration and retirement of excess numbers of dwelling units.
FISCAL IMPACT: None
GROWTH MANAGEMENT IMPACT: The first two of three amendments, which would be
adopted under this ordinance, are intended to bring the LDC into consistency with new
amendments to the Growth Management Plan. The third amendment, PUD expiration and
retirements of excess numbers of dwelling units, will have no impact on the Growth
Management Plan.
LEGAL CONSIDERATIONS: This ordinance has been reviewed for legal sufficiency by the
County Attorney's Office.
RECOMMENDATION: Staff recommends that the Board adopt these amendments to the
LDC to foster greater participation in the TDR program. Staff recommends adoption of the
provisions for PUD expiration and retirement of excess numbers of dwelling units to strengthen
the accuracy of the Concurrency Management System to coordinate the availability of new
capacity with the impacts of current final local development orders.
-. Prepared by: Catherine Fabacher
Principal Planner, LDC
Zoning & Land Development Review
Item Number:
Item Summary:
Meeting Date:
Agenda hem No Be
Seplernberl3, :2D05
P80e 2 of 23
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
8C
This item to be heard at 11 :00 a tn. A request that the Collier' COlmiy Bl)cHd of COiJllly
Commissioners (Boflrd)o!ldopt an ordinance amending Ordinance No. 91" 1 02. as amended
Ihe Collier County Land Dellelopmf:nf Code (LDG) to add the amendments 01 LDC Special
Cyde 2a, <tulhoriled hy the Boald tor the following purpc)(.;e5. Amendment of Section 2 03.07
OverlAY Zoning Districts Adds implementing provision!) for three (3) new Transler of
Development Rights (TOR) Bonuses outlined in the Growth Management Plan (GMP,
amendment CP.2004..4, Amendment of Section 2.03.06 is lequirell to implemefll1he "glitch"
amendment CPSP-20D3-11 to the GMP, as wtilll as, further implernentinu the TDR Bonus
Credits and Rural Vill~ge Standards as adopted in the GMP. Amendment of Section 10,02,13
PlfH'lI1fHI Unit Developmen1 (PUD) Procedules to add provisions for PUD expiration and
retirement ot ellcess numbers 01 dwelling units.
9/13/20059:00:00 AM
Date
Prepared By
Catherine Fab<lcher
Community Development &
Envircnmental Servicos.
Pnncipal Planner
Zoning & Land Development Review
8/22120059:01:01 AM
D...
Approved By
Sandra Lea Executive Secretary
Community Development & Community Dilveloplllent &
Environmental Services Environmental Services Admin.
8/23/2005 {J:41 AM
Marjorie M. Student
Dot.
A pprlwcd By
County Attorney
Auistant County Attorney
County Attorney Office
8/25120059:56 AM
ApprlJ\'cd By
Susan Murray, AICP
Community Development &
Environmental Services
Zoning & Land Developmont Director
Oat.
Zonmg & land Development Review
8/261200512:45 PM
Oat.
AIJpro\led By
COllstance A. Johnson Operations Analyst
Community Development & Community De....elopment &
En....ironment..1 Services Environmental ServIces Admin.
8/2t1l2005 12:49 PM
Apprll\'cd By
Date
J06eph K. Schmitt
Community Development &
Environmental Services
Comrnunity Development &
Environmental Services Adminstrntor
Community Development &
EnvJrol1tnenlll1 Ser....ices Admin.
8/26120053:59 PM
[)<lIe
Appnl\'cd By
OMS Coordinlltor
County Manager's Offico
Administrative Assistant
Office of M./lnll[le~nt & Budget
8/2912D05 9:42 AM
Date
Approved By
Mark ISDckson
County Manager'$ Office
Budget AnalY$t
Office of Mllnngement & Budget
8.'30/20059:20 AM
Oat.
Apprnved 8)'
Michncl Smykow'Ski
COllnty Manager's Office
Management & Budget Director
Office of M.tnng~men1 & Budget
8/J112005 J: 10 PM
Data
Apl,roved By
James V. Mudd
Board of County
Commissioners
County Manager
County MalInger's Office
9/212005 5:37 PM
Agenda Item No. 8e
September 13. 2005
Page 3 of 23
ORDINANCE NUMBER 05-
AN ORDINANCE AMENDING ORDINANCE NUMBER 04-41,
AS AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS;
SECTION TWO, FINDINGS OF FACT; SECTION THREE,
ADOPTION OF AMENDMENTS TO THE LAND
DEVELOPMENT CODE, l\lORE SPECIFICALLY AMENDING
THE FOLOWING: CHAPTER TWO - ZONING DISTRICTS
AND USES, INCLUDING SECTION 2.03.07 OVERLAY
ZONING DISTRICTS, SECTION 2.03.08, RURAL FRINGE
ZONING DISTRICTS; CHAPTER 10 - APPLICATION,
REVIEW AND DECISION-MAKING PROCEDURES,
INCLt.:DlNG SECTION 10.02.13, PLANNED UNIT
DEVELOPMENT (PUD) PROCEDURES; SECTION FOUR,
CONFLICT AND SEVERABILITY; SECTION FIVE,
INCLUSION IN THE COLLIER COUNTY LAND
DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE
DATE.
WHEREAS, On October 30, 1991, the Collier County Board of County
Commissioners (Board) adopted Ordinance No. 91-102, the original codification of the
Collier County Land Development Code (hereinafter LDC), which has been subsequently
re-codified by Ordinance No. 04-41, as amended; and
WHEREAS, the LDC may not be amended more than two times each calendar
year unless additional amendment cycles are approved by the Collier County Board of
County Commissioners pursuant to LDC Section 10.02.09; and
WHEREAS, On March 18, 1997, the Board adopted Resolution No. 97-177,
establishing local requirements and procedures for amending the LDC; and
WHEREAS, on July 26, 2005, the Board approved a special cycle for the
provisions set forth in this ordinance; and
WHEREAS, all procedural requirements of the LDC Resolution and 97-177 have
been met; and
WHEREAS, the Board, in a manner prescribed by law, did hold all required
advertised public hearing and did take action concerning these amendments to the LDC;
and
WHEREAS, all applicable substantive and procedural requirements of the law
have otherwise been met.
NOW THEREFORE BE IT ORDAINED by the Board of County Commissioners
of Collier County, Florida, that:
SECTION ONE: RECITALS:
The above recitals are true and correct and are hereby incorporated by reference
herein.
SECTION TWO: FINDINGS OF FACT
The Board of County Commissioners of Collier County, Florida, hereby make the
following findings of fact:
1. Collier County, pursuant to Sec. 163.3 161, et seq., Fla. Stat., the Florida Local
Government Comprehensive Planning and Land Development Regulations
Act (hereinafter the "Ace), is required to prepare and adopt a Comprehensive
Plan.
Page 1 of 21
Words stmek tFireH;;Fi are deleted; words underlined are added.
Agenda Item No. 8e
September 13. 2005
Page 4 of 23
2. After Adoption of the Comprehensive Plan, the Act and in particular Sec.
163.3202(1). Fla. Stat. mandates that Collier County adopt land development
regulations that are consistent with and implement the adopted comprehensive
plan.
3. Sec. 163.3201, Fla. Stat., provides that it is the intent of the Act that the
adoption and enforcement by Collier County of land development regulations
for the total unincorporated area shall be based on, be related to, and be a
means of implementation for, the adoption Comprehensive Plan as required
by the Act.
4. Sec. 163.3194(1) (b), Fla. Stat., requires that all land development regulations
enacted or amended by Collier County be consistent with the adopted
Comprehensive Plan, or element or portion thereof, and any land development
regulations existing at the time of adoption which are not consistent wit the
adopted Comprehensive Plan, or element or portion thereof, shall be amended
so as to be consistent.
5. Sec. 163.3202(3) Fla. Stat., states that the Act shall be construed to encourage
the use of innovative land development regulations.
6. On January 10, 1989, Collier County adopted the Collier County Growth
Management Plan (hereinafter the "Growth Management Plan" or "GMP") as
its Comprehensive Plan pursuant to the requirements of Sec. 163.3161 et seq.
Fla. Stat., and Rule 9J-5, F.A.C.
7. Section 163.3194(1) (a), Fla. Stat., mandates that after a Comprehensive Plan,
or element or portion thereof, has been adopted in conformity with the Act.
All development undertaken by, and all actions taken in regard to,
development orders by, governmental agencies in regard to land covered by
such Comprehensive Plan, or element or portion thereof, shall be consisted
with such Comprehensive Plan or element or portion thereof.
8. Pursuant to Sec. 163.3194(3) (a), Fla. Stat, a development order or land
development regulation shall be consistent with the Comprehensive Plan if the
land uses, densities or intensities, and other large aspects of development
permitted by such order or regulation are compatible with and further the
objectives, policies, land uses, and densities or intensities in the
Comprehensive Plan and if it meets all other criteria enumerated by the local
government.
9. Section 163.3194(3)(b) Fla. Stat., requires that a development approved or
undertaken by a local government shall be consistent with the Comprehensive
Plan if the land uses, densities or intensities, capacity or size, timing, and
other aspects of development permitted are compatible with, and further the
objectives, policies, land uses, densities or intensities in the Comprehensive
Plan and if it meets all other criteria enumerated by the local government.
10. On October 30, 1991, Collier County adopted the Collier County Land
Development Code, which became effective on November 13, 1991.
11. Collier County finds that the Land Development Code is intended and
necessary to preserve and enhance the present advantages that exist in Collier
County; encourage the most appropriate use of land, water and resources,
consistent with the public interest; overcome present handicaps; and deal
effectively with future problems that may result from the use and development
ofland within the total unincorporated are of Collier County and it is intended
that this Land Development Code preserve, promote, protect and improve the
public health, safety, comfort, good order, appearance, convenience, and
general welfare of Collier County; prevent the overcrowding of land and
avoid the undue concentration of population; facilitate the adequate and
efficient provisions of transportation, water, sewage schools, parks,
Page 2 of21
Words ~tnl6k threHgfl are deleted; words underlined are added.
Aaenda Item No. 8e
September 13, 2005
Page 5 of 23
recreational facilities, housing, and other requirements and services,
conserve, develop, utilize, and protect natural resources within the jurisdiction
of Collier County; and protect human, environmental, social, and economic
resources; and maintain through orderly growth and development, the
character and stability of present and future land uses and development in
Collier County.
12. It is the intent of the Board of County Commissioners of Collier County to
implement the Land Development Code in accordance with the provisions of
the Collier County Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter
163, Fla. Stat., and through these amendments to the code.
13. On March 21, 1990, Collier County implemented its concurrency
management system as set forth in the Capital Improvement Element and
Traffic Circulation Element of the Growth Management Plan by adopting the
Adequate Public Facilities Ordinance No. 90-24, and
14. On January 8, 2003, the County adopted Ordinance No. 03-01, which
provided for substantial amendments to its Adequate Public Facilities
Regulations as codified in the Land Development Code (presently Sections
6.02.00 and 10.02.07) to establish basic structure of the current concurrency
management system (CMS); and
IS. The amended CMS utilizes a real-time, "checkbook" concurrency system for
coordinating the timing of construction of transportation facilities capacity
with final local development order approvals; and
16. Nearly fifteen (15) years have elapsed since the adoption of the original
concurrency management system and two (2) years have passed since the
adoption of the checkbook CMS; and
17. Since adoption of the Growth Management Plan in 1989, the Board of County
Commissioners has approved 115+ Planned Unit Development (PUD) Zoning
Districts approving a maximum number of 65,000+ new residential dwelling
units which may be authorized to be built; and
18. Many of these residential PUD Zoning Districts and residential portions of
mixed use PUD Zoning Districts have completed construction of all
development areas and phases within those districts, and the number of actual
residential dwelling units that have been built are significantly less than the
maximum number authorized by the above-described PUD Zoning Districts;
and
19. There are presently certain deficient roadway segments operating below their
Adopted Level of Service (LOS) Standard within the County, approximately
some of which are considered deficient under the checkbook CMS, thereby
delaying approval of otherwise permissible final local development orders due
to capacity being reserved for a portion of the total number of approved but
unbuilt residential dwelling units within the various PUD Zoning Districts;
and
20. Presently some roadway segments are operating or projected to operate at an
unacceptable LOS within the next five years when the impacts of proposed
PUD zoning districts are evaluated under the criteria of Policy 5,1 of the
Transportation Element which requires the Board deny approval due to
capacity being reserved for a portion of the total number of approved but
unbuilt residential dwelling units within the various PUD Zoning Districts;
and
21. Neither the PUD Zoning District regulations nor the Land Development Code
require that any excess numbers of un built residential dwellings must be built;
and
Page 3 of21
Words strael: tm-SligH are deleted; words underlined are added.
Agenda Item No. 8e
September 13. 2005
Page 6 of 23
22. The large amount of reserved capacity required as part of the CM S for these
approved but unbuilt residential dwelling units may indefinitely delay
approval of otherwise acceptable new development on the potentially
deficient or deficient roadways; and
23. This has resulted in a situation that could affect development on such roadway
segments for many years and result in the unneeded or premature expenditures
of public resources to create capacity for transportation facilities; and
24. By eliminating these approved but unbuilt residential dwelling units within the
various PUD Zoning Districts the County further intends to strengthen the
accuracy of its CMS to coordinate the availability of new capacity with the
impacts of current final local development orders; and
25. The County hereby determines that it is in the best interest of the residents of
the County to establish a processes that will allow for the voluntary
termination of, or authorize the County to terminate the development rights
for, the approved but unbuilt residential dwelling units in the various PUD
Zoning Districts to reflect the actual number of built units; and
26. The County further determines that it would serve a public purpose and it is in
the best interest of the residents of the County to require that the regulations
for all new PUD Zoning Districts as well as existing PUD Zoning Districts
that are being, or will be amended, provide for an expiration date for further
residential development.
SECTION THREE A: AMENDMENTS TO SECTION 2.03.07 OVERLAY
ZONING DISTRICTS
Amend the LDC as follows:
2.03.07 Overlay Zoning Districts
. . . . . . . . . . .
D. Special Treatment Overlay "ST".
* * . . . . . * * . *
4. Transfer of Development Rights (TDR).
. . * * . . * . * . *
c. TDR credits from RFMU sending lands: General Provisions
i. Creation ofTDR credits.
a) TDR credits are generated from RFMU sending lands at a rate
of 1 TDR credit per 5 acres ofRFMU Sending Land or, for those
legal non-conforming lots or parcels of less than 5 acres that were
in existence as of June 22, 1999, at a rate of 1 TDR credit per
legal non-conforming lot or parcel.
b) For lots and parcels 5 acres or larger, the number of TDR
credits generated shall be calculated using the following formula:
# of acres x 0.2 = # ofTDR credits generated.
Where the number of TDR credits thus calculated is a fractional
number, the number of TDR credits created shall be rounded to
the nearest 1/1 Oath.
ii. Creation of TDR Bonus credits. TDR Bonus credits shall onlv be
generated from RFMU sendiDl! land property from which TDR credits
have been severed. The three types TDR Bonus credits are as follows:
Page 4 of21
Words stniek t!:J.roligll. are deleted; words underlined are added.
Agenda Item No. 8e
September 13. 2005
Page 7 of 23
a) Environmental Restoration and Maintenance Bonus credits.
Environmental Restoration and Maintenance Bonus credits are
generated at a rate of 1 credit for each TOR credit severed from that
RFMU sending land for which a Restoration and Management Plan
(RMP) has heen accepted bv the County. In order to be accepted, a
RMP shall satisfy the following:
1) The RMP shall include a listed species management plan.
2) The RMP shall complv with the criteria set forth in 3.05.08.A.
and B.
3) The RMP shall provide financial assurance, in the form of a
performance surety bond or similar financial securitv, that the
RMP shall remain in place and be performed, until the earlier of
the following occurs:
a. Viable and sustainable ecological and hvdrological
functionalitv has been achieved on the property as measured
bv the success criteria set forth in the RMP.
b. The property is conveved to a County. state, or federal
agencv as provided in b) below.
4) The RMP shall provide for the exotic vegetation removal and
maintenance to be performed bv an environmental contractor
acceptable to the County.
b) Convevance Bonus credits. Convevance Bonus credits are
generated at a rate of 1 credit for each TOR credit severed from that
RFMU sendiD!! land that is conveved in fee simple to a federal. state,
or local government agencv as a gift. Convevance Bonus credits
shall onlv be generated from those RFMU sendiD!! land properties
on which an RMP has been accepted as provided in a) above.
c) Earlv Enov Bonus credits. Earlv EnOV Bonus credits shall be
generated at a rate of 1 additional credit for each TOR credit that is
severed from RFMU sending land for the period from March 5,
2005, until three vears after the adoption of this regulation. Early
EnOV Bonus credits shall cease to be generated after the termination
ofthis earlv entrY bonus period. However. Earlv Entrv Bonus credits
mav continue to be used to increase density in RFMU and non-
RFMU Receiving Lands after the termination of the Early Entry
Bonus period.
iii. Calculation of TOR Bonus credits.
a) Environmental Restoration and Maintenance Bonus credits are
calculated as follows:
# TOR credits generated from property x %
property subiect to an approved RMP
b) Convevance Bonus credits are calculated as
follows:
# TOR credits generated from propertY x %
property subiect to an approved RMP and
conveved as provided in ii.b) above.
c) Earlv Entry Bonus credits are calculated as
follows:
# TOR credits generated within Earlv EnOV
period x 1.
Tr.- ll: Receipt of TOR credits or TOR Bonus credits from RFMU
sending lands. TOR credits or TOR Bonus credits from RFMU
sending lands may be transferred into Urban Areas, the Urban
Residential Fringe, and RFMU receiving lands, as provided in
Sections 2.03.07. (4)(d) and (e) below.
Page 5 of21
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Agenda Item No. 8e
September 13. 2005
Page 8 of 23
+Hr!:. Prohibition on transfer of fractional TORS credits and TOR
Bonus credits. While fractional TOR credits and TOR Bonus
~ may be created, as provided in (iil above, TOR credits and
TOR Bonus credits may only be transferred from RFMU sending
lands in increments of whole, not fractional, dwelling units .
Consequently, fractional TOR credits and fractional TOR Bonus
~ must be aggregated to form whole units, before they can be
utilized to increase density in either non-RFMU Receiving Areas or
RFMU Receiving lands.
w-ll:, Prohibition on transfer of development rights.
a) Neither TOR credits nor TOR Earlv Entry Bonus credits shall
'** be transferrea generated from RFMU sending lands where a
conservation easement or other similar development restriction
prohibits the residential development of such property, with the
exception of those TOR Earlv Entry Bonus credits associated
with TOR credits severed from March 5. 2004. until
[the effective date of this provision]. Environmental Restoration
and Maintenance Bonus credits and Convevance Bonus credits
mav onlv be generated from those RFMU sendin!! lands where a
conservation easement or other similar develooment restriction
on develooment was imposed in coniunction with the severance
of TOR credits.
b) Neither TOR credits nor anv TOR Bonus credits shall '** be
traFlGferrea generated from RFMU sending lands that were
cleared for agricultural operations after June 19, 2002, for a period
of twenty-five (25) years after such clearing occurs.
d. Transfer of development rights from RFMU sending lands to non-
~ RFMU receiving areas.
i. Transfers to urban areas.
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b) Oevelopment-s which meet the residential infill conditions i)
through v) above may increase the base density administratively
through a Site development Plan or Plat approval by a maximum
of one dwelling unit per acre by transferring that additional density
from RFMU district Sending Lands.
ii. Transfers to the urban residential fringe. TOR credits and TOR
Bonus credits may be transferred from RFMU sending lands located
within one mile of the Urban Boundary into lands designated Urban
Residential Fringe at a rate ef to increase density by a maximum of
1.0 dwelling units per acre, allowing for a density increase from the
existing allowable base density of 1.5 dwelling units per acre to 2.5
dwelling unit per gross acre.
e. Transfers from RFMU sending lands to RFMU receiving lands.
i. Maximum density on RFMU receiving lands when TOR credits are
transferred from RFMU sending lands.
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b) The density achievable through the transfer of TDR credits and
TOR Bonus credits into RFMU receiving lands shall be as
provided for in section 2.03.08 (A)(2)(a)(2)(b)(i) outside of rural
villages and sections 2.03.08 fA+J2tJbt(3)(b) and 2.03.08
fA+J2tJbt(3)(c)(i) inside of rural villages.
ii. Remainder uses after TDR credits are tnmsf.erre8 severed from
RFMU sending lands . Where development rights have been
traflsferrea severed from RFMU district Sending Lands, such lands
may be retained in private ownership and may be used as set forth in
section 2.03.08 A.4.b.
Page 60f2l
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Aaenda Item No. 8e
September 13. 2005
Page 9 of 23
f. Procedures applicable to the severance and transfer of TDR credits and the
generation of TOR Bonus credits from RFMU sending lands.
i. General. Those development-s that utilize such TOR credits 2L.I!!R
Bonus credits are subject to all applicable permitting and approval
requirements of this Code, including but not limited to those applicable to
site development plans, plat approvals, PUDs, and DRls.
!l The ~ severance of TDR credits and the generation of
Earlv Entrv Bonus credits from RFMU sending lands does not
require tH6 further approval of the County if the County determines
that information demonstrating compliance with all of the criteria
set forth in ii.a) below has been submitted. However, those
development-s that utilize such TOR credits and Early Entrv
Bonus credits are subject to all applicable permitting and approval
requirements of this Code, including but not limited to those
applicable to site development plans, plat approvals, PUDs, and
DRls.
b) The generation of Environmental Restoration and Maintenance
Bonus credits and Convevance Bonus credits requires acceptance
by the County ofa RMP.
ii. County-maintained central TOR registry. In order to facilitate the
County's monitoring and regulation of the TOR Program, the County
shall serve as the central registry of all TOR credit and TOR Bonus
ill!!!!! purchases, sales, and transfers, as well as a central listing of
TOR credits and TOR Bonus credits available for sale and purchasers
seeking TOR credits or TOR Bonus credits. No TDR credit and
TOR Bonus credit generated from RFMU sending lands may be
utilized to increase density in any area unless the following procedures
are complied with in full.
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b) TOR Bonus credits shall not be used to increase density in
either non-RFMU receiving areas or RFMU receivine: lands until
a TOR credit certificate reflecting the TOR Bonus credits is
obtained from the Countv and recorded.
1) Early Entrv Bonus credits. All TOR credit certificates
issued by the County for the period from the effective date of
this provision until three vears after such effective date shall
include one Early Entry Bonus credit or fractional Early Entry
Bonus credit or each TOR credit or fractional TOR credit
reflected on the TOR credit certificate. Where TOR credits
were severed from March 5, 2004, until the effective date of
this provision, the County shall. upon receipt of a copv of the
TOR credit certificate reflecting those previouslv severed
TOR credits, issue a TDR credit certificate entitling Early
Entrv Bonus credits equal in number to the previouslv severed
TOR credits.
2) Environmental Restoration and Maintenance Bonus credit.
A TOR certificate reflecting Environmental Restoration and
Maintenance Bonus credits shall not be issued until the
County has accepted a RMP for the sending lands from which
the Environmental Restoration and Maintenance Bonus credit
is being generated. Anv sending lands from which TOR
credits have been severed mav also be used for mitigation
programs and associated mitigation activities and uses in
coniunction with any county, state or federal permitting.
Where the Environmental Restoration and Maintenance Credit
is applied for sendine: lands that are also being used (title or
easement) for mitigation for permits or approvals from the U.
S. Army Coms of Engineers, U. S. Fish and Wildlife Service,
Page 70f21
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Agenda Item No. Be
September 13. 2005
Page 10 of 23
Florida Department of Environmental Protection. Florida
Department of Environmental Protection, Florida Fish and
Wildlife Conservation Commission, or the South Florida
Water Management District. the County shall accept as the
RMP for the sending mitigation lands. the restoration and/or
maintenance reQuirements of permits issued bv any of the
foregoing governmental agencies for said lands.
3) Conveyance Bonus credit. A TDR certificate reflecting
Conveyance Bonus credits shall not be issued until the County
has accepted a RMP for the Sending Lands from which the
Conveyance Bonus credit is being generated and such sending
lands have been conveyed, in fee simple. to a County. state. or
federal government agency.
et tl A PUD or DRI utilizing TDR credits or TDR Bonus credits
may be conditionally approved, but no subsequent application for
site development plan or subdivision plat within the PUD or DRI
shall be approved, until the developer submits the following:
i) documentation that the developer has acquired all TDR
credits and TDR Bonus credits needed for that portion of the
development that is the subject of the site development plan
or subdivision plat; and
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et!!l The developer shall provide documentation of the acquisition
of full ownership and control of all TDR credits and TDR Bonus
~ needed for the development and of recordation of the
TDR credit and TDR Bonus credit Certificates for all such TDR
credits and TDR Bonus credits prior to the approval of any site
development plan, subdivision plat, or other final local
development order, other than a PUD or DR!.
at tl Each TDR credit shall have an individual and distinct
tracking number, which shall be identified on the TDR Certificate
that reflects the severaRse sf the TDR credit from RFMU SeRsiBg
baftd. The County TDR Registry shall maintain a record of all
TDR credits, to include a designation of those that have been
expended.
o Each TDR Bonus credit shall have an individual and distinct
tracking number. which shall be identified on the TDR Certificate
and which shall identify the specific TDR credit associated with
the TDR Bonus credit. The County TDR Registrv shall maintain
a record of all TDR Bonus credits. to include a designation of
those that have been expended.
2) The County bears no responsibility to provide notice to any
person or entitv holding a lien or other security interest in Sending
Lands that TDR credits have been severed from the property or
that an application for such severance has been filed.
g. Proportional utilization of TDR credits and TDR Bonus credits. Upon the issuance of
approval of a site development plan or subdivision plat that is part of a PUD or DRI,
TDR credits and TDR Bonus credits shall be deemed to be expended at a rate
proportional to percentage of the PUD or DRI's approved gross density that is derived
through TDR credits and TDR Bonus credits. All PUDs and DRIs utilizing TDR
credits and TDR Bonus credits shall require that the rate of TDR credit and TDR
Bonus credits consumption be reported through the monitoring provisions of sections
10.02.12 and 10.02.07(C)(1)(b) of this Code.
SECTION THREE B:
2.03.08 Rural Fringe Zoning District&
Page 80f21
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Agenda Item No. 8e
September 13, 2005
Page 11 of 23
A. Rural Fringe Mixed-Use District (RFMU District)
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2. RFMU RECEIVING LANDS.
a. OUTSIDE RURAL VILLAGES
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(2) Maljmlim DENSITY.
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(b) Additional DEJ\'SITY
i. Additional Densitv Allowed Through the TDR~ Process.
Outside of rural villages, the maximum density achievable
in RFMU Receiving Lands through ~ TDR ~
credits and TDR Bonus Credits is one (I) dwelling unit
per acre.
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ii. Additiona] DENSITY Allowed Through Other Densitv
Bonuses, Once tHs mal:iffiHm l! DENSITY of one (I) unit per acre
is achieved through the use of TDR5 credits and TDR Bonus
credits, additional DENSITY may be achieved as follows:
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(3) Allowab]e Uses
(a) Uses Permitted as of Right. The following uses are permitted as
of right, or as uses accessory to permitted uses:
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xi. Golf courses or driving ranges, subject to the following
standards:
a) The minimum density shall be as follows:
i) For golf course projects HtiliziRg seRsit)' Blending
Provisi BRS set ferth iR tHe seRsit)' Rating System of the
~: one (I) dwelling unit per five (5) gross acres.
ii) For golf course projects not utilizing density
blending Provisions set forth in the Density Rating
Svstem of the FLUE, including free standing golf
courses: tRe miRimlim deRsit)' sHall be ORe (1)
dwelling UfIit per five(5) g;oss aeres, aRa one
adsitioRa] dwelling lffiit one TDR credit or TDR
Bonus credit shall be required per five (5) gross
acres for the land area utilized as part of the golf
course, including the clubhouse area, rough,
fairways, greens, and lakes, but excluding any area
dedicated as conservation, which is non-irrigated
and retained in a natural state. THe aaditiona]
required deRsit)' for sHeR golf eOl:lfse development
GRail 8e ae!:lievea by aeEjuiring TDRs frem SeRding
~ A TDR credit or TDR Bonus credit used to
entitle golf course acreage may not also be used to
entitle a residential dwellinl! unit.
b) Golf courses shall be designed, constructed, and managed
in accordance with the best management practices of Audubon
International's Gold Signature Program. The project shall
demonstrate that the Principles for Resource Management
required by the Go]d Signature Program (Site Specific
Assessment, Habitat Sensitivity, Native and Natura]ized Plants
and Natural Landscaping, Water Conservation, Waste
Page 90f21
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Agenda Item No. Be
September 13. 2005
Page 12 of 23
Management. Energy Conservation & Renewable Energy
Sources, Transportation, Greenspace and Corridors,
Agriculture, and BUILDING Design) have been incorporated
into the golf course's design and operational procedures.
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xii. Public aNs flrivate seReels, sHsjeet to tHe following eriteria:
educational plants and ancillary plants.
a) Site area aRs seReal size SHall Be sHsjeet te tBe GeReral
EDUC.\TIO~L^.L f.^.ClLlTIES Reflert safll~ittes Rr.Jll:ially hy
tRB Cellier CeuRty Sea eel Boars te tRe Bears ef COlffity
CemmissieRem.
b) TRe Site ml:ist eemply witH tRe ST.\TE REQUIREMENTS
fOR l':DUC.^.TION.\L f.\CILlTleS adafltea BY tRe State
Boar-e efEal:isatioR.
e) TRe site sRall Be sl:i-9jeet ta all aflfllisaele State er feaeral
regl:ilatioRs.
xiii. OIL AND GAS EXPLORATION, subject to applicable state
and federal drilling permits and Collier County non-environmental
site DEVELOPMENT plan review procedures. Directional-
drilling and/or previously cleared or disturbed areas shall be
utilized in order to minimize impacts to native habitats, where
determined to be practicable. This requirement shall be deemed
satisfied upon issuance of a state permit in compliance with the
criteria established in Chapter 62C-25 through 62C-30, F.A.C....M
those rules existed on . 2005 [the effective date of this
provision], regardless of whether the activity occurs within the Big
Cypress Watershed, as defined in Rule 62C-30.001(2), F.A.C. All
applicable Collier County oil aRa gas environmental permitting
requirements shall be considered satisfied by evidence of the
issuance of all applicable federal and/or state oil and gas permits
for proposed oil and gas activities in Collier County, so long as the
state permits comply with the requirements of Chapter 62C-25
through 62C-30, F.A.C. For those areas of Collier County outside
the boundary of the Big Cypress Watershed, the APPLICANT
shall be responsible for convening the Big Cypress Swamp
Advisory Committee as set forth in Section 377.42, F.S., to assure
compliance with Chapter 62C-25 through 62C-30, F.A.C., even if
outside the defined Big Cypress Watershed. All oil and gas access
roads shall be constructed and protected from unauthorized uses
according to the standards established in Rule 62~-30.005(2)(a)(1)
through (12), F.A.C.
xiv. Park. open space. and recreational uses.
xv. Private schools.
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(c) CONDITIONAL USES.
i. Oil and gas field DEVELOPMENT and production, subject to
applicable state and federal field DEVELOPMENT permits and
Collier County non-environmental site DEVELOPMENT plan
review procedures. Directional-drilling and/or previously cleared
or disturbed areas shall be utilized in order to minimize impacts to
native habitats, where determined to be practicable. This
requirement shall be deemed satisfied upon issuance of a state
permit in compliance with the criteria established in Chapter 62C-
25 through 62C-30, F.A.C., as those rules existed on January 14.
2005. regardless of whether the activity occurs within the Big
Cypress Watershed, as defined in Rule 62C-30.001 (2), F.A.C. All
applicable Collier County environmental permitting requirements
Page 10 of21
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Aoenda Item No. 8e
September 13, 2005
Page 13 of 23
shall be considered satisfied by evidence of the issuance of all
applicable federal and/or state oil and gas permits for proposed oil
and gas activities in Collier County, so long as the state permits
comply with the requirements of Chapter 62C-25 through 62C-30,
F.A.C. For those areas of Collier County outside the boundary of
the Big Cypress Watershed, the APPLICANT shall be responsible
for convening the Big Cypress Swamp Advisory Committee as set
forth in Section 377.42, F.S" to assure compliance with Chapter
62C-25 through 62C-30, F,A.C., even if outside the defined Big
Cypress Watershed. All oil and gas access roads shall be
constructed and protected from unauthorized uses according to the
standards established in Rule 62k.-30.005(2)(a)(1) through (12),
F.A. C.
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b. RURA.L VILLAGES. RURAL VILLAGES, including RURAL
VILLAGES within the NBMO, may be approved within the
boundaries of RFMU RECEIVING LANDS, subject to the following:
(1) Allowable Uses:
(a) All permitted uses identified in section 2.03.08-fAH2Hat(3)(a),
when specifically identified in, and approved as part of, a RURAL
VILLAGE PUD,
(b) CONDITIONAL USES 1 through 5, and 7 identified in section
2,03.0S-+AtJ2Hat(3)(c), when specifically identified in, and approved
as part ofa RURAL VILLAGE PUD.
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vii. Civic Uses and Public Parks - Minimum of ~ 10% of total
rural village acreage.
(2) DENSITY. A RURAL VILLAGE shall have a minimum DENSITY
of 2.0 units per gross acre and a maximum DE!\SITY of 3.0 units per
gross acre, except that the minimum DENSITY within a NBMO
RURAL VILLAGE shall be 1,5 units per gross acre, Those densities
shall be achieved as follows:
(a) No change,
(b) Minimum DENSITY. For eaeJ:J TOR CREDIT f0r HS!! iB a
RUR,\L \'ILL^.GE, en!! Qm"LTS CREDIT shall b!! b'f3Btea, HI"
te-4e The minimum gross DENSITY e.f in a Rural Villa!?:e is
2,0 units per acre outside of the NBMO and 1.5 units per acre
within the NBMO.
i. For each TOR credit used to achieve the minimum required
density in a Rural Villa!!:e. one Rural Villa!?:e Bonus Credit
shall be granted, Rural Villa!?:e Bonus Credits may onlv be
utilized in Rural Villa!!:es and shall not be available for use
once the minimum required density is achieved,
ii. The minimum density shall be achieved through any
combination of TOR Credits. Rural Villa!?:e Bonus Credits.
and TOR Bonus Credits.
(c) Maximum DENSITY. ,A. developer may a8hieve a The maximum
~ DENSITY el:eeediBg the minimum required DHlSITY, up
to a ma:;imHm of allowed in a Rural Villa!?:e is 3.0 units per acre;~
The maximum density shall be achieved through anv of the
following !TleaH&. either in combination or individually:
i. TOR CREDITS;
11. TOR Bonus Credits;
Page II of21
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Agenda Item No. 8e
September 13. 2005
Page 14 of 23
Renumber ii. through iv. to iii. through v.
(4) Other Design Standards
(a) Transportation System Design.
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ii. Each RURAL VILLAGE shaIl be served by a primarv ~
road system that is accessible by the public. Neighborhood
Circulator, Local Residential Access and Residential Loop roads
mav liRa 1'10 rellas SAIlIl I'IElt be gated. The primarv road~ ~
within the RURAL VILLAGE shaIl consist of Rural Maior
CoIlectors at a minimum and be designed to meet County
standards and shaIl be dedicated to the public.
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xv. Required vehicular parking and loading amounts and design
criteria:
a) The amount of required parking shaIl be demonstrated
through a shared parking analysis submitted witA tRe
SR..^. aeSigl'lllti0R application as part of the Rural
Villaee PUD. Parking shall be determined utilizing the
modal splits and parking demands for various uses
recognized by the ITE, ULI or other sources or studies.
The analysis shall demonstrate the number of parking
spaces available to more than one use or function,
recognizing the required parking wiIl vary depending
on the multiple functions or uses in close proximity
which are unlikely to require the spaces at the same
time.
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(6) GREENBELT. Except within the NBMO RURAL VILLAGE, a
GREENBELT averaging a minimum ofWQ 300 feet in width, but not less
than JOO 200 feet in width at anv location, shall be required at the
perimeter of the RURAL VILLAGE. The GREENBELT is required to
ensure a permanently undeveloped edge surrounding the RURAL
VILLAGE, thereby discouraging sprawl. GREENBELTS shall conform to
the following:
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(7) OPEN SPACE: Within the RURAL VILLAGE, a mmlmum of
+G-%- 40% of OPEN SPACE shaIl be provided, inclusive of the
GREENBELT.
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3. NEUTRAL LANDS. Neutral lands have been identified for limited semi-
rural residential development. Available data indicates that neutral lands have
a higher ratio of native vegetation, and thus higher habitat values, than lands
designated as RFMU receiving lands, but these values do not approach those
of RFMU sending lands. Therefore, these lands are appropriate for limited
development, if such development is directed away from existing native
vegetation and habitat. Within neutral lands, the following standards shall
apply:
a. ALLOW ABLE USES. The following uses are permitted as of right:
(1 ) Uses Permitted as of Right.
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(k) Golf courses or driving ranges, subject to the following standards:
i. Golf courses shall be designed, constructed, and
managed in accordance with the best management practices of
Audubon International's Gold Signature Program. The proiect
Page 12 of21
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Agenda Item No. 8e
September 13. 2005
Page 15 of 23
shall demonstrate that the Principles for Resource Management
required by the Gold Signature Program (Site Specific Assessment,
Habitat Sensitivity, Native and Naturalized Plants and Natural
Landscaping. Water Conservation. Waste Management. Energy
Conservation & Renewable Energv Sources. Transportation.
Greenspace and Corridors, Agriculture. and Building Design) have
been incomorated into the golf course's design and operational
procedures.
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(I) Public amI flri\'ate seRElals, sblbject ta tAe fellowiRg criteria:
educational plants and ancillarv plants.
i. Site area aFla seheol size shall Be sblbjeet te the G.meral
EDUC.^.TION.\L f.^.CILITI2S Reflert sblBmittea aFlFlHally by tHe
CElllier Calmty SCReol Beard to tRe Board Elf CeuFlty
C8FFlmissi eRsrs.
ii. THe Site mOist eemflly ,...itA tRe ST.-\. TE R2QT_TIREMENTS
FOR e:DUC.^.TIO:-L^.L f.^.CILITIES aeefltes BY tAe State Board
ofEeueation.
iii. TRe site sHall Be sblbjeet ta all aflj3lieaBle State Elr Feseral
rel;b1latieRs.
(m) OIL AND GAS EXPLORATION, subject to applicable state and
federal drilling permits and Collier County non-environmental site
DEVELOPMENT plan review procedures. Directional-drilling and/or
previously cleared or disturbed areas shall be utilized in order to
minimize impacts to native habitats, where determined to be
practicable. This requirement shall be deemed satisfied upon issuance
of a state permit in compliance with the criteria established in Chapter
62C-25 through 62C-30, F.A.C., as those rules existed on
. 2005 [effective date of this provision] regardless of
whether the activity occurs within the Big Cypress Watershed, as
defined in Rule 62C-30.001(2), F.A.C. All applicable Collier County
environmental permitting requirements shall be considered satisfied by
evidence of the issuance of all applicable federal and/or state oil and
gas permits for proposed oil and gas activities in Collier County, so
long as the state permits comply with the requirements of Chapter
62C-25 through 62C-30, F.A.C. For those areas of Collier County
outside the boundary of the Big Cypress Watershed, the APPLICANT
shall be responsible for convening the Big Cypress Swamp Advisory
Committee as set forth in Section 377.42, F.S., to assure compliance
with Chapter 62C-25 through 62C-30, F.A.C., even if outside the
defined Big Cypress Watershed. All oil and gas access roads shall be
constructed and protected from unauthorized uses according to the
standards established in Rule 62h-30.005(2)(a)(1) through (12),
F.A. C.
n. Park. open space. and recreational uses.
o. Private schools.
(2) No change.
(3) COl\D1TIOl\AL USES. The following uses are permissible as
conditional uses subject to the standards and procedures established in
Section 10.08.00.
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(c) Multi-familv residential structures, subiect to the following
development standards:
(i) Building height limitation: 2 stories
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Agenda Item No. Be
September 13. 2005
Page 16 of 23
(ii) Buffer: 10 foot wide landscape buffer with trees spaced no
more than 30 feet on center:
(Hi) Setbacks: 50% of the height of the building. but not less than
15 feet
~ W Those essential services identified in sections 2.01.03 (G)(I)
and (G)(3).
fet !!l. Oil and gas field DEVELOPMENT and production, subject to
applicable state and federal field DEVELOPMENT permits and
Collier County non-environmental site DEVELOPMENT plan review
procedures. Directional-drilling and/or previously cleared or disturbed
areas shall be utilized in order to minimize impacts to native habitats,
where determined to be practicable. This requirement shall be deemed
satisfied upon issuance of a state permit in compliance with the criteria
established in Chapter 62C-25 through 62C-30, F.A.C., as those rules
existed on January 14.2005. regardless of whether the activity occurs
within the Big Cypress Watershed, as defined in Rule 62C-30.001(2),
F.A.C. All applicable Collier County environmental permitting
requirements shall be considered satisfied by evidence of the issuance
of all applicable federal and/or state oil and gas permits for proposed
oil and gas activities in Collier County, so long as the state permits
comply with the requirements of Chapter 62C-25 through 62C-30,
F.A.C. For those areas of Collier County outside the boundary of the
Big Cypress Watershed, the APPLICANT shall be responsible for
convening the Big Cypress Swamp Advisory Conunittee as set forth in
Section 377.42, F.S., to assure compliance with Chapter 62C-25
through 62C-30, F.A.C., even if outside the defined Big Cypress
Watershed. All oil and gas access roads shall be constructed and
protected from unauthorized uses according to the standards
established in Rule 62~-30.005(2)(a)(1) through (12), FAC.
ff} uu Earth mining and extraction and related processing.
(gt ill Facilities for the collection, transfer, processing, and reduction of solid
waste.
* *
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*
*
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*
4. RFMU SENDING LANDS. No change.
a. ALLOW ABLE USES WHERE TDR CREDITS HAVE NOT BEEN
SEVERED
(1) Uses Permitted as of Right
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*
(g) OIL AND GAS EXPLORATION, subject to applicable state and
federal drilling permits and Collier County non-environmental site
DEVELOPMENT plan review procedures. Directional-drilling and/or
previously cleared or disturbed areas shall be utilized in order to
minimize impacts to native habitats, where determined to be
practicable. This requirement shall be deemed satisfied upon issuance
of a state permit in compliance with the criteria established in Chapter
62C-25 through 62C-30, F.A.C., as such rules existed on .
2005 r the effective date of this provision], regardless of whether the
activity occurs within the Big Cypress Watershed, as defined in Rule
62C-30.001 (2), F.A.C. All applicable Collier County environmental
permitting requirements shall be considered satisfied by evidence of
the issuance of all applicable federal and/or state oil and gas permits
for proposed oil and gas activities in Collier County, so long as the
state permits comply with the requirements of Chapter 62C-25 through
62C-30, F.A.C. For those areas of Collier County outside the
boundary of the Big Cypress Watershed, the APPLICANT shall be
responsible for convening the Big Cypress Swamp Advisory
Committee as set forth in Section 377.42, F.S., to assure compliance
Page 14 of21
Words strHsk tRfBHgfl are deleted; words underlined are added.
Agenda Item No. Be
September 13.2005
Page 17 of 23
with Chapter 62C-25 through 62C-30, F.A.C., even if outside the
defined Big Cypress Watershed. AH oil and gas access roads shaH be
constructed and protected from unauthorized uses according to the
standards established in Rule 62~-30.005(2)(a)(1) through (12),
F.A. C.
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(3) CONDITIONAL USES.
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(c) Oil and gas field DEVELOPMENT and production, subject to
applicable state and federal field DEVELOPMENT pennits and
CoHier County non-environmental site DEVELOPMENT plan review
procedures. Directional-driHing and/or previously cleared or disturbed
areas shaH be utilized in order to minimize impacts to native habitats,
where determined to be practicable. This requirement shaH be deemed
satisfied upon issuance of a state permit in compliance with the criteria
established in Chapter 62C-25 through 62C-30, F.A.C., as those rules
existed on . 2005 [the effective date of this provision],
regardless of whether the activity occurs within the Big Cypress
Watershed, as defined in Rule 62C-30.00l (2), F.A.C. All applicable
Collier County environmental permitting requirements shaH be
considered satisfied by evidence of the issuance of aH applicable
federal and/or state oil and gas permits for proposed oil and gas
activities in Collier County, so long as the state permits comply with
the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those
areas of CoHier County outside the boundary of the Big Cypress
Watershed, the APPLICANT shaH be responsible for convening the
Big Cypress Swamp Advisory Committee as set forth in Section
377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-
30, F.A.C., even if outside the defined Big Cypress Watershed. All oil
and gas access roads shall be constructed and protected from
unauthorized uses according to the standards established in Rule 62~-
30.005(2)(a)(1) through (12), F.A.C.
* *
*
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*
*
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*
b. USES ALLOWED WHERE TDR CREDlTS HAVE BEEN SEVERED
(1) Uses Permitted as of Right
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*
(h) OIL AND GAS EXPLORATION, subject to applicable state and
federal driHing permits and Collier County non-environmental site
DEVELOPMENT plan review procedures. Directional-driHing and/or
previously cleared or disturbed areas shaH be utilized in order to
minimize impacts to native habitats, where determined to be
practicable. This requirement shaH be deemed satisfied upon issuance
of a state permit in compliance with the criteria established in Chapter
62C-25 through 62C-30, F.A.C., as those rules existed on
. 2005 r the effective date of this provision], regardless of
whether the activity occurs within the Big Cypress Watershed, as
defined in Rule 62C-30.00l (2), F.A.C. AH applicable CoHier County
environmental permitting requirements shall be considered satisfied by
evidence of the issuance of all applicable federal and/or state oil and
gas permits for proposed oil and gas activities in Collier County, so
long as the state permits comply with the requirements of Chapter
62C-25 through 62e-30, F.A.C. For those areas of CoHier County
outside the boundary of the Big Cypress Watershed, the APPLICANT
shaH be responsible for convening the Big Cypress Swamp Advisory
Committee as set forth in Section 377.42, F.S., to assure compliance
with Chapter 62C-25 through 62C-30, F.A.C., even if outside the
defined Big Cypress Watershed. All oil and gas access roads shall be
constructed and protected from unauthorized uses according to the
Page 15 of2l
Words strll6k th:-l'lHgh are deleted; words underlined are added.
Agenda Item No. 8e
September 13. 2005
Page 18 of 23
standards established in Rule 62h-30.005(2)(a)(I) through (12),
F.A.C.
(i) Mitigation in coni unction with anv Countv. state. or federal
permitting.
(2) CONDITIONAL USES
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*
(b) Oil and gas field DEVELOPMENT and production, subject to
applicable state and federal field DEVELOPMENT permits and
Collier County non-environmental site DEVELOPMENT plan review
procedures. Directional-drilling and/or previously cleared or disturbed
areas shall be utilized in order to minimize impacts to native habitats,
where determined to be practicable. This requirement shall be deemed
satisfied upon issuance of a state permit in compliance with the criteria
established in Chapter 62C-25 through 62C-30, F.A.C., as those rules
existed on . 2005 [the effective date of this provision]~
regardless of whether the activity occurs within the Big Cypress
Watershed, as defined in Rule 62C-30.001(2), F.A.C. All applicable
Collier County environmental permitting requirements shall be
considered satisfied by evidence of the issuance of all applicable
federal and/or state oil and gas permits for proposed oil and gas
activities in Collier County, so long as the state permits comply with
the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those
areas of Collier County outside the boundary of the Big Cypress
Watershed, the APPLICANT shall be responsible for convening the
Big Cypress Swamp Advisory Committee as set forth in Section
377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-
30, F.A.C., even if outside the defined Big Cypress Watershed. All oil
and gas access roads shall be constructed and protected from
unauthorized uses according to the standards established in Rule 62h-
30.005(2)(a)(I) through (12), F.A.C.
* * * * * * * * * * *
C. NORTH BELLE MEADE OVERLAY DISTRICT (NBMO)
* * * * * * * * * * *
5. ADDITIONAL SPECIFIC AREA PROVISIONS
a. RECEIVING LANDS
(1) DENSITY.
* * * * * * * * * *
(b) This density may be increased, through TOR credits and TOR
Bonus Credits. up to a maximum of 1 dwelling unit per gross acre.
(c) Once a DENSITY of 1 dwelling unit per gross acre is achieved
through TDR CREDITS and TOR Bonus Credits. additional density
may be achieved as follows:
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*
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*
(2) The earth mining operation and asphalt plant uses that currently exist
within NBMO Receiving Lands may continue and may expand as follows:
(a) Until June 19, ~ 2005. or such other date as the GMP is
amended to provide, such uses may expand only into the western half
of Section 21 and shall not generate truck traffic beyond average
historic levels.
(b) Such mining operations and an asphalt plant may expand on
Sections 21 and 28 and the western quarters of 22 and 27 as a
permitted use if either of the following occuri-by June 19, ~ 2005.
or such other date as the GMP is amended to provide:
i. No change.
Page 16 of21
Words ~tru6k tflraHgR are deleted; words underlined are added.
Agenda Item No. 8C
September 13. 2005
Page 19 of 23
ii. the mine operator commits to construct a private haul road by
June 19, ~ 2007, or such other date as the GMP is amended to
provide, without the use of any public funds.
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*
*
*
*
(3) A GREENBELT is not required for any DEVELOPMENT in NBMO
Receiving Lands, whether inside or outside of a RURAL VILLAGE.
However. anv l!reenbelt that is provided in a NBMO Rural Villa!!e shall
be included in the calculation of open space.
(4) NBMO Rural Village. No change.
(a) Density. No change.
i. The minimum required density shall be achieved through TDR
credits. TDR Bonus Credits. and Rural Village Bonus credits, as
provided in section 2.03.08 fAH2HbH3) (C).
ii. Once the minimum required density is achieved, additional
DENSITY may be achieved, up to the maximum of three (3)
dwelling units per gross acre through anyone or combination of
the following:
a) TDR Credits;
b) TDR Bonus Credits;
at 0.3 dwelling unit per acre for each acre of native vegetation
preserved on-site;
et 0.3 dwelling unit per acre for each acre of wetlands having
a functionality value, as assessed using the South Florida
Water Management District's Unified wetlands Mitigation
Assessment Method, of 0.65 or greater that are preserved
on-site; and/or
d) 0.3 dwelling unit per acre for each acre of NBMO Sending
Land that is within either a NRP A or a buffer area
adjoining a NRP A that is dedicated to a public or private
entity for conservation use.
SECTJO~ THREE C: AMENDMENTS TO LAND DEVELOPMENT CODE
Ordinance number 2004-41, as amended, the Collier County Land Development
Code is hereby amended to add the following section to read as follows:
10.02.13 Planned Unit Development (PUD) Procedures
D. Time limits for approved PUDs. (Ko change)
8. PUD expiration and retirement of excess numhers of dwellinf! units
a. PUrJ}ose and intent. There is hereby established a process to
evaluate all existing lawfully approved planned unit development
(PUD) zoning districts to determine the actual number of
residential units that have been built and the actual number of
residential single-family lots that have been platted as contrasted
with the number of residential dwellinl! units approved bv the
particular PUD zoning ordinances. This process shall provide a
means to reduce the number of approved residential dwelIinl! units
to the actual number that have been built or for which single family
residential lots have been platted. There shall also be a process to
establish an expiration date for further residential development in
new PUD zoning districts and for those existing PUDs for which a
PUD amendment is being sought.
Page 17 of21
Words stn16l: tFLaugh are deleted; words underlined are added.
Agenda Item No. Be
September 13. 2005
Page 20 of 23
These processes will enable the Countv to plan effectivelv for
realized transportation impacts to be evaluated bv the concurrencv
management svstem (CMS) so that an orderlv process of land
development mav continue in a predictable sequence with
manageable confidence levels of the regulatory risks of a stoppage
of approvals for indeterminate time periods.
b. Avvlicabilitv. This section of the LDC shall apply to all residential
PUD Zoning Districts or all PUD Zoning Districts with a
residential component within the unincorporated areas of Collier
County except as provided bv subsection 1O.02.13.D.8.d.
c. Definitions. For purposes of this Section of the LDC. the following
definition shall applv:
L Built-out PUD - Any PUD Zoning District where all areas
set aside for residential development on its Master Concept
Plan have been completed either in the form of: residential
dwellinl! units that haye been constructed and received a
certificate of occupancv: are under construction pursuant to
a lawfullv issued building permit: or lots that are part of a
subdivision that has received final plat approval from the
Board of Count v Commissioners.
d. Exemmions. The following are exempt from the provisions of this
Section of the LDC:
1. PUD Zoning Districts that have also received Development
of Regional Impact (DRn approval pursuant to Section
380.06. Florida Statutes and which development orders
have not exceeded the date until which the DRI is not
subiect to unit density reduction established in the
development order pursuant to subsection 380.06 (l5)(c)
3. Florida Statutes or termination date established in the
develooment order pursuant to subsection 380.06 (15)(c)
2: Florida Statutes.
2. Built-out PUDs that have developed to the maximum number
of residential dwellinl! units authorized bv the regulations
for the particular PUD zoning district.
3. PUD zoning districts where the authorized number of
residential dwellinl! units exceed the number of residential
dwellinl! units actually constructed or single-familv Jots
actually receiving final subdivision plat approval which
excess units have been retained bv a Master Property
Owners' Association. developer or like entitv. pursuant to
restrictive covenants. other reservations of units to the
developer entitv. or like documentation recorded in the
Official Records of Collier Countv. Florida.
4. PUD zoning districts consisting of residential dwellinl!
units which have been determined to have vested rights
pursuant to Section 9.02.01 of the LDC.
e. Build-out Date.
1. All PUD zoning regulations for new PUD Zoning Districts
with a residential component are required to establish a
build-out date for all residential development. No further
residential develooment shall be authorized after the build-
out date established bv the PUD zoning regulations.
Page 18 of21
Words struek tlweHgR are deleted; words underlined are added.
Aaenda Item No. Be
September 13.2005
Page 21 of 23
2. A PUD zoning ordinance may be amended prior to the
build-out date to extend such date. Any such amendment
shall follow the PUD amendment process set forth in
Subsection 10.02.13. B of the LDC.
3. A build-out date shall be required for all PUD Zoning
Districts for which a PUD amendment has been applied for
as of [effective date of this ordinance].
4. The passage of the build-out date for a PUD Zoning
District shall not affect the ability of a property owner to
re-build. remodel or otherwise make additions to his/her
residence including but not limited to. swimming pools,
fences. pool and lanai cages and the like.
5. Once the residential component of a PUD Zoning District
is turned over to a Homeowners' Association. the passage
of the build-out date for the PUD Zoning District shall not
affect the right of a propertv owner to build on his/her
platted but unimproved lot within that particular PUD
Zoning District.
f. ReQuirements for existinf! PUD Zoninf! Districts that have not been
turned over 10 the Prooerfv Owners' Association. Prior to the turn
over of the final phase of a PUD development to the Master
Propertv Owners' Association, or like entitv. the developer shall
apply for a PUD amendment for the purpose of adiusting the
number of residential dwelIinl!: units from the number authorized
bv the PUD zoning regulations to the number of residential units
actually constructed and/or the number of single-familv lots for
which final subdivision approval has been granted. This
amendment process shall be the same as the PUD amendment
process set forth in Subsection 10.02. I 3. 8 ofthe LDC.
l:!. Process (or amendinf! existinf! built-out PUD Zoninf! Districts
1. Establishment of planning review communities: The 12
planning communities established by Subsection 106-42(a)
of the Collier Countv Code of Laws and Ordinances is
herebv established for the purpose of evaluating built-out
PUDs. The built-out PUD zoning districts in each planning
communitv shall be the subiect of a single comprehensive
ordinance amending the number of the authorized
residential dwellinl:! units from the number currently
allowed bv the PUD Zoning District to the actual number
of units actuallv constructed. or under construction together
with the number of lots for which final subdivision plat
approval has been obtained. Such comprehensive PUD
amendments shall be made on a planning community by
planning community basis. commencing with the first
planning community and proceeding successively until the
built-out PUD zoning districts subiect to this Section of the
LDC have completed the amendment process.
2. Planning staff evaluation: The County Manager, or
designee. shall review each built-out PUD zoning district to
determine the number of residential dwelIinl:! units
constructed. or under construction together with the number
of single familv residential lots that have received final plat
approval as compared to the number of residential dwelIinl:!
Page 19 of21
Words strudc tlm:l1:lgh are deleted; words underlined are added.
Agenda Item No. Be
September 13. 2005
Page 22 of 23
units authorized by the PUD ordinance. Staff shall have 60
days to perform the review. The review shall be made on a
planning community by planning community basis. In
conducting the review, staff shall also consider the
exemptions set forth in Section W.02.13 .D.8.d of the LDC.
Staff shall prepare a report containing the correct number
of residential dwellinl! units recommended for each built-
out PUD pursuant to this process.
3. Notice to the Master Property Owners' Association:
Within 30 days of completing its report. the County
Manager. or designee. shall notify the Master Property
Owners' Association, or like entity. of the staff findings
and that the PUD ordinance shall be amended consistent
with the staff report.
4. Notice to all property owners within the PUD: Within 45
days of completing its report, the County Manager, or
designee. shall notify each person. or entity, owning
property within the PUD of the staff findings and
recommendations for PUD amendment.
5. Form of notice: The notices required by subsection
10.0213 D 8.g.3. above shall be by certified USPS mail
return receipt requested sent to the address shown on the
then current year's tax roll on file in the Tax Collector's
records.
6. Objections to proposed PUD amendment: Any affected
property owner or the property owners' association may
submit written objections to the County Manager, or
designee, no later than 60 days after receipt of the
notification referenced in subsections W.02.13 D.8.g.3.and
4. above.
7. PUD amendment process: The County Manager, or
designee. shall initiate amendments to the various built-out
PUD zoning district regulations consistent with the
recommendation set forth in its report. The notice.
advertising and public hearing process shall be the same as
for the regular PUD amendment process, set forth in
Section 10.02.13 of the LDC, except that no neighborhood
information meeting, pursuant to Section 10.03.05 F of the
LDC, and no posting of signs pursuant to Section 10.03.05
B of the LDC shall be required.
8. The PUD amendment process shall be initiated within 10
days of the close of the time period allowed for property
owner objections and consideration by staff.
h. Vested rif!hts and takinf!s claims. Any affected property owners'
association or property owner who claims vested rights or a taking
of private property rights that would result ITom implementation
and application of this section shall follow the process set forth in
Section 9.02.00 of the LDC.
i. Effect of moratorium. The build-out date time frames referenced in
Subsection 1 0.02.13.D.8.e of the LDC shall be tolled for the same
time the County adopts any regulation imposing a moratorium
affecting development within a particular PUD zoning district or
other official action taken by the County referenced in the
preceding sentence. The period shall be the same as the duration
Page 20 of21
Words stmek tRi'EIHgfl are deleted; words underlined are added.
Agenda Item No. 8e
September 13. 2005
Page 23 of 23
of the moratorium regulation or any other official action of the
County that would otherwise limit a developer's abilitv to proceed
with the development of the proiect for a given time period.
SECTION FOUR: CONFLICT AND SEVERABIL TlY
In the event this Ordinance conflicts with any other Ordinance of Collier County
or other applicable law, the more restrictive shall apply. If any phrase or portion of this
Ordinance is held invalid or unconstitutional by any court or 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 FIVE: INCLUSION IN THE COLLIER COUNTY LAND
DEVELOPMENT CODE
The provisions of this Ordinance shall become and be made a part of the Land
Development Code of Collier County, Florida. The sections of the Ordinance may be
renumbered or re-lettered to accomplish such and the word "ordinance" may be changed
to "section," "Chapter," or any other appropriate word.
SECTION SIX: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by 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
BY:
FRED W. COYLE, CHAIRMAN
Deputy Clerk
Approved as to form and
legal sufficiency:
Patrick G. White
Assistant County Attorney
Page 21 of21
Words stl1:lEJk tRn3l:1;;a are deleted; words underlined are added.
EXECUTIVE SUMMARY
Agenda Item No. 9A
September 13, 2005
Page 1 of 17
APPOINTMENT OF MEMBER(S) TO THE FOREST LAKES ROADWAY & DRAINAGE
ADVISORY COMMITTEE
OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant term expiring on April
21,2008 to the Forest Lakes Roadway & Drainage Advisory Committee.
CONSIDERATIONS: The Forest Lakes Roadway and Drainage Advisory Committee has 1
vacancy due to a resignation. This 5 member committee was created on March 10, 1992 by Ord.
92-16 to aid and assist the Board of County Commissioners in carrying out the purposes of
providing and maintaining improved roadway related drainage and roadway restoration within
the area of the Unit as set forth in Ord. 91-107. They also prepare and recommend an itemized
budget, work programs and priorities. Members must reside within the Forest Lakes Roadway
and Drainage MSTU. A list of the current membership is included in the backup.
Mr. Robert Cunningham resigned his position on May 2, 2005. A press release was issued and
resumes were received from the following 4 interested citizens:
APPLICANT
CATEGORY
~ ELECTOR AnV. COMM.
Harold Bergdoll Resides within MSTU district 4 Yes None
Richard Franklin Manning Resides within MSTU district 4 Yes None
William John Csogi Resides within MSTU district 4 Yes None
George E. Fogg Resides within MSTU district 4 Yes None
COMMITTEE RECOMMENDATION: George E. Fogg
~SCALIMPACT: NONE
GROWTH MANAGEMENT IMPACT: NONE
RECOMMENDATION: That the Board of County Commissioners consider the
recommendation for appointment, appoint 1 member, and direct the County Attorney to prepare
a resolution confmning the appointment.
Prepared By: Sue Filson, Executive Manager
Board of County Commissioners
Agenda Date: SEPTEMBER 13, 2005
Item Number:
Item Summary:
Meeting Date:
/\gendi3 Item No 9A
September 13, 2005
P:afj8 2 of 17
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
9A
Appointment of member to Ih~ Forest Lake:s RoadvuW and Drainage Advisc.ry Committee
9113120059:00:00 AM
Prepared By
Date
S\Jl-l Filson
Board of County
Commissioners
Executive Mannger to the BCe
Bee Office
8/18/20054:02::04 PM
Date
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
County Manager'5 Office
613/20052:22 PM
Agenda Item No. 9A
September 13, 2005
Page 3 of 17
TO: Sue Filson, Executive Manager
Board of County Commissioners
FROM: Tessie Sillery, Operations Coordinator
DATE: July 28, 2005
SUBJECT: Forest Lakes Roadway & Drainage MSTU Recommendation to the Board for Filling
Vacant Position.
The Forest Lakes Roadway and Drainage MSTU, bas reviewed the four applications received by the
prescribed deadline for the one vacancy. Applicants were evaluated based on their potential
contributions to the Committee. All applicants meet the criteria required to be eligible for the committee
and reside within the MSTU's district boundary.
The Committee recommends the following applicant for appointment to the vacant term as indicated
below:
TYPE OF TERM
NAME APPoINTMENT EXPIRES
Mr. George E. Fogg Initial Appointment April 21. 2008
FlEW OF EXPERTISE/CATEGORY
BS Landscape Architecture - 15 year Collier
County Resident- Self employed landscape
architect - IBIS.
Community Activities: Emerald Green Assn
Ground Committee
Emerald Green Board Member /Police Activity
League Board Member / American Society of
L.A.
Transportation Services Division
Alt. Transportation Modes Department
Agenda Item No. 9A
September 13, 2005
Page 4 of 17
July 28' 2005
Memo - Forest Lakes MSTU- Vacant Position
Page 2
At this time the Committee does not recommend the following applicants for appointment to the
Committee:
FIELD OF EXPERTISE/CATEGORY
NAME
Harold Bergdoll High School - Retired - 10-15 years Collier County
Resident.
Community Activities: Vice President for the Quail
Run Golf Club
Richard Franklin Manning Bachelor of Science - Teacher/College Professor
Retired - 15+ years Collier County Resident
Community Activities: School Advisor Committee,
Volunteer Habitat for HumanitylBoard of Directors
Turtle lake Association
William John Csogi High School - 18 years of Automotive Service Anchor
Rode Auto Care - 15 years Collier County Resident
within the MSTU.
Community Activities; Chair of Public Vehicle
Advisory Committee - 5 years Committee Chair for
Boy scouts Pack 165 / Past President Woodshire
HMA/ U-8 Soccer Coach Optimists Club! Woodshire
HMA Architectural Review CommitteeIT-Ball Coach
for Greater Naples Little League.
Please let me know if you need additional information.
Transportation Services Division
Alt. Transportation Modes Department
Agenda Item No. 9A
September 13, 2005
Page 5 of 17
Forest Lakes Roadway & Drainage Advisory Committee
Name Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Mr. Roger Somerville 10/23/0 ] 04/21/03 2 Years
190 Turtle Lake Court, #210 649-7157 OS/27/03 04/21/07 4 Years
Naples, FL 34105
E-Mail:
Distrid: 4
Category:
Mr. William L. Seabury 263-3643 04/25/95 04/21/99 4 Years
501 Forest Lakes Blvd., #205 263-4090 OS/27/03 04/21/07 4 Years
Naples, FL 34105
E-Mail: wmseabury@aol.com
Distrid: 4
Category:
Mr. Robert H. Jones 06/08/99 04/21/02 3 Years
-- 1002 Forest Lakes Drive 649-8692 OS/28/02 04/21/06 4 Years
Naples, FL 34105
E-Mail:
Distrid: 4
Category:
Mr. Robert Cunningham re5"5'(\~rPt 04/) 1/00 04/21/04 4 Years
1100 Forest Lakes Boulevard 6~ 04/27/04 04/21/08 4 Years
Naples, FL 34105
E-Mail:
Distrid: 4
Category:
Ms. Virginia M. Donovan OS/28/02 04/21/06 4 Years
1037 Forest Lakes Drive 649-5661
Naples, FL 34105
E-Mail:
District: 4
Category:
TuesdaJ', April 27, 2004
Page 1 of2
Agenda Item No. 9A
September 13, 2005
Page 6 of 17
Forest Lakes Roadway & Drainage Advisory Committee
Name
Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
This 5 member committee was created on 03110192 by Om. No. 92-16 to aid and assist the
Board of County Commissioners in canying out the purposes of providing and main1aining
improved roadway related drainage and roadway restoration within the area of the Unit as set
forth in County Om. 91-107. The will also prepare and recommend an itemized budget, work
programs and priorities. Applicants must reside within the Forest Lakes Roadway & Drainage
MSTU. Terms are 4 years.
-....,-. FL STAT 125.0]
Staff: Val Prince, Transportation Services: 213-5879
Tuesday, April 27, 2004
Page2of2
Agenda Item No. 9A
September 13, 2005
Page 7 of 17
MEMORANDUM
RECEIVED
JUN 2 1 2005
FROM: Sue Filson, Executive M er
Board of County Commissio
Board of County Commissioners
DATE: June 17,2005
TO: Elections Office
RE: Voter Registration - Advisory Board Appointments
The Board of County Commissioners will soon consider the following individuals for appointment
to one of the county's advisory committees. Please let me know if those listed below are
registered voters in Collier County.
Also, please list the commission district in which each applicant resides.
FOREST LAKES MSTU COMMITTEE
COMMISSION DISTRICT
George E. Fogg
628 Woodshire Lane, #G-1
Naples, FL 34105
1
1
1
;j
Harold Bergdoll
1116 Forest Lakes Boulevard
Naples, FL 34105
Richard Franklin Manning
1041 Forest Lakes Drive
Naples, FL 34105
William John Csogi
202 Woodshire Lane
Naples, FL 34105
Thank you for your help.
MEMORANDUM
Agenda Item No. 9A
September 13, 2005
Page 8 of 17
DATE: June 17,2005
TO: Val Prince, Transportation Servi
FROM:
RE: Forest Lakes Roadway & Drainage Advisory Committee
As you know, we currently have a vacancy on the above-referenced advisory committee. A press
release was issued requesting citizens interested in serving on this committee to submit an application
for consideration. I have attached the applications received for your review as follows:
Harold Bergdoll
1116 Forest Lakes Boulevard
Naples, FL 34105
Richard Franklin Manning
1041 Forest Lakes Drive
Naples, FL 34105
William John Csogi
202 Woodshire Lane
Naples, FL 34105
George E. Fogg
628 Woodshire Lane, #G-l
Naples, FL 34105
Please let me know, in writing, the recommendation for appointment of the advisory committee
within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration.
Please categorize the applicants in areas of expertise. If you have any questions, please call me at
774-8097.
Thank. you for your attention to this matter.
SF
Attachments
filson_s
.m:
advisoryboards@colliergov.net
Sent: Thursday, June 09, 2005 5:02 PM
To: filson_s
Subject: New On-line Advisory Board Application Submitted.
~~f.!
Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
Tel: (239) 774-3602
Fax: (239)774-3602
June 09, 2005
Application for Advisory Committees I Boards
Name: Harold Bergdoll Home Phone: 239-403-1724
Home Address: 1116 Forest Lakes Blvd.
e
City: Naples Zip Code: 34105
Page 1 of2
Agenda Item No. 9A
September 13, 2005
Page 9 of 17
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Fax Number: 239-403-1726 Business Phone: 239-403-1724
Email Address:hbergd1126@aol.com
Place of Employment: Retired
How long have you lived in Collier County? 10-15 years
Have you ever been convicted of any offense against the law? No
Are you a registered voter in Collier County? Yes
Board I Committee Applied for: MSTU
Category: (if applicable) No information provided.
e
Do you currently hold public office? No
6/10/2005
Page 2 of2
Agenda Item No. 9A
September 13, 2005
Page 10 of 17
~
Do you now serve, or have you served on a
Collier County board or committee?
No
Please list your community activities:
Member of Quail Run Golf Club advisory board and
presentle vice president
Education:
High School
Experience I Background:
Attended MSTU meetings and have been working with Mr.
Robert Jones on the current rain water problems in the
surrounding communities.
-)
~
6/10/2005
Page 1 ot2
Agenda Item No. 9A
September 13, 2005
Page 11 of 17
filson_s
em: advisoryboards@colliergov.net
Sent: Friday, June 03, 2005 5:43 PM
To: filson_s
Subject: New On-line Advisory Board Application Submitted.
~
Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
Tel: (239) 774-3602
Fax: (239) 774-3602
.<<... J.--t~'~\"":J
. . ...... - . ~..'
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June 03, 2005
Application for Advisory Committees I Boards
Name: Richard Franklin Manning Home Phone: 239-213-0129
Home Address: 1041 Forest Lakes Drive
e
City: Naples Zip Code: 34105
Fax Number: No information provided. Business Phone: No information provided.
Email Address:Contextman@cs.com
Place of Employment: retired
How long have you lived in Collier County? More than 15 years
Have you ever been convicted of any offense against the law? No
Are you a registered voter in Collier County? Yes
Board I Committee Applied for: Forest Lakes Roadway and Drainage Advisory
Committee
Category: (if applicable) citizen at large
e Do you currently hold public office? No
6/6/2005
.
~
---)
6/6/2005
Page 2 of2
Agenda Item No. 9A
September 13, 2005
Page 12 of 17
Do you now serve, or have you served on a
Collier County board or committee?
If yes, please list the boards I committees:
Schools Advisory Committee
Yes
Please list your community activities:
volunteer Habitat for Humanity Board of Directors Turtle
Lake Association
Education:
B. S. Kent State University Cleveland, Ohio M. S. Kent
State University II Ed.D. Case Western Reserve University
II
Experience I Background:
Teacher, college and university adjunct professor, school
administrator in Ohio and Florida
Page 1 of2
Agenda Item No, 9A
September 13, 2005
Page 13 of 17
filson_s
am: advisoryboardS@coI6ergov.net
Sent: Friday, June 03, 2005 9:50 AM
To: filson_s
Subject: New On-line Advisory Board Application Subrritted.
~~"ty
Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
Tel: (239) 774-3602
Fax: (239)774-3602
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June 03, 2005
Application for Advisory Committees I Boards
Name: William John Csogi Home Phone: 239-261-6957
Home Address: 202 Woodshire Lane
e
City: Naples Zip Code: 34105
Fax Number: 239-261-4864 Business Phone: 239-263-9404
Email Address:carcritiC@earthlink.net
Place of Employment: Anchor Rode Auto Care
How long have you lived in Collier County? 10-15 years
Have you ever been convicted of any offense against the law? No
Are you a registered voter in Collier County? Yes
Board I Committee Applied for: Forest Lakes Roadway and
Drainage Advisory
Category: (if applicable) No information provided.
e
Do you currently hold public office? No
6/3/2005
4t
)
...,
6/3/2005
Do you now serve, or have you served on a Yes
Collier County board or committee?
If yes, please list the boards I committees:
Chair of Public Vehicle Advisory Comittee for 5 years
Please list your community activities:
Committee Chair for Boyscouts I Pack 165 Past President
of Woodshire Homeowners Association U-8 Soccor Coach
of Optimist Soccor Chair of Woodshire Homeowners
Architectural Review Committee Past T-Ball Coach of
Greater Naples Little Leaque
Education:
18 Years of Automotive Service High School
Experience I Background:
Lived in Naples on Woodshire Lane within the MSTU
since 1990 Served on previous county board
Page 2 of2
Agenda Item No. 9A
September 13, 2005
Page 14 of 17
Page 1 of2
Agenda Item No. 9A
September 13, 2005
Page 15 of 17
filson s
.m:-
advisoryboards@colliergov .net
Sent: Friday, May 20, 20054:22 PM
To: filson_s
Subject: New On-line Advisory Board Application Submitted.
~
Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
Tel: (239) 774-3602
Fax: (239) 774h3602
"Lt~1 .~.I
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May 20, 2005
Application for Advisory Committees I Boards
Name: George E. Fogg Home Phone: 239-261-6062
Home Address: 628 Woodshire Lane, #G-1
e
City: Naples Zip Code: 34105
Fax Number: 239-261-7279 Business Phone: 239-261-6062
Email Address:fogg62383@comcast.net
Place of Employment: IBIS - Self-employed landscape architect
How long have you lived in Collier County? More than 15 years
Have you ever been convicted of any offense against the law? No
Are you a registered voter in Collier County? Yes
Board I Committee Applied for: Forest Lakes Roadway and
Drainage M.S.T.U.
Category: (if applicable) Lay Person
e
Do you currently hold public office? No
5/20/2005
r
--
Do you now serve, or have you served on a Yes
Collier County board or committee?
If yes, please list the boards I committees:
Pathways Committee Landscape Code Revision Advisory
Comm ittee
Please list your community activities:
Emerald Greens Condominium Assn Grounds Committee
Emerald Greens Condominium Board Member Police
Activity League Board Member American Society of
Landscape Architects - Local Chapter Chair State Training
program for those taking national landscape architecture
exam. FGCU Renaissance Ball Committee (donated
design services for interior landscape)
Education:
B.S. Landscape Architecture - University of
Massachusetts at Amherst M.S. Landscape Architecture-
Univeristy of California at Berkeley
~
Experience I Background:
1990 to Present - Registered Landscape Architect - State
of Florida 1990 to Present - Owner of a small
environmentally-oriented landscape architectural firm
specializing in park design and planning 1980 to Present-
Author of ten reference books on landscape design, site
design and management process, off-highway vehicle
use, and park, recreation and leisure facilities site
planning 1981-89 - Asst. Professor of Landscape
Architecture - King Faisal University, Dammam, Saudi
Arabia 1968-1981 - Chief of Planning and Development,
Bureau of State Parks, Pennsylvania 1966-1968 - Divison
of Beaches and Parks - State of California Reservoir
Recreation Development 1963-1966 - East Bay Regional
Park District - San Francisco Bay Area, California 1961-
1963 - Hayward Area Recreation and Park District -
California 1959-1961 - National Park Service, Western
Office, Division of Design and Construction
-,
5/20/2005
Page 2 of2
Agenda Item No. 9A
September 13, 2005
Page 16 of 17
Agenda Item No. 9A
September 13, 2005
Page 17 of 17
Attention: Forest LIJIcn ROIUlwq IUId Drllbuzge M.s. 7: U. Advisory
Committee.
PletlSe except "9' reslgutiD" fro.. tlte IUlvisory IHHIrd effective May
21U1 tIS I will "0 longer live in tile Forest uus COllfllNlllity.
It "IIB been . plellSure working on tile 6otud.
Sjncerely,
r<~~
Robert C""ning""11t
J
EXECUTIVE SUMMARY
Agenda Item No. 98
September 13, 2005
Page 1 of 17
APPOINTMENT OF MEMBER(S) TO THE COLLIER COUNTY AIRPORT AUTHORITY
OBJECTIVE: To reappoint 3 members and appoint 1 member to serve 4 year terms, expiring
on August 10, 2009 to the Collier County Airport Authority.
CONSIDERA TIONS: The 7 member Airport Authority was created on June 22, 1993, by
Ordinance No. 93-36 and has the responsibility for the construction, improvement, equipment,
development, regulation, operation and maintenance of the airports and airport facilities.
Members of the Authority shall be residents of Collier County with business ability and
experience in one or more fields which, by way of example, may include, but are not limited to,
general business, economic development, aviation, public affairs, law, finance, accounting,
engineering, natural resource conservation or other related fields. There shall be at least 1
member of the Authority appointed from each of the communities oflmmokalee, Marco Island,
and Everglades City if a qualified candidate who resides within the respective area is available
for appointment to the Authority. No person holding elected office at the State, County, or
Municipal level shall be appointed to, or be a member of, the Authority. Members must file a
Form 1 Statement of financial Interests each year with the Supervisor of Elections. A list of the
current membership is included in the backup.
The terms for Byron 1. Meade, Dennis P. Vasey, Stephen L. Price, and James A. Peterka expired
on August 10,2005. A press release was issued and resumes were received from the following 4
interested citizens:
APPLICANT
CATEGORY
mg ELECTOR ADV. COMM.
Stephen L. Price-re-appt Finance, Immokalee Resident 5 Yes Airport Authority
James A. Peterka-re-appt Aviation; Gen Bus & MI Resident 1 Yes Airport Authority
Richard Schmidt-new appt General Business 5 Yes Public Vehicle Adv Comm
Byron Meade-re-appt General Business 4 Yes Airport Authority
COMMITTEE RECOMMENDATION: Stephen L. Price - re-appointment
James A. Peterka - re-appiontment
Richard Schmidt - new appointment
Byron Meade - re-appointment
FISCAL IMPACT: NONE
GROWTH MANAGEMENT IMPACT: NONE
RECOMMENDATION: That the Board of County Commissioners consider the
recommendation for appointment, appoint 4 members, and direct the County Attorney to prepare
a resolution confirming the appointments.
Prepared By: Sue Filson, Executive Manager
Board of County Commissioners
Agenda Date: SEPTEMBER 13, 2005
Item Number:
Item Summary:
Meeting Date:
/\gerrda Item No 98
September 13, 2005
Page 2 0117
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
96
Appointment of mombers to the Collier County Airport Authority
9113/20059:00:00 AM
Prepared By
Date
Sue Filson
Board of County
Commissioner.
ElIecutiva Manager to the Bee
Bee Office
8/18120054:02:04 PM
Date
Allprond By
Leo E. OChs, Jr.
Bo,ud of County
Commissk>ners
Deputy County Manager
County Managet'fi. Office
8/2:3/200511 ;28 AM
.. ...
Agenda Item No. 98
September 13, 2005
Page 3 of 17
MEMORANDUM
RECEIVED
AUG 1 1 2005
Board of County Commissioners
DATE:
August 9,2005
TO:
Sue Filson, Executive Manager
Collier County Board of Commissioners
FROM:
Theresa M. Cook, Executive Director If:::) .
Collier County Airport Authority ~
RE:
Airport Authority
At the August 8, 2005 Collier County Airport Authority (CCAA) Board meeting CCAA
Board members voted unanimously to recommend the Collier County Board of
Commissioners appoint all four applicants for the above-referenced board:
Applicant
Stephen L. Price
James A. Peterka
Richard Schmidt
Byron Meade
Area( s) of Expertise
Finance, Immokalee Resident
Aviation & General Business, Marco Island Resident
General Business
General Business
Please contact us at 642-7878 Ext. 34, if you need additional information from the Airport
Authority.
Thank you.
TMC
Agenda Item No. 98
September 13, 2005
Page 4 of 17
...-
Airport Authority
Name WOf'k Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Mr. Robert E. Doyle, Jr. 434-4954 11/23/99 08/1 0/03 4 Years
3201 70th Street, S.W. 263-0929 09/10103 0811 0/07 4 Years
Naples, FL 34105
E-Mail: red@quarles.com
District: 3
Category: LegaVEDClPiIot
Mr. E. Raymond Rewis S'6\rft.... 695-4902 06/12/01 08/1 0/03 2 Years
P.O. Box 390 r~ "J-'C~ 695-4270 09/1 0/03 08/1 0/07 4 Years
Chokoloskee, FL 34138 ~.
E-Mail:
District: 5
Category: Aviation/Everglades City
Mr. Byron J. Meade n5-0623 06/08/04 0811 OIOS 1 Year /'
1303 Cobia Court nS-<J623
--
Naples, FL 34102
E-Mail: jrneade6000@aol.com
District: 4
Category: Business and Finance
Mr. Dennis P. Vasey 09111101 08/1 0/05 4 Years v'
4398 N Longshore Way 598-4326
Naples, FL 34]] 9
E-Mail: dennisvasey@gulfi1ccess.net
District: 3
CaJegory: Aviation logistics & airfield mgmt
Mr. Stephen L. Price 657-3171 08/10/93 0811 0/97 4 Years /'
1400 N. 15th Street 657-1014 09/11101 0811 0105 4 Years
Immokalee, FL 34142
E-Mail:
District: 5
Category: PilotfBusinessman
.------"
Frida:!, Februar;p 25, 2005
Page 1 of2
Agenda Item No. 98
September 13, 2005
Page 5 of 17
-~
Airport Authority
Name
Work Phone Appt'd Exp. Dale Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Mr. James A. Peterka 768-4486 05/13/03
1101 Edington Place 389-4262
Marco Island, FL 34145
E-Mail:
District: 1
Category: Public Affairs, General Business, Aviation
08/1 0/05
2 Years
/'
Mr. Eugene J. Schmidt
383 Harbour Drive, #205
Naples, FL 34103
E-Mail: email1@mindspring.com
District: 4
Category: Aviation
642-7878 09/08/98
263-3444 12/15/04
08/10/99
08/10/07
1 Year
3 Years
This 7 member authority was created on June 22, 1993, by Ordinance No. 93-36. Members of
the Authority shall be residents of Collier County with business ability and experience in one or
,.--_. more fields which, by way of example, may include, but are not limited to, general business,
economic development, aviation, public affairs, law, finance, accounting, engineering, natural
resource conservation or other related fields. There shall be at least 1 member of the Authority
appointed from each of the communities of Immokalee, Marco Island, and Everglades City if a
qualified candidate who resides within the respective area is available for appointment to the
Authority. No person holding elected office at the State, County, or Municipal level shall be
appointed to, or be a member of, the Authority. Members must file a Form 1 Statement of
financial Interests each year with the Supervisor of Elections.
Tom Palmer, County Attorney 774-8400
Board meets 2nd Monclay of each month
FL STAT 330 &. 333
Stoff: Theresa M. Cook, Executive Director, Airport Authority: 642-7878
/~ .',
Friday, February 25, 2005
Page2of2
MEMORANDUM
Agenda Item No, 98
September 13, 2005
Page 6 of 17
TO: Elections Office
RECEIVED
JUL f 3 2005
DATE: July 11,2005
FROM: Sue Filson, Executive Manager
Board of County Commissioner
Board of County CommluIan.,.
RE: Voter Registration - Advisory Board Appointments
The Board of County Commissioners will soon consider the following individuals for appointment
to one of the county's advisory committees. Please let me know if those listed below are
registered voters in Collier County.
Also, please list the commission district in which each applicant resides.
AIRPORT AUTHORITY
COMMISSION DISTRICT
Stephen L. Price
1400 N. 15th Street
Immokalee, FL 34142
!5
James A. Peterka
1101 Edington Place
Marco Island, FL 34145
}
5
1
Richard Schmidt
2786 Orange Grove Trail
Naples, FL 34120
Byron Meade
1303 Cobia Ct.
Naples, FL 34102
Thank. you for your help.
MEMORANDUM
Agenda Item No. 98
September 13, 2005
Page 7 of 17
DATE:
July 11, 2005
TO:
Theresa M. Cook, Airport Autf1hOrit); ecutive Director
Sue Filson, Executive Manager, I
Board of County Commissioner "
Authority Authority
FROM:
RE:
As you know, we currently have vacancies on the above-referenced advisory committee. A press
release was issued requesting citizens interested in serving on this committee to submit an application
for consideration. I have attached the applications received for your review as follows:
Stephen L. Price
1400 N. 15th Street
Immokalee, FL 34142
James A. Peterka
1101 Edington Place
Marco Island, FL 34145
Richard Schmidt
2786 Orange Grove Trail
Naples, FL 34120
Byron Meade
1303 Cobia Ct.
Naples, FL 34102
Please let me know, in writing, the recommendation for appointment ofthe advisory committee
within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration.
Please categorize the applicants in areas of expertise. If you have any questions, please call me at
77 4-8097.
Thank you for your attention to this matter.
SF
Attachments
07/0B/200fi-FRI 12:47 FAX 9042771044 RC,Amelia Island BUS.CTR
JUL-~e~~~0~ 1~:3e AM CCAA ~~~ ~'4
Agenda Item ~.O~/002
~ ~ 1 :I September 13, ~O!Q:,:2
Page 8 of 17
Board of County Comulissioners
3301 Ea., Tanlluml Tnt!
Nltplc8, fl. 34112
o.39} 774-8097
Fax; (139) 774-J6U2
J- f7J~'~
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Application for Advisory Committees/Boards
Nllmt: .5l-e/JA &" L. /:. / .(, t'.
,
Home Phone: .2 J? ~ c;._~'Z: /0/'(
ff. . - 1.1
Home Addreu: 1'( () 0 /1./, I.C...J..It:. ::C-?1 II'! {; ;<'/1"(( e. Zip Code: .3 ./ I $1:';_
FMIi No,).]'? t.S."1 ..JJi(.I"/."SQ,i.ae" Phonc:-ln c:..r'7.~'~3.i..2L~ O"IDAU address: s.~f"" ?e' t:\f.{-.;" ,J4(,~"III'lh/ 'i?j,'7~'Ik.
.. , () '/. ./. " . .-'. .- '/" . " 17 t' f'
Dusiness: I r,N.lI'1 1(1 ,..r.... ('. (.{2{) 1~'c'''1(3.:; l.J.',:";'}.'lll.u" .z. /).:)7,1::
I'
Boar(& or ComndtteG Appl!tld (or: .4 J -r 110 I .;
"
4,.( It:J I, 'I,
CRtegory (if l\ppIiCRble):
&umplo, C"lIImlNIIII\ DI.trltt, O,,'ellllfer, ....vlmqm.II..It..lny ph'lvn.ltc.
Are you Q regilt.red voter'u CoUler County: Vel
Do you currently hold publJe oMce? VelI
rf .n, ",hilt it thllt omee?
V"'.
No
No
~:.---
Db you IIOW .c:....o, or hno )'OU nClr 'o",'~o,lI a Collier C:Ollhl)' >o~ or commltlee? Y418
ftyet, plea"o u.t th. enmmitt..llbaards: " rl'" (j, ;r1.t1./~.. r, I?
v
No
Educlltion! Iff //5 .a
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p,~,~ 4tt#I:/I An)' "ddlltHUllllf{orm(lttqlf~fer' tnl'tlntmt 11116l1ppllCtltlOIl,hOMld bejbrwfjrdtd to SUit Filmlf, EzeCII"~ Mill/AI"
M tlJr. BnNd#ifCIIU"IJIC"-""fi"".".,, J1fJJ IlJIIITwMl,,"" TNI4 NaplR,n UI1z. ff)lO" ""illr.l1I-r.ftDC)'tJII'./Illt1lttlrmtfl
(21'1) ''''..360' Dr HIUItJ M tlJJt1J1u~/1.r.I/J.!!!JJIJ T1I.,lflc )ltluftl' vMurtHrl"K to,_ tlrr cllU(!Jf$ tJ/'CDlllt:r" C""'IIO'.
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Agenda Item No. 98
September 13, 2005
RECE1~E\)7
JUL 1 1 2005
James A. Peterka
1101 Edington Place
Marco Island, Florida 34145-2000
Board of County Commissioners
Voice/Fax: 239.389.4262
e-mail: jimpeterka@vcmails.com
July 7, 2005
Mrs. Sue Filson
Executive Manager, Board of County Commissioners
3301 Tamiami Trail East
Naples, Florida 34112
Dear Ms, Filson:
I'm enthusiastic about the opportunity to again apply for the upcoming vacant position
on the Collier County Airport Authority Board. My considerable experience in the listed
areas of concern appears to be a perfect fit for your needs.
I have attached an application, together with my resume. If you have any questions, or
need additional information, please contact me. References available upon request, and
thanks for your consideration.
Enclosure
Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
(941) 774-8097
Fax: (941) 774-3602
Agenda Item No. 98
September 13, 2005
Pa e 10 of 17
Application for Advisory Committees/Boards
Name: James A. Peterka
Home Phone: (239) 389-4262
Home Address: 1101 Edineton Place: Marco Island. FL
Zip Code: 34145
Fax No. (239) 389-4262 Business Phone:
N/A
e-mail address:iimoeterka@vcmails.com
Business: Retired
Board or Committee Applied for: Airport Authority
Category (if applicable): Marco Island Resident
Eumple: Commission Dislrict, Developer, eDvil'Ollmcntalist, laypenon, eic.
Are you a registered voter in Collier County: Yes
Do you currendy hold public office? Yes
Iho, what is that office?
x
No
No
x
Do you now serve, or have you ever served, on a Collier County board or committee? Yes X No
If yes, please list the committeeslboards Airoort Authority Board: Revenue Commission Member.
Please list your community activities (civic clubs, neighborhood associations, etc. and positions held:
Presently servin!! a second term on the Marco Island Beach Advisorv Committee: graduate of the inaugural
class of the Marco Island Leadership program. Prior to relocatin!! to Collier County. served as President and
Treasurer of my Condominium Association and as a board member of Chesapeake NeilZhbors. a local non-
profit organization supportin!! the develoomentally disabled. Member of the Marco Island Chamber of
Commerce.
Education: MBA. Golden Gate University. San Francisco. CA. 1977
BA. Golden Gate University. San Francisco. CA. Summa Cum Laude. 1975
Experience: Two years on the Collier County Airoort Authoritv Board. Fortv plus years of progressively
increasin!! resoonsibilitv in key management and ooerations oositions in the aviation field. These include
airoort operations: construction olanning. deshm and development: airfield. pavement.. facility and l!TOunds
maintenance. renovations and imorovements: equipment acquisition and upkeep: and knowledge and
compliance with federal and state relZulatorv and l!I'ant reauirements. Possess 5000 flvin!! hours and a
commercial oilot's license with instrument rating. Please see attached resume for specific positions and
responsibilities.
Pleae attack IUIJ' IlIIditional inj"o1'1NltUJn you /u/ pertinent This app//ctllion slwuld be forwarded to Sue Filson, Exealtive Manager to the
Board 0/ Coultty Ctmllllissioner$, 3301 EtISI Tturriami T1YIII, Naples, FL 34111. l/you wish, please /flX your appIicotion to (941)774-3{j()] or
e-mail tosuefi/s(JnfiDct1l1it'f1!Ol'.lIef. Thank you for vohmteerl", to serve the citi;._ 0/ CoIUer Coultty.
Agenda Item No. 98
September 13, 2005
Page 11 of 17
JAMES A. PETERKA
1101 Edington Place
Marco [<iiland, Florida 34145
Home (239) 389-4262
Fax (239) 389-4262
OBJECTIVE
A continuing position on the Collier County Airport Authority.
EDUCATION
MEA, Golden Gate University - 1977
BA, Golden Gate University, Summa cum Laude - 1975
SUMMARY
Forty plus years of progressively increasing responsibility in key management and operations positions
in the aviation field, including documented successes managing organizations in excess of 500
personnel and budgets of $50 million annually. Comprehensive experience in airports and airport
facilities construction, improvements, equipment, development, regulation, operation and maintenance.
EXPERIENCE
2003 _ Present: RETIRED. Presently a member of the Collier COWlty Airport Authority Board;
member of the Marco Island Beach Advisory Committee and member of the Collier County Revenue
Commission.
1997 - 2003: SENIOR FACILITIES MANAGER, Southwest Florida International Airport.
Directly responsible for all planning, programming, budgeting and management of the Airport Facilities
program, to include maintenance, upkeep and repair of all structures, vehicles, equipment, landscaping
and grounds. Member of numerous working groups active in the design of the Airport's new Midfield
Passenger Tenninal, parking garage and other outbuildings.
1990 _ 1997: ASSISTANT DIRECTOR OF MAlNTENANCE, Maryland Aviation Administration,
BaltimoreIWashington International (BWI) Airport, Maryland. Directly responsible for the preparation
and control of an annual $23 million operating budget, including service contracts valued at $11.1
million and overall airport facility housekeeping, maintenance and repair of 56 structures, to include a 1
million square foot tenninal complex. Responsible for review, recommendations and final inspection of
all airport construction projects to insure all relevant code and aesthetic considerations were included.
Assisted the Director in the management of a 170 vehicle fleet, a staff of 140 personne~ 15 miles of
runways and taxiways and 600 acres of aircraft parking ramp.
1985 _ 1990: DEPUTY DIRECTOR OF MAlNTENANCE, Dover, DE. Generated, implemented
and executed annual operating budgets of $26 million, and planned and prioritized capital expenditures
averaging $18 million per year for 29 large facilities, runways and taxiways. Directed all personnel
planning, to include recruitment, training, and qualification of2200 people.
Agenda Item No. 98
September 13, 2005
Page 12 of 17
lames A Peterka
Page Two
1982 - 1985: PROPULSION MANAGEMENT DMSION DIRECTOR, San Antonio, TX. Planned
and executed annual operating budgets in excess of $2 billion. Directed over 400 engineering and
technical personnel in the detennination of spare parts requirements, distribution, depot maintenance
programs, and technical and engineering management. Directly responsible for worldwide logistics
support for 90,000 aircraft and ground support engines valued in excess of$5.25 billion.
1981 - 1982: TRANSPORT SYSTEMS PROGRAM MANAGER, San Antonio, TX. Directed the
efforts of 55 people, and developed and executed an annual operating budget in excess of $60 million.
Responsible for worldwide logistical support, including supply, maintenance, transportation,
procurement and production of 202 aircraft.
1979 - 1981: MAINTENANCE UNIT DIRECTOR, Fairfield, CA Directed the activities of over
500 people, and developed and executed an annual operating budget in excess of $5 million.
Responsible for all maintenance activities performed on 36 home based aircraft and 650 transient
aircraft per month.
1977 - 1979: FLYING UNIT OPERATIONS DIRECTOR, Fairfield, CA Responsible for personnel
management, to include selection, training, currency, and upgrade of 300 plus flying personnel.
Responsible for developing and executing a $3.5 million annual operating budget. Personally
maintained the highest proficiency in worldwide flying, including contingency and aerial refueling
operations.
1975 - 1977: FLIGHT OPERATIONS, Fairfield, CA Transitioned from first officer to captain in the
world's largest multi-engine jet aircraft involved in international passenger and cargo operations.
1973 - 1974: FLIGHT OPERATIONS, Agana, Guam. Performed operations as the airplane captain,
including hunicane and typhoon penetration and tracking, as well as air sampling.
1960 - 1973: FLIGHT OPERATIONS, Numerous locations. Functioned as pilot, navigator and
electronic warfare officer in a variety of aircraft worldwide, including combat operations.
PERSONAL
Selected for, and graduated from, Marco Island's inaugural Leadership Development Program.
Full time Marco resident since May 1998.
Completed the inaugural Leadership Development Program in Anne Arundel County
(Annapolis) MaJ)'land.
Previous Board Member of local non-profit organization supporting the developmentally
disabled.
Former President and Treasurer of Condominium Association Governing Board.
Member of numerous professional, social and civic organizations, including the Marco Island
Chamber of Commerce.
Have 5, 000 hours flying time and a commercial pilot's license with instrument rating.
Page 10f2
Agenda Item No. 98
September 13, 2005
Page 13 of 17
filson_s
.m:
advisoryboards@coltiergov .net
Sent: Friday, July 01, 2005 9:41 PM
To: filson_s
Subject: New On-line Advisory Board Application Submitted.
~
Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
Tel: (239) 774-3602
Fax: (239)774-3602
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,,,.:. '. ........ . ~.:i
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July 01, 2005
Application for Advisory Committees I Boards
Name: Richard Schmidt Home Phone: 239-354-3490
Home Address: 2786 Orange Grove Trail
e City: Naples Zip Code: 34120
Fax Number: No information provided. Business Phone: No information provided.
Email Address:rschmidt1956@earthlink.net
Place of Employment: Retired
How long have you lived in Collier County? 1-2 years
Have you ever been convicted of any offense against the law? No
Are you a registered voter in Collier County? Yes
Board I Committee Applied for: Collier County Airport Authority
Category: (if applicable) Citizen At-Large
e Do you currently hold public office? No
7/5/2005
~
~
'~
7/5/2005
Page 2 of 2
Agenda Item No. 98
September 13, 2005
Page 14 of 17
Do you now serve, or have you served on a
Collier County board or committee?
No
Please list your community activities:
Fin Accountability Committee, Grand Parkway Bapt.
Church, Houston, TX Institute of Mgt Accountants,
Houston Chapter, Houston, TX (R. McDonald House
Sponsor) American Council of Higher Ed, Military Ed Eval
Team, Washington, DC Institute of Mgt Accountants,
Board of Dir, Hampton Rds Chapter, VA CDR(Ret),
Engineering Officer, USNR Deacon, Deep Creek Bapt.
Church, Chesapeake, VA
Education:
PhD, Bus Admin, Santa Clara University MBA, University
of Utah BS Chem Eng, University of Utah
Experience I Background:
Econ Eval Eng, Dow Chemical Co. Mkt Develop Mgr,
Kaiser Alum. & Chem. Co. Dir of Fin and Admin, ARC
Professor of Accounting, 8 universities Dean, School of
Business, 4 universities
filson_s
_m: advisoryboards@colliergov.net
Sent: Wednesday, June 22, 2005 4:04 PM
To: filson_s
Subject: New On-line Advisory Board Application Submitted.
~
Board of County Comm issioners
3301 East Tamiami Trail
Naples, FL 34112
Tel: (239) 774-3602
Fax: (239)774-3602
June 22,2005
Application for Advisory Committees I Boards
Name: Byron Meade Home Phone: 239-775-0623
Home Address: 1303 Cobia Ct.
e
City: Naples, FI Zip Code: 34102
Page lof2
Agenda Item No. 98
September 13, 2005
Page 15 of 17
<<L.t1Ji),
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Fax Number: No information provided. Business Phone: No information provided.
Email Address:jmeade6000@aol.com
Place of Employment: self
How long have you lived in Collier County? 5-10 years
Have you ever been convicted of any offense against the law? No
Are you a registered voter in Collier County? Yes
Board I Committee Applied for: collier country airport authority
Category: (if applicable) No information provided.
.
Do you currently hold public office? No
6/22/2005
.
..
-)
6/22/2005
Page 2 of2
Agenda Item No. 98
September 13, 2005
Page 16 of 17
Do you now serve, or have you served on a Yes
Collier County board or committee?
If yes, please list the boards I committees:
present time a member of the collier country airport
authority
Please list your community activities:
President, Lorenzo Walker Institute of Technology
Foundation
Education:
B.S. Purdue University
Experience I Background:
Licensed pilot last 50 years
Agenda Item No. 98
September 13, 2005
Page 17 of 17
filson s
-
From:
Sent:
To:
Subject:
Dennis P. Vasey [dennisvasey@gulfaccess.net]
Tuesday, June 21, 2005 9:26 PM
filson_s
RE: Airport Authority
Sue,
Thanks for your prompt reply and comments regarding Janet.
I'm not seeking reappointment to the airport authority.
Duke
.,.........
EXECUTIVE SUMMARY
Agenda Item No. ge
September 13, 2005
Page 1 of 12
APpOINTMENT OF MEMBER(S) TO THE LAND ACQUISITION ADVISORY
COMMITTEE .
OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant term, expiring on
February 11, 2008, to the Land Acquisition Advisory Committee.
CONSIDERA TIONS: The Land Acquisition Advisory Committee was created by Ordinance
No. 2002-63. This 9-member committee's primary responsibility is to recommend to the BCC an
Active Properties Acquisition List with qualified purchase recommendations of environmentally
sensitive lands consistent with the goals of the Conservation Collier Land Acquisition Program.
Membership of the committee shall comprise broad and balanced representation including
environmental and conservation interests, agricultural and business interests, educational
interests, and general civic and citizen interests within the County. Members shall have
expertise, knowledge or interest in ecology, conservation of natural resources, real estate or land
acquisition, land appraisal, land management, eco-tourism or environmental education. A list of
the current membership is included in the backup.
Kathy Prosser resigned on June 9, 2005. A press release was issued and resumes were received
from the following 2 interested citizens:
APPLICANT
CATEGORY
lli[t ELECTOR AnV. COMM.
Brent Moore Environmental; Conservation; Ag; 4 Yes Smart Growth
Bs, Education; Ecology; R.E.;
Land Management
Stan Weiner Ag; Bs; Civic 2 Yes None
COMMITTEE RECOMMENDATION:
Brent Moore
FISCAL IMPACT: NONE
GROWTH MANAGEMENT IMPACT: NONE
RECOMMENDATION: That the Board of County Commissioners consider the
recommendation for appointment, appoint 1 member, and direct the County Attorney to prepare
a resolution confirming the appointments.
Prepared By: Sue Filson, Executive Manager
Board of County Commissioners
Agenda Date: SEPTEMBER 13, 2005
Agenda Item No. 9C
Sepiernber 13,2005
Pa;Jfl 2 of 12
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
9C
Item Summary:
Meeting Date:
Appointment of m~;mber to the Land Acquisition Advir;ory Committee
9/13/20059:00:00 AM
Prellared By
Sue Fil50n
Board of County
CommISsioners
Executive Managcrto the Bee
D...
Bec OffIC~
81HH2005 4:02:04 PM
Approved By
Leo E. Ochs, Jr.
Board of County
CommissioneF'fi
Deputy County Manager
Date
County MlInager'f; OffIce
8/23/200511:33 AM
Agenda Item No. 9C
September 13, 2005
Page 3 of 12
Memorandum
To:
Sue Filson, Executive Manager, Board of County Commissioners
Cc:
Bill Lorenz, Director, Environmental Services Department
From:
Alexandra J. Sulecki, Coordinator, Conservation Collier Program
Date:
August 10, 2005
Subject:
Recommendation for Conservation Collier Committee appointment
On August 8, 2005, the Conservation Collier Land Acquisition Advisory Committee
(CCLAAC) met at their regularly scheduled monthly meeting and discussed the
appointment of one (1) member to fill the upcoming vacancy for Kathy Prosser's term,
due to expire on February 11, 2008. After discussion about the two (2) applications, a
motion was made and seconded to recommend that Brent Moore be appointed for the
vacant seat. This recommendation was based on the applicants stated qualifications. The
motion and second were unanimously approved.
Please :find attached a table identifying how each of the two applicants met the
qualifications required for service on the CCLAAC.
Environmental Services Department
Community Development & Environmental Services Division
ULDN
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Agenda Item No. ge
September 13, 2005
Page 5 of 12
.r--..
Land Acquisition Advisory Committee
Name
Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Mr. Willis P. Kriz 02/11/03
770 Waterford Drive, #303 732-1982
Naples, FL 341 13
E-Mail:
District: 1
Category: Environmental/ AglCivic
02/11/06
3 Years
Ms. Ellin Goetz 64~n 02/11/03 02/11/06
439 3rd Avenue, North 263-6147
Naples, FL 34102
E-Mail:
District: 4
Category: AgriculturallBusiness Environmental/Conservation
3 Years
Mr. Wayne Jenkins 352-3175 02/11/03 02/11/06 3 Years
2500 Jenkins Way 455-8109
r
Naples, FL 34] 17
E-Mail:
District: 5
Category: Civic/Conservation
Mr. Anthony P. Pires, Jr. 649-6555 01/25/05 02/11/08 3 Years
209 Madison Drive 450-2474
Naples, FL 34110
E-Mail:
District: 2
Category: Land Use Attorney
Mr. William H. Poteet, Jr. 403-3840 02/11/03 02/] ] /05 2 Years
6] 80 Star Grass Lane 352-6822 03/08/05 02/11/08 3 Years
Naples, FL 34] 16
E-Mail:
District: 3
Category: AglBusinesslConservationIReal Estate
--
j.
Wednesday, l\./arch 09, 2005
Page 1 of3
-'l
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I
Land Acquisition Advisory Committee
Agenda Item No. 9C
September 13, 2005
Page 6 of 12
Name
Work Phone Appt'd Exp. Date Term
Home Phone Date.Re-oppt 2ndExpDate 2nd Term
2 Years
3 Years
2 Years
1 Year
3 Years
1 Year
3 Years
Ms. Kathy Prosser ..tI 403-4210 02/11/03 02111/05
4757 Cerromar Drive .eSlPjr 5 530-n05 03/08/05 02111108
Naples, FL 34112 { Or()
E-Mail: \11/
District: 1
Clltegory: EnvironmentaVEcology/Conservation
Ms. Mimi Wolok 403-9992 11116/04 02111/07
1112 Trail Terrace Drive 403-9992
Naples, FL 34103
E-Mail: mwolok@peganet.com
District: 4
Category: EnvironmentaVEcology/Conservation/RE & Land Acq
Mr. Michael Delate 947-1144 02/11103
574 ]OOth Avenue North 592-9834 01/27/04
Naples, FL 34] 08
E-Mail: mdelate@gradyminor.com
District: 2
Clltegory: EnvironmentaVCivic/Conservation
02111/04
02111107
Mr. Marco A. Espinar 263-2687 02/11/03
3880 Estey Avenue 0]/27/04
Naples, FL 34]04
E-Mail:
District: 4
Category: EnvironmentaVAglCiviclEcology
02/11/04
02/11/07
Wt!tlnesdap, March 09,2005
Pagt!2 olJ
.-
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Land Acquisition Advisory Committee
Work Phone
Home Phone
Ms. Kathy Prosser . d 403-4210
4757 Cerromar Drive .f.SlfJr 5 530-nOS
Naples, FL 34112 '( C,\,.O
E-Mail: \fI/
District: 1
Ctdegory: EnvironmentallEco Iogy/Conservation
Appt'd Exp. Date
DateRe-appt 2ndExpDote
Agenda Item No. ge
September 13, 2005
Page 7 of 12
Term
2nd Term
02/11/03
03/08/05
02/11105
02/11/08
2 Years
3 Years
2 Years
1 Year
3 Years
1 Year
3 Years
Name
Ms. Mimi Wolok 403-9992 11/16/04 02/11/07
I I 12 Trail Terrace Drive 403-9992
Naples, FL 34103
E-Mail: mwolok@peganet.com
District: 4
Category: EnvironmentallEcology/ConservationIRE & Land Acq
Mr. Michael Delate 947-1144 02111/03
574 100th Avenue North 592-9834 01/27/04
Naples, FL 34108
E-Mail: mdelate@gradyminor.com
District: 2
Ctdegory: EnvironmentaVCivic/Conservation
02/11/04
02/11/07
Mr. Marco A. Espinar 263-2687 02/11/03
3880 Estey Avenue 01/27/04
Naples, FL 34104
E-Mail:
District: 4
Category: EnvironmentaV AglC iviclEco logy
02/11/04
02/11/07
.....-.-
i
Wednesday, March 09, 2(}{JS
Page 2 of3
MEMORANDUM
Agenda Item No. 9C
September 13, 2005
Page 8 of 12
DATE:
July 11, 2005
RECEIVED
JUl 1 3 2005
BoerdOfCoun~~
TO:
Elections Office ~
. l
Sue Filson, ExecutIve Manager J
Board of County Commissione
FROM:
RE: Voter Registration - Advisory Board Appointments
The Board of County Connnissioners will soon consider the following individuals for appointment
to one of the county's advisory committees. Please let me know if those listed below are
registered voters in Collier County.
Also, please list the commission district in which each applicant resides.
LAND ACQUISITION COMMITTEE
COMMISSION DISTRICT
Brent Moore
900 Hidden Terrace Road
Naples, FL 34104
1/
c:{
Stan Weiner
9881 Clear Lake Circle
Naples, FL 34109
Thank you for your help.
MEMORANDUM
Agenda Item No. 9C
September 13, 2005
Page 9 of 12
DATE:
July 11, 2005
FROM:
Alex Sulecki, Environmental S~.
\
Sue Filson, Executive Manager I
Board of County Commissioners .
TO:
RE:
Land Acquisition Advisory Committee
As you know, we currently have a vacancy on the above-referenced advisory committee. A press
release was issued requesting citizens interested in serving on this corrnnittee to submit an application
for consideration. I have attached the applications received for your review as follows:
Brent Moore
900 Hidden Terrace Road
Naples, FL 34104
Stan Weiner
9881 Clear Lake Circle
Naples, FL 34109
Please let me know, in writing, the recommendation for appointment of the advisory committee
within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration.
Please categorize the applicants in areas or expertise. If you have any questions, please call me at
774-8097.
Thank you for your attention to this matter.
SF
Attachments
Page 1 of 2
Agenda Item No. 9C
September 13, 2005
Page 10 of 12
;Ison_s
.m: advisoryboards@colliergov.net
Sent: Friday, June 24, 2005 4:06 PM
To: filson_s
Subject: New On-line Advisory Board Application Subnitted.
~
Board of County Commissioners
3301 East Tamlami Trail
Naples, FL 34112
Tel: (239) 774-3602
Fax: (239) 774-3602
~L~~l .~.I
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June 24, 2005
Application for Advisory Committees I Boards
Name: Brent Moore Home Phone: 239-298-0314
Home Address: 900 Hidden Terrace Road
~
City: Naples Zip Code: 34104
Fax Number: 239-498-1193 Business Phone: 239-390-1152
Email Address:brentm@bonitabaygroup.com
Place of Employment: The Bonita Bay Group
How long have you lived in Collier County? 1-2 years
Have you ever been convicted of any offense against the law? No
Are you a registered voter in Collier County? Yes
Board I Committee Applied for: Land Acquisition Advisory
Committee
Category: (if applicable) Certified Land Planner (AICP)
-~
Do you currently hold public office? No
6/24/2005
Page 2 of2
Aaenda Item No. 9C
September 13, 2005
Page 11 of 12
e
Do you now serve, or have you served on aYes
Collier County board or committee?
If yes, please list the boards I committees:
Smart Growth Advisory Comm ittee (recently sunsetted)
Please list your community activities:
Board Member, East Naples Civic Association Member,
American Planning Association Member of Executive
Committee, Florida Planning and Zoning Association,
Calusa Chapter Moorings Presbyterian Church, Member
Member, Urban Land Institute
Education:
Masters of Science in Urban and Regional Planning,
Florida State University Bachelor of Arts in American
Studies, St. Olaf College, Northfield, Minnesota
.
Experience I Background:
I am the planning manager for The Bonita Bay Group,
responsible for managing land use planning for the
company. Prior to joining The Bonita Bay Group, I worked
as a project planner for WilsonMiller, where my projects
included land use analysis within the Collier County Rural
Lands Stewardship Area, involvement with the Ave Maria
Town Plan, and planning approvals for Arborwood, a
mixed use project in the City of Fort Myers. I also served
as a planner for the Florida Trail Association, a non-profit
organization partnered with the USDA Forest Service to
manage the Florida National Scenic Trail. In that capacity,
I was involved with land acquisition activities to close the
gaps for a 1 ,300-mile linear corridor spanning from
Pensacola to the Big Cypress National Preserve.
.
6/24/2005
~...-..
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~
-)
Board of County Commissioners
3301 East Tamiami Trail
Naples. FL 34112
(239) 774-8097
Fax: (239) 774-3602
Agenda Item No. 9C
September 13, 2005
:12 of 12
Application for Advisory CommitteeslBoards
Name: Stan Weiner
Home Pbone: 591-0316
Home Address: 9881 Clear Lake Circle
Zip Code: 34109-0787
Fu No. 591-0316 Basiness Phone: 591-0316
sweiner@swna.rr.com
e-mail address:
Place ofEmployeement: Retired
Board or Committee Applied for: Land Acquisition Advisorv Committee
Category (if applicable):
Exa.pIe: Comm.ioa District, Developer, eJIviroa_atalilt, Jay peno.. eke
How long have you lived in Collier County: Years 6
Months 9
Are you a registered voter in Collier County: Yes
Do you currently hold pnblic office? Yes
Use, wbat is fIIat off'lCe! Supervisor - Collier Soil & Water Conservation District (CSWCDl
Have you ever been convicted of any offense against tbe Law? No
Do you DOW serve, or have yotI ever served, OR . Collier COlIDty board or committee! No
.ryes, please list tlae committeesJboards:
Please list your community activities (civic clubs, neighborhood associations, etc. and positions held:
Wilshire Lakes Master Board - Secretaryffreasurer
Board - Property Owners of North Naples
Collier County Sky Watch Program
North Naples Community Emergency Response Team (CERT)
Education: B. S. Cbemical En2ineerin2
Experience:
5 vean on tbe CSWCD - Currentlv - Secretarv I Treasurer
Pleae IIItllch /III} IIddition" infonn/lllon]OIl fed pertbtellL Tlrls ""pUc.tion IIhOllld be fonvtuded to Sue Filso,., ExeC#liu M"nlllu to
TIre BOII,d of CO_I] Co"""lssiorm'S, 3301 EIIJIt T.",.I T,,,1l, N""la, FL 34/11. lflO1l willi, pleat! ffIX ]OIU ""pac.tion to
(23'1)774-36810' t!-mllil to sUl!rllson(il>colliert!o".net. Thank .I'OIIfo, l'obmturing to !If!n'1! thl! citi:enll ofCol/in COIIn9'.
.-
EXECUTIVE SUMMARY
Agenda Item No. 9D
September 13, 2005
Page 10f 12
APPOnrrMENT OF MEMBER(S) TO THE LEL Y GOLF ESTATES BEAUTIFICA nON
ADVISORY COMMITTEE
OBJECTIVE: To appoint 2 members to serve 4 year terms, expiring on October 1,2009, to the
Lely Golf Estates Beautification Advisory Committee.
CONSIDERATIONS: The Lely Golf Estates Beautification Advisory Committee has 2
terms expiring on October 1, 2005. This 5 member committee assists and advises the Board of
County Commissioners in handling matters pertaining to the beautification taxing district. The
district was created by referendum vote on November 4, 1986, for the purpose of beautifying and
maintaining the median strips of the streets and other public area within Lely Golf Estates.
Applicants must reside within the boundaries of the municipal service taxing unit. Terms are 4
years. A list of the current membership is included in the backup.
The terms for Robert C. Cole and Anthony 1. Branco will expire on October 1,2005. A press
release was issued and resumes were received from the following 3 interested citizens:
APPLICANT
CATEGORY
~ ELECTOR ADV. COMM.
Anthony J. Branco Resides with MSTU District 1 Yes Lely Golf Est Beaut Adv Comm
Robert C. Cole Resides with MSTU District 1 Yes Lely Golf Est Beaut Adv Comm
Beverly Bennett Resides with MSTU District 1 Yes None
COMMITTEE RECOMMENDATION:
Anthony J. Branco - re-appointment
Robert C. Cole - re-appointment
NOTE: Section Seven (B) of Ordinance 2001-55 states "Tenns of office for Board members
shall be limited to two consecutive terms of service on anyone Board. . ." Under (D) of the
same section, it is noted that "By a unanimous vote of the Commission, the limitations set forth
in subsection (B) above may be waived". According to available records, Robert C. Cole has
served 3 + terms. Should the Board wish to re-appoint Mr. Cole, the limitations on two
consecutive terms will need to be waived.
FISCAL IMPACT: NONE
GROWTH MANAGEMENT IMPACT: NONE
RECOMMENDA TION: That the Board of County Commissioners consider the
recommendation for appointment, appoint 2 members, and direct the County Attorney to prepare
a resolution confirming the appointments.
Prepared By: Sue Filson, Executive Manager
Board of County Commissioners
Agenda Date: SEPTEMBER 13, 2005
Item Number:
Item Summary:
Meeting D.te:
Ag8ncla Item No 90
September 13, 2005
Pag+-) 2 of 12
COLLIER COl!NTY
BOARD OF COUNTY COMMISSIONERS
90
Appointment 01 members to the Lely Gall Esta1es Beautification Advisory Committee
9/13120059:00:00 AM
Prepared By
Om.
Sue FII!>on
Board of County
CommissioneNl
Executive Manngcr to. the BeC
Bee Office
8118/20054:02:04 PM
Date
Approved By
James V. Mudd
Board of County
Commissionerr.
County Manager
County Manager's Office
8/25/200512:41 PM
Agenda Item No. 9D
September 13, 2005
Page 3 of 12
TO: Sue Filson. Executive Manager
Board of County Commissioners
FROM: Tessie Sillery, Operations Coordinator
DATE: August 24, 2005
SUBJECT: Lely Golf Estates MSTU Recommendation to the Board for Filling Vacant Position.
The Lely Golf Estates Beautification MSTU, has reviewed the three applications received by the
prescribed deadline for the two vacancies. Applicants were evaluated based on their potential
contributions to the Committee. All applicants meet the criteria required to be eligible for the committee
and reside within the MSTU's district boundary.
The Committee recommends the following applicants for appointment to the vacant term as indicated
below:
TYPE OF TERM FIELD OF EXPERTlSFlCATEGORY
NAME APPOINTMENT EXPIRES
Mr. Anthony Branco Re-appointment October 1.2005 Resident of Naples 15 years + BS Computer
Science & Economics.
Community Activities: (2 year term) -Lely Golf
Estates MSTIJ, Subcomittee- Lely Entrance
Signage Committee, Lely Civic Assn.
Mr. Robert Cole Re-appointment October 1, 2005 Resident of Naples 23 years , High School &
College Degree, Meals on Wheels 22+ years. -
Retired
Conununity Activities: (Subcommittee Budget
Analyst) for the Lely Golf Estates MSTU.
President to the Lely Civic Assn, East Naples
Civic Assn.
Transportation Services Division
Ah. Transportation Modes Department
Agenda Item No. 90
September 13, 2005
Page 4 of 12
August 24, 2005
Memo - Lely Golf Estates Beautification MSTU
Page 2
At this time the Committee does not recommend the following applicants for appointment to the
Committee:
nELD OF EXPERTISE'CATEGORY
NAME
Beverly Bennett
Education 13 years - Business Owner, Realtor
Retired: - Collier County Resident
Community Activities: Board of Directors - Vista
Palms Condo, Chaired at Royal Palm Country Club
several times.
Please let me know if you need additional information.
Transportation Services Division
Alt. Transportation Modes Department
..-r
Agenda Item No. 90
September 13, 2005
Page 5 of 12
Lety Golf Estates Beautification Advisory Committee
Name
Work Phone Appi'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Mr. David Larson 269-4015 04/12/05
163 Doral Circle 793-8618
Naples, FL 34113
E-Mail: none
District: 1
Category: Resides within MSTU District
Mr. Robert C. Cole
301 Forest Hills Boulevard
Naples, FL 34113
E-Mail:
District: ]
Category: Resides within MSTU District
12/17/91
10/09/01
,---.
Mr. Ron Torp 774-9311 10/08/02
349 Pinehurst Circle 774-3174
Naples, FL 34 I 13
E-Mail:
District: 1
Category: Resides within MSTU District
Mr. Tony Branco 514-5292 01128/03
147 Pebble Beach Circle 793-4364
Naples, FL 341 t 3
E-Mail:
District: 1
Category: Resides within MSTU District
Mr. Robert M. Slebodnik 02/27/01
32 Pebble Beach Boulevard 775-3491 10/08/02
Naples, FL 34113
E-Mail:
District: 1
Category: Resides within MSTU District
Wednt!Sday, April 13, 2(J()5
Pagel of 2
10/01/09
4 Years
1 % 1/93
10/01/05
-2 Years
4 Years V"
10/1/06
4 Years
1 % 1/05
2.9Years ~
10/01102
10/01/06
1.5 Years
4 Years
Agenda Item No. 90
September 13, 2005
Page 6 of 12
Lely Golf Estates Beautification Advisory Committee
Name
Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
This 5 member committee was crealed by Ord. No. 87-69 to prepare and recommend an
itemized budget for the LeIy Golf Est&tes Beauttftcation Municipal Service Taxing Unit and aids
and assists the Board fA County Commissioners in carrying out the services of the taxing unit.
Members must reside within the boundaries of the municipaleervice taxing U'lit Terms are 4
years.
FL STAT 125.01
Staff: ti~ DoLVVlJ, Transportation Operations Coordinator: 4'11-6001
1~5i~ S;J{~'Y ;2,3-S'BC(i)
.......
WtN/nestltq, April 13, 2005
Ptzge 2 of2
Agenda Item No. 90
September 13, 2005
Page 7 of 12
MEMORANDUM
RECEIVED
AUG 2 4 2005
Board of County Commissioners
DATE: August 22,2005
TO: Elections Office
FROM: Sue Filson, Executive Manager
Board of County Commissio
RE: Voter Registration - Advisory Board Appointments
The Board of County Conunissioners will soon consider the following individuals for appointment
to one of the coUI1tYs advisory committees. Please let me know if those listed below are
registered voters in Collier County.
Also, please list the commission district in which each applicant resides.
LEL Y GOLF ESTATES BEAUTIFICATION ADV COMM
COMMISSION DISTRICT
Anthony J. Branco
147 Pebble Beach Circle
Naples, FL 34113
?~.
/
Robert C. Cole
301 Forest Hills Boulevard
Naples, FL 34113
~
..
!
Beverly Bennett
315 St. Andrews, D-5
Naples, FL 34113
r
C' .~
P.--..",
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~
Thank you for your help.
C")rr,
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C:J
MEMORANDUM
Agenda Item No. 90
September 13, 2005
Page 8 of 12
DATE: August 22, 2005
FROM: Sue Filson, Executive r
Board of County Conunissioners
~
TO: Tessie Sillery, Transportation 0
RE: Lely Golf Estates Beautification Advisory Committee
As you know, we currently have vacancies on the above-referenced advisory committee. A press
release was issued requesting citizens interested in serving on this committee to submit an application
for consideration. I have attached the applications received for your review as follows:
Anthony J. Branco
147 Pebble Beach Circle
Naples, FL 34113
Robert C. Cole
301 Forest Hills Boulevard
Naples, FL 34113
Beverly Bennett
315 St. Andrews, 0-5
Naples, FL 34113
Please let me know, in writing, the recommendation for appointment of the advisory committee
within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration.
Please categorize the applicants in areas of expertise. If you have any questions, please call me at
774-8097.
Thank you for your attention to this matter.
SF
Attachments
Page 1 of2
Agenda Item No. 9D
September 13, 2005
Page 9 of 12
filson s
.m:-
advisoryboards@colHergov.net
Sent: Tuesday, August 16, 2005 9:39 PM
To: fi Iso n_s
Subject: New On-line Advisory Board Application Submitted.
CO .].9 ..
...-nll H" l.. f"~i HI,\'
Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
Tel: (239) 774-3602
Fax: (239)774-3602
:~. I.-t~.~\I.:;
". 7 .'
.. . .~
.~ " . ~f ..: ~ /
August 16, 2005
Application for Advisory Committees I Boards
Name: Anthony J Branco Home Phone: 239-793-4364
Home Address: 147 Pebble Beach Cir
. City: Naples Zip Code: 34113
Fax Number: 239-793-8446 Business Phone: No information provided.
Email Address:tjbvista@earthlink.net
Place of Employment: No information provided.
How long have you lived in Collier County? More than 15 years
Have you ever been convicted of any offense against the law? No
Are you a registered voter in Collier County? Yes
Board I Committee Applied for: Lely Golf Estates Beautification Advisory
Committee
Category: (if applicable) No information provided.
e
Do you currently hold public office? No
8/22/2005
Page 2 of2
Agenda Item No. 90
September 13, 2005
Page 1 0 of 12
~
00 you now serve, or have you served on a Yes
Collier County board or committee?
If yes, please list the boards I committees:
Lely Golf Estates Beautification Advisory Committee
Please list your community activities:
Lely Civic Assn. Lely Golf Estates Beautification Advisory
Committee, Entrance Signage committee
Education:
Bachelors Degree, Computer Science & Ecomomics
Experience I Background:
2yrs. experience, Lely Golf Estates Beautification Advisory
Committee
-)
~
8/22/2005
.
.
-
RECEIVED
AUG 0 5 2005
Agenda Item No. 9D
September 13, 2005
Page 11 of 12
Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
(239) 774-8097
Fax: (239) 774-3602
Application for Advisory Committees/Boards
eo 13 f3~J C-, G I-e....
Home Address: ::> () ( Fd \(.. ~i> r HI L-\...<:;" 0 1.. v 1)
Name:
Home Phone: 2-3 q - 7"1'-1 -'1 '3 l ()
Zip Code:
~llh
Fax No.
Business Phone:
e-mail address:
-'
'--""'"
Place of Employeement: J? f5- 'III'Ll!!::... 0
Board or Committee Applied for: L-./E '-7 ~() ~P f1E../S itJ-T~5 ~f'kJ 77,FC,J9nU(y Q.P0h:''''7.
CIu-?;.H I/T~
Category (if applicable): tA- '1' (#.~CJrI
Example: Commission District, Developer, environmenta(ist, lay person, etc.
How long have you lived in Collier County: Years ""2 "3 Months
Are you a registered voter in Collier County: Yes ~ No
Do you currently hold public office? Yes
If so, what is that office?
No
I.J....
Have you ever been convicted of any offense against the Law?
If yes, explain:
No .,z
Yes
Do you now serve, or have you ever served, on aeollier County board or committee? Yes )Z No
If yes, please list the committeesfboards:
I..;;:. L 1 lr)r..t=- tssr.+r7!5S A- r:Jcll~4..y 13R'4--t/rrr/C/Z-t-;(I,' IA W1t'J1..1 T/C.e....
Please list your community activities (civic clubs, neighborhood associations, etc. and positions
held: 1-iS..r:.,."t C,t//C-.#.bSI/",. ;;;:".4:;;'rPI4-j/hrC c:.lcJ/?- Jfs::sN
J11.iS. fA. Go S ('", If U,).f-.e P A.-C ~ ~ "2- 7' 614J2.... s: .....
Education: tf!,~!'-9r I~ft(, i CCL-<.~c
Experience:
d ~ Ou...J (6~~
.. ?~ ).DJ;:Nr-I.....E-~ r Ctc...'1< ~""
~~ 14- l -j ~ #,{---4 ('! ~ 06".Ik/17 c: /c /If- tzAtII a I?'\ m r ,- r Co--e
Ple(I!Je lJJtach any additional inform/lJion you feel pertinent. This application should be forwarded to Sue Filson, Executive Ma1Ulger to
the Board of County Commissioners, 3301 East Tamiami Trail, Naples, FL 34112 If you wish, please fax your applic/lJion to
(139) 774-3601 or e-mail tosuefi!son(ii!coUierJlov.net. Thank you for volunteering to serve the citizens of Collier County.
Agen~~o. 9D
Sept , 3, 2005
RECEIVED p. 12 of 12
Board of County CommissioDAD6 1 9 2005
3301 East Tamiami Trail A..;. ,
Naples, F'L34112 BoardOfCQunlYf(O ~'='Llh
(239) 774-8097 _"\ '. ":' ~'
Fax: (239) 774-3602 ... ::. ", _ _ ~ ), '. . _:;1
, ;>f d ..
Application for Advisory Committees/Boards
Name: 13~\) ERLV 73€N N€TT HomePhone: 77~-cf~39
Hom. Add...." :i ( 5. ~t': ;j (V b 128\13 7J -~ Zip Cod" 3 cj f 13
ELt...
Fax No. B..~;.__~ Phone: Lf (j '-f -~ Cf 3 I e-mail address:
Business: ]( E7 r R f'. b
Board or Committee Applied for: L EL \/
ADVI&od.y
Category (if applicable):
Example: Commission District, Developer, euviroDmen.list, IIY penon, etc.
CO LF- ES l' A rEs. tJEA 1)71 {:.(~A IraN
C!. 0 It1 1'\1, / r~ ~
{ify rp(2~ov
Are you a registered voter in Collier County: Yes
><:. No
>
Do you currently hold public office? Yes
If so, what is that office!
No Jc'
Do you now serve, or laave you ever served, on a Collier County board or committee? Yes
If yes, please list the committeeslboards:
No X
Pi.... II.. you.. .ommuolty ..<Mil" {,M, club~ nelgbbo..."" .....,.....'1. .nd '"0'/1 beld:
~~1~~:~~;?i~~ ~r;tm^1~~V^ ~L_ S .oNM.
Education: J.~ "-f- A a.... S
Experience: 1=5 u -9 ( AI E. S S.
(") WJV~R.. 7ZStA'-fD1Z-\
1 :;)
Please altDCh /lilY addiliOlUll infomulliun YOfI feel pertinent. This IIpplication should be forwtU'detJ to Sue Filson, Exeauillf! MIUIIIJfU
to the BotIl'd of County Commissioners, 330J East TtunUutri Trail, Naples, FL 34112. lfyou wish,p/eflSefaxyourllpp/iadion to
(139)774-3601 or e-moiJ to suefdsoniJi;colJieT1!ov.net. ThIUlkYOflfor volunteering to serve the citizens ofCollkr County.
.-
Agenda Item No. 9E
September 13, 2005
Page 1 of 30
EXECUTIVE SUMMARY
APPOINTMENT OF MEMBER(S) TO THE EMERGENCY MEDICAL SERVICES
ADVISORY COMMITTEE
OBJECTIVE: To appoint 3 members and confirm 6 members to serve 3 year terms, expiring
on August 31, 2008, to the Emergency Medical Services Advisory Council.
CONSIDERATIONS: The Emergency Medical Services Advisory Council had 3 terms
expire on August 31, 2005, representing Commission Districts 1, 2, and 5. Additionally, the
terms for members representing Naples Community Hospital, Sheriff's Department, Health
Department, City of Naples, Marco Island Police and Emergency Services and Collier County
Fire Rescue/EMS will expire on August 31,2005. This 14 member council advises the Board of
County Commissioners on all aspects of emergency medical services, including the operational
budget, level of service and equipment. Terms are 3 years. A list of the current membership is
included in the backup.
The terms for Denver Stone (Comm Dist 2), Fay R. Biles (Comm Dist 1), and Debra Wright
(Comm Dist 5) expired on August 31,2005. A resignation was received from Robert D. Laird
(At Large). A press release was issued and resumes were received from the following 5
interested citizens:
APPLICANT
CATEGORY
~ ELECTOR ADV. COMM.
Richard Schmidt Commission District 5 Yes PVAC
Gregory Pacter Commission District 3 Yes None
Denver Stone - re-appt Commission District 2 Yes EMSAC
John Cassio Commission District 1 Yes None
David G. Bush At-Large 3 Yes None
COMMITTEE RECOMMENDATION: John Cassio - Commission District 1
Richard Schmidt - Commission District 5
David Bush - At Large
CONFIRMATIONS: Naples Community Hospital:
Sheriff's Department:
Health Department:
City of Naples:
Marco Island Police & EMS:
Collier County Fire Rescue:
Gail Do Ian - re-appt
Captain Al Beatty - re-appt.
Judith Nuland - re-appt.
James T. McEvoy, Fire Chief - re-appt.
Michael D. Murphy - re-appt.
Assistant Chief Rob Potteiger - re-appt.
NOTE: Mr. Denver Stone has applied for re-appointment representing Commission District 2;
however, since September 2004 he has only attended one meeting in September 2004.
FISCAL IMPACT: NONE
GROWTH MANAGEMENT IMPACT: NONE
,,-...,
Agenda Item No. 9E
September 13, 2005
Page 2 of 30
RECOMMENDA TION: That the Board of County Commissioners consider the
recommendation for appointment, appoint 3 members, confirm 6 members, and direct the
County Attorney to prepare a resolution confirming the appointments.
Prepared By: Sue Filson, Executive Manager
Board of County Commissioners
Agenda Date: SEPTEMBER 13, 2005
Item Number:
Item Summary:
Meeting Date:
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
9E
Agenda Item No. 9E
September 13, 2005
Page 3 Df 30
Appointment of memnefG to Ihe Emergency Medical Services Advisory Committee.
9,'13(20059:00:00AM
Prepared 8y
Date
Sue Filson
Board of County
Commissioners
El(ecutive Manager to the BCe
Bce Offjc~
8/18120054:02:04 PM
0...
A pprllved By
James V. Mudd
BO<Ird of County
Commissioners
County Manager
County Manager's Office
912120054:24 PM
aUf" 01 &netg1nC)' S<<We ~n
BES
:::n ''1 ", ~ "" .,1, I', " ~
.Jeff Page
Chief
EMS FIRE
..~
Paul Wilson-~'
auef- Ocbopee.?
Fire Control "
Rick Z~'Volos
Coordinator
CE~L FPEM
Agenda Item No. 9E
September 13, 2005
Page 4 of 30
COLLIER COUNTY BUREAU OF EMERGENCY SERVICES
:nol East Tamiaul1 Trail . Naples. Flonda J4112 . 2J9-774-8000 . FAX 2.'19-775-5008
To:
Sue Filson, Executive Manager BCC
From: Barbara Brown, Administrative Assistant
Date: August 24, 2005
Ref: EMSAC
Today at the Collier County Emergency Medical Services Advisory Council (EMSAC)
meeting the membership approved the following open positions.
John Cassio - Commission District 1
Richard Schmidt - Commission District 5
There were two applicants for District 3 David Bush and Gregory Pacter. There were
no openings in District 3. The Council voted to approve Mr. David Bush for the At
Large position that had been vacated by Bob Laird.
All candidates were qualified as applicants. The Council felt there was a conflict of
interest with Mr. Pacter. He is employed as a firefighter in Marco Island and Marco has
Fire Chief Michael Murphy as a representative on the Council.
Mr. Denver Stone has applied for a re-appointment to his position as the representative
of District 2, however since September of 2004, Mr. Stone has only been in attendance
for that one September meeting. It would behoove the Commission to not accept Mr.
Stone's re-appointment due to lack of participation.
Agenda Item No. 9E
September 13, 2005
Page 5 of 30
?-I.~' Emergency Medical Services Advisory Council
I
Name Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Mr. Denver Stone 09/10/03 08/31/05 2 Years /
6360 Pelican Bay Blvd., PH 5C 254-8738
Naples, FL 34108
E-Mail:
District: 2
Category: Commission District
Dr. Fay R. Biles 09/17/96 08/31/99 3 Years ./
1588 Heights Court 394-3089 09/24/02 8/31/05 3 Years
Marco Island, FL 34145
E-Mail:
District: 1
Category: Commission District
Ms. Heather Rockcast1e 1011 0/00 08/31/03 3 Years
342 Pinehurst Circle 417-1192 09/10/03 08/31/06 3 Years
Naples, FL 34113
E-Mail:
District: 1
Category: At-Large
Mr. Robert D. Laird J 11/01194 08/31/97 3 Years
1765 Courtyard Way, 205-Ce ../ 793-0933 09/10/03 8/31/06 3 Years
Naples, FL 34112 (e 9 :J '(\ /J>
E-Mail: 15 ' ~v\
District: 1
Category: At-Large
Mr. John Dowd 09/24/02 08/31/04 2 Years
2999 Gardens Boulevard 261-4217 09/21/04 08/31/07 3 Years
Naples, FL 34105
E-Mail:
District: 4
Category: Commission District
-:(--
Thursday, September 30, 2(](}4
Page 1014
Agenda Item No, 9E
September 13, 2005
Page 6 of 30
,----.. Emergency Medical Services Advisory Council
Name Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Mr. Michael C. Bridges 335-1665 09/10/03 08/31/06 3 Years
221 Silverado Drive 455-1134
Naples, FL 34119
E-Mail:
District: 3
Category: Commission District
Ms. Debra Wright 262-6400 09/10/03 08/31/05 2 Years /
920 10th Street, S.E. 353-1381
Naples, FL 34117
E-Mail:
District: 5
OIJegory: Commission District
Ms. Gail Dolan 262-3131 01/13/98 08/31/99 2 Years /
P.O. Box 413029 09/24/02 08/31/05 3 Years
....--. Naples, FL 34101
E-Mail:
District:
Category: Naples Community Hospital
Captain Albert Beatty 774-4434 09/10/03 08/31/05 2 Years ~'
3301 E. Tamiami Trail
Naples, FL 34112
E-Mail:
District:
Category: Sheriffs Department
Ms. Judith Nuland n4-8200 09121/04 08/31/05 1 Year /
3301 E. Tamiami Trail
Naples, FL 34112
E-Mail:
District:
Category: Health Department
"-' .
,.
Thursday, September 3(J. 2004
Page2of4
Agenda Item No. 9E
September 13, 2005
Page 7 of 30
--'. Emergency Medical SelVices Advisory Council
Name Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Fire Chief Jim McEvoy 434-4610 09/24/02 08131/05 3 Years /
735 Eighth Street, South
Naples, FL 34102
E-Mail:
District:
Category: City of Naples
Dr. Joel Moll 348-4000 09/1 0/03 08/31/06 3 Years
6101 Pine Ridge Road
Naples, FL 34119
E-Mail:
District:
Category: Cleveland Clinic
Dr. Robert Tober 262-3131
P.O. Box 413029
Naples, FL 34101
E-Mail:
District:
Category: Ex-Officio Member
Chief Michael Murphy 389-5040 11/05102 08/31/05 3 Years V
1280 San Marco Road
Marco Island, FL 34145
E-Mail:
District: I
Category: Marco Island Police and Emergency Services
Chief Ro b Potteiger 213-4900 11/05/02 08/31/05 3 Years /"
4798 Davis Boulevard
Naples, FL 34104
E-Mail:
District:
Category: Collier County Fire RescuelEMS
~-
Thursday, September 30, 2004
Page3of4
Agenda Item No. 9E
September 13, 2005
Page 8 of 30
Emergency Medical Services Advisory Council
Name
Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
This 12 member committee was created by Ord. No. 80-80 to advise the Board of County
Commissioners on all aspects of emergency medical services in Collier County, including the
operational budget. level c:I service and equipment This committee also reviews complaints
and problems and recommends corrective action. Terms are 3 years. Ord Amended on
10/10100 to add a representative from Cleveland Clinic (Ord. 2000-70) Amended by Ord. No.
2002-39 to increase membership from 12 to 14 to include City of Naples Fire RescuelEMS and
Collier County Fire Chiefs Association. and to reduce ex-officio members from 3 to 1
FL STAT
.-----
Staff: Jeff Page, Emergency Medical Services Director: 774-8459
-T-
Thursday, September 30, ZOO4
Pagl!4of4
Agenda Item No. 9E
September 13, 2005
Page 9 of 30
City of Marco ][sland
June 15, 2005
Collier County Emergency Services
3301 E. Tamiami Trail, Building H
Naples, FL 34103
Attention Barbara Brown
Re: Participation on EMSAC
Dear Barbara:
This letter is to confirm that Michael D. Murphy will be continue to represent the
City of Marco Island on the Emergency Medical Services Advisory Committee for
another 3 year term. '
Sincerely,
,4. . A '/}(; ~
'A W-:I~I' M (, p/.J<J~~
. I lam oss
City Manager
Received
JUN 2 0 2005
EMS Dept.
RECEtVED
JUN 2 4 2005
Board of County Commissioners
50 Bald Eagle Drive, Marco Island, Florida 3~1~5
(239) 389-5000 FAX (239) 389~~359
;.
Colllii~r COll1lIl1llCY fire Chiefs'7 AssotCimtn(Q)lITl
Big Corkscrew Island Golden Gate Ochopee
City of Marco Island Immokalee Collier E.M
City of Naples Isles of Capri eollier EMS
East Naples North Naples Florida D.O.F
July 21. 2005
Sue Filson
Board of County Commissioners
3301 East Tamiami Trail
Naples. FL. 34112.
Ms. Filson:
On behalf ofthe Collier County Fire Chiefs Association, I would like to inform you that
Assistant Chief Potteiger (ENFD) has been selected to represent the CCFCA on the
EMSAC committee.
If you have any questions or need any additional information, please do not hesitate to
contact me.
Thank you,
Rita M. Greenberg. Chief BCIFR
President Collier County Fire Chiefs Association
08/24/2005 16:51 977544549
EII'5
PAGE 01
Agenda Item No. 9E
September 13, 2005
Page 11 of 30
Joh" O. Agwunobi, M.D., M.B.A.
Secretary .
Jeb Bush
Govemor
August 23, 2005
Board of Collier County Cormnissionct$
3301 E. Tarniami Tr.
Naples, FL 34112
RE: Emergency Medical Services Advi..~ Council
To Whom It May Concern:
The Health Department maintains a representative on the Emergency Medical Services
AdviSOty Council. We are requesting the continuation of appointment of Judith NuJand
as the Health Department repretentati\fe to the Emergency Medieal Services Advisory
Council (EMSAC) council. .
The Health Department supports the mission of this group as it advises the
Commissioners about matters related to Emergeocy Medical Services. We believe that it
is i.mportant to have varied perspectives when nWdng decisions that will affect lID entire
county population. We have appreciated the opportunity to be advised and make
recommendations repnting issues related to public health. concerns.
By copy of thfllleuer. please continue Judith (Judy) NuJand as the Health Depllrtrncnt
Representative.
Iy,
'-~'~f~:W
~ M. Colfer, M.D., Director
( cjJ icr County Health Department
=-
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~
~~
~jo.S
Joan M. Colfer, M.D.. M.P.H., Dlf8CtoT
3301 T.mlami Trail E · Bldg. Ii
Naples, Florida · 34112....961
Telephone (239) 174-8200
~CoIfIer
=
Oep8rtment
c....,..c-a,.,."...Prr&w
T..~"Ill...c_
MillIng Addl'U#:
Poel omce Boll 429
. Napl.., FIoride. 34106-0429
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SHERIFF DON HUNTER. COLLIER COUNTY
Agenda Ite~
Septembe~
Page 12 of 30
Received
3301 Tamiami Trail East, Bldg - J, Naples, FL 34112-4902
(239) 774-4434 www.colliersheriff.org
AOG 3 n _I'm.,
EMS Dept.
August 26, 2005
RECEi\lED
Sf? 0 1 ~'!j~/)
Jeff Page, Chief
Emergency Medical Services
Collier County Government Complex, Bldg. H
3301 TanrimniTr.rilEast
Naples, Florida 34112
Goard of Coun~1 COffii11isSl'On'2r:;
RE: CCSO Representative - Emergency Medical Services Advisory Council (EMSAC)
Dear Chief Page,
As you know, Captain AI Beatty is the Communications Captain for the Collier County
Sheriffs Office and has been our official representative on the Emergency Medical
Services Advisory Council (EMSAC) since June of2003.
Please accept this letter as official notice that Captain Beatty will remain our
representative to this council.
Respectfully,
~~m~f Administration
CCSO
"The duty of the eollier eounty Sheriff's Office is to preserve and protect
the lives, property and constitutional guarantees of all persons."
e9/62/2BB5 eS:22
977544549
EMS
PAGE el2
.~enda Item No. 9E
OO124t2(l5 13:01 fi~t~~tooJ2005
Page 13 of 30
From:
..... Ca"'pus
.SO 5tft"'" JtrIIl!t N.
Not. n "102
(2)9) .'6-5000
NCH
lIort1! Call_ C-pus
1t1l1lJ ~ Ioullwnl
...... I'l. Mllll
rut) ".t-'lOOO
..;;~"'~ --.....
.. Healthaue
System
August 23, 2005
Sent Va FacsimDc
Sue Filson
Board of County Commissioners
3301 E. Tamiami Trail
Naples. PL 34120
Dear Ms. Filson:
Please be advised that Gail Dolan will contioue 10 repl~t the NCH Healthcare System
OD the Emergency Medical Service Advisory Council fOr the term beginning September
J, 2005 and continui1'Jg for three years.
If yo a have any questions, please feel tree to contact ~
Sincerely,
Edward A. Morton
ChiefExec:utive Offic:cr
EAM:m1s
-.Nt"",'..".
Sep 02 05 01:37p
emer~enc~ services
941-213-4907
p.2
Agenda Item No. 9E
September 13, 2005
Page 14 of 30
m" ~
sf ~
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~~~
Police & Emergency Services Depanment
355 Riverside Circle, Naples, Rorida 34102-5882
09/02/2005
Board of County Commissioners
3301 East Tamiami Trail
Naples, Fl 34112
To Whom It May Concern:
It is with pleasure that I wish to infonn you that I will be serving another term on the
EMSAC committee.
Agenda Item No. 9E
September 13, 2005
Page 15 of 30
MEMORANDUM
DATE: August 22, 2005
TO: Elections Office
FROM: Sue Filson, Executive Manager
Board of County Commission
RE: Voter Registration - Advisory Board Appointments
The Board of County Commissioners will soon consider the following individuals for
appointment to one of the county's advisory committees. Please let me know if those listed
below are registered voters in Collier County.
Also, please list the commission district in which each applicant resides.
EM SAC
COMMISSION DISTRICT
John Cassio
1529 Buccaneer Ct.
Marco Island, FL 34145 ~
David G. Bush
4010 Trinidad Way ~
Naples, FL 34119
/
3
Thank you for your help.
Agenda Item No. 9E
September 13, 2005
Page 16 of 30
MEMORANDUM
RECEIVED
AUG 0 2 2005
Board of County Commissioners
DATE:
July 29, 2005
Elections Office J
Sue Filson, Executive Manag I")
Board of County Commission
TO:
FROM:
RE:
Voter Registration - Advisory Board Appointments
The Board of County Commissioners will soon consider the following individuals for appointment
to one of the county's advisory committees. Please let me know if those listed below are
registered voters in Collier County.
Also, please list the conunission district in which each applicant resides.
EMSAC
COMMISSION DISTRICT
Richard Schmidt
2786 Orange Grove Trail
Naples, FL 34120
:3
Thank you for your help.
MEMORANDUM
Agenda Item No. 9E
September 13, 2005
Page 17 of 30
TO: Elections Office
\
ReceIVED
JUt 1 3 200S
Baerd of County Cornml
1Ikln8l')t
DATE: July 11, 2005
FROM: Sue Filson, Executive
Board of County Commission
RE: Voter Registration - Advisory Board Appointments
The Board of County Commissioners will soon consider the following individuals for appointment
to one of the county's advisory committees. Please let me know if those listed below are
registered voters in Collier County.
Also, please list the commission district in which each applicant resides.
EMSAC
COMMISSION DISTRICT
Gregory Pacter
5941 Almaden Drive
Naples, FL 34119
3
Denver Stone
6360 Pelcan Bay Boulevard
Hyde Park, P.H. 5C
Naples, FL 34108
di
Thank you for your help.
MEMORANDUM
Agenda Item No. 9E
September 13, 2005
Page 18 of 30
DATE: July 29, 2005
TO: Jeff Page, EMS Director
FROM: Sue Filson, Executive er
Board of County Commissio ~
RE: EMSAC
As you know, we currently have vacancies on the above-referenced advisory committee. A press
release was issued requesting citizens interested in serving on this committee to submit an application
for consideration. I have attached the applications received for your review as follows:
Richard Schmidt
2786 Orange Grove Trail
Naples, FL 34120
Please let me know, in writing, the recommendation for appointment of the advisory committee
within the 41 day time-frame, and I will prepare an executive sununary for the Board's consideration.
Please categorize the applicants in areas of expertise. If you have any questions, please call me at
774-8097.
Thank you for your attention to this matter.
SF
Attachments
Page 1 of2
Agenda Item No. 9E
September 13, 2005
Page 19 of 30
'Ison 5
.m:-
advisoryboards@colfiergov.net
Sent: Wednesday, July 13.200510:00 AM
To: filson_s
Subject: New On-line Advisory Board Application Submitted.
~K~
Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
Tel: (239) 774-3602
fax: (239) 774-3602
,l... t];l\'
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July 13, 2005
Application for Advisory Committees I Boards
Name: Richard Schmidt Home Phone: 239-354-3490
Home Address: 2786 Orange Grove Trail
~
City: Naples Zip Code: 34120
Fax Number: No information provided. Business Phone: No information provided,
Email Address:rschmidt1956@earthlink.net
Place of Employment: Retired
How long have you lived in Collier County? 1-2 years
Have you ever been convicted of any offense against the law? No
Are you a registered voter in Collier County? Yes
Board I Committee Applied for: Emergency Medical Services Advisory Council
Category: (if applicable) Commission District 5
-, Do you currently hold public office? No
7/13/2005
.
--
-
7/13/2005
Page 2 of:
Agenda Item No. 9E
September 13, 2005
Page 20 of 30
Do you now serve, or have you served on a
Collier County board or committee?
No
Please list your community activities:
Fin Accountability Committee, Grand Parkway Bapt.
Church, Houston, TX Institute of Mgt Accountants,
Houston Chapter, Houston, TX (R. McDonald House
Sponsor) American Council of Higher Ed, Military Ed Eva'
Team, Washington, DC Institute of Mgt Accountants,
Board of Dir, Hampton Rds Chapter, VA CDR(Ret),
Engineering Officer, USNR
Education:
PhD, Bus Admin, Santa Clara University MBA, University
of Utah BS Chern Eng, University of Utah
Experience I Background:
Econ Eval Eng, Dow Chemical Co. Mkt Develop Mgr,
Kaiser Alum. & Chern. Co. Dir of Fin and Admin, ARC
Professor of Accounting, 8 universities Dean, School of
Business, 4 universities
".'>'''''.''''''-'"'""_","'''''''''''','''''I'''h',_''''''"....)".,',~"''''''''"".....''''"'"""1;,,,,",,,..,,.,
MEMORANDUM
Agenda Item No. 9E
September 13, 2005
Page 21 of 30
DATE: July 11, 2005
TO: Jeff Page, EMS Director
FROM: Sue Filson, Executive Manager
Board of County Commissioners
RE: EMSAC
As you know, we currently have vacancies on the above-referenced advisory committee. A press
release was issued requesting citizens interested in serving on this committee to submit an application
for consideration. I have attached the applications received for your review as follows:
Gregory Pacter
5941 Ahnaden Drive
Naples, FL 34119
Denver Stone
6360 Pelcan Bay Boulevard
Hyde Park, P .H. SC
Naples, FL 34108
Please let me know, in writing, the recommendation for appointment ofthe advisory committee
within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration.
Plea$~ ~ategorize the applicants in areas or expertise. If you have any questions, please call me at
774-8097.
Thank you for your attention to this matter.
SF
Attachments
Page 1 of3
Agenda Item No. 9E
September 13, 2005
Page 22 of 30
filson s
.m:-
advisoryboards@colliergov.net
Sent: Tuesday, June 21, 2005 9:56 PM
To: fi Iso n_s
Subject: New On-Une Advisory Board Application Submitted.
or;1 :3
~
Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
Tel: (239) 774-3602
Fax: (239)774-3602
<<l-t~~.~
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June 21, 2005
Application for Advisory Committees I Boards
Name: Gregory Pacter Home Phone: 239-732-0045
Home Address: 5941 Almaden Dr.
-
City: Naples Zip Code: 34119
Fax Number: 239-732-0045 Business Phone: 239-253-0142
Email Address:glpac@aol.com
Place of Employment: City of Marco Island
How long have you lived in Collier County? 10-15 years
Have you ever been convicted of any offense against the law? No
Are you a registered voter in Collier County? Yes
Board I Committee Applied for: Emergency Medical Service
Advisory Council
Category: (if applicable) No information provided.
.
Do you currently hold public office? No
6/22/2005
.,
)
~
6/22/2005
Do you now serve, or have you served on a
Collier County board or committee?
No
Please list your community activities:
President - Sonoma Lake Home Owners Association -
Vineyards (2005) Board Member - Sonoma Lake Home
Owners Association - Vineyards (2002-Present) Soccer
Coach YMCA Marco Island (1996-1998)
Education:
FLORIDA GULF COAST UNIVERSITY Bachelor of
Science (Criminal Justice Administration) (Cum Laude)
Member - Criminal Justice Society Member - Golden Key
Honor Society Member American Gerontological Society
(USF) Vice President BACCHUS (USF) Brother Lambda
Chi Alpha EDISON COMMUNITY COLLEGE Associate of
Science (Fire Science) Associate of Arts Degree (Liberal
Arts) Florida State Certified Paramedic FLORIDA STATE
FIRE COLLEGE State Certified Firefighter State Certified
Fire Instructor III State Certified Pump Operator State
Certified Fire Investigator FEDERAL EMERGENCY
TRAINING CENTER Command & Control of Fire
Department Operations Hazardous Materials: Operating
Site Practices Arson Detection for the First Responder
Fire Cause Determination Radiological Emergency
Management (EMI) Integrated Emergency Management
(EMI) Advanced Public Information Officer (EMI) Basic
Life Support for Hazardous Materials Incidents Incident
Safety Officer Incident Safety Officer (Instructor)
Emergency Response to Terrorism - Basic Concepts
Emergency Response to Terrorism - Basic Concepts
(Instructor) Emergency Response to Terrorism-
Company Officer (Instructor) Community Emergency
Response Team (Instructor) FLORIDA DIVISION OF
EMERGENCY MANAGEMENT TRAINING Rapid
Response Team Orientation Damage Assessment
Resource Management Debris Management Emergency
Management Intergovernmental Cooperative Disaster
Response Operations
Experience I Background:
City of Marco Island Fire Department Captain Paramedic
Hazardous Materials Coordinator Hazardous Materials
Specialist Public Safety Diver Fire Service Instructor
Emergency Management Coordinator AIR TREK (AIR
AMBULANCE) FLIGHT PARAMEDIC SENIOR
Page 2 of 3
Agenda Item No. 9'E
September 13, 2005
Page 23 of 30
Page 3 of 3
Agenda Item No. 9E
September 13, 2005
Page 24 of 30
.
AEROMEDICAL TRANSPORT SPECIALIST COLLIER
COUNTY ENVIRONMENTAL SERVICES (COLLIER
COUNTY GOVERNMENT) Pollution Control Specialist _
response I inspections -department safety committee
head Safety Manager -Household Hazardous Waste
Collection Center COLLIER COUNTY EMERGENCY
MANAGEMENT (COLLIER COUNTY GOVERNMENT)
Intern - Florida Gulf Coast University Naples Community
Hospital Paramedic I Driver Edison Community College
Adjunct Professor (Fire Science Division) Adirondack
Ambulance Advanced-EMT
e
.
6/22/2005
_J
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Agenda Item No. 9E
September 13, 20~ f: ~
Board of County Commissioners Page 25 of 3E? . fj(f"
3301 East Tamiami Trail 9> ,j;
Naples, FL 34112 ~! ~'\\ '.:1'
RFCEIVED (239)774-8097 ^' y...
Fax' (239) 774-3602 ~~ rJ} \ ;;'.1
Boa~O~:":~ ~o~~:';,".rn ~Z' ~ rt)
Application for Advisory CommitteeslBoards ,:J~\9
Name: ~'V\..\J...c..."""" S' -t6 tJ e; ~ Home PhoneJ2--312-S-lf ? !f:!?
6~"'"P~~ . " 17
Home Address: Pj~J PU5"e I ~~Irb- Zip Code: ~~/J?f'
Fax No. t-..J /.;:.... Business Phone: ~ e-mailaddress:~3e~..k.it
Place of Employeement: f<~It-'~fiVt~(]ft~h..dJ (f-,~4~.
_Board or Committee Applied_f~r: z=- fY15 .A-~ r ~~) .. - - -
Category (if applicable): \Mo~ - ~ ~.~ ~~9' ~~)
Example: Commission District, Developer, environmenta ist, lay person, etc. (
How long have you lived in Collier County: Years ~
Months ..s-
Are you a registered voter in Collier County: Yes)( No
Do you currently hold public office? Yes
If so, what is that office?
No
"fJ
Yes ~ (/~~ No
~
Please lItUIch any additional informtltion you feel pertinenL This applictlJion should be forwarded to Sue 'ilson, Executive Manager to
the Board ojCounty Commissioners, 3301 EllSt Tamiomi Tn,;l, Naples, FL 34112. lfyou wish.pleasefllXyourapplictztion to
(239) 774-3602 or e-mo.il to suefi{sonCQJ.cottie1'f!ov.net. Tlulnk you for volunteering to serve the citizens of Collier County.
MEMORANDUM
Agenda Item No. 9E
September 13, 2005
Page 26 of 30
DATE: August 22, 2005
TO: Jeff Page, EMS Director
FROM: Sue Filson, Executive Manag
Board of County Commission
RE: EMSAC
As you know, we currently have vacancies on the above-referenced advisory committee. A press
release was issued requesting citizens interested in serving on this committee to submit an
application for consideration. I have attached the applications received for your review as follows:
John Cassio
1529 Buccaneer Ct.
Marco Island, FL 34145
David G. Bush
4010 Trinidad Way
Naples, FL 34119
Please let me know, in writing, the recommendation for appointment of the advisory committee
within the 41 day time-frame, and I will prepare an executive summary for the Board's
consideration.
Please categorize the applicants in areas of expertise. If you have any questions, please call me
at 774-8097.
Thank you for your attention to this matter.
SF
Attachments
",,,,,,,".',,,,,,,,,,,,",,,,,,,.,,..., "....'"",'.".,p...,,,,..,.. ."...,.....,.'",.",:."."'-...."",...,,,,"''",....,...,;.,
Page 1 of2
Agenda Item No. 9E
September 13, 2005
Page 27 of 30
'son 5
'-m:-
advisoryboards@colliergov.net
Sent: Monday, August 08, 2005 11 :42 AM
To: filson_s
Subject: New On-line Advisory Board Application Submitted.
~
Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
Tel: (239) 774-3602
Fax: (239)774-3602
'~~~~i
~r)'
August 08, 2005
Application for Advisory Committees I Boards
Name: John Cassio Home Phone: 239-642-8981
Home Address: 1529 Buccaneer Ct.
j
City: Marco Island Zip Code: 34145
Fax Number: 239-774-2002 Business Phone: 239-253-5514
Email Address:jcassio@gladescountryclub.com
Place of Employment: Glades Country Club
How long have you lived in Collier County? 10-15 years
Have you ever been convicted of any offense against the law? No
Are you a registered voter in Collier County? Yes
Board I Committee Applied for: Emergency Medical Services
Advisory
Category: (if applicable) No information provided.
-,
Do you currently hold public office? No
8/22/2005
---'~'---"'-"'~'-'''''---'-"''-"''--.'-~-''''''
-
Do you now serve, or have you served on a
Collier County board or committee?
No
Please list your community activities:
Member of Board of Directors, Condo Association
Managers of Marco Island, Member of Board of Directors
Lely High School Touchdown Club, Member of Condo
Owners and Managers Association, Member of
Community Associations Institute, Volunteer at Marco
Island Fire and Rescue.
Education:
Graduate Linden High School, Linden, NJ Graduate The
Gray Institute of Community Association Management
Notary Public Certified Pool Operators Lie, Collier County
Certified Florida Professional Manager Certified CPR,
First Aide, and AED, East Naples Fire and Rescue
.
Experience I Background:
See above General Manager of the Glades Country Club,
Naples, FL
.
8/22/2005
Page 2 of2
Agenda Item No. 9E
September 13, 2005
Page 28 of 30
Page 1 of 2
Agenda Item No. 9E
September 13, 2005
Page 29 of 30
\son s
.am:-
advisoryboards@colliergov.net
Sent: Monday, August 08, 20059:13 AM
To: filson_s
Subject: New On-line Advisory Board Application Submitted.
~
Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
Tel: (239) 774-3602
Fax: (239)774-3602
"Lt~"..1
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August 08, 2005
Application for Advisory Committees I Boards
Name: David G. Bush Home Phone: 239-254-1904
Home Address: 4010 Trinidad Way
j City: Naples Zip Code: 34119
Fax Number: No information provided. Business Phone: No information provided.
Email Address:WardLaFr68@aol.com
Place of Employment: Retired
How long have you lived in Collier County? 3-4 years
Have you ever been convicted of any offense against the law? No
Are you a registered voter in Collier County? Yes
Board I Committee Applied for: Emergency Medical Services Advisory Council
Category: (if applicable) No information provided.
...-, Do you currently hold public office? No
8/22/2005
e
-
e
8/22/2005
Page 2 of2
Agenda Item No. 9E
September 13, 2005
Page 30 of 30
Do you now serve, or have you served on a
Collier County board or committee?
No
Please list your community activities:
I am currently a State Trooper with the Florida Highway
Patrol Auxiliary. I am also currently the C.E.R.T. Team
leader for the Islandwalk community. In addition I serve on
the the Islandwalk Security committee.
Education:
I have a Bachelor's Degree in Business Management from
The College of Notre Dame of Maryland where I
graduated with honors. I also attended the University of
Maryland where I studied Civil Engineering and The
University of Baltimore evening college where I took
specialty courses in Marketing. I have taken numerous
courses over the years in Emergency Medical Services
and Fire and Rescue work.
Experience I Background:
Most relavent to this position are the 32 years experience I
had as a paramedic/firefighter in Baltimore County,
Maryland. I was one of the original EMT instructors in the
State of Maryland when this program was inicially set up. I
also taught EMS as a member of the Maryland Institute of
Emergency Medical Services. I am a life member of the
Pikesville Volunteer Fire Company where I held positions
as a paramedidfirefighter, officer,and Vice-president. I
was a substitue teacher in Collier County for two years
when I first moved here. I have served as a Trooper with
the Florida Highway Patrol Auxiliary since 2003. As part of
that training I have maintained my EMT ststus. I am a very
active member of that group.
"'''''''''''''~''''''';''''"'"",,''''''';,"", ""'''''"<'''''"""''''''''';''''''';'',,,,,,,,,,,,...,,,,.,,
Agenda Item NO.1 OA
September 13, 2005
Page 1 of 15
EXECUTfVESU~RY
-
Recommendation to approve an Agreement for Sale and Purchase with the District School
Board of Collier County, Florida for 65 acres under the Conservation Collier Land
Acquisition Program, at a cost not to exceed 52,134,500.
OBJECTIVE: Request approval and execution of the attached Agreement for Sale and
Purchase (Agreement) between the Board of County Commissioners (Board) and the District
School Board of Collier County, Florida (Seller).
CONSIDERATIONS: On January 25, 2005, Agenda Item lOD, the Board approved a
Conservation Collier Land Acquisition Advisory Committee (CCLAAC) recommended Cycle II
_ Active Acquisition List, with changes, and directed staff to actively pursue acquisition of the
properties under the Conservation Collier Program.
The Seller's parcel contains 65 acres and is located approximately one mile east of Golden Gate
City and abuts the Golden Gate canal. In accordance with the approved Conservation Collier
Purchasing Policy, the purchase price of $2,112,500 was based upon the average of two
independent, state-certified general real estate appraisers.
The attached Agreement provides that should the County elect not to close this transaction for
any reason, except for default by Seller, the County will pay Seller $1,000 in liquidated damages.
t"""""
The CCLAAC approved this transaction on August 8, 2005, and voted to recommend Board
approval and execution of the attached Agreement.
Pursuant to Ordinance 2003-63, Section 13(8), a Project Design Report for the property is
provided herewith.
The Agreement has been reviewed and approved by the County Attorney's Office and
Environmental Services Department.
FISCAL IMPACT: The total cost of acquisition will not exceed $2,134,500 ($2,112,500 for
the property, $12,000 for the appraisals, and approximately $10,000 for the title commitment,
title policy, and recording of documents). The funds will be withdrawn from the Conservation
Collier Trust Fund (172). As of August 8, 2005, property costs for Conservation Collier
properties, including this property and those under contract, total $33,402,650.
GROWTH MANAGEMENT IMP ACT: Fee simple acquisition of conservation lands is
consistent with and supports Policy 1.3.1(e) in the Conservation and Coastal Management
Element of the Collier County Growth Management Plan.
LEGAL CONSIDERATIONS: The Conservation Collier Ordinance (2002-63) provides a legal
framework for property acquisition for the Conservation Collier Program. The process for
acquiring this property falls within the legal framework of Ordinance 2002-63.
,,-- RECOMMENDATION: Staff is recommending the Board of County Commissioners:
1. Approve the attached Agreement and accept the Warranty Deed once it has been
received and approved by the County Attorney's Office; and
,.-
~
..--
Agenda Item No. 10A
September 13, 2005
Page 2 of 15
EXECUTIVE SUMMARY
Conservation Collier - Agreement for Sale and Purchase - School Board
Page 2
2. Authorize the Chairman to execute the Agreement and any and all other County
Attorney's Office approved documents related to this purchase; and
3. Authorize the processing of related vouchers and Warrants for payment; and
4. Authorize the recording of the deed and any and all necessary documents to obtain
clear title to the property; and
5. Approve any necessary budget amendments.
PREPARED BY: Cindy Erb, Senior Property Acquisition Specialist
Real Estate Services / Facilities Management Department
Agenda Item No. 10A
September 13, 2005
Page 3 of 15
Conservation Collier Land Acquisition Program
Project Design Report
Date: August 8, 2005
Conservation Collier School Board Sec:tlon24 Location Map
1.31H....VE~
~ ~
0 ~
i ~
15iH{>,\IE&N
19iHA\I1:9N
17THA\JE~
21S"AVE.~
C6~~kr County
-'-~--"--
Legend - School Board Section 24 i
C I :55D 1,1':10 l
N
w..",\"- .
. Folio NumbllM:: 61730560008, 61730440005,
61730480007,61730520006,61731600006
Ij'7'/i -.-
=
I
2.200 Feet
Data S,uru:parc.lt. C:olll.rClu.typ,.p.~A.,r.i.....
Crc"c' Iv: als I CD!!S Il!ft.'I"IIIII..tll SUYIC'n
Q:\C. ...rvlltll.. e.IU.r 2 "2\ ISCAISchI2.& 1....~
Q:'.c. ...",dl... c.m.r 1112\ IleRI SCHL:U,_1.jU
Oale: :1.21.04
Property Owner: School Board of Collier County
Folio(s): 61730440005 (Former folio(s): 61730520006,61730480007,61731600006, 61730440005, and
61730560008)
Location: Located east of Golden Gate City in Section 24, Township 26 Range 26 in Rural Fringe
Neutral lands
Size: Four 16-acre parcels and one I-acre parcel for a total acquired of 65 acres.
Appraisal/OtTer Amount: $2,112,500 for entire 65 acres
History of Proiect:
Agenda Item No. 10A
September 13, 2005
Page 4 of 15
Received Selected for the Approved for Purchase offer Offer Accepted
application "A" category, #1 purchase by BCC made to owners
priority, on the
Active
Acquisition List
byCCLAAC
5/7/04 12/13/04 1/25/05 3/31/05 6/23/05
Purpose of Proiect: Conservation Collier
PrO!!1"am Qualifications:
This group of parcels fulfills program qualifications by satisfying all applicable screening criteria. It is an
example of a good quality native pine flatwood plant community. Mapped soils on this parcel include 3;4
hydric slough soils (Malabar fme sands) and ':4 upland soils (Immokalee fine sands). Recharge of both the
Lower Tamiami and Surficial aquifers occurs from these parcels. Public Utilities have indicated potential
interest for development of a well site on this parcel and staff will be working to partner with them to
achieve that. The habitat on this group of parcels is suitable for a number of listed species, including
Florida panther (Felis concolor coryi)(Endangered), Florida black bear (Ursus americanus floridanus)
(Threatened) and red cockaded woodpeckers (RCW) (picoides borealis) (Threatened). A recent Habitat
Recovery Plan for the red cockaded woodpecker (Southern Biomes for Collier County, December 10,
2003) mapped this area as containing RCW cavity trees, noted that this area has documented RCW
activity and identified this section/township/range as part of "Recovery Unit A." Specific management
techniques have been recommended to maintain and protect RCW habitat. Purchase by Conservation
Collier will allow this type of habitat management. Additionally, one other listed species, Gopher
tortoise, (Gopherus polyphemus) was observed on site. A number of listed plant species were also
observed, including two brorneliad (Tillandsia fasciculata and T. balbisiana) and two orchid species
(Encyclia tampensis and Harrisella filiformis). Both ecological quality and restoration potential are high.
The only restoration contemplated is removal of a minimal amount of exotic plants and management of
understory vegetation to benefit RCWs.
Legal and physical access currently exists on an unpaved canal easement road located along the west side
of the properties, connecting with the main group of parcels via a one-acre parcel. There are plans to
construct a county road along the north side of the parcels, which would require only 150' and provide
better access. See the Initial Criteria Screening Report for full criteria evaluation.
Proiected Manaeement Activities:
Projected management activities will include removal of invasive exotic plants, management of
vegetation to benefit RCWs, development of a small (less than 20 spaces) public parking lot, public rest
room (under 500 square feet in size), development of an Americans with Disabilities Act (ADA) fully
accessible trail and maintenance of existing trails for hiking.
Item Number:
Item Summary:
Meeting Date:
Agenda Item No_ 10A
September 13, 2005
P<.ltJ€ 5 of 15
COLLIER COlINTY
BOARD OF COUNTY COMMISSIONERS
10A
Recomllll!lHlalion 10 ElpproIJe an AOf'Hemenl for Sale and PurchasH with Trle District ScrlOol
Board of Collier County, Florida for 65 acres under the Conservation Collier Land Acquisition
Program, at a cost not to exceed $2,134,500 _ (Joseph K Schmitt Community Development
and Environmental S(,'f'VICeS Administrator)
9/12/20059:00:00 AM
Senior Property Acqllisltion Specialist
Dote
PrcJlurcd By
Cindy M. Erb
Administratiye Services
Facllities ManagelTM!lnt
7/12/20051:13:03 PM
Envlronnrental Services Director
Dote
Approved B)'
Wilham D. Lorenz, Jr.. P,E,
Community Development &
Environmental Services
Environmental Services
7129120057:45 AM
Alexandra J, Sulecki
Senior E.nvironmenta! Specialist
Date
Allprond By
Community Development &
Em'ironmental Seryicee
Environmental Services
7129/20058:42 AM
FacllitlH Management Director
Dote
Appro\'cd By
Skip Camp, CFM.
Adminimrative Services
Facilities Manngement
7/29/20051 :35 PM
Charles E. Carringtol"l, Jr..
SRfWA
ReO'll Estate Services Manager
D,..
Approved By
Administrative Services
FacllitiC1i: Manng&ment
8/112005 9:29 AM
Approved By
D'"
Constance A. Johnson Operations Analyst
Community De....elopmcnt & Community Development &
Environmental Services Enyironmental Services Admin
813120057:52 AM
Appro'\'ed By
D,"
Sandra Lea EKC!:cutivc Secretary
Community Devclopl1'lent & Community Development &
Environmental Services En....ironmental SarI/ices Admln
8!3IZ005 9:32 AM
Appruved B)'
Dote
Jose-ph K, Schmitt
Community Development &
E.nvironmental Servico$
Community Development &
EnviroTlmenta! ServicfJs Admin5trO'lt.or
Community Development &
Environmentnl Services- Admin
B/3;2005 4:58 PM
OMS Coordinator
Admimstrative Assistant
Oatob
AI1IJrOvcd By
County Managor'~ Office
Office of Management & Bud~,lC1
8/4120054:25 PM
Mich~l Smykow~ki
Management & Budget Director
Date
Approved By
County Manager's Office
Office- of Management & Budget
615/20055:03 PM
ApprlJ'\'cd BJ
James V. Mudd
Board of County
Commissioner!>
County Manager
Dnte
Cuunty Man.llger's Office
6fB/2005 12:33 PM
CONSERVATION COLLIER
Property Identification Number: 61730440005
Aaenda Item NO.1 OA
September 13, 2005
Page 6 of 15
AGREEMENT FOR SALE AND PURCHASE
THIS AGREEMENT is made and entered into by and THE DISTRICT SCHOOL
BOARD OF COLLIER COUNTY, FLORIDA, whose mailing address is 5775 Osceola
Trail, Naples, Florida 34109, (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".
If. PAYMENT OF PURCHASE PRICE
2.01 The purchase price (the "Purchase Price") for the Property shall be Two
Million One Hundred Twelve Thousand and Five Hundred Dollars
($2,112,500.00), (U.S. Currency) payable at time of closing.
'If. 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:
1
CONSERVATION COLLIER
Property Identification Number: 61730440005
Aoenda Item No.1 OA
September 13, 2005
Page 7 of 15
(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 Intemal 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 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 TA Commitment for an Owner's Title Insurance Policy
(ALTA 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
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: 61730440005
Agenda Item No. 10A
September 13, 2005
Page 8 of 15
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 after 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.
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.
VI. INSPECTION
3
CONSERVATION COLLIER
Property Identification Number: 61730440005
Agenda Item No, 10A
September 13, 2005
Page 9 of 15
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 Thousand Dollars ($1,000.00) 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
CONSERVATION COLLIER
Property Identification Number: 61730440005
Aaenda Item No. 10A
September 13. 2005
Page 10 of 15
Purchaser to execute and consummate the transaction contemplated hereby.
At Closing, certified copies of such approvals shall be delivered to Purchaser
and/or Seller, if necessary.
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 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 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: 61730440005
Agenda Item No. 10A
September 13. 2005
Page 11 of 15
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 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.
10.023 Any loss and/or damage to the Property between the date of this
Agreement and the date of Closing shall be Seller's sole risk and expense.
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: 61730440005
Agenda Item No. 10A
September 13. 2005
Page 12 of 15
With a copy to:
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:
Michael Kirk, Director
Real Estate and Asset Management
Collier County Public School District
5775 Osceola Trail
Naples, FL 34109
Telephone number: 239-377-0240
Fax number: 239-377-0231
11.02 The information provided in 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, 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.
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
7
CONSERVATION COLLIER
Property Identification Number: 61730440005
Agenda Item NO.1 OA
September 13, 2005
Page 13 of 15
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
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 set forth their hands seals.
Dated Project/Acquisition Approved by BCC:
AS TO PURCHASER:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
FRED W. COYLE, CHAIRMAN
, Deputy Clerk
8
CONSERVATION COLLIER
Property Identification Number: 61730440005
AS TO SELLER:
WITNESSES:
~.a- / ~~
rst Witne sIgnature)
Name: /..'trfN,E ..s-, J,qfn:!2effJ(",.s:/G1
(Print or Type)
\.J,,-, ,,(i..\ '-1\ ('\1\,(-.\ )( J'~'"
Second Witness (Signature) " ;
Name: D~h":AL ~(.>.I,I<NGT[:
(Print or type)
ATTEST'
and
Approved as to form and
legal sufficiency:
1,(L \YlJ~
Ellen T. Chadwell
Assistant County Attorney
Aaenda Item No, 10A
September 13. 2005
Page 14 af 15
DISTRICT SCHOOL BOARD OF COLLIER
COUNlY FLORIDA
/)
BY: /f71;/V~C~
PATRICIA)i. CARROLL, Chair
tw ~ /'11Ml'> 0 1<...
o Co ,~\. OS
9
CONSERVATION COLLIER
Property Identification Number: 61730440005
Agenda Item NO.1 OA
September 13. 2005
Page 15 of 15
EXHIBIT "A"
TAX IDENTIFICATION NUMBER: 61730440005
LEGAL DESCRIPTION:
ALL OF TRACTS 7, 8, 9 AND 12, AND THE NORTH 82.5 FEET OF THE
SOUTH 825.0 FEET OF TRACT 10, NAPLES FARM SITES, INC.,
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 4,
PAGE 34, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
SUBJECT TO AN ACCESS EASEMENT OVER, ALONG AND ACROSS THE
WEST 30 FEET THEREOF.
10
/,"""""""
,,-.
,-
Agenda Item NO.1 OB
September 13, 2005
Page 1 of 64
EXECUTIVE SUMMARY
Recommendation to adopt a Resolution authorizing the acquisition by Condemnation or
purchase of non-exclusive perpetual utility, utility and access easements, and temporary
construction easements for the construction of water transmission mains for the Collier
Boulevard Water Main Project from Davis Boulevard south to U.S. 41, Project Numbers
70151 and 70152, at a cost not to exceed $1,659,112.
OBJECTIVE: The public purpose is to obtain authorization from the Board of County
Commissioners, as the Governing Body of Collier County and as "Ex-Officio" the Governing
Board of the Collier County Water-Sewer District (hereinafter referred to as "Board") to acquire
by condemnation or purchase all rights and interests in real property required for the construction
and maintenance of utility improvements and facilities for the Collier County Water-Sewer
District's Collier Boulevard Water Main Project (hereinafter referred to as the "Project").
CONSIDERATIONS: On May 25,2004, the Board adopted the 2003 Water Master Plan Update
to establish priorities for the design, acquisition, and construction of various capital improvement
projects. This Project has been identified as one of the capital improvement projects required
under the 2003 Water Master Plan Update. The Project involves the construction of a 36" water
transmission main along the CR-951 corridor between Davis Boulevard and Rattlesnake
Hammock Road and a 30" water transmission main along CR-951 from Rattlesnake Hammock
Road to U.S. 41 to replace an existing 20" water transmission main and provide increased water
capacity and pressure to service current and projected demand for this area and to carry treated
water from the South County Regional Water Treatment Plant to proposed water storage facilities
on Manatee Road.
Staff has reviewed alternative locations, environmental factors, cost variables, safety, and welfare
considerations as they relate to the construction of the Project and staff has determined that the
most feasible location for the utility improvements for the Project is more particularly shown on
Exhibit "A" of the attached Resolution.
On May 24, 2005, Agenda Item 16CI0, the Board approved a resolution authorizing the
acquisition by gift or purchase of the necessary rights and interest required for this Project. Thus
far, staff has been unable to secure all of the required parcels through negotiations, so in order to
meet the Project's acquisition completion date of April 30, 2005, permission is requested to
initiate condemnation proceedings at this time.
A location map is attached for reference as Exhibit "8." An overall project time line is attached as
Exhibit "C."
The Clerk's Finance and Accounting Division has reviewed the information contained in this
Executive Summary.
.-
Agenda Item NO.1 08
September 13, 2005
Page 2 of 64
EXECUTIVE SUMMARY
Resolution for Condemnation
Collier Boulevard Water Mains Project
Page 2
FISCAL IMPACT: Total acquisition cost is estimated at $1,659,112 and includes all easements,
improvements, title commitments and policies, staff time, appraisal fees, and miscellaneous
expenses associated with the acquisition by condemnation of the necessary utility easements,
including attorney fees and expert witness costs incurred by the property owner which the
condemning authority is required to pay under the provisions of Chapter 73, Florida Statutes.
Funds are available in the Water Impact Fee Fund (411), Collier Boulevard Water Main Projects
70151 and 70152. The FY 05 budget was approved by the Board on September 23,2004. Source
of funds is Water Impact Fees (411).
GROWTH MANAGEMENT IMPACT: The Project is consistent with, and furthers the goals,
objectives, and policies of, the Collier County Growth Management Plan.
RECOMMENDATION: That the Board:
I. Having reviewed alternative locations, environmental factors, cost variables, long-
range planning, safety and welfare considerations as they relate to the construction of
the Project, find that the most feasible location for the utility improvements for the
Project is more particularly shown on Exhibit "A" of the attached Resolution;
2. Adopt the attached Resolution authorizing the acquisition by condemnation or
purchase of the easement interests required to complete the Project; and
3. Authorize Chairman Coyle to execute the attached Resolution.
PREPARED BY:
Toni A. Mott, Manager, Property Acquisition & Sales
Real Estate Services / Facilities Management Department
Item Number:
Item Summary:
Meeting Date:
Agenda 11 em i..Ju 108
September '13, 2U05
F'<lge 3 of 64
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
lOB
Recommendation 10 Eldopt a Resolution Cluthorll:inO the <icquisilion lJY Condflrnnfltiol1 or
purchase 01 Ilon~exclusive perpetual utility utility Blld access easements. and temporary
construction eaSem81lts for the construction 01 water tnmsmissiol1 mains for the Collier
Boulevard Willer Main Pmjecl horn Davis Boulevard south to U_S 41 Project Numbers
70151 and 70152. .,t a cost not to exceed $1.659. I 1 2 (Jim Delany. Administrator, Public
Utilities)
9"13/2005 9:00:00 AM
D,le
A ppruvcd 8)'
Charles E. Carrington, Jr.,
SR/'oNA
Admmistratlve Services
RaIJI Estate Services Manager
F.tlclllties Man.agement
B18f2005 7:37 AM
0....
A pprnved By
Skip C.1mp, C.F .M.
Administrative Services
Facilities Management Director
FacilitIes Management
8/8120058;22 AM
Senior Project M.mager
Date
A pprovcd B)I
ROnllld F, Dillard, P.E.
Public Utilities.
Public Utilities Engineering
8/8/20059;31 AM
Om.
Approved B)'
William D. Mullin, PE
Public Utilities
Principal Project Manager
Public Util!tle& Engineering
8/81200511:05 AM
D,le
ApprO\!cd By
ThonUll3 Wideli
Public Utilities
Operations Director
Public Utilities Opera1lons
81612005 2:16 PM
0....
Approved By
James W. DeLany
Public Utilities
Public Utltith'r$ AdmlnJstr~tor
Public Utilities Administmtion
6/12/200512:43 PM
0....
Approved By
OMS Coordinator
County Mannger's Office
Administrll1ive ASSlstlllnl
Office of Manag~mlern 8. BLldget
8115{2005 7:34 AM
Oat.
Approved By
Susan Usher
COUllty Mannger's Office
Senior Management/Budget Analyst
Office of Man3gement 8. Budget
6117120058:30 AM
Michael Smykowski
Date
Allllrovcd By
County Man<lgcr's Offico
Management & Budget Director
Office of Managomont 8. Budget
8f23!2005 1:31 PM
Appruved By
Hoy B. Anderson. P ,E
Public UtilitJes
Public Utilities E.nglnl)ering Director
Dl.lte
Public Utilities Engineering
8/3i!2005 12~45 PM
Dale
ApJlro,'cd B)'
Jame5 V. Mudd
Board of' County
Commissioners
County Manager
County Man./lger's Office
8/31/200512:57 PM
RESOLUTION NO. 2005-_
Agenda Item NO.1 08
September 13, 2005
Page 4 of 64
RESOLUTION NO. CWS-2005-
A RESOLUTION AUTHORIZING THE ACQUISITION OF LAND BY CONDEMNATION OR
PURCHASE OF NON-EXCLUSIVE, PERPETUAL UTll..ITY AND UTILITY AND ACCESS
EASEMENTS A!\.'D TEMPORARY CONSTRUCTION EASEMENTS, FOR THE CONSTRUCTION
OF WATER TRANSMISSION MAINS ALONG C.R. 951 (COLLIER BOULEVARD) FROM
DAVIS BOULEVARD SOUTH TO U.S. 41, PROJECT NUMBERS 70151 and 70152.
WHEREAS, the Board of County Commissioners, as the Governing Body of Collier County
and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, (hereinafter
referred to as "Board"), on May 25, 2004, adopted the 2003 Water Master Plan Update for the County's
Water Service area in order to establish priorities for the design, acquisition, and construction of the
various water capital improvement projects; and
WHEREAS, the Collier Boulevard Water Main Project, hereinafter referred to as "Project" is
one of the water capital improvement projects required under the 2003 Water Master Plan Update for
the County's Water Service area; and
WHEREAS, the Board, on May 24, 2005, adopted Resolution No. 2005 -200/CWS - 2005-03,
authorizing staff to acquire by gift or purchase those property rights required for the construction of the
above-referenced Project; and
WHEREAS, the location for construction of the proposed improvements has been fixed by
survey and is collectively represented by the legal descriptions comprising Exhibit "A" attached hereto
and incorporated herein; and
WHEREAS, after consideration of the availability of alternate routes and locations, the
comparative costs of project alternatives, various impacts upon the environment, long range planning
options, and public safety considerations, the Board desires to exercise its right to condemn property
for public purposes.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF
COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER
COUNTY WATER-SEWER DISTRICT, that the construction of the water transmission mains
required for the Project is necessary and in the best interests of the general public.
1
Agenda Item No, 10B
AND IT IS FURTHER RESOLVED that construction of the Project is part of ~~'s3, 2f005
---P"iige 5 0 64
long range planning effort, and is included in the 2003 Water Master Plan Update for the County's
Water Service Area, as approved by the Florida Department of Community Affairs.
AND IT IS FURTHER RESOLVED that the County Staff has reviewed alternative locations
for the Project, various impacts to the environment, public safety and welfare considerations associated
with the design and construction of the Project, and the costs associated with the design, property rights
acquisition, and construction of the Project; and the Board finds that after consideration of these issues
the most feasible location for construction of the proposed improvements is collectively represented by
the legal descriptions comprising Exhibit "An attached hereto and incorporated herein.
AND IT IS FURTHER RESOLVED that in order to construct the Project as designed, it is
necessary for the Board to acquire the various real property interests described in Exhibit "An, to wit:
perpetual, non-exclusive utility and access easements and temporary construction easements.
AND IT IS FURTHER RESOLVED that all property shall be put to public purposes.
AND IT IS FURTHER RESOLVED that County staff is hereby authorized to acquire
immediately by gift, purchase or condemnation in the name of the Board, in accordance with the
provisions of Chapters 73, 74 and 127, Florida Statutes, the above-referenced real property interests
more particularly described in Exhibit "An attached hereto and incorporated herein.
AND IT IS FURTHER RESOLVED that no mobile homes are located on the property sought
to be acquired and therefore it will not be necessary to remove any mobile homes from the property to
be acquired,
This Resolution adopted on this
day of
, 2005, after motion,
second and majority vote.
A TrEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS OF
COIllER COUNTY, FLORIDA,
BY:
FRED W. COYLE, CHAIRMAN
Approved as to form and
legal sufficiency:
k vCL~
Ellen T. Chadwell
Assistant County Attorney
2
EXHIBIT A
P.--L-of~
Aaenda Item No, 10B
S~m~r/13,L2005
PROJECT 7 C> r~~of64
PARCEl I, r
FOLIO :2!) 'f{ 9 :;'-000/:.0/
TEMPORARY CONSTRUCTION
EASEMENT (DURATION: 3 YEARS
FROM COMMENCEMENT OF
CONSTRUCTION)
SKETCH AND DESCRIPTION OF A
TEMPORARY CONSTRUCTION EASEMENT (1.T)
LYING IN CEDAR HAMMOCK SUBDIVISION, TRACT "G-12"
PLAT BOOK 32, PAGE 91; SECTION 3, TO~SHIP 50 S, RANGE 26 E
COLUER COUNTY, FLORIDA
589"09'2O"E
20.00'
N89'S'26"E P.O.B.
101 5.00' \
; ~
~ CD
8 CD
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NORTH UNE CEDAR HAMMOCK
&: lRACT "G-12"
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R/W - RIGHT-Of-WAY
O.R. - OFFICIAl RECORDS BOOK/pAGE
P.O.B.-POINT OF BEGINNING
P.O.C.-POINT Of COMMENCEMENT
NO.-NUMBER
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THE PARCEL BEARING, DISTANCES, AND AREAS
CAlCULA 1m ARE BASED ON A FlM SURVEY.
O.flRREff TOWNs1:ND (Fa! THE FIRM LB677:5) BASIS Of BEARING: STATE PLANE COORDINATE
- .P-ROFESSIONAl SUR\'Eyga AND MAPPER SYSTEM, FL.A. EAST ZONE. '8:5;90.
~~~~~SEof~ :~,#1le/.J 2005. THIS IS NOT A SURVEY
. . f"
'.._<-,-~':,:'JEFFREY C. COONER AND ASSOCIATES, INC.
'. . , " .. ' SUR\IE)1NG AND MAPPING
3900 COLONIAL BLVD., SUITE 4, FORT MYERS, FLORIDA 33912
PHONE: (239)277-0722 FAX: (239)277-7179 EMAlL: SURVEYlNGCCOONER.COM
CLIENT: GREELEY AND HANSEN, LLC DRAWN BY: DKT CHECKED BY: JNW
PARCEL DESCRIPllON: DATE: 03/09/05 SCALE: 1--10' REV:
TEt.tP. CONSlRUCilON EASOAENT lRACT
-G-12", CEDAR HAMMOCK: SEe. 3-50-26 PROJECT No: 030705W.A DWG No:030705WA-ESN SHEET: 1 Of 2
Agenda Item No. 10B
September 13, 2005
7 D' 5a~ei'-of 64
PROJECT 7 01 ~.:<.
PARCEL I. T
FOl IO ;2 5" "(j <=t ~ OOe) hO/
EXHIBIT -A-
Page 2..J,t..ll..
.TEMPORARY CONSTRUCTION
EASEMENT (DURATION: 3 YEARS
FROM COMMENCEMENT OF
CONSTRUCTION)
SKETCH AND DESCRIPTION OF A
TEMPORARY CONSTRUCTION EASEMENT (t.T)
LYING IN CEDAR HAt.4t.40CK SUBDIVISION, TRACT -G-12-
PLAT BOOK 32, PAGE 91: SECllON 3, TOWNSHIP 50 S, RANGE 26 E
COWER COUNTY, FLORIDA
DESCRIPTION OF A tEMPORARY CONSTRUCTION EASEMENT LYING IN TRACT -G-12- OF CEDAR HAMMOCK
SUBDIVISION AS RECORDED IN PlAT BOOK 32. PAGE 91: SECllON 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST,
COWER COUNTY, flORIDA:
BEGIN AT THE INTERSECllON OF THE NORTH UNE OF SAID SUBDIVISION AND THE M:STERLY RIGHT-OF-WAY
UNE OF COUNTY ROAD 951: THENCE RUN SOO'SO'4<4.-W. A DISTANCE OF 1389.26 FEET ALONG SAID
M:STERL Y UNE TO THE SOUTH UNE OF SAID TRACT; THENCE RUN N34"34'OS-W, A DISTANCE OF 8.63 FEET
ALONG SAID SOUTH LINE; THENCE RUN Noo'SO'4<4.-E" A DISTANCE OF 662.67 FEET: 1HENCE RUN N89'09'20
-W, A DISTANCE OF 20.00 FEET; THENCE RUN NOO'SO'4<4.-E" A DISTANCE OF 30.00 FEET; THENCE RUN
S89'09'20-E" A DISTANCE OF 20.00 FEET; THENCE RUN NOO'SO'4<4.-E" A DISTANCE OF 889.43 FEET: TO THE
NORlH UNE OF SAlD SUBDIVISION AND THE NORTH UNE OF SAID TRACT; THENCE RUN N89'B'26-E. A
DISTANCE OF 5.00 FEET ALONG SAlD NORTH UNE TO THE POINT OF BEGINNING.
CONTAINING 7530 SQUARE FEET OR 0.17 ACRES, MORE OR LESS.
:T S:::~ 1W1;~T SKETCH c!c SIGNATURE THIS IS NOT A SURVEY
JEFFREY C. COONER AND ASSOCIATES, INC_
SURVEYING AND MAPPING
3900 COLONIAL Bl W., SUITE 4, FORT MYERS, FLORIDA 33912
PHONE: (239)277-0722 FAX: (239)2n-7179 EMAlL: SURVEYlNGOCOONER.COt.t
aJENT: GREElLY AND HANSEN, u.c DRA\\W BY: DKT CHECKED BY: J.N.W.
PARCEL DESCRIPllON: DAlE: 03/09/05 SCALE: N/A I REV:
tEMP. CONSTRUCTION EASEMENT TRACT
-G-12-. CEDAR HAMMOCK: SEC. 3-50-26 PROJECT No: 030705W.A OWG NO:OJ0705WA-ESW I SHEET: 2 OF 2
EXHIBIT -1L-
Page~.5..:L
TEMPORARY CONSTRUCTION.
EASEMENT (DURATION: 3 YEARS
FROM COMMENCEMENT OF
CONSTRUCTION)
Aaenda Item No. 10B
September 13. 2005
Page 8 of 64
70 ( S-I to
PROJECT 701 S-:t
PARCEl .2 , ;-
FOlIO ,;z~<6C;'iqq'91 ~ 'I
SKETCH AND DESCRIPTION OF A
TEMPORARY CONSTRUCTION EASEMENT (2.T)
LYING IN CEDAR HAMMOCK SUBDIVISION, TRACT "B-2n
PLAT BOOK 32, PAGE 91; SECTION 3, TOWNSHIP 50 S, RANGE 26 E
COLLIER COUNTY, FLORIDA I
P.O.C.
NORTH LINE CEDAR HAMMOCK \
PROPOSED TE~PORARY ~
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P.O.B.-POINT OF BEGINNING
P.O.C.-POINT OF COMMENCEMENT
NO.-NUMBER
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---~---------------- CALCULATED ARE BASED ON A FIELD SURVEY.
DARREN.'TOWNSEND (FOR THE FIRM LB6773) BASIS OF BEARING: STATE PLANE COORDINATE
PROFESSIONAL SURVEYOR AND MAPPER SYSTEM, flA. EAST ZONE, 'B3;90.
~?SRI~~~~~S~FN~_~~61. __,2005. THIS IS NOT A SURVEY
."~r:,( ;~(..'.:. COONER & ASSOCIATES, INC.
. .)r. . .,'" , ". /... SURVEYING AND MAPPING
,!.,' .<.~,e .ij ;;.':'....5670 ZIP DRIVE, FORT MYERS, FLORIDA 33912
......':' ;;HQblq:c, (~~)2;t7-0722 FAX: (239)277-7179 EMAIL: SURVEYlNGOCOONER.COM
CLIENT: GREELEY AND HANSEN. LlC DRAWN BY: OKT CHECKED BY: JNW
PARCEL DEsCRfP-TlON:--, .:: DAlE: 03/09/05 SCALE: '"-20' REV: 4-27-05
TEM P. coN$TRu C~<;?N- E~SEM~r; TRACT
"B-2", Of;OAR'tlAMMOCK, .SEC~' 3'C'50-26 PROJECT No: 030705W.A DWG NO:D30705WA-ESM SHEET: 1 OF 2
- .
''':7;,.{'~,' ~1'T"'''':::''- .~,:"""
./!..'Iuuer,....":'"
TEMPORARY CONSTRUCTION
EASEMENT (DURA nON: 3 YEARS
FROM COMMENCEMENT OF
CONSTRUCTION)
Agenda Item NO.1 08
September 13, 2005
Page 9 of 64
701 ~ I 1-
PROJECT '7 Of ~:t
PARCEL .:<. T
FOlIO .;2~~ql.f CJqq I;;J..L(
EXHIBIT 1L.
Page ....!:i......of ~.
SKETCH AND DESCRIPTION OF A
TEMPORARY CONSTRUCTION EASEMENT (2.T)
L YlNG IN CEDAR HAMMOCK SUBDIVISION, TRACT "B-2"
PLAT BOOK 32, PAGE 91; SECTION 3, TOWNSHIP 50 S, RANGE 26 E
COLLIER COUNTY, FLORIDA
DESCRIPTION OF A 10-FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT LYING IN TRACT "B-2" OF CEDAR
HAMMOCK SUBDIVISION AS RECORDED IN PLAT BOOK 32, PAGE 91; SECTION 3, TOWNSHIP 50 SOUTH, RANGE
26 EAST, COLLIER COUNTY, FLORIDA:
COMMENCE AT THE INTERSECTION OF THE NORTH LINE OF SAID SUBDIVISION AND THE WESTERLY
RIGHT-OF-WAY LINE OF COUNTY ROAD 951; THENCE RUN SOO'50'44"W, A DISTANCE OF 1389.26 FEET
ALONG SAID WESTERLY LINE TO THE NORTH LINE OF SAID TRACT AND THE POINT OF BEGINNING; THENCE
CONTINUE ALONG SAIO WESTERLY LINE SOO'SO'44"W, A DISTANCE OF 408.87 FEET TO THE SOUTH LINE OF
SAID TRACT AND THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY HAVING A DELTA ANGLE OF
36'S2'10", A RADIUS OF 50.00 FEET, A CHORD BEARING OF S1916'50"W AND A CHORD DISTANCE OF 31.62
FEET; THENCE ALONG THE ARC OF SAID CURVE TO THE RIGHT AND SAID SOUTH LINE A DISTANCE OF 32.17
FEET; THENCE RUN NOO'50'44"E, A DISTANCE OF 452.93 FEET TO THE NORTH LINE OF SAID TRACT; THENCE
RUN S34'34'OS"E, A DISTANCE OF 17.26 FEET AlONG SAID NORTH LINE TO THE POINT OF BEGINNING.
CONTAINING 4363 SQUARE FEET OR 0.10 ACRES, MORE OR LESS.
~~TS~~~I~ lWl;O~T SKETCH & SIGNATURE THIS IS NOT A SURVEY
COONER &: ASSOCIATES, INC.
SURVEYING AND MAPPING
5670 ZIP DRIVE, FORT MYERS, FLORIDA .33912
PHONE: (2.39)277-0722 FAX: (239)277-7179 EM AIL: SURVEYlNG<OCOONER.COM
CLIENT: GREELEY AND HANSEN, LLC DRAINN BY: DKT CHECKED BY: J.N.W.
PARCEL DESCRIPTION: DATE: 03/09/05 SCALE: N/A I REV: 4-27-05
TEMP. CONSTRUCTION EASEMENT TRACT
"B-2", CEDAR HAMMOCK: SEC. 3-50-26 PROJECT No: 0::50705W.A DWO NO:030705WA-ESM I SHEET: 2 OF 2
EXHIBIT ....IL
Page-5-of ..2L
Agenda Itern NO.1 OB
~ 1.~005
PROJECT 78j1~~ of 64
PARCEl .3 . I
FOlIO ;;2S-~9'-19990'i?S-
TEMPORARY CONSTRUCTION
EASEMENT (DURA TION: 3 YEARS
FROM COMMENCEMENT OF
CONSTRUCTION)
SKETCH .AND DESCRIPTION OF A
TEMPORARY CONSTRUCTION EASEMENT (S.T)
L'r1NG IN CEDAR HAMUOCK SUBDIVISION, TRACT "A"
PLAT BOOK 32, PAGE 91; SECTION 3, TOWNSHIP 50 S, RANGE 26 E
COWER COUNTY, flORIDA
NORlli UNE CEDAR HAMIotOCK
P.O.e.
\
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PROPOSED TEMPORARY
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KEY:
C.R.-COUNTY ROAD
F.P.&l.-FLORIDA POWER ok UGHT CO.
R/W - RIGHT-Of-WAY
O.R. - OFFlClAL RECORDS BOOK/pAGE
P.O.B.-POINT Of BEGINNING
P.O.C.-POINT OF COMIotENCEMENT
NO.-NUMBER
lr-0E1.. T A
R-RADIUS
L-LENGlH
CB-CHORD BEARING
C-CHORO DISTANCE
t-
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g
""36"52'10.
L-32.1T
R-SO.oo'
CB-N19'S'SO"E
C-3t.S2'
10.00'
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DESCRIPllON ON SHEET 2 OF 2
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lHE PARCEl. BEARING, DISTANCES. AND AREAS
CALCULATED ARE BASED ON A FIELD SURVEY.
BASIS OF BEARING: STAlE PLANE COORDINAlE
SYSTEM, FLA. EAST ZONE. '83/90.
""36"52'10"
L-32.1 T
R-SO.oo' \
C8-N1T35'23"W
C-31.62'
;,../~ /'
~---~----
i>-dRD.I TOwN~f): (~ lHE FIRM LB6773)
~P.ROfESslONAL stJR~ AND IotAPPER
~. ~r'.uCENSE NctlS.6476
~ '~rs...~ DA~..ar ~F.cf'lA.UU 2005. THIS IS NOT A SURVEY
~"'...'.,,~~ JEFFREY C" COONER AND ASSOCIATES, INC.
,. r..... ." . SURVEYING AND MAPPING
3900 COLONIAL BL \ID., SUllE 4, FORT MYERS, FLORIDA 33912
PHONE: (239)277-0722 FAX: (239)277-7179 EMAlL: SUR\1::Y1NGOCOONER.COU
CUENT: GREELEY AND HANSEN. LLC DRA~ BY: DKT CHEa<ED BY: JNW
PARCEL DESCRIPl1ON: DATE: 03/09/05 SCAlE: 1"-20' REV:
TEMP. CONSTRUCTION EASEMENT TRACT
"A". CEDAR HAtolMOCK; SEe. 3-50-26 PRO.ECT No: 030705W.A DWG No:030705WA-ESM SHEET: 1 OF 2
.
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.
t-
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I!:
PROPOSED TEMPORARY
CONSTRUC~ON EASEMENT
10' U~UTY EASEMENT
PER PLAT
Agenda Item No. 10B
September 13, 2005
Page 11 of 64
EXHIBIT .lL
Page.le.-of.5.2- --
TEMPORARY CONSTRUCTION'
EASEMENT (DURATION: 3 YEARS
FROM COMMENCEMENT OF
CONSTRUCTION)
70/ S-I 7'
PROJECT 7 01 ~ .:t.
PARCEL 3. T
FOLIO ;Z5'"€9<1q990<t~
SKETCH AND DESCRIPTION OF A
TEJlPORARY CONSTRUCTION EASEJlENT (3.T)
LYING IN CEDAR HAMMOCK SUBDIVISION, TRACT .. A"
PLAT BOOK 32, PAGE 91: SECllON 3, TOWNSHIP 50 S, RANGE 26 E
COWER COUNTY, FLORIDA
DESCRIPTION Of' A 10-FOOT WIDE 'TEMPORARY CONSTRUCTION EASEMENT LYING IN 'lRACT -A- Of' CEDAR
HAMMOCK SUBDIVISION AS RECORDED IN PLAT BOOK 32, PAGE 91: SECTION 3, TOWNSHIP 50 SOUTH, RANGE
26 EAST, COLLIER COUNTY, FLORIDA:
COMMENCE AT THE INTERSECTION Of' THE NORTH UNE OF SAID SUBDIVISION AND THE WESTERLY
RIGHT-OF-WAY UNE Of' COUNTY ROAD 951: THENCE RUN SOO"50'44-W, A DISTANCE Of' 1798.13 FEET
ALONG SAID WESTERLY UNE TO THE NORTH UNE Of' SAID 'lRACT AND THE POINT Of' BEGINNING; THENCE
CONTINUE ALONG SAID WESTERLY UNE SOO'SO'44"W, A DISTANCE OF 192.00 FEET TO THE SOUTH UNE Of'
SAID 'lRACT AND THE BEGINNING Of' A CURVE CONCAVE SOUTHWESTERlY HAVING A DELTA ANGlE Of'
36"52'10-, A RADIUS Of' 50.00 FEET, A CHORD BEARING Of' N1T3S'23-W AND A CHORD DISTANCE Of' 31.62
FEET: THENCE ALONG THE ARC Of' SAID CURVE TO THE LEFT AND SAID SOUTH UNE A DISTANCE OF 32.17
FEET: THENCE RUN Noo"SO'44-E. A DISTANCE Of' 132.00 FEET TO THE NORTH UNE Of' SAID TRACT AND THE
BEGINNING Of' A CURVE CONCAVE NORTHWESTERLY HAVING A DELTA ANGlE Of' 36"52'10-, A RADIUS OF
50.00 FEET, A CHORD BEARING OF N19'6'50.E AND A CHORD DISTANCE OF 31.62 FEET: THENCE ALONG
THE ARC OF SAID CURVE TO THE LEFT AND SAID NORTH UNE A DISTANCE OF 32.17 FEET TO THE POINT
OF BEGINNING.
CONTAINING 1.511 SQUARE FEET OR 0.03 ACRES, MORE OR LEss.
~T~~ r;~T SKETCH &: SlGNAllJRE THIS IS NOT A SURVEY
JEFFREY C. COONER AND ASSOCIATES, INC.
SURVEYING AND MAPPING
3900 COLONIAL BLVD., SUITE 4, FORT MYERS, FLORIDA 33912
PHONE: (239)277-0722 FAX: (239)277-7179 EMAlL: SURVEYlNGOCOONER.COM
CUENT: GREELEY AND HANSEN, LLC DRAWN BY: DKT CHECKED BY: J.N.W.
PARCEL DESCRIPnON: DATE: 03/09/05 SCALE: N/A I REV:
n::MP. CONS'lRUCTlON EASEMENT 'lRACT
-A-, CEDAR HAMMOCK; SEC. 3-50-26 PRo.ECT No: 030705W.A DWG NO:030705WA-ESM I SHEET: 2 Of' 2
Agenda Item No.1 DB
September 13, 2005
Page 12 of 64
EXHIBIT -1L
Page~ 51
-
TEMPORARY CONSTRUCTION
EASEMENT (DURATION: 3 YEARS
FROM COMMENCEMEJII'T OF
CONSTRUCTION)
701 S-I t-
PROJECT 7 Of~;t
PARCEL Lf, T
FOLIO ;;.~<t'i497'9loq
SKETCH AND DESCRIPTION OF A
TEJlPORARY CONSTRUCTION EASEJlENT (4.T)
LYING IN CEDAR HAMMOCK SUBDIVISION, TRACT -B-1-
PLAT BOOK 32, PAGE 91; SECllON 3, TOWNSHIP 50 S, RANGE 26 E
COWER COUNTY, FLORIDA
PROPOSED TEMPORARY
CONSTRUCTION EASEMENT
lRACT -A-
in
0>
0:
cJ
....
z
::J
~
a::
~ A-J6"S2'10-
l-32.17'
R-50.00'
CS-S1 T35'23-e:
c-31.62'
KEY:
C.R.-COlINTY ROAD
F.P.&I...-FlORIOA POWER a: UGHT CO.
R/W - RIGHT-OF-WAY
O.R. - OFFlClAl RECORDS BOOK/pAGE
P.O.B.-POINT OF BEGINNING
P.O.C.-POINT OF COMMENCEMENT
NO.-NUMBER
A-DEL T A
R-RADIUS
L-lENGTH
CS-CHORD BEARING
C-CHORD DISTANCE
1 D' UTILITY EASEMENT '\
'" ~~
FOUO NO.:
25894999108
.
I'
III
.
~
o
<(
If
NOT VAlID WTHOUT
DESCRlPllON ON SHEET 2 OF 2
~~ l:l
It.
20' LANDSCAPE BUFFER l"l ~
",,"'", ern ~~ ~ 0
~
. ;
lB.
g~
.8
en
tiQ]f;
THE PARCEL BEARING, DISTANCES, AND AREAS
CALCULA lED ARE BASED ON A FlB..D SURVEY.
BASIS OF BEARING: STAlE PLANE COORDINAlE
SYS1Et.f, FlA. EAST ZONE, '83/90.
10.00'
10.00'
N89"09'16-W
lRACT -G-::i/g- J .
PROPOSED TEMPORARY ~ ~
CONSlRUCllON EASEMENT N
S UNE
lRACT -B-1-
!
P.O.B.
\
....
;
b
10
o
o
z
I
P.O.C.
,.IC
SOUTH UNE CEDAR HAMMOCK
- !~;~~1i
;: :~...;._..:. - - ---'-- ~-----
::. ~A8~ -:roWNsl:."NQc~(FCR lHE ARM LB6773)
F'RCIf'ESsrONAl ~AND MAPPER
'~I,JCENSENO~.'641a .
~1~~DA~'.of ~r... YIAUU 2005. THIS IS NOT A SURVEY
.......,.....JEftREy C. COONER AND ASSOCIATES. INC.
SURVEYING AND MAPPING
3900 COLONIAL BLVD., SUITE 4, FORT MYERS, flORIDA 33912
PHONE: {239}277-0722 FAX: (239)277-7179 EMAIL: SURVEYlNGOCOONER.COM
CUENT: GREElEY AND HANSEN, U.C DRAWN BY: DKT CHECKED BY: ~W
PARCEl DESCR/Pl1ON: DAlE: 03/09/05 SCALE: 1--20' REV:
lEMP. CONSlRUCllON EAsatENT lRACT
"B-1-, CEDAR H.....MOCK; SEC. 3-50-26 PROJECT No; 030705W.A DWG No:OJ0705WA-E!iU SHEET: 1 OF 2
TEMPORARY CONSTRUCTION
EASEMENT (DURATION: 3 YEARS
FROM COMMENCEMENT OF
CONSTRUCTION)
Agenda Item No, 10B
September 13, 2005
Page 13 of64
70/5'/ 't-
PROJECT 70/ ~ .:J-
PARCEL :if. r
fOLIO ;;< 5"'l?9~9qc; IO't{
EXHIBIT.JL
Page~-s.::L
SKETCH AND DESCRIPTION OF A
TEJlPORARY CONSTRUCTION EASEJlENT (4.T)
L YlNG IN CEDAR HAMMOCK SUBDIVISION, lRACT .B-1.
PLAT BOOK 32, PAGE 91: SECTION 3, TOWNSHIP 50 S, RANGE 26 E
COLLIER COUNTY, FLORIDA
DESCRIPTION Of A 1o-FOOT WIDE lDotPORARY CONSTRUCTION EASDoIENT LYING IN lRACT .B-1" Of CEDAR
HAMMOCK SUBDIVISION AS RECORDED IN PLAT BOOK 32, PAGE 91; SECTION 3, TOWNSHIP 50 SOUTH, RANGE
26 EAST, COWER COUNTY, FlORIDA:
COMMENCE AT THE INlERSECTlON Of THE SOUTH UNE Of SAID SUBDIVISION AND THE WESlERL Y
RIGHT-Of-WAY UNE Of COUNTY ROAD 951; THENCE RUN NOO'5O'''"E, A DISTANCE OF 297.40 FEET ALONG
SAID WESTERlY UNE TO THE SOUTH UNE OF SAID TRACT AND THE POINT OF BEGINNING; THENCE ALONG
SAID SOUTH UNE N89'09'1S"W, A DISTANCE Of 10.00 FEET; THENCE RUN N0<T50'''"E, A DISTANCE OF
520.88 FEET TO THE NORTH UNE OF SAID TRACT AND THE BEGINNING OF A CUR'v'E CONCA'v'E
SOUTHWESlERLY HAVING A DELTA ANGLE OF 36"52'10", A RADIUS OF 50.00 FEET, A a-tORD BEARING OF
511'35'23"E AND A a-tORD DISTANCE OF 31.62 FEET; THENCE ALONG THE ARC OF SAID CUR'v'E TO THE
RIGHT AND SAID NORTH UNE A DISTANCE OF 32.17 FEET TO SAID WESTERlY RIGHT-Of-WAY UNE; THENCE
ALONG SAID WES'TERL Y UNE $00'50' ""W, A DISTANCE Of 490.88 FEET TO THE POINT Of BEGINNING.
CONTAINING 5,113 SQUARE FEET OR 0.12 ACRES, MORE OR LESS.
~T~~f 1W1~~T SKETCH "SI~ATURE lHlS IS NOT A SURVEY
JEFFREY C. COONER AND ASSOCIATES. INC.
SURVEYING AND MAPPING
3900 COLONIAL BLVD., SUllE 4, FORT MYERS, FLORIDA 33912
PHONE: {2J9)277-0722 FAX: (239)277-7179 EMAIL: SURVEYlNGOCOONER.COM
CUENT: GREELEY AND HANSEN, U.C DRAWN BY; DKT CHECKED BY: J.N.W.
PARCEL DESCRIPllON: DATE: 03/09/05 SCALE: NIA REV:
lDotP. CONSlRUCTlON EASEMENT lRACT
"B-1", CEDAR HAMMOCK; SEC. 3-50-26 PRO.ECT No: 030705W.A DWG NO:030705WA-ESW SHEET: 2 Of 2
Aoenda Item NO.1 DB
September 13. 2005
Page 14 of 64
EXHIBIT A.....
Page~of~
TEMPORARY CONSTRUCTION
EASEMENT (DURA TlON: 3 YEARS
FROM COMMENCEMENT OF
CONSTRUCTION)
701 ~/ i-
PROJECT 7015~
PARCEL 5". T
FOLIO :< s-.;(9s-000b Cf'?
SKETCH AND DESCRIPTION OF A
TEMPORARY CONSTRUCTION EASEMENT (5.T)
LYING IN CEDAR HAMMOCK SUBDIVISION, TRACT -G-19-
PLAT BOOK 32, PAGE 91; SECTION 3, TOWNSHIP 50 S, RANGE 26 E
COWER COUNTY, FLORIDA
.
I
CD
.
...
u
-<
f!:
PROPOSED TEt.4PORARY
CONSlRUCllON EASEt.4ENT
N UNE
lRACT -(;-19-
in
0>
Ii
t.i
....
Z
::::J
~
0:
~
KEX:
C.R.-COUNTY ROAD
f.P.&L-FlORID'" PO\ER & UGHT CO.
R/W - RlGHT-Of-W"'Y
O.R. - omClAL RECORDS BOOK/pAGE
P.O.B.-POINT Of' BEGINNING
P.O.C.-POINT Of' COMMENCEMENT
NO.-NUMBER
20' LANDSCAPE BUFfER
EASEt.4ENT PER PLAT
. I
0>
I
FOLIO NO.: CI
.
25895000698 ...
u
-<
~
\oJ ~
; ~ ~;
~ ~ ~}1
8 ('oj ('oj 8
Z (I)
10.00'
S UNE CEDAR H.....MOCI<
& S UNE SECl10N 3
10.01'
S88'56'25-W P .O.B.
I
PROPOSED TEt.4PORARY
CONSlRUCllON EASEt.4ENT
PROPOSED TEMPORARY ______
CONSlRUCllON EASEt.4ENT
DESCRiPtiON Of A 1()-fOOT WIDE 'TEMPORARY CONSlRUCtlON EASEMENT LYING IN lRACT -G-19- Of CEDAR
H.....MOCI< SUBDIVISION AS RECORDED IN PLAT BOOK 32. PAGE 91; SECtiON 3, TOWNSHIP 50 SOUTH. RANGE
26 EAST, COWER COUNTY, flORIDA:
BEGIN AT niE INlERSECtlON Of niE SOUTH UNE Of SAID SUBDIVISION AND THE WESTERLY RIGHT-Of-WAY
UNE Of COUNTY ROAD 951; niENCE RUN S81fS6'25-W, A DISTANCE Of 10.01 fEET AlONG SAID SOUni
UNf, SAID UNE ALSO BBNG niE SOUni UNE Of SAID SECTION 3; niENCE RUN NOO"50' 44-[, A DISTANCE
Of 297.73 fEET TO THE NORTH UNE Of' SAID lR...CT; niENCE ALONG SAID NORni UNE 589'09'16-[, A
DISTANCE Of 10.00 fEET TO SAID WESTERlY RIGHT-Of-WAY UNE; niENCE AlONG SAID WESlERLY UHE
SOO"50'44-W, A DISTANCE Of 297.40 fEET TO niE POINT Of BEGINNING.
CONTAINING 2.976 SQUARE fEET OR 0.07 "'CRES, MORE OR LEss.
.'1' I.
d~: I
,;~~~..~. /
,-1.~~-----
- ~MREN~.TOWNSfND' {FiOR "tHE FlRM LBSn3)
! :!i>RDF6SIONAL SlJR~ AND U"'PPER
.ORI~CENst ~,: t!; .P.t1lc
lHIS.}..~ D"'Y Of.:': . . - . U. 2005.
wnE:
niE PARCEl BEARING, DISTANCES, AND "'REAS
CALCULATED ARE BASED ON A FlELD SURVEY.
BASIS Of BEARING: STATE PlANE COORDINATE
SYSTEtot, Fl.A. EAST ZONE, '83/"90.
lHlS IS NOT A SURVEY
EY C. COONER AND ASSOCI A TES, INC.
SURVEYING AND MAPPING
3900 COLONiAl BL'v'O., SUITE 4, fORT MYERS, flORIDA 33912
PHONE: (239)277-0722 fAX: (239)2n-7179 EMAlL: SURVEYlNGOCOONER.COM
CUENT: GREELEY AND HANSEN, LlC DRAWN BY: OKT CHECKED BY: ....W
PARCEL DESCRlpnON: DATE: OJ/09/05 SCALE: '--20'
TEMP. CONSTRUCTION EAsatENT lR...CT
-G-19-. CEDAR H.......OCK; SEC. 3-50-26 PRo.ECT No: 030705W.A
REV:
OWG No:OJ0705WA-ESM SHEET: 1 OF 1
EXHIBIT A..
Page-KLof~
Agenda Item No. lOB
September 13, 2005
7 J;a~el ~ of 64
PROJECT 70/5;:1.
PARCEL ~ . T
FOlIO 6/)?~ooo7~:2 ~
TEMPORARY CONSTRUCTION
EASEMENT (DURATION: 3 YEARS
FROM COMMENCEMENT OF
CONSTRUCTION)
SKETCH AND DESCRIPTION OF A
TEMPORARY CONSTRUCTION EASEMENT (B.T)
lYING IN TRACT RW3. NAPLES HERITAGE GOLF & COUNTRY CLUB PHASE ONE
A SUBDIVISION PER PLAT BOOK 26, PAGE 73
SECTION 10. TOWNSHIP 50 S, RANGE 26 E
COLLIER COUNTY, FLORIDA
PROPOSED TEMPORARY
CONSTRUCTION EASEME~
N88'56'25"E
N LINE NAPLES HERITAGE 12.00'
c!c N LINE SECTION 10
P.O.B.
;"
~~
Ol
U
l-
U
<(
PROPOSED TEMPORARY /:!:
CONSTRUCTION EASEMENT
-----
~ ~
~ ~. ~
b~~~iil
1O~/:!:~8
8 III
Z
/.
12.00'
KEY:
C.R.-COUNTY ROAD
C.C.C.B.E.-COLLlER COUNTY CONSERVATION
BUFFER EASEMENT
F.P.c!cL.-FLORIDA POWER c!c LIGHT CO.
R/W - RIGHT-OF-WAY
O.R. - OFFICIAL RECORDS BOOK/PAGE
P.D.B.-POINT OF BEGINNING
P.D.C.-POINT OF COMMENCEMENT
ND.-NUMBER
- - -
10' C.C.C.B.E. iO
PER PLAT ~ Ol
~ ~\ Ii
(,)
~ I w
l- Ol . Z
U ~ 0 ::;
c( . 0
/:!: CD . ~
1O N
CD ~
~ a::
~
FOLIO NO.:
61850007328
DESCRIPTION OF A 12-FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT LYING IN TRACT RW3 OF NAPLES
HERITAGE GOLF AND COUNTRY CLUB PHASE ONE AS RECORDED IN PLAT BOOK 26, PAGE 73; SECTION 10,
TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY. FLORIDA:
BEGIN AT THE INTERSECTION OF THE NORTH LINE OF SAID SUBDIVISION AND THE WESTERLY RIGHT-OF-WAY
LINE OF COUNTY ROAD 951; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 951
SOO"50'44"W. A DISTANCE OF 49.96 FEET; THENCE RUN S88"56"9"W. A DISTANCE OF 12.00 FEET TO THE
WEST LINE OF SAID TRACT; THENCE RUN ALONG SAID WEST LINE NOO'50'44"E, A DISTANCE OF 49.96 FEET
TO THE NORTH LINE OF SAID SUBDIVISION; THENCE RUN ALONG SAID NORTH LINE N88"56'2S"E. A DISTANCE
OF 12.00 FEET TO SAID WESTERLY LINE AND THE POINT OF BEGINNING.
CONTAINING 598 SQUARE FEET OR 0.01 ACRES. MORE OR LESS.
7X2J
--~~~---------------
DARREN TOWNSEND (FOR THE FIRM LB6773)
PROFESSIONAL SURVEYOR AND t.1APPER
FLORIDA UCENSE NO. LS 6:476
THIS ''l:1_:~ DAY OF _...:H,&IJr..---, 2005. THIS IS NOT A SURVEY
r,1~;~~(,:;" ".COONER & ASSOCIATES, INC.
oCrr: .' " . SURVEYING AND MAPPING
J:' : 1:. 567&.Z1P DRIVE. FORT MYERS, FLORIDA 33912
PHONE: (239)277-6722 FAX: (239)277-7179 EMAll: SURVEYlNGOCOONER.COM
CLIENT: GREElE'( ':ANDHANS(I!(,-LLC.: . DRAWN BY: DKT CHECKED BY: JNW
PARCEL DESCRlp;jlO,N:""'" " .... <' DATE: 03/09/05 SCALE; 1"-20' I REV: 4-27-0S
TEMP. CONSTRUC.TION, E'AIalENT"'XR'.1.CT
RW3, NAPLES HERI1~'Gt1 '~_'J~"'5.o.-26 PROJECT No: 03070SW.A OWG No:030705WA-ESM J SHEET: 1 OF 1
~
THE PARCEL BEARING. DISTANCES, AND AREAS
CALCULA TED ARE BASED ON A FIELD SURVEY.
BASIS OF BEARING: STATE PLANE COORDINATE
SYSTEM. FLA. EAST ZONE. '63(90.
/11~'c~~~ll'
EXHIBIT .lL
Page....1Lof ~ ___
Agenda Item r~o. 1 DB
September 13. 2005
7 Page 16 of 64
01(>1 t-
PROJECT 70/ ~;l.
PARCEl 7. r
FOLIO (,/f?~C)ot.> ~<i?:L ~
TEMPORARY CONSTRUCTION
EASEMENT (DURATION: 3 YEARS
FROM COMMENCEMENT OF
CONSTRUCTION)
SKETCH AND DESCRIPTION OF A
TEMPORARY CONSTRUCTION EASEMENT (7. T)
LYING IN TRACT C9, NAPLES HERITAGE GOLF & COUNTRY CLUB PHASE ONE
A SUBDI'v1SION PER PLAT BOOK 26, PAGE 73
SECTION 10. TOWNSHIP 50 S, RANGE 26 E
COLUER COUNTY, FLORIDA
N LINE NAPLES HERlT AGE
& N LINE SECTION 10
N88'S6'2S"E 100.00'
S88"S6'2S.W
P.O.B. 12.00'
NE CORNER
TRACT C9
P.O.C.
NE CORNER
TRACT M
10
01 >-t-
0; ",Z
..,. <....
",:I;
0....
!> 0..'"
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..,. J:!.... ;0
..,. z Ol
b 00
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0
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w
.
~ 10
b 01
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8 ..,.
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FOLIO NO.:
61850002828
N LINE
TRACT M
100.00'
588"S6'19.W
10' C.C.C.B.E.
PER PLAT
ID:
C.R.-COUNTY ROAD
C.C.C.B.E.-COLUER COUNTY CONSERVATION
BUFFER EASEMENT
F.P.&L.-FLORIDA POWER & LIGHT CO.
R/W - RIGHT-OF-WAY
O.R. - OFFICIAL RECORDS BOOK/PAGE
P.O.B.-POINT OF BEGINNING
P.O. C.-POINT OF COMMENCEMENT
NO.-NUMBER
::E
l-
t.>
<(
Cl::
I-
DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT LYING IN TRACT C9 Of NAPLES HERITAGE GOLF
AND COUNTRY CLUB PHASE ONE AS RECORDED IN PLAT BOOK 26, PAGE 73; SECTION 10, TOWNSHIP 50
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA:
COMMENCE AT THE INTERSECTION OF THE NORTH LINE OF SAID SUBDIVISION AND THE WESTERLY
RIGHT-OF-WAY LINE OF COUNTY ROAD 951; THENCE ALONG THE NORTH LINE OF SAID SUBDIVISION
S88'56'25"W, A DISTANCE OF 12.00 FEET TO THE NORTHEAST CORNER OF SAID TRACT AND THE POINT OF
BEGINNING; THENCE RUN SOO'SO'44"W, A DISTANCE OF 49.96 FEET ALONG THE EAST LINE OF SAID TRACT;
THENCE RUN S88'S6'19"W, A DISTANCE OF 100.00 FEET ALONG A LINE THAT RUNS TO THE NORTHEAST
CORNER OF TRACT M OF SAID SUBDIVISION AND CONTINUES ALONG THE NORTH LINE OF SAID TRACT 1.1;
THENCE RUN NOO'50'48"E, A DISTANCE OF 49.96 FEET TO THE NORTH LINE OF SAID SUBDIVISION; THENCE
RUN ALONG SAID NORTH LINE NBB"S6'2S"E, A DISTANCE OF 100.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 4,993 SQUARE FEET OR 0.11 ACRES. MORE OR LESS.
~
---~~----------------
tiQIE;
THE PARCEL BEARING. DISTANCES, AND AREAS
CALCULA TED ARE BASED ON A FIELD SURVEY.
DARREN TOVvNSEND (FOR THE FIRM LB6773) BASIS OF BEARING: STATE PLANE COORDINATE
PROFESSIONAL SURVEYOR AND MAPPER SYSTEM, FLA. EAST ZONE. '83/'90.
FLORIDA LICENSE NO. LS 6476
THIS n~ DAY OF -.~Uj.,_~ 2005. THIS IS NOT A SURVEY
.,,~:.~~~.~'2p.'J,;,;COONER & ASSOCIATES, INC.
.~'...4.'Si'" ~~~,.{:u," '/\. SURVEYING AND MAPPING
:),<;r!~V./.t. .......~. . :':'. .......5670 ZIP DRIVE. fORT MYERS. FLORIDA 33912
r'cfj: PHONfn239)~71-'0722 FAX: (239)277-7179 EMAIL; SURVEYlNGOCOONER.COM
CLlENT~ GRE::ELEY AND HANSEN,: LLC: DRAWN BY: OKT CHECKED BY: JNW
PARCEL. [)fSCRIPJl~_: - ':.^ - DATE: 03/09/05 SCALE: 1"-20' I REV: 4-27-05
TEMP. CONSlROCTIbN- EASEMEN't.':'1WICT
C9, NAPLE's.~nAG~~.SU:~ ~.?O-26 PROJECT No: 03070SW.A DWG NO:030705WA-ESM I SHEET; 1 OF 1
1",. .,.~_~. ..,"-
1"(' t.: r, "".f ~ ~; ~, ~ ~. '.
EXHIBIT ..1l..-
Page~~
Agenda Item No.1 DB
-fo9~~?i ~f~~
PROJECT '701 S.=2
PARCEL <:? T
FOLIO Oo'-/IOCo ~ 0007
TEMPORARY CONSTRUCTION
EASEMENT (DURATION: 3 YEARS.
FROM COMMENCEMENT OF ' ; ,
CONSTRUCTION) . .
SKETCH AND DESCRIPTION OF A
TEMPORARY CONSTRUCTION EASEJlENT (BoT)
IN THE NW 1/4 OF THE NW 1/4 OF SECllON 11, TO~SHIP 50 S,
RANGE 26 E, COWER COUNTY, FLORIDA
FOREST GlENN OF
NAPLES SUBDIVISION
PLAT BOOK 31, PAGE 94
N88'7' 440E NORTH UNE _ _
100.10' - SECl10N 11 J
30' RIGHT-OF-WAY FOR
ROADS, Ul1Ul1ES a: DRAINAGE
~ (" PER O.R. 306. p,,", 53'
---1 ~ _ P.O.B.
\
~
:.
. ,.,
~q
g~
II)
in
0>
Ii
U
HENDERSON CREEK
CANAL R/W (100')
FOUO NO.:
00410680007
:::
Ka:
C.R.-COUNTY ROAD
F.P.&L-FlORIDA PO~ a: UGHT CO.
R/W - RIGHT-OF-WAY
O.R. - OFfICIAL RECORDS BOOKIPAGE
P.O.B.-POINT OF BEGINNING
P.O.C.-POINT OF CONMENCElAENT
NO.-NUt.4BER
~
F
o
~
.....
Z
:J
~
DESCRIPTION OF A 1Et.4PORARY CONSlRUCl1ON EASEt.4ENT LYING IN THE NORTH'ltt:ST 1/4 OF THE NORTH'ltt:ST 1/4 OF
SECl10N 11, TOWNSHIP 50 SOUTH. RANGE 26 EAST. ca..uER COUNTY. FlORIDA:
COUt.4ENClNG AT THE NORTHWEST CORNER OF SAID SECTION 11. THENCE RUN NSS'7'440E, A DISTANCE OF 100.10
FEET ALONG THE NORTH UNE OF SAID SECTION TO THE EAST UNE OF THE HENDERSON CREEK CANAL
RIGHT-OF-WAY; THENCE RUN SOO"50'44"W. A DISTANCE OF 30.03 FEET ALONG SAID EAST UNE TO THE SOUTH UNE
OF A 3O-FooT RIGHT-OF-WAY FOR ROADS, UTIUTIES AND DRAINAGE PER OFFICIAL RECORD BOOK 306. PAGE 530
AND THE POINT OF BEGINNING; THENCE RUN N88'7'44"E, A DISTANCE OF 24.99 FEET ALONG SAID SOUTH UNE;
THENCE RUN SOO'SO'44"W. A DISTANCE OF 7.64 FEET; THENCE RUN S88"01'46"W, A DISTANCE OF 25.00 FEET TO
SAID EAST UNE; THENCE RUN Noo'SO'44"E, A DISTANCE OF 7.75 FEET ALONG SAID EAST UNE TO SAID SOUTH UNE
AND THE POINT OF BEGINNING.
~ \ . I r . ~ " " ,~ .
,ii("~" "ORE OR LfSS. \\'''lPARCD.'''''''G, OIST",=. "'0 AREAS
--M--:-:;:"f'----;...-,..-r--- CALCULATED ARE BASED ON A flEW SURVEY OF
~4lREN;:J_SENB (~. 'n:E FlRt.4 LB6773) SECllON 11. BASIS OF BEARING: STATE PLANE
:!:'~ SUI!:.VE1Dfl >>lP MAPPER COORDINATE SYSTEM. FLA. EAST ZONE, '83/90.
:;t.eRlI)A ~~SE NO.,U N:"m THIS IS NOT A SURVEY
~,~&AY OF ".' l:!'",uJ.l 2005.
~~~~./"~~~"';JE~Y Co COONER AND ASSOCIATES, INC.
'''''c,./I.C:>::~;"" ..... SURVEYING AND MAPPING
frrr,,,....." 3900 COLOIIIIAL BLVD., SUITE 4, FORT MYERS, FLORIDA 33912
PHONE: (239)277-0722 FAX: (239)277-7179 EMAll.: SURVEYlNGCCOONER.COM
CLIENT: GREELEY AND HANSDl. LLC DRA\WIl BY: DKT CHECKED BY: ....W
PARCEl DESCRIPllON: DATE: 03/09/05 SCALE: 1"-20' REV:
1Et.4P. CONSlRUCTlON EAsatENT IN THE
NW 1/4 OF THE NW 1/4 OF SEC 11-50-26 PRo.ECT No: 030705W.A DWG No:030705WA-ESM SHEET: 1 OF 1
TEMPORARY CONSTRUCTION
EASEMENT (DURATION: 3 YEARS
FROM COMMENCEMENT OF
CONSTRUCTION)
Agenda Item No. 10B
September 13. 2005
Page 18 of 64
7o/s-1 ,....
PROJECT 701 S-:2
PARCEL 9, T
FOLIO 004 ft>fo <g> Oot> 7
EXHIBIT L
Page...lLof 2.L
SKETCH AND DESCRIPTION OF A
TEMPORARY CONSTRUCTION EASEMENT (9.T)
IN THE NW 1/4 OF THE NW 1/4 OF SECTION 11, TOWNSHIP 50 S,
RANGE 26 E, COWER COUNTY, FlORIDA
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1oo:;C)' -
NORlH UNE
SECllON 11
100' R/W
~
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P.O.B.
I S9O'OO'OO"E
1&.1 25.00' 3k
.. . ~
~ ~ ~ 0
~~ ~jO
8 25.00' ~
Z N9O"OO'OO.W
FOlIO NO.:
00410680007
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bI
1&.1
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3k
KEY:
C.R.-COUNTY ROAD
F.P.&L-F1.ORIDA POWER '" UGHT CO.
R/W - RIGHT-OF-WAY
O.R. - OFFlClAL RECORDS BOOK/pAGE
P.O.B.-POINT OF BEGINNING
P.O.e.-POINT OF COMMENCEMENT
NO.-NUMBER
DESCRlP1l0N OF A TEMPORARY CONSlRUCllON EASEMENT LYING IN lHE NORlHWEST 1/4 OF lHE NORlHWEST 1/4 OF'
SECTION ", TOWNSHIP 50 SOUlH, RANGE 26 EAST, COLUER COUNTY, F1.ORIDA:
COMMENCING AT THE NORlHWEST CORNER OF SAID SECTION II, lHENCE RUN N88,,44"E. A DISTANCE OF' 100.10
FEET ALONG lHE NORlH UNE OF SAID SECTION TO lHE EAST UNE OF lHE HENDERSON CREEK CANAL
RIGHT-OF-WAY: lHENCE RUN SOO"50'44"W, A DISTANCE OF 842.26 FEET ALONG SAID EAST UNE TO lliE POINT OF
BEGINNING; THENCE RUN S90'OO'00.E. A DISTANCE OF 25.00 FEET; lHENCE RUN SOO"50'44.W, A DISTANCE OF 25.00
FEET; lHENCE RUN N90'00'00.W, A DISTANCE OF 25.00 FEET TO SAID EAST UNE; lHENCE RUN N00"50'44.E. A
DISTANCE OF 25.00 FEET ALONG SAID EAST UNE TO lHE POINT OF BEGINNING.
CONTAINING 625 SQUARE FEET OR 0.01 ACRES, MORE OR LESS.
. .
/;/JJ-&,,____ ~~ ~.~~AH~~~OF
. , - ES. mWNSEJrIO(T:O,R' 1;HE FIRM LB6n3) SECTION 11. BASIS OF BEARING: STATE PlANE
~OFESSl~AL SCiil~D MAPPER COORDINATE SYSTEM, Fl.A. EAST ZONE. '83/90.
~~JlCENSENQ,' L:S--6476
-, ~-bAY OF'". " J1tUJAJ. 2005. THIS IS NOT A SURVEY
-~r-;..~<:,"_"'.JEFP.REY C. COONER AND ASSOCIATES, INC.
..'-//;""" . .....- SURVEYING AND MAPPING
.:"':,... 3900 COlONIAL BLVD.. SUITE 4. FORT MYERS, FLORIDA 33912
PHONE: (239)277-0722 FAX: (239)277-7179 EUAlL: SURVEYlNGCCOONER.COM
CUENT: GREElEY AND HANSEN, LLC DRAWN BY: DKT CHECKED BY: JNW
PARCEL DESCRIPllON: DATE: 03/09/05 SCALE: 1"-.30' REV:
TEMP. CONSTRUCTION EASEMENT IN lliE
NW 1/4 OF lHE NW 1/4 OF SEC 11-50-26 PRO.ECT No: 030705W.A DWG No:030705WA-ESM SHEET: 1 OF 1
EXHIBIT JL
Page-1!L-of ~
Agenda Item NO.1 DB
September 13, 2005
P.illle 19 of 64
7 vi:' ( '1'-
PROJECT 7 DI ~ ;z.
PARCEL ;0. /
FOLIO 004// ~JfC>O(:;'-I
TEMPORARY CONSTRUCTION
EASEMENT (DURATION: 3 YEARS
FROM COMMENCEMENT OF
CONSTRUCTION)
SKETCH AND DESCRIPTION OF A
TEJlPORARY CONSTRUCTION EASEJlENT (to.T)
IN THE SW 1/4 OF lHE NW 1/4 OF SECTlON 11, TOWNSHIP 50 S,
RANGE 26 E, COWER COUNTY, FLORIDA
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NORTH UNE
SECllON 11
N88'7'404"E
100.10' -
100' R/W
;;;
~
...
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N UNE OF N 1/2 OF THE
N 1/2 OF THE
SW 1/4 OF THE
NW 1/4 OF SECllON 11
P.O.B.
J S90"00'00"E
~ 25.00' !k
~. '8~
. 8
~ iii iii ~
8 ... ...
z 25.00' ~
N90"00'oo"W
FOUO NO.:
00411640004
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~
C.R.-COUNTY ROAD
F.P.c!d...-R.ORIDA POWER a: UGHT CO.
R/W - RIGHT-OF-WAY
O.R. - OFFlClAl RECORDS BOOK/l"AGE
P.O.B.-POINT OF BEGINNING
P.O.C.-POINT OF COMMENCEMENT
NO.-NUMBER
DESCRiPtiON OF A TEMPORARY CONSlRUCllON EAsatENT LYING IN THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF
SECllON 1" TOWNSHIP 50 SOUTH, RANGE 26 EAST, COWER COUNTY, R.OR1DA:
w
Z
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!k
COMMENCING AT THE NORTHWEST CORNER OF SAID SECllON ", THENCE RUN N88'1T404-E, A DISTANCE OF 100.10
FEET ALONG THE NORTli UNE OF SAID SECllON TO THE EAST UNE OF THE HENDERSON CREEK CANAl
RIGHT-OF-WAY; THENCE RUN Soo"SO'4-4"W. A DISTANCE OF 1386.31 FEET AlONG SAID EAST UNE TO THE POINT OF
BEGINNING: THENCE RUN S90'OO'00-E, A DISTANCE OF 25.00 FEET; THENCE RUN SOO"50'4-4"W, A DISTANCE OF 25.00
FEET: THENCE RUN N90'00'oo"W, A DISTANCE OF 25.00 FEET TO SAID EAST UNE; THENCE RUN Noo"SO'4-4"E, A
DISTANCE OF 25.00 FEET ALONG SAID EAST UNE TO THE POINT OF BEGINNING.
CONTAINING S.2~"SQUARE FEET OR 0.01 ACRES, MORE OR LESS.
!ji~_- !:t~~~~~~*SDF
oil:$Elt f'~SENO ~.~ ARM LBSn3) SECllON 11. BASIS OF BEARING: STATE PLANE
~T:':~~~~ ~APPER COORDINATE SYSTEM. F1..A. EAST ZONE, '83i90.
r<:ll!: 'Ii'OAY 01:." /(: f/NrM. , 2005. THIS IS NOT A SURVEY
". .... ..... . ~ ~ ~~ '"
r_'<;~~J~ .' EY C. COONER AND ASSOCIATES, INC.
.",., SURVEYING AND MAPPING
3900 COlONIAL BL \ID., SUITE 4, FORT MYERS, flORIDA 33912
PHONE: (239)2n-0722 FAX: (239)2n-7179 EMAlL: SURVEYlNGOCOONER.COM
CLIENT: GREELEY AND HANSEN. u.c DRAWN BY: DKT CHECKED BY: JNW
PARCEL DESCRIPllON: DATE: 03/09/05 SCALE: '..30' REV:
TEMP. CONSlRUCllON EASEMENT IN THE
SW 1/4 OF THE NW 1/4 OF SEC 11-50-28 PRO.ECT No: 030705W.A DWG No:030705WA-ESU SHEET:' OF 1
EXHIBIT -1L
Page ---L5-ot...2.:L
Agenda Item NO.1 OB
Sep~~~~,2005
PROJECT "f~f~~64
PARCEL I/.r
FOLIO t,'??S-DOD 730 ~
TEMPORARY CONSTRUCTION
EASEMENT (DURATION: 3 YEARS
FROM COMMENCEMENT OF
CONSTRUCTION)
SKETCH AND DESCRIPTION OF A
TEMPORARY CONSTRUCTION EASEMENT (11. T)
LYING IN TRACT RW2, NAPLES HERITAGE GOLF &: COUNTRY CLUB PHAS ONE
A SUBDIVISION PER PLAT BOOK 26, PAGE 7.3
SECTION 10, TOWNSHIP 50 S, RANGE 26 E
COLUER COUNTY, FLORIDA
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0
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0 C
.0 10
;n 0
0
z
P.O.C.
589'59'1S"E
12.00'
TRACT GC6
!Sf1;
C.R.-COUNTY ROAD
F.P.&L.-FLORIDA POWER & LIGHT CO.
R/W - RIGHT-OF-WAY
O.R. - OFFICIAL RECORDS BOOK/PAGE
P.O.B.-POINT OF BEGINNING
P.O.C.-POINT OF COMMENCEMENT
NO.-NUMBER
TRACT R
NAPLES HERITAGE DRIV!:
N89"59'1S"W
12.00'
S LINE NAPLES HERITAGE
DFSCRIPllON OF A 12-FOOT WIDE TEMPORARY CONSTRUCllON EASEMENT L YlNG IN TRACT RW2 OF NAPLES
HERITAGE GOLF AND COUNTRY CLUB PHASE ONE AS RECORDED IN PLAT BOOK 26, PAGE 73; SECTION 10,
TOWNSHIP 50 SOUTH, RANGE 26 EAST, COlliER COUNTY, FLORIDA:
COMMENCE AT THE INTERSECllON OF THE SOUTH LINE OF SAID SUBDIVISION AND THE WEST RIGHT-OF-WAY
LINE OF COUNTY ROAD 951; THENCE ALONG SAID WEST RIGHT-OF-WAY LINE OF COUNTY ROAD 951.
NOO'SO'44"E, A DISTANCE OF S16.07 FEET TO THE POINT OF BEGINNING; THENCE RUN N89'S9'16"W, A
DISTANCE OF 12.00 FEET TO THE WEST LINE OF SAID TRACT; THENCE RUN ALONG SAID WEST LINE
NOO'SO'44"E, A DISTANCE OF 25.00 FEET; THENCE RUN 589'59'16"E, A DISTANCE OF 12.00 FEET TO SAID
WEST RIGHT-OF-WAY LINE; THENCE RUN SOO'SO'44"W, A DISTANCE OF 2S.00 FEET ALONG SAID WEST
RIGHT-OF-WAY LINE TO THE POINT OF BEGINNING.
CONTAINING 300 SQUARE FEET OR 0.01 ACRES, MORE OR LESS.
----~----
~
THE PARCEL BEARING, DISTANCES, AND AREAS
CALCULA TED ARE BASED ON A FIELD SURVEY.
DARREN TO\'iNSEND (FOR THE FIRM LB6773) BASIS OF BEARING; STATE PLANE COORDINATE
PROFESSIONAL SURV!:yoR,.AND MAPPER SYSTEM, FLA. EAST ZONE, '83/90.
~7:'~~~~~S~~R>~ 6476 , 200S. THIS IS NOT A SURVEY
I> ,_' , . r j, .
<:-,1 1,/.1.;"" '~.'('OONER & ASSOCIATES INC
(:q,~-; .~.'~.."!!' /' ":;" .-'...;..~ , .
.. "~ /"~"" ~"'.,~:. SURVEYING AND MAPPING
;r;' -/ ;.: -;- '. . "'. ,,~ 5070 ZIP DRIVE. FORT MYERS, FLORIDA 33912
~ PHONE; (239)i77-,0722 FAX: (239)277-7179 EMAll: SURVEYlNGOCOONER.COM
CUENr; GRE:~LEY-I,lr:nr:H1>.NSEri.!-l~ DRAWN BY: OKT CHECKED BY; JNW
PARCEL--.o-r5~lp..1't01~:' .," <~,~.::- DATE: 03/14/05 SCALE: 1"-20'
TEMP. COftS-mw.:"QN_EAsrMi;.~" ~iRACT
RW2. NAPLrS.H~~c,.JU-SO-26 PROJECT No: 030705W.A
REV: 4-27-0S
DWG No:030705WA-ESM
SHEET; 1 OF 1
:~!t?"f~':."'~~. ,
. ".'
EXHIBIT -1L
Page -11L-of..5..L
Agenda Item NO.1 OB
sePt~~
PROJECT iJ~17 4
PARCEl I ,;( , T
FOLIO OOJ.j/oI6oCOh
TEMPORARY CONSTRUCTION
EASEMENT (DURA TION: 3 YEARS
FROM COMMENCEMENT OF
CONSTRUCTION)
SKETCH AND DESCRIPTION OF A
TEMPORARY CONSTRUCTION EASEMENT (12.T)
THE NE 1/4 OF SECTION 10, TOWNSHIP 50 S, RANGE 26 E
COLLIER COUNTY, FLORIDA
S LINE NAPLES HERITAGE P.O.C.
GOLF & COUNTY CLUB PHASE 1
(PLA T BOOK 26.PAGE 73)
S00"50' 44"W -- i'
5.06'
S89'59'32'E 35.00' P.O,B. I~
J.
w ~
. .
. 8 8 .
. .
b b
FOLIO NO.: 10 It'i It'i 10
8 N N ~
00410160006 z
lli:
C.R.-COUNTY ROAD
F.P.&L.-FLORIDA POWER & LIGHT CO.
R/W - RIGHT-OF-WAY
O.R. - OFFICIAL RECORDS BOOK/PAGE
P.O.B.-POINT OF BEGINNING
P.O.C.-POINT OF COMMENCEMENT
NO.-NUMBER
35.00'
N89'59'32'W
iii
CJ)
ti
cJ
'"
Z
::J
~
0::
~
DESCRIPTION OF A TEMPORARY CONSTRUCTION EASElolENT LYING IN lHE NE 1/4 OF SECTION 10, TOWNSHIP
50 SOUlH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA:
COMMENCE AT lHE INTERSECTION OF lHE SOUTH LINE OF NAPLES HERITAGE GOLF ANO COUNTY CLUB
PHASE ONE, A SUBDIVISION AS RECORDED IN PLAT BOOK 26, PAGE 73 AND THE WESTERLY RIGHT-OF-WAY
LINE OF COUNTY ROAD 951= lHENCE ALONG SAID Yof:STERLY LINE, SOO'50'44"W, A DISTANCE OF 5.06 FEET
TO THE POINT OF BEGINNING; lHENCE CONTINUING ALONG S,6JD WESTERLY LINE RUN SOO'50'44"W, A
DISTANCE OF 25.00 FEET: THENCE RUN N89'59'32"W, A DISTANCE OF 35.00 FEET; lHENCE RUN NOO'SO'
44"E, A DISTANCE OF 25.00 FEET; lHENCE RUN S89'59'32"E, A DISTANCE OF 35.00 FEET TO SAID
WESTERLY LINE AND lHE POINT OF BEGINNING.
CONTAINING 875 SQUARE FEET OR 0.02 ACRES, lolORE OR LESS.
----~~-----
liQIt;
lHE PARCEL BEARING, DISTANCES, AND AREAS
CALCULA TED ARE BASED ON A FIELD SURVEY.
DARREN TOWNSEND (FOR THE FIRM LB6773) BASIS OF BEARING: STATE PLANE COORDINATE
PROFESSIONAL SU~VEYOI3 AND MAPPER SYSTElol, FLA. EAST ZONE, '83(90.
FLORIDALlCENSEj'NQ. LS .6476
lHlS ll:!!: DAV: 9F\ f:?'. ~li~____ 2005. THIS IS NOT A SURVEY
"~41;" > . t' ',' '~: ..'GOONER & ASSOCIATES, INC.
. ," : ,. ~, . " .~ SURVEYING AND MAPPING
. : 5670 ZIP DRIVE, FORT MYERS, FLORIDA 33912
; '. PHQN.;:. (~39)~;77-0722 FAX: (239)277-7179 EMAIL: SURVEYlNGOCOONER.COM
CLIENT: GRfi~~Y I'bIO'"I'tAlIIS~,.t;lQ' DRAWN BY: DKT CHECKED BY: JNW
PARCEL IJtSCRlF''fIOIlI:..'''. ..y ,~' DATE: 03/14/05 SCALE: 1"-10'IREv: 4-27-05
TEMP. cONs1'Ryc1f~tNl"
IN NE 1/4 OF WJ,;i.6~.l$~~ PROJECT No: 030705W.A DWG NO:OJ0705WA-ESM I SHEET: 1 OF 1
EXHIBIT-L
Page...r:Lof ~
Agenda Item No 108
Se't"O'1)b~ 13 W05
PROJEC 'l"crrJe'22 ~f64
T 7D/~~
PARCEL 1 3, T
FOLIO 60'-11 C> 7 ~ 000 <6
TEMPORARY CONSTRUCTION
EASEMENT (DURA nON: 3 YEARS
FROM COMMENCEMENT OF
CONSTRUCTION)
SKETCH AND DESCRIPTION OF A
TEMPORARY CONSTRUCTION EASEMENT (13.T)
IN THE NW 1/4 OF THE SW 1/4 OF SECllON 11, TOWNSHIP 50 S,
RANGE 26 E, COWER COUNTY, FLORIDA
100' R/W
FOUO NO.:
00410760008
iii
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z 11.I0
0 Ir_
1= 0'"-'
0 ~~
IX IIlIr
11.I ffi~
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S9O"OO'oo"E
11.I 25 00' ~
i. . . i
. 8 8 e
~ ,,; ,,; to
8N Ns;!
z 25.00' CiS
;\ S90'OO'OO"W
'-P.O.B.
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~ g
~ ::i
8 ~
z
<Vii~N~ OF S UNE SECllON 11 "i>
.- N8T25'49"E L1oo.,8' ~ -~ --
-- '-i
KEY:
F.P.&L-FlORIOA POWER '" UGHT CO.
R/W - RIGHT-OF-WAY
P.O.B.-POINT OF BEGINNING
P.O.C.-POINT OF COMMENCEMENT
NO.-NUMBER
DESCRIPllON OF A 'TEMPORARY CONSTRUCllON EASEMENT LYING IN lHE NORlHWEST 1/4 OF lHE SOUlHWEST 1/4 OF
SECllON 1" TOWNSHIP 50 SOUlH, RANGE 26 EAST. COWER COUNTY, flORIDA:
COMMENCING AT lHE SOUlHWEST CORNER OF SAID SECllON ", lHENCE RUN N8T25'49"E, A DISTANCE OF 100.18
FEET AlONG lHE SOUlH UNE OF SAID SECllON TO lHE EAST UNE OF lHE HENDERSON CREEl( CANAL
RIGHT-OF-WAY; lHENCE RUN Noo'SO'"",,"E, A DISTANCE OF 2637.09 FEET AlONG SAID EAST UNE TO 'THE POINT OF
BEGINNING; lHENCE CONllNUE AlONG SAID EAST UNE Noo-SO'''''''"E, A DISTANCE OF 25.00 FEET; lHENCE RUN S90'OO
'OO"E, A DISTANCE OF 25.00 FEET; lHENCE RUN SOO'SO'''''''"W, A DISTANCE OF 25.00 FEET; lHENCE RUN 590'00'00.
W, A DISTANCE OF 25.00 FEET TO SAID EAST UNE AND 'THE POINT OF BEGINNING.
CONTAINING 625 SQUARE FEET OR 0.01 ACRES, MORE OR LESS.
..<:: .{--./? /
: i~.~~~~------
':'bAR~' TOWN5END:~OR.. lHE FlRM LB6n3)
'l='ROFtSSlONAl SUR'VEYORAND MAPPER
~ ~~'~~~SEofO; rB> 6A~~~ 2005.
'.. ". /. ..
!:iQIE;
'THE PARCEl BEARING, DISTANCES, AND AREAS
CALCULATED ARE BASED ON A FlELD SURVEY OF
SECllON 11. BASIS OF BEARING: STAlE PLANE
COORDINATE SYSTEM, FLA. EAST ZONE, '83/90.
THIS IS NOT A SURVEY
-~< <~~:~"'JEFFREY C. COONER AND ASSOCIATES, INC.
"'< ...... SURVEYING AND t.AAPPING
"',u' 3900 COLONIAL BLVD., SUITE 4. FORT MYERS, FLORIDA 33912
PHONE: (2.39)277-0722 FAX: (239)277-7179 Et.AAlL: SURVEYlNGOCOONER.COt.f
CUENT: GREELEY AND HANSEN. LLC DRAWN BY: DKT CHECKED BY: J.N.W.
PARCEL DESCRIPllON: DATE: 3/10/05 SCALE: 1 "-JO' I REV:
UllUTY EASEMENT IN THE NW 1/4 I
OF lHE SW 1/4 OF SEC 11-50-26 PRo.ECT No: OJ0705W.A DWG No:030705WA-ESU SHEET: 1 OF 1
EXHIBIT JL
Page ~of..:5.::L
Agenda Item No. 1 DB
September 13, 2005
701 ~~e 9-of64
PROJECT 7 () ( s- =t
PARCEL 14, T
FOLIO oO'-(IOIt:,O~o'
TEMPORARY CONSTRUCTION
EASEMENT (DURATION: 3 YEARS
FROM COMMENCEMENT OF
CONSTRUCTION)
SKETCH AND DESCRIPTION OF A
TEMPORARY CONSTRUCTION EASEMENT (14.T)
THE NE 1/4 OF SE 1/4 OF SECTION 10, TOWNSHIP 50 S, RANGE 26 E
COLLIER COUNTY, FLORIDA
S LINE NAPLES HERITAGE
GOLF & COUNTY CLUB PHASE 1
(PLAT BOOK 26,PAGE 73)
P.O.C.
-
582"25'36"(
35.00'
r...
~
;;:j
...
-
<>~
...
...
b
Ltl
b
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If)
t~
~~
/.
- P.O.B.
FOLIO NO.:
00410160006
LLl
.
.,.
~ 8
8 ~
z
3=
.
8 .,.
... ;;;
b
lli 10 '"
N g Ii
III U
lli:
C.R.-COUNTY ROAD
R/W - RIGHT-OF-WAY
O.R. - OFFICIAL RECORDS BOOK/PAGE
P.O.B.-POINT OF BEGINNING
P.O.C.-POINT OF COMMENCEMENT
NO.-NUM8ER
UJ
z
::::J
~
......
a::
~
-~
I
DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT LYING IN THE NE 1/4 OF ll-IE SE 1/4 OF
SECTION 10. TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY. FLORIDA:
-
035.00'
N82"2S'o36"W
COMMENCE AT THE INTERSECTION OF THE SOUTH LINE OF NAPLES HERITAGE GOlF AND COUNTY CLUB
PHASE ONE, A SUBDIVISION AS RECORDED IN PLAT BOOK 26. PAGE 73 AND THE WESTERLY
RIGHT-Of-WAY UNE OF COUNTY ROAD 951;THENCE ALONG SAID WESTERLY UNE, SOO.50.4....W. A
DISTANCE OF 1431.07 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WESTERLY
LINE RUN SOO"SO'44.W, A DISTANCE OF 25.00 FEET; THENCE RUN NB2'25'36"W. A DISTANCE OF 35.00
FEET; THENCE RUN NOO'SO'44"E. A DISTANCE OF 25.00 FEET: THENCE RUN S82'25'36.E, A DISTANCE OF
35.00 FEET TO SAID WESTERLY LINE AND ll-IE POINT OF BEGINNING,
CONTAINING 869 SQUARE FEET OR 0,02 ACRES, MORE OR LESS.
---ZX2l------
DARREN TOWNSEND (FOR.)'H[ FIRM LB6773)
PROFESSIONAL. SU.. ~.~~~ AND. MA.P. PER
FLORIDA ~ICENSE, ;r,lp~: ~~~~~,'
THIS ~ DAY 'Cl~, .' _ 2005.
, . ;., ," i ..'1,
EXHIBIT .1L
Page-.fLot ~
Agenda Item No. 108
Septe~5ii/20~
PROJECT Pa~f~E:i
PARCEL / ~ T
FOLIO 00"1// 7;(Oc;o S-
TEMPORARY CONSTRUCTION
EASEMEl'I'T (DURA TION: 3 YEARS
FROM COMMENCEMENT OF
CONSTRUCTION)
SKETCH AND DESCRIPTION OF A
TEMPORARY CONSTRUCTION EASEMENT (15.T)
IN THE SW 1/4 OF THE SW 1/4 OF SECTION 11, TOWNSHIP 50 S,
RANGE 26 E, COWER COUNTY, FLORIDA
100' R/W
FOUO NO.:
00411720005
S UNE Of THE N 1/2 Of
lllE N 1/2 Of lllE S 1/2 Of
lllE SW 1/4 OF lllE SW 1/4
(FRAC'TlONAL UNE)
w
~ b
b 0
!I'l Iri
8 N
Z
NS7"30'41"E
25.00' ~
g;
lrilll
N'
o
25.00' ~
SST30'4'"W
P.O.B.
on
0>
fi
d
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z
0
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en
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en 0::
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8 on
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P.O.C.
SW CORNER Of
SEC'TlON 11
[s UNE SEC'TlON 11
NS7"25'49"E 100.1S' I\,
--- ~
m:
f.P.&L-FLORIDA POWER &: UGHT CO.
R/W - RIGHT-Of-WAY
P.O.B.-POINT Of BEGINNING
P.O.C.-POINT Of COMMENCEMENT
NO.-NUMBER
.-
DESCRIPTION Of A TEMPORARY CONSlRUC'TlON EASEt.tENT L 'fING IN THE SOUlllWEST 1/4 OF THE SOUlHWEST
1/4 OF SECllON 11, TOWNSHIP 50 SOUlH, RANGE 26 EAST, COWER COUNTY, FLORIDA:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SEC'TlON 1" lHENCE RUN NB7"25'49"E, A DISTANCE OF
100.18 FEET ALONG lHE SOUTH UNE Of SAID SEC'TlON TO lHE EAST UNE OF lHE HENDERSON CREEK CANAL
RIGHT-Of-WAY: THENCE RUN NOO'SO'44"E, A DISTANCE OF 516.13 FEET ALONG SAID EAST UNE TO lHE
SOUTH UNE OF THE NORTH 1/2 Of lHE NORTH 1/2 OF THE SOUlH 1/2 OF lHE SOUTHWEST 1/4 OF lHE
SOUTHWEST 1/4 OF SAID SEC1l0N AND THE POINT OF BEGINNING; THENCE CON'TlNUE ALONG SAID EAST UNE
NOO'SO'44"E. A DISTANCE OF 25.00 FEET; THENCE RUN N87"30'41"E, A DISTANCE OF 25.00 FEET; THENCE RUN
SOO'SO'44..~ ,''' DISTANCE OF 25.00 FEET TO SAID SOUTH FRAC'TlONAL UNE; THENCE RUN SST30'41.W. A
DISTANCt't'lF 25.t>>~T ALONG SAID FRACllONAL LINE TO SAID EAST UNE AND THE POINT OF BEGINNING.
">~"'.'~." ,~,; _:.. ...... ;...~~!"....~.
.;i:~~iNG 625 ~ ' '":fEET OR 0.01 ACRES, MORE OR LESS.
~ ;.'; ~. '.0 .' ....:...... ('". n_ ~
_~..': ~. _ ~__....__-:"'___ THE PARCEL BEARING, DISTANCES. AND AREAS
- - CALCULATED ARE BASED ON A FJELD SURVEY OF
CiilRi2Eti fOWNSENo.,(f.Cl~ FJRM LB6713) SECllON 1,. BASIS OF BEARING: STATE PLANE
-:f'ROFEslONAL s~GR' ~D MAPPER COORDINATE SYSTEM, FLA. EAST ZONE, '83/90.
~oA;!DM~~~Qf~';~~~~U+-l , 2005. n.ns IS NOT A SURVEY
,., ~,'.'. r .'!.
.......,.cJ~ REY C. COONER AND ASSOCIATES, INC.
SURVEYING AND MAPPING
3900 COLONIAL BLVD., SUllE 4, FORT MYERS, FLORIDA 33912
PHONE: (239)277-0722 FAX: (239)277-7179 EI.4AIL: SURVEYlNGCCOONER.COM
CUENT: GREELEY AND HANSEN, Ll.C DRAWN BY; DKT CHECKED BY: J.N.W.
PARCEL DESCRIPTION: DATE: 3/10/05 SCALE: 1"-30'
UTlUTY EASEIAENT IN THE SW 1/4
Of THE SW 1 4 OF SEC 11-50-26 PROJECT No: 030705W.A DWG No:OJ0705WA-ESM SHEET: 1 OF 1
EXHIBIT ..iL
page..1e-of ~
Agenda Item No 1 DB
September 13, 2005
7 Page 25 of 64
OIt;'1 "to
PROJECT 7 0/ ~ 2-
PARCEL / b. T
FOLIO ;;7,"'/ ;?,36ool;.2 3
TEMPORARY CONSTRUCTION
EASEMENT (DURA TION: 3 YEARS
FROM COMMENCEMENT OF
CONSTRUCTION)
SKETCH AND DESCRIPTION OF A
TEJlPORARY CONSTRUCTION EASEJlENT (16.T)
L VlNG IN TRACT "E", THE CLUB ESTATES A SUBDIVISION PER
PLAT BOOK 31, PAGE 78. SECllON 10, TOWNSHIP 50 S, RANGE 26 E
COWER COUNTY, FLORIDA
tmIE:
lHE PARCEl. BEARING, DISTANCES, AND AREAS
CALCULA lED ARE BASED ON A FIElD SURVEY.
BASIS OF BEARING: STATE PLANE COORDlNAlE
S'r"S1'EM, FLA. EAST ZONE. '83/90.
FOUO NO.:
26123000123
'P
15
~
. ~
!"I....
~~
~F=
t:~
~
~
t>
......
~
C.R.-COUNTY ROAD
R/W - RIGHT-OF-WAY
O.R. - OFflClAL RECORDS BOOK/pAGE
P.O.B.-POINT OF BEGINNING
P.O.C.-POINT OF COMMENCEMENT
NO.-NUMBER
DA-DELTA ANGLE
R-RADIUS
L-LENGlH
CB-CHORD BEARING
C-CHORD DISTANCE
....
: 8
~ ~
8
z
S UNE lHE ClUB ESTATES
""<.:: ." '?il:~" I, ~".'
""rZ2c2:'" ,,' ,::."..',
.' (1., ;;A' .
~~.: , " " :.' ._ I ..
..... , .' .
~--~-----~-~~--------
.iARR~ ::.roWNsa..D ,i~oft:. lHE FIRM LB6n3)
l"RGfE:S.StQNAL SUeVtY~ AND MAPPER
'fitoRI~'nCENSE N9; l.S 11476
-']HIS l:' DAY OF ~'.", , MEAl , 2005.
". .. .' ..,.;:il-
~
.
~
~
l!:
PROPOSED TE~PORARY
CONSTRUCTION EASE~ENT
DA-36"52'10.
R-50.oo'
L-32.17'
CB-S1T3S'23"E
C-31.62'
Ia.I
; :i
~ iii
8 "
z
b
"':
r::
589"59'11 t:
3l:
~
~
o
ClD
Ii
cJ
....
Z
::J
~
It:
3l:
25.00'
35.00'
N90"OO'oo.W
P.O.B.
....
0. :
CD
,..: ~
..,
I/') 8
z
P.O.C.
NOT VAUD WllHOUT
DESCRIPTION ON SHEET 2 OF 2
THIS IS NOT A SURVEY
'~",,:.::,~' JEFf REY C. COONER AND ASSOCIATES, INC.
, r P .. SURVE't'lNG AND MAPPING
3900 COLONIAL BLW., SUITE 4, FORT MYERS, FLORIDA 33912
PHONE: (239)2.77-0722 FAX: (2.39)2.77-7179 EMAlL: SURVEYlNGOCOONER.COM
WENT: GREELEY AND HANSEN, u.c DRAWN BY: DKT CHECKED BY: ....W
PARCEL DESCRIPllON: DATE: 03/14/05 SCALE: 1.-20' REV:
TENP. CONSTRUCTION EASEMENT IN TRACT
"E". lHE OMB ESTAlES SEC. 10-50-26 PRo.ECT No: 030705W.A DWG NO:030705WA-ESM SHEET:' OF 2
EXHIBIT ~
Page.2J.-of -5.:.!-
~ef7cl::i/I~1 r<to. 10B
P ROJE C l3e[)tp~ /14"" ~fi
C ~ge-2.f.i ot 64
PAR El II.. I
FOLIO 0< b 1;;'3 OO() 1;}.:3
TEMPORARY CONSTRUCTION
EASEMENT (DURATION: 3 YEARS
FROM COMMENCEMENT OF
CONSTRUCTION)
SKETCH AND DESCRIPTION OF A
TEMPORARY CONSTRUCTION EASEMENT (16.T)
LYING IN TRACT'r, THE CLUB ESTATES A SUBDIVISION PER
PLAT BOOK 31, PAGE 78, SECTlON 10, TOWNSHIP 50 S. RANGE 26 E
COLUER COUNTY. FLORIDA
DESCRIPllON Of' A 'TEMPORARY CONSlRUCllON EAsa.lENT LYING IN TRACT "E" Of' THE CLUB ESTAlES
SUBDIVISION AS RECORDED IN PLAT BOOK 31, PAGE 78; SECllON 10, TOYiNSHIP 50 SOUTH, RANGE 26
EAST, COWER COUNTY, FLORIDA:
COt.fMENCE AT THE INlERSECllON OF SOU'TH UNE OF SAID SUBDIVISION AND 'THE WESlERLY RIGHT-OF-WAY
UNE OF COUNTY ROAD 951: THENCE RUN Noo'SO',,"E. A DISTANCE OF 537.89 FEET ALONG SAID WESlERLY
UNE TO THE POINT OF BEGINNING; THENCE RUN N90'OO'00"W, A DISTANCE OF 35.00 FEET: THENCE RUN NO
0'50'''"E. A DISTANCE Of 25.00 FEET; THENCE RUN 589"59"'"E. A DISTANCE Of' 25.00 FEET; THENCE RUN
Noo'SO',,"E. A DISTANCE OF 76.&4 FEET TO 'THE NOR'TH UNE Of' SAID TRACT AND 'THE BEGINNING Of' A
CURVE CONCAVE SOU'THWESlERLY HAVING A DaTA ANGLE OF 36"52"0", A RADIUS Of' 50.00 FEET, A
CHORD BEARING Of' 51/35'23"E AND A CHORD DISTANCE Of' 31.62 FEET: THENCE AlONG THE ARC Of' SAID
CURVE TO THE RIGHT AND SAID NORTH UNE A DISTANCE Of 32.17 FEET TO SAID WESTERLY RIGHT-Of-WAY
UNE; THENCE AlONG SAID WESlERLY UNE SOO'SO'''"W, A DISTANCE Of' 71.70 FEET TO 'THE POINT Of'
BEGINNING.
CONTAINING 1,547 SQUARE FEET OR 0.04 ACRES. MORE OR LESS.
~T~~ ,wr;~T SKETCH'" SlGNAlURE THIS IS NOT A SURVEY
JEFFREY C. COONER AND ASSOCIATES, INC.
SURVEYING AND MAPPING
3900 COlONIAL BLVD., SUiTE.... FORT MYERS, FlORIDA 33912
PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL..: SURVEYlNGOCOONER.COM
ClIENT: GREElEY AND HANSEN, LLC DRAWN BY: DKT CHECKED BY: J.N.W.
PARCEL DESCRIPllON: DATE: 03/09/05 SCALE: N/A I REV:
'TEMP. CONSlRUCllON EASEMENT IN TRACT
"E". THE CLUB ESTAlES SEe. '0-50-26 PROJECT No: 030705W.A OWG No:030705WA-ESW I SHEET: 2 OF 2
EXHIBIT A
page~'3.1:
Agenda Item No. 10B
sept"c&~ ;~~
PROJECT 701 ~.::1.
PARCEL / 7. T
FOLIO ;;l. bl,230000 .;2.'
TEMPORARY CONSTRUCTION
.EASEMEN1,' (DURATION: 3 YEARS
.' .' FROM;COMMENCEMENT OF
. CONSTRUCTION)
SKETCH AND DESCRIPTION OF A
TEJlPORARY CONSTRUCTION EASEJlENT (17.T)
LYING IN lRACT -A-, THE CLUB ESTATES A SUBDIVISION PER
PLAT BOOK 31, PAGE 78, SECllON 10, TOWNSHIP 50 S, RANGE 26 E
COWER COUNTY, FLORIDA
KEY:
C.R.-COUNTY ROAD
R/W - RIGHT-OF-WAY
O.R. - OFFlClAL RECORDS BOOK/pAGE
P.O.B.-POINT Of' BEGINNING
P.O.C.-POINT Of' COMt.tENCEMENT
NO.-NUMBER
DA-DELTA ANGLE
R-RADIUS
L-LENGlH
CB-OiORD BEARING
C-OiORD DISTANCE
tIQIE:
THE PARCEl.. BEARING,
DISTANCES, AND AREAS
CALCULATED ARE BASED ON A
RElD SURVEY. BASIS Of'
BEARING: STAlE PLANE
COORDINATE SYSTEM, FLA. EAST
ZONE, '83/90.
Z
R g...-..
~<tz
I->w
uf5i3
<V1t1l
g:~~
~
PROPOSED TE~POR"'RY
CONSTRUCllON E"'SE~ENT
DA-38'52'07"
R-SO.OO'
L-J2.17'
CB-N111'6'SO"E
CaJ1.62'
FOUO NO.:
26123000026
Ul
. ~
.;<~~
I-Ul_
(J1IJa:
~lIlo
l!'d
~
.
:
~ 10
01
g Ii
d
IIJ
Z
::J
~
a:
~
DA-36'52'10.
R-SO.OO'
L-J2.17'
CB-N1 TJ5'2J.W
C-31.62'
>-1-
5 ~ffi
. 1=...... 25~
Ru.J<~ o..(/)
>w ::l<
1-a:::lE ~w
~ IX IX ot5
g:5~ lXG
~_ ~ii1
- 01-
0:'"
n.t5
u
0.
I/)
oi
o
lD
~Ir~t,l'.' .
,~)1 PI,
,.t~ _, ~
,.' ,'.
.' .
~;1~ _~'. ~~~___
3bAJuiEiCToWNSEND t~ :D-tE FlRt.t LB6n3) NOT VALlO W1lHOUT
3>~AL suR'lE;rQR. AND MAPPER DESCRIPllON ON SHEET 2 OF 2
~~'ir~SEot~tt 2005. THIS IS NOT A SURVEY
~~~~",:~~~~;:JE,... EY C. COONER AND ASSOCIATES, INC.
',....."'..,.... SURVE~NG AND MAPPING
3900 COLONIAL BLVD., SUITE 4, FORT M'l'ERS, FLORIDA 33912
PHONE: (239)277-0722 FAX: (239)2n-7179 EMAlL: SURVE~NGOCOONER.COM
CLIENT: GREELEY AND HANSEN, UC DRAWN BY: DKT CHECKED BY: ....W
PARCEL DESCRIPllON: DAlE: 03/14/05 SCALE: 1-.20' REV:
TEMP. CONSlTWC11ON EASEt.tENT IN lRACT
-A-. lHE a.uB ESTATES SEC. 10-50-26 PRo.ECT No: 030705W.A DWG No:0J07115WA-ESM SHEET: 1 OF 2
S UNE 'THE CLUB ESTATES
P.O.C.
EXHIBIT ..iL
Page-2.Lot .5L
Aaenda Item NO.1 08
September 13, 2005
PROJECT 78=yd~ 0;&7.::>15;(
PARCEL 17, T
F OU 0 ,;z b I :<3 ac:oo c:< '=>
TEMPORARY CONSTRUCTION
EASEMENT (DURATION: 3 YEARS
FROM COMMENCEMENT OF
CONSTRUCTION)
SKETCH AND DESCRIPTION OF A
TEJlPORARY CONSTRUCTION EASEJlENT (17.T)
LYING IN TRACT -A-, THE CLUB ESTATES A SUBDIVISION PER
PLAT BOOK 31, PAGE 78, SECTION 10, TOWNSHIP 50 S, RANGE 26 E
COWER COUNTY, FLORIDA
DESCRIPTION OF A 10-FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT LYING IN TRACT -A" Of T1iE CLUB
ESTATES SUBDIVISION AS RECORDED IN PlAT BOOK 31, PAGE 78; SECTION 10, TOWNSHIP 50 SOUTli, RANGE
26 EAST, COWER COUNTY, FlORIDA:
COMMENCE AT INTERSECTION OF THE SOUTli UNE Of SAID SUBDIVISION AND T1iE WESTERLY RIGHT-Of-WAY
UNE OF COUNTY ROAD 951; T1iENCE RUN Nocr5O'.....-E. A DISTANCE Of 609.59 FEET ALONG SAID WESTERLY
UNE TO T1iE SOUTli UNE OF SAID TRACT AND T1iE POINT Of BEGINNING; SAID POINT ALSO BEING T1iE
BEGINNING OF A CURVE CONCAVE SOUTliWESTERL Y HAVING A DElTA ANGLE Of 36"52'10-, A RADIUS OF
50.00 FEET. A CHORD BEARING Of N17"35'23"W AND A CHORD DISTANCE OF 31.62 FEET; T1iENCE ALONG
T1iE ARC OF SAID CURVE TO T1iE LEFT AND SAID SOUTH UNE A DISTANCE OF 32.17 FEET; T1iENCE RUN N
00"50''''''"E. A DISTANCE OF 140.00 FEET TO THE NORTIi UNE OF SAID lRACT AND T1iE BEGINNING Of A
CURVE CONCAVE NORTliWESTERLY HAVING A DElTA ANGLE Of 36"52'OT, A RADIUS Of 50.00 FEET, A
CHORD BEARING Of N19'6'50"E AND A CHORD DISTANCE OF 31.62 FEET; T1iENCE ALONG THE ARC Of SAID
CURVE TO T1iE LEFT AND SAID NORTIi UNE A DISTANCE OF 32.17 FEET TO SAID WESTERLY RIGHT-Of-WAY
UNE; T1iENCE ALONG SAID WESTERLY UNE SOO"50''''''"W, A DISTANCE Of 200.00 FEET TO T1iE POINT OF
BEGINNING.
CONTAINING 1,591 SQUARE FEET OR 0.04 ACRES, MORE OR LESS.
~Td;~~ 1W1;~T SKETCH a: SIGNATURE lHlS IS NOT A SURVEY
JEFFREY C. COONER AND ASSOCIATES, INC.
SURVEYING AND MAPPING
3900 COLONiAl BL W., SUITE 4, FORT MYERS. flORIDA 33912
PHONE: (239)277-0722 FAX: (239)277-7179 EMAlL: SURVEYlNGCCOONER.COM
CUENT: GREELEY AND HANSEN, LLC DRAWN BY: DKT CHECKED BY: J.N.W.
PARCEL DESCRIP11ON: DATE: 03/09/05 SCALE: N/A REV:
TEMP. CONSTRUCTION EASEMENT IN TRACT
-A-, T1iE CLUB ESTATES SEC. 10-50-26 PROJECT No: 030705W.A DWG NO:030705WA-ESIol SHEET: 2 OF 2
EXHIBIT .JL
Page~..s.:L-
TEMPORARY CONSTRUCTION
EASEMENT (DURATION: 3 YEARS
FROM COMMENCEMENT OF
CONSTRUCTION)
Agenda Item No, 10B
Se~tSrr It 3,Q005
PROJECT ~~ ~~64
PARCEL I q, T
FOLIO Ulb/jZ3t)oo(i'(
SKETCH AND DESCRIPTION OF A
TEJlPORARY CONSTRUCTION EASEJlENT (18.T)
LYING IN lRACT -H-, THE CLUB ESTAlES A SUBDIVISION PER
PLAT BOOK 31, PAGE 78, SECTION 10, TOWNSHIP 50 S, RANGE 26 E
COWER COUNTY, FLORIDA
"",'::~;~"......<~ r.
..",:,;,. .' ~ '.' /.
1'0 ." ~~ .' " .. 6
, :4- --- · --------
~.~RllD.l TOVlNSEiC)'.(FOR. THE FIRM LBsn3)
~: ~Of!E'SSlONA1:.,-:SUR~OR AND MAPPER
:: 1'L00000J..JCEm;E ito .LS;.S~76.
~.~IS:'~ DAY Of" '/ r.M<</4 2005. THIS IS NOT A SURVEY
~ -:~~~'i>.....,.JE ,,' :.' EY C. COONER AND ASSOCIATES, INC.
"..'>_ ~: ....... SURVEYING AND MAPPING
'f..,..,........... 3900 COLONIAL BLVD., SUITE 4, FORT MYERS. FLORIDA 33912
PHONE: (239)277-0722 FAX: (239)271-7179 EMAlL.: SURVEYlNGOCOONER.COM
CUENT: GREELEY AND HANSEN, LLC DRAWN BY: OKT CHECKED BY: ~W
PARCEL DESCRIPTION: DATE: 03/1~/05 SCALE: 1"-20'
lEMP. CONSlRUCllON EASEMENT IN 'lRACT
"H", THE CLUB ESTATES SEe. 10-50-26 PRO.ECT No: 030705W.A
~
ffi
~
~~
t;!
<1=
I!:~
~
~
u
.....,
wm;;
THE PARCEL. BEARING, DISTANCES. AND AREAS
CALCUlA lED ARE BASED ON A FIELD SURVEY.
BASIS OF BEARING: STATE PLANE COORDINATE
SYSlDA, FtA. EAST ZONE. '83(90.
~
C.R.-COUNTY ROAD
R/W - RIGHT-Of-WAY
O.R. - OFflClAL RECORDS SOOK/PAGE
P.O.S.-POINT OF BEGINNING
P.O.C.-POINT OF COMMENCEMENT
ND.-NUMBER
DA-DRTA ANGLE
R-RADIUS
L -LENGTH
CB-CHORD BEARING
C-CHORD DISTANCE
UI
"<I:::!
· ~!S!
t;13ii:
<IDQ
I!: a
S UNE THE ClUB ESTATES
S1
iii
.- ;.,
01
! ~
~
~
III
; P.D.B.
~
z
III
~ ;
al ~
2 g
z
S89'2'24"E
10.00'
..co
~go
to~
<a~
I!:I&.~
in
01
Ii
U
III
Z
::J
~
II:
~
0...-36'52'07'"
R-SO.OO'
L-32.1r
CB-S19'6'SO"W
C-31.62'
PROPOSED TEMPORARY
CONSTRUCTION EASEMENT
P.O.e.
NOT VALID WITHOUT
DESCRIPllON ON SHEET 2 OF 2
DWG No:030705WA-ESM
EXHIBIT ~
Page 25-of....::w.-
Aaenda Item No. 10B
sePte~V~! 2piJ5
PROJECT a~ytt ~
PARCEL I t?, T
FOl IOi?? b I .z 3 OCl? I'?I
TEMPORARY CONSTRUCTION
EASEMENT (DURA TION: 3 YEARS
FROM COMMENCEMENT OF
CONSTRUCTION)
SKETCH .AND DESCRIPTION OF .A
TEMPORARY CONSTRUCTION EASEMENT (1B.T)
LYING IN TRACT -H-, THE CLUB ESTATES A SUBDIVISION PER
PLAT BOOK 31, PAGE 78, SECTION 10, TO\\t.ISHIP 50 S, RANGE 26 E
COWER COUNTY, FLORIDA
DESCRIPllON OF A 10-rOOT WIDE lEMPORARY CONS1RUCllON EASEMENT LYING IN lRACT "H- OF THE CLUB
ESTAtES SUBDIVISION AS RECORDED IN PLAT BOOK 31, PAGE 78; SECTION 10, TOWl'lSHIP 50 SOUTH, RANGE
26 EAST, COWER COUNTY, FLORIDA:
COMMENCE AT THE INTERSECllON OF THE SOUTH UNE OF SAID SUBDIVISION AND THE WESTERLY
RIGHT-OF-WAY UNE OF COUNTY ROAD 951; THENCE RUN NOO'SO'44"e:, A DISTANCE OF 809.59 FEET ALONG
SAID ~STERL Y UNE TO THE SOUTH UNE OF SAID TRACT AND THE POINT OF BEGINNING; SAID POINT ALSO
BEING THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY HAVING A DELTA ANGlE OF 36'S2'Or, A
RADIUS OF 50.00 FEET, A CHORD BEARING OF 519'6'5O"w AND A CHORD DISTANCE OF 31.62 FEET:
THENCE ALONG THE ARC OF SAID CURVE TO THE RIGHT AND SAID SOUTH UNE A DISTANCE OF 32.17 FEET;
THENCE RUN NOO'SO'44"e:, A DISTANCE OF 178.92 FEET; THENCE RUN S89'2'24"e:, A DISTANCE OF 10.00
FEET TO SAID ~STERLY RIGHT-OF-WAY UNE; THENCE ALONG SAID WESTERLY UNE SOO'SO'44"W, A
DISTANCE OF 148.93 FEET TO THE POINT OF BEGINNING.
CONTAINING 1,694 SQUARE FEET OR 0.04 ACRES, MORE OR LEss.
:T~g> lW1~O~T SKETCH &: S1GNAnJRE THIS IS NOT A SURVEY
JEFFREY C. COONER AND ASSOCIATES, INC.
SURVEYING AND MAPPING
3900 COLONIAL BLVD., SUITE 4, FORT MYERS, FLORIDA 33912
PHONE: (239)217-0722 FAX: (239)277-7179 EMAIL: SURvt:YlNGOCOONER.C0t.4
CLIENT: GREElEY AND HANSEN. LLC DRAWN BY: DKT CHECKED BY: J.N.W.
PARCEL DESCRIPTION: DATE: 03/09/05 SCALE: N/A I REV:
lEMP. CONSTRUCllON EASEMENT IN TRACT
"H". THE ClUB ESTAtES SEC. 10-50-26 PRO.ECT No: 030705W.A DWG NO:030705WA-ESM ISHEET: 2 OF 2
EXHIBIT Dr
Page..d.L.of 3!::
Agenda Item No, 10B
September 13, 2005
Page 31 of 64
7DIf:J1 t-
PROJECT 7 01 ~ ~
PARCEL / '1. r
FOLIO 00'1/ ~~ ~oool
TEMPORARY CONSTRUCTION
EASEMENT (DURATION: 3 YEARS
FROM COMMENCEMENT OF
. CONSTRUCTION)
SKETCH AND DESCRIPTION OF A
TEMPORARY CONSTRUCTION EASEMENT (19.T)
IN THE NW t/4 OF THE SW 1/4 OF SECTION 14, TOWNSHIP 50 S,
RANGE 26 E, COLLIER COUNTY, FLORIDA
NORTH LINE OF THE SW 1/4
if)
'"
r:i
cJ
100' R/W
P.O.B.
S901>O'oo"E
25.00' f:
o :
C!b
Il'l 11')
N b
25.00' ~
S90'00'00"W
FOUO NO.:
004t828000t
';!
w
.
.,.
b 0
Il'l 0
o iii
o N
Z
~~
l::l8
5~
z~
0.......
(J)a::
f5~
~~
:z:u
j'J in
.,. 0
.,. ci
~ 10
o N
o
Z
m:
F.P.&L.-FLORIDA POWER & LIGHT CO.
R/W - RIGHT-OF-WAY
P.D.B.-POINT OF BEGINNING
p.D.e.-POINT OF COMMENCEMENT
NO.-NUMBER
z
o
F
u
w
en
w
Z
::J
~
P.O.C.
SW CORNER OF
SECTION 14
NB7"3B'03"E
S LINE SECTION 14
100.16'
.....
DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT LYING IN THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 Of
SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST. COLLIER COUNTY. FLORIDA:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 14, THENCE RUN N87'38'03"E. A DISTANCE OF 100.16
FEET ALONG THE SOUTH LINE OF SAID SECTION TO THE EAST LINE OF THE HENDERSON CREEK CANAL
RIGHT-OF-WAY; THENCE RUN NOO'50'44"E. A DISTANCE OF 2610.0B FEET ALONG SAID EAST LINE TO THE POINT Of
BEGINNING; THENCE CONTINUE ALONG SAID EAST LINE NOO'SO'44"E. A DISTANCE OF 25.00 FEET; THENCE RUN 590'00
'OO"E, A DISTANCE OF 25.00 FEET; THENCE RUN SOO'50'44"W, A DISTANCE OF 25.00 FEET; THENCE RUN S90'OO'OO"
W, A DISTANCE OF 25.00 FEET TO SAID EAST LINE AND THE POINT OF BEGINNING.
CONTAINING 625 SQUARE FEET OR 0.01 ACRES. MORE OR LESS.
-~~~-----
tiQIE.;
THE PARCEL BEARING, DISTANCES, AND AREAS
CALCULA TED ARE BASED ON A FIELD SURVEY OF
DARREN TOWNSEND (FOR THE FIRM LB6773) SECTION 14. BASIS OF BEARING: STATE PLANE
PROFESSIONAL SURVEYO'R AND MAPPER R T YS FL Z 'B3/' 0
FLORIDAJlCENSE N.o,"\S6;4.76 COO DIN A E STEM, A. EAST ONE, 9 .
THIS ~ DAY,.pr,'~~/r;". 1~~ ' 2005. THIS IS NOT A SURVEY
./ J" jr', .'i~;;/:.:C{)ONER & ASSOCIATES, INC.
-I: ' ", ~" SURVEYING AND MAPPING
',' '5670 ZIP DRIVE, FORT MYERS, FLORIDA 33912
f'HONE: (239)277-0722 F....X: (239)277-7179 EMAll;SURVEYlNG@COONER.COM
CLIENT: G~EEtE'l' AND ,HAIIISEN, iLC; :- DRAWN BY: DKT CHECKED BY: J.N.W.
PARCEL DaiCAW"nOl'!: .,..' ~';:"':' DATE: 3/10/05 SCALE: '"-30'
UTILITY EASEth.tJiT'n.w i8(.,~ fA;~"
OF THE SW 1/4 'or;, ~C- 1.' ~6 PROJECT No: 03Q705W.A DWG No:030705WA-ESM SHEET: 1 OF 1
REV: 4-27-05
TEMPORARY CONSTRUCTION
EASEMENT (DURATION: 3 YEARS
FROM COMMENCEMENT OF
CONSTRUCTION)
PROJECT
PARCEL
FOLIO
Agenda Item No. 10B
September 13. 2005
Page 32 of 64
70t {)I r
7vt ~-~
:2.0,/
OOL.f/C,7P<.OcpD
EXHIBIT .flL.
Page-ZLof ~
SKETCH AND DESCRIPTION OF A
TEMPORARY CONSTRUCTION EASEMENT (20.T)
IN lHE SW 1/4 OF THE SW 1/4 OF SECTION 14, TOWNSHIP 50 S,
RANGE 26 E, COWER COUNTY, FlORIDA
100' R/W
in
0> :!
Ii z
c.S ~
u
l#
P.O.c.
SW CORNER
SEC'TlON 14
N8T38'03-E
100.16'
FOUO NO.:
m::-- 00416720000
II:: ~ S90'OO'00-E
u....
z~ i 25.00' ~
~~ .. :
ffi~ 1U8 ~~
c~ ~ ~ ('oj 0
~ u b 25.00' ~
jO
8 '- S90'OO'oo-W
z ~"
.., P.O.B.
S UNE SECllON 14 11...'. ~
.
....
z
:J
~
KEY:
C.R.-COUNTY ROAD
f.P.&l.-FLORIDA POWER '" UGHT CO.
R/W - RIGHT-OF-WAY
O.R. - OfFICIAl RECORDS SOOK/pAGE
P.O.S.-POINT OF BEGINNING
P.O.C.-POINT OF' COMMENCEMENT
NO.-NUMBER
J~
~~
J.
DESCRIP'TlON Of A TEMPORARY CONSlRUCllON EASEMENT LYING IN THE SOUTHWEST 1/4 Of Tl-lE SOUTHWEST 1/4 OF'
SECllON 14, TOWNSHIP 50 SOUTl-l. RANGE 26 EAST, COLUER COUNTY, FLORIDA:
COMMENCING AT Tl-lE SOUTl-lWEST CORNER OF' SAID SECllON 14. Tl-lENCE RUN N8T38'03-E. A DISTANCE OF' 100.16
FEET ALONG Tl-lE SOUTl-l UNE OF SAID SECllON TO Tl-lE EAST UNE OF Tl-lE HENDERSON CREEK CANAL
RIGHT-OF-WAY; Tl-lENCE RUN Noo'SO'+4"E, A DISTANCE OF 20.32 FEET ALONG SAID EAST UNE TO Tl-lE POINT Of
BEGINNING; Tl-lENCE CONllNUE ALONG SAID EAST UNE Noo'SO'+4-E. A DISTANCE OF' 25.00 FEET; Tl-lENCE RUN S90'OO
'oo-E. A DISTANCE OF' 25.00 FEET; Tl-lENCE RUN SOO"5O'+4-W, A DISTANCE OF 25.00 FEET: Tl-lENCE RUN S90'OO'00-
W, A DISTANCE Of 25.00 FEET TO SAID EAST UNE AND Tl-lE POINT OF BEGINNING.
CONTAINING ~25 SQUARE FEET OR 0.01 ACRES, MORE OR LEss.
'. "
, ;i1''rjj7jj;j
.--~--~-~-~-~~-----
;.::oiARRDt TOWNstNr)' (fOR ~Tl-lE FlRM LB6773)
- PR~ONAL suR~ AND t.tAPPER
- "~ORlQA..1JCENSE NO.,.;J;S 6476
- --o.I&--~ DAY OF:""" l1AuJ..l 2005.
6'< r .' '':/_"'-'.
HQlE:
Tl-lE PARCEL BEARING, DISTANCES, AND AREAS
CALCULA lED ARE BASED ON A FlELD SURVEY OF
SECllON 14. BASIS OF BEARING: STAlE PLANE
COORDINAlE SYS'TEM, FLA. EAST ZONE. '83i90.
nus IS NOT A SURVEY
-.......>.. . JEFFREY C. COONER AND ASSOCIATES, INC.
. . .. .. .. SURVEYING AND MAPPING
3900 COLONIAL BLVD., SUITE 4, FORT MYERS, FLORIDA 33912
PHONE: (239)277-0722 FAX: (239)2n-7179 EM All.: SURVEYlNGOCOONER.COM
WENT: GREELEY AND HANSEN, LLC DRAWN BY: DKT CHECKED BY: J.N.W.
PARCEL DESCRIPnON: DATE: 3/10/05 SCALE: 1--30' I REV:
'TEMP. CONSTRUCllON EASEMENT IN Tl-lE
SW 1/4 OF THE SW 1/4 Of SEC 14-50-26 PROJECT No: 030705W.A DWG NO:030705WA-ESM I SHEET: 1 OF 1
EXHIBIT A
Page...l1Lof 3!r.
Agenda Item No. 10B
Selltem~~ 13,2005
10 rage 3!t"of 64
PROJECT 70t S .:<.
PARCEL ;:z I, r
FOLIO 00 y ~ 3 'I tf~t)O 'I
TEMPORARY CONSTRUCTION
EASEMENT (DURA nON: 3 YEARS
FROM COMMENCEMENT OF
CONSTRUCTION)
SKETCH AND DESCRIPTION OF A
TEJlPORARY CONSTRUCTION EASEJlENT (21.T)
IN THE SW 1/4 OF THE NW 1/4 OF SECllON 23, TOYnllSH1P 50 S,
RANGE 26 E, COWER COUNTY, FLORIDA
N8T38'03"E NOR
100.16' 0. SECllON 23
CD
cO
100' R/W 8
N
~
:n ~
0> r:J~ ~
0: 5g 8
rJ O"l
N P.O.B. III
~ ~~ 589"09'16WE
F= I&l 25.00 ;r:
~ 15;! . .
: . . :
~~ b 8 8~
I&l ~u 10 ori .0
z o N N 8
:::J 0 FOUO NO.:
~ z 25.00' III 004.33440004
N89'OS'16WW
ISO:
C.R.-COUNTY RO~
F.P.&L.-FlORlDA POWER '" UGHT CO.
R/W - RIGHT-Of-WAY
O.R. - OFFICIAL RECORDS BOOKIPAGE
P.O.B.-POINT OF BEGINNING
P.O.C.-POINT Of' COMMENCEMENT
NO.-NUMBER
DF'SCRIPllON Of A TEMPORARY CONSTRUCllON EASEMENT LYING IN niE SOUniWEST 1/4 Of niE NORniWEST 1/4 Of
SECllON 23. TOWNSHIP so SOUTH, RANGE 26 EAST, COWER COUNTY, flORIDA:
COMMENCING AT THE NORTHWEST CORNER Of SAID SECllON 23, THENCE RUN N8T38'03we:, A DISTANCE OF 100.16
FEET ALONG THE NORTH UNE Of SAID SECTION TO THE EAST UNE Of THE HENDERSON CREEK CANAL
RIGHT-Of-WAY: THENCE RUN Soo-SO'44wW, A DISTANCE Of 2068.89 FEET ALONG SAID EAST UNE TO THE POINT Of
BEGINNING; THENCE RUN 589"09'16we:, A DISTANCE Of 25.00 FEET; THENCE RUN SOO"SO'44wW, A DISTANCE Of 25.00
FEET: THENCE RUN N89"09'16wW, A DISTANCE Of 25.00 FEET TO SAID EAST UNE: niENCE RUN Noo-SO'44wE, A
DISTANCE Of 25.00 FEET ALONG SAID EAST UNE TO THE POINT OF BEGINNING.
CONTAINING 625 SQUARE FEET OR 0.01 ACRES, MORE OR LESS.
"
:..... / " { ~..:.,
i >t~- ~P"CEL""- DISTANCES, AND"'"
: ...'_..__-- _......._'"'_______ CALCULA lED ARE BASED ON A AELD SURVEY Of
: ~~ TOWNSEND' CFORTHE ARM LB6n3) SECllON 23. BASIS Of BEARING: STA1E PLANE
=. ~~SIONAI.. SUR~ AND MAPPER COORDINA1E SYSTEM. Fl.A EAST ZONE, '83i90.
~ .~~~~SEOFNO~\ , 2005. lHlS IS NOT A SURVEY
"'--: "...-- REY C. COONER AND ASSOCIATES, INC.
.,..,..... SURVEYING AND MAPPING
3900 COLONIAL BL W., SUIT[ 4. FORT M'tERS, FLORIDA 33912
PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURVEYlNGOCOONER.COM
CUENT: GREELEY AND HANSEN. U.C DRA\\tII BY: DKT CHECKED BY: JNW
PARCEL DESCRIPllON: OAT[: 03/09/05 SCALE: 1w_.30' REV:
TEMP. CONSTRUCllON EASEMENT IN THE
SW 1/4 Of THE NW 1/4 OF SEC 23-50-26 PRO.ECT No: 0.30705W.A DWG No:0J0705W"-ESM SHEET: 1 OF 1
TEMPORARY CONSTRUCTION
EASEMENT (DURATION: 3 YEARS
FROM COMMENCEMENT OF
CONSTRUCTION)
Agenda Item No.1 DB
September 13, 2005
Page 34 of 64
7o/[)1 "I-
PROJECT tcn S-;2,.
PARCEL ;2 ~. T
FOLIO Doy 67r"iL{O/of&,
~~H~~ S~
SKETCH AND DESCRIPTION OF A
TEMPORARY CONSTRUCTION EASEJlENT (22.T)
IN THE NW 1/4 OF THE SW 1/4 OF SECTION 26, TOWNSHIP 50 S,
RANGE 26 E, COWER COUNTY, FLORIDA
P.O.C.
>r-NWCORNER
I SECTION 26
~
"IJ S89"37'29"E
.~
100.00'
<0
":
;:::
~
NORlli UNE
SECTION 26
"
~~
J,
100' R/W
iii
0>
Ii
U
<0
(>I
z
o
F=
u
bI
l&.I
Z
:J
~
:.t;.....
1:1"
lr~
u.......
~
~~
l'"
g
P.O.B. '- en
--..... 59O'OO'00.E
~ 25.00' 'f
; . .;
. g 8.
~ui ..;~
~ (>I 25.00' .... ~
59O'OO'oo.w
muo NO.:
00438440106
~~
lIIlr
IS.....
0<
ffi~
:I:U
m:
C.R.-COUNTY ROAD
F.P.&:l.-FlORIDA POWER &: UGHT CO.
R/W - RIGHT-OF-WAY
O.R. - OmClAL RECORDS BOOK/F'AGE
P.O.B.-POINT OF BEGINNING
P.O.C.-POINT OF COtolMENca.tENT
NO.-NUMBER
DESCRIPTION OF A TEMPORARY CONSlRUCTlON EASEMENT LYING IN THE NORTHWEST 1/4 OF THE SOUlliWEST 1/4 OF
SECTION 26, TOMolSHIP 50 SOUlli, RANGE 26 EAST, COWER COUNTY, FlORIDA:
COUMENClNG AT lHE NORTHWEST CORNER OF SAID SECTION 26, lHENCE RUN S89"37'29"E, A DISTANCE or 100.00
FEET ALONG THE NORlH UNE or SAID SECllON TO THE EAST UNE or THE HENDERSON CREEK CANAL
RIGHT-or-WAY; THENCE RUN SOO-SO'......."w, A DISTANCE OF 3371.76 FEET ALONG SAID EAST UHE TO THE POINT OF
BEGINNING; THENCE RUN S9O"OO'00.E, A DISTANCE OF 25.00 FEET; THENCE RUN SOO'SO''''''''.W, A DISTANCE OF 25.00
FEET; 'JloiENCE RUN S90"OO'OO.W. A DISTANCE or 25.00 FEET TO SAID EAST UNf; THENCE RUN NOO'SO''''''''.E, A
DISTANCE or 25.00 FEET ALONG SAID EAST UNE TO THE POINT OF BEGINNING.
CONTAINING 625 SQUARE FEET OR 0.01 ACRES, MORE OR LESS.
.?E!2;iv G,' '>
....:.' ,. ,.". I. '
. .'.,' /,., .... _,f ~
-" . ------~-----
~ 1'OWN~ (FOR.:.,THE ARM LB6773)
F'~ctFEssIoNAL Sl:IR\IEYOR AND MAPPER
F-,pm~)pCENSE NO. LS ;t76
__Tt!ft~'-~AY OF .' ,ciGcH 2005.
ttQIE;
THE PARCEL BEARING, DISTANCES, AND AREAS
CALCULATED ARE BASED ON A AElD SURVEY.
BASIS or BEARING: STAlE PlANE COOROlNAlE
SYSTELt, FlA. EAST ZONE, '83/90.
n.us IS NOT A SURVEY
-.."....:-.:..JEFf"REy C. COONER AND ASSOCIATES, INC.
-', -.. SURVEYING AND MAPPING
3900 COLONIAL BLVD.. SUITE 4, FORT MYERS, F1..ORIOA 33912
PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURVEYlNGOCOONER.COM
ClIENT: GREElEY AND HANSEN. LLC DRAWN BY: DKT CHECKED BY: ,J\lW
PARCEl DESCRIPnON: DA TE: 03/09/05 SCAlE: '.-JO' I REV:
TEMP. CONSTRUCTION EAsatENT IN 'JloiE
NW 1/4 OF lHE SW 1/4 OF SEC 26-50-26 PRo.ECT No: 030705W.A OWG No:030705WA-ESIiI ISHEET: 1 a:- 1
EXHIBIT~
Page ~of..;l:J...-
Agenda Item No. 10B
September 13, 2005
7 PS.Qe 35 of 64
015 I r-
PROJECT "7 t)/r:J...
PARCEL .:2 3, T
F OLl 0 5"5' '-I :z S- 0 c> 7:<. 5""')
TEMPORARY CONSTRUCTION
EASEMENT (DURATION: 3 YEARS
FROM COMMENCEMENT OF
CONSTRUCTION)
SKETCH AND DESCRIPTION OF A
TEMPORARY CONSTRUCTION EASEMENT {2S.T)
LYING IN TRACT 12, LEL Y RESORT PHASE ONE A SUBDIVISION PE
PLAT BOOK 16, PAGE 87, SEC1l0N 27, TOWNSHIP 50 S. RANGE 26 E
COLUER COUNTY, FLORIDA
GRAND LEL Y DRIVE
PER PLAT
wm.s;
1.THE PARCEL BEARING.
DISTANCES. AND AREAS
CALCULATED ARE BASED ON
A FIELD SURVEY. BASlS OF
BEARING: STATE PLANE
COORDINATE SYSTEM. FLA.
EAST ZONE. '83/,90.
2.LOCATION OF EASEMENT
REVISED ON 04/14/05.
P.O.C.
NE CORNER
TRACT 12 AT
W R/W C.R. 951
FOLIO NO.:
55425003255
l-
e.>
<
!:
t :.r~
"" ""
~:t
"" 15
8
(I)
, S90'00'00"E \, P.O.B.
j.oI 25.00' ~
"" . .""
"" 0 8 ""
b ~ iii ~
I ~ ('l 25.00' N ~
S90'00'OO.W
N
-
ill:
C.R.-COUNTY ROAD
R/W - RIGHT-OF-WAY
O.R. - OFFICIAL RECORDS BOOK/PAGE
P.O.B.-POINT OF BEGINNING
P.O.C.-POINT OF COMMENCEMENT
NO.-NUMBER
DA-DELTA ANGLE
R-RADIUS
L-LENGTH
CB-CHORD BEARING
C-CHORD DISTANCE
t~~ in
0>
o!
1Il.... U
....0.. W
!1t1- Z
uZ ::J
(I).... ~
o::E
, 3~ a:
llJ ~
1 ~ ~ll ~e t i t.~,{~r_-~_G',.~." ';;.
~6,;"!:,,~..,,,: "
.', Q"" . ......; ~.I'
:..,~. ,:.~)._#..... ,/~I'" ~_".;' 1',~, ~,,:-.
--..:..:,-. -~-- , "-.,;~:;..~---
'::~~Eflt1'OWNSEfllD Q:QR;:rns; FIRM LB6773) NOT VALID WITHOUT
~OfE~!;!NAL SU13VEY()R- AfW MAPPER DESCRIPTION ON SHEET 2 OF 2
P.'.;ORIDA:' UCENSE;NOt'j"S .E.4?'6
_~S".fHDAY OF/'.... .&~II.. 2005. THIS IS NOT A SURVEY
....,. ~,,;' __.~..--.<~.~j: COONER & ASSOCIATES, INC.
"r:i,~. . - Ii '.~\", SURVEYING AND MAPPING
""",,,,,,.,,.... 5670 ZIP DRIVE, FORT MYERS, FLORIDA 33905
PHONE: (239)277-0722 FAX: (239)277-7179 EM AIL: SURVEYlNGCCOONER.COt.A
CLIENT: GREELEY AND HANSEN. ll.C DRAVtN BY: DKT CHECKED BY: JNW
PARCEL DESCRIPTION: DATE: 03/14/05 SCALE: 1"-30' REV; 04/14/05
TEMP. CONSTRUCTION EASEMENT IN TRACT
12, LELY RESORT PHASE 1 SEC. 27-50-26 PROJECT No: 030705W.A DWG No:030705WA-ESM SHEET: 1 OF 2
EXHIBIT 4
Page...iLof 3!C
PROJECT
PARCEL
F OU 0
Agenda Item No. 108
September 13. 2005
Page 36 of 64
7olS-; f-
-'n/~~
TEMPORARY CONSTRUCTION
EASEMENT (DURA TION: 3 YEARS
FROM COMMENCEMENT OF
CONSTRUCTION)
,;; 3. T
6~ if .;z ~oo ] ;Z !ls-
SKETCH AND DESCRIPTION OF A
TEMPORARY CONSTRUCTION EASEMENT (23. T)
LYING IN TRACT 12, LEL Y RESORT PHASE ONE A SUBDIVISION PE~'
PLAT BOOK 16, PAGE 87, SECTION 27, TOWNSHIP 50 S, RANGE 26 E
COLUER COUNTY. FLORIDA
DESCRIPTION OF' A TEMPORARY CONSTRUCTION EASEMENT LYING IN TRACT 12 OF' LEL Y RESORT PHASE ONE
SUBDIVISION AS RECORDED IN PLAT BOOK 16. PAGE 87; SECTION 27, TOWNSHIP 50 SOUTH, RANGE 26
EAST. COLLIER COUNTY. F'LORIDA:
COMMENCE AT THE NORTHEAST CORNER SAID TRACT, SAID CORNER LYING ON THE WESTERLY
RIGHT-OF'-WAY LINE OF' COUNTY ROAD 951 AND SUBTENOING THE ARC OF' A CURVE CONCAVE TO THE
SOUTHWEST; THENCE RUN SOO'50'44"W, A DISTANCE OF' 448.44 FEET ALONG SAID WESTERLY LINE TO THE
POINT OF' BEGINNING; THENCE RUN SOO'SO'44"W. A DISTANCE OF' 25.00 F'EET; THENCE RUN S90'00'00.W. A
DISTANCE OF' 25.00 FEET; THENCE RUN NOO-SO'44"E, A DISTANCE OF' 25.00 FEET; THENCE RUN S90'00'OO.E
, A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 625 SQUARE FEET OR 0.01 ACRES. MORE OR LESS.
NOT VALID WITHOUT SKETCH & SIGNATURE
ON SHEET 1 OF' 2 THIS IS NOT A SURVEY
COONER & ASSOCIATES, INC.
SURVEYING AND MAPPING
5670 ZIP DRIVE, FORT MYERS, FLORIDA 33905
PHONE: (239)277-0722 FAX: (239)277-7179 EM All: SURVEYlNGOCOONER.COM
CUENT: GREELEY AND HANSEN, U.C DRAWN BY: DKT CHECKED BY; J.N.W.
PARCEL DESCRIPTION: DATE: 03/09/05 SCAlE: N/A REV: 04/14/05
TEMP. CONSTRUCTION EASEMENT IN TRACT
12. LEL Y RESORT PHASE 1 SEC. 27-50-26 PROJECT No: 030705W.A DWG NO:030705WA-ESM SHEET: 2 OF' 2
EXHIBIT .lL
P8g1~of~
Agenda Item No, 1 DB
September 13, 2005
701 s-f',Ilgp7 of 64
PROJECT 70 ( 6- ;;t
PARCEl ;Z Go. P
FOLIO OD 7 ;2 '-It:.Lf 000 S-
SKETCH AND DESCRIPTION OF A
PERJlANENT UTILITY EASEJlENT (26.P)
LYING IN SECTION 3. TOWNSHIP 51 S. RANGE 26 E .
COLLIER COUNTY, FLORIDA
1: tit,
">'4,1. o~>>
~I ;'''I~
~~ J"('~
(G:'s >--1'
'1l,~
)
P.O.B.
NW CORNER
PARCEL I
~
CI>
~.
".
~
--:5
f
~
,.y
~
0,
~.
".
~
--:5
~~
,.y
PARCEL I AS DESCRIBED IN
O.R. BOOK 3293, PG. 2886
FOUO NO.:
00724640005
NOT VALID Vo1THOUT
DESCRIP110N ON SHEET 2 OF 2
ID:
C.R.-COUNTY ROAD
F.P.&L.-FLORIDA POWER & LIGHT CO.
R/W - RIGHT-OF-WAY
O.R. - OFFICIAL RECORDS BOOl</PAGE
P.O.B.-POINT OF BEGINNING
U.S.-UNITED STAlES
NO.-NUMBER
~
THE PARCEL BEARING. DISTANCES, AND AREAS
CALCULA lED ARE BASED ON A FIELD SURVEY.
BASIS OF BEARING: STAlE PLANE COORDINATE
SYSIEM, FLA. EAST ZONE, '83(90.
". i~ir'~ii>"
PROJECT No: 030705W.A
DWG No:030705WA-ESU
REV: 4-27-05
SHEET: 1 OF 2
EXHIBIT .1L
Pag&~of~
Agenda Item No. 1 DB
September 13, 2005
Page 38 of 64
lOt ~/ t-
PROJECT 7 01 .;-~
PARCEL ;2 (" P
FOLIO 007 Ol. 'i ~ If "//0 ~
SKETCH AND DESCRIPTION OF A
PERJlANENT UTILITY EASEMENT (26.P)
LYING IN SECTION 3, TOWNSHIP 51 S. RANGE 26 E
COLUER COUNTY, FLORIDA
DESCRIPTION:
A PERMANENT UTILITY EASEMENT L YlNG IN SECTION 3, TO'M'lSHIP 51 SOUTH, RANGE 26 EAST, COlliER
COUNTY, FlORIDA BEING MORE P ARllCULARL Y DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER Of PARCEL I AS DESCRIBED IN OFFICIAL RECORD BOOK 3293,
PAGE 2886, SAID POINT LIES ON THE SOUTHEASTERLY RIGHT-Of-WAY LINE OF COUNTY ROAD 951;
THENCE ALONG THE NORTH LINE OF SAID PARCEL J S54"21'52"E, A DISTANCE OF 26.50 FEET; THENCE S
3S'3B'S9"W, A DISTANCE OF 343.24 FEET; THENCE SIB'S8'OB"E, A DISTANCE OF 51.87 FEET; THENCE S3S'
3B'OB"W. A DISTANCE OF 26.71 FEET TO THE NORTHEASTERLY RIGHT OF WAY LINE OF TAMIAMI TRAIL (U.S.
41); THENCE ALONG SAID NORTHEASTERLY RIGHT OF WAY LINE N54'2I'S2"W, A DISTANCE OF 10.18 FEET;
THENCE N24'21'35"W, A DISTANCE Of 69.99 FEET TO THE SOUTHEASTERLY RIGHT OF WAY LINE OF C.R.
9S1; THENCE ALONG SAID SOUTHEASTERLY RIGHT OF WAY LINE LINE N35'3B'S9"E, A DISTANCE OF 365.00
FEET TO THE POINT OF BEGINNING.
CONTAINING 12,104 SQUARE FEET OR 0.2B ACRES, MORE OR LESS.
~~\~~~If lW1;O~T SKETCH & SIGNATURE THIS IS NOT A SURVEY
COONER & ASSOCIATES, INC.
SURVEYING AND MAPPING
5670 ZIP DRIVE, FORT MYERS, FLORIDA 33912
PHONE; (239)277-0722 FAX: (239)277-7179 EM AIL: SURVE'YlNGOCOONER.COM
CUENT: GREELEY AND HANSEN, LlC DRAWN BY: OKT CHECKED BY: J.N.W.
PARCEL DESCRJPllON: DAlE: 03/16/05 SCALE: N/A REV: 4-27-05
PERMANENT UTILITY
EASEMENT IN SEe 03-51-26 PROJECT No: 030705W.A DWG NO:030705WA-ESM SHEET: 2 OF 2
EXHIBIT L
Page ..3.!::Lof .-5:1-
TEMPORARY CONSTRUCTION
EASEMENT (DURA TlON: 3 YEARS
FROM COMMENCEMENT OF
CONSTRUCTION)
Agenda Item NO.1 08
September 13, 2005
2a.qe 39 of 64
70 / 'il r +-
PROJECT '7 0' !>- ?
PARCEL ;2.7. T
FOLIO 007 2'f-rCWo 7
SKETCH AND DESCRIPTION OF A
TEMPORARY CONSTRUCTION EASEMENT (27.T)
IN THE NW 1/4 SECTION 3, TOWNSHIP 51 S, RANGE 26 E
COLLIER COUNTY, FLORIDA
....
N
It)
i.o
!'l
N
o
Z
Sip
~
<'1.1t('
~s
. 'I,
(~
r..,~
:~1J:
~
'0
o
o
..,
S89'S3'59"W
54.40'
PARCEL AS DESCRIBED IN
O.R. BOOK 1323, PG. 1389
FOLIO NO.:
00724800007
m:
C.R.-COUNTY ROAD
F.P.&L-FlORIDA POWER & LIGHT CO.
R/W - RIGHT-OF-WAY
O.R. - OFFlOAL RECORDS BOOK/PAGE
P.D.B.-POINT OF BEGINNING
P.D.C.-POINT OF COUMENCEMENT
NO. -NUUBER
U.S.-UNITED STATES HIGHWAY NO.
P.O.C.
INTERSECTION OF SW
R/W LINE U.S. 41 AND
SE LINE OF PARCEL
PER O.R. 1323, PAGE
1389
DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT L YlNG IN 'THE NORTHWEST 1/4 SECTION 3, TOWNSHIP 51
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA:
COMMENCING AT THE INTERSECTION OF THE SOUTHWEST RIGHT-OF-WAY LINE OF U.S. 41 (TAMIAUI TRAIL) AND THE
SOUTHEASTERLY LINE OF A PARCEL AS DESCRIBED IN OFFICIAL RECORD BOOK 1323. PAGE 1389, PUBLIC RECORDS
OF COLLIER COUNTY, THENCE RUN N54'21'52"W, A DISTANCE OF 274.08 FEET ALONG SAID SOUTHWEST
RIGHT-OF-WAY LINE TO THE POINT OF BEGINNING; THENCE RUN SOO'06'OI"E, A DISTANCE OF 30.00; THENCE RUN S
89'53'59"W, A DISTANCE OF 54.40 FEET TO THE EAST RIGHT-OF-WAY LINE OF COUNTY ROAD 951 AS RECORDED IN
OFFICIAL RECORD BOOK 1456, PAGE 1244, PUBLIC RECORDS OF COLLIER COUNTY; THENCE RUN ALONG SAID EAST
LINE FOR THE FOLLOWING TWO (2) CALLS: 1) N02"26'52"E, A DISTANCE OF 7.44 FEET; 2) N35'38'OS"E. A
DISTANCE OF 49.90 FEET TO AN INTERSECTION WITH SAID SOUTHWEST RIGHT-OF-WAY LINE OF U.S. 41; THENCE RUN
S54"21'52"E, A DISTANCE OF 30.71 FEET ALONG SAID SOUTHWEST RIGHT-OF-WAY LINE TO THE POINT OF BEGINNING.
CONTAININ~,J~P~~SQUA~~.FEET OR 0.04 ACRES, MORE OR LESS.
,,~~~~~}.,,~..,' . /~":" '"
f:t)~~.~~.;:...""'<:' /.~:,- ~~f~ARCEL BEARING. DISTANCES. AND AREAS
__~~./' .~: t- ~ :/. ~7~. CAlCULATED ARE BASED ON A FIELD SURVEY.
OARb'f.o~SENO (F THe FIRtil LB6773) BASIS OF BEARING: STATE PLANE COORDINATE
PRo~~~6NAL. -SURVE'10R');tllO~"1tiAPPER SYSTEM, FLA. EAST ZONE. '83(90.
FLORI:9.Ay"OENSE NO. LS 647.6:: THIS IS NOT A. SURVEY
11-IIS r.t.:..;o,Al(.,9r..".. r.'l:.",(:U 2005. 1'\
,.,.:.... ;ctt..... COONER & ASSOCIATES, INC.
n....'. SURVE'r1NG AND MAPPING
5670 ZIP DRIVE, FORT MYERS. FLORIDA 33905
PHONE: (239)277-0722 FAX: (239)277-7179 EM AIL: SURVE'r1NGCCOONER.COM
CUENT: GREELEY AND HANSEN. LLC DRAWN BY: DKT CHECKED BY: JNW
PARCEL DESCRIPllON: DATE: 03/31/05 SCALE: 1"-30'
TEMP. CONSTRUC1l0N EASEMENT IN THE
NW 1/4 SEC1l0N 03-51-26 PROJECT No: 03Q705GH
DWG No;030705WA-ESIol
REV:
SHEET; 1 OF 1
EXHIBIT_A
Page~oI:TJ:
Agenda Item No. lOB
September 13. 2005
701 f'Jlg~O of 64
PROJECT '/0 I c;- ;;J...
PARCEL ;2. 75. P
FOLIO :3 '-f tlf 00 qoooo
SKETCH AND DESCRIPTION OF A
PERJlANENT UTILITY EASEMENT (28.P)
lYING IN TRACT 2, GATOR GATE UNIT 2
PlA T BOOK 7, PAGE 54; SECTION 3, TOWNSHIP 50 S, RANGE 26 E
COLLIER COUNTY, FLORIDA
S R/W LINE
STATE ROAD 84 (DAVIS BOULEVARD)
~
. I~
g.....
.0
0[10
I/') 0
o
Ul
NB9'43'32"W
100.00' P.O.C.
NE CORNER
SEC1l0N 3
N LINE SEC1l0N 3
NE CORNER
GA TOR GA TE
UNIT 2
N LINE
~
. ~
o ...
~n~
..... b
- 0
Ul
589'42'45.E .I
25.00' P.O.B.
FOLIO NO.:
34740080000
O.R. 2503, PAGE 2555
PARCEL B
b
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.,;
.....
b
o
lli
'"
'"
;;:;
CI>
ci
c...i
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Z
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m:
C.R.-COUNTY ROAD
F.P.&:L.-FLORIDA POWER &: LIGHT CO.
R/W - RIGHT-OF-WAY
O.R. - OFFICIAL RECORDS BOOK/PAGE
P.O.B.-POINT OF BEGINNING
P.O. C.-POINT OF COMMENCEMENT
NO.-NUMBER
DA-DELTA
R-RADIUS
L-LENGTH
CB-CHORD BEARING
C-CHORD DISTANCE
DA-3"1S'S6.
R=9D5.71'
L-S1.8S'
C8=N27"S7'S3.W
C=Sl.88'
~
.
..,.
...
b
\0
g
Ul
NOT VALID WITHOUT
DESCRIP1l0N ON SHEET 2 OF 2
PROPOSED PERMANENT
UTILITY EASEMENT
~
"
a:
~
~
THE PARCEL BEARING, DISTANCES. AND AREAS
CALCULATED ARE BASED ON A FIELD SURVEY OF
THE NORTH LINE OF SEC1l0N 2 AND THE WEST
R/W LINE OF C.R. 951. BASIS OF BEARING:
STATE PLANE COORDINATE SYSTEM. FLA. EAST
ZONE. '83/"90.
___uO ~ ___
DARREN TOWNSEND (FOR THE FIRM LB6773)
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA LICENSE N.Q;~ 647.6
THIS ~ DAY'ci.K.~e&I~'. -.'. . 2005. THIS IS NOT A SURVEY
>.'COONER & ASSOCIATES, INC.
': ' SURVEYING AND MAPPING
. . 5ti70 ZIP DRIVE, FORT MYERS, FLORIDA 33912
~ l'~ON~:- <~;3~),2.77f0722 FAX: (239)277-7179 EMAll: SURVEYlNGOCOONER.COM
CLIENT: GRE!4Lr.At'lD I'1ANSEiII,.li.c-::. DRAWN BY: DKT CHECKED BY: JNW
PARCEL DESC~1lGN:"-"'-.. ~,. .,)~., DATE: 03/17/05 SCALE: 1"-40'
PERMANENT UllLl1Y,&AS~T lJiMt;T 2,
GATOR GATE UNIT 2, 'Sm"itJ.OO:"26 PROJECT No: 030705W.A
. ~'.". '
REV: 4-27-05
DWG NO:OJ0705W....-ESM
SHEET: 1 OF 2
EXHIBIT .1L
Page ~...::il..-
PROJECT
PARCEL
FOLIO
Agenda Item No 1 DB
September 13, 2005
7 01 ~ia~1 of 64
?Ol!""-:J-
';)"'6. ?
'5 '-I 7 '-I t)t.?<6 000 0
SKETCH AND DESCRIPTION OF A
PERJl.ANENT UTIliTY EASEMENT (28.P)
L YlNG IN TRACT 2, GATOR GATE UNIT 2
PLAT BOOK 7, PAGE 54; SECTION 3. TOWNSHIP 50 S, RANGE 26 E
COLLIER COUNTY. FLORIDA
DESCRIPTION OF A PERMANENT UTILITY EASEMENT L YlNG IN TRACT 2, GATOR GATE UNIT 2 A SUBDIVISION
AS RECORDED IN PLAT BOOK 7, PAGE 54; SECTION 3. TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA:
COMMENCE AT THE NORTHEAST CORNER OF SAIO SECTION; THENCE RUN N89'4.3'.32"W, A DISTANCE OF
100,00 FEET ALONG THE NORTH LINE OF SAID SECTION; THENCE SOO'50'44"W, A DISTANCE OF 50.00 FEET
TO THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF STATE ROAD 84 (DAVIS BOULEVARD) AND
THE WESTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 951; SAID POINT BEING THE NORTHEAST CORNER OF
SAID SUBDIVISION; THENCE RUN SDO-SO'44"W, A DISTANCE OF 175.00 FEET ALONG SAID WESTERLY LINE TO
THE NORTH LINE OF PARCEL B AS DESCRIBED IN OFFICIAL RECORD BOOK 250.3, PAGE 2555 AND THE POINT
OF BEGINNING; THENCE CONTINUING ALONG SAID WESTERLY LINE SOO'50'44"W, A DISTANCE OF 225.00 FEET
TO THE CURVED SOUTH LINE OF SAID PARCEL B AND THE BEGINNING OF A CURVE CONCAVE
SOUTHWESTERLY HAVING A DELTA ANGLE OF 0.3'6'56", A RADIUS OF 905.71 FEET, A CHORD BEARING OF
N27'57'53"W AND A CHORD DISTANCE OF 51.88 FEET; THENCE ALONG THE ARC OF SAID CURVE TO THE
LEFT AND SAID SOUTH LINE A DISTANCE OF 51.88 FEET; THENCE RUN NOO'50'44"E, A DISTANCE OF 179..30
FEET TO SAID NORTH LINE; THENCE RUN S89'42'45"E ALONG SAID NORTH LINE A DISTANCE OF 25.00 FEET
TO SAID WESTERLY RIGHT-OF-WAY LINE AND THE POINT OF BEGINNING.
CONTAINING 5,041 SQUARE FEET OR 0.12 ACRES. MORE OR LESS.
~~\~~~I~ lW16~0~T SKETCH /Ie SIGNATURE THIS IS NOT A SURVEY
COONER & ASSOCIATES, INC.
SURVEYING AND MAPPING
5670 ZIP DRIVE. FORT MYERS. FLORIDA 33912
PHONE;, (239)277-0722 FAX; (239)277-7179 EM AIL: SURVEYlNGOCOONER,COM
CLIENT: GREELEY AND HANSEN, LLC DRAWN By: DKT CHECKED BY: J.N.W.
PARCEL DESCRIPTION: DATE: 0.3/17/05 SCALE: N/A I REV: 4-27-05
PERMANENT UTILITY EASEMENT TRACT 2,
GATOR GATE UNIT 2, SEC. .3-50-26 PROJECT No; 030705W.A DWG NO:030705WA-ESM I SHEET: 2 OF 2
EXHIBIT L
Pege.l[Lof~
Aoenda Item NO.1 DB
September 13, 2005
701 sa?e ~ of 64
PROJECT 7 01 ~;:t
PARCEL ~ 9, ?
F OLI 0 3 '-f t:. '1 Do '? 000 'i?
SKETCH AND DESCRIPTION OF A
PERJlANENT UTILITY EASEMENT (29.P)
LYING IN TRACT 2, GATOR GATE UNIT 2
PLAT BOOK 7, PAGE 54; SECTION 3, TOWNSHIP 50 S, RANGE 26 E
COLLIER COUNTY, FLORIDA
N LINE SECTION 3
~
'I~
o ""
o.
.0
S R/W LINE gl~
VI
STATE ROAD 64 (DAVIS BOULEVARD)
NE CORNER
GA TOR GA TE
UNIT 2
"""'" ''''"'''"' ~ ~
u nu TY EASEMEN T "1- o~
~ o .
<" g~
\ "11'8
VI
~
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FOLIO NO.: oti
v
34690080008 It')
O.R. 2962, PAGE 0221
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.
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I" 0 Ii
0 I" U
0 0
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C/) z
S LINE ::;
~
"-
It:
~
N89'43'32.W
100.00'
P.O.C.
NE CORNER
SECTION 3
DA=316'56.
R=905.71'
L-51.88'
CB-S27"57'53.E
C=51.88'
PROPOSED PERMANENT
UnUTY EASEMENT
!SEX:
C.R.-COUNTY ROAD
F.P.&L.-FLORIDA POWER & LIGHT CO.
R/W - RIGHT-OF-WAY
O.R. - OFFICIAL RECORDS BOOK/PAGE
P.O.B.-POINT Of BEGINNING
P.O.C.-POINT Of COMMENCEMENT
NO.-NUMBER
DA-DELTA
R-RADIUS
L-LENGTH
C8-CHORD BEARING
C-CHORD DISTANCE
NOT VALID 'NITHOUT
DESCRIPTION ON SHEET 2 OF 2
~
THE PARCEL BEARING, DISTANCES, AND AREAS
CALCULA TED ARE BASED ON A FIELD SURVEY OF
THE NORTH LINE OF SECTION 2 AND THE WEST
R/W LINE OF C.R. 951. BASIS OF BEARING:
DARREN TOWNSEND (FOR THE FIRM LB6773) STATE PlANE COORDINATE SYSTEM. FLA. EAST
PROFESSIONAL SURVEYOR. AND MAPPER ZONE, '83/'90.
~?:I.~~.llg~~S~FN1~~~_. 2005. THIS IS NOT A SURVEY
J.~;.C . NER & ASSOCIATES, INC.
. . SURVEYING AND MAPPING
. 56:70 ZIP DRIVE, FORT MYERS, flORIDA 33912
: PHPNE: -(239):P7-:.Q722 FAX: (239)277-7179 EMAIL: SURVEYlNGOCOONER.COM
CLIENT: GREEi.t't.A1ll.D ~~. !J:t:.", DRA'MII BY: DKT CHECKED BY: JNW
PARCEL DESCRl,pOOtt........ -.: ,.; DATE: 03/17/05 SCALE: 1"-40'
PERMANENT UT1L1WrJ;Ast;Mf~~~ 2,
GA TOR GA TE UNIT 2. ~ge~, .l'l"!ilG1.:26
---~------
, .;.~-.~,';;,.,~
<Ii," .
PROJECT No: 030705W. A
DWG NO:030705WA-ESM
REV: 4-27-05
SHEET: 1 OF 2
EXHIBlTL
Page ....3:ir...PI ::zr:
Agenda Item No. 10B
September 13, 2005
7 o,F;;Ige 4L3 of 64
PROJECT 70( ~-:::t...
PARCEL ;2 9. P
FOLIO s'it:, 90o<?oc>o'i/
SKETCH AND DESCRIPTION OF A
PERJl.ANENT UTILITY EASEMENT (29.P)
LYING IN TRACT 2, GATOR GATE UNIT 2
PLAT BOOK 7, PAGE 54; SECTION 3, TOWNSHIP 50 S, RANGE 26 E
COLUER COUNTY, FLORIDA
DESCRIPTION OF A PERMANENT UTILITY EASEMENT LYING IN TRACT 2, GATOR GATE UNIT 2 A SUBDIVISION
AS RECORDED IN PLAT BOOK 7, PAGE 54; SECllON 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA:
COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION; THENCE RUN N89'43'32"W, A DISTANCE OF
100.00 FEET ALONG THE NORTH LINE OF SAID SECTION; THENCE SOO'50'44.W, A DISTANCE OF 50.00 FEET
TO THE INTERSECllON OF THE SOUTH RIGHT-OF-WAY LINE Of' STATE ROAD 84 (DAVIS BOULEVARD) AND
THE WESTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 951 SAID POINT BEING THE NORTHEAST CORNER OF
SAID SUBDIVISION; THENCE RUN SOO'50'44.W, A DISTANCE OF 400.00 FEET ALONG SAID WESTERLY LINE TO
THE NORTH LINE OF A PARCEL AS DESCRIBED IN OffiCIAL RECORD BOOK 2962, PAGE 0221 AND THE POINT
OF BEGINNING; THENCE CONllNUING ALONG SAID WESTERLY LINE AND THE EAST LINE OF SAID PARCEL
SOO'5O'44.W, A DISTANCE OF' 500.02 FEET TO THE SOUTH LINE OF SAID PARCEL; THENCE RUN NB9'43'32.W,
ALONG SAID SOUTH LINE A DISTANCE OF 25.00 FEET; THENCE RUN NOO'50'44"E, A DISTANCE OF 545.72
FEET TO THE CURVED NORTH LINE OF SAID PARCEL AND THE BEGINNING OF A CURVE CONCAVE
SOUTHWESTERLY HAVING A DELTA ANGLE OF 0316'56", A RADIUS OF 905.71 FEET, A CHORD BEARING OF
S27'57'53"E AND A CHORD DISTANCE OF 51.88 FEET; THENCE ALONG THE ARC OF SAID CURVE TO THE
RIGHT AND SAID NORTH LINE A DISTANCE Of' 51.88 FEET TO SAID WESTERLY RIGHT-Of' -WAY LINE AND THE
POINT OF BEGINNING.
CONTAINING 13,085 SQUARE FEET OR 0.30 ACRES, MORE OR LESS.
~~T S~~~~ lW16~0~T SKETCH & SIGNATURE THIS IS NOT A SURVEY
COONER & ASSOCIATES, INC.
SURVEYING AND MAPPING
5670 ZIP DRIVE. FORT MYERS. FLORIDA 33912
PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURVEYlNGOCOONER.COM
CLIENT: GREELEY AND HANSEN, LLC DRAWN BY: DKT CHECKED BY: J.N.W.
PARCEL DESCRIPTION: DATE: 03/17/05 SCALE; N/A I REV: 4-27-05
PERMANENT UllLlTY EASEMENT TRACT 2,
GATOR GATE UNIT 2, SEC. 3-50-26 PROJECT No: 030705W.A DWG No:030705WA-ESM I SHEET: 2 OF 2
EXHIBIT -L
Page~2L
PROJECT
PARCEL
F OU 0
Agenda Item NO.1 DB
September 13, 2005
lOt d'?98f14 of 64
70 t ~ ~
3o,?
';- '7 7 1:( Co I Cf "? 7
SKETCH AND DESCRIPTION OF A
PERJlANENT UTILITY EASEMENT (30.P)
lYING IN MARKET CENTER SUBDIVISION, lOT 6
PlA T BOOK 41, PAGE 60; SECTION 3, TOWNSHIP 50 S, RANGE 26 E
COLLIER COUNTY, FlORIDA
S R/W LINE
STA TE ROAD 84 (DAVIS BOULEVARD)
:5:
. I.....
0....
~b
~I~
III
N89'43'32'w
100.00' P.O.C.
NE CORNER
SECTION 3
N LINE SECTION 3
NE CORNER
GA TOR GATE UNIT 2
PLAT BOOK 7, PAGE 54
PROPOSED PERMANENT ~
UTILITY EASEMENT I .....
:5:
.
. ...
"'....
O'
.0
o lI'l
a: 15
III
N LINE
MARKET CENTER
589'43'32'E 1
25.00' P.O.B.
NE CORNER
MARKET CENTER
FOLIO NO.:
59712001487
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S89"'!4'27"W
0.70'
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10 !O Ii
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0 0 cj
Z III
W
z
:J
~
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!S.E.X :
C.R.-COUNTY ROAD
F.P.&:L.-FLORIDA POWER &: LIGHT CO.
R/W - RIGHT-OF-WAY
O.R. - OFFICIAL RECORDS BOOK/PAGE
P.O. B.-POINT Of BEGINNING
P.O.C.-POINT Of COMMENCEMENT
NO.-NUMBER
DA-DEL TA
R-RADIUS
L-LENGTH
CB-CHORD BEARING
C-CHORD DISTANCE
LOT 6
S LINE LOT 6
TRACT R-l
NOT VALID 'MTHOUT
DESCRIPllON ON SHEET 2 OF 2
__Z2~_____
DA-88'23' 43'
R=2S.00'
L=38.S7'
CB=S4S'02'3S"W
C..34.86'
!:l.QIE;
THE PARCEL BEARING, DISTANCES, AND AREAS
CALCULA TED ARE BASED ON A FIELD SURVEY OF
THE NORTH LINE OF SECTION 2 AND THE WEST
R/W LINE OF C.R. 951. BASIS OF BEARING:
STA TE PLANE COORDINATE SYSTEM, FLA. EAST
ZONE, '83/,90.
DARREN TOWNSEND (FOR THE FIRM LB6773)
PROFESSIONAL SURVE'l9R.hND MAPPER
FLORIDA L1CENSE..NCl'.'LS p~.1o
THIS ,,7..J.;DA'!'9\1.1.....irp~'j, .... 2005. THIS IS NOT A SURVEY
- " .~;.,'/:: .'GONER & ASSOCIATES, INC.
/ r:.1 :: "," ". SURVEYING AND MAPPING
.' ,. '" S670 ZIP DRIVE. FORT MYERS, FLORIDA 33912
~1;ONE: . (:P!il)277:-9722 FAX: (239)277-7179 EM AIL: SURVEYlNGOCOONER,COM
CLIENT: GRr;;EI;(Y',:"ND--tIJ'i'ISEN,.ll9' . DRAWN BY: DKT CHECKED BY: JNW
PARCEL DE~-liON;.....< ',. ,~' DATE: 03/17/05 SCALE: 1"-40' REV: 4-27-05
PERMANENT Um:.UY El!;~. _"
LOT 6, MARKET C~~;::~f;C:'-;'::50-26 PROJECT No: 030705W.A DWG NO:DJ0705WA-ESIoI SHEET: 1 OF 2
EXHIBIT .Jl...
Page ~of....5.L.
PROJECT
PARCEL
FOLIO
Agenda Item No. 10B
September 13, 2005
7 Page 45 of 64
()/~I or-
701 S--:2
30.P
5' q 7 I ;Z DO I Lf~7
SKETCH AND DESCRIPTION OF A
PERJlANENT UTILITY EASEMENT (30.P)
LYING IN MARKET CENlER SUBDIVISION, LOT 6
PLAT BOOK 41, PAGE 60; SECTION 3, TOWNSHIP 50 S, RANGE 26 E
COLLIER COUNTY, FLORIDA
DESCRIPTION OF A PERMANENT UTILITY EASEMENT L YlNG IN LOT 6, MARKET CENTER SUBDIVISION AS
RECORDED IN PLAT BOOK 41. PAGE 60; SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER
COUNTY. FLORIDA:
COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION; THENCE RUN N89'43'32"W, A DISTANCE OF
100.00 FEET ALONG THE NORTH LINE OF SAID SECTION: THENCE SOO"50'44"W. A DISTANCE OF 50.00 FEET
TO THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF STATE ROAD 84 (DAVIS BOULEVARD) AND
THE WESTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 951; THENCE RUN S00"50'44"W. A DISTANCE OF
900.02 FEET ALONG SAID WESTERLY LINE TO THE NORTHEAST CORNER OF SAID SUBDIVISION AND THE POINT
OF BEGINNING: THENCE CONTINUING ALONG SAID WESTERLY LINE AND THE EAST LINE OF SAID SUBDIVISION
SOO'50'<<"W. A DISTANCE OF 329.05 FEET TO THE CURVED SOUTH LINE OF SAID LOT 6 AND THE BEGINNING
OF A CURVE CONCAVE NORTHWESTERLY HAVING A DELTA ANGLE OF 88"23'43", A RADIUS OF 25.00 FEET, A
CHORD BEARING OF S45'02'35"W AND A CHORD DISTANCE OF 34.86 FEET; THENCE ALONG THE ARC OF
SAID CURVE TO THE RIGHT AND SAID SOUTH LINE A DISTANCE OF 38.57 FEET: THENCE CONTINUING ALONG
SAID SOUTH LINE S89i4'27"W A DISTANCE OF 0.70 FEET; THENCE RUN NOO'50'44"E, A DISTANCE OF
353.82 FEET TO SAID NORTH LINE; THENCE RUN 589'43'32"E ALONG SAID NORTH LINE A DISTANCE OF
25.00 FEET TO SAID WESTERLY RIGHT-OF-WAY LINE AND THE POINT OF BEGINNING.
CONTAINING 8.715 SQUARE FEET OR 0.20 ACRES, MORE OR LESS.
~~\~~~If lW1~O~T SKETCH & SIGNATURE THIS IS NOT A SURVEY
COONER & ASSOCIATES, INC.
SURVEYING AND MAPPING
5670 ZIP DRIVE, FORT MYERS, FLORIDA 33912
PHONE: (239)277-0722 FAX: (239)277-7179 EMAIl: SURVEYlNGOCOONER.COt.A
CUENT: GREELEY AND HANSEN. LLC DRAWN BY: OKT CHECKED BY: J.N.W.
PARCEl DESCRIP1l0N: DATE: 03/17/05 SCALE: N/A I REV: 4-27-05
PERMANENT UTILTlY EASEMENT
LOT 6, MARKET CENTER; SEC. 3-50-26 PROJECT No: 030705W.A DWG No:03070aWA-ESM I SHEET: 2 OF 2
EXHIBIT A .
-
P8ge -..!:i.LoI ~
Agenda Item No 10B
September 13, 2005
7 61 ?,9~6 of 64
PROJECT -, 01 S-::l.. .
PARCEL :? I. P
FOLIO of,- q 7/ .:< O&>{ 5'?l'o
SKETCH AND DESCRIPTION OF A
PERJlANENT UTILITY EASEMENT (3t.P)
LYING IN MARKET CENTER SUBDIVISION, LOT 5
PLAT BOOK 41, PAGE 60; SECTION 3, TOWNSHIP 50 S, RANGE 26 E
COWER COUNTY. FLORIDA
N UNE SECTION 3
J
~
bJ~
o.
O)~
100
o
Ul
P.O.e.
NE CORNER
SECTION 3
N89'4J'32.W 100.00'
S R/W UNE
STATE ROAD M (DAVIS BOULEVARD)
NE CORNER
GATOR GATE UNIT 2
PLAT BOOK 7, PAGE 54
1RACT R-1
N UNE LOT 5
~
~
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Ul
DA-90'OO'OD.
R-25.00'
L-39.27"
CB-S44"09'lS.E
C-35.3S'
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N
,..:
1;j
J
P.O.B.
NE CORNER
bLOT 5
...;
Ol
-
FOUO NO.:
59712001380
1RACT "F"
S04'4Q'44"W
15.73'
KEY:
C.R.-COUNTY ROAD
f.P.&L-A.ORIDA POWER '" UGHT CO.
R/W - RIGHT-OF-WAY
O.R. - OFFlClAL RECORDS BOOK/pAGE
P.O.B.-POINT OF BEGINNING
P.O.e.-POINT OF COMMENCEMENT
NO.-NUMBER
DA-DaTA
R-RADIUS
L-lENGTH
CB-CHORD BEARING
C-CHORD DISTANCE
LOT 5
t.J
~
b
III
o
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~
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..,.
b
\0
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Ul
N().4.'4Q'44"E
17.25'
S UNE LOT 5
iii
Ol
NOT VAUD WITHOUT
DESCRIPTION ON SHEET 2 OF 2
.!'-" '"'..
..l'~-2]'<'-~:?a"" ..."; "Cv
~.I." .. .;/t -:.
2 :j. .. .:..- . _ .;," ~ .~
-~-~ ---------~--,---
_ . r _... . ~ ,'" _.
~1IDt'.Wi\t.lSENt) (FOR ICft::. ARM LB6n3)
~P.OF:ESSleNAL SURVEYOR:';..t.$ MAPPER
tLcmlq~ JTr.ENSE'tlO/ts ,~47tS
~I~~DAY OF..~..".. ~t.;uf..l
,... .'. .. ',~ ....
~
D::
~
tfim:
THE PARca BEARING, DISTANCES, AND AREAS
. CALCULATED ARE BASED ON A AElD SURVEY OF
THE NORTH UNE Of SECTION 2 AND THE WEST
R/W UNE OF C,R. 951. BASIS OF BEARING:
STATE PLANE COORDINATE SYSTEM, FLA. EAST
ZONE, '8Ji90.
THIS IS NOT A SURVEY
Y C. COONER AND ASSOCIATES, INC.
SURVEYING AND UAPPING
3900 COLONIAL BLVD., SUITE 4, FORT UYERS, FLORIDA 33912
PHONE: (239)277-0722 FAX: (239)277-7179 EMAlL: SURVE'l1NGCCOONER.COU
CUENT: GREELEY AND HANSEN, LtC DRAWN BY: DKT CHECKED BY: JNW
PARCEL DESCRIPTION: DATE: 03/17/05 SCALE: 1.-40'
PERMANENT UTlL llY EASEMENT
LOT 5, MARKET CENTER; SEC. 3-50-26 PROJECT No: 030705W.A
2005.
',. '>0, -"oCt:
....". U,~)..
...~,.!' ~^.. ~. ~ r r '~: ~;..: ..'J~
DWG No:030705WA-ESM
REV:
SHEET: 1 OF 2
EXHIBIT ...LL
Page~of ..21-
Agenda Item No, 10B
September 13, 2005
701 G"agerl47 of 64
PROJECT 70 I ;- <-
PARCEL 3/. P
FOLIO sq 71 ~oo 13 ~O
SKETCH AND DESCRIPTION OF A
PERMANENT UTILITY EASEJlENT (SI.P)
L YlNG IN MARKET CENTER SUBDIVISION" LOT 5
PLAT BOOK 41, PAGE 60; SEC110N 3, TOWNSHIP 50 S, RANGE 26 E
COWER COUNTY, FLORIDA
DESCRIPll0N Of A PERMANENT UllUTY EASEMENT LYING IN LOT 5, MARKET CENTER SUBDIVISION AS RECORDED
IN PLAT BOOK 41, PAGE 60; SECll0N 3. TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLUER COUNTY, FLORIDA:
COt.lt.lENCE AT THE NORTHEAST CORNER OF SAID SECll0N; THENCE RUN N89'43'32"W, A DISTANCE Of 100.00
FEET ALONG THE NORTH UNE OF SAID SECll0N: THENCE SOO'50'44"W, A DISTANCE Of 50.00 FEET TO THE
INTERSECllON Of THE SOUTH RIGHT-OF-WAY UNE Of STATE ROAD 84 (DAVIS BOULEVARD) AND THE v.6TERLY
RIGHT-Of-WAY UNE Of COUNTY ROAD 951; THENCE RUN SOO'SO'44"W, A DISTANCE OF 900.02 FEET ALONG
SAID WESTERLY UNE TO THE NORTHEAST CORNER Of SAID SUBDIVISION: THENCE CONllNUING ALONG SAID
WESTERLY UNE AND THE EAST UNE Of SAID SUBDIVISION SOO'SO'44"W, A DISTANCE OF' 451,10 FEET TO THE
NORTH UNE OF' SAID LOT 5 AND THE POINT Of BEGINNING; THENCE CONllNUING ALONG SAID WESTERLY UNE
AND THE EAST UNE Of SAID SUBDIVISION fOR THE fOLLOWING 1WO (2) CAllS: 1) SOO"50'44"W, A DISTANCE OF'
193.10 FEET: 2) S04'4S'44"W, A DISTANCE OF 15,73 FEET TO THE SOUTH UNE OF' SAID LOT 5: THENCE RUN
SBIl"20'2B"W, A DISTANCE OF' 25.11 FEET ALONG SAID SOUTH UNE; THENCE RUN N04'4S'44"E, A DISTANCE OF'
17.25 FEET: THENCE RUN NOO'50'44"E, A DISTANCE Of 217.24 FEET TO THE CURVED NORTH UNE OF' SAID LOT
5 AND THE BEGINNING OF' A CURVE CONCAVE SOUTHWESTERLY HAVING A DELTA ANGLE Of 90'00'00", A RADIUS
OF 25.00 FEET, A CHORD BEARING OF S44'09'16"E AND A CHORD DISTANCE OF 35.36 FEET: THENCE ALONG
THE ARC Of SAID CURVE TO THE RIGHT AND SAID NORTH UNE A DISTANCE Of 39.27 FEET TO SAID WESTERLY
RIGHT-Of-WAY UNE AND THE POINT OF BEGINNING.
CONTAINING 5,719 SQUARE FEET OR 0.13 ACRES, MORE OR LESS,
~T S~~ 1W1~O~T SKETCH & SIGNAnJRE THIS IS NOT A SURVEY
JEFFREY C. COONER AND ASSOCIATES, INC.
SURVEYING AND MAPPING
3900 COLONIAL BLVD" SUITE 4, FORT MYERS, FLORIDA 33912
PHONE: (239)277-0722 FAX: (239)2n-7179 EMAlL: SURVEYlNGOCOONER.COM
CUENT: GREELEY AND HANSEN, u.c DRAWN BY: DKT CHECKED BY: J,N.W.
PARCa DESCRIPll0N: DATE: 03/17/05 SCALE: N/A I REV:
PERMANENT UllLllY EASEMENT .
LOT 5, MARKET CENTER; SEC. 3-50-26 PROJECT No: 030705W.A DWG No:030705WA-ESW I SHEET: 2 OF 2
EXHIBIT A
Page ~oI =>7
PROJECT
PARCEL
FOLIO
Agenda Item No.1 OB
September 13. 2005
Page 48 of 64
701 ~I T-
? () I s- =<.
'3:2, ?
IV/A-
SKETCH AND DESCRIPTION OF A
PERJlANENT UTILITY .AND ACCESS EASEMENT (S2.P)
IN THE WEST 100' OF SECTION 1" TOWNSHIP 50 S,
RANGE 26 E. COWER COUNTY, FLORIDA
FOREST GLENN OF
NAPLES SUBDI\IISlON
PLAT BOOK 31, PAGE 94
, l~ i~~~
b 1 151= Z 11::...
,., t'-\o..::l:iloC)
! ~ :g~15~
00( II..
b 0
.., II::
. ~ PROPOSED TEMPORARY
) CONSTRUCTION EASEMENT
~
~ ~~
ffill::
0=:J
i5Z
'~:t: ~
~ti
...5
P.O.C,
Y NW CORNER
SECllON 11
I\, NB8"17'44"E _ _ _
V 60.06'
NOR'lli UHE SECllON 11
P.O.B.-
1\
NB8"17' 44 "E
40.04'
u;
01
Ii
c.i
PROPOSED PERMANENT
UTILITY EASEMENT
c.
i
~
~
~
~
8
z
;:
HENDERSON CREEK
CANAl R/W (100')
.~
~
1=
u
l)f
40'
...
Z
::J
. ~ ~l!:!.. UNE SECllON 11
~ \s N8725'49"E 60.11'
SW CORNER
SECllON 11
J
SS72S'49"W
40.07'
PROPOSED PERMANENT
UTILITY '" ACCESS
EASEMENT
t,
~~
J..
...
C)
00(
~ l-
8 i5
CDC)~
lS~i5
>-ISZ2
~uf3~
~.!.~CDU
~9~~~
~!:CO~~ffi
ZQ~i5i5CD
511::~lLlL2
u 1 I '. I.~
.. I.. .1Il~ I
1111::,11::000
jdc.i II:: ociciz
DESCRlPlION OF A PERMANENT UllUTY AND ACCESS E:ASEWENT lVlNG IN THE EAST 40 FEET OF THE ~T 100 FEET
OF SECllON II, TOWNSHIP 50 SOUTH, RANGE 26 EAST; COWER COUNTY, FlORIDA; MORE PARllCULARLY DESCRIBED
AS FOllOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECllON II, THENCE RUN NB8"17'44"E, A DISTANCE OF 60.06
FEET AlONG 'lliE NORTH UNE OF SAID SECllON TO THE POINT OF BEGINNING; THENCE CONllNUING ALONG SAID
NORTH UHE N88'7'44"E, A DISTANCE OF 40.04 FEET TO THE EAST UNE OF THE HENDERSON CREEK CANAL
RIGHT-OF-WAY; THENCE RUN SOO'SO'44"W, A DISTANCE OF 5505.38 FEET AlONG SAID EAST UNE TO THE SOUTH
UNE OF SAID SEClION II; lHENCE RUN S8T25'49"W, A DISTANCE OF 40.07 FEET ALONG lHE SOUTH UNE OF SAID
SECllON 11; lHENCE RUN NOO'SO'44"E, A DISTANCE OF 5505.99 FEET ALONG A UNE lHAT IS PARAUn. WITH AND
40. FEET WESTERlY OF SAID EAST UNE OF THE HENDERSON CREEK CANAL RIGHT-OF-WAY TO THE POINT OF
BEGINNING.
~ING 22~~~ARE FEET OR 5.06 ACRES, loIORE OR lESS.
. ~::':'2U:u;-;; ~~ARCEl BEARING, DISTANCES, AND AREAS
-- 7~ :... ---.~"'-~----- CAlCULATED ARE BASED ON A FIELD SUR~ OF
~~RR~I'LTOWNSE'ND~~ !HE FIRM LB6n3) SEClION 11. BASIS OF BEARING: STAlE PlANE
J=.n~ONAl:SU~::AND MAPPER COORDINATE SYSTEM, FlA. EAST ZONE. '83/90.
- ~~1.U~~~':~2~ . 2005. THIS IS NOT A SURVEY
.' . - . ~ ---- ~
~<7r~.~.~.~."""";.~.~;~...~.}':' COONER &: ASSOCIATES. INC.
SURVE't'lNG AND MAPPING
............. 5670 ZIP DRIVE. FORT MYERS, FLORIDA 33905
PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURVEYlNGCKXlONER.COM
WENT: GREElEY AND HANSEN, U.C DRAVtt4 BY: DKT CHECKED BY: ....W
PARCEL. DESCRIPTION: DAlE: 04/05/05 SCALE: 1"-20' REV:
PERM. UlIUTY &: ACCESS E:ASEWENT IN THE
WEST 100' OF SEC 11-50-26 PROJECT No: 030705W.A DWG NO:030705WA-ESIot SHEET: 1 OF 1
EXHIBIT A
Page~of31::
PROJECT
PARCEL
FOLIO
Agenda Item No, 10B
September 13. 2005
Page 49 of 64
70/ ')"1 y-
7 (.)1 -,-::t.
53.?
H/A
.
SKETCH AND DESCRIPTION OF A
PERJlANENT UTIUTY AND ACCESS EASEJlENT (88_P)
IN THE WEST 100' OF SECllON 14, TO~SHIP 50 S,
RANGE 26 E, COWER COUNTY, FLORIDA
PROPOSED PERMANENT
UTILITY tic ACCESS
EASEMENT
P.O.B. N87"25' 48"E
NOR'1l4 UNE SEClIOH 14
--- 60.11' 40.07'
N81'25' 49"E ~~
HENDERSON CREEK ~Il:
CANAL R/W (100') i5~
40' J:~
i ;;; i ~~
r.:
Ii ~ r.: 1&15
d ~
PROPOSED PERMANENT ~
UTILITY EASEMENT ~
t-
..,. ~ ffi
- ~ lit lDO~
~ I :giffi
1= I >-~Z2
U ~~~;~
llf
...., Z ~~<i1515
Z
::::J
lit S87'38'Q3"W ~~Ot-t-15
SOU'1l4 LINE SEClION 14 ~e~~~!i
N87'38'03-E 60.10' 40.06' U I I I. I.~
~ I.~ ,lilt.? I
PROPOSED PERMANENT 0:; O:;~~O
UTILITY '" ACCESS UIl:OD..D..Z
EASEMENT
D~TION OF A PERMANENT UTlUTY AND ACCESS EASEMENT LYING IN 1l4E EAST 40 FEr OF 1HE WEST 100 FEET
OF SECTION 14, TOWNSHIP 50 SOU'1l4, RANGE 26 EAST; COWER COUNTY, FLORIDA; MORE PARTICULARLY DESCRIBED
AS Fou.OWS:
COMMENQNG AT 1l4E NOR'1l4WEST CORNER OF SAID SECTION 14, lHENCE RUN N81'25'49"E, A DISTANCE OF 80,11
FEr ALONG 1l4E NOR'1l4 UHE OF SAID SECTION TO 1l4E POINT OF BEGlNNtlG; 1l4ENCE CONTINUING ALONG SAID
NOR'1l4 UNE N81'25'48"E, A DISTANCE OF 40.07 FEr TO THE EAST UNE OF lllE HENDERSON CREEK CANAL
RlGHT-oF-WAYj 1l4ENCE RUN SOO'SO'44"W, A DISTANCE OF 5357,48 FEET ALONG SAID EAST UNE TO THE SOUTH
UNE OF SAID SEClION 14j THENCE RUN S8TJ8'03"W, A DISTANCE OF 40.06 FEr ALONG 1l4E SOU'1l4 UNE OF SAID
SECTION 14; THENCE RUN Noo'50'44-E, A DISTANCE OF 5357,31 FEET ALONG A UNE 1l4AT IS PARAU.EI.. WITH AND
40 FEr WESTERLY OF SAID EAST UHE OF THE HENDERSON CREEK CANAL RIGHT-OF-WAY TO THE POINT OF
BEGINNING.
.r~ ;.xARE fEET OR '-92 AalES, lIllRE OR lfSS. \Wli..v<<:a.......... DlST....CES, ..... AREAS
. - ---- ---.......----- CALCULAlED ARE BASED ON A FIELD SURVEY OF
~ _"'REK:lOWNSEND'~~ FIRM LB6n3) SECTION 14. BASIS OF BEARING: STATE PLANE
"~QNAL ~vEYOR;-"""D MAPPER COORDINATE SYS11::M, Ft.A. EAST ZONE, '83/,90.
~~~~~-':i~ 2005. THIS IS NOT A SURVEY
~ "- -- - .' ~ -;- COONER &: ASSOCIATES. INC_
~~'<~:~~:-._._'-~::':~:'~>'~' 5670 ZIP D~~\lEYlF~lr:.~~~~IDA 33905
-""" A-tONE: (239)277-0722 FAX: (239)277-7179 EMAlL: SUR\lEYlNGOCOONER.COM
WENT: GRm.EY AND HANSEN, U.C DRAWN BY: DKT CHECKED BY: JNW
PARCEL DESCRIPllON: DATE: 04/05/05 SCALE: 1"-20' REV:
PERM, UTlUTY a: ACCESS EASEMENT IN THE
WEST 100' OF SEC 14-50-26 PROJECT No: 030705W.A DWG No:030705WA-CII SHEET: 1 OF 1
EXHIBIT .1L..
Page .!::12......of ...2.l.
Aqenda Item No. 10B
September 13. 2005
Page 50 of 64
PROJECT
PARCEL
FOLIO
701 <;'-1 :r-
7()/~;<
3t../.p
N/4
SKETCH AND DESCRIPTION OF .A
PERJlANENT UTILITY AND ACCESS EASEMENT (84.P)
IN THE WEST 100' OF SECTION 23, TOWNSHIP 50 S,
RANGE 26 E, COWER COUNTY, FLORIDA
P.O.c. PROPOSED PERMANENT
V, NW CCRNER unuTY '" ACCESS
SECTION 23 P.O.B.","", EASEMENT
N8T38'03-E t,
~ NORlH UNE SECTION 23 40.06' I
~ NBT38'03-E 60.10' \
f~
. HENDERSON CREEK ..~ .~
CANAL R/W (100')
40' j.
in ~
0> N
Ii CJI ,,;
u ~ . ~~
N
N 10 ~It: ~
10
........ <
0< .E!;.
ffi~ l-
f') XO ~ ffi
~tij ::E
N ~ molj
~ .
~ :::lit: ~~i5
1= ~ ....0 >-15Z::E
~ ~ ~0f3~
~I~mo
.... z ~ ~?~l5l5
z
:::a
. ~5:UI-I-It:
zolEZZ....
"- SOUlH UNE SECllON 23 I NB9"3729-W " aiii:o~~~
o I I '. I.~
~ 589"3729-E 60.00' 40,00' .. I.~ .lE!t.! I
~It: It:OOo
SW CORNER PROPOSED PERMANENT UIt:OO:O:z
SECTION 23 unuTY '" ACCESS
EASEMENT
DESCRtPllON OF' A PERMANENT UTIUlY AND ACCESS EASEMENT LYING IN THE EAST 40 FEET OF' THE WEST 100 FEET
OF' SECTION 23, TO'MIISHIP 50 SOUTH, RANGE 26 EAST; COWER COUNlY, FLORIDA; MORE PARTICULARLY DESCRIBED
AS Fou.OWS:
COMMENCING AT THE NORlHWEST CORNER Of SAID SECTION 23, lHENCE RUN NBT38'03-E, A DISTANCE OF 60.10
FEET ALONG THE NORTH UNE Of SAID SECTION TO THE POINT Of BEGINNING; THENCE CONTINUING ALONG SAID
NORTH UNE N87"38'03-E, A DISTANCE Of 40.06 FEET TO THE EAST UNE Of THE HENDERSON CREEK CANAL
RIGHT-Of-WAY; THENCE RUN SOO'SO'44-W, A DISTANCE OF 5245.84 FEET ALONG SAID EAST UNE TO THE SOUTH
UNE Of' SAID SECTION 23; THENCE RUN N89"3729-W, A DISTANCE Of 40.00 FEET ALONG THE SOUTH UNE OF' SAID
SECTION 23; lHENCE RUN NOO"5O'44-E, A DISTANCE OF' 5243.92 FEET ALONG A UNE lHAT IS PARALLa WITH AND
40 FEET WESTERLY Of' SAID EAST UNE Of' THE HENDERSON CREEK CANAL RIGHT-Of-WAY TO THE POINT OF
BEGINNING.
CON.TMiljNG 209.7" SQUARE FEET OR 4.B2 ACRES, MORE OR LESS.
;:~~~":~y-&:,f),,; ~J:~ARCEl BEARING, DISTANCES, AND AREAS
- _-=-:::.u- ---~-:-":---- CALCULATED ARE BASED ON A RElD SURVEY OF'
= :t)AR~;-TO'MII5f;:N[}'(fOR. ntE RR~ LB6n3) SECTION 23. BASIS Of' BEARING: STATE PLANE
:; ~~ONAL 3U~ i'ND MAPPER . COORDINATE SYSTEW, Ft.A. EAST ZONE, '83/90.
~ . ;rH~~~ ~:: ~~r6 2005. THIS IS NOT A SURVEY
~~--::--c~,---.......~-~..,....-' COONER &: ASSOCIATES, INC_
~--'" - < :". SURVEYING AND MAPPING
'",.......... 5670 ZIP DRIVE. FORT MYERS, FLORIDA 33905
PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL= SURVEYlNGOCOONER.COM
CUENT: GREELEY AND HANSEN, LLC DRAWN BY: OI(T CHECKED BY: JNW
PARCEl DESCRIPnON: DATE: 04/05/05 SCALE: '--20' tREV:
PERM. UTIUTY a: ACCESS EASEMENT IN THE I
WEST 100' OF SEC 23-50-26 PROJECT No: 030705W.A DWG No:030705WA-ESW SHEET: 1 OF 1
EXHIBIT A
Page...:tLot ~
PROJECT
PARCEl
FOLIO
Agenda Item No. 10B
September 13, 2005
Page 51 of 64
701 S-I f-
7 () I '')-;2.,
;3 5"', P
Hili
SKETCH AND DESCRIPTION OF A
PERJlANENT UTILITY AND ACCESS EASEJlENT (85.P)
IN THE 'EST 1 DO' OF SECTION 26, TOWNSHIP 50 S,
RANGE 26 E, COlUER COUNTY, flORIDA
PROPOSED PERMANENT
UllLlTY & ACCESS
EASEMENT
P.O.B,
NORlH UNE SECllON 28 589'3729"E
589"3729"E 60.00' 40,00' (
HENDERSON CREEK
CANAl R/W (100')
40'
~ ;
,..:
~ ,..: ~~
~ ~
It.l ffia::
c~ -<
CI ~
N i5~ I-
~ :J:(J ~ i5
1= ~i 1Il~~
(J w I
:;; ~ : :g~i5
CJ> )-~Z2
W I ~ G~
Ii Z
d :J ~I~~(J
~ ~ Z ~~~~~
a:: ~i01E1-15
w ~~~~~!I
SOUlH LIE SEClIClN 28 NM"38'3rW
--- (J I I " I,~
40.00' ~I~ .IX!~I
a; o;qqd
HENDERSON CREEK (Ja::oQ.Q.Z
SW CORNER CANAL R/W (VARIES) JOG IN HENDERSON
SECllON 26 CREEK CANAL R/W
DFSCRtPllON or A PERMANENT UllUTY AND ACCESS EASEMENT LYING IN THE EAST 40 FEET or THE WEST 100 FEET
OF SECllON 26, TOWNSHIP 50 SOUTH, RANGE 26 EAST; COUJER COUNTY, FlORIDA; MORE PARllCUlARLY DESCRIBED
AS FOLLOWS:
.,.-..
COMMENCING AT THE NORTHWEST CORNER or SAID SECllON 26, THENCE RUN 589"37'29"E, A DISTANCE or 60,00
FEET AlONG THE NORTH UNE or SAID SECllON TO THE POINT or BEGINNING: THENCE CONllNUING AlONG SAID
NORTH UNE 589"3729"E, A DISTANCE or 40.00 FEET TO THE EAST UNE or THE HENDERSON CREEK CANAL
RIGHT-OF-WAY; THENCE RUN SOO"5O'44"W, A DISTANCE or 5267.48 FEET AlONG SAID EAST UNE TO THE SOUTH
UNE or SAID SECllON 26; THENCE RUN N89"38'3TW, A DISTANCE OF 40.00 FEET AlONG THE SOUTH UNE OF SAID
SECllON 26; THENCE RUN NOO'50'44"E, A DISTANCE Of' 5267.47 FEET ALONG A UNE THAT IS PARAu.EL WITH AND
40 FEET WESTERLY OF SAID EAST UNE or THE HENDERSON CREEK CANAL RIGHT-or-WAY TO THE POINT OF
BEG,I~MlNC;" "-. "
~ . . ) :.'. .
..,.Al{\uNG' 2~~.692~ARE FEET OR 4.8-4- ACRES. MORE OR LESS.
o Z~~~ -- ~t:ffi; ~...g~"i:."i, ~AREAS
= ,~,t;RRr~CTOYftl~D!iP.'OIL ~E F1RM LB6n3) BASIS or BEARING: STAlE PLANE COORDINATE
~~Al SUfl~ ",ND MAPPER SYSTEM, FtA, EAST ZONE, '83;90.
=U~~~o~~#~t 2005. THIS IS NOT A SURVEY
.... - ~ p , I ~ ;1". " ..
COONER & ASSOCIATES, INC.
SURVEYING AND MAPPING
5670 ZIP DRIVE. f'ORT MYERS, flORIDA 33905
PHONE: (239)271-0722 FAX: (239)271-7179 EMAlL: SURVEYlNGCCOONER.COM
WENT: GREELEY AND HANSEN, u..c DRAWN BY: OKT CHECKED BY: ....W
PARCEL DESCRIPllON: DATE: 04/05/05 SCALE: 1"-20' REV:
PERM. UllUTY ar: ACCESS EASEMENT IN THE
WEST 100' Of' SEe 26-50-26 PROJECT No: 030705W.A DWG NO:o:50705WA-E'SU SHEET: 1 Of' 1
""/",; ~~ p"
,...........
EXHIBIT A
Page~"3!:
PROJECT
PARCEL
FOLIO
Agenda Item NO.1 OB
September 13, 2005
7 oP5W' ~ of 64
7 01 ~ 2.
3~..?
;VIA-
SKETCH AND DESCRIPTION OF A
PERMANENT UTILITY EASEMENT (36.P)
IN THE WEST 1 DO' OF SECTION 11, TOWNSHIP 50 S,
RANGE 26 E, COLLIER COUNTY, FLORIDA
P.O.B.
~ NW CORNER
SECTION 11
N88i7'44'E
60.06'
NORTH LINE SECTION 11
FOREST GLENN OF
NAPLES SUBDIVISION
PLAT BOOK 31, PAGE 94
ii)::
OlZ
.0
et;i=
uu
......
......lI>
Z
:J~
~:J
~~
......olj
.......
ix:J:
0>.
'0
::;;~
o
z
~
~
... ix:J
b 01
l" r-:
o I"l
o
VI
1 >- olj
~ VI .D
1 e~gg
Oa::-'< .It}
'0 I ol=~~.....
I"') j:....::><o~
l ~ gfg;5~
< 0-
g ~
--
~~
lQa::
w-'
0<
zz
......<
Xu
w:.::
z.....
::;......
0::
......u
t
-
58S'17'44'W
60.06'
<>
I
HENDERSON CREEK
CANAL R/W (100') <
<
m:
C.R.-COUNTY ROAD
R/W - RIGHT-or-WAY
O.R. - OrFICIAL RECORDS BOOK/PAGE
P.O.B.-POINT or BEGINNING
P.O. C.-POINT OF COMMENCEMENT
NO.-NUMBER
DESCRIPTION OF A PERMANENT UTlUTY EASEMENT LYING IN THE WEST 100 FEET OF SECTION 11, TOWNSHIP 50
SOUTH, RANGE 26 EAST; COLLIER COUNTY, FLORIDA; MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 11, THENCE RUN N88i7'44"E, A DISTANCE OF 60.06 FEET
ALONG THE NORTH LINE OF SAID SECTION; THENCE RUN SOO'50'44"W, A DISTANCE or 37.98 FEET ALONG A LINE
THA T IS PARALLEL WITH AND 60 FEET EASTERLY OF THE WEST LINE OF SAID SECTION; THENCE RUN S88i 7' 44 'w. A
OISTANCE OF 60.06 FEET TO THE WEST LINE or SAID SECTION; THENCE ALONG SAID WEST LINE NOO'50'44'E, A
DISTANCE OF 37.98 FEET TO THE POINT OF BEGINNING.
CONTAINING 2,279 SQUARE FEET OR 0.05 ACRES, MORE OR LESS.
~-7 I
---~~~------
tmlE;
THE PARCEL BEARING, DISTANCES, AND AREAS
CALCULA TED ARE BASED ON A FIELD SURVEY OF
SECTION 11. BASIS OF BEARING: STATE PLANE
COORDINATE SYSTEM, FLA. EAST ZONE, '83/'90.
THIS IS NOT A SURVEY
COONER & ASSOCIATES, INC.
SURVEYlNG AND MAPPING
: 5670 ZIP DRIVE, FORT MYERS, FLORIDA 33905
PHQNE;.(.239);2.77-q722 FAX: (239)277-7179 EMAIL: SURVEYlNGOCOONER.COM
CLIENT: GREE~Y'~riro. t-fM\iStFl. u.c .-' DRAWN BY: DKT CHECKED BY: JNW
PARCEL DESCRIf'.T1~,"'''-''- -...' DATE: 04/05/05 SCALE: 1"=20' !REV: 4-27 05
PERMANENT UTlLlTY'-l;;A~,.:j rJolf'
WEST 100' OF SEC 11.!~i'6'~'-'- PROJECT No: 0.30705W.A DWG No:030705WA-ESM I SHEET: 1 OF 1
DARREN TOWNSEND (FOR TttE FIRM LB6773)
PROFESSIONAL SURVEYQR:1\ND MAPPER
FLORIDA LICENSE NO... ,L.l> ~f'476
THIS ~1..0AY OF .- ~'. tUL:....~_ 2005.
..' "...~.
~",.,<.: .
EXHIBIT -LL
P8ga~ --2.:.L
Aaenda Item No. 10B
Se[2tember 13, 2005
7 t>r/'6ija ~ of 64
PROJECT 7 Of S-:2.
PARCEl 37. ?
FOLIO N /A
SKETCH AND DESCRIPTION OF A
PERJlANENT UTILITY EASEJlENT (87.P)
IN THE WEST 100' OF SECTION 11, TOWNSHIP 50 S,
RANGE 26 E, COWER COUNTY, FLORIDA
P.O.c.
I / NW CORNER
V SEC~ON 11
1\ \j
--
It)-
~~
cr:F= iD
~~. i
z....
::lz
~::l
a::1Il
......
HENDERSON CREEK
CANAL R/W (100')
.~
j,
~~
1.
---
NOR'TH UNE
SECTION 11
588"44'SO"E
80.00'
60.00'
N89'44'SO.W
I-
15",
%'"
;tll-
.rtJz
",-<",
l1.o\j::!
Q?;:ln
~::l~
~i=
.r::>
11.
...---t--- PROPOSED TEMPORARY
CONSTRucnON EASEMENT
1Il
. ;
~~
- i
KEX:
C.R.-COUNTY ROAD
R/W - RIGHT-OF-WAY
P,O.B,-POINT OF BEGINNING
P.O.C.-POINT OF COMMENCEMENT
NO,-NUMBER
D~IPTlON OF A PERMANENT UTlUTY EASEMENT L'I1NG IN 'THE WEST 100 FEET OF' SECTION 11, TOWNSHIP 50
SOU'TH, RANGE 26 EAST, COWER COUNTY, FLORIDA:
COMMENCING AT 'THE NOR'THWEST CORNER OF SAID SECTION 11, 'THENCE RUN SOO'5O'44.W, A OtSTANCE OF 843.76
FEET ALONG 'THE WEST UNE OF SAID SECTION AND 'THE EAST RIGHT-OF-WAY UNE OF COUNTY ROAD 951 TO 'THE
POINT OF BEGINNING; 'THENCE RUN ssg'44'SO.[. A OtSTANCE OF 60,00 FEET: 'THENCE RUN SOO'50'44-W, A
OtSTANCE OF 15.00 FEET ALONG A UNE 'THAT IS PARAllEL W!'TH AND 50 FEET EASTERLY OF 'THE WEST UNE OF'
SAID SECTION: 'THENCE RUN N89'44'SO"W. A DISTANCE OF 60.00 FEET TO SAID WEST UNE AND EAST RIGHT-OF-WAY
UNE: 'THENCE RUN NOO'5O'44-[. A DISTANCE OF 15.00 FEET ALONG SAID WEST UNE AND EAST RlGHT-OF'-WAY UNE
TO 'THE POINT OF BEGINNING,
CONTAINING 900 SQUARE FEET OR 0.02 ACRES. MORE OR LESS.
/;1iE?/!JI. 'IW~""a. BE,"'.o. DISTANCES, AN. AREAS
~ - --,.. -~-;..--- CALCULATED ARE BASED ON A Rao SURVEY OF
;~SN .:fuWNSENif:.(rci- jJiE ARM LS6n3) SECl10N ". BASIS OF BEARING: STAlE PLANE
:: ';:f'ROf'lBSWNAL !lJR~ AND MAPPER COORDINAlE SYSlDot, F1.A. EAST ZONE. '83/90,
~ '~~~~'.:~Z5 2005. THIS IS NOT A SURVEY
~~~ /~""" .>.--:;.:~, COONER &: ASSOCIATES, INC.
~ /'- . . . , .. . ...r:.. ~ SURVEYING AND MAPPING
'~,~~;.:- "l~,.~ ~:.~,aa~
...,..."........ 5670 ZIP DRIVE, FORT MYERS, FLORIDA 33905
PHONE: (239)277-0722 FAX: (239)277-7179 EMAlL: SURVEYlNGOCOONER,COM
CUENT: GREELEY AND HANSEN, LLC DRAWN BY: DKT CHEa<ED BY: "'W
PARCEL DESCRIP'TlON: DAlE: 04/05/05 SCALE: '-.30' REV:
PERMANENT UllUTY EASEMENT IN lHE
WEST 100' OF SEC 11-50-28 PRo.ECT No: 030705W.A DWG NO:03070i5WA-ESM SHEET:' OF ,
EXHIBIT 4-
Page.l:t1.-of ~
PROJECT
PARCEL
F Oll 0
Aoenda Item No.1 DB
September 13. 2005
7of~! ~ of 64
70{~::L
:3 'i? P
N/A-
SKETCH AND DESCRIPTION OF A
PERJlANENT UTILITY EASEJlENT (S8.P)
IN 'THE WEST 100' OF SECTION ", TOWNSHIP 50 S,
RANGE 26 E. COWER COUNTY, FlORIDA
P.O.C.
I / NW CORNER
I SEC~ON 11
i "J
~
j,
~W
J.
---
NORTH UNE
SECl10N 11
--
Ill-
~~
D;F=
00
will
z
::Jw
z
~::J
cr~
w~
io
,...
18
I")
-
HENDERsON CREEJ(
CANAL R/W (100')
>-
~fIl
Zlll
.w
::!U>-
Q:UZ
w.w
I>.",,~
8~~
~::;l4I
1>.1=
li?::>
I>.
~
~
~
8
UI
1\
"J
N89'47'35-r
80.01'
60.01'
S89'47'35"W
NUNEOFN
1/2 OF THE
~ N 1/2 OF THE
. i SW 1/4 OF THE
8 Q NW 1/4 OF
on fl SECllON l'
- ~
......-- ---- PROPOSEO rrMPORARY
CONSTRUCTION EASEMENT
P.O.B.
I
~8
.~ on
~ -
8
z
KEY;
C.R.-COUNTY ROAD
R/W - RIGHT-OF-WAY
P.O.B.-POINT OF BEGINNING
P.O. C.-POINT OF COUMENCEMENT
NO.-NUMBER
OESCRIPllON Of A PERMANENT UllUTY EASEMENT L'l1NG IN THE WEST 100 FEET Of SECllON 11, TOYt'NSHIP 50
SOU'!H, RANGE 26 EAST, COlUER COUNTY, FlORIDA:
COUMENaNG AT THE NORTH~ CORNER Of SAID SECllON 11, '!HENCE RUN socr5O'44"W. A DISTANCE Of 1388.78
FEET ALONG THE WEST UNE Of SAID SECllON AND '!HE EAST RIGHT-OF-WAY LINE OF COUNTY ROAD 951 TO THE
POINT Of BEGINNING; THENCE RUN N89'47'35"E, A DISTANCE Of 60.01 FEET: THENCE RUN SOO'SO'44"W. A
DISTANCE Of 15.00 FEET ALONG A UNE THAT IS PARALLa. WITH AND 60 FEET EASTERlY Of '!HE WEST UNE Of
SAID SECllON: THENCE RUN S89'47'35.W, A DISTANCE Of 60.01 FEET; TO SAID WEST UNE AND EAST
RIGHT-Of-WAY UNE; THENCE RUN NOO'5O'44"E, A DISTANCE Of 15.00 FEET ALONG SAID ~ UNE AND EAST
RIGHT-Of-WAY UNE TO '!HE POINT OF BEGINNING.
"<:r.rb: ';',,o' . ~~..?:. ,.'
;tr~ ....to
r,"r r,., " .. , ~ r
EXHIBIT JL
Page..5Lof .5L
PROJECT
PARCEL
FOLIO
Agenda Item NO.1 DB
September 13. 2005
Page 55 of 64
7C>/~ / .....
?~,~:2.
3 '1. p
Nffi-
SKETCH AND DESCRIPTION OF A
PERJlANENT UTILITY EASEJlENT (89.P)
IN THE WEST 100' OF SECl10N 11. TOWNSHIP 50 S,
RANGE 26 E. COWER COUNTY, FlORIDA
HENDERSON CREEK
CANAl R/W (100')
~ -:- S8.2-""..,"E
~ ! 80.37'
8 ::.... 80.37'
z ."""
\ I N820""",-W
P.D,B.
-~
. ~
! ~
..;;~
... - _ PROPOSED TEMPORARY
CONSTRUCTION EASEMENT
--
It)-
~~
GlOI=
t>t>
""~
Z""
::Jz
~::J
o:3k
""'"
~
;;
CD
t'f
...
~~
~..,
lEu...
",Uz
..,<..,
n.olIi3
Q~CIl
~::J~
~i=
",=>
n.
1&1
~
~
(8: P.D.C.
SW CORNER Of'
SECllON 11
S UNE~~~11
f\
~
- --
ISE:t
C.R,-COUNTY ROAD
R/W - RlOHT-Of'-WAY
P.D.B.-POINT Of' BEGINNING
P.D.C.-POINT Of' COMMENCEMENT
ND.-NUMBER
~PllON Of' A PERMANENT UllUTY EASEMENT LYING IN THE WEST 100 FEET Of' SECllON 11. TOWNSHIP 50
SOUTH, RANGE 26 EAST, COWER COUNTY, FLORIDA:
COMMENQNG AT THE SOUTHWEST CORNER Of' SAID SECllON 11, THENCE RUN Noo'5Q'44-E. A DISTANCE Of' 2681.19
FEET AlONG THE WEST UNE Of' SAID SECTION AND THE EAST RlGHT-Of'-WAY UNE Of' COUNTY ROAD 951 TO THE
POINT Of' BEGINNING; THENCE CONTINUE AlONG SAID WEST UNE AND EAST RlGHT-Of'-WAY UNE Noo'50'44-E. A
DISTANCE Of' 15.09 FEET; THENCE RUN 582'48'48"E. A DISTANCE Of' 60,37 FEET; THENCE RUN 5OO"5O'44-W, A
DISTANCE Of' 15.09 FEET AlONG A UNE THAT IS PARALLEL. WITH AND 60 FEET EASTERLY Of' THE WEST UNE Of'
SAID SECllON; THENCE RUN N82048'48-W, A DISTANCE Of' 80.37 FEET TO SAID WEST LINE. SAID EAST
RlGHT-Of'-WAY UNE AND THE POINT Of' BEGINNING.
CONT~~fIIG 1105. ,~QUARE FEET OR 0,02 ACRES. MORE OR LESS.
,,~.' ,~. .. ..
~.~~:'/0<~~~{~
~~~-----
ItARRQi loWNsaiD lrtiR. niE FIRM LSSnJ)
~Al ~~AHD MAPPER
FtOR\I);.\,UCENSE ttO..~1l!76
~_~ DAYor- ~IU(" 2005,
~;:. .7
HQIE:
THE PARCEl BEARING, DISTANCES, AND AREAS
CALCULATED ARE BASED ON A FIELD SURVEY Of'
SECTION 11, BASIS Of' BEARING: STAlE PLANE
COOROlNAlE SYSTEM, F1..A. EAST ZONE. '83/90,
THIS IS NOT A SURVEY
COONER &: ASSOCIATES, INC.
SURVEYING AND MAPPING
5670 ZIP DRIVE. FORT MYERS. FLORIDA 33905
PHONE: (239)277-0722 FAX: (239)277-7179 EMAlL: SURVEYlNGOCOONER,COM
WENT: GREELEY AND HANSEN, u.c DRAWN BY: DKT CHECKED BY: J.N.W.
PARCEL DESCRIPllON: DATE: 04/05/05 SCALE: 1.-30' I REV:
PERMANENT UllUTY EASEMENT IN THE
WEST 100' Of'SEe 11-50-26 PRo.ECT No: 030705W.A DWG NO:030701!1WA-ESU ISHEET: 1 Of' 1
r,.., '..~~.._ . ~ ~ ~,
"f~1
',.......... .'
~.....'", .f
EXHIBIT ...L:L
Page....sLot --5.2..
Agenda Item NO.1 DB
Sep?,~e0'3.f.W05
PROJECT ~5r~~f64
PARCEL '-/0, P
FOLIO IV/A
. SKETCH AND DESCRIPTION OF A
PERJlANENT UTILITY EASEMENT (40.P)
IN lHE WEST 100' OF SECl10N 11, TOWNSHIP 50 S,
RANGE 26 E, COWER COUNlY, FlORIDA
HENDERSON CREEK
CANAl R/W (100')
S88"08'05"E
60.01'
Iol
)8
~ iii
8 - 60.01'
Z \ ~. N88"08'05.W
P.O.B. f\
"4
.
. :
8 .
~ ~
......-r-.- PROPOSED TEMPORARY
CONSTRUCTION EASEMENT
Iii::
O:i!5
0::1=
C,)~ b
Iollll co
Z::J LlI ..;
Z ..,
~::J ",
0: !I:
w'""
....
~~
~w
:::;u....
a:uz
w<w
1>.~2i
~~~
0...1
1>.;:::
o~
a:
I>.
w
:
~
8
~riP'O'C'
sw CORNER OF
SECllON 11
! S UNE ~Cll~11
~
.
KEX:
C.R.-COUNTY ROAD
R/W - RIGHT-Of-WAY
P.O.B.-POINT Of BEGINNING
P.O. C.-POINT Of COUMENCEMENT
NO.-NUMBER
I\,
"4
- --
DESCRlPllON OF A PERMANENT UllUTY EASEMENT LYING IN lliE WEST 100 FEET Of SECllON 1,. TOWNSHIP 50
SOUlli, RANGE 26 EAST. COWER COUNTY. FlORIDA:
COUMENClNG AT lliE SOUlliWEST CORNER Of SAID SECllON 11, TIiENCE RUN Noo'SO.....E, A DISTANCE Of 533.60
FEET AlONG lliE WEST UNE Of SAID SECllON AND lliE EAST RIGHT-Of-WAY UHE Of COUNTY ROAD 951 TO lliE
POINT Of BEGINNING; THENCE CONllNUE AlONG SAID WEST UNE AND EAST RIGHT-Of-WAY UNE NOO'SO.....E, A
DISTANCE Of 15.00 FEET; TIiENCE RUN S88"08'05.E, A DISTANCE OF 60.01 FEET; lliENCE RUN SOO'SO.....W. A
DISTANCE Of 15.00 FEET AlONG A UNf TIiAT IS PARAlI.E1.. Willi AND 60 FEET EAS1!RLY OF lliE WEST UNE Of
SAID SECllON; lliENCE RUN N88"08"05.W. A DISTANCE Of 80.01 FEET TO SAID WEST UNE, SAID EAST
RIGHT-Of-WAY UNE AND lliE POINT Of BEGINNING.
CONTAINING 900 SQUARE FEET OR 0.02 ACRES, MORE OR LESS.
wm:
lliE PARCEl.. BEARING, DISTANCES, AND AREAS
CAlCULATED ARE BASED ON A FIELD SUR'YEY Of
SECllON 1,. BASIS Of BEARING: STAlE PLANE
COORDINATE SYSTEM, FlA. EAST ZONE, '83/'90.
THIS IS NOT A SURVEY
"":~~~'>'--" ,.':'~"".'>-; COONER &: ASSOCIATES, INC.
",' SURVEYING AND MAPPING
.,......... n" .... 5670 ZIP DRIVE, FORT MYERS. FlORIDA 33905
PHONE: (239)277-0722 FAX: (239)277-7179 EMAlL: SURVE'i'lNGOCOONER.COM
CLIENT: GREELEY AND HANSEN, u..C DRAWN BY: OKT CHECKED BY: J.N.W.
PARCEl. DESCRlPllON: DATE: 0+/05/05 SCALE: '.-30' I REV:
PERMANENT UllUTY EASEMENT IN THE I
WEST 100' OF SEC 11 50-28 PRo.ECT No: OJ0705W.A DWG NO:0307Ol5WA-ESM SHEET: 1 Of 1
""":tz :--
,"" '. ';{
.."':.... L';( ~.- ~.'O. '.~ ..~_ ,,-
'.2r2 ---~;__L----
~SDII{{r.drf. ~E ARM LB8n3)
Al SUR~'!NO MAPPER
AORIflA.JJCENSE' Ne. ~-Ji1.S
'THIS ~ DAY OF':~ Ie... 2005.
,.,. ~~ ~. - ~
EXHIBIT 4
Page5Lot3!C
PROJECT
PARCEL
F OLl 0
Agenda Item No, 1 DB
September 13. 2005
7 (!j1.~"7'1bf 64
701 !):2..
4/, P
IV/A-
SKETCH AND DESCRIPTION OF A
PERMANENT UTILITY EASEMENT (41.P)
IN THE WEST 100' OF SECTION 14, TOWNSHIP 50 S,
RANGE 26 E, COLLIER COUNTY, FLORIDA
_..t NORTH LINE OF I
1l'J-
Ol rM~.'/' PROPOSED PERMANENT
,~ UTlU TY &: ACCESS
a:; 1= EASEMENT
<..><..>
\il}J
:JUJ ~
3:Z
,?
0:3:
UJa'd
HENDERSON CREEK
CANAL R/W (100')
!oJ
.
.,. S89'2'14"E
.,. ik
i5 .
8 60.00' 8 .,.
0 .,.
0 b
z ~ 60.00' iii lP
- 8
P.O.B. NB9'2'14"W
\ UI
w
. 0.
.,.
.,. l'
b ai
III co
0<
0 N <
Z P.O.C.
~ ~W CORNER OF
SECTION 14 "-
1
S LINE SECTION 1<4- ~
--
PROPOSED TEMPORARY
CONSTRUCTION EASEMENT
:>
KE.:!::
C.R.-COUNTY ROAD
R/W - RIGHT-Of-WAY
P.O.B.-POINT Of BEGINNING
P.O. C.-POINT OF COMMENCEMENT
NO.-NUMBER
DESCRIPTION Of A PERMANENT UTILITY EASEMENT L YlNG IN THE WEST 100 FEET Of SECTION 14, TOWNSHIP 50
SOUTH, RANGE 26 EAST, COLLIER COUNTY, fLORID A:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 14, THENCE RUN NOO'50'44"E. A DISTANCE OF 2619.79
FEET ALONG THE WEST LINE OF SAID SECTION AND THE EAST RIGHT-Of-WAY LINE Of COUNTY ROAD 951 TO THE
POINT Of BEGINNING; THENCE CONTINUE ALONG SAID WEST LINE AND EAST RIGHT-Of-WAY LINE NOO'SO'44"E, A
DISTANCE Of 15.00 fEET; THENCE RUN S89'12'14"E,A DISTANCE Of 60.00 fEET; THENCE RUN SOO'SO'44"W, A
DISTANCE Of 1S.OO fEET ALONG A LINE THAT IS PARALLEL WITH AND 60 fEET EASTERLY Of THE WEST LINE Of
SAID SECTION; THENCE RUN N89'12'14"W, A DISTANCE OF 60.00 FEET TO SAID WEST LINE, SAID EAST
RIGHT-OF-WAY LINE AND THE POINT Of BEGINNING.
CONTAINING 900 SQUARE FEET OR 0.02 ACRES, MORE OR LESS.
--~~-----
liQIE;
THE PARCEL BEARING, DISTANCES, AND AREAS
CALCULATED ARE BASED ON A RELD SURVEY OF
DARREN TOWNSEND (FOR THE FIRM LB6773) SECTION 14. BASIS OF BEARING: STATE PLANE
PROFESSIONAL SURVEYOR' AND MAPPER COORDINATE SYSTE" FL EAST ZONE '83 /'90
FLORIDA ICENSE. N. 0~'.~~76. . .... A. ,I'
THIS tl.f DAY ~f.~,: ...~c.;. ;_~, 200S. THIS IS NOT A SURVEY
:,-~'~4:..."" "'COONER & ASSOCIATES, INC.
:r'f' ' , r. " . SURVEYING AND MAPPING
: 5610 ZIP DRIVE. FORT MYERS, FLORIDA .3.3912
: PHONE:J.f~.n2..77-G722 FAX: (2.39)277-7179 Et.1AIL: SURVEYlNG<1lCOONER.CDM
CUENT: GREEt.f:Y:o.AN.o l!'6l:ilSf.'l.\l; U.C .;;. DRA\\1II BY; DKT CHECKED BY: J.N.W.
PARCEL DESC~'1"rel'l:o"",.,.' ....,. DATE: 04/05/0S SCALE; 1"-30' 1 REV: 4-27-05
PERMANENT UTILl1"1(,.,t~~~'jHl
WEST 100' OF SEe .1~~~E>.o"" PROJECT No; 030705W.A DWG No:030705WA-ESM I SHEET: 1 OF 1
EXHIBIT 4-
Page.5.:Lof ....u-
PROJECT
PARCEL
FOLIO
Aqenda Item NO.1 OB
~~tn!1e( 1:>5-; 2005
7 a'1gg-5~f 64
'-I:2.?
/VIA
SKETCH AND DESCRIPTION OF A
PERJlANENT UTILITY EASEMENT (42.P)
IN THE WEST 100' OF SECTION 14, TOWNSHIP 50 S,
RANGE 26 E, COWER COUNTY, FlORIDA
~~
It)~
o:~
11;1=
Uu
ILIL..I
zen
::JILl
~~
ll::~
ILI-'I
HENDERSON CREEl<
CANAl R/W (100')
589'54'32-E
60.00'
~
. i
8 .
on ~
N ~
....
z
",,,,
z'"
""",
"'u....
ffi~ffi
o..__~
8~~
~:JW
II-~
0::0
a:
II-
8
on
N
N89"54'32"W
60.00'
P.O.B.
PROPOSED TE~PORARY
CONSTRuCnON EASE~ENT
S UN( SECllON 14
P.O.C.
SW CORNER
SEC110N 14
~
C.R.-COUNlY ROAD
R/W - RIGHT-OF-WAY
P.O. B.-POINT OF BEGINNING
P.O. C.-POINT OF COMMENCENENT
NO.-NUMBER
DESCRIPllON OF A PERMANENT UllUlY EASEMENT LYING IN THE WEST 100 FEET OF SECllON 14, TOWNSHIP 50
SOUTH, RANGE 26 EAST, COWER COUNlY, FLORIDA:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 14, THENCE RUN Noo'SO'<<-E. A DISTANCE OF 24.68
FEET ALONG THE WEST UNE OF SAID SECllON AND lliE EAST RIGHT-OF-WAY UNE OF COUNlY ROAD 951 TO THE
POINT OF BEGINNING; THENCE CONl1NUE AlONG SAID WEST UNE AND EAST RIGHT-OF-WAY LINE NOO'SO'<<"E. A
DISTANCE OF 25.00 FEET; lliENCE RUN 589"54'32"E. A DISTANCE OF 60,00 FEET; THENCE RUN SOO'SO'<<"W, A
DISTANCE OF 25.00 FEET ALONG A UNE THAT IS PARAlLEL WITH AND 60 FEET EAS'TERLY OF THE WEST UNE OF
SAID SECl1ON; THENCE RUN N89"54'32-W, A DISTANCE OF 60.00 FEET TO SAID WEST UNE. SAID EAST
RIGHT-OF-WAY UNE AND THE POINT OF BEGINNING.
CONTAINING 1,500 SQUARE FEET OR 0.03 ACRES. MORE OR LEss.
~.. ~ t. f , ( ~ ~ .
. - . .
. .
. . .
$"02::;Ti2:~;i\
.::-. ~. .. ~ .~
-..... . - --- -------
-. ."~EJt;T~ (F.dR,~ ARM LB6n3)
P.Ii~f)NAl ~\'EJOR' M:O MAPPER
D.J;,!;K:ENSE-:NO: US ~6
::rws .~cDAY OF/ :. VL 2005.
-.. . '. # - "..
timE;
THE PARCEl BEARING, DISTANCES, AND AREAS
CALCULATED ARE BASED ON A AElD SURVEY OF
SECllON 14. BASIS OF BEARING: STATE PLANE
COORDINATE SYSTEM, FlA. EAST ZONE. '63i90.
lHlS IS NOT A SURVEY
~~~<'.o.~.-.~."'''''';~''~~.C~:/' COONER &: ASSOCIATES, INC.
SURVEYING AND MAPPING
.......... 5670 ZIP DRIVE. FORT MYERS. FLORIDA 33905
PHONE: (239)277-0722 FAX: (239)277-7179 EMAIl.; SUR\lEYlNGOCOONER.COM
CLIENT: GREElEY AND HANSEN, U.C DRAWN BY: DKT CHECKED BY: J.N.W.
PARCEL DESCRIPTION: DATE: 04/05/05 SCALE: 1"-30'
PERMANENT UllUlY EASEMENT IN THE
WEST 100' OF SEC 14-50-26 PROJECT No: 030705W.A
REV:
. DWG NO:0307OSWA-ESM SHEET: 1 OF 1
EXHIBIT .JL.
Page...:t:Lof ~
PROJECT
PARCEL
FOLIO
Agenda Item No, 1 DB
September 13, 2005
Page 59 of 64
70 (5""1 r
70 I ~-:L
173,?
J.//A-
SKETCH AND DESCRIPTION OF A
PERJlANENT UTILITY EASEJlENT (48.P)
IN THE WEST 100' OF SECTION 2.3, TOWNSHIP 50 S,
RANGE 26 E, COWER COUNTY, FlORIDA
.1"'8
~ori
~ ...
8
z
S8li1'55'1rE
60.01'
80.01'
NlW55'1rW
,.
~I
I-
~1Il
:i~~
.,..z
It.-s~
cl:~
~:::i'"
&'"
.,::l
lL
PROPOSED TEMPORARY
CONSTRucnON EASEMENT
P.O.B.
...fO)
ItlN
GI
.~
a::F
Uu
~bl
::11&.1
~~
0:.
I&.I~
HENDERSON CREEK
CANAL R/W (100')
KEX:
C.R.-COUNTY ROAD
R/W - RIGHT-OF-WAY
P.O,B,-POINT OF BEGINNING
P.O.C.-POINT OF COUMENCEMENT
NO.-NUMBER
DESCRlP110N OF A PERMANENT U11UTY EASEMENT L VlNG IN THE WEST 100 FEET OF SEC110N 23, TOWNSHIP 50
SOUTH, RANCE 26 EAST, COWER COUNTY, flORIDA:
COUMENQNG AT THE NORTHWEST CORNER OF SAID SEC110N 23. THENCE RUN SDO'SO'44.W, A DISTANCE OF 2069,64
FEET ALONG THE WEST UNE OF SAID SECTION AND lHE EAST RIGHT-OF-WAY UNE OF COUNTY ROAD 951 10 lHE
POINT OF BEGINNING; THENCE RUN S89'SS'17"E, A DISTANCE OF 80.01 FEET: THENCE RUN SOO'SO'44.W, A DISTANCE
OF 15.00 FEET ALONG A UNE THAT IS PARALLEl. WITH AND 60 FEET EASTERLY OF THE WEST UNE OF SAID SECTION;
THENCE RUN N89'55'17"W, A DISTANCE OF 60.01 FEET: 10 SAID WEST UNE AND EAST RIGHT-OF-WAY UNE:
THENCE RUN NOO'5O'44.(, A DISTANCE OF 15.00 FEET ALONG SAID WEST UNE AND EAST RIGHT-OF-WAY UNE TO
THE POINT OF BEGINNING.
CONTAINING 900 SQUARE FEET OR 0.02 ACRES, MORE OR LESS.
..,.~"'''.
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.I'R~ALSU~ ~D MAPPER
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.:$1~~ DAY ~. ", ~L. 2005.
~.. . - ~
tiQIE;
THE PARCEl.. BEARING, DISTANCES. AND AREAS
CALCULATED ARE BASED ON A AELD SURVEY OF
SECllON 23, BASIS OF BEARING: STAlE PLANE
COORDlNAlE SYSTEM, FLA. EAST ZONE, '83/,90,
THIS IS NOT A SURVEY
~",:r.<~>..".,...<:~~'~~/ COONERsu~~S~~~~JES, INC.
", ,.- " .,- 5670 ZIP DRI\€, FORT MYERS, FLORIDA 33905
'"'",..,,,."~E: (239)277-0722 FAX: (239)277-7179 EMAlL.: SURVEYlNGOCOONER.COM
CUENT: GREELEY AND HANSEN, u.c DRAWN BY: DKT CHECKED BY: "'W
PARCEL OESCRIPllON: DATE: 0+/05/05 SCAlE: '..30' REV:
PERMANENT UTlUTY EASEMENT IN THE
WEST 100' OF SEe 23-50-26 PRO.ECT No: 030705W,A OWG No:030705WA-ESM SHEET: 1 OF 1
EXHIBIT 4
Page -55-oi3?r:
Agenda Item NO.1 OB
s6f7t~~/1;~2005
PROJECT "Iff'll'! ~ rJ. 64
PARCEL 44, 'P
FOLIO N Iff
SKETCH AND DESCRIPTION OF .A
PERJlANENT UTILITY EASEJlENT (44.P)
IN THE WEST 100' OF SECTION 26, TOYttolSHIP 50 S,
RANGE 26 E. COWER COUNTY, FLORIDA
P.O.C.
_10 < ~/ NW CORNER
~ N SECllON 26
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P.O.B.-POINT OF BEGINNING
P.D.e.-POINT OF COMMENCEl.fENT
NO.-NUMBER
DESCRIPllON OF A PERMANENT UllUTY EASEMENT L'tING IN lllE WEST 100 FEET OF SECllON 26. TOWNSHIP 50
SOUTH, RANGE 26 EAST, COWER COUNTY, FLORIDA:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECllON 26, THENCE RUN SOO"50'44-W, A DISTANCE Of 33n.07
FEET AlONG THE WEST UNE OF SAID SECllON AND THE EAST RIGHT-Of-WAY UNE OF COUNTY ROAD 951 TO THE
POINT OF BEGINNING; THENCE RUN 589"59'30-E, A DISTANCE Of 60.01 FEET: lllENCE RUN SOO"SO'44-W, A
DISTANCE OF 15.00 FEET AlONG A UNE THAT IS PARALLEl. WITH AND 60 FEET EASTERlY Of THE WEST UNE Of
SAID SECllON: THENCE RUN N89"59'JO-W, A DISTANCE Of 60.01 FEET: TO SAID WEST UNE AND EAST
RIGHT-OF-WAY UNE; THENCE RUN NOO"50'44-E, A DISTANCE Of '5.00 FEET ALONG SAID WEST UNE AND EAST
RIGHT-Of-WAY UNE TO THE POINT OF BEGINNING.
CONTAlN'N,~,~po_~ARE FEET OR 0.02 ACRES, MORE OR LESS.
/ff1:iJ0~-\ - ~'"\1:; ~~AN~'ru''''',..,~
PABREN ~SEND:{FOR:1HE3'1RM LB6n3) BASIS Of BEARING: STATE PLANE COORDINATE
~ SU~'ti)If /lND" MAPPER SYSTEM, FLA. EAST ZONE, '83i90.
Ft.cR~ UeENSE NO..-lS ~B NOT A SURVEY
Tli!S~~, DAY Of .:. ____ 1J'R-IL 2005. THIS IS
--<--,~ "." -:~ ". ..' COONER & ASSOCIATES, INC.
SURVEYING AND MAPPING
5670 ZIP DRIVE. FORT MYERS. F'LORIDA 33905
PHONE: (239)277-0722 FAX: (239)2n-7179 EMAlL: SURVEYlNGOCOONER.COM
CUENT: GREELEY AND HANSEN. LLC DRAWN BY: OKT CHECKED BY: ....W,PARCEl... DESCRlPl1ON: DATE: 04/05/05 SCALE: '--30' I REV:
PERMANENT UllUTY EASEMENT IN THE I,
WEST 100' Of SEC 26-50-26 PRO.ECT No: OJ0705W.A DWG NO:030705WA-ESM I SHEET: , OF 1
".
'....'r.
JOG IN E LINE OF
HENDERSON
CREEK CANAL RjW
IS NOT A SURVEY
COONER Be ASSOCIATES, INC.
SUR'YEYING AND WAPPING
5670 ZIP DRIVE. FORT WYERs, FLORIDA 33905
PHONE: (239)277-0722 FAX: (239)277-7179 EWAlL: SURVEYlNGOCOONER,COW
WENT: GREELEY AND HANSEN, LLC DRAWN BY: DKT CHECKED BY: JNW
PARCEL DESCRIPTION: DAlE: 04/05/05 SCALE: 1-.60' REV:
PERM. UllUlY Ie ACCESS EASEMENT IN lHE
WEST 100' OF SEC 26-50-26 PRO.ECT No: 030705W.A DWG No:030705WA-ESU SHEET: 1 OF 2
EXHIBIT ....d....
Page ..::i.Lof ..5.2-
PROJECT
PARCEL
FOLIO
Agenda Item No 10B
September 13, 2005
Page 61 of 64
701 ~I f-
701~':I-
'i 5"", P
N/A-
SKETCH AND DESCRIPTION OF A
PERJlANENT UTIUTY EASEMENT (45.P)
IN THE WEST 100' OF SECTION 26, TOWNSHIP 50 S,
RANGE 26 E, COWER COUNTY, FLORIDA
L1 . Noo'SO'<$.4-E 52.52'
L2 . NOO'SO'<$.4-E 65.39'
SOlIn! UNE
SECnON 215
CREEK
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R/W - RIGHT-OF-WAY
O.R. - ornaAL RECORDS BOOKIPAGE
P,O.B.-POINT OF BEGINNING
P.O.C.-POINT OF COMMENCEMENT
NO,-NUMBER
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lHE PARCEl.. BEARING, DISTANCES. AND
AREAS CALCULA 1m ARE BASED ON FIELD
SURVEY. BASIS Of' BEARING: STATE
PLANE COOROlNA TE SYSTEM, FlA. EAST
ZONE, '83/90.
NOT VAUD WItHOUT
DESCRIPllON ON SHEET 2 OF 2
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~ suRVEYoR AND MAPPER
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1HIS 1W'.~AY OF .~ 2005.
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HENDERSON
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EXHIBIT A
Page 5:Lof"'3:!r:
Agenda Item No. 108
September 13. 2005
Page 62 of 64
7 0 I ')1 r--
70 I S- ~
PROJECT
PARCEl
FOLIO
'-I5".P
lV/A-
SKETCH AND DESCRIPTION OF .A
PERJl.ANENT UTILITY EASEMENT (46.P)
IN TI-fE WEST 100' OF SECllON 26, TOWNSHIP 50 S,
RANGE 26 E, COWER COUNTY, FlORIDA
DESCRlPllON Of A PERMANENT unuTY EASEMENT LYING IN THE 'AfST 100 FEET Of SECllON 26, TO~SHIP 50
SOUTH, RANGE 26 EAST; COWER COUNTY, flORIDA; MORE PARllCULARL Y DESCRIBED AS FOlLOWS:
COMMENQNG AT THE SOUTHWEST CORNER Of SAID SECllON 26, THENCE RUN NOO'SO'.u"E. A DISTANCE Of 52.52
FEET ALONG THE WEST UNE Of SAID SECllON TO AN INTERSECllON WITH THE EAST RIGHT-Of-WAY UNE Of COUNTY
ROAD 951; THENCE CONllNUING ALONG SAID WEST UNE AND THE SAID EAST RIGHT-Of-WAY UNE NOO'SO'.u"E. A
DISTANCE Of 65.39 FEET TO THE POINT Of BEGINNING; THENCE CONllNUING ALONG SAID WEST UNE AND SAID EAST
RIGHT-Of-WAY UNE RUN NOO'SO'.u"E. A DISTANCE Of 125.89 FEET: THENCE RUN N23'5'30"E. A DISTANCE Of
157.36 FEET; THENCE RUN SOO'SO'.u"W, A DISTANCE Of 125.89 FEET ALONG A UNE THAT IS PARALlEL WITH AND
80 FEET EASTERLY Of THE WEST UNE OF SAID SECllON; THENCE RUN S23'5'30"W, A DISTANCE OF 157.38 FEET TO
THE POINT OF BEGINNING.
CONTAINING 7,553 SQUARE FEET OR 0.17 ACRES, MORE OR LEss.
~T~~ 1W1;~T SKETCH a: SIGNATURE THIS IS NOT A SURVEY
COONER & ASSOCIATES, INC.
SURVEYING AND MAPPING
5670 ZIP DRIVE. FORT MYERS, FLORIDA 33905
PHONE: (239)277-0722 FAX: (239)2n-7179 Et.4A1L: SUR'JEYlNGOCOONER.COM
CLIENT: GREELEY AND HANSEN, LLC DRAWN BY: OKT CHECKED BY: JNW
PARCEL DESCRIPllON: DAlE: 04/05/05 SCALE: N/A I REV:
PERM, UllUTY a: ACCESS EASEMENT IN THE
WEST 100' Of SEC 26-50-26 PRC>.ECT No: 030705W.A DWG No:0307ll!5WA-ESU I SHEET: 2 Of 2
CR951 Location Map
Exhibit "8"
Agenda Item No. 10B
September 13, 2005
Page 63 of 64
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Agenda Item NO.1 OC
September 13, 2005
Page 1 of 9
EXECUTIVE SUMMARY
Recommendation to assess the overall effectiveness and community value of the
Environmental Advisory Council (EAC) and provide direction with regard to attendance,
functions and future role as the County's environmental advisory board.
OBJECTIVE: To have the Board of County Commissioners (BCe) assess the future of the
EAC,
CONSIDERATION: An analysis was requested at the June BCC meeting when the BCC
reviewed and approved the Environmental Impact Statement (EIS) for the Kraft Construction
site, Staff was asked to prepare an executive summary for presentation to the BCC to more
carefully assess data related to the record of attendance for EAC committee members. Staff
reviewed all the records from all EAC meetings starting with the January 2003 meeting through
July 2005 meeting and presented that data to the Bce at their June 28, 2005 meeting.
,-
Attendance and Quorum data
The updated data includes August 2005 and is as follows:
. Attendance data and individual meeting data can be found in Exhibit A and IS
summarized in Table 1 for current members.
. Since January 2003, 52 land use petitions have been heard by the EAC.
. Two (2) land use items out of 52 were delayed as a result of the lack of a quorum.
. Two (2) meetings were cancelled by staff because there were no land use petitions to be
heard,
. Two (2) meetings were cancelled due to a lack of a quorum. Of those two meetings, one
did not have any land use petitions; only Land Development Code amendments had to be
rescheduled, and the other (the June 2005 meeting) caused two (2) land use petitions to
be rescheduled.
Table 1. Attendance Data
,-
Regularly
Scheduled
Meetings Percent
Members Missed Out of Attendance
Mr. Lee Horn 0 9 100%
Mr. Michael V. Sorrell 10 32 69%
Dr. Erica Lynne 8 32 75%
Dr. Judith Hushon 5 16 69%
Mr. Ken Humiston 4 32 88%
Mr. William Hughes 2 27 93%
Mr. Irv Kraut 2 8 75%
Mr. Terry Dolan 0 2 100%
Mr. Nick Penniman 1 3 67%
Agenda Item No. 10C
September 13, 2005
Page 2 of 9
EAC History and Responsibilities
In January 1999, the Collier County Commission consolidated the functions of the
Environmental Advisory Board (EAB) and the Environmental Policy and Technical Advisory
Board (EPT AB) into one advisory body, the Environmental Advisory Council (EAC). The
Commission subsequently appointed the required nine members to the EAC. The Council, as
now constituted, began deliberations in April 1999,
The EAC acts in an advisory capacity to the Collier County Planning Commission (CCPC) in
matters dealing with the regulation, control, management, use or exploitation of any or all natural
resources within the County; and in the review and evaluation of specific zoning and
development petitions and their impact on those resources. Specifically the powers and duties of
the EAC are defined in the LDC as follows:
The EAC shall review all land development petitions which require the following: an
environmental impact statement (EIS) per section 10.02.02 of the LDC; all developments of
regional impact (DRl); lands with special treatment (ST) or area of critical state
concern/special treatment (ACSC/ST) zoning overlays; or any petition for which environmental
issues cannot be resolved between the applicant and staff and which is requested by either
party to be heard by the EAC. The EAC shall also review any petition which requires approval
of the Collier County Planning Commission (CCPC) or the board of county commissioners
(BCC) where staffreceives a requestfrom the chairman of the EAC, CCPC or the BCCfor that
petition to be reviewed by the EAC. (8.06.03.0 Powers and Duties)
Analysis of alternatives
The BCC voiced concern at their June meeting that the EAC was not providing the developers a
timely opportunity for the petitions to be heard and advanced to the CCPC. The data shows that
with 52 petitions over the past 34 meetings, an average of 1.5 land use petitions are heard by the
EAC each month.
It is important that these petitions are heard in a timely manner. Since the EAC meets only once
a month, if a petition is not ready to be scheduled for an EAC meeting, it must be rescheduled for
the next scheduled meeting or one month later.
Possible alternatives to be considered are listed below.
Alternative 1. Do nothing. This alternative consists of maintaining the status quo. EAC would
continue to function as it has since the Environmental Advisory Board and EPT AB were
consolidated.
Advantage: One advisory committee, which focuses its attention on environmental
issues, especially those of a long-range planning nature with emphasis on problem solving,
Disadvantage: The continued need for staff to coordinate scheduling land use petitions
and environmental issues before the advisory board. Timing of proposals and advisory council
feedback becomes difficult when the board meets only once a month.
-
Agenda Item No. 10C
September 13, 2005
Page 3 of 9
Alternative 2. Incorporating the functions of EA C into the ccpe This alternative consists of
eliminating EAC and having the CCPC perform their current functions. This would require the
CCPC to add other topics to its current agenda, including environmental and water management
reviews and policy discussions.
Advantage: Reduces the number of advisory committees that require coordination by
staff for land development regulations and other proposals.
Disadvantage: Time needed to perform both functions, Regular EAC meetings now last
approximately 3 hours. Those issues will need to be reviewed by the CCPC. The make up of the
CCPC would need to change to incorporate at a minimum 4 members with technical expertise in
environmental issues,
This alternative would require LDC amendments to both the EAC and CCPC sections of the
Collier County Land Development Code to permit the combining of these two advisory boards.
The amendments could be processed with the first amendment cycle of 2006.
Alternative 3. Modify EAC's current structure. This alternative consists of increasing the
number of EAC meetings to two a month, Since the average number of petitions that are heard
by the EAC each month is just 1.5, there will most likely be times where no land use petitions or
issues are scheduled and as such resulting in justification to cancel the meeting.
Advantage: Increases the probability of petitions being scheduled to the EAC in an
expeditious manner.
Disadvantage: Add more workload to the Community Development and Environmental
Services (CDES) staff, which would need to schedule, prepare reports for and attend twice as
many EAC meetings.
FISCAL IMP ACT: There is no fiscal impact for this specific agenda item. Future fiscal
impacts will depend on BCC direction.
GROWTH MANAGEMENT IMPACT: CCME Policy 1.1.1 requires the County to have a
technical advisory committee to advise and assist the County in the development and
implementation of the County's environmental program. If the BCC chooses to terminate the
EAC it may be necessary to amend that GMP, unless another technical advisory committee
assumed those duties. CCME Policy 1.1.1 states:
By August 1, 1989, appoint, and establish operational procedures for a technical advisory
committee to advise and assist the County in the activities involved in the development and
implementation of the County Environmental Resources Management Program.
LEGAL CONSIDERATIONS: The EAC functions as an EIS review board pursuant to
Chapter 10 of the Land Development Code (Section 8.06.03.M) and its powers and duties are set
out in Section 8.06.03.0 as outlined above.
,-
RECOMMENDATION: That the BCC provide direction regarding the future of the EAC.
PREPARED BY: Barbara S. Burgeson, Principal Environmental Specialist, Environmental Services
-
Agenda Item NO.1 OC
September 13, 2005
Page 4 of 9
Exhibit A. EAC Meeting Summary (January 2003 to August 2005)
Date Present Name Absent Name
8/3/2005 Mr. William Hughes Dr. Erica Lynne Excused
Mr. Ken Humiston Mr. Irv Kraut Excused
Mr. Lee Horn
Mr. Michael V. Sorrell
Dr. Judith Hushon
Mr. Nick Penniman
Mr. Terrv Dolan
7/6/2005 Mr. William Hughes Dr. Judith Hushon Knee surgery
Mr. Ken Humiston Mr. Michael V. Sorrell Excused
Mr. Lee Horn
Mr. lrv Kraut
Dr. Erica Lynne
Mr. Nick Penniman
Mr. Terry Dolan
JUNE Mr. Michael V. Sorrell Mr. Ken Humiston Sick
Mr. William Hughes Dr. Judith Hushon Knee surgery
Mr. Lee Horn Mr. Irv Kraut Family emergency
Wife having
Dr. Erica Lynne Mr. Nick Penniman cancer treatment
Mr. Terry Dolan "NM" - 6/14/05
NO QUORUM EAC CANCELLED
5/4/2005 Mr. William Hughes Dr. Erica Lynne Excused
Dr. Judith Hushon Mr. Alfred F. Gal Resigned
Mr. Ken Humiston
Mr. Michael V. Sorrell
Mr. Lee Horn
Mr. Irv Kraut
4/6/2005 Mr. Alfred F. Gal
Mr. Ken Humiston
Mr. William Hughes
Mr. Michael V. Sorrell
Dr. Judith Hushon
Dr. Erica Lynne
Mr. Lee Horn
Mr. Irv Kraut
3/2/2005 Mr. Alfred F. Gal
Mr. William Hughes
Dr. Judith Hushon
Mr. Ken Humiston
Mr. Michael V. Sorrell
Dr. Erica Lynne
Mr. Lee Horn
Mr. Irv Kraut
".".-.,....
,-
Agenda Item NO.1 OC
September 13, 2005
Page 5 of 9
2/2/2005 Mr. Alfred F. Gal
Dr. Erica Lynne
Mr. Irv Kraut
Mr. Michael Bauer
Dr. Judith Hushen
Mr. Ken Humiston
Mr. Michael V. Sorrell
Mr. William Hughes
Mr. Lee Hern
1/21/2005 * Mr. Alfred F. Gal Mr. Michael V. Sorrell Excused
Mr. William Hughes Mr. Lee Horn "NM" 1-11-05
Dr. Judith Hushon
Mr. Ken Humiston
Dr. Erica Lynne
Mr. Irv Kraut "NM"
1/5/2005 Mr. Alfred F. Gal Mr. Ken Humiston Excused
Mr. William Hughes Mr. Joe Gammons Excused
Dr. Judith Hushon
Mr. Michael V. Sorrell
Dr. Erica Lynne
12/1/2004 Mr. Alfred F. Gal Dr. Judith Hushon Knee surgery
Mr. William Hughes
Mr. Ken Humiston
Mr. Michael V. Sorrell
Dr. Erica Lynne
Mr. Joe Gammons
11/3/2004 Mr. Alfred F. Gal Dr. Erica Lynne Excused
Mr. William Hughes Mr. Joe Gammons Excused
Dr. Judith Hushon
Mr. Ken Humiston
Mr. Michael V. Sorrell
October MOVED TO 9/30/2004
9/30/2004 Mr. Alfred F. Gal Mr. Michael V. Sorrell Excused
Mr. William Hughes Mr. Michael Bauer Resigned
Mr. Joe Gammons Mr. Ed Carlson Resigned
Dr. Judith Hushon
Dr. Erica Lynne
Mr. Ken Humiston
NO QUORUM/ NO
August PETITIONS STAFF CANCELLED
Mr. Alfred F. Gal Mr. William Hughes Excused
Mr. Michael Bauer Mr. Joe Gammons Excused
Mr. Ed Carlson Dr. Judith Hushon Excused
Dr. Erica Lynne Excused
Mr. Ken Humiston Excused
Mr. Michael V. Sorrell Excused
Agenda Item NO.1 OC
September 13, 2005
Page 6 of 9
7/7/2004 Mr. Alfred F. Gal Dr. Judith Hushon
Mr. Ed Carlson Dr. Erica Lynne Excused
Mr. William Hughes Mr. Ken Humiston Excused
Mr. Michael V. Sorrell
Mr. Joe Gammons
Mr. Michael Bauer
June NO PETITIONS STAFF CANCELLED
5/5/2004 Mr. Alfred F. Gal
Mr. William Hughes
Mr. Ken Humiston
Dr. Erica Lynne
Mr. Ed Carlson
Mr. Michael Bauer "NM"
Mr. Michael V. Sorrell
Dr. Judith Hushon "NM"
Mr. Joe Gammons
4/7/2004 Mr. Thomas Sansbury Mr. Michael V. Sorrell Excused
Mrs. Alexandra Ellis Mr. Joe Gammons Excused
Mr. Ed Carlson
Mr. Alfred F. Gal
Mr. William Hughes
Mr. Ken Humiston
Dr. Erica Lynne
3/3/2004 Mr. Thomas Sansbury Dr. Erica Lynne Excused
Mrs. Alexandra Ellis
MEMORANDUM
Agenda Item No. 9E
September 13, 2005
Page 21 of 30
s
Page 10f2
Agenda Item No. 9E
September 13, 2005
Page 19 of 30
'Ison s
.em: -
advisoryboards@colliergov.net
Sent: Wednesday, July 13.200510:00 AM
To: filson_s
Subject: New On-line Advisory Board Application Submitted.
~K~
Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
Tel: (239) 774-3602
Fax: (239)774-3602
~A--t]J"
. .
: ~.:J
~ .'
. ~
.:..:;~
July 13, 2005
Application for Advisory Committees I Boards
Name: Richard Schmidt Home Phone: 239-354-3490
Home Address: 2786 Orange Grove Trail
~
City: Naples Zip Code: 34120
Fax Number: No information provided. Business Phone: No information provided.
Email Address:rschmidt1956@earthlink.net
Place of Employment: Retired
How long have you lived in Collier County? 1-2 years
Have you ever been convicted of any offense against the law? No
Are you a registered voter in Collier County? Yes
Board I Committee Applied for: Emergency Medical Services Advisory Council
e
e
Q n " /') ()f)"
Experience I Background:
Most relavent to this position are the 32 years experience I
had as a paramediclfirefighter in Baltimore County,
Maryland. I was one of the original EMT instructors in the
State of Maryland when this program was inicially set up. I
also taught EMS as a member of the Maryland Institute of
Emergency Medical Services. I am a life member of the
Pikesville Volunteer Fire Company where I held positions
as a paramedidfirefighter, officer,and Vice-president. I
was a substitue teacher in Collier County for two years
when I first moved here. I have served as a Trooper with
the Florida Highway Patrol Auxiliary since 2003. As part of
that training I have maintained my EMT ststus. I am a very
active member of that group.
Agenda Item No. 10C
September 13, 2005
Page 7 of 9
12/8/2003 Mrs. Alexandra Ellis Mr. Thomas Sansbury Excused
Mr. William Hughes Mr. Ed Carlson Excused
Mr. Alfred F. Gal Dr. Erica Lynne Excused
Mr. Ken Humiston
Mr. Michael V. Sorrell
11/5/2005 Mr. Thomas Sansbury Mr. Michael V. Sorrell Excused
Mr. William Hughes
Mr. Alfred F. Gal
Mrs. Alexandra Ellis
Mr. Ed Carlson
Dr. Erica Lynne
Mr. Ken Humiston
10/1/2003 Mr. Thomas Sansbury Mr. Michael V. Sorrell Excused
Mr. William Hughes
Mr. Alfred F. Gal
Mrs. Alexandra Ellis
Mr. Ed Carlson
Dr. Erica Lynne
Mr. Ken Humiston
September NO PETITIONS Staff cancelled meetina
8/6/2003 Mr. Thomas Sansbury
Mr. Michael V. Sorrell
Mrs. Alexandra Ellis
Mr. Ken Humiston
Mr. William Hughes
Mr. Alfred F. Gal
Mr. Ed Carlson left @ 3:50
Dr. Erica Lynne left @ 1 :00
7/2/2003 Mr. Thomas Sansbury Mr. Michael V. Sorrell Excused
Mrs. Alexandra Ellis
Mr. Ken Humiston
Mr. William Hughes
Mr. Alfred F. Gal
Mr. Ed Carlson
Dr. Erica Lynne left @ 9:55
6/4/2003 Mr. Thomas Sansbury
Mr. Michael V. Sorrell
Mrs. Alexandra Santoro
Mr. Ken Humiston
Mr. William Hughes
Mr. Alfred F. Gal
Mr. Michael Coe
Mr. Ed Carlson
Dr. Erica Lynne
Agenda Item No. 10C
September 13, 2005
Page 8 of 9
5/7/2003 Mr. Thomas Sansbury Mr. Ed Carlson Excused
Mr. Michael V. Sorrell Dr. Erica Lynne Excused
Mrs. Alexandra Santoro Mr. Michael Coe Excused
Mr. Ken Humiston
Mr. William Hughes "NM"
Mr. Alfred F. Gal
4/2/2003 Mr. John Dowd Mr. Alfred F. Gal Excused
Mr. Michael V. Sorrell Mr. Ed Carlson Excused
Mrs. Alexandra Santoro
Mr. Michael Coe
Mr. Thomas Sansbury
Dr. Erica Lynne
Mr. Ken Humiston
3/5/2003 Mr. Thomas Sansbury Dr. Erica Lynne Excused
Mr. Michael Coe Mr. Michael V. Sorrell Excused
Mr. Ken Humiston
Mr. Alfred F. Gal
Mrs. Alexandra Santoro
Mr. Ed Carlson
Mr. John Dowd
2/5/2003 Mr. Thomas Sansbury Mr. Alfred F. Gal Excused
Mr. Michael Coe Mr. Ed Carlson Excused
Dr. Erica Lynne
Mrs. Alexandra Santoro
Mr. Michael V. Sorrell
Mr. John Dowd
Mr. Ken Humiston
1/8/2003 Mr. Thomas Sansbury .
Mr. Michael Coe
Mr. Ken Humiston
Mr. Alfred F. Gal
Mrs. Alexandra Santoro
Mr. Ed Carlson
Mr. John Dowd
Dr. Erica Lynne
Mr. Michael V. Sorrell
^~lend<l Item ~Jo
Septel1tJer
P8qe
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
10C
Meeting Date:
Rlo:cornrnen(JallOn 10 lUJ.sefiS Ihe ()V1~rall effectiveness al1d comlTllJl1j1y v(~I\H~ (l11he
Envll"orH'r)€nlal Advisory Council (EAC) and plQvide dir~c1ioll wilh regard~ to attendMce,
fLtnctions nnd future role 8slhe Countys environmenlal advisory board (JoReph K. Sc:llmitt
Administrator, Commullity Dcvelof)m0nl and Environmental Services Division)
9113120059:00:00 AM
Approved 8)-'
BarlJarn S. 8urgellon
Community Dovelopmlmt &
E.nvironmental Servlcell
Principal Envlronrncntal SpecialilH
0".
Environmental ServlCl'S
8/24/2005 4:11 PM
Approved By
Wilham D. Lorenzo., Jr., P.E.
Envlronml!111al SerVICOS Director
Dale
Community OfJvelopnmnt &
Environmenttll St'rvlce6
Environmental Services
6/24/20054:14 PM
Appw\'ed By
Snndra L~ll ExecutivE!' Secrelary
Community Oo\((!:jopmont & Commur'\lty Developml'nt &
Envtronrnenltll Service,. Environmomal Services Admin.
Date
8fZSf2005 9:28 AM
AI~Provcd B,)'
Constance A. Johnson Oper",UoOf> Analyst
Ontc
Community Development 8. Community Development &
Environm(!:ntlll Sorvic(!:s Environmental SerV1C~)S Admin.
8125/2005 9:43 AM
Approved By
JOf>eph K. Schmitt
Community Dllvelopment &
Environmental Services Admmstrtltor
D".
CommLJnity Development &
Envitonmental ServIces
Community Developmunt &
Environmentlll Services Admin.
8/2512005 1 :25 PM
A flprovcd By
OMB Coordinator
Administrati...e Auistant
Dm
County Manager'll Office
Office 01 Manag~ment & Budget
8/29/20059:32 AM
A IIJlro"ed By
Mark I&ackson
Budget' Analyst
03'l'e
County Manager's Offjce
Ofriee of M8J)8~menl & BUdget
B/2912005 5:17 PM
Apprtlved By
Mich/l(!1 Smykowski
M:magm'flont & BU(ige1 Director
Dote
County Man<lger's Office
Office of Mall9gerT14.':nt & Budget
8/29/20055:24 PM
AIJIJrOl'ed B,)
Jame!> V, Mudd
County Mannger
Date
Ba;lrd (]f County
Commissioners
Coun1y Mllnager's Office
8/3012005 3:4Q PM
~~ ~<#: IDe
Sep~r 131 2t1J)
p~. l tJ
Memorandum
To:
The Board of County Commissioners of Collier County (BCe)
cc:
Jim Mudd, County Manager
Joe Schmitt, Community Development and Environmental Services Division
Administrator
Cheri ROllin~"dministrative Assistant
From:
Date:
September 8, 2005
Subject:
Back-up Material regarding Bee Agenda Item 10C for September 13, 2005
Attached please find additional back-up material regarding Bee Agenda Item lOC for the
September 13th regularly scheduled Board Meeting. The attached memo was approved by
the EAC unanimously at the September 7, 2005 EAC meeting.
The EAe requested that the Bee have this memo prior to the Bee's September 13, 2005
meeting.
If you have any questions regarding this material, please feel free to contact me at 403-
2424.
Thank you.
.,--.---- ---~.-----
.-----,~
--
~~
Environmental Services Department
Community Development & Environmental Services Division
1ke~k :Q1tL ~ t,
~~eY- 131 ')
:U II
i
TO: The Board of County Commissioners of Collier County (BCC)
FROM' The Collier County Environmental Advisory Committee (EAC)
SUBJECT: Concerning the Future Role of the BAC
DATE: September 7,2005
The BAC is staffed by volunteers who have responded to requests by Collier County to
assist the BCC and County Staff to decide often complex environmental issues. Most of
us have extensive environmental experience which we bring to bear on each and every
petition placed before us. At the present time this expertise is well-balanced and includes
engineers, geologists and chemists as well as biologists and ecologists. Together we have
amassed a wealth of practical experience often with situations similar to those
confronting Collier County.
We wish to emphasize the following points:
· This is a volunteer group. It takes 2 to 8 hours per month to review the project
paperwork thoroughly and another 3 to 8 hours to participate in meetings. We are
not paid for this time.
· If the responsibilities of the BAC were delegated to the Collier County Planning
Commission (CCPC), the length of the CCPC meetings, and member preparation
time for meetings, would significantly increase. Often, the twice monthly CCPC
meetings last all day, and sometimes into the night. If these volunteers were
tasked with the additional review for environmental consistency, their workload
would substantially increase.
I
I
· Ifthe responsibilities of the BAC were eliminated altogether, the BCC would be
forced to make decisions regarding environmental consistency issues without the
benefit of recommendations from a highly qualified and knowledgeable
committee.
· Only one meeting at which land use petitions were to be reviewed has had to be
cancelled due to a lack of quorum and that occurred during the summer (June
2005) when the BCC itself takes a "breather."
· The BAC was prepared to hear the Kraft petition at their May meeting but it was
"pulled" by staff and then rescheduled for June 2005.
· When land use petitions are reviewed, we try to require appropriate modifications
to bring the projects into alignment with our GMP's intentions. These suggested
modifications, which have been accepted by the applicants help to improve the
future environmental conditions at their site.
A-eMct :r;~l1L iI Me
~~N.ber 1'3.' ~ao)
p~. /~
I
· The level of the science of the land use petitions brought before the EAC has been
improving. This means we have had a role in educating the petitioners on what
data are required and how they should be presented. This has been particularly
true where sampling and analytical data were acquired at the site and included in
the EIS.
· We are also expanding our knowledge of the Collier County land management
process and with this expanded knowledge we can review projects with more
insight and provide more relevant and applicable Comments on how they could be
improved. To this end, we have received some educational presentations and
expect to schedule more in the future.
We on the EAe strongly feel that the service we provide to the Bee is valuable and for
this reason we volunteer our time to do it. It does not appear that there is a need for twice
monthly meetings since we are keeping up with the workload under the current schedule.
The only possible change we might recommend would be the naming of some alternates
who could be asked to sit in if a quorum was not expected to be present. Given the
history ofthis advisory committee, however, even this does not appear to be required at
the present time. Our recommendation is that the Bee do nothing with regard to this
issue, allowing the status quo to continue.
..
~ e llLiol J.~tVl :# (6 C- I
S~fuher /3 l~~)
f~' J3 I
.1 .
~ ~177/~
Kenneth Humiston, Vice Chair
)
Terry Dolan
-::8.~_
~(L)>>,.~
J th Hushon, Ph.D.
~~~
aut
Nick Penniman
7fttc~(!~ ~/~1
Michael V. Sorrell
.,,-..
Agenda Item NO.1 00
September 13, 2005
Page 1 of 7
EXECUTIVE SUMMARY
Board to consider redistricting of the County Commission District boundaries and, if so directed, to
approve criteria for establishing those boundaries.
OBJECTIVE: To obtain direction from the Board whether or not to initiate the redistricting
process and, if directing staff affirmatively, to approve of staff using the criteria outlined further
below for the purpose of establishing new county commissioner district boundaries.
CONSIDERATIONS: Article VIII, Section 1 (e), of the Constitution of the State of Florida
requires that, after each decennial census, the Board of Commissioners are to divide the county
into districts of contiguous territories as nearly equal in population as practicable, with one
commissioner residing in each district elected as provided by law. Section 124.01(3), Florida
Statutes, further requires that .. The board of county commissioners shall ji-om time to time, fix the
boundaries of the above districts so as to keep them as nearly equal in proportion to population
as possible; provided, that changes made in the boundaries of county commissioner districts
pursuant to this section shall be made only in odd-numbered years." Therefore, if the Board
directs staff to commence redistricting, the Board will have to adopt new Districts no later than
December 2005.
The last redistricting occurred in 2001, following release of population data from the 2000
Census. The 2000 population resulting from that redistricting is shown below (Table 1). The
ideal population (total population of251,377 divided by 5) was 50,275. Following the 2001
redistricting, none of the five districts deviated from that ideal population by more than 1.6%.
TABLE 1
BCC 1 - Fiala 2 - Halas 3 - Henning 4- Coyle 5- Coletta sum
District
2000 50,229 49,492 50,884 50,341 50,431 251,377
Population
All County Commissioner districts have experienced population growth since the 2001
redistricting; however, the amount vrnies significantly among districts. Most notably, District 4,
which includes the City of Naples and its environs, has experienced the least population increase,
followed by Districts 1 and 2. District 3, which includes portions of the rapidly growing
Immokalee Road, Vanderbilt Beach Road and Collier Boulevard corridors, has experienced the
most growth, followed by District 5.
Mid-decade redistricting due to population growth last occurred in 1995. Population estimates
as of 2004, and the percent deviation from the ideal population, are shown below (Table 2). To
achieve population equity, each district would have a population of approximately 61,237
persons. For some perspective on these deviations, the 2000 District population (prior to the
2001 redistricting) contained these inequities: District 1 -- 19.1 % below ideal population, and
District 3 -- 14.7% above ideal population.
TABLE 2
1
Agenda Item NO.1 00
September 13, 2005
Page 2 of 7
BCC 1 - Fiala 2 - Halas 3 - Henning 4- Coyle 5- Coletta sum
District
2004 56,414 58,561 72,431 52,953 65,827 306,186
Population
Equity Pop. -7.9% -4.4% +18.3% -13.5% +7.5%
Deviation
IF the Board directs staff to commence redistricting, staff proposes the following three criteria be
used so as to comply with the Florida Constitution and Florida Statutes (these are the same
criteria approved by the BCC in 2001):
1. The population total of each district should be as similar as possible.
2. All districts should be as compact and regularly shaped as feasible.
3. The incumbent Commissioner's residence must remain in his or her current district.
Additionally, there are other considerations that must be taken into account, including:
a) avoiding retrogression (declining) of minority voting strength; b) maintaining communities of
interest; c) minimizing disruption to former districts; and, d) choosing well-defined and easily
recognizable boundaries.
Also, with the 2001 redistricting, uniformity was achieved between the district boundaries of the
School Board and the County Commission. It is presumed that both Boards desire to maintain
that uniformity. School Board staff has expressed an interest and willingness to again assist in
the redistricting effort.
As has occurred in the past, redistricting is expected to be a collaborative effort between staff of
the Community Development and Environmental Services Division, the County Attorney's
Office, the District School Board of Collier County, and the Supervisor of Elections Office.
Also, the Communications and Public Relations Department is expected to assist in a public
information role.
Redistricting is a major undertaking involving a significant amount of staff time (see Attachment
A, Redistricting Project, for the major components). Though staff did not track the time spent on
the last redistricting in 2001, which occurred over a six-month time period (began in May, new
map adopted in November), a rough estimate is that it took between 300 and 500 man-hours. If
staff (Comprehensive Planning) is diverted to that effort, it is expected to have some impact on
many other work projects and assignments (see Attachment B, Memorandum, dated August 23,
2005). Because of the sensitive nature of this project, and the short time period in which to
accomplish it, contracting for consulting services is not considered feasible.
FISCAL IMP ACT: If the Board gives direction to commence redistricting, it will result in
expenditure of funds: 1) to have public notices, and possibly other documents, translated into
Spanish and Creole; 2) to have notices - in English, Spanish and Creole - published in one or
more newspapers prior to public meetings; 3) possibly, to hire interpreters for public meetings (it
is hoped that the School District will provide personnel); and, 4) to publish the adopting
2
Agenda Item NO.1 00
September 13, 2005
Page 3 of 7
Resolution twice in the Naples Daily News, after adoption of new boundaries at a subsequent
Board hearing. The redistricting task itself will be assigned to existing County staff.
GROWTH MANAGEMENT IMPACT: This item has no Growth Management Plan impact.
LEGAL CONSIDERATIONS: The Board clearly has the prerogative to authorize redistricting
in this odd-numbered year. Inquiries at the State level (the Attorney General's Office and the
Florida State Senate, Select Committee on Apportionment and Redistricting) have received
informal opinions that redistricting between decennial census years is not required by law.
RECOMMENDA TION: Board to consider redistricting of the County Commission District
boundaries and, if so directed, to approve criteria for establishing those boundaries.
PREPARED BY: David Weeks, AICP, Planning Manager, Comprehensive Planning
Department
Ex Sum BeC redistricting direction, criteria approval FINAL#2
G, Camp, 2005 BCC Redistricting
dw/9-6-05
3
r\qenda Item No 1 DO
September 13, 2005
P<:lge 4 of 7
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
100
Bo~tr(j to C0J15idel redislriehng of 1hp County Commission Dis1rkt boundaries and, if so
directed. to approve criteria for establishing thm.e boundaries. (Joseph'" Schmitt,
Administrator, Community DevelQpmenll'lnd Environmental Services DivisIon)
Meeting Date:
9/13/20059:00:00 AM
Apl)rOved By
Jeff Klatzkow
Assistant County Attornoy
0'"'"
County Attorney
County Attorney Office
8/25120052:11 PM
A pprovcd By
COlldance A. Johnson Operations Analyst
Community Development & Community Development &
Environmental Services Environmental Services Admin.
Date
8125/2:0052:58 PM
A ppn)\'cd By
Sj]f1dra Lea Executive Secretary
Date
Community Development & Community Development &
Environmental Service. Environmental Services Admin.
6125(20053:13 PM
Approved By
Randall J. Cohon
Commuinty Planning nnd
Redevelopment Manager
Date
Community Development &
Environmental Services
Comprehensive Planmng
6!26/200511:5a AM
Approved By
DlIvld Weeks. AICP
Chief PIMner
Date
Community Development &
Environmental Services
Comprehensive Planmng
8/26/200512:53 PM
Approvcd By
Joseph K. Schmitt
CommunIty Development &
Environmental Services AdminstratOf
O.le
Community De\'elopment &
Environmentoal Services
Community Developme-nt &
Enviromnemal Servicer; Admin.
8/26/20057:55 PM
Aflproved By
OMS Coordinator
Adm~nisttlltive Assistllnt
Ome
County Manager's Office-
Ol'fice of Management & Budge1
8/29/20059:49 AM
Approved By
Mark Isackson
Budget Analyst
Ome
County Manllger'fj Office
Office of Management & Budget
8129/200511:16 AM
ApprO\'cd By
Michael Smykowski
Mlilnagement & Budgef Director
Date-
County Monagcr's Office
Office of Manaflement & Budget
8(291200$ 5:05 PM
Allprovcd By
JameS V. Mudd
County Manager
Date
Board of County
Commisliioners
County Manager's Office
Br30/2005 1 :05 PM
Attachment A, Redistricting Project
Agenda Item NO.1 00
September 13, 2005
Page 5 of 7
#
task
1 determine existing total population by BCC District
2 prepare ExSum for direction, and approval of criteria
3 determine capability/compatibility of Elections Office GIS with CDES GIS
4 possibly convert Census Block data into TAZs - total, and >18, population with minority data
5 determine extrapolation methodology for minority and voting age population increase (& distribution?)
6 prepare map alternatives (no less than 3)
7 prepare population spreadsheet for each alternative - total, >18, minority
8 create boundary description of each alternative
9 prepare minority population retrogression analysis of each alternative
10 place meeting dates/times/locations (and other info?) on govt. channels (11 & 54)
11 create and maintain redistricting web site on Comprehensive Planning page and/or County home page
12 schedule for HAAS and BAAB meetings
13 prepare agenda packet for HAAB and BAAB meetings
14 present map alternatives and related data to HAAB and BAAB
15 prepare summary notes from HAAS and BAAB meetings
16 schedule public meeting at County Government Center, in Golden Gate area, and in Immokalee area
17 obtain Spanish and Creole interpreters for each meeting
18 prepare public notice for each meeting
19 have public notices translated into Spanish and Creole
20 obtain legal review for each notice
21 prepare advertising for notices (in 3 languages) for Naples Daily News
22 for Immokalee meeting, send notices to Immokalee Bulletin as well??
23 for Immokalee meeting, post notices at post office, community park, other locations??
24 prepare agenda packet for each meeting
25 present map alternatives and related data at each of the 3 meetings
26 prepare summary notes from each meeting
27 schedule BCC hearing -- November or December?
28 obtain Spanish and Creole interpreters for the BCC hearing
29 prepare Resolution for each alternative
30 prepare legal ad for BCC hearing
31 have legal ad translated into Spanish and Creole
32 obtain legal review for legal ad
33 prepare legal advertising (in 3 languages) for NON
34 prepare Redistricting Report, an analysis of each alternative
35 prepare ExSum for adoption of new districts
36 present to BCC the map alternatives and related data, public comments received at various meetings, etc.
37 assist County Attorney's Office in preparing submittal for pre-clearance review bv U.S. Dept. of Justice
38 follow-up work with Graphics staff for the adopted map
39 after Dept. of Justice pre-clearance, place map on website
40 review and revise list of associations from BCC office to reflect change in Commissioner
Agenda.BCCAGENDA.] 5627
G, Compo 2005 Bee Redistricting
dw/S-2005
Attachment B
Agenda Item NO.1 00
September 13, 2005
Page 6 of 7
Memorandum
TO:
Joe Schmitt, CDES Administrator
FROM:
Randy Cohen, AICP, Interim Director, Comprehensive Planning Department
RE:
BCC Redistricting; Comprehensive Planning Department Staff Impacts and Project
Related Effects
DATE:
August 23,2005
The Comprehensive Planning Department currently has 14 budgeted positions consisting
of 12 professional planners and 2 planning technicians. Of the 12 professional planning
positions, there are currently 5 vacancies as a result of attrition. Comprehensive Planning
Department management, with the assistance of the County Human Resources
Department, is expediting the search in an attempt to fill those vacancies as quickly as
possible. However, there is a "planner" shortage nationwide that is acting as an
impediment in the attempt to attract qualified applicants with the capability of
implementing Collier County's complex GMP. Rising housing costs exacerbate the difficulty of
filling these positions.
Staff reassignments have occurred already in an attempt to meet existing deadlines for
projects already tasked by the BCC and county management. If the BCC issues a policy
directive to implement redistricting prior to the end of this calendar year, staff resources
will not be available to remain on schedule with current staff assignments. Current
staff is stretched so thin right now that meeting those deadlines is already problematic.
Therefore, it is prudent to analyze staff impacts and project related effects that would
transpire if the BCC so directs comprehensive planning department staff to
implement redistricting analysis and with the expressed intent of creating new BCC
districts. The project related effects are as follows:
1. Redistricting - Analysis completed by staff with new districts adopted by the BCC in
December 2005.
2. AUIR - December 2005.
3. 2005 Population update - Early September 2005 (prior to completion of 2005 AUIR).
4. East of County Road 951 Study - Preliminary report tentatively set for BCC
consideration on October 11, 2005. Consideration should be given for final report
preparation by outside consultant in order to meet October 2006 project deadline.
5. SSA Applications - LDC contains requisite review parameters that must be followed.
Additional SSA and SRA submittals are anticipated in the next two-three months.
6. Smart Growth/Community Character LDC Amendments - Completion by January 2006
for 2006 cycle 1.
1
Attachment B
Agenda Item NO.1 00
September 13, 2005
Page 7 of 7
7. EAR-Based GMP Amendments - Schedule delays inevitable with current staffing (but
must meet statutorily-mandated adoption deadline).
8. TDR Applications and processing - Delays anticipated with current staffing.
9. GMP Consistency Reviews - Ongoing with no delays.
10. Pre-Application meetings - Ongoing with no delays.
11. 2005 GMP Cycle Private Petitions - Delayed
12. Golden Gate Zoning Overlay - Will be completed in current LDC amendment cycle.
13. Immokalee Zoning Overlay - Ongoing staff support during next fiscal year. No delays
anticipated.
14. Immokalee Redevelopment Area staff support - No staffing issues anticipated.
15. Commercial and Industrial Property Inventories - Delayed.
16. Demographic and Economic Profile - Delayed.
17. Customer Service/Response to requests and inquiries from the public, development
industry, other County departments and agencies, other government agencies - Delayed
Response Time.
The aforementioned projects do not take into account the complexity of some ofthe submittals
that may be forthcoming. For example, complex SSA submittals in conjunction with an RLSA
village SRA will inordinately burden existing staff to the point that other priorities will have to
be shifted to meet deadlines imposed by BCC policy directive or county management.
The aforementioned project schedule, assuming BCC policy direction to implement BCC
redistricting, is optimistic with existing staff resources that are currently available in the
Comprehensive Planning Department. It will take an abundance oftime to replace the
institutional knowledge that has been lost in the last few months as a result of attrition. In the
interim period, comprehensive planning staff will strive to produce professional work products in
a timely manner consistent with BCC and management policy directives.
Regardless, it is inevitable that additional restructuring of staff resources will result in additional
adverse project related effects. Therefore, periodic project and staff updates will be provided in
order to meet all applicable time sensitive policy directives. It warrants reiteration that this
staffing predicament will not be rectified in the short term and the effects will be hard felt for at
least 6 more months.
Attachment B BCC Redistricting Staff Impact G, Comp, 2005 BCC Redistricting rc-dw/B-24-05
2
Agenda Item NO.1 OE
September 13, 2005
Page 1 of 44
EXECUTIVE SUMMARY
Recommendation to terminate for cause the Lease Agreement between
Collier County and Gulf Coast Skimmers Water Ski Show, Inc.
Obiective: To exercise the County's right under the Lease Agreement between the
County and Gulf Coast Skimmer Water Ski Show, Inc. to terminate the Lease for cause
effective Thursday, September 15, 2005.
Considerations: On March 8, 2005, the Board of County Commissioners approved a
recommendation to give notice of intent to terminate for cause the Lease Agreement
between the County and the Gulf Coast Skimmer Water Ski Show, Inc (Item 10G).
The Lease Agreement requires that the County provide the "Lessee with one hundred and
eighty (180) day termination notice. Said notice shall be effective upon placement of the
notice in an official depository of the United States Post Office, Registered or Certified
Mail, Postage Prepaid." Notice of intent to terminate, dated March 17, 2005 and
postmarked March 18, 2005, was provided in the manner as prescribed by the Lease.
-
Throughout the existence of the lease, Gulf Coast Skimmers Water Ski Show, Inc. has
experienced considerable internal conflict and has had a discordant relationship with
Collier County. In 1999 the Skimmers organization sustained internal factioning so fierce
that several incidents occurring on Demised Premises required the intervention of
Sheriffs deputies. A legal battle ensued.
The organization is once again experiencing internal turmoil, and on February 6, 2005
confrontations again demanded a police presence. On February 9, 2005, Glen Herriman,
current president of the organization and acting on its behalf, file a two-count Verified
Complaint and Ex Parte Emergency Motion for Temporary Injunction. That day, Acting
Circuit Count Judge Murphy entered an Order enjoining John Gursoy from entering the
Demised Premises or participating in Skimmers activities, and ordering Mr. Gursoy to
return property he seized without authority. The Complaint, Motion, and Order remain
valid.
The incessant infractions of the terms of the lease and volatile atmosphere within the
Skimmers organization continue to lead staff to believe that terminating the Lease
Agreement is in the best interest of the public.
Fiscal Impact: As a result of the termination of the Lease Agreement, Collier County
will reimburse the Gulf Coast Skimmer Water Ski Show, Inc. $218.33 in advance rent
payment.
-
Agenda Item NO.1 OE
September 13, 2005
Page 2 of 44
Growth Manaaement Impact: No Growth Management Impact is associated with
this action.
Recommendation: That effective September 15, 2005, the Board of County
Commissioners terminates the Lease Agreement between the County and the Gulf Coast
Skimmers Water Ski Show, Inc.
Prepared by: Mary Ellen Donner, Assistant Director, Parks and Recreation
--
,--
J>,genda liem No. 1[lE
Sep:emher1 J, 2C105
rJaoe 3 of 44
COLLIER COUNTY
BOARD Or: COUNTY COMMISSIONERS
Item Number:
Item Summary:
10E
Re(;CltllmenaallOIl to lerminr-lle tOI cause the Le<lf>e p{lrtlemenl between Collier COUllty find
Gulf Coast SkllTlmerli> Water Ski $how.lnc (MarlA Ramsey, Administrator, Public Se:rvices)
Meeting Date:
9/1312005 9:00:00 AM
AI1llrtwcd By
Kathy Carpenter Executive Secretary D"'"
Publtc Services Public Services Admin. 8/29/2005 1 :20 PM
Approved By
Murdo Smith Bea~h and Water Superintendent Date
Public Sorvlces Parks and Recrelltion 6/29.'20055:02 PM
Approved B;\"
Robort N. Zachl1ry Assistant County Attorney D"'.
County Attorney County Attorney Office 6/30l2D05 9:45 AM
AI)prO,,'cd B)-'
Marla Ramsey Public ~r\iiccG Administrator D"'.
Public Services Public Services Admin. e/30/200510:19 AM
A pprovcd By
OMB Coordinator Administr ntl've Assistant D...
County Manlilger'l) Office Office of Management & Budget 6/31120059;21 AM
APlmwcd By
GtU}I A. Vincent Mnntlgernent & Budget Anlllyst Dnte
County Manager's OffICe Office ot Management 8. Budget 8/31/200511:17 AM
AI)I)ro,'cd B~'
Michnel Smykowskl Management & Budgel Director D"",
County Manager's Office Office of Management &. Budget 8/31/200511:53 AM
AJlprovcd Sl
James V. Mudd County Manager Date
Board of County County Manager's Office ~'6/2005 1;48 PM
Commissioner6
Agenda Item No. 10E
September 13, 2005
Page 4 of 44
COLLIER COlJl~TY DMSION OF PUBLIC SERVICES
Park~ and Recreation Department
3300 SantaBarbara Boulevard · Naples, Fiorida34116 · (239) 353-(1404. E~\ (239) 353-1002
Website: colliergov.net
March 17.2005
Gulf Coast Skimmers Water Ski Show, Inc.
4002 Cindy Avenue
Naples, FL 34112
.,
Attention:
Glenn Herriman
President
Dear ~vfr. Herrimlli"1:
The Board of County Commissioners, at 111e Tuesday, March 8, 2005 meeting, approved
the termination of the Lease Agreement between Gulf Coast Skimmers Water Ski Show,
Inc. and Collier County.
As required by the Lease Agreement, the Gulf Coast Skimmers Water Ski Show, Inc. is
hereby being provided with a one hundred and eighty (180) days termination notice. By
way of this letter, the Lease Agreement benveen the Gulf Coast Skimmers \Vater Ski
Show, Inc. and Collier County will terminate on Tuesday, September 13, 2005.
Yours truly,
0/ /) I~ ~'''--J
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Murda Smith
Director. Interim
Collier County Parks and Recreation Department
c. Robert Zachary, AssistaIl1 Coumy Attorney
Marla Ramsay. Public Services Administrator
Jim Mudd, County Manager
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Agenda Item NO.1 OE
September 13, 2005
Page 5 of 44
COllIER CO~TY DIVISION OF PUBLIC SERVICES
Park." and Recreation Department
3300 Santa Barbara Boulevard · Naples, Florida 34116 · (239) 353-0404 · FAX (239) 353.1002
Weosite: colliergov.net
March 17, 2005
Gulf Coast Skimmers Water Ski Show, Inc.
288] 64th Street Southwest
Naples, FL 34105-7333
Attention:
Glenn Herriman
President
Dear Mr. Herriman:
The Board of County Commissioners, at the Tuesday, March 8, 2005 meeting, approved
the termination of the Lease Af:.'Tcement between Gulf Coast Skimmers Water Ski Show,
Inc. and Collier County.
As required by the Leaqe Agreement, the Gulf Coast Skimmers Water Ski Show, Inc. is
hereby being provided with a one hundred and eighty (180) days termination notice. By
V\lay of this letter, the Lease Agreement between the Gulf Coast Skimmers Water Ski
Show, Inc. and Collier County will terminate on Tuesday, September 13, 2005.
Yours truly.
J!Y;?ia-~~~
Murda Smith
Director, Interim
Collier County Parl::s and Recreation Department
C. Robert Zacna,'1', Assistant County Attorney
Marla Ramsay" Public Services Administrator
jim rvludd, County Manager
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Agenda Item No. 10E
September 13, 2005
Page 8 of 44
.-
RESOLUTION OF DIRECTORS
The Board of Directors of Gulf Coast Skimmers .Water Ski Show, Inc., at a duly called
meeting held on February 4, 2005, at which a quorum was present, adopted the following
resolution: . " ,
; I
. WHEREAS, John Gursoy has, on more than one occasion, operated the ski boats during
the Corporation's water ski show in a manner that could have resulted in the serious injury or
de8th of another person, and this conduct has been observed by several m~ of the .. ..
oiganizanon; and
W'HEREAS. allegations of sexual misconduct have been made against John Gursoy, and
while those allegations have not been proven and the Directors do not believe the allegations, the
Board must nevertheJess address this serlOUS situation, in order to uphold" the responsibility of the
Directors to the young people involved in the organization;. and
WHEREAS, the Corporation's boats and other property have been stolen and the
. Corporation's property at Lake Avalon has been vandaJi7.ed. all under circumstanceS that lead the
.Di.rect:Ors toa strong suspicion that John Gursoy bas conducted or been involved m,dJese .
. activities;
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IT IS THEREFORE RESOLVED, that John Gursoy, until further notice, shaU!not enter
uPon the Corporation's property at Lake Avalon, or upon the Corporation's half ofUke Avalon,
or participate in any ~vities of the Corporation or the water ski show. ." i ." "
. . I , .
IT ISFVRlHER RESOL VED,that JohnGursoy V1.illOO considered in trespass ifhe .
violates the prior resolution, in which case the Corporation's President, Glenn HCIIiman, is .
authorized to pursue all legal remedies available to the Corporation as a result of such trespass;
. .
". IT IS FURTI:lER RESOLVED, that demand is hereby made on John Gursoy,.by mcans,
. " of this teS()lution, for the return of all of the Corporation' s property improperly taken, including _
but not limited to all boats,alI keys both new and old, and all books and records of the ..
Co.rPoration.
" AND IT IS FINALLY RESOLVED, that the Corporation's President is authorized and
directed to take all steps necessary to effectuate these resolutions_
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Agenda Item NO.1 OE
September 13, 2005
. File Stamp anCf~e\t1rn
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IN TIlE CIRCUIT COURT OF THE TWENTIETII runICIAL CIRCUIT IN AND FOR
COLLIER COUNTY, FLORIDA CIVIL ACTION
GULF COAST SKIMMERS WATER SKI
SHOW, INC., a Florida corporation,
Plaintiff,
CASE NO. 05- ;J., :$ S-:'" cA-
VERIFIED COMPLAINT
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JOHN V. GURSOY,
Defendant.
Plaintiff GULF COAST SKIMMERS WATER SKI SHOW, INC., ("Skimmers"), by and
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through its underSigned counsel, sues Defendant JOHN V. GURSOY ("GUrsoy") and states:
1. This is an aqtion for injunctive relief and replevin of property with a value in excess
of$15,OOO.
=-
2. Skimmers is a Florida not-for-profit corporation with its principal place of business in
Naples, Collier County, Florida.
3. Skimmers operates a faith-based ministry that teaches children the sport of water
skiing and pr.oduces a weekly water ski show at Lake A vaIon within Sugden Regional Park (''the
. park").
4. Skimmers utilizes the park pursuant to a Lease Agreement with Collier County8ted C')
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January 7, 1997. A copy of the Lease Agreement is attached as Exhibit "A." g ~~
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5. Gursoy is an individ~aI who resides in Collier County, Florida. 0:> ~b
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6. Gursoy is the founder of Skimmers, the vice-president of Skimmers, and a member of ~ ~
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Agenda Item No. 10E
September 13, 2005
Page 10 of 44
Skimmers' Board of Directors.
7. In or. about January 2005, members of Skimmers' Board of Directors became
concerned about Gursoy's behavior toward other members of Skimmers.
. ,
8. Among otQ,er things, on or about January 30,2005, Gursoy endangered the lives of
several members of Skimmers during a water-ski show. Gursoy drove one of the boats that towed
the Skimmers water-ski team in a manner that was reckless while driving at excessive speeds,
venturing into unsafe areas of the water, and nearly causing multiple collisions.
9. During the week of January 31, 2005, the Skimmers' water ski boats and other
property located at Lake Avalon and at the home of Skimmers' President, Glenn Herriman
I ,
("Herriman"), ~ere stolen (and/or vandalized). Gursoyalso changed the locks on Skimmers'
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equipment she1s' at Lake Avalon, preventing Skimmers rightful access to Skimmers property.
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10. Gursoy subsequently stated that h/,': knows the whereabouts of the stolen Skimmers'
water ski boatsb.d prope~, and upon information and bel~ef, Gursoy perpetrated the theft of such
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property and other vandalism. Further, upon information and belief, Gursoy is currently iD. Wrongful
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possession of~kimmers' stolen property.
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11. On February 3,2005, Gursoy and a Skimmers youth entered Herriman's business at
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5630 Yahl Strbet, Suite 5, Naples, Florida without permission and forcibly removed from the
. I . .. . .
premises a filing cabinet containing Skimmers documents over the objection of, and under
. I .
circumstances causing fear to, persons working at the business at the time.
12. On February 4,2005, the Skimmers Board of Directors, by majority vote, approved a
resolution banning Gursoy from the Skimmers' leasehold at the park and demanding the return of ail
Skimmers' property taken by him or at his direction. A copy of the resolution is attached as Exhibit
M:\Hcrriman\Gursoy\Pleadings\Complaintl.doc
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Agenda Item NO.1 OE
September 13, 2005
Page 11 of 44
'''B.''
13. Gursoy is believed to have received the resolution attached as Exhibit "B."
Nonetheless, to date Gursoy has refused to comply with the resolution.
I
14. On February 6, 2005, Gursoy appeared 'at the Skimmers' leasehold at the park
wielding a knife and endangering the safety of other Skimmers' members including one member of
the Skimmers Board of Directors who voted to pass the resolution banning Ch.1rsoy from the
Skimmers' leasehold.
15. Gursoy has made threats to "take out" and or "take care of' those members of the
Skimmers Board of Directors who supported the resolution attached as Exhibit "B."
COUNT I aniunctive Reliet)
16, This is an action for injunctive relief:
a. to prevent Gursoy from e~tering upon Skimmers leasehold property at Lake
Avalon;
b. to prevent Gursoy from entering upon the real property wheremem.bers of the
Skimmers Board of Directors who supported Exhibit B live or work;
c. to prohibit GW'Soy from participating in Skimmers activities; and,
d. to require Gursoy to return all property belonging to the Skimmers.
17. Skimmers reallege paragraphs 1 through 15 as if fully set forth.
18. The Skimmers operates pursuant to By-laws, a copy of which is attached as Exhibit
"C."
19. The By-laws provide that the management of the organization is vested in the Board
of Directors and that the day-to-day operations are vested in the President.
20. Both the Board of Directors and the President have determined that Gursoy's
M:\HClTiman\Gursoy\Pleadings\Complaint2.doc
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.'
Agenda Item No. 10E
September 13, 2005
Page 12 of 44
'e'
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involvement in the Skimmers activities are unwelcome at this time and that Gursoy's presence at the
leasehold property presents a threat to the health, safety and well-being of members of the Skiinmers.
21. Gursoy has engaged in several instances of conduct in which he endangered and/or
, ' I
threatened the lives and ~afety of Skimmers' members and/or directors, in which he stole or
vandalized Skimmers' property, and in which he disregarded the resolution attached as Exhibit "B."
Gursoy continues to threaten the lives and safety of Skimmers' members and/or directors and to
wrongfully maintain possession of Simmers' stolen property. Additionally, Skimmers has upcoming
water skiing practices and shows for the public which it will be unable to perform without the return
of property stolen by Gursoy.
22. Accordingly, Plaintiff and its members will be irreparably harmed in the absence of
an injunction, and Plaintiff has no adequate remedy at law.
WHEREFORE, Plaintiff GULF COAST SKIMMERS' WATER SKI SHOW, INC.
respectfully requests this Court to enter an injunction:
a. preventing Gursoy from entering upon Skinuners leasehold property 'at Lake
Avalon;
. -
b. preventing Gursoy from entering upon the real property where members of
the Skimmers Board of Directors who supported Exhibit B live or work;
c. prohibiting Gursoy from participating in Skimmers activities; and,
d. requiring Gursoy to return all property belonging to the Skimmers.
COUNT II (Replevin)
23. Skimmers realleges paragraphs 1 through 15 as if fully set forth.
24. This is an action to recover property from Gursoy that belongs to Skimmers.
25. The property consists of the following:
M:\Hcrriman\Gursoy\Plcadings\Complain12.doc
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Agenda Item No. 10E
September 13, 2005
Page 13 of 44
1986 Mastercraft Ski Boat and Trailer; #MABAP16FI002875
1995 Hydra-Dyne Ski Boat and Trailer with twin Mercury 150 Engines
#FL7S5933F595
1997 Flats Boat with Single Mercury 30 Engine and Trailer
#FKH14212R797
1999 Skiff with 40 Mercury Engine and Trailer #TMYI0004T899
Two (2) four-drawer file cabinets
Skimmers Membership Records in two (2) file folders
One (1) Sound System
26. The value of the property exceed~ $15,000.
27. . To the best of Skimmers knowledge, infonnation and belief, the property is located in
Collier County, Florida.
28. The property is wrongfully detained by Gursoy.
29. Gursoy came into possession of the property by entering upon the Skimmers'
leasehold arid Herriman's office and residence and by taking the property without any right
whatsoever to do so.
30. The property has not been taken for any tax, assessment, or fine pursuant to law.
31. The property has not been taken under an execution or attachment against Skinuners'
property.
-
WHEREFORE, Plaintiff GULF COAST SKIMMERS WATER SKl SHOW INe ilia
, . prays t
M:\Hcrriman\Gursoy\Plcadings\Complaint2.doc
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Agenda Item NO.1 OE
September 13, 2005
Page 14 of 44
this Court direct the Clerk of Court to issue a writ of replevin to be executed on the above mentioned
goods and enter judgment in Plaintiff's favor for the value of said goods and all damages sustained
by Defendant's wrongful detention plus costs, interest, and ~y such further relief as this Court
deems just and proper.
Glenn Herriman declares and says:
I am the President of Gulf Coast Skimmers Water Ski Show, Inc. I have read the complaint
and know its contents to be true. I declare under pe ty of peIjury that the foregoing is true and
correct.
STATE OF FLORIDA
couNTY OF
Signed and sworn to before me on this tit!- day ofF ebruary, 2005 b~ Glenn Herriman as
President of Gulf Coast Skimmers Water Ski Sh
, '
tome.
Date:~,
....;",:... ''''WN R. SEOlU.O
l~~o!"'~"" "'" ,.
~.[ J'i MY COMUIS~'OH , DO. 391274
~ ~ EXPIRES. Mard14, 20m
"{.i1::i\.lp-' lloncIod Thn.t NoIIIIy NIIi: ~
COLEMAN, HAZZARD & TAYLOR, P.A.
By:
AJiI/;j .~
William J. ~d, E .
Florida Bar No. 0987239
Damian C~ Taylor, Esq.
Florida BarNo. 014000
Attorneys for Plaintiff
2640 Golden Gate Parkway, Suite 304
Naples, FL 34105 '
(239) 298-5200 1(239) 298-5236 telefax
,.:
M:\Herriman\Gursoy\Pleadings\Complaint2.doc
-6-
.
Agenda Item NO.1 OE
'September 13, 2005
Pa e 15 of 44
lie Stamp and Return
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR
COLLIER COUNTY, FLORIDA CIVIL ACTION
GULF COAST SKIMMERS WATER SKI
SHOW, INC., a Florida corporation,
Plaintiff,
CASE NO. 05- j 3 ~ -0<'1
v.
JOHN V. GURSOY,
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GULF COAST SKIMMERS WATER SKI SHOW, INC. ("Skinmiers"), a Flonaa ~
PLAINTIFF'S VERIFIED EMERGENCY MOTION
FOR EX PARTE TEMPORARY INJUNCTION
Defendant.
corporation, by and through the undersigned counsel and pursuant to Florida, Rule of
Civil Procedure 1.610, moves this Court for entry of an ex parte, temporary injunction
against Defendant, JOHN V. GURSOY ("Gursoy"). Skimmers alleges the following as
grounds:
1. As alleged in the Complaint, filed simultaneously herewith, Skimmers is a
Florida ~on-profit corporation that operates a faith-based ministry teaching children the
sport of water skiing and producing a weekly water ski show at Lake Avalon within
Sugden Regional Park.
2. Gursoy is the founder and vice-president of Skimmers, as well as ~
. <:::::>
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member of Skimmers' Board of Directors. g;
3. Glen Herriman, who verified the Complaint and this Motion, is iRe
~
President of Skimmers and a member of its Board of Directors. Anthony Michali~r.
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Agenda Item NO.1 OE
September 13, 2005
Page 16 of 44
and Scott Hopkins, whose affidavits are attached hereto as Exhibits A and B, are also
members of Skimmers' Board of Directors.
4. The facts set forth in the verified Complaint and this verified Motion,
. I
including the attached ,affidavits, establish that a temporary injunction should be entered
against Gursoy. That is to say, Plaintiff has shown the likelihood of irreparabl~ hann,. the
unavailability of an adequate remedy at law, substantial likelihood of success on the
meritS, and no harm to the public interest. Snibbe. v. Napoleonic Society of America, Inc.,
I
682 So. 2d 568, 570 (Fla. 2nd DCA 1996). Moreover, the facts demonstrate that a
temporary injunction should issue without advance notice to Gursoy insofar as such
notice would "accelerate or precipitate" the irreparable injury and the time required to
notice a hearing would permit the threatened irreparable injury to occur, City of Boca
Raton v. Boca Raton Airport Authority, 768 So. 2d. 1191,1192 (Fla. 4th DCA 2000). .
.
.5. As more fully described in the Compl8.int and affidavits attached 'hereto,
Girrsoy has engaged in several instances of conduct in which he endangered and/or
threatened the lives and safety of Skimmers' members and./ordirectors, in which he stole'
or vandalized Skimmers' property, and in which he disregarded a resolution passed by
Skimmers' Board of Directors prohibiting him from entry upon Skimmers' property or
.
participation in Skimmers' activities. Gursoy continues to threaten the lives and safety of
Skimmers' members and/or directors and to wrongfully maintain possession of Simmers'
stolen property. Additionally, Skimmers has upcoming water skiing practices and shows
for the public-the earliest being scheduled for the weekend of February 19-which it
will be unable to perform without the return of property stolen by Gursoy.
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Agenda Item NO.1 OE
September 13, 2005
Page 17 of44
6. Skimmers will suffer irreparable harm 'Without entry of a temporary
injunction because Skimmers members and directors 'Will continue to suffer threats to--if
not attacks on-their safety, that 'Will cause them emotional and/or physical harm.
Additionally, Skimmers cannot perform the water-ski practices and shows for the public
without a return of its stolen property.
7. There is no adequate remedy at law because no amount of monetary
damages 'Will: (a) fully compensate Skimmers members arid directors for the emotional
or physical dan,lages that are likely to ensue in the absence of an injuncti<?n; (b) fully .
compensate the children or the public who benefit from the performance of Skimmers
water-ski shows, which cannot continue in the absence of an order requiring Gursoy to
return Skimmers' stolen property; or (c) make Skimmers whole for the damage to its
reputation that 'Will be suffered due to cancelled water ski shows.
8. Insofar as Gursoy had absolutely no justification for his wrongful actions,
Skimmers is substantially likely' to succeed on the merits of the . Complaint, . and
temporary injunctive relief will actually serve rather than harm the public interest.
9. Finally, a temporary injunction should issue 'Without advance notice. to
Gursoy because such. notice is substantially likely to provoke further threatening and
injurious- behavior by Gursoy and because Skimmers 'Will suffer further irreparable injury
before a properly noticed hearing can be scheduled.
WHEREFORE, GULF COAST SKIMMERS WATER SKI SHOW, INC.
respectfully requests that this Court issue a temporary ~unction:
a. preventing Gursoy from entering upon Skimmers leasehold
property at Lake Avalon;
b. preventing Gursoy from entering upontbe real. property where
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Agenda Item No. 10E
September 13, 2005
Page 18 of 44
members of the. Skimmers Board of Directors who supported
Exhibit B to the Complaint live or work;
c. prohibiting Gursoy from participating in Skimmers activities; and,
d. . requiring Girrsoy to return all property belonging to the Skimmers.
Glenn Herriman declares and says:
I am the President of Gulf Coast Skimmers Water Ski Show, Inc. I have read the
verified emergency motion for ex parte temporary injunction and mow its contents to be
true. I declare under penalty of perjury 1hat thel; is true and correct
~~~.
STATE OF FLORIDA
COUNTY OF
Signed and sworn to before me on this qq day of February, 2005 by Glenn
~:: :e~remdem of GllifCo~ Skllnm&:;~nallY
~ Public / .
Date:~. q t.m5
I
. ~-:r.,":'~~.. . DAWN R. SEDIllO
P:-";&~1. MYCOMMISSIOO'DD391274
~< EXPIRES: March 4, 2009
'~P.:::'" IIancllcflllrv NolIIy P,**, UnciofwrtIetI
COLE~N, HAZZARD & TA Y'LOR, P.A.
By: .4!W}J.{' ~~
William 1. H~d, E '.
Florida Bar No. 0987239
Damian C. Taylor, Esq.
Florida Bar No. 014000
Attorneys for Plaintiff
2640 Golden Gate Parkway, Suite 304
Naples, FL 34105
(239) 298-5200/ (239) 298-5236 telefax
M:\Hcrriman\Gursoy\Motions\MOTION FOR PRELIMINARY INJUNCTlON2.doc
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SWORN AFFIDAVIT OF ANTHONY MICHALIK. JR.
I, ANTHONY MICHALIK, JR., swear or afflI'I1l wider oath that I have personally
witnessed the following. Furthennore, I swear or affirm that these statements are true
and accurate:
I have been a member of the Gulf Coast Skimmers Water Show, Inc.
("Skimmers") for the past two years. During my membership I had an opportunity to
meet John Gursoy. I have known John Gursoy through the Skimmers for these past two
years. John Gursoy is approximately 5'10" and 1901bs. John Gursoy has dark skin.
brown eyes, and black bair with grey specks.
On or about January 30, 2005, I was acting as the safety coordinator during a
water-ski show. As safety Cbordinator my duty was to ensure the safety.ofthe skiers, be
a fIrst responder/rescuer to any ski show emergency, observe the ski show for any
hazardous situation, and I, along with my boat assistant pick up discarded skis, fallen or
hurt skiers, or any other debris out of the water. I am also responsible for the preparation
of a written andlor verbal report regarding unsafe practices andlor occurrences that I
. '
observe. I wrote one such report on this date. The contents 'of the report chronicled my
obserirationsof John Gursoy operating a boat that was towing water-skiers in a manner .
. inconsistent with standard safety procedures. John Gursoy's operation of the vessel
placed the skiers' safety in jeopardy by putting skiers too close to buoys, docks~ or ramps,
and exceeding safe speed limits. In addition, John Gursoy's navigation of the vessel
pulled skiers over discarded skis, putting the skiers at great risk of injury.
On or about February 6, 2005, I was preparing fora water-ski show. John Gursoy
changed the locks on the equipment sheds. I needed access to the equipment so I was
. PLAINTIFF'S
i;;i 8}.HIBIT
i II 11'1
I
Agenda Item NO.1 OE
September 13, 2005
Page 19 of 44
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using an acetylene torch to cut off the locks. I heard a crash from behind me. I turned
around and John Gursoy was standing beside the overturned acetylene torch. There was
no one else in the immediate vicinity of the tanks so I deduced that John Gursoy pushed
over the tanks. His demeanor was aggressive. John Gursoy then pulled out a folding
knife and tried to cut the hose that attaches the nozzle of the torch to the tanks. I was in
fear because an explosion would have killed John Gursoy and me and would have surely
injured others. John Gursoy was eventually stopped from cutting the hose. John Gursoy
then dialed 9-1-1 and told the operator that I was trying to kill him.
I swear or affIrm that the facts set forth above are a true and accurate account of
the events to the best of my ability to recall them.
FURTHER AFFIANT SA YETH NOT.
,I
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/DAtE
A
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this t()~ day of
February, 2005 by Anthony Michalik, Jr., who L-J is personally known to me or
~ has produced ~ \....teMfe' as identification and who did/did not take
an oath.
Notary Pti1M rence C.E. Gareia
Printed name:
Commission Number:
.~
LAWREHCE C. GARCIA ~
MY COMMISSION' DD 3aI652 ~
EXPIRES: AprilS. 2008 . f
Bool9d ThIU NolIry PImIic llndOIwrt1eIs
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-
Agenda Item No. 10E
September 13, 2005
Page 20 of 44
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Agenda Item No. 10E
September 13, 2005
Page 21 of 44
SWORN AFFIDAVIT OF SCOTT HOPKINS
I, SCOTT HOPKINS, swear or affirm under oath that I have personally witnessed
the folloWing. Furthermore, I swear or affirm that these statements are true and accurate:
My name is SCOTT HOPKINS and I live at 2881 64th St. SW, Naples, FL
34109. I have known John Gursoy since June of 2001. I know John Gursoy through.the
I I
Gulf Coast Skimmers Water Show Inc., which is a water-ski team.. John Gursoy is
approximately 5' 10" and 1901bs. John Gursoy has dark skin, black hair with grey specks,
brown eyes and a goatee the last time I personally saw him.
On or about January 30, 2005, I, along with other team members, wasperfonning
I
I . a barefoot water-ski act. John Gursoy drov~ the boat that towed the water-ski team. John
Gurs.oy drove the boat outside the safety buoys into six-inches to one foot of water
. '
through rocks and other dangerous conditions. Furthermore, John Gursoy aimed'me and
the other skiers at a dock, which we nearly hit. John Gursoy was driving the boat at
approXimately 40 mph. Because of John Gursoy's actions, my life and the lives of the
other skiers were placed in jeopardy.
On or about January 30, 2005, and shortly after the first incident, another incident
occurred. John Gursoy was driving the boat that was towing water-skiers, including
myself. John Gursoy was driving the boat in such a manner so as to nearly cause a
collision between myself and a water-ski ramp. I missed the ramp by four-inches while
going 55mph. I feared for my life and the lives of my fellow skiers.
On or about February 6, 2005 I received a telephone call from John Gursoy,
although he did not identify himself. I had often spoken on the phone with John Gursoy
* PLAINTIFF'S
12 EXHIBIT
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Agenda Item NO.1 OE
September 13, 2005
Page 22 of 44
and was by this phone call familiar enough with his voice so as to identify it without him
,.
repeating his name. John Gursoy said, "I'm going to have you taken care of."
I swear or affirm that the facts set forth above are a true and accurate account of
I
the events to the best of my ability to recall them.
Z-{-oS-
DATE
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this q ~ay of
February, 2005 by Scott Hopkins, who L-) is personally known to ~e'or ( ~ has
p~~~ced HI Z,S li7~q)S3() as identification and who di~~n~take an oath.
I, I,
Commission Number:
. M.ROGERS
. \ MY COMMISSION t DO 134789
; EXPIRES: November 17, 2006
. Bcndoclllwu NaIIIy Public Unctorwriters
My Commission Expires:
M:\Herriman\Gursoy\Correspondence\SWORN AFFIDA VII OF SCOTT HOPKINS. doc
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Agenda Item NO.1 OE
September 13, 2005
Page 23 of 44
'COpy
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR
COLLIER COUNTY, FLORIDA CIVIL ACTION
GULF COAST SKIMMERS WATER SKl
SHOW, INC., a Florid~ colporatiori ,
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CASE NO. 05- .2. 3 S- - ~ 2 s;:~
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This cause came before the Court on Plaintiff' s Verified Complaint and E erger@r ~jo~
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for Ex Parte Temporary Injunction, and the Court having reviewed the record and ~ing ~th~se ~ ~
:Po
Plaintiff,
v.
JOHN V. GURSOY.
Defendant.
ORDER
fully advised in the premises, finds that the Emergency Motion is well-taken and should be granted.
The following facts have been shown by affidavit or verified pleading:
1. Skimmers is a Florida not-for-profit corporation with its principal place of business
in Naples, Collier County, Florida.
2. Skimmers operates a faith-based ministry that teaches children the sport of water
skiing and produces a weekly water ski show at Lake Avalon (''the Lake") within
Sugden Regional Park (''the park").
3. Skimmers utilizes the park pursuant to a Lease Agreement with Collier County dated
January 7, 1997, which grants Skimmers: (a) exclusive rights to boat storage,
maintenance buildings, and concession stands at the park at all times; (b) exclusive
rights for the use of motorized watercraft on the entire lake; (c) exclusive rights for
the use of any boats on the entire lake during Skimmers water ski performances; and
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Agenda Item No. 10E
September 13, 2005
Page 24 of 44
(d) the right to host County-approved private functions at the park for award
banquets, birthday parties, and youth group organizations. The lease further provides
that no fishing shall take place at the lake on the beach used by Skimmers or from
any boats in Skimmers' practice or show areas.
4. John V. Gursoy ("Gursoy") is an individual who resides in Collier Cowity; Florida.
Gursoy is the founder of Skimmers, the vice-president of Skimmers, and a member of
Skimmers' Board of Directors.
5. The Skimmers operates pursuant to By-laws, which provide that the management of
the organization is vested in the Board of Directors and that the day-to-dayoperations
are vested in the President.
6. Both the Board of Directors and the President have determined that Gursoy's
involvement in the Skimmers activities are unwelcome at this time and that Gursoy's
presence at the leasehold property presents a threat to the health, safety and well-
being of members of the Skimmers.
7. In or about January 2005, members of Skimmers' Board of Directors became
concerned about Gursoy's behavior toward other members of Skimmers.
8. Among other things, on or about January 30, 2005, Gursoy endangered the lives of
several members of Skimmers during a water-ski show. Gursoy drove one of the
boats that towed the Skimmers water-ski team in a manner that was reckless while
driving at excessive speeds, venturing into unsafe areas of the water, and nearly
causing multiple collisions.
9. During the week of January 31, 2005, the Skimmers' water ski boats and other
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Agenda Item NO.1 OE
September 13, 2005
Page 25 of 44
property located at Lake Avalon and at the home of Skimmers' President, Glenn
Herriman ("Herriman"), were stolen and/or vandalized. The property consists of the
following:
a. 1986 Mastercraft Ski Boat and Trailer; #MABAP16F1002875
b. 1995 Hydra-Dyne Ski Boat and Trailer with twin Mercury 150
Engines #FL7T2403C695
c. 1995 Hydra-Dyne Ski Boat with Single Mercury 150 Engine and
Trailer #FL 7S5933F595
d. 1997 Flats Boat with Single Mercury 30 Engine and Trailer
#FKH14212R797
e. 1999 Skiffwith 40 Mercury Engine and Trailer #TMYlO004T899
Two (2) four-drawer me cabinets
f. Skimmers Membership Records in two (2) :file folders
g. One (1) Sound System
10. . Gursoy subsequently stated that he knows the whereabouts of the stolen
Skimmers' water ski boats and property and has, at the very least, been an
accomplice in such theft.
11. Gursoyalso changed the locks on Skimmers' equipment sheds at Lake Avalon,
preventing Skimmers rightful access to Skimmers property.
12. On February 3, 2005, Gursoy and a: Skimmers youth entered Herriman's business at
5630 Yahl Street, Suite 5, Naples, Florida without permission and forcibly removed
from the premises a filing cabinet containing Skimmers documents over the objection
of, and under circumstances causing fear to, persons working at the business at the
time.
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Agenda Item No. 10E
September 13, 2005
Page 26 of 44
13. The property stolen from the Skimmers is located in Collier County, is wrongfully
detained, has not been taken for any tax or assessment or fine pursuant to law, and
has not been taken under an execution or attachment against Skimmers' property.
14. On February 4, 2005, the Skimmers Board of Directors, by majority vote, approved a
resolution banning Gursoy from the Skimmers' leasehold at the park and demanding
the return of all SkiIIllIlers' property taken by him or at his direction.
15. On February 6, 2005, Gursoy appeared at the Skimmers' leasehold at the park
wielding a knife and endangering the safety of one member of the Skimmers Board
of Directors who voted to pass the resolution banning Gursoy from the Skimmers'
leasehold.
16. Gursoy has made threats "to take out" and '"to take care of' those members of the
. .
Skimmers Board of Directors who supported the resolution banning Gursoyfrom the
Skimmers' leasehold at the park and demanding the return of all Skimmers' property.
Gursoy continues to threaten the lives and safety of Skimmers' members and/or
directors.
17. SkiIIllIlers has upcoming water skiing practices and shows for the public-the earliest
being scheduled for the weekend of February 19-which it will be unable to perform
without the return of its stolen property.
Based on the foregoing, I fmd that the facts set forth in the Verified Complaint and the
Verified Motion, including the attached affidavits, establish that a temporary injunction should be
entered against Gursoy. That is to say, Plaintiff has shown the likelihood of irreparable harm, the
unavailability of an adequate remedy at law, substantial likelihood of success on the merits, and no
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Agenda Item NO.1 OE
September 13, 2005
Page 27 of 44
hann to the public interest. Snibbe v. Napoleonic Society of America, Inc., 682 So. 2d 568, 570 (Fla.
2nd DCA 1996). Moreover, the facts demonstrate that a temporary injunction should issue without
advance notice to Gursoy insofar as. such notice would "acce~erate or precipitate" the irreparable
injury and the time required to notice a hearing would permit the threatened irreparable injury to
occur. City of Boca Raton v. Boca Raton Airport Authority, 768 So.2d. 1191, 1192 (Fla. 4th DCA
2000).
. '
Skimmers will likely suffer irreparable harm without entry of a temporary injunction because
I
Skimmers members arid directors will likely continue to suffer threats to-if not attacks on-:-their
safety, that will cause them emotional andlor physical harm. Additionally, Skimmers cannot perform
the water-ski practices and shows for the public without a return of its stolen property.
. There is no adequate remedy at law because no amount of monetary d3mages will : (a) fully
compensate. Skimmers members and directors for the emotional or physical damages that are likely
to ensue m the absence ofan injunction; (b) fully'compensate the children or the public who benefit
from the performance of Skimmers water-ski shows, which cannot continue; in the absence of an
order requiring Gursoy to return, or assist in the return of, Skimmers' stolen property; or (c) make
Skimmers whol~ for the cIainage to its reputation that will be sUffered due to cancelled water ski
shows.
Skimmers has' demonstrated a substantial likelihood of succeeding on the merits of the
Complaint insofar as there is no apparent justification for Gursoy's actions. Under all of the
foregoing circumstances, a temporary injunction will actually serve rather than harm the public
interest.
Finally, a temporary injunction should issue without advance notice to Gursoy because such
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Agenda Item NO.1 OE
September 13, 2005
Page 28 of 44
notice is substantially likely to provoke further threatening and injurious behavior by Gursoy and
because Skimmers will suffer further irreparable injury before a properly noticed hearing can be
scheduled.
Accordingly, it is hereby ORDERED AND ADJUDGED:
1. Defendant, JOHN V. GURSOY, is hereby enjoined and prohibited from:
a. entering upon Skimmers' boat storage, maintenance' buildings, and
concession stands at Sugden Regional Park ("the park");
b. using motorized watercraft on any portion of Lake Avalon;
c. using any boat on Lake Avalon during Skimmers water ski performances; .
d. entering upon Skimmers' County-approved private functions at the park for
award banquets, birthday parties, or youth group organizations;
e. fishing at Lake Avalon on the beach used by Skimmers or from any boats in
Skimmers' practice or show areas;
f. entering upon the real property where Glenn Herriman, Scott Hopkins,
Anthony Michalik:, Jr., David LeFort, or Mark Gagenworth live or work; and,
g. participating in Skimmers activities;
2. Defendant, JOHN V. GURSOY, is hereby ordered to immediately return and assist in
the return of all property belonging to the Skimmers, including but not limited to:
a. 1986 Mastercraft Ski Boat and Trailer, #MABAPI6FlO02875;
b. 1995 Hydra-Dyne Ski Boat and Trailer with twin Mercury 150 Engines,
#FL 7T2403C695;
c. 1995 Hydra-Dyne Ski Boat with Single Mercury 150 Engine and Trailer,
#FL7S5933F595;
d. 1997 Flats Boat with Single Mercury 30 Engine and Trailer,
#FKHI4212R797;
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Agenda Item NO.1 OE
September 13, 2005
Page 29 of 44
<-
e. 1999 Skiff with 40 Mercury Engine and Trailer, #TMYlO004T899;
f. Two (2) four-drawer file cabinets;
g. Skimmers Membership Records in two (2) fIle folders; and
. . 1 ~.1L J ;~
I\S+='~~~~ lisir,ihlW'~~*~pl~
3. I' This Order shall be effective immediateljiJt:pon Plaintiff's posting a bond in '*
amourit of $ rt) ti.X:( ~ shall be conditioned for the arment of costs and
, . tJ...a pr?Jf' IS ~~ ~ [~
damages sustained by the Defendant in the event . .. once .,.
I
said bond is posted, this Order will remain in effect until further order of the Court.
4. Pursuant to Florida Rule of Civil Procedure 1.61 O(c), this Order shall be binding on
the Defendant, and all bis agents, servants, employees, and attorneys, and on those
persons in active concert or participation with them who receive actual notice of this
. injunction. , '. ' '. .', rt
DONE AND ORDERED in Chambers, in Naples, Collier County, Florida this ~
day of February, 2005, at if: 27 ):0( /p.m.
[J
Circuit Co
Conformed Copies:
,William J. Hazzard, Esq.
John V. Gursoy
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Agenda Item No. 10E
'September 13, 2005
Page 30 of 44
fie Stamp and Return
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR
COLLIER COUNTY, FLORIDA CIVIL ACTION
GULFCOASTS~RSWATERS~
SHOW, INC., a Florida corporation,
Plaintiff,
CASE NO. 05- :2 3 S- -cfJ
v.
JOHN V. GURSOY,
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GULF COAST SKIMMERS WATER SKI SHOW, INC. ("Skimrriers"), a Flofiaa ~
PLAINTIFF'S VERIFIED EMERGENCY MOTION
FOR EX PARTE TEMPORARY INJUNCTION
Defendant.
corporation, by and through the undersigned counsel and pursuant to Florida, Rule of
Civil Procedure 1.610, moves this Court for entry of an ex parte, temporary injunction
against Defendant, JOHN V. GURSOY ("Gursoy"). Skimmers alleges the following as
grounds:
1. As alleged in the Complaint, filed simultaneously herewith, Skimmers is a
Sugden Regional Park.
2. Gursoy is the founder and vice-president of Skimmers, as well as ~
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member of Skimmers' Board of Directors. f;J
3. Glen Herriman, who verified the Complaint and this Motion, is me
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President of Skimmers and a member of its Board of Directors. Anthony Michali~r.
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.
Agenda Item NO.1 OE
September 13, 2005
Page 31 of 44
and Scott Hopkins, whose affidavits are attached hereto as Exhibits A and B, are also
members of Skimmers' Board of Directors.
4. The facts set forth. in the verified Complaint and this verified Motion,
I
including the attached ,affidavits, establish that a te~porary injunction should be entered
against Gursoy. That is to say, Plaintiff has shown the likelihood of irreparable hann,.the
unavailability of an adequate remedy at law, substantial likelihood of success on the
meritS, and no harm to the public interest Snibbe. v. Napoleonic Society of America, Inc.,
I
682 So. 2d 568, 570 (Fla. 2nd DCA 1996). Moreover, the facts demonstrate that a
temporary injunction . should issue without advance notice to Gursoy insofar. as such
notice would "accelerate or precipitate" the irreparable injury and the time required to
notice a h~g would permit the threatened irreparable injury to occur, City of Boca
Raton v. Boca Raton Airport Authority, 768 So. 2d. 1191, 1192 (Fla. 4th DCA 2000). .
,
. 5. As more fully described in the Compllrlnt and affidavits attached hereto,
OUrsoy has engaged in several instances of conduct in which he endangered' and/or
threatened the lives and safety of Skimmers' members andJordirectors, in which he stole.
or vandalized Skimmers' property, and in which he disregarded a resolution passed by
Skimmers' Board of Directors prohibiting him from entry upon Skimmers' property or
,
participation in Skimmers' activities. Gursoy continues to threaten the lives and safety of
. .
Skimmers' members and/or directors and to wrongfully maintain possession of Simmers'
stolen property. Additionally, Skimmers has upcoming water skiing practices and sho~s
for the public-the earliest being s~heduled for the weekend of February 19-which it
will be unabJe to perform without the return of property stolen by Gursoy.
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Agenda Item No. 10E
September 13, 2005
Page 32 of 44
6. Skimmers will suffer irreparable harm without entry of a temporary
injunction because Skimmers members and directors will continue to suffer threats to--if
not attacks on-their safety, that will cause them emotional and/or physical harm.
Additionally, Skimmers cannot perform the water-ski practices and shows for the public
without a return of its stolen property.
7. There is no adequate remedy at law because no amount of monetary
damages will: (a) fully compensate Skimmers members arid directors for the emotional
or physical damages that are likely to ensue in the absence of an injunction; (b) fully.
compensate the children or the public who benefit from the performance of Skimmers
water-ski shows, which cannot continue in the absence of an order requiring Gursoy to
return Skimmers' stolen property; or (c) make Skimmers whole for the damage to its
reputation that will be suffered due to cancelled water ski shows.
8. Insofar as Gursoy had absolutely no justification for his wrongful actions,
Skimmers 1S substantially likely to succeed on the merits of the. Complaint, . and
temporary injunctive relief will actually serve rather than harm the public interest.
9. Finally, a temporary injunction should issue without advance notice. to
Gursoy because such notice is substantially likely to provoke further threatening and
injurious- behavior by Gursoy and because Skimmers will suffer further irreparable injury
before a properly noticed hearing can be scheduled.
WHEREFORE, GULF COAST SKIMMERS WATER SKI SHOW, INC.
respectfully requests that this Court issue a temporary injunction:
a. preventing Gursoy from entering upon Skimmers leasehold
property at Lake Avalon;
b. preventing Gursoy from entering upon the real. property where
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Agenda Item NO.1 OE
September 13, 2005
Page 33 of 44
members of the Skimmers Board of Directors who suppOrted
Exhibit B to the Complaint live or work;
c. prohibiting Gursoy from participating in Skimmers activities; and,
d. . requiring Gursoy to return all property belonging to the Skimmers.
Glenn Herriman declares and says:
I am the President of Gulf Coast Skimmers Water Ski Show, Inc. I have read the
verified emergency motion for ex parte temporary injunction and know its contents to be
true. I declare under penalty of perjury that fhe~ is true and correct
VJ71 Ii~pwa-.
STATE OF FLORIDA
COUNTY OF
Signe~.and sworn to before me on thisq~ day of February, 2005 by Glenn
::: =e~reSident of Gulf Coam SDmrri;r:~W;;;;;:jnaIJY
. ~PUblic / .
Date:~. q J.a)5
I
A~ .. DAWN R. SEDlu.o
W. :.\1. MY COMUlSSION. DO 391274
. .,.... EXPIRES: Marth 4, m
..er. ' IlondedTllru NolIfy PIIbIic ~
By:
William J. H d, E ( .
Florida Bar No. 0987239
Damian C. Taylor, Esq.
Florida Bar No. 014000
Attorneys for Plaintiff
2640 Golden Gate Parkway, Suite 304
Naples, FL 34105
(239) 298-5200/ (239) 298-5236 telefax
M:\Hc:mman\Gursoy\Motions\MOTION FOR PRELIMINARY INJUNCTION2.doc
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SWORN AFFIDA "IT OF ANTHONY MICHALIK~ JR.
I, ANTHONY MICHALIK, JR., swear or afflI'Ill urider oath that I have personally
witnessed the following. Furthermore, I swear or affirm that these statements are true
and accurate:
I have been a member of the Gulf Coast Skimmers Water Show, Inc.
("Skimmers") for the past two years. During my membership I had an opportunity to
meet John Gursoy. I have known John Gursoy through the Skimmers for these past two
years. John Gursoy is approximately 5'10" and 1901bs. John Gursoy has dark skin,
brown eyes, and black hair with grey specks.
On or about January 30, 2005, I was acting as the safety coordinator during a
water-ski show. As safety coordinator my duty was to ensure the safety of the skiers, be
a fIrst responder/rescuer to any ski show emergency, observe the ski show for any
hazardous situation, and I, along with my boat assistant pick up discarded skis, fallen or
hurt skiers, or any other debris out of the water. I am also responsible for the preparation
of a written andlor verbal re~ort regarding unsafe practices andlor occurrences that I
observe. I wrote one such report on this date. The contents of the report chronicled my
obserVations of John Gursoy operating a boat that was towing water-skiers in a manner.
inconsistent with standard safety procedures. John Gursoy's operation of the vessel
placed the skiers' safety injeoparcly by putting skiers too close to buoys, docks. or ramps,
and exceeding safe speed limits. In addition, John Gursoy's navigation of the vessel
pulled skiers over discarded skis, putting the skiers at great risk of injury.
On or about February 6, 2005, I was preparing for a water-ski show. John Gursoy
changed the locks on the equipment sheds. I needed access to the equipment so I was
'"
:
~
Co
~
PlAINTIFF'S
E>).HIBIT
\1 All
Agenda Item No.1 OE
September 13, 2005
Page 34 of 44
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Agenda Item NO.1 OE
September 13, 2005
Page 35 of 44
using an acetylene torch to cut off the locks. I heard a crash from behind me. I turned
around and John Gursoy was standing beside the overturned acetylene torch. There was
no one else in the immediate vicinity of the tanks so I deduced that John Gursoy pushed
over the tanks. His demeanor was aggressive. John Gursoy then pulled out a folding
knife and tried to cut the hose that attaches the nozzle of the torch to the tanks. I was in
"
fear because an explosion would have killed John Gursoy and me and would have surely
injured others. John Gursoy was eventually stopped from cutting the hose. John Gursoy
then dialed 9-1-1 and told the operator that I was trying to kill him.
I swear or affirm that the facts set forth above are a true and accurate account of
the events to the best of my ability to recall them.
FURTHER AFFIANT SA YETH NOT.
:1
:;lIs/&' ,
'DAtE
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this ~R day of
February, 2005 by Anthony Michalik, Jr., who L-J is personally known to me or
~ has produced ~ \A.teM.fe as identification and who did/did not take
an oath.
Notary PtilH renee C E G i
. . arc a
Printed name:
Commission Number:
....h .~
!~'.r:\~. LAWRENCE C. GARCIA ~
f":"~"\.r: MY COMMISSION' DO 300652 ~
~~~6 EXPlRES:Apdl8,2OOl " II
.nr.tl... BordIld Thru NaCIIry NlIic ~ :!l
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Agenda Item NO.1 OE
September 13, 2005
Page 36 of 44
S\VORN AFFIDAVIT OF SCOTT HOPKINS
I, SCOTT HOPKINS, swear or affirm under oath that I have personally witnessed
the following. Furthermore, I swear or affIrm that these statements are true and accurate:
My name is SCOTT HOPKINS and I live at 2881 64th St. SW. Naples, FL
I ,
34109. I have known John Gursoy since June of 2001. I know John Gursoy through the
Gulf Coast Skimmers Water Show Inc., which is a water-ski team. John Gursoy is
approximately 5' 10" and 1901bs. John Gursoy has dark skin, black hair with grey specks,
brown eyes and a goatee the last time I personally saw him.
On or about January 30,2005, I, along with other team members, wasperfonning
I
I . a barefoot water-ski act. John Gursoy drove the boat that towed the water-ski teani. John
Gursoy drove the boat outside the safety buoys into six-inches to one foot of water
through rocks and other dangerous conditions. Furthermore, John Gursoy aimed'me and
the other skiers at a dock, which we nearly hit. John Gursoy was driving the boat at
approximately 40 mph. Because of John Gursoy's actions, my life and the lives of the
other skiers were placed injeopardy.
On or about January 30,2005, and shortly after the first incident, another incident
occurred. John Gursoy was driving the boat that was towing water-skiers, including
myself. John Gursoy was driving the boat in such a manner so as to nearly cause a
collision between myself and a water-ski ramp. I missed the ramp by four-inches while
going 55mph. I feared for my life and the lives of my fellow skiers.
On or about February 6, 2005 I received a telephone call from John Gursoy,
although he did not identify himself. I had often spoken on the phone with John Gursoy
$ PLAINTIFF'S
~ EXHIBIT
.~~
~
15
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Agenda Item No. 10E
September 13, 2005
Page 37 of 44
and was by this phone call familiar enough with his voice so as to identify it without him
.
repeating his name. John Gursoy said, "I'm going to have you taken care of."
I swear or affirm that the facts set forth above are a true and accurate account of
~
the events to the best of my ability to recall them.
Z-{-aS-
DATE
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this q ~ay of
February. 2005 by Scott Hopkins, who L-J is personally known to ~e"or ( v) has
pt~ffced HI zS 787~'1;.S~() as identification and who di~~n~take an oath.
lj !, ,
NE N. ROGERS
.~ MY COMMISSION t DO 134789
'. EXPIRES: November 17. 2006 ..
llondocI ThIll NGIary Public UnclIIWrhnI
Commission Number:
My Commission Expires:
M:\Hcrriman\Gursoy\Corrcspondcnce\SWORN AFFIDAVIT OF SCOTT HOPKINS. doc
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Agenda Item NO.1 OE
September 13, 2005
Page 38 of 44
COpy
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR
COLLIER COUNTY, FLORIDA CIVIL ACTION
GULF COAST SKIMMERS WATER SKI
SHOW, INC., a Florida corporation,
'r-.3 _--
CASE NO. 05- .:< 3 S- - ~ Q S;-::
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lbis cause came before the Court on Plaintiff' s Verified Complaint and E ergeI@r ~o~
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for Ex Parte Temporary Injunction, and the Court having reviewed the record and ~ing ~th~se ~ O'l
~
fully advised in the premises, finds that the Emergency Motion is well-taken and should be granted.
Plaintiff,
v.
JOHN V. GURSOY,
Defendant.
ORDER
The following facts have been shown by affidavit or verified pleading:
1. Skimmers is a Florida not-for-profit corporation with its principal place of business
in Naples, Collier County, Florida.
") Skimmers operates a faith-based ministry that teaches children the sport of water
skiing and produces a weekly water ski show at Lake Avalon ("the Lake") within
Sugden Regional Park ("the park").
3. Skimmers utilizes the park pursuant to a Lease Agreement with Collier County dated
January 7, 1997. which grants Skimmers: (a) exclusive rights to boat storage,
maintenance buildings, and concession stands at the park at all times; (b) exclusive
rights for the use of motorized watercraft on the entire lake; (c) exclusive rights for
the use of any boats on the entire lake during Skimmers water ski performances; and
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Agenda Item NO.1 OE
September 13, 2005
Page 39 of 44
(d) the right to host County-approved private functions at the park for award
banquets, birthday parties, and youth group organizations. The lease further provides
that no fishing shall take place at the lake on the beach used by Skimmers or from
any boats in Skimmers' practice or show areas.
4. John V. Gursoy ("Gursoy") is an individual who resides in Collier County; Florida.
Gursoy is the founder of Skimmers, the vice-president of Skimmers, and a member of
Skimmers' Board of Directors.
5. The Skimmers operates pursuant to By-laws, which provide that the management of
the organization is vested in the Board of Directors and that the day-to-day operations
are vested in the President.
6. Both the Board of Directors and the President have determined that Gursoy's
involvement in the Skimmers activities are unwelcome at this time and that Gursoy's
presence at the leasehold property presents a threat to the health, safety and well-
being of members of the Skimmers.
7. In or about January 2005, members of Skimmers' Board of Directors became
concerned about Gursoy's behavior toward other members of Skimmers.
8. Among other things, on or about January 30, 2005, Gursoy endangered the lives of
several members of Skimmers during a water-ski show. Gursoy drove one of the
boats that towed the Skimmers water-ski team in a manner that was reckless while
driving at excessive speeds, venturing into unsafe areas of the water, and nearly
causing multiple collisions. .
9. During the week of January 31, 2005, the Skimmers' water ski boats and other
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Agenda Item NO.1 OE
September 13, 2005
Page 40 of 44
property located at Lake Avalon and at the home of Skimmers' President, Glenn
Herriman ("Herriman"), were stolen and/or vandalized. The property consists of the
following:
a. 1986 Mastercraft Ski Boat and Trailer; #MABAP16FI002875
b. 1995 Hydra-Dyne Ski Boat and Trailer with twin Mercury 150
Engines #FL7T2403C695
c. 1995 Hydra-Dyne Ski Boat with Single Mercury 150 Engine and
Trailer #FL 7S5933F595
d. 1997 Flats Boat with Single Mercury 30 EngIne and Trailer
#FKH142l2R797
e. 1999 Skiffwith 40 Mercury Engine and Trailer #TMYlO004T899
Two (2) four-drawer file cabinets
f. Skimmers Membership Records in two (2) file folders
g. One (1) Sound System
10; Gursoy subsequently stated that he knows the whereabouts of the stolen
Skimmers' water ski boats and property and has, at the very least, been an
accomplice in such theft.
11. Gursoyalso changed the locks on Skimmers' equipment sheds at Lake Avalon,
preventing Skimmers rightful access to Skimmers property.
12. On February 3, 2005, Gursoy and a: Skimmers youth entered Herriman's business at
5630 Yahl Street, Suite 5, Naples, Florida without permission and forcibly removed
from the premises a filing cabinet containing Skimmers documents over the objection
of, and under circumstances causing fear to, persons working at the business at the
time.
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Agenda Item NO.1 OE
September 13, 2005
Page 41 of 44
13. The property stolen from the Skimmers is located in Collier County, is wrongfully
detained, has not been taken for any tax or assessment or fine pursuant to law, and
has not been taken under an execution or attachment against Skimmers' property.
14. On February 4, 2005, the Skimmers Board of Directors, by majority vote, approved a
resolution banning Gursoy from the Skimmers' leasehold at the park and demanding
the return of all Skimmers' property taken by him or at his direction.
15. On February 6, 2005, Gursoy appeared at the Skimmers' leasehold at the park
wielding a knife and endangering the safety of one member of the Skimmers Board
of Directors who voted to pass the resolution banning Gursoy from the Skimmers'
leasehold.
16. Gursoy has made threats "to take out" and "to take care of' those members of the
. .
Skimmers Board of Directors who supported the resolution banning Gursoy from the
Skimmers' leasehold at the park and demanding the return of all Skimmers' property.
Gursoy continues to threaten the lives and safety of Skimmers' members and/or
directors.
17. Skimmers has upcoming water skiing practices and shows for the public-the earliest
being scheduled for the weekend of February 19-which it will be unable to perform
without the return of its stolen property.
Based on the foregoing, I fmd that the facts set forth in the Verified Complaint and the
Verified Motion, including the attached affidavits, establish that a temporary injunction should be
entered against Gursoy. That is to say, Plaintiff has shown the likelihood of irreparable harm, the
_ unavailability of an adequate remedy at law, substantial likelihood of success on the merits, and no
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Agenda Item No. 10E
September 13, 2005
Page 42 of 44
hann to the public interest. Snibbe v. Napoleonic Society of America, Inc., 682 So. 2d 568, 570 (Fla.
2nd DCA 1996). Moreover, the facts demonstrate that a temporary injunction should issue without
advance notice to Gursoy insofar as. such notice would "acce)erate or precipitate" the irreparable
injwy and the time required to notice a hearing would permit the threatened irreparable injury to
occur. City of Boca Raton v. Boca Raton Airport Authority, 768 So. 2d. 1191,1192 (Fla. 4th DCA
2000).
, ,
Skimmers will likely suffer irreparable harm without entry of a temporary injunction because
,
Skimmers members arid directors will likely continue to suffer threats to-if not attacks on~their
safety, that will cause them emotional and/or physical harm. Additionally, Skimmers cannot perform
the water-ski practices and shows for the public without a return of its stolen property.
. There is no adequate remedy at law because no amount of monetary d3mages will: (a) fully
compensate. Skimmers members and directors for the emotional or physical damages that are likely
to ensue in the absence ofan injunction; (b) fully.compensate the children or the public who benefit
from the performance of Skimmers water-ski shows, which cannot continue in the absence of an
order requiring Gursoy to return, or assist in the return of, Skimmers' stolen property; or (c) make
Skimmers whole for the damage to its reputation that will be sUffered due to cancelled water ski
shows.
Skimmers has' demonstrated a substantial likelihood of succeeding on the merits of the
Complaint insofar as there is no apparent justification for Gursoy's actions. Under all of the
foregoing circumstances, a temporary injunction will actually serve rather than harm the public
interest.
Finally, a temporary injunction should issue without advance notice to Gursoy because such
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Agenda Item No. 10E
September 13, 2005
Page 43 of 44
notice is substantially likely to provoke further threatening and injurious behavior by Gursoy and
because Skimmers will suffer further irreparable injury before a properly noticed hearing can be
scheduled.
Accordingly, it is hereby ORDERED AND ADJUDGED:
1. Defendant, JOHN V. GURSOY, is hereby enjoined and prohibited from:
a.entering upon Skimmc::rs' boat storage, maintenance' buildings, and
concession stands at Sugden Regional Park ("the park'');
b. using motorized watercraft on any portion of Lake Avalon;
c. using any boat on Lake Avalon during Skimmers water ski performances;
d. entering upon Skimmers' County-approved private functions at the park for
award banquets, birthday parties, or youth group organizations;
e. fishing at Lake Avalon on the beach used by Skimmers or from any boats in
Skimmers' practice or show areas;
f. entering upon the real property where Glenp Herriman, Scott Hopkins,
Anthony Michalik, Jr., David LeFort, or Mark Gagenworth live or work; arid,
g. participating in Skimmers activities;
2. Defendant, JOHN V. GURSOY. is hereby ordered to immediately return and assist in
the return of all property belonging to the Skimmers, including but not limited to:
a. 1986 Mastercraft Ski Boat and Trailer, #MABAPI6FI002875;
b. 1995 Hydra-Dyne Ski Boat and Trailer with twin Mercury 150 Engines,
#FL 7T2403C695;
c. 1995 Hydra-Dyne Ski Boat with Single Mercury 150 Engine and Trailer,
#FL7S5933F595;
d. 1997 Flats Boat with Single Mercury 30 Engine and Trailer.
#FKH14212R797;
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Agenda Item NO.1 OE
September 13, 2005
Page 44 of 44
e. 1999 Skiff with 40 Mercury Engine and Trailer, #TMYlO004T899;
f. Two (2) four-drawer file cabinets;
g. . Skimmers Membership Records in tw? (2) file folders; and ~t ' s
h. J_~ <2,Sound Sptem /l, t J.I (U8'JW,., j{tr~p J I I
As tD ~ ~ '5 (t~r) (P It> l.f'Q , 11 'plkL
3. I' This Oider shall be effective immediatel)j~pon Plaintiff's posting a bond in -d:;- .
amount of $ 'It) ti:J:? ~ sball be conditioned for the 'pa~ent of costs and
, . tAtJ pr?JfffTt1l$ fkrz.'t'c7(tt~ [~
damages sustained by the Defendant in the ~ven~i:r)vr8ngrull] "J.ij~ Once "'-
said bond is posted. this Order will remain in effect until further Order of the Court.
4. Pursuant to Florida Rille of Civil Procedure 1.61 O( c), this Order shall be binding on
the Defendant, and all his agents, servants, employees, and attorneys, and on those
persons in active concert or participation with them who receive actual notice of this
. injunction. , ' , " . ,It
DONE AND ORDERED in Chambers, in Naples, C<>llier County, Florida this ~
day of Febrwuy, 2005, at If: 27 )(/P.m.
Ur
Circuit Co
Conformed Copies:
,William J. Hazzard, Esq.
John V. Gursoy
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Agenda Item No. 10F
September 13, 2005
Page 1 of 9
EXECUTIVE SUMMARY
Recommendation to approve a Cooperating Technical Partners Partnership Agreement
between CoUier County, the City of Naples, the South Florida Water Management District
(SFWMD), and Region IV, Federal Emergency Management Agency (FEMA) to formalize
an agreement to work together to create and maintain accurate, up-to-date flood hazard
data for the City of Naples and unincorporated CoUier County.
OBJECTIVE: To obtain approval of a formal Cooperating Technical Partners Partnership
Agreement between Collier County (County), the City of Naples (City), the South Florida Water
Management District (SFWMD), and Region IV, Federal Emergency Management Agency
(FEMA) to formalize an agreement to work together to create and maintain accurate, up-to-date
flood hazard data for the City of Naples and unincorporated Collier County.
CONSIDERATIONS:
......'....
In December of 1996, a Coastal Flood Insurance Study was performed for Collier County and
incorporated areas by a Federal Emergency Management Agency (FEMA) study contractor,
Engineering Methods and Applications, Inc. (EMA). In December of 1998, the preliminary
Flood Insurance Study (FIS) and Flood Insurance Rate Map (FIRM) were issued. In December
2001, Collier County formally appealed the coastal analyses presented in the preliminary FIS,
summarizing a number oftechnica1 concerns in a December 2001 report prepared by Tomasello
Consulting Engineers (TCE) entitled, "Appeal of Flood Insurance Restudy (RFIS) Proposed
Base Flood Elevation for Collier County and City of Naples." In March 2004, the emphasis of
Collier County's efforts shifted from studies focusing on data and analysis to refute the proposed
maps to a coordinated effort and partnership with FEMA to produce the required topographic,
scientific and engineering data to support a comprehensive Flood Insurance Study (FIS) to revise
the entire set of FIRMs for Collier County.
On March 9, 2004 (and later amended on March 23, 2004), the Board of County Commissioners
authorized an emergency contract with TCE to perform the studies and other work in support of
the County's efforts to provide the needed studies and analysis for submittal to FEMA by
December 1, 2004. That date was later amended to March 31, 2005.
On May 19,2004, and at the request of the land owners' representative, the County's "5-Basin"
contract with TCE was amended and expanded to include the proposed Ave Maria Development
of Regional Impact (DRI) and the remainder of the Receiving Lands/Sending Areas (RLSA),
excluding the Area of Critical State Concern. Both the County and the property owners shared
the cost for this contract amendment and being a contract amendment, there was no change in the
original contract document other than modifications to total cost and time frame.
.-'
Due to ongoing technical difficulties with the flood analysis models and the overall scope of the
project, the County did not complete and submit the required studies, modeling and associated
flood plain analysis for the coastal flood assessment and six inland basins for the unincorporated
area of Collier County to support developing a new set of FIRMs by the March 31, 2005
Executive Summary
Agenda Item NO.1 OF
September 13, 2005
Page 2 of 9
Page 2
deadline established by FEMA. As a result, FEMA issued a Letter of Final Determination (LFD)
dated May 17, 2005 to Collier County and in doing so officially notified the County that FEMA
now considers the Base (1 % annual chance) Flood Elevations (BFEs) on the Preliminary FIRMs
and Flood Insurance Study (FIS) report to be final. The LFD included the revisions to the
preliminary study wherein a modification was made to the Zone D designation in the area of
Golden Gate Estates and extending up to Immokalee. The LFD states that the modified BFEs
and revised map panels will now become effective on November 17, 2005 and will revise the
FIRMs which were in effect prior to that date.
On June 28, 2005, the Board of County Commissioners (Board) directed the County Attorney's
office to file for an injunction against FEMA's proposed map~ in an attempt to prevent the maps
from taking effect in November. On July 26, 2005, by a vote of 3 to 2, the Board directed staff
to withdraw that injunction and to open a dialog with FEMA representatives to attempt to foster
a cooperative partnership with the County and City to continue to work together to prepare and
submit updated technical data and engineering analyses to FEMA in an effort to create revised
digital Flood Insurance Rate Maps (DPIRMs) to more accurately reflect the area's flood
elevations for Special Flood Hazard Areas (SFHA) for coastal and inland areas of the county.
On August 25, 2005, staff, in cooperation with the City of Naples staff, negotiated the enclosed
agreement to codifY a formal partnership with FEMA Region N and the South Florida Water
Management District to jointly produce a set of revised FIRMs for all of Collier County.
FEMA's new study contractor, Michael Baker Corporation (Baker), is currently reviewing all the
technical data completed by TCE and once completed, the project will proceed under the defined
schedule in a follow-on Mapping Activity Statement for the project. The Mapping Activity
Statement, projected to be completed by the FEMA staff in mid-September, will define scope of
work, roles and responsibilities, and a project schedule. Given that the revision efforts will
impact the entire county, the opportunity to participate in the agreement has also been offered to
the City of Marco Island and Everglades City. The City Manager, City of Marco Island,
declined the opportunity to participate. Staff is waiting for a final decision from the Everglades
City staff as to whether they desire to be included in this agreement.
FISCAL IMPACT: Total Approved Contract Cost to Date = $723,309.00
$616,309.00 Collier County
$47,000.00 City of Naples
$60,000.00 Special District
-
The details of these costs are as follows:
. $235,000 ($188,000 County; $47,000 City) - Initial and follow-on coastal study
. $57,007 - Golden Gate Estates "Sheet 2D" studies
. $49,425 - Certification of County's LIDAR GIS data base to meet National Mapping
Standards
. $61,877 - 57 miles of survey elevation monument control throughout the Estates
. $200,000 - addition of 5 basin studies
. $120,000 - Ave Maria Stewardship District studies ($60,000 County, $60,000 Special
District)
Executive Summary
Agenda Item NO.1 OF
September 13, 2005
Page 3 .of 9
Page 3
GROWTH MANAGEMENT IMPACT: None, although accurate floodplain information is
vital to insure an effective planning and permitting process.
RECOMMENDATION: That the Board of County Commissioners approve the attached
Cooperating Technical Partners Partnership Agreement between Collier County, the City of
Naples, the South Florida Water Management District (SFWMD), and Region IV, Federal
Emergency Management Agency (FEMA) to formalize an agreement to work together to create
and maintain accurate, up-to-date flood hazard data for the City of Naples and unincorporated
Collier County and in doing so grant authority to County Manager Jim Mudd to sign the
agreement.
PREPARED BY: Joseph K. Schmitt, Administrator
Community Development and Environmental Services Division
,.-.
-,
Item Number:
Item Summary:
Meeting 081e:
!\gend<.l Ito:lrTi No lUF
September 13, 2UOS
Paqe 4 019
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
10F
Recommelldati(Jn 10 ilpprove <l Cooperating Technical Pallnel1; P<lrtnelship Agleemenl
bet'ween Collier County, the City of Naples, the South Florida Water Management District
(SFWMD), and Region IV, Federal Emergency ManAge men I Agency (FEMA) to formalize ~n
agreement to work together to creAte ~f1(J mflintain accurate, up-to-llale flood tlE7<lld rlflta for
the Cily of Nflples and unIncorporated Collier County. (Joseph K. Schmitt, Adrnil1islr~lor,
Communily Development <lnd Environmental Services Di\/i:;ion)
9/13/2005900:00 AM
Dato
Apl)rOvcd B)o'
Sandra Loti Eli:ecutive Secretary
Community Dcvolopment & Community Development &
Environmental Services Environme-nt.11 SerVlCEt6 Admin.
8/2912005 9:21 AM
Approved By
Date
Constance A. Johm.on OperatIons Analyst
Community Development & Community Development &
Environmental Services EnVironmental Services Admin.
8/29f2oo510:41 AM
ApllrO\'cd 8)0'
D...
Robert C. Wiley. P.E.
Community DEl'velopment &
Environl1lental Service.
Prinicipaf Project M!lnagm
COES Engineenng Serviccs
B/29!200S 2~45 PM
Date
Apllroved B}'
PatrlckG.WhitC'
County Attorney
Assistant County Attornoy
County Attorney Office
8'3012005 8:59 AM
D""
Apprm:ed By
Joseph K. Schmitt
Community Development &
Environl'TlCntlll Services
Community Development &
Env1ronmenlal Services Adminstrator
Communrty Development &
Environmental ServiceD Admin.
Q/1f2005 9:35 AM
0".
APllrDVcd By
OMS Coordinator
County Manager's Office
Administrative AssIstant
Office of Managel'tlent & Budget
9f1rlOO~ 1 :43 PM
D".
AIII)rDvcd By
Mark lsack:>on
County Manager's Office
Bud~l Analyst
Office of Management & Budget
9f1/2005 2:02 PM
Date
AflprO\'cd By
Michael Smykow5kl
County Manager's Office
Management 8. Budget Director
Office of Manllqcment & Budget
9.'1/2005 2:33 PM
D".
Apl.roved By
James V. Mudd
Board ofCounly
Commll;siol)ers
County Manager
County M:mngm's Office
912"20059:33 AM
Agenda Item No.1 OF
September 13, 2005
Page 5 of 9
COOPERATING TECHNICAL PARTNERS
PARTNERSHIP AGREEMENT
AGREEMENT is made on , by these parties: Collier County,
the City of Naples, Florida, the South Florida Water Management District (SFWMD), and the
Federal Emergency Management Agency (FEMA).
WHEREAS the National Flood Insurance Program (NFIP) established by the National Flood
Insurance Act of 1968 has several purposes, the most significant being
· To better indemnify individuals from losses through the availability of flood insurance;
. To reduce future flood damages through community floodplain management regulations;
and
. To reduce costs for disaster assistance and flood control;
WHEREAS a critical component of the NFIP is the identification and mapping of the nation's
floodplains to create a broad-based awareness of flood hazards and to provide the data necessary
for community floodplain management programs and to actuarially rate flood insurance;
WHEREAS FEMA administers the NFIP and is authorized by 9 1360 of the National Flood
Insurance Act of 1968, as amended (42 US.c. 4101), to establish and update flood-risk zone
data in floodplain areas;
WHEREAS, in the identification of floodprone areas, FEMA is authorized to consult with,
receive information from, and enter into agreements or other arrangements with the head of any
State, regional, or local agency in order to identify flood-prone areas;
WHEREAS FEMA encourages strong Federal, State, regional, and local partnerships for the
purposes of reducing flood losses and disaster assistance; FEMA and its State, regional, and
local partners have determined that it is advantageous to encourage and formalize greater
cooperation in the flood hazard identification and mapping processes;
\VHEREAS Collier County, the City of Naples, and the SFWMD participate in the NFIP (or
share flood protection and/or floodplain management responsibilities with communities that
participate in the NFIP in Collier County) and actively promote the best management practices
as defined in Community Rating System (CRS), Collier County, the City of Naples, and other
incorporated communities within the county have been deemed by FEMA to be in good
standing in the NFIP; and
WHEREAS Collier County, the City of Naples, and the SFWMD have expressed a desire to
perform certain functions in the flood hazard identification process and have provided evidence
that they have sufficient technical capability and will dedicate the resources necessary to
perform those functions; and many communities and the agencies that serve them have
Agenda Item NO.1 OF
September 13, 2005
Page 6 of 9
developed considerable technical capabilities and resources that provide the opportunity to
improve and expand the collection, development, and evaluation of flood hazard data,
NOW THEREFORE, it is mutually agreed that the parties enter into this Agreement to work
together to create and maintain accurate, up-to-date flood hazard data for Collier County subject
to the terms and conditions recited below.
1. CONSULTATIONS
The parties shall collaborate on flood hazard identification activities and shall consult with each
other to fully integrate each other's contributions into flood hazard identification efforts.
Questions regarding the execution of this Agreement will be resolved by an implementation
committee consisting of representatives from FEMA, Collier County, the City of Naples,
SFWMD, and other incorporated communities within the county, as available. If the
implementation committee is unable to resolve technical issues, the issues may be resolved
through alternative dispute resolution procedures.
2. EVALUATION AND REPORTING
The parties shall, on an annual basis (during the month of October, 2005), review the
partnership created by this Agreement to determine and document the activities undertaken to
maintain accurate flood hazard data and to revise the Agreement as necessary.
3. RESOURCE COMMITMENT
The parties agree to implement this Agreement by committing the appropriate and available
human, technical, and financial resources sufficient to coordinate effectively with all entities
impacted by flood hazard identification efforts.
4. STANDARDS
Unless otherwise agreed to by the parties, all flood hazard identification activities will be
accomplished in accordance with the standards documented in Guidelines and Specifications for
Flood Hazard Mapping Partners, dated April 2003, and all subsequent revisions.
5. SPECIFIC INITIATIVES OR PROJECTS
Specific initiatives or projects to be performed under this Agreement are to be documented in
Mapping Activity Statement(s), which will be attached to this Agreement when they are signed.
The parties will be obligated to perform as described in the signed Mapping Activity
S tatement( s).
6. TERM
The respective duties, responsibilities, and commitments of the parties in this Agreement shall
begin on the date this Agreement is signed by the parties and may be periodically renewed,
Agenda Item NO.1 OF
September 13, 2005
Page 7 of 9
revised, or terminated at the option of any of the parties. The parties agree that a 60-day notice
shall be given prior to the termination of this Agreement.
THEREFORE, each party has caused this Agreement to be executed by its duly authorized
representatives on the date mentioned above.
James V. Mudd, County Manager
Collier County, Florida
Date (Printed)
Robert E. Lee, City Manager
City of Naples, Florida
Date (Printed)
Carol Wehle, Executive Director
South Florida Water Management District
Date (Printed)
A. Todd Davison, Director
FEMA Region IV Mitigation Division
Date (Printed)
\.
,
Agenda Item NO.1 OF
c.s. DepartmenGOfHemlbmtl m~iH'OO5
500 C Street, SW Page 8 of 9
Washington. DC 20472
....'-""....
.....,...~"~RT.\i;\~_.
~. FEMA
August 15, 2005
James V. Mudd
County Manager
Collier County
3301 East Tamiami Trail
Naples, F10rida 34112
~o COUNTY MANAGER OfFICE
~l ~~/~-
AUG 2 2 200S
ACTION
FILE
Dear Mr. Mudd:
Thank you for your letter dated July 12, 2005, to the Department of Homeland Security's Federal
Emergency Management Agency (FEMA) regarding the Revised Flood Insurance Study (FIS) and
Flood Insurance Rate Map (FIRM) for Collier County, Florida and Incorporated Areas. In your
letter, you requested that I reconsider my decision to finalize the FIS and FIR..\1 that are scheduled to
become effective on November 17, 2005.
In response to your July lih letter, I stated in a letter dated July 22,2005, that pursuant to U.S.
Department of Justice and FEMA policy on litigation issues, I was unable to make any comment on
matters surrounding this mapping effort. However, on August 3, 2005, FEMA's Office of General
Counsel received official notification that Collier County voluntarily dismissed the litigation against
FEMA and therefore, I am now able to provide a response to your July 12th letter.
On May 17,2005, a determination was made by FEMA as to the Base (1 % annual chance) Flood
Elevations (BFEs) for your community. That letter stated that the elevations are considered final and
the modified BFE determinations and revised map panels will become effective on November 17th.
Because the F!S and FIRM represent the be:::t avaibble technical data, the cci.t:rmination must
remain for the maps to become effective on Novcmbel ~ 7,200.5.
FEMA acknowledges that the County is developing new analyses for the coastal and inland basins
that may ultimately be used to update your flood maps. I have a particular concern with the Golden
Gate Estates area. This area is currently mapped as Zone D (areas in which flood hazards are
undetermined). FEMA is committed to working with you to provide timely and accurate flood
hazard data so that citizens within this area and local government officials can make informed
floodplain management and insurance purchase decisions.
Under certain hurricane conditions, significant portions ofColJier County are flood prone. Unlike
the Florida Panhandle where these conditions have been ri.;cently realized, Collier County has been
fortunate to have avoided severe hurricane lcmdfall conditions in the last severa] decades. FEMA's
goal is to ensure that these flood risks are identified so local government and citizens can protect
property and life and ensure minimal economic losses through prudent l~~nd use and building
standards.
www.fema.gov
Agenda Item t\lo. 10F
September 13, 2005
Page 9 of 9
James V. Mudd
August 15, 2005
Page 2
In your letter, you discussed partnership and it is my understanding that members of your staff have
expressed interest in FEMA's Cooperative Technical Partner (CTP) Program. I have asked the
Region IV staff, in Atlanta, Georgia, to review this prospect and consider the County's qualifications
and commitment to working cooperatively in a fair and trustworthy manner. FEMA will enter into a
CTP agreement only if it is clear that the County is committed to the deadlines that are set and
willing to work closely with us to develop and maintain flood hazard data to ensure that citizens and
local government officials have the most up-to-date flood hazard information available to make wise
floodplain management and insurance decisions. At this time, I have asked the Region IV staff not
to enter into this CTP partnership until the details of the arrangement are finalized.
In the meantime, I encourage the County and the City of Naples to continue working with FEMA to
fmalize the analyses that are being prepared for the coastal and inland basins as well as eventually
update the FIS and FIRM. In a meeting that took place on June 22, 2005, at the
Region IV Office, with members of your staff and the City of Naples, a proposed schedule was
discussed. The schedule that was developed reflected a proposed timeframe of Fall 2007 for the
final PIS and FIRM to become effective.
If you have any questions or concerns regarding the FIRM for your community or the CTP Program,
please contact Mr. A. Todd Davison, Director, Federal Insurance and Mitigation Division ofFEMA
in Atlanta, Georgia at (770) 220-5400, or the FEMA Map Assistance Center toll free number at
(877) 336-2627 (877-FEMA MAP).
Sincerely,
DM:kb
cc: Mary Lynne Miller, Acting Regional Director, FEMA Region IV
A. Todd Davison, Director, Federal Insurance and Mitigation Division, FEMA Region IV
Dr. Robert E. Lee, Manager, City of Naples
Joseph K. Schmitt, Administrator, Collier County Community Development and Environmental
Services Division
Robert Wiley, Principal Project Manager, Collier County Engineering Services Department
-
,-
EXECUTIVE SUMMARY
Agenda Item NO.1 OG
September 13, 2005
Page 1 of 6
Recommendation to approve an addendum to the Lely Cultural Center Settlement
Agreement in support ofthe Emergency Service Complex, Project 52160
OBJECTIVE: To approve an addendum to the Lely Cultural Center Settlement Agreement to
allow for the construction of an Emergency Services Complex.
CONSIDERATION: This project was initially planned for the construction of an Emergency
Services Complex (ESC) at the Bembridge PUD on Santa Barbara Boulevard. This proposed
addendum to the settlement agreement would allow the site to be changed to the Lely Cultural
Center adjacent to Lely Elementary School on Lely Cultural Parkway.
On January 27, 2004, agenda item 16.K.1, the Board approved a Settlement Agreement and
Mutual Release between Collier County, Texas Industries, NV. and Collier Cultural and
Educational Center that approved the transfer of deed and Developer Contribution Agreement
for approximately 20 acres of land located on Lely Cultural Parkway. The agreement restricts
the use of the property to certain specified activities and structures.
On May 24, 2005, the Board did not approve the PUD amendment for the ESC at the
Bembridge PUD. Staff began discussions with Stock Development, LLC to determine the
feasibility of constructing the ESC off Lely Cultural Parkway and ultimately prepared this
addendum to the settlement agreement to clarify that the ESC is a permitted use, as an office
building, under the original settlement agreement.
The proposed addendum to the settlement agreement allows for an ESC in addition to other
facilities, such as a library, addressed within the settlement agreement, provides that the County
will develop the property substantially as portrayed in Exhibit "B" to the agreement, and provides
that the developer has review rights over the landscape buffer along Lely Cultural Boulevard.
FISCAL IMPACT: There is no fiscal impact related to this addendum.
GROWTH MANAGEMENT IMPACT: There is no impact on the Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners approve an addendum to the
Lely Cultural Center Settlement Agreement and authorize the chairman to execute the
agreement.
Prepared by: Ron Hovell, P.E., Principal Project Manager, Facilities Management Department
Item Number:
Item Summary:
Meeting Date:
Agenda lIem No. lOG
Seplemuer 13,2005
PLlqe 2 of 6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
lOG
R~commendali(jn to approve an aljdendum 10 the Lely Cullmal Cenle! Settlement
Agreement ill support ollhe Emergency Si:!lvlce Complex. Project 52160 (Companion to
Items 88 and 10H) (Len Price, Adminislr<llol. Admrnlslrallve Services)
9/13/20059:00:00 AM
Date
Apprll\'cd By
Skip Camp, C.FM
Admmistr~bve Services
Facilities Managenwnt Director
Facilities Management
B131/200!'i 12:43 PM
Dme
Appw\'cd 8)0'
P.rtrlck G. While
County Attorney
Auist<\nt County Attorney
County Attorney Office
9/112005 9:04 AM
Date
Approvcd B)o'
Len Golden Price
Admrnistrative Services
Administr.1tive Services Administrator
Administrative Services Admin.
9/1120059:18 AM
Date
AI)pnnicd B)'
OMB Coordinator
County Manager's Office
Administrative Assi5tant
Office of Management & Budget
9/1120052:44 PM
Date
Altproved By
Susan U.her
County Manager's Office
Senior ManagemenVBudgGt Analyst
Office of Manaoement & Budge1
9rt.12005 2:47 PM
MIchael Smykowski
Date
Approved By
County Manager's Office
Management & Budget Director
OffIce of Management & Budget
9/6/2:0054:01 PM
Appro\'cd By
James V. Mudd
BOJlrd 01 County
COmllli!lflioners
County Manager
Date
County Managp.f's Office
9KjI20QS 4:24 PM
Agenda Item No.1 OG
September 13, 2005
Page 3 of 6
ADDENDUM TO THE AMENDED lEl Y CULTURAL CENTER
SETTLEMENT AGREEMENT AND MUTUAL RELEASE
THIS ADDENDUM TO THE AMENDED LEL Y CULTURAL CENTER
SETTLEMENT AGREEMENT AND MUTAL RELEASE (hereinafter referred to as the
"Addendum") is entered into and made on the date when it has been executed by the
last of the parties to sign it, by and between Collier County, a political subdivision of the
State of Florida ("County") and Stock Development, LLC, a limited liability company
("Stock") authorized to conduct business in the State of Florida, and owner of the
property that is the subject of this Addendum.
WIT N E SSE T H:
WHEREAS, the County and Cibolo Investments, N.V. flk/a Texas Industries, N.Y.
("Cibolo") and Stock Development, LLC ("Stock"), entered into the Amended Lely
Cultural Center Settlement Agreement and Mutual Release attached hereto as Exhibit
"A" ("Settlement Agreement"); and
WHEREAS, Cibolo and Collier Cultural and Educational Center, Inc. no longer
have any ownership interest in the property subject to this Addendum and they are not
signatories to it; and
WHEREAS, the sole remaining party to the above referenced Settlement
Agreement, as amended, hereby agrees to this Addendum to the amended Settlement
Agreement to recognize an emergency operations/service center would be allowed to be
constructed on the property.
NOW, THEREFORE, in consideration of the mutual covenants, promises and
consideration set forth in this Addendum, and with the intent to be legally bound, County
and Stock agree as follows:
1. The fourth sentence of Paragraph 2.(e.) of the Settlement Agreement, as
amended, is further amended as follows to include the Collier County Emergency
Page 1 of 3
Agenda Item No. 10G
September 13, 2005
Page 4 of 6
Services Complex as a recognized use permitted by the Owner, Stock Development,
LLC:
"The County will be permitted to use the property only as a community park with such
activities as softball and soccer tournaments, a site for an office, specifically includina
use as an Emeraency Services Center office. a neighborhood park, library and post
office subject to the limitations set forth in this paragraph."
2. The Collier County Emergency Services Complex and all other
improvements on the Property shall be constructed in substantial compliance with the
conceptual site plan attached hereto and incorporated herein as Exhibit "B."
3. Prior to constructing any improvements on the Property, County shall
construct a landscaped buffer along Lely Cultural Boulevard. The landscaped buffer
shall be first reviewed by Stock, and the County will, to the extent not inconsistent with
County regulations implement any timely review comments provided by Stock.
4. Except as modified by this Addendum, all other provisions of the
Settlement Agreement and Mutual Release, as previously amended, remain unchanged.
IN WTNESS WHEREOF, the County and Stock have entered into and signed
this Addendum this
day of
,2005:
Page 2 of 3
,
COLLI ER COUNTY
A nEST:
DWIGHT E. BROCK, Clerk of
Courts of Collier County, Florida
By:
Deputy Clerk
\52s to ':t;n;' sufficiency
Patrick G.~
Assistant County Attorney
Witnesses:
~
lLC\fl LYVI (0
Print Name
S :\DA TA\WPDA T A\L1TIGA TE\SlockIADDENDUM.doc
Agenda Item NO.1 OG
September 13, 2005
Page 5 of 6
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
FRED W. COYLE, Chairman
STOCK DEVELOPMENT, LLC
By:
Page 3 of 3
Agenda Item No, 10G
September 13. 2005
Page 6 of6
I
I
~
I.
I I
II
I
II
,I
'--
e
i
I
.-
Agenda Item NO.1 OH
September 13, 2005
Page1of13
EXECUTIVE SUMMARY
Recommendation to approve a $91,750.00 change to contract #03-3448, "Professional
Architectural and Design Services for Collier County Emergency Services Complex", with
Harvard Jolly to site adapt the project to the Lely site.
OBJECTIVE: To approve a $91,750.00 change to contract #03-3448 with Harvard Jolly to site adapt
the Emergency Services Complex (ESe) to the Lely site.
CONSIDERATION: On June 10,2003 the Board approved a $1,859,000 design contract with Harvard
Jolly for the design of the Emergency Services Complex, agenda item 16-E-8. Three change orders
totaling $21,750 have been approved administratively since the June 10, 2003 approval and on July 26,
2005 the Board of County Commissioners approved change order number 4 for $214,797.50. All the
change orders to date have related to design changes to the building and additional services for the
Bembridge PUD amendment.
On May 24, 2005, the Board voted down the Bembridge PUD amendment and directed staff to look at
other possible sites for the ESC. At the July 26, 2005 the Board discussed alternative sites including the
Lely site and the Board continued the Item to the September 13, 2005 BCC meeting pending a revised
agreement with Stock Development to allow the ESC at the Lely site.
The additional work is to site adapt the proposed ESC to a 20 acre parcel of land located along the north
side of Lely Cultural Parkway approximately one half mile west of Collier Boulevard. The design work
will be coordinated with the proposed Library to be at the same site.
FISCAL IMPACT: Funds for the additional design services are available In fund 390 general
government facility impact fee, project number 52160.
GROWTH MANAGEMENT IMPACT: This request is consistent with the County's Growth
Management Plan and the Government Complex Projected Space Plan.
RECOMMENDATION: That the Board of County Commissioners I) approve a desib'11 contract change
with Harvard Jolly in the amount of $91,750.00 and 2) authorize the County Manager or his delegate to
ex ecute the contract change.
Prepared by: Peter S. Hayden, P.E., Senior Project Manager, Facilities Management Department
Item Number:
Item Summary:
Meeting Date:
Agenda Ilem No lOH
September 13, 2005
PHg~) 2 of 13
COLLIER COUNTY
BOARD OF COUNTY COMMISS!ONERS
10H
Recommel1CJa1ion to ilpprove fl $91.750,00 change hl c()ntn~ct #03-S448, Profesr,jonal
Architectural and D€slgn Services tor Collier COLlnty Emergenc'\l Services Complex, wit1,
Harvard Jolly to site adapt the project to the Lely site, !This item Companion to Item 8B) (Len
Pflce, Admmi$tralor. Administrative Services)
9/1J!2005 9:00:00 AM
Date
Approved By
Skip Camp. C.F .M.
Adminiatrative Services
FaciUties Management Director
FocililieB Manl'lgel'nent
6/31120058:33 AM
[llrte
Approved By
Ron Hovell
Administrative Servicos
Principal Project Manager
fllcilities Management
8!31f2005 8:54 AM
Date
ApJlroved By
Linda Jackson
Administratiw: Service'
Comracts Agent
Purchasing
6/311200512:38 PM
Date
Apprllvcd B}'
Len Golden Price
Administrative Services
Administratilic Services Administrator
AdministrlJtive Services Admin.
6(31/20051:37 PM
D'le
Aplu.oved By
Steve Carnell
Administrative Services
Purchasing/General SVc& Director
Purchasing
9/1f200S 12:21 PM
Date
^JlprO\'ed B)'
OMB Coordinator
County Manager':\'; Office
Administrative Assistant
Office of Milnagomel1t & BudgM
911l200$ 2:45 PM
Date
Approved B}'
Susan Usher
County Manager's Office
Senior Managel'l'lentlBlJdget Analyst
Office of Management 8. Budget
916120052:37 PM
Date
Approved By
Michn~1 Smykowski
County Mimagcr's Offlce
Management &. Budget Director
Office of Management & Budget
916120054:59 PM
O"'e
^I)proved By
James V, Mudd
Board of County
Commillsioneni
County Manllger
County Manager's Office
9/6/2005 5;27 PM
---~-- _____h___,___ --,--,--,,- --A!3€lRG ~
E M '( d T B . T d Sen1emQ~r 13, 2005
- at e 0 onme: ues ay, August30, .l~age 3 of 13
Date: Tuesday, August 30, 2005
':S)iNTEiFA;s,4rflOARDAGENDA. ITEM. PLEASE LOG ON rHE
Project Name: Professional Architectural and Design Services for Collier County Emergency Services Complex
Project Number: 52160
BIDIRFP #:
03-3448
Mod#:
5
PO#:
4500012091
Work Order Number: NA
Contractor/Consultant: Harvard Jolly, Inc.
Original Contract Amount: $ 1.859.000.00
(Starting Point)
Current BCC Approved Amount:
$ 2.095.547.50
(Last Total Amount Approved by the BCe)
Current Contract Amount:
$ 2.095.547.50
(Including All Changes Prior To This Modification)
Change Amount:
$
91.750.00
Revised Contract/Work Order Amount: $ 2.) 87.297.50
(Including This Change Order)
Cumulative Dollar Value of Changes to this Contract/Work Order: $ 328.297.50
Percentage Of The Change OverlUnder Current Contract Amount:
4.38%
%
Overview of change: To provide additional services based upon the Owner's request to move the project from the Santa Barbara
site to the newly proposed L y site.
Date:
Bh()/~\r
.
Scanned Date:
Data Entry Information:
Type of Change: Contract
Project Manager: Peter Hayden
Department: Facilities Management
~C~~!!ory Type, Circle One Below:
~~Planned or ;~:!i~
Unforeseen Conditions
3. Quantity Adjustments
4. Correction of Errors
5. Value Added
6. Schedule Adjustments
Scanned copies of the back up documentation may be located on the Purchasing G drive:
Revised 7/11/05
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item NO.1 OH
September 13, 2005
Page 4 of 13
PROJECT NAME: Emerl!encv Services Complex PROJECT #: 52160
BID/RFP #: 03-3448 MOD #: 2
PO#: 4500012091
WORK ORDER #: N/A
DEPARTMENT: Facilities
Original Contract Amount:
$ 1.859,000.00
(Starting Point)
Current BCC Approved Amount:
$ 2,095.547.50
(Last Total Amount Approved by the BCe)
Current Contract Amount:
$ 2,095,547.50
(Including All Changes Prior To This Modification)
Change Amount:
$ 91,750.00
Revised ContractIWork Order Amount:
$ 2.187.297.50
(Including This Change Order)
Cumulative Dollar Value of Changes to this Contract/Work Order: $ 328,297.50
Date of Last BCC Approval 7/26/05 Agenda Item # 16 E ]4
Percentage of the change over/under current contract amount 4.38%
Formula: (Current Amount / Last BCC approved amount)-l
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing
report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures,
Section 1l1.C.4.
CURRENT COMPLETION DATE (S):ORIGINAL:
CURRENT:
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Owner reQuests to move the proiect to another site.
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? The additional
services are due to owner input and the desire move the proiect to the Lelv site.
PARTIES CONTACTED REGARDING THE CHANGE: Ron Hovell. Skip Camp, Linda Jackson
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A)
.l Proposed change is consistent with the scope of the existing agreement
.l Proposed change is in fact an addition or deletion to the existing scope
.l Change is being implemented in a manner consistent with the existing agreement
.l The appropriate parties have been consulted regarding the change
.l Proposed prices, fees and costs set forth in the change are reasonable
APPROVE BY:
/
ATION: This form is to be signed and dated.
Q - 30- os-
Date: D
Date:
{J-]o-o"t'
G:\Construction & Capital Items\52160 Emergency Services Complex\Contract Work Order Modification Change No, 5,doc
Agenda Item NO.1 OH
September 13, 2005
Page 5 of 13
HARVARD JOLLY
Architecture
InteClor Design
Planning
Programming
Landscape
Program Management
BOARD OF DIRECTORS
R John Clees. AlA
Jeffrey E. Cobble. AlA
Ward J. Fnszolowskl. AlA
Michael K. Hart, AlA
William B. Harvard. Jr.. AlA
Steven M. Heiser. AlA
Ronald N. Lang. AiA
James A. Shawhen, AlA
Blanchard E, Jolly, Emer"us
2714 Dr ML King Jr St N
81. Petersburg. FL 33704
727,696-461'
www.HarvardJolly.com
AACOOQ119
August 25,2005
Peter Hayden
Department of Facilities Management
Collier County Government
General Services Building
3301 East Tamiami Trail
Naples, FL 34112
Re: Collier County Emergency Services Complex-03058
Dear Mr. Hayden,
Purs:.:ant to your request, we have 2ssemb!ed a prc~os:! to '3ite adapt the ESC to the new
anticipated Lely Site.
The following assumptions were made:
No changes will be made to the actual building
No PUD or development amendments are anticipated
Service entry points to the building will stay the same
Costs for Civil Engineering that deals with overall site permitting etc. will be split
between this and the library project as reflected in the attached fee proposal from
TKW.
The Construction administration required for the site will be split between this and the
library project although one project may precede the other.
The following contains a fee broken down hourly from Harvard Jolly which is anticipate to be a
lump sum, a not to exceed fee proposal from TKW which includes all anticipated items, some of
which may not be required and a not to exceed proposal from Scharfe and Associates. There is
no proposal from TLC for MEP as we do not anticipate a change in the actual building
configuration. There is also no fee proposal from Jenkins and Charland for structural, however,
there may be additional fees for structural if soil conditions at the Lely Site require re-engineering
of the footing design.
The following is a summary of the proposed fees followed by the actual proposals:
Harvard Jolly
Scharfe and Associates
TWK
$31,750.00
$ 6,000.00
$54,000.00
$91,750.00
Total
Please feel free to call regarding any questions or concerns you may have regarding this
proposal.
Jeffrey
Executi
HARVA
HARVARD JOLLY
Agenda Item NO.1 OH
September 13, 2005
Page 6 of 13
Architecture Harvard Jolly Inc.
Interior Design Proposed Fee Breakdown For Site Addapting The Collier ESC
Planning
Programming
Landscape Design New Site Layout
Program Management
Task Hours Rate Total
BOARD OF DIRECTORS Principal
R, John Clees. AlA
Jeffrey E. Cobble. AlA Design 16 $ 150.00 $ 2,400.00
Ward J. Friszolowski, AlA Meetings 12 $ 150.00 $ 1,800.00
Michael K. Hart, AlA
William B. Harvard. Jr.. AlA Presentations 12 $ 150.00 $ 1,800.00
Sle\lOn M. Heiser. AlA
Roneld N. Lang. AlA Project Manager
James A Shawhan, ALA
Blanchard E. Jolly, Emeritus Design 40 $ 100.00 $ 4,000.00
Meetings 24 $ 100.00 $ 2,400.00
Presentations 12 $ 100.00 $ 1,200.00
Architect
Production 40 $ 70.00 $ 2,800.00
CADD1 Production 120 $ 55.00 $ 6,600,00
Clearical Production 4 $ 35.00 $ 140.00
$ 23,140.00
Agency Reviews of New Site
Principal
Meetings
16
$ 150.00 $ 2,400.00
Project Manager
Meetings 20 $ '100.00 $ 2,000.00
Responses 40 $ 100.00 $ 4,000.00
Clerical
Responses 6 $ 35.00 $ 210.00
$ 8,610.00
TOTAL $ 31,750.00
2714 Dr ML King Jr St N
St. Pe1ersburg, FL 33704
727-896-4611
www.HarvardJolly.com
AACOO0119
Agenda Item NO.1 OH
September 13, 2005
Page 7 of 13
From:
To:
Date:
Subject:
"Marvin Scharf' <mscharf@scharfassociates.com>
"'JEFF COBBLE'" <j.cobble@harvardjolly.com>
8/22/05 5:35PM
2205-COLLlER COUNTY EMERGENCY SERVICES COMPLEX-LEL Y SITE
Jeff,
As requested, we propose to assist in the site adaptation of the Collier
ESC, if the Board approves this change at the September 13th meeting. We
estimate that we will be working with Harvard Jolly and TKW in the planning
phase, reviewing and providing our expertise, as well as attending design
team and Community Development Department meetings, as well as using agency
meetings. We estimate that these tasks will require 40 hours of effort. At
the approved hourly rate of $150, the fixed fee will be $6,000. for this
additional service. Please note that this fee is based on the fact that the
building configuration is not to change from the present design.
Marvin Scharf, AlA, NCARB
President
Scharf & Associates, Incorporated
954-566-2700 Phone
954-566-2770 Fax
Rug 24 2005 3:37PM
TKW CONSULTING ENG
239-278-0922 p.l
Agenda Item NO.1 OH
September 13,2005
Page 8 of 13
. cIvil . str.~IDr.1
August 24, 2005
Mr. Jeffrey E. Cobble, AIA
Harvard Jolly Clees Toppe Architects, P.A.
2714 9th Street, North
St. Petersburg, FL 33704
RE: Professional Services Proposal for
Collier County Emergency Services Complex
TKW Job Number 05719.00
Dear Mr. Cobble:
TKW Consulting Engineers, Inc. (TKW) is pleased to submit the following proposal to provide
Professional Services for Collier County Emergency Services Complex. It is our understanding
that the complex will be located within a 20 acre parcel of land located along the north side of Lely
Cultural Parkway one half mile west of Collier Boulevard in Collier County, Florida. _______
The following assumptions are made in preparing the following scope of services:
· All improvements to Lely Cultural Parkway or any other surrounding public road prompted by
this project will be limited to turn lane improvements only. Additional roadway improvements
that may be required are to be performed as an additional service.
· The COUNTY will be designing and permitting a library within the 20 ncre parcel in
conjunction with the Emergency Services Complex project. The library portion of the project
is to be performed by separate proposal. However, both projects will be included in the design
documents for pennitting.
· The existing land use entitlements are in place for a Site Development Plan (SDP) approval
from Collier County.
· . All applicable pennit application fees shaU be paid by the OWNER.
· COE and SFWMD upland/wetland lines are valid and no jurisdictional determinations are
required.
· No wetland impacts are proposed by the proposed project.
Our scope of service will be as follows:
Task 1
Survey Services
Prepare a signed, sealed and certified boundary I topographic survey that meets or exceeds the
sunrey requirements of the state of Florida.
The fee for Task I is $6,250.00.
Task n
Engineerine Services
(a) Traffic Impact Statement
Prepare a Traffic Impact Statement (TIS) as required for the CDP submittal meeting the
requirements of the collier county Land Development Code.
The fee for Task n(a) is $2,750.00.
Rug 24 2005 3:37PM
TKW CONSULTING ENG
23S-27S-0S22 p.2
Agenda Item NO.1 OH
September 13, 2005
Page 9 of 13
Mr. Jeffrey E. Cobble, AIA
Harvard Jolly Clees Tappe Architects, P.A.
August 24, 2005
Page 2
-r<<~
.
In,IIOlllllllal' civil' HrlCllr.'
(b) Engineering Design & Improvement Plans
TKW shall prepare engineering layout and design calculations for on-site improvements.
Specifically, the design will include paving and grading, design potable water service connections,
sanitary sewer service connections, and a storm water management system. TIle stonnwater
management plan design will be coordinated 'With tbe environmental consultant due to existing
wetlands located on site and anticipated wetland impacts.
TIle fee forTnskII(b) is $18,000.00.
Task ill
Environmental Science Services
(a) Prepare South Florida Water Management District (SFWMD) Standard General
Environmental Resource Pennit (ERP) application, supplemental documentation and coordinate
with district staff in support of application through SFWMD.
(b) Prepare Collier County Envrronmental Impact Statement (EIS) to be submitted with Site
---Bcvdvpmvut Plan application. ProVlde'cool'din-ation With county stafr-and respond to county
review comments in support of application.
(c) Prepare and submit U.S. AnnyCorps of Engineers (COE) No Permit Required Request
,
The fee for Task III is $12,500.00.
Task N
Landscape Architectural Design Services
TKW shall retain the services of a Landscape .t\rchitect for preparation of the required code
minimum landscape/irrigation plans. The Landscape Architect shall provide the following
services:
· Prepare landscape/planting plans for the entire project site in compliance with the OWNER's
program and budget. The landscape/irrigation plans will incorporate a "Smart Landscape"
which enhances the facilities with an emphasis on low maintenance.
. Design an automatic irrigation system that will provide all plant material with suitable levels of
supplemental water. The system will be designed in compliance with Xeriscape principles and
will provide flexibility to allow both plant establishments, as well as, sustain the plant material.
· Prepare and submit the SFWMD Water Use Permit Application on the OWNER's behalf. The
OWNER shall pay application fees.
· Perform two (2) intermediate site inspections, as well as, a fmal site inspection to determine if
work is being completed in accordance with the intent of the design.
Should the OWNER request a more enhanced landscape plan TKW will provide you with a
separate proposal for that specific service.
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The fee for Task N is $3.250.00.
Task V
Permitting Services
TKW sball prepare and submit permit applications to the applicable agencies for construction and
operation approval of the site improvements; prepare for and attend meetings and agency
presentations during the sufficiency review process; and provide additional infonnatlon and
modifications to the permit application, as required by the agenc)' and/or the client. The scope and
Au~ 24 2005 3:37PM
TKW CONSULTING ENG
239-278-0922 p.3
Agenda Item NO.1 OH
September 13, 2005
Page 10 of 13
Mr. Jeffrey B. Cobble, AlA
Harvard Jolly Clees Toppe Architects, P.A.
August 24, 2005
Page 3
--r<<~
.,
I..lran.eatel . tllll . IUUIUrI'
associated fees are based on up to three (3) sufficiency responses. The OWNER shall pay
application fees. TKW shall prepare and submit the following site related permit applications of
the OWNER's behalf:
· SFWMD ERP Pennit Modification
· FDEP Sanitary Sewer Collection System Permit
· FDEP Potable Water Line Extension Permit
· Collier County site Development Plan (SOP)
· NPDES
The fee for Task V is $5,000.00.
Task VI Construction Services
Construction Services shall include the attendance to a pre-bib meeting, attendance to a pre-
construction meeting, response to bidder's questions, and response to Contractor's Request for
Information (RFI) during construction, review shop drawings relative to the project for generaL_n__
compl1am:e WIth the mtent of theaesfgn. In addition, we will provide construction observation to
determine if work is being completed in accordance with the drawings and final certifications for
site aspects only. We have included site visits, as required for adequate observation of site
construction including underground utilities and sewer construction.
Task VII
The fee for Task VI is $4.000.00.
Final Pennit Certifications
Prepare Record Drawings for certification of site improvements by utilizing contractor supplies
"As-Built" drawings. Prepare a final punch list for site improvements based upcm site observations
made during the course of construction. Prepare and submit Certificate of Substantial Completion
to the applicable government agencies.
The fee for Task VII is $2,250.00.
Professional Service Fees
The Iwnp sum fee is $54,000.00 (as detailed below). Any additional work authorized by yotl or
requested revisions after the completion of the construction documents will be billed at our
currently hourly rates in addition to the lump sum fee quoted above.
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Task I
Task Il(a)
Task II(b)
Task III
Task N
Task V
Task VI
Task vn
Survey Services
Traffic Impact Statement
Engineering Design &, Improvement Plans
Environmental Services
Landscape Architectural Design Services
Permitting Services
Construction Services
Final Pemut Certifications
$6,250.00
$2,750.00
$18,000.00
$12,500.00
$3.250.00
$5,000.00
$4,000.00
$2,250.00
Services covered by this agreement will be performed in accordance with the PROVISIONS.
GEl\ERAL CONDITIONS stated on the reverse side of this proposal and any attachments or
schedules. This agreement supersedes all prior agreements and understandings and may only be
changed by written amendment executed by both parties.
Ru~ 24 2005 3:37PM
TKW CONSULTING ENG
23S-278-0S2A~enda Item No. 10H 4
September 13, 2005
Page 11 of 13
1.1r. Jeffrey E. Cobble, AlA
Harvard Jolly Clees Toppe Architects, P.A.
August 24, 2005
Page 4
~~
III .
...lronll..181 . !:Ivll . SU.ClUB.
Services specifically excluded are: rezoning sc::rvices, survey services, structural engineering related
services, traffic signalization design, geotechnical services, engineering services which are
nonnally provided by specialty engineers, and architectural design/detailing responsibilities.
Additional fees will be negotiated if such additional service is required. ,
Should you have any questions regarding this proposal or any other engineering aspects, please feel
free to contact me. If the terms of this contract are acceptable, please sign below and we ,,,ill begin
immediately. 'Ibis contract will expire if not approved within ninety days from the preparation
date.
Sincerely,
TKW CONSULTING ENGINEERS, INC.
fJ-JJ flL~.
Daniel P:Tonnson;PI~~--
Civil Engineering Manager
DPJ/abb
Enc1osW'es:
Current hourly rates, Provisions-General Conditions
The terms and conditions of this proposal including the terms on the attached General Conditions
are accepted:
Approved by CLIENT
Accepted for
TKW Consulting Engineers, Inc.
Signed:
Signed
Name:
Name:
Title :
Title:
Date:
Date:
Please sign both originals and n:tum to our office. We will then execute and return one original 10 your office. Thank you.
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CHANGE ORDER
CHANGE ORDER NO.5
RFP #03-3448
TO: Jeffrey E. Cobble, AlA, Executive Vice President
Harvard Jolly Clees Tappe Architects, P.A., AlA
2714 DR ML King Jr St N
S1. Petersburg, FL 33704
DATE: August 30,2005
PROJECT NAME: Collier County Emergency Service Center
Under our AGREEMENT dated 6/1 0/2003
Agenda Item NO.1 OH
September 13, 2005
Page 12 of 13 1
PROJECT NO.: 52160
Agenda Item NO.1 OH
September 13, 2005
Page 13 of 13 2
CHANGE ORDER NO.5
PAGE 2
You hereby are authorized and directed to make the following change(s) in accordance with terms and
conditions of the Agreement:
Site adapt ESe to the anticipated Lelv site.
For the increased sum of
$ 91,750.00
Original Agreement Amount
$ 1,859,000.00
Sum of Previous Changes:
$ 236,547.50
This Change Order (Increase)
$ 91,750.00
Present Agreement Amount
$ 2,187,297.50
The time for completion shall be (increased / decreased) by N/ A calendar days due to this Change Order.
Accordingly, the Contract Time is now 720 calendar days. The substantial completion date is N/ A and the
final completion date is N/A. 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 arising out of or related to the change
set forth herein, including claims for impact and delay costs.
Accepted:
2005
OWNER: Board of County Commissioners of
Collier County Florida
ARCHITECTS:
Harvard Jolly Clees Toppe Architects, P.A. AlA
BY:
Skip Camp
Director, Department of Facilities
Management
Agenda Item NO.1 01
September 13, 2005
Page 1 of 6
EXECUTIVE SUMMARY
Discussion of possible solutions to resolve a code violation against Wesley Ceeley for
clearing land on Richards Street without proper permits.
OBJECTIVE: To seek Board direction on a resolution to a code violation case against
Wesley Ceeley. Mr. Ceeley's property was partially cleared without a permit and this case
has been on hold since it was first heard as a public petition at the June 14, 2005 Board of
County Commissioners (BCe) meeting.
CONSIDERATION: This item was discussed as a petition requested by the property
owner, Wesley Ceeley, at the June 14, 2005 BCC meeting and was voted to be brought
back for consideration. A code enforcement violation was brought against the property
owner due to an estimated clearing of 1.5 acres without a permit (see attached pictures and
an aerial of the area). The violation was based on vegetation removal of canopy, midstory
and understory and that no County permits were obtained. The ground was altered from
machinery that was used to remove the vegetation. Code enforcement personnel responding
to a complaint of clearing on three properties on Richards Street noted the damage and
brought forward the violation against the property owner since, even though the Code
Enforcement personnel believed Mr. Ceeley didn't have anything to do with the clearing,
as the property owner, he is responsible for the damage. As was discussed at the June 14th
meeting, Mr. Cee1ey claims that he did not do the clearing and that it was possibly the
County's road contractor (working across Richards Street) or another County contractor
working nearby that cleared the land. The County's contractor has previously stated that
they did not clear the land and that the clearing that was done was not consistent with the
way that they do it. In addition, the Contractor pointed out that they would not clear more
area than the contract called for since they would not be paid for it.
The estimated cost to repair the damage and return the property to previous condition is
$25,000 to 35,000. As was stated at the June 14th BCC meeting, it appears that we are not
going to be able to determine who is responsible for the clearing. None of the neighbors
contacted were able to provide any information as to who cleared the land or when it was
done.
At this point, the Board's options are to have Mr. Cee1ey: 1) Apply for and obtain a
Building Permit within 60 days; 2) Submit a mitigation plan in accordance with Ordinance
04-41, as amended, section 1O.02.06(E)(3) essentially restoring the vegetation removed; 3)
Make a donation of land or funds; 4) Make a claim against the County's contractor if he
believes that they are responsible for the damage, or 5) Finally the last option is that the
Board dismiss the code violation.
FISCAL IMPACT: There is no fiscal impact to the County.
,,-.,..,
GROWTH MANAGEMENT: These proposed actions are consistent with the Growth
Management Plan.
Agenda Item NO.1 01
September 13, 2005
Page 2 of 6
RECOMMENDA TION: Based on the lack of evidence and the Code Enforcement
personnel's opinion that Mr. Ceeley probably did not clear the land, staff recommends
dismissing the code violation, but acknowledging that the land clearing was not consistent
with the contention that the road contractor cleared this property.
Prepared By: Donald L. Scott, Director, Transportation Planning
Attachment: 3 Aerial Photos
,-
2
Item Number:
Item Summary:
Meeting Date:
Agenda I:em No. 101
SepternlJer13,2005
Page :1 of 6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
101
Discussion of pos~.ibl(; solutions to resol\l€' s code violation against Wesley Ceeley for
ci~arillg land em Rlcl13rds Street without proper permits (Norman Feder. Adllllllislralor,
Transportalion Services)
9/13/20059:00:00 AM
On.
Approved B)"'
Norm E. Feder, AICP
Transportation Service&:
Tran~portiltion Division Administrator
Transportation Services Admin.
9161200510;34 AM
Dato
Af)proved By
Joseph K. Schmitt
Community Oltli8Lopment &
Environmental Services
CommunIty DC\lctopmcnt &
Environmental Services Adminstrator
Community Development &
En\lirollmental Services Admin.
916/20051:07 PM
Dot.
Approved By
OMS Coordinator
County Manager's OffielD
AdministraU\le AssiSlotant
Office of Management & Budget
9,1(1/2005 1 :27 PM
Dot.
Approved OJ
Mark lsackfion
County Manager" OfflOIil
Budget Analyst
OfficI;' of Manage~nt & Budget
916120054:59 PM
Dot.
Approved By
MlchacJ SmykoW'ki
County Manager's Office
Management & BUdget Director
Ofrice of Management & Budget
916/20D5 5:08 PM
Dare
ApllrO\'ed By
James V. Mudd
Board of County
COll1missionel1l:
County Manager
County Manager's Office
916/20055:46 PM
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Agenda Item No. 10J
September 13, 2005
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation to award bid number 05-3866 to Douglas N. Higgins, Inc. in the amount
of $1,114,560.00 and allocate an additional $111,440.00 in contingencies for construction of
the US 41 Water Main from Collier Boulevard (CR 951) to Manatee Road, and to approve
the necessary budget amendment, Project 70153.
OBJECTIVE: For the Board to award a contract for construction ofa continuation of the US 41
Water Main that will connect to existing mains at Collier Boulevard and Manatee Road. The
public pwpose is to provide additional water quantity and pressure for customers east of CR 951
in the vicinity of US 41 and to supply water to existing and proposed water storage facilities on
Manatee Road.
CONSIDERATIONS: The scope of work includes the construction of approximately 8,000 feet
of 16-inch water main along US 41 from east of CR 951 to Manatee Road. This project is
consistent with the 2003 Water Master Plan Update that was approved by the Board on May 25,
2004, Agenda Item 10 (D).
The Board approved a contract for design of this project on December 16, 2003, Agenda Item 16
(C) 19. On July 1,2005, the project was advertised for bids and one hundred forty notices were
sent. Prospective bidders purchased six sets of bidding documents and on August 8, 2005, 2 bids
were received for the project as follows:
Company
Douglas N. Higgins, Inc.
Mitchell & Stark Construction Company, Inc.
Bid
$1,114,560.00
$1,442,650.00
The engineer's estimate for the project was $1,435,000. Douglas N. Higgins, Inc. was the lowest,
responsive bidder and they have a satisfactory performance record on previous projects involving
similar work. In consideration of this, staff recommends award of this bid to Douglas N. Higgins,
Inc.
Staff also recommends a contingency of $111 ,440 to be used for any necessary changes up to ten
percent of the contact amount. This contingency will only be used upon written approval of
Staff and any amount in excess of $111,456 required for the contract will be brought before the
Board for approval.
The Clerk's Finance and Accounting Division has reviewed the information contained in this
Executive Summary.
FISCAL IMPACT: A total of$I,226,000.00 is needed for the bid amount of $1,114,560 plus a
construction budget contingency of $111,440. Funds in the amount of $860,000 are available for
the project from water impact fees (Fund 411) in the FY 2005 budget that was approved by the
- Board on September 23, 2004. A budget amendment in the amount of $366,000 is needed to
transfer the needed additional funds from water impact fee reserves to project 70153.
,-
Executive Summary
Award Bid
Page 2
Agenda Item NO.1 OJ
September 13, 2005
Page 2 of 5
GROWTH MANAGEMENT IMP ACT: The Project is consistent with, and furthers the goals,
objectives and policies of, the Collier County Growth Management Plan.
RECOMMENDATIONS: That the Board of County Commissioners, as Ex-officio the
Governing Board of the Collier County Water Sewer District:
1. Award and authorize the Chairman to execute a standard County contract, after County
Attorney review, for construction of the US 41 Water Main from Collier Boulevard (CR
951) to Manatee Road in the amount of$1,ll4,560.00 to Douglas N. Higgins, Inc.
2. Allocate an additional $111,440.00 in contingencies for construction.
3. Approve the necessary budget amendment.
PREPARED BY: Ronald F. Dillard, P.E., Senior Project Manager, Public Utilities Engineering
Department.
Item Number:
Item Summary:
Meeting Date:
I\genda 11em No 10J
September 13, 2005
Pa~ie ] of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
10J
Recommendahon 10 award bid num~HH 05-3866 to Doughnl N. Hif)gin~. inc. in ltle amount of
$1,114,560.00 and allocate an additional $1 11 ,440.00 in contingencies fOI construction of the
US 41 Water Main from Collier Boulevard (CR 951) 10 Manatee Road, and to approve the
necessary budget amendment. Project 70153. (Jim Delony, Administrator, Public Ulillties}
9/13/2005 9:00:00 AM
Dot.
Appro\'cd By
Thomas Wides
Puhllc Utilities
Operations Director
Public Utiltti~ OperatIons
8,191200512:01 PM
Dtrte
Appro\'ed By
WilHam D. Mullin. PE
Public Utilitlf.'1l:
Principal Project Mannger
Public Utilities Engineering
BI9/2005 3:08 PM
Oat.
Approved By
Jack p, Curran
Administrative Services
Purchasing Agent
Purchasing
St9f200S 3:53 PM
Date
Appro1-'cd B)'
Steve.> Carnell
Administrlltive Services
Purchasing'General SVC$ Dimctor
Purchasing
8/10/20059:01 AM
Date
Approvcd By
Paul Mattausch
Public Utilities
Water Director
Wat"r
8/10'200510:30 AM
Oat.
Approvcd Dy
Roy B. Anderson. P.E.
Public Utilities
Public Utilities Engineering Director
Public Utilities Engil1l!erinQ
8/1Z12005 6:25 AM
Olilte
Approved By
James W. Delony
PubliC Utilrt,e.
Public Utifitie5 Administrator
Public Utilities Adminilitratlon
6112/200512:.44 PM
Date
Approved By
OMS Coordinator
County Manager's Office
Admmistrative Assistant
Office of Management 8. 8udg~t
6115120057:34 AM
D.te
Apprm:cd Dy
Susan Usher
Count)' Manager'5 Office
Senior Mnn.ogementfBudget Analyst
Office of Managernent & Budget
8/1612005 t2:17 PM
Date
Approved By
Michael Smykow&ki
County ManOlger't; OffIce
Management & Budget Director
Office of Management 8. Budget
8!23/2005 1 :45 PM
Date
Approvcd By
James V, Mudd
Bc.ard of County
Commissioner,;
County Manager
County Mtlllager's Office
8/30,120052:30 PM
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Agenda Item NO.1 OK
September 13, 2005
Page 1 of 16
EXECUTIVE SUMMARY
Recommendation to approve the purchase of Right-of-Way Parcel No. 146, Temporary
Construction Easement Parcel No. 746 and Perpetual, Non-exclusive Drainage Easement
Parcel No. 846 which are required for the expansion of Collier Boulevard project 65061.
Total fiscal impact: $1,363,392.
OBJECTIVE: To approve a Purchase Agreement for the acquisition of a 0.92 acre parcel of
right-of-way in fee simple, a 0.04 acre temporary construction easement, and a 5.09 acre
drainage easement required for the construction of the six-Ianing improvements to Collier
Boulevard (Project No. 65061).
CONSIDERATIONS: The parent tract property, located between Indigo Lakes and Brittany
Bay / Camden Cove on the west side of Collier Boulevard, contains 38.5 acres. The County's
official written purchase offer for the right-of-way, the pond property and the temporary
construction easement, dated May 5, 2005, was based upon the appraiser's estimate of value (at
that time) of $225,000 per acre, for a total purchase price of $1,354,950. The offer was
predicated upon the taking of the right-of-way and the land for the stormwater retention and
treatment pond in fee simple, should condemnation be required in order to obtain the property.
In the meantime, an agreement was proposed whereby the property owner would retain record
title (the underlying fee estate) to the pond parcel, conveying instead a perpetual drainage
easement to Collier County for the stormwater retention pond. This agreement allows the owner
to retain the density attributable to the pond property, and reduces the purchase price to the
County.
The Purchase Agreement being presented for Board consideration requires the payment of
$1,255,605 to the property owner, and the payment of $82,889.69 for attorney and expert fees,
for a total of $1,338,494.69. This represents a savings of $16,456 under the County's last
purchase offer, and an estimated savings of $164,000 under the appraiser's probable estimate of
compensation for the September 2005 order of taking hearings. Furthermore, on top of the extra
$164,000 payment to the owner in September, the County could have expected to pay another
$48,700 in attorney fees (according to the statutory benefit formula) even if the final judgment
never increased a penny from the County's deposit into the court registry.
FISCAL IMPACT: Total expenses are $1,363,392 including all land, easements and severance
damages, attorney and expert witness fees, title insurance, and recording costs, as well as the cost
of the design and construction of the turn lane being constructed for the property owner as part of
the Collier Boulevard project, which was deducted from the purchase price of the right-of-way.
Source of funds will be gas tax and road impact fees.
,..~
Agenda Item NO.1 OK
September 13, 2005
Page~of 16
GROWTH MANAGEMENT IMPACT: The Collier Boulevard Project 65061 is part of the
County's Capital Improvement Element and is an integral part of Collier County's Growth
Management Plan.
RECOMMENDATIONS: Recommendation that the Board of County Commissioners of
Collier County, Florida:
1. Approve the terms and conditions of the attached, unexecuted Draft Purchase Agreement
and authorize its Chairman to execute on behalf of the Board the original Purchase
Agreement, in substantially the same form, including all of the same terms and conditions
relative to the purchase price and the obligations of the parties thereto, once it has been
executed by the property owner and approved and signed by the County Attorney;
2. Accept the conveyance of the subject parcels, and authorize staff to close the transaction
and record the conveyance instruments in the public records; and
3. Approve any budget amendments necessary to accomplish the collective will of the
Board.
Prepared by: Kevin Hendricks, Right-of-Way Acquisition Manager, TECM Right-of-Way
Attachment: Draft Purchase Agreement
Item Number.
Item Summary:
Meeting Date:
Agenda !lem No lOK
Septenlber 13, 2U05
Paw.) 3 of 16
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
10K
Rt:commendalion 10 Hpprove ttle purchase of Ripht.of..Way Parcel No 146, Temporary
Construction Easement Pal'eel No. 746 and Perpetual, Non.excluslve Drainage Easement
Parcel No. B46 whicl1 are required lor the ~xpanslon of Colllt:r Boulevard project 65061 Total
fiscal Impact: $1.363.392. (Norman Feder, Adminrstrator, Transportation Services)
9112,120059:00:00 AM
Dm.
Prepared By
Kevin Hendricks
Transportation Services
Right Of Way Acqui~itlon Manager
Tranfiportation Engineering and
Construction
81'23/200512:26;28 PM
Dat.
Approved By
Kevin Hendricks
Transportation Services
Right Of Way Acquisltion Manager
Tran5'iponation Engineering and
Con.truclion
8/23/200512;27 PM
Dnte
Approved By
Norm E. Feder. AICP
Transportlrtlon Services
Transportation Division Administrator
Transportation Service!> Admin
8!23f2Q05 1:19 PM
Date
Approved By
Golry Puta.ansuu
Transportation Services
Senlor Project Manager
Transportation Engineering and
ConRtruction
B123f20051:J5PM
Date
Aflproved By
Jay Ahmad
Trnnsportation Services
Director
Transportation Enginef.!ring &
Construction Management
ar2312005 1:42 PM
Date
Appruved By
Usn T nylor
Transportation Services
ManagementlBlldget Analyst
Transportation Administration
8123/20052:49 PM
Date
Approved By
Sharon Newman
Trl\nsportAlion SerVices
Accounting Supervisor
Transportation Adminb;trntion
U,l4!ZOOS 4:1t PM
Date
Approved By
P 111 lehnhard
Transportation Services
Executive Secretary
TransportatIon Services Admin
8/25120058:59 AM
Oat.
Appro,,'cd B~'
OMS Coordinator
County Manager's Office
Admilllstrative Assistant
Office of Management & Budget
8129/20059:28 AM
Date
Allproved B)-'
Susan Usher
County MD:nager's OffIce
Senior ManagOtnCnllBlldgat Analyst
Office of Man.age-~flt & Budget
8/JOf20Q510:!i2 AM
Date
Apllrll\lcd By
Michael Smykowski
County Manager'~ Office
Managemont & Budget Director
Office of Mt'lnngement & Budget
8f30/2005 12:25 PM
Date
Appro\'cd By
J~mes V. Mudd
Board of County
Commissioners
County Manager
County M.lnnger's Office
91212'00512:37 PM
Agenda Item No 10K
September 13, 2005
Page 4 of 16
DRAFT
PROJECT: Collier Boulevard
PARCEL No(s): 146,746 & 846
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into this _ day of , 2004, by and between
All R. GHAHRAMANI, M.D. INVESTMENT LIMITED PARTNERSHIP, a Florida limited
partnership, whose mailing address is 7223 Ayrshire Lane, Boca Raton, FL 33496
(hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of
the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida
34112 (hereinafter referred to as "Purchaser').
WHEREAS, Purchaser requires a Fee Estate in Parcel No. 146, a three (3) year
Temporary Construction Easement across Parcel No. 746, and a Perpetual, Non-
exclusive Drainage, Utility and Maintenance Easement over, under, upon and across
Parcel No. 846 (for the construction of a stormwater detention and treatment pond, with
rights to, landscape and irrigate around the perimeter of same and to install in the pond
a lighted fountain for aesthetics and for aeration), all said Parcels (hereinafter
collectively referred to as the "Property") described in Exhibit "A", which is attached
hereto and made a part of this Agreement; and
WHEREAS, Owner desires to convey the Property to Purchaser for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the
Property; and
WHEREAS, Owner has requested that Purchaser, during and as a part of the
construction of the Collier Boulevard improvements, construct a right turn deceleration
'lane serving Owner's remaining lands, with the total turn lane length not less than 250
feet (including taper), with the turn lane serving a project entrance on Owner's lands,
said entrance being centered at Station 190+00, according to the Collier Boulevard,
Project No. 65061, Phase IV Bid Plans, dated July 2005, to which request Purchaser
has agreed; and
WHEREAS, Owner has requested that the cost of designing and constructing the
above-referenced right turn deceleration lane ($19,426.00) shall be deducted from the
compensation for the Property by Purchaser, to which request Purchaser has agreed;
and
WHEREAS, Owner has requested that Purchaser's Collier Boulevard (Project No.
65061) construction contractor include Owner as a named insured on contractor's
general business liability insurance policy, and provide that the contractor shall
indemnify Owner from all costs and damages arising out of contractor's negligent acts
or omissions in the performance of its work on the Property, to which request Purchaser
has agreed; and
WHEREAS, Owner has requested the right to review Purchaser's landscape
plans and to upgrade, at Owner's sole cost and expanse, any landscaping which
Purchaser might propose within Parcel 846, to which request Purchaser has agreed;
and
WHEREAS, Owner requests the option to jointly use, and/or to relocate, modify
and/or reconfigure the stormwater detention and treatment pond, subject to permit
approvals from the South Florida Water Management District, the Collier County
Development Services Division, and any other reviewing agencies, to which request
Purchaser has agreed; and
Purchase Agreement
DRAFT
Agenda Item No. 10K
September 13, 2005
Page 5 of 16
Page 2
WHEREAS, the finished floor elevations for any habitable structures on Owner's
remaining lands are calculated based upon the total area of impervious surfaces
proposed for the site when compared to the pervious area of the overall project site,
subjected to the .one hundred year rain event;" and
WHEREAS, Purchaser's Engineering Services Department staff, Division of
Community Development and Environment Services, has assured Owner that the
existence of Purchaser's stormwater detention and treatment pond located within
Parcel No. 846, constructed in accordance with the plans and specifications attached
hereto as Exhibit "B," is not a relevant consideration in the determination of the finished
floor elevations of any structures which may be proposed for construction on Owner's
remaining lands; and
WHEREAS, Owner has requested that Owner's rights and obligations created
under this Agreement relative to the option to jointly use, and/or to relocate, modify
and/or reconfigure the stormwater detention and treatment pond, and to maintain the
sod and landscaping within Parcel No. 846 with more frequency than required by
Purchaser's maintenance schedule, shall survive Closing and pass to Owner's
successors in interest to Owner's remaining lands, to which request Purchaser has
agreed; and
NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars
($10.00), and other good and valuable consideration, the receipt and sufficiency of
which is hereby mutually acknowledged, it is agreed by and between the parties as
follows:
1. All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below, and all Exhibits
referenced herein are made a part of this Agreement.
2. Owner shall convey the Property to Purchaser for the sum of:
$1.255.605.00
subject to the apportionment and distribution of proceeds pursuant to
paragraph 18 of this Agreement (said transaction hereinafter referred to as the
"Closing"). Said payment to Owner, payable by County Warrant, shall be full
compensation for the Property conveyed, including all landscaping, trees,
shrubs, improvements, and fixtures located thereon, and for any damages
resulting to Owner's remaining lands, and for all other damages in connection
with conveyance of said Property to Purchaser. It is acknowledged and
agreed by the parties that payment of the above-referenced sum reflects
Purchaser's deduction of $19,426.00 to cover Purchaser's cost of the design
and construction of a deceleration lane serving Owner's remaining lands.
Furthermore, Purchaser shall make payment into the trust account of the law
firm of Forman, Hanratty & Montgomery, in the amount of $82,889.69 to cover
all attorneys' fees, expert witness fees and costs as provided for in Chapter
73, Florida Statutes. It is mutually understood that the Property is being
acquired under threat of condemnation.
3. Purchaser shall design and construct, a right turn deceleration lane serving a
project entrance on Owner's remaining lands, said entrance being centered at
Station 190+00 according to the Collier Boulevard Project No. 65061, Phase
IV Bid Plans, dated July 2005, with the total lane length not less than 250 feet
(including taper). Purchaser's construction of said turn lane shall not relieve
Owner of any other obligations relative to access and safety at the time of the
development of Owner's remaining lands. Purchaser's Transportation Division
staff has assured Owner that as of the date of this agreement the turn lane
described above meets or exceeds minimum design standards for a right turn
Purchase Agreement
DRAFT
Aaenda Item No. 10K
September 13, 2005
Page 6 of 16
Page 3
lane on a major arterial roadway serving a residential development consisting
of as many as 273 dwelling l:Jnits.
4. No later than 60 days prior to awarding the contract for the eventual
landscaping of the Collier Boulevard right-of-way corridor, between Golden
Gate Boulevard and Immokalee Road, Purchaser shall provide Owner with
any plans pertaining to landscaping proposed within Parcel No. 846.
5. Owner shall have 30 days from the receipt of said landscaping plans to
propose additional and/or upgraded landscaping within Parcel No. 846. Any
such additional and/or upgraded landscaping approved by Purchaser for
planting within Parcel No. 846 shall be at Owner's sole cost and expense.
6. Purchaser shall present Owner with an estimate of the cost of the additional
and/or upgraded landscaping within 15 days of receipt of the upgrade
proposal from Owner.
7. Owner shall have 15 days from the receipt of the Purchaser's estimate of the
cost of the upgrade proposal to make payment to Purchaser in an amount
equal to the cost estimate plus twenty percent (20%). Purchaser shall have
sixty (60) days from the date of final payment to the landscaping contractor for
the Collier Boulevard project to refund to Owner the difference between the
actual cost of the additional and/or upgraded landscaping and Owner's
payment for same, in the event that Owner's payment exceeds the actual
cost. If actual landscaping costs exceed the payment made by Owner,
Purchaser shall invoice Owner for the difference in cost, and Owner shall
make payment to Purchaser for the difference in cost within 30 days of receipt
of invoice from Purchaser.
8. Upon obtaining a surface water management permit from the SFWMD
covering both Parcel No. 846 and the Parent Tract, Owner may jointly use,
relocate, modify and/or reconfigure the stormwater detention and treatment
pond on Owner's remaining lands provided that both during and after the
relocation, modification and/or reconfiguration, the pond's acceptance of
stormwater discharge from Collier Boulevard shall be continuous and
uninterrupted, and if so constructed, Owner shall grant to Purchaser, within 60
days of receipt of the permit for construction, at no charge, free and clear of all
encumbrances, a revised Perpetual, Non-exclusive Drainage and Utility
Easement, without responsibility for maintenance, to reflect the new location,
modification and/or reconfiguration of the pond, which easement shall be of
sufficient size to provide for access and maintenance around the perimeter of
the pond. The Owner will also convey to the Purchaser, in a recordable form,
free and clear of all encumbrances, a permanent easement for access and
maintenance purposes connecting the stormwater discharge structure No. S-
508 located at Station No. 191 +78 (left) on the Collier Boulevard Project No.
65061, Phase IV Bid Plans, dated July 2005, to the relocated, modified and/or
reconfigured stormwater detention and treatment pond on Owner's remaining
lands. In return, Purchaser will convey back to the Owner any portion of
Parcel No. 846 that is not contained in the revised drainage and utility
easement.
9. Owner shall have sole discretion over the location and configuration of the
stormwater detention and treatment pond as long as it does not affect the
intended function of the pond and meets the conditions of the County's
Environmental Resource Permit for the Collier Boulevard six-Ianing project.
Owner will not discharge into the pond unless approved as part of Owner's
surface water management permit. It is the parties' intent that the Owner may
relocate, modify and/or reconfigure the pond to be constructed by Purchaser
within Parcel No. 846, by constructing a discharge conveyance system from
the point of Collier Blvd. stormwater discharge (see paragraph no. 8 above) to
Purchase Agreement
DR AFT
Agenda Item No, 10K
September 13, 2005
Page 7 of 16
Page 4
the relocated, modified and/or reconfigured Parcel 846, whether via
underground pipe or via open swale, and if so replaced, the Purchaser will
have such rights of access from the location of the Collier Blvd. stormwater
discharge structure to the future stormwater detention and treatment pond as
are necessary to ensure the stormwater detention and treatment pond's ability
to accept and to treat the Collier Boulevard stormwater discharge, and to
maintain the stormwater conveyance system, irrespective of whether Owner
has assumed maintenance responsibilities per this provision.
10. Upon the relocation, modification and/or reconfiguration of the pond, Owner
shall take such reasonable steps as are necessary to prevent errant
stormwater discharge into any location not permitted for such purposes,
including but not limited to removing drainage structures no longer required
due to relocation, modification and/or reconfiguration of the pond and/or
capping any pipes to which the said drainage structure was attached.
11. Owner shall convey a marketable title free of any liens, encumbrances,
exceptions, or qualifications. Marketable title shall be determined according to
the applicable title standards adopted by the Florida Bar and in accordance
with law. Prior to the Closing, Owner shall cause to be delivered to Purchaser
the items specified herein and the following documents and instruments duly
executed and acknowledged, in recordable form (hereinafter referred to as
"Closing Documents"):
(a) Warranty Deed (for Parcel No. 146);
(b) Temporary Construction Easement (for Parcel No. 746);
(c) Perpetual, Non-exclusive Drainage, Utility and Maintenance Easement
(for Parcel No. 846);
(d) Closing Statement;
(e) "Gap", Tax Proration, Owner's and Non-Foreign Affidavit;
(f) W-9 Form; and
(g) Such evidence of authority and capacity of Owner and its representatives
to execute and deliver this agreement and all other documents required
to consummate this transaction, as reasonably determined by Purchaser,
Purchaser's counsel and/or title company.
12. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions
and/or qualifications encumbering the Property, the execution of such
instruments which will remove or release such encumbrances from the
Property upon their recording in the public records of Collier County, Florida.
Owner shall provide such instruments, properly executed, to Purchaser on or
before the date of Closing.
13. Purchaser shall pay all fees to record any curative instruments required to
clear title, all conveyance instrument recording fees, and any and all costs
and/or fees associated with securing and recording a Release or
Subordination of any mortgage, lien or other encumbrance recorded against
the Property; provided, however, that any apportionment and distribution of
the full compensation amount in Paragraph 2 which may be required by any
mortgagee, lien-holder or other encumbrance-holder for the protection of its
security interest or as consideration for the execution of any release,
subordination or satisfaction, shall be the responsibility of the Owner, and
shall be deducted on the Closing Statement from the compensation payable to
the Owner per Paragraph 2.
Purchase Agreement
DRAFT
Aaenda Item No, 10K
September 13,2005
Page 8 of 16
Page 5
14. All ad valorem real estate taxes due on Parcel No. 146 during Owner's term of
possession, and all maintenance charges and assessments due from Owner,
for which a bill is rendered prior to closing, will be charged against Owner on
the closing statement. Ad valorem taxes next due and payable after closing
on the Property, shall be prorated at Closing based upon the current year's tax
applicable to Parcel No. 146, with due allowance made for maximum
allowable discount, homestead and any other applicable exemptions, and paid
by Owner. If Closing occurs at a date when the current year's millage is not
fixed, taxes will be prorated based upon such prior year's millage.
15. Both Owner and Purchaser agree that time is of the essence in regard to the
closing, and that therefore Closing shall occur within ninety (90) days from the
date of execution of this Agreement by the Purchaser; provided, however, that
Purchaser shall have the unilateral right to extend the term of this Agreement
pending receipt of such instruments, properly executed, which either remove
or release any and all such liens, encumbrances or qualifications affecting
Purchaser's enjoyment of the Property. At Closing, Purchaser shall deliver the
County Warrant to Owner and Owner shall deliver the Closing Documents to
Purchaser in a form acceptable to Purchaser.
16. Purchaser shall be entitled to full possession of the Property at Closing.
17, Owner is aware and understands that the "offer" to purchase represented by
this Agreement is subject to acceptance and approval by the Board of County
Commissioners of Collier County, Florida.
18. Owner and Purchaser represent and warrant the following:
(a) Owner 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.
(b) Owner 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.
(c) Purchaser's acceptance of the warranty deed and/or the easements
constituting said Property shall not be deemed to be full performance and
discharge of every agreement and obligation on the part of either party to
be performed pursuant to the provisions of this Agreement.
(d) No party or person other than Purchaser has any right or option to
acquire the Property or any portion thereof.
(e) Until the date fixed for Closing, so long as this Agreement remains in
force and effect, Owner 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, 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.
(f) There are no maintenance, construction, advertising, management,
leasing, employment, service or other contracts affecting the Property.
(g) Owner has no knowledge that there are any suits, actions or arbitration,
administrative or other proceedings or governmental investigations or
requirements, formal or informal, existing or pending or threatened which
Purchase Agreement
DRAFT
Agenda Item No, 10K
September 13, 2005
Page 9 of 16
Page 6
affect the Property or which adversely affect Owner'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.
(h) Owner acknowledges and agrees that Purchaser is entering into this
Agreement based upon Owner's representations stated above and on the
understanding that Owner will not cause the 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, Owner
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 physical condition of the Property or the
governmental ordinances or laws governing same.
19. Owner represents to the best of its knowledge and belief that the Property and
all uses of the Property have been and presently are in compliance with all
Federal, State and Local environmental laws; that no hazardous substances
have been generated, stored, treated or transferred on the Property except as
specifically disclosed to the Purchaser; that the Owner has no knowledge of
any spill or environmental law violation on any property contiguous to or in the
vicinity of the Property to be sold to the Purchaser, that the Owner has not
received notice and otherwise has no knowledge of a) any spill on the
Property, b) any existing or threatened environmental lien against the Property
or c) any lawsuit, proceeding or investigation regarding the generation,
storage, treatment, spill or transfer of hazardous substances on the Property.
This provision shall survive Closing and is not deemed satisfied by
conveyance of title.
20. Purchaser shall require the construction contractor for the improvements to
Collier Boulevard (Project No. 65061) to include Owner as a named insured
on Contractor's general business liability insurance policy, as well as
indemnify Owner from all costs and damages arising out of contractor's
negligent acts or omissions in the performance of its work on the Property.
21. Owner shall not be required to establish a higher finished floor elevation for
structures on Owner's remaining lands due to Purchaser's construction of the
pond within Parcel No. 846, than would otherwise be required without the
existence of the pond within Parcel No. 846.
22. As long as the pond is located solely within Parcel No. 846, Purchaser shall
have sole responsibility for the maintenance of the waters, the littoral shelf and
the banks around the pond, and Purchaser shall assume basic responsibility
for the maintenance of the sod and the landscaping, and the irrigation system
(if any) outside the pond within the area of Parcel No. 846 to such
maintenance standards and in accordance with such maintenance schedule
as Purchaser deems adequate. Should Owner exercise its option to jointly
use, relocate, modify and/or reconfigure the stormwater detention and
treatment pond, all responsibility for maintenance of the pond and the lands
surrounding the pond shall thereafter become the sole responsibility of Owner,
provided, however, that Purchaser may exercise such maintenance within the
pond itself, wherever it may be located, to ensure its continued function as a
stormwater detention and treatment facility for Collier Boulevard stormwater
discharge.
23. This Agreement and the terms and provisions hereof shall be effective as of
the date this Agreement is executed by both parties and shall inure to the
benefit of and be binding upon the parties hereto and their respective heirs,
executors, personal representatives, successors, successor trustees, and/or
assignees, whenever the context so requires or admits.
Purchase Agreement
DRAFT
Agenda Item No 10K
September 13, 2005
Page 10 of 16
Page 7
24. If the Owner holds the Property in the form of a partnership, limited
partnership, corporation, trust or any form of representative capacity
whatsoever for others, Owner shall make a written public disclosure, according
to Chapter 286, Florida Statutes, under oath, of the name and address of
every person having a beneficial interest in the Property before the Property
held in such capacity is conveyed to Purchaser, its successors and assigns.
(If the corporation is registered with the Federal Securities Exchange
Commission or registered pursuant to Chapter 517, Florida Statutes, whose
stock is for sale to the general public, it is hereby exempt from the provisions
of Chapter 286, Florida Statutes.)
25. Conveyance of the Property by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated herein; and this written
Agreement, including all exhibits attached hereto, shall constitute the entire
Agreement and understanding of the parties, and there are no other prior or
contemporaneous written or oral agreements, undertakings, promises,
warranties, or covenants not contained herein. No modification or amendment
of this Agreement shall be of any force of effect unless made in writing and
executed and dated by both Owner and Purchaser time is of the essence of
this Agreement.
26. Should any part of this Agreement be found to be invalid, then such invalid
part shall be severed from the Agreement, and the remaining provisions of this
Agreement shall continue to apply and not be affected by such invalidity.
27. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this _ day of , 2005.
Property acquisition approved by BCC pursuant to Resolution No. 2003-372 dated
10/28/03, BCC agenda Item no. 16B5.
AS TO PURCHASER:
DATED:
ATTEST:
DWIGHT E, BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
, Deputy Clerk
BY:
Fred W. Coyle, Chairman
Purchase Agreement
AS TO OWNER:
DATED:
Witness (Signature)
Name (Print or Type)
Witness (Signature)
Name (Print or Type)
Approved as to form and
legal sufficiency:
Heidi F. Ashton
Assistant County Attorney
DRAFT
Agenda Item No, 10K
September 13. 2005
Page11of16
Page 8
All R. GHAHRAMINI, M.D. INVESTMENT
LIMITED PARTNERSHIP, a Florida limited
partnership
By:
Title:
@?J
INDIGO LAKES UNIT ONE
PLAT BOOK 34, PAGES
76-84
r 10' U.E.
Trcc:,t "A"
IND1Gd LAKES
DRIVE
AU R. GHAHRAMANI. M.D.
O.R. BOOK 1422, PAGE 1906
..-
r--
1.0
Ncrth line of North 1/2 of
North 1/2 of South 1/2 of
Southeast 1/4
PARCEL
146
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z
AU R. GHAHRAMANI, M.D.
O.R. BOOK 1422, PAGE 1906
10' B.E. & P.U.E.
L10, S.U.E.
5'
20' B.E.
CAMDEN COVE
PLAT BOOK 39, PAGES
24-25
10' P.U.E.
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REVISED: August 9, 2004
REVISED: August 4, 2004
'Ro.IECT NO. 65061 PARCEL NO. , 146
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GRAPHIC SCALE
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1. This is not 0 survey.
2. Bcsis of bearing is the West line of County Rood
951 (C.R. 951) being N 02'15'33" W, Florida State
Plane Coordinates NAD 83/90, East Zone.
3. Subject to easements, reservations and restrictions
or record.
4. Easements shown hereon ore per plot. unless
otherwise noted.
5. ROW represents Right-of-Way.
6. P.O.B. represents Point of Beginning.
7. P.O.C. represents Point of Commencement.
B. O.R. represents Official Records.
9. LB.E. represents Landscape Buffer Easement.
10. U.E. represents utility Easement.
11. B.E. represents Buffer Easement.
12. P.U.E. represents Public Utility Easement.
13. S.U.E. represents Special Utility Easement.
DESCRIPTION:
I
I
\
A portion of Section 27. Township 48 South, Range
26 East. COllier County, Florida, also being 0
portion of those lands described in O.R. Book
1422. Page 1906 of the Official 'Records of Collier
County, Florida: being more particularly described
as follows:
Beginning at the Southeast comer of Tract '0-1"
os shown on Indigo Lekes Unit One, os recorded in
Plot Book 34. Pages 76-84 of the Public Records
of Collier County, Florida; thence South 02'15'33"
East, along the West right-of-way line of County
Rood 951 (C.R. 951). for 0 distance of 671.55
feet, to the Northeast corner of Tract "0", Camden
Cove os recorded in Plot Book 39, Pages 24-25
of the Public Records of Collier County, Florida;
thence North 89'55'47" West, along the North line
of said Tract "0", for 0 distance of 60.05 feet;
thence North 02'15'33" West, along 0 line 60.00
feet Westerly of and running parallel with the
Westerly right-of-way line of County Rood 951
(C.R. 951), for 0 distance of 671.55 feet, to 0
point on the south line of Trect "0-1" os shown
on Indigo Lakes Unit One: thence South 89'56'00"
East, along said South line for 0 distance of 60.05
feet to the POINT OF BEGINNING.
I
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Containing 40292.98 sq. feet or 0.92 oc'V, more
or less.
CUM:
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NOT VALID wm-iouT TH~'SiGNAT0'~E 'AN6, ~'H;
ORGINAL RAISED SEAL OF A FLORIDALlC'ENSED
SURVEYOR AND MAPPER. '
CERTIFICATE OF AUTHORIZATION LB #43
COLLIER COUNTY DEPARTMENT
OF TRANSPORTATION
'IlTLE:
SKETCH & DESCRIPTION
""'"
07 /200~
ALE NO.
2L-812
PROJECT NO.:.
N6015-ODS-OOO
INDIGO LAKES UNIT ONE
PLAT BOOK 34, PAGES
76-84
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All R. GHAHRAMANI, M.D.
D.R. BOOK 1422, PAGE
1906
POS
North line of the North
1/2 of North 1/2 of L24
South 1/2 of Southeast
1/4
PARCEL
746
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O.R. BOOK 1422, PAGE 0
1906
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PROJECT NO" 65061 PARCfl NO, , 746
Wil.Millei-'~~-
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KTHOMPsoIX:\SUR\N6015\9~1.d 1 oo.dwg
8 """ei: -'\ + Agenda Item No, 10K
= -:f' if . September 13, 2005
~ -- Page 13 of 16
.... (j. ~EASEMENT
~T1Ott 3 YEARS~~_AT
i I ~ MMENCeMENTOF ~ .'
'" \ 0 0 25 50 100
.... ~ GRAPHIC SCALE
~ LINE TABLE
< LINE LENGTH
u L23 5.00
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NOTES:
8
+
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1. This Ie not a survey.
2. Basis of bearing Is the West line of County
Road 951 (C.R. 951) being N 02'15'33" W, Florida
Stote Plane Coordinotes NAO 83/90, Eost Zone.
3. Subject to easements, reservations and
restrictions or record.
4. Easements shawn hereon are per plat, unless
otherwise noted.
5. ROW represents Right-of-Way.
6. P.O.B. represente Point of Beginning.
7. P.O.C. repreeents Point of Commencement.
8. O.R. represents Official Records.
9. L.8,E. represents Londscaps Buffer [aeement.
10. U.E. represente Utility Easement.
11. 8.L represents Buffer Easement.
12. P.U.E. represents Public UtIlity Easement.
13. S.U.E. represents Special Utility Easement.
8
+
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+
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....
DESCRIPTION:
8
+
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....
A portion of Section 27, Township 48 South, Range
26 East, Collier County, Florida. also being 0 portion
of those lands described in O.R. Book 1422, Page
1906 of the Official Records of Colller County,
Florida: being more particularly described os follows:
Commencing at the Southwest corner of Tract
"0-1", as shown on Indigo Lokes Unit One, as
recorded in the Plat Book 34, Pages 76-84 of the
Public Records of Collier COUFlty, Florida: thence
South 02'15'33" East, along a line 60.00 feet
Westerly of and running parollel with the Westerly
right-of-way line of County Road 951 (C.R. 951),
for a distance of 336.66 feet to it's intersection
with the North /lne of the North 1/2 of the North
1/2 of the South 1/2 of the Southeast 1/4 and
the POINT OF BEGINNING: thence continue along a
line 60.00 feet Westerly of and running parallel with
the Westerly right-of-woy line of County Road 951
(C.R. 951), South 02'15'33" East, for 0 distance of
334.89 feet, to a point on the North line of
Camden Cove, as recorded in Plat Book 39, Pages
24-25 of the Public Records of Collier County,
Florida; thence North 89'55'47" West, olong said
North line, for a distonce of 5.00 feet; thence North
02'15'33" West, for a distance of 334.90 feet, to 0
point on the North /lne of the North 1/2 of the
North 1/2 of the South 1/2 of the Southeast 1/4:
thence South 89'49'14" Eost, olong the North line
of the North 1/2 of the North 1/2 of the South
1/2 of the Southeast 1/4, for a distance of 5.00
feet to the POINT OF BEGINNING,
I
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8
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8
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Containing
8
+
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....
(DATE SIGNED)
NOT VALID WITHOUT THE SIGNATURE AND THE
ORGINAL RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER.
CERTIFICATE OF AUTHORIZATION LB #43
COLLIER COUNTY DEPARTMENT
OF TRANSPORTATION
SKUCH 4& DESCRIPTION
TFJiPORARY CONSTRUt::T1ON E:A.SEMENT
CUENTt
llTLE:
!>>olE:
. 07/2003
f"ILfNO.:
2L -812
PROJECT HQ.:
N6015-005-o00
,,-....
"
Ano
EXIBT ....L
Pege~..a-
SCHOOL BOARD OF COLLIER COUNTY
O.R. BOOK 1579 PAGES 589-590
- ..r-
20' L.B.E.
INDIGO LAKES UNIT ONE f-
PLAT BOOK 34, PAGES ()
, r.. ElUAL. NCJH.e)CQ.1JINE 76-84 10' U E <:
DhMtAOE MD UTLJ1Y ~....,. r" g:
.
p
10' LB.E.
Tract "A"
INDIGO LAKES'
DRIVE
SB9'S6'OO"E 620,S1'
,.'" :.. ,..:": :...,.....'....>~6B~ ~
.,....,:-:.: ..:.....:...:'.., '...'..:... .:....::..:~ ~ i~~
" , .~~C~" ......, ~ig ~
" ....... . .~. 'B46~.' ..',. ....ps .~ fA W.
".. ..., ...........,....~ m ::l8
, .AU',R."GHAHRAMANl~"M.D" ' . .......~' % It)"
',O~R;,eOO~,l"'22.'.PAG,t'.1~O.6..",',,~ !:; ~
",," ""VJ ~go
NB9'49 14 W 700.63
South line of the South 1/2
of South 1/2 of North 1/2
of Southeast 1/4
AU R. GHAHRAMANI, M.D.
O.R. BOOK 1422, PAGE 1906
DESCRIPTION:
A portion of Section 27, Township 48 South, Range 26
East, Collier County, Florida. also being 0 portion of
those lands described in O.R. Book 1422, Page 1906 of
the Official Records of Collier County, Florida; being
more particularly described os follows:
COMMENCING at the Southeast comer of Tract "0-1, os
shown on Indigo Lakes Unit One, os recorded in Plot
Book 34, Poges 76-84 of the Public records of Collier
County. Florida; thence North 89'56'00" West along the
south line of said Tract 0-1 for a distance of 60.05
feet to the POINT OF BEGINNING; thence South 02'15'33"
East, along a line 60.00 feet westerly of and parallel
with the West right-of-way line of County Rood 951
(C.R. 951). for 0 distance of 336.66 feet. to a point on
the South line of the South 1/2 of the South 1/2 of
the North 1/2 of the Southeast 1/4; thence North
89'49'14" West. along the South line of the South 1/2
of South 1/2 of the North 1/2 of the Southeast 1/4,
for 0 distance of 700.63 feet; thence North 11'17'18"
East. for 0 distance of 341.53 feet; thence South
89' 56 'DO" East. along the North line of the South 1/2
of the South 1/2 of the North 1/2 of the Southeast
1/4. for a distance of 620.51 feet to the POINT OF
BEGINNING.
Containing 221764.31 sq. feet or 5.09 acres, more or
less.
'j( -? - o'-{
(DATE SIGNED)
NOT VALID WrTHOUT THE SIGNATURE AND THE
ORGINAL RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER.
CERTIFICATE OF AUTHORIZATION LB #43
~""ECT NO" 65061 PARCEl. NO. : 846
Wil."ille,.w'._'.-N
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Wi/sonMl7ler. Inc.
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NOTES:
1, This is not 0 survey.
2. Basis of bearing is the West line of County
Road 951 (C.R. 951) being N 02'15'33" W, Florida
State Plane Coordinates NAO 83/90, East Zone.
3. Subject to easements, reservations and
restrictions or record.
4. Easements shown hereon are per plot, unless
otherwise noted.
5. ROW represents Right-of-Way.
6. P.D.B. represents Point of Beginning.
7. P.D.C. represents Point of Commencement.
8. D.R. represents Official Records.
9. L.S.E. represents Landscape Buffer Easement.
10. U. E. represents Utility Easement.
~ --r---
.... It I
o !50 100 200 4DO
GRAPHIC SCALE
CUENT:
COWER COUNTY DEPARTMENT
OF TRANSPORTATION
'lll\.Ec
SKITCH de DESCRIPTION
DATE:
08/200<#
F11.f' NO.:
2L-812
PROJECT NO.:
N6015-005-000
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Agenda Item No. 10L
September 13, 2005
Page 1 of 12
EXECUTIVE SUMMARY
Recommendation to award a construction contract to John Carlo, Inc., for
Rattlesnake Hammock Road Six-Lane Improvements, Bid No. 05-3876; Project No.
60169, CIE No. 37 in the amount of $23,298,102.25
OBJECTIVE: To award a construction contract for Rattlesnake Hammock Road Six-
Lane Improvements to John Carlo, Inc., in accordance with Bid No. 05-3876.
CONSIDERATIONS: The project was submitted for advertisement of bids on July 27,
2005. A non-mandatory pre-bid meeting was held on August 10, 2005. Three bids were
opened on August 30,2005 with John Carlo, Inc. submitting the low bid in accordance
with the A+B bid procedure as established by the Florida Department of Transportation.
In this procedure the bid is composed of both an A and B component. Component A is
the cost of construction and component B is the time to perform the work. The value of a
day has been established at $5,268.16 for this project. Component B is multiplied by the
value of a day and then added to component A and that sum is used to determine the low
bid. John Carlo, Inc., was determined to be the low bidder with a bid of $23,298,102.25
with completion in 730 calendar days.
,....-~
No bids were allowed over 730 calendar days and no bids were received with a shorter
completion time. The low bid is 8.2% above the Engineer's Estimate of Probable Cost of
$21,531,994.60. The second and third low bids were $26,622,812.55 and $28,292,378.98
respectively.
The project also uses an incentive/disincentive specification whereby an incentive is paid
for every day of early completion and a disincentive is taken for every day of late
completion, using the value of a day established for bid comparison. The
incentive/disincentive is limited to $500,000.00. Liquidated Damages of $9,014.62 per
day will be applied in addition to the disincentive.
The Environmental Resource Permit has been issued. Studies of potential impacts to the
Red Cockaded Woodpecker and Florida Panther have been submitted to Fish and
Wildlife and an additional Biological Opinion on Florida Panther will soon be submitted.
We believe they will then release the project and the Corp of Engineer's permit will be
forthcoming. The notice to proceed will not be issued until all permits are in hand.
-
FISCAL IMPACT: The total cost for this contract is $23,298,102.25. Funds in the
amount of $13,315,279.00 are available the Transportation Supported Gas Tax Fund and
Impact Fee Funds. A budget amendment is needed in the amount of $ 4,225,600 from
(336) Impact Fee District 4 Reserves and A budget amendment in the amount of
$5,757,223.25 is needed from (313) Gas Taxes Reserves. Source of funds are gas taxes
and impact fees.
Agenda Item No.1 OL
September 13, 2005
Page 2 of 12
GROWTH MANAGEMENT IMPACT: The expansion of Rattlesnake Hammock
Road is identified on the AUIR (CIE No. 77) and is consistent with the Growth
Management Plan.
RECOMMENDATION: That the Board of County Commissioners approve the
contract with John Carlo, Inc., for construction of Rattlesnake Hammock Road Six-Ianing
Improvements and authorize the Chairman to sign the Contract. Approve any necessary
budget amendments.
Prepared By: Gary R. Putaansuu, P .E. Senior Project Manager, TECM
,-
Item Number:
Item Summary:
Meeting Date:
Aqendd Ilem Nt;. , OL
September 1:1 2005
Page 3 0112
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
10l
Recommendation 10 award fl c(lnstruction c:onlrHct to John COirlO. 1m: for RatljesrlHke
Hammock Road Si)(-Lanc Improvements, Bid No. 05-3876: Project No, 60169. CIE No. 37 in
the a.mount of $23.298.1 02.25 (Norman Feder. Administrator, Tlflnsportalion Services)
9/13/2005 9 :00 00 AM
Dnt.
Prepared B)-'
GDiry Putannsuu
Trilm;portation Ser....ice5
Senior Project Monagor
Transportation Engincering and
Construction
BfZ3/2005 4:29:42 PM
Norm E. Feder, AICP
Transportation Division Administrator
Date
Allprovcd By
Transportation Services
Transportation Services Admin.
8/24/20059:20 AM
Eugene Calvert
Principl'll Project Matlttger
0''''
Appro\'cd B,y
Tnmsporta1ions Services
Transportation Engineering and
Construction Manngcmcnt
8r31/2005 12:46 PM
Donald L. Scott
Transportation Planning Director
0'""
Approved By
Transportation Servicet
Transportation Planning
8131120051:16 PM
Appro\'cd By
Jay Ahmad
Transportation ServIces
Dato
Director
Transportation Engineering &
Construction Managf:OlCnt
6/31120052:06 PM
Appnl\'cd By
Accoun1ing Supervisor
0...
Sharon Newman
Transportation Services
Transportation Administration
6131(20053:31 PM
Pat Lehnhard
ExecutJve Secretary
0'""
Apprnved By
Transportation Services
TraMportation SorviCGS Admln
8/31/20054:20 PM
Approved By
OMS Coordinator
County Manager's Office
Administrative Asaistant
o.le
Office of MIln.1gement &. Budget
9/1/20059:12 AM
Senior M.mngcmentlBudget Analyst
Dole
Appro\'cd By
Susan Usher
County Manager's Office
Office of Management & Budget
911/20059:55 AM
Michael Smykow$ki
Manl'lgement 8.. Budge1 Director
D"'.
Apllro\'cd By
County Manager's Offir:e
Office of Management & Budget
911/20051:53 PM
AllprO\:cd By
Brenda Brilhart
Adrnhli51rative Services
Purch.!lsing Agent
0"'.
Purchlu,ing
9/1/20055:06 PM
Mike Hauer
Acquisition Manager
Dnt.
Appro\'cd B)'
Adminigtrativt' Services
Purchasi ng
912/200510;26 AM
Approved By
Steve Carnell
Adminls1r.crtive Service$
PurchasmglGol1eral Svcs Director
Dole
Purchasing
9/2f20Q5 11 :02 AM
County Mannger
0"'.
Approved By
James V Mudd
Board of County
Commissioner!;
County Mallager's Office
012/2005 2:52 PM
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Agenda Item NO.1 OM
September 13, 2005
Page 1 of 56
EXECUTIVE SUMMARY
Recommendation to approve the City/County Beach Renourishment
Program, approve the 10-year Beach/Inlet funding plan and award bid #05-
3854 to Great Lakes Dredging and Dock (GLDD) in the amount of
$18,476,312.01.
OBJECTIVE: Approve the City/County Beach Renourishment Program, the 10-year
Beach/Inlet Funding Plan and the contract with Great Lakes Dredging and Dock (GLDD).
CONSIDERATIONS: The re-nourishment of the City of Naples and County Beaches will place
approximately 625,000 CY of sand along the Vanderbilt, Park Shore, Pelican Bay and Naples
beaches. It will also create an artificial reef and monitor marine life and beaches for a period of
5 years.
On June 1, 2005, Bid #05-3854 was sent to the three contractors pre-qualified under ITQ #04-
3648. Bids were received from two contractors and opened on June 30, 2005. The following is
a tabulation of bids received:
Vendor/Address
Bid Amount
Great Lakes Dredge & Dock
Oak Brook, IL
$20,457,999.06
Weeks Marine, Inc.
Innwoods Business Park,
Covington, Louisiana
$20,495,693.05
Bids' received were significantly higher than the original project budget. Negotiations with
GLDD reduced the cost of the beach renourishment to $18,476,312.0 I by decreasing quantity of
sand to be placed, allowing screening of oversized materials overboard to return to the borrow
area, and removing beach tilling. Through a combination of increased grants, increased revenue
and other management activities, a program has been developed that accomplishes the re-
nourishment of the City/County beaches, integrates the Inlet plan into the beach re-nourishment
program, secures additional funding and accomplishes an affordable to-year Beach/Inlet
Funding Plan with positive reserves in future years.
The following table provides summary budget data related to the original project budget; project
as bid and the recommended scope managed option:
-
Agenda Item NO.1 OM
September 13, 2005
Page 2 of 56
Major Beach Renourishment Project - Expense Variance
Original Budget Managed Scope Project As Bid
Total Project Expense 19,330,100 23,183,100 25,330,100
Florida Dept. of Environmental
Protection (FDEP) Revenue (2,789,300) (5,167,400) (5,654,100)
Pelican Bay Reimbursement 0 (840,000) (840,000)
Expense Shortfall 0 3,853,000 6,000,000
Additional Revenue 0 (3,218,100) (3,704,800)
Variance 0 634,900 2,295,200
Forecast TOG Revenue (195)
Above Budget (200,000) (200,000)
Fund 195 Project close Out
Dollars (434,900) (434,900)
Revised Variance 0 1,660,300
Full Project Funding YES NO
With forecasted 2005 TDC revenue in excess of budget and the close out of several Fund (195)
projects, staff anticipates that the Managed Scope Variance, currently projected at $634.900, will
be eliminated. The attached ten (10) year planning document accounts for a modest reserve
increase in FY-05 and FY-06, the product of additional FY-05 TDC revenue and project close
out dollars.
ADVISORY COMMITTEE RECOMMENDATIONS: The Coastal Advisory Committee on
August 11, 2005 approved this item 8/0. The Tourist Development Council approved this item
8/0 on August 22, 2005.
FISCAL IMPACT: The FY-06 Tourism Fund (195) budget will be amended via resolution to
reflect revised project revenue and expenditures sufficient to fully fund and complete this major
beach renourishment project under the recommended managed scope option. The budget
resolution will be submitted for Board of County Commissioners consideration on September 22,
2005.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan
related to this action.
RECOMMENDA TION: That the Board of County Commissioners approve City/County
Beach Renourishment Program, the 10-year Beach/Inlet Funding Plan and award bid #05-3854
to Great Lakes Dredging and Dock, and authorize the Chairman to execute the standard County
Construction Agreement after County Attorney approval.
PREP ARED BY: Gary McAlpin, Coastal Project Manager
Item Number.
Item Summary:
Meeting Oate:
f\gencta Item No 10M
September 13, 2005
P,'H.Jt-] 3015f3
COLLIER COUNTY
BOARD OF COUNTY COMMISS10NERS
10M
Recommend Approval of City/Counly Bead, R('nourishmenl Program. apprO\l€' the 10-year
Beach/Inlet funding plan rJl\d award Did #05-3804 to Great Lakf:S Dredging and Dock (GLDD)
in the amount of $1 8.476.2;12. (Jack Wert, Director, Tourism DepArtment)
9/13/20059:00:00 AM
Dllte
Apllroved 0)'
Gary McAlpin
County Manager's OffIce
C~tal Project Manager
Tourism
D1311200!i 3:32 PM
Dale
Approved By
Jack Wert
County Manager's Office
T aurism Dfrector
Tourism
8f31/2005 3:49 PM
Administrative AS6jf;tant
Dale
Approved By
OMS Coordin....tor
Counly Mannger's Office
Office of Management & Budget
B13112005 4:03 PM
Mark lsackson
Date
Approved By
County Manager's Office
Budget Analyst
Office 01 Management & Budget
9/2/20054:19 PM
Approved By
MichaGI Smykowskl
County Manager's Office
Management & Budget Director
Date
Office of Man..gement & Budget
9/2120054:40 PM
Date
Approved By
Lyn Wood
Administrative Services
Pun:::ha6lng Agent
Purchas.ing
9fflJ2005 8:25 AM
Dnte
Apprm.cd By
Steve Carnell
Administrative Sen/iees
Pun:::haroing/General Svcs Director
Purchasing
WoIl005 9:07 AM
Date
Appruved B)-'
James V. Mudd
Board 01 County
Commissioners
County Manager
County Mnnager'6 Office
9f6f2005 11:31 AM
Agenda Item NO.1 OM
September 13, 2005
Page 4 of 56
VOLUME COMPARISON TO PROPOSED MODlFICATIDN
COLLIER COUNTY BEACH RENOURISHMENT PROJECT
BID PLANS PROPOSED CHANGE
EFFECTIVE EFFECTIVE
PROFILE DISTANCE DENSITY VOLUME DISTANCE DENSITY VOLUME
(FTl (CY/LF) rcy) (FTl rCY/LFl (CY)
, ......, , ., ... . '.' ..... , .... ',\, . ..'. ',.,
TAPER 100 5.0 500 100 0,0 0,0
R-23 1,117 10,0 11,174 1,117 0,0 0,0
R-24 1,074 10,0 10,738 100 7,9 791.2
R-25 1,051 15,8 16,630 1,051 15.8 16,630,1
R-26 986 16,9 16,625 986 16,9 16,625.3
R-27 1,095 17,9 19,580 1,095 17.9 19,579,6
R-28 1,026 13,8 14,120 1,026 13,8 14,120
R-29 942 10.0 9,423 942 10,0 9,423
R-30 1,033 10,0 10,330 1,033 10,0 10,330
R-31 1,022 10,0 10,219 1,022 10,0 10,219
R-32 1,011 10.0 10,107 1,011 10,0 10,107
R-33 1,021 10,0 10,209 1,021 10.0 10,209
R-34 1,012 10.0 10,119 1,012 10.0 10,118,6
R-35 998 11.6 11,547 998 11,6 11,547,5
R-36 514 10,9 5,581 514 10,9 5,581.1
TAPER 1,000 5,4 5,427 1,000 5,4 5,427,0
CLAM PASS ':'..:", ".. ...~ ".' ...
TAPER 850 5,2 4,462 0
R-45 1,078 10,5 11,314 500 5,0 2,500,0
R-46 1,040 10,0 10,403 794 10,0 7,935,0
R-47 953 10.0 9,533 953 10,0 9,533.2
R-48 1,000 10,0 10,002 1,000 10.0 10,002.1
R-49 1,077 10.0 10,767 1,077 10,0 10,767.2
T-50 1,208 10.0 12,079 1,208 10.0 12,078,5
R-51 1,108 26,5 29,353 1,108 26.5 29,353,4
R-52 967 32,5 31,474 967 32.5 31,474,2
R-53 1,060 29.9 31,670 1,060 29,9 31,670.0
R-54 529 11.5 6,105 529 11,5 6,105.3
TAPER 390 5.8 2,249 390 5,8 2.249,3
DOCTORS PASS .. ....
TAPER 500 20,0 10,016 500 20.0 10,000,0
R-58A 250 40.1 10,016 250 40,1 10,016.2
R-58 750 34,2 25,653 750 34,2 25,652.9
R-59 1,035 20,6 21,281 1,035 20,6 21,281.1
R-60 1,081 12,1 13,036 1.081 9.6 10,332,7
R-61 1,049 10,0 1 0,488 1,049 5,0 5,244,0
R-62 1,015 10.0 10,146 1,015 7,5 7,609.5
R-63 967 23.4 22,673 967 23.4 22,672.7
R-64 854 10,0 8,543 854 10,0 8,543.2
R-65 804 10.0 8,041 804 10,0 8,041.1
R-66 813 12,0 9,752 813 12.0 9,751.6
R-67 805 10,6 8,519 805 10,6 8,529,1
R-68 810 10,0 8,104 810 10,0 8,104,3
R-69 805 10,0 8,047 805 10,0 8,046,7
R-70 800 33,1 26,481 800 33.1 26,480,8
R-71 803 39,0 31,319 803 39.0 31,318,8
R-72 807 33.4 26,955 807 33.4 26,954,9
R-73 813 10,0 8,129 813 10.0 8,129,3
R-74 803 10,0 8,028 803 10,0 8,028.4
R-75 795 10,9 8,705 795 10,9 8,705.4
R-76 799 15,2 12,189 799 15,2 12,188,7
R-77 782 10,0 7,821 782 10,0 7,821,1
R-78 467 10,0 4,665 467 10,0 4,665.4
TAPER 1.000 5,0 5,000 1.000 5,0 5,000,0
.' . . , .... ..
TOTAL- AVERAGE 45,669 14,6 655,347 43,021 14 607,493
BID & PERMIT QUA~TITY 673,250
HOT SPOT
VOLUME AND COST COMPARISON TO PROPOSED MODIFICATION
COLLIER COUNTY BEACH RENOURISHMENT PROJECT
EFFECTIVE BID BID PLANS UNIT MOD. EFF. PROPOSED
PROFILE DISTANCE VOLUME VOLUME COST DISTANCE VOLUME
IFTl rCYIl rCY) CFT! CCYl
Vanderbilt R22,5-R31 8,935 109,119 114,229 $24,36 7,961 92,608
Pelican Bay R31-R36 6,067 63,209 58,100 $27,41 6.067 58,100
N, Park Shore R43,5 4,421 45,714 40,713 $27.69 2,747 24,969
Park Shore R48-R54. 6,838 140,021 128,699 $22.83 6,838 128,699
Naples R58A,R79 18,408 315,188 313,607 $26,33 18,408 303,118
Erosion Contingency 17,900 17,900
TOTAL 44,669 673,251 673,247 42,021 625,393
SAND COST
VOLUME DIFFERENCE BETWEEN BID AND PROPOSED QUANTITY (CY) 47,857
POTENTIAL COST SAVINGS
Note: The difference between the bid plans and bid quantity IS the sand volume needed to account for
erosion since the plan survey was completed, which is approximately 17,900 cy.
Agenda Item No. 10M
September 13, 2005
Page 5 of 56
000405
Agenda Item No, 10M
September 13, 2005
Page 6 of 56
Collier County Beach Renourishment
Bid No. 05.3854
Schedule of Bid Items
Bid Item No. Units Unit Price Subtotal
BASE BID - Construct Beach Fill Hydraulically
1. Mobilization/Demobilization 1 L.S. $2,329,057.00 $2,329,057.00
3. Payment and Performance Bond 1 L.S. $133,418.00 $133,418.00
Beach Fill
4. Dredge Sand from Borrow Area, Place
and Grade at Vanderbilt Beach (R22.5- 95,337 C.Y. $24.09 $2,296,668.33
R31)
5. Dredge Sand from Borrow Area, Place
and Grade at 59,812 C.Y. $27.14 $1,623,297.68
Pelican Bay (R31-R37)
6. Dredge Sand from Borrow Area, Place
and Grade at 25,705 C.Y. $27.42 $704,831.10
North Park Shore (R43.5-R48)
7. Dredge Sand from Borrow Area, Place
and Grade at 132,491 C.Y. $22.56 $2,988,996.96
Park Shore (R48-R54.5)
8. Dredge Sand from Borrow Area, Place
and Grade at 312,049 C.Y. $26.06 $8,131,996.94
Naples Beach (R58A-R79)
9. Beach Tilling - Deleted Deleted Deleted
Beach Fill Subtotal $ 15,745,791.01
Environmental Monitoring
10. Set Buoys for Pipeline Corridor P1, 1 L.S $8,243.00 $8,243.00
Pumpout & Booster Locations
11. Set Buoys for Pipeline Corridor P2, 1 L.S $8,243.00 $8,243.00
Pumpout & Booster Locations
12. Set Buoys for Pipeline Corridor P3, 1 L.S $8,243.00 $8,243.00
Pumpout & Booster Locations
13. Set Buoys for Pipeline Corridor P4, 1 L.S $0.00 $0.00
Pumpout & Booster Locations
14. Turbidity Monitoring 1 L.S. $170,058.00 $170,058.00
Environmental Monitoring Subtotal $194,787.00
Offshore Sea Turtle Monitoring (Ho :>per Dredge only)
15. Mobilization/Demobilization Turtle 1 Event $3,642.00 $3,642.00
Trawler
16. Relocation Trawling 5 Day $3,500.00 $17,500.00
17. Endangered Species Observer 1 L.S $52,117.00 $52,117.00
Sea Turtle Trawling Subtotal $73,259.00
BASE BID - TOTAL $ 18,416,312.01
......
i/
~.
,
-.
~-'
~.
'.
Agenda Item No.1 OM
September 13, 2005
Page 7 of 56
CONSTRUCTION BID
BOARD OF COUNlY COMMISSIONERS
COLLIER COUNlY, FLORIDA
Collier County Beach Renourishment
BID NO. 05-3854
Full Name of Bidder GREAT LAKES DREDGE & DOCK COMPANY
Main Business Address 2122 York Road
Place of Business Oak Brook, IL 60523
Telephone No. 630-574-3000 Fax No. 630-574-3472
State Contractor's License # N/ A
To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUN1Y, FLORIDA
(hereinafter called the Owner)
The undersigned, as Bidder declares that the only person or parties interested in this
Bid as principals are those named herein, that this Bid is submitted without collusion
with any other person, firm or corporation; that it has carefully examined the location of
the proposed Work, the proposed form of Agreement and all other Contract Documents
_.l. and Bonds, and the Contract Drawings and Specifications, including Addenda issued
thereto and acknowledges receipt below:
Addendum
Number
Date Issued
Contractor's
Initials
#1
6/20/05
J/#
Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement
included in the Bidding 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
bid pages.
GC-P-1
~
. .
'l l
,
I
Agenda Item NO.1 OM
September 13, 2005
Page 8 of 56
Collier County Beach Renourishment
Bid No. 05-3854
Bid Item No. Units I Unit I ' Subtotal
Price
BASE BID - Construct Beach Fill Hydraulically
1. MobilizationlDemobilization 1 L.S. l-z 131,14'2.,1 ".nl,"{'2.~."'''
3. Payment and Performance Bond 1 L.S. I 1"17 'Cf",,1 )4'7 "v"'" 00
Beach Fill
4. Dredge Sand from Borrow Area, Place and 1 09,119 CY. 2t1. 3~ 2., t.-; e, 1 :JT. '3"
Grade at Vanderbilt Beach (R22.5-R31)
5. Dredge Sand from Borrow Area, Place and
Grade at 63,209 C.Y. 'l.7.L(1 I, 7'$ 2., ~S~~
Pelican Bay (R31-R37)
6. Dredge Sand from Borrow Area. Place and
Grade at 45,714 C.Y. 1- 7. ,10' " 2'5. no.~"
North Park Shore (R43.5-R48)
7. Dredge Sand from Borrow Area, Place and
Grade at 140.021 C.Y. 22.V3 '3. !q", "79.4'3
Park Shore (R48-R54.5)
8. Dredge Sand from Borrow Area, Place and
, Grade at 31 5,188 CY. 'Z G..33 1f, Z9~ qoo./J"f
Naples Beach (R58A-R79)
9~ Beaeh TiIli,..,... -. .~ '-. - < 45,67Q,H 'LF. O. '7- '32.:, S'~ 1.:.. "to
Beach Fill Subtotal --....-... . .-..- $ 17, I~ 98'0.0<-
Environmental Monitorina ;''',
10. Set Buoys for Pipeline Corridor P1. Pumpout & 1 L.S 8''2.'13 'E, 2..4'3". 0()
Booster Locations
11. Set Buoys for Pipeline Corridor P2, Pumpout & 1 L.S '17... '13 ~ " 'Z.lfl.oo
Booster Locations
12. Set Buoys for Pipeline Corridor P3, Pumpout & 1 L.S ~'2. 4'3
Booster Locations <g 24/~.DD
.I
13. Set Buoys for Pipeline Corridor P4, Pumpout & 1 L.S 0 0.00
Booster Locations
14. Turbidity Monitoring 1 L.S. In S91./ Irq '>CW.oo
Environmental Monitoring Subtotal 2,..". '3 1. 3. (Je
Offshore Sea Turtle Monitoring (Hopper Dredge only)
15. Mobilization/Demobilization Turtle Trawler 1 Event '3'-4'2- ~ lo'Y'2 . DO
16. Relocation Trawling 5 Day ~~co 17.~DD.OI!:>
17. Endangered Species Observer 1 L.S St, /'l 2- ~8 /<gz.o&'
Sea Turtle Trawling Subtotal $ 74:) 3Z.~.c~
BASE BID - TOTAL $ "UJ, 4"S 7., 9 99. 6(,.
Schedule of Bid Items
GC-P-2
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I
Agenda Item No. 10M
September 13, 2005
Page 9 of 56
MATERIAL MANUFACTURERS
The Bidder is required to state below, 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.
MATERIAL
MANUFACTURER
1.
No Contractor supplied material required to complete beachfill. Beach-
2. fill material from contract designated rorrow area.
,\ 3.
4.
5.
BY:
Great Lakes Dredge & Dock Company
Bidd~er '
~~ 1-.
.,
W.F.Pagendarm
Vice President
Dated July 7, 2005
i W F ~ ~()./V(V\Ja ~ 1) P t (,wv1
GC-P-3
,',
,]
Agenda Item No.1 OM
September 13, 2005
Page 10 of 56
LIST OF SUBCONTRACTORS
The undersigned states that the following is a full and complete list of the proposed
Subcontractors it intends to use on this Project with respect to the categories of work
identified below, and that such list will not be added to nor altered without the prior
'written consent of the Project Manager. The undersigned further acknowledges its
responsibility for ensuring that the Subcontractors listed herein are "qualified" (as
defined in drdinance 87-25 and Section 15 of Instructions to Bidders) and meet all legal
requirements applicable to and necessitated by the Contract Documents, including, but
not limited to proper licenses, certifications, registrations and insurance coverage. The
Owner reserves the right to disqualify any Bidder who includes non-compliant or non-
qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful
Bidder to remove/replace any Subcontractor, at no additional cost to Owner, which is
found to be non-compliant with this requirement either before or after the issuance of
the Award of Contract by Owner. THIS LIST MUST BE COMPLETED OR BID WILL BE
DEEMED NON-RESPONSIVE. (Attach additional sheets as needed). Further, the
undersigned acknowledges and agrees that promptly after the Award of cOntract, and in
accordance with the requirements of the Contract Documents, the Successful Bidder
shall identify all Subcontractors it intends to use on the Project. The undersigned
further agrees that all Subcontractors subsequently identified for any portion of work on
this Project must be qualified as noted above.
CateQorv of Work
1. Endangered Species Observers
Subcontractor and Address
Coastwise Consulting
2. Turtl e Trawl ing
173 Virginia Ave., Athens, GA 30601
Same as Above
3.
4.
5.
Dated July 7, 2005
BY:
Great Lakes Dredge & Dock Company
Bid~
~~ J;~~
W.F.p;genda m
Vice President
GC-P-4
--']
. f
Agenda Item No. 10M
September 13, 2005
Page 11 of 56
STATEMENT OF EXPERIENCE OF BIDDER
The Bidder is required to state below what work of similar magnitude completed within
the last five years 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 Ag reement.
Proiect and Location
Reference
1.
See Attached "Major Projectsll list
2.
3.
4.
5.
6.
Dated 7/7/05
Great Lakes Dredge & Dock Company
Bidder
BY: ~/*,~-<_~
W.F.Pagenda
Vice President
GC-P-5
TRENCH SAFETY ACT
Agenda Item NO.1 OM
September 13, 2005
Page 12 of 56
Bidder acknowledges that included in the various items of the bid and in the Total Bid
Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida)
effective October 1, 1990. The Bidder further identifies the cost to be summarized
below:
Trench Safety Units of Unit Unit Extended
Measure Measure (Quantity) Cost Cost
(Description ) (LF.SY)
1. No Trenching Anticipated on this Project
2.
3.
4.
5.
TOTAL $
Failure to complete the above mayresult in the Bid being declared non-responsive.
Dated 7/7/05 Grea t La kes Dredge & Doc k Campa ny
Bidder
BY: ,y/:4~<-~
W.F.Pagendarm
Vice President
GC-P-6
-
~
Agenda Item No. 10M
September 13, 2005
Page 13 of 56
Upon notification that its Bid has been awarded, the Successful Bidder will execute the
Agreement form attached to the Bidding Documents within ten (10) calendar days and
deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract
Documents. The bid security attached is to become the property of the Owner in the
event the Agreement, Insurance Certificates and Bonds are not executed and delivered
to Owner within the time above set forth, as liquidated damages, for the delay and
additional expense to the Owner, it being recognized that, since time is of the essence,
Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to
Owner the required Agreementr Insurance Certificates and Bonds within the required
time period. In the event of such failure, the total amount of O~ner's damages, will be
difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it
is appropriate and fair that Owner receive liquidated damages from the Successful
Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates,
and Bonds as required hereunder. The Successful Bidder 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 Owner's actual damages at the time of bidding if the Successful
Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in
a timely manner.
Upon receipt of the Notice of Award, 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 Bid within one hundred fifty-one (151)
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 one hundred sixty-five (165) consecutive calendar
days after Substantial Completion, computed by excluding commencement date and
including the last day of such period.
Respectfully Submitted:
State of Illinois
County of nil P;;ge
W. F; Pagendarm, Vi ce Pres i dent , being first duly sworn on
oath deposes and says that the Bidder on the above Bid 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.
Great Lakes Dredg e & Dock Company I also deposes and says
that it has examined and carefully prepared its Bid from the Bidding Documents,
including 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.
GC-P-7
Agenda Item No, 10M
September 13, 2005
Page 14 of 56
(a) Corporation
The Bidder is a corporation organized and
New Jersey , which operates
r,rpat Lakes Dredge & Dock Company
officers are as follows:
existing under the laws of the State of
under the legal name of
I and the full names of its
President Douglas B. Mackie
Secretary Leslie A. Braun
TreasurerDeborah A. Wensel
Manager
The Vice President is authorized to sign ronstruction bids
and contracts for the company by action of its Board of Directors taken
September 21. 1992 , a certified copy of which is hereto attached (strike
out this last sentence if not applicable).
(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
and if operating under a trade name, said trade name is
DATED
legal entity
GC-P-8
Agenda Item No. 10M
September 13, 2005
Page 15 of 56
Great lakes
Dredge & Dock
Company
2122 YORK ROAD
OAK BROOK,IL 60523-1981
630574-3000
FAX 630 574-298012981
TELEX 254441 GRATLAK eGO
EXTRACT FROM THE RECORDS
OF
GREAT LAKES DREDGE & DOCK COMPANY
WILLIAM F. PAGENDARM is hereby authorized to sign all bids, estimates,
contracts, contract modifications, payment estimates, payment invoices, final invoices,
releases and all other agreements, documents or other forms necessary to secure, perform
and finalize contracts and contract modifications, for and on behalf of the Company
together with all bonds and other obligations necessary to secure the performance thereto,
and when so signed same shall be in full force and effect and binding upon this Company.
I, LESLIE A. BRAUN, PO HEREBY CERTIFY That I am the Secretary of Great
Lakes Dredge & Dock CompanYr a corporation of the State of New Jersey, and that as
such Secretary;
,I DO HEREBY FURTHER CERTIFY That the above and foregoing is a true copy of
a portion of the minutes of a meeting of the Board of Directors of Great Lakes Dredge &
Dock Company held on the 21st day of September, 1992, that the above resolution now
appears of record in the record book of said Company, and has not been in anywise
altered, amended or repealed and is now in full force and effect.
qd.~{} .t7.t:uL-~
Leslie A. Braun
Secretary
Ju1y 7, 2005
Date
Subscribed and sworn to before me
11. .OFFICIAl SEAL"
= LIllA WICHERT
~ COMMISSION EXPIRES 04/22/08
this 7 day of Ju 1 Y , 2005.
~w?~
Notary Public
'.
"
/;Jt J iL
Witness
~~~
STATE OF III inoi s
COUNTY OF Du Page
and did (did not) take an oath.
Agenda Item No. 10M
September 13, 2005
Page 16 of 56
BY: 1.1 F P(;JgpnrLwm
Name of~ldder Typed)
~-;Cj~~~
Signature -
Vice President
Title
2122 York Road
Oak Brook, IL 60523
Incorporated in New Jersey
My Commission Expires: j - / 0 -;;;, 00 1
(AFFIX OFFICIAL SEAL)
OFFICIAL SEAl
SUSAN M WILLiAMS
NOT"RY PUBlIC. STAre Of IU.INOIS
l tIN COMMSSION eXPIR::S:03l10109 ~
GC-P-9
Notary Public, State of .J 1// h D I S
Commission No.:
,
,
Agenda Item No. 10M
September 13, 2005
Page 17 of 56
BID BOND
(See Attached)
KNOW ALL MEN BY THESE PRESENTS, that we
(herein after called the Principal) and
(herein called the Surety), a corporation chartered and existing under the laws of the
State of with its principal offices in the city of
and authorized to do business in the State of
firmly bound unto the
(hereinafter called the Owner), in the
are held and
full and just sum of
dollars ($ )
good and lawful money of the United States of America, to be paid upon demand of the
Owner, to which payment well and truly to be made, the Principal and the Surety bind
themselves, their heirs, and executors, administrators, and assigns, jointly and severally
and firmly by these presents.
Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for
furnishing all labor, materials, equipment and incidentals necessary to furnish, install,
and fully complete the Work on the Project known as
Collier County Beach Renourishment
Bid No. 05-3854
NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the
PRINCIPAL shall enter into the required Agreement with the Owner and within ten days
after the date of a written Notice of Award in accordance with the terms of such Bid, and
give such bond or bonds in an amount of 100% the total Contract Amount as specified in
the Bidding Documents or Contract Documents with good and sufficient surety for the
faithful performance of the Agreement and for the prompt payment of labor, materials and
supplies furnished in the prosecution thereof or, in the event of the failure of the
PRINCIPAL to enter into such Agreement or to give such bond or bonds, and ,deliver to
Owner the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE
the fixed sum of $ noted above as liquidated damages, and not as a
penalty, as provided in the Bidding Documents, then this obligation shall be null and void,
otherwise to remain in full force and effect.
GC-P-10
..a, _ _ _ _ __ _ -. _.L_ .1.._
. .
Agenda Item NO.1 OM
September 13, 2005
Page 18 of 56
IN TESTIMONY Thereof, the Principal and Surety have caused these presents to
be duly signed and sealed this day of , 2005.
Principal
BY
(Seal)
Surety
(Seal)
Countersig ned
Local Resident Producing Agent for
GC-P-11
r
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERTCAd I N 10M
-P;gen a tem o.
BID BOND Hartford, Connecticutle~8~ 13, 2005
Page 19 of 56
_~ow ALL MEN BY THESE PRESENTS,
That we,
Great Lakes Dredge & Dock Company
2122 York Road
Oak Brook, IL 60523
as Principal, hereinafter called the Principal, and TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, of Hartford, Connecticut, a cOIporation duly organized under the laws of the state of Connecticut, as Surety,
hereinafter called the Surety, are held and firmly bound unto
Board of County Commissioners
Collier County, Florida
as Obligee, hereinafter called the obligee,
in the sum of FIVE PERCENT OF BID PRICE ( 5% ) Dollars for the payment of which sum well and truly
to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors
and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has submitted a bid for
Collier County Beach Renourishment
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with
- \e Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or
~ontract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt
payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter
such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty
hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract
with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain
in full force and effect.
Signed and sealed this 8th day of July, 2005.
b:LltL
{ (witness) "
Great Lakes Dredge & Dock Company
BY~/& 4~/",-< '--'
W.F.Page arm, Vice President
TRAVELERS CASU~~ AND S RET COMPANY OF AMERICA
B y: ~7,,--,
Printed in cooperation with the American Institute of Architects (AM) by Travelers Casualty and Surety Company of America. The language in the document
conforms exactly to the /i1.nguage used in AU Document A310, February 1970 edition.
· i
Agenda Item No. 10M
September 13, 2005
Page 20 of 56
NOT~ACKNOWLEDGEMENT
STATE OF ILLINOIS
COUNTY OF WILL
On this 8th day of July, 2005 before me Sheri L. Macon a Notary Public of the State and County
aforesaid, residing therein, duly commissioned and sworn, personally came Thomas J. Ptacek, to
me known, who being by me duly sworn according to law, did depose and say that he resides in
lllinois: that he is an Attorney-in-Fact of Travelers Casualty and Surety Company of America the
corporation described in and which executed the foregoing instrument: that he knows the seal of
said corporation: that it was so affixed by order of The Board of Directors of said corporation and
that he signed this name thereto by like order: that he executed and deliyered such instrument on
behalf of said corporation as its voluntary act and deed for the uses and purposes therein
mentioned.
My Commission Expires:
8/30/08
d61 ~ fr~~
OFFICIAl. SEAL
SHERI L MACON
NOTARY PUBUC . STATE OF IWNOIS
MY COMMISSION EXPIRES AUG 30, 2008
4
~i
, ' Agenda Item No. 10M
IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY, COMPANY OF AMEile~,~~
CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this i~6,1 cr6 ~~ '
signed by their Senior Vice President and their corporate seals to be hereto affIxed this 25th day on May, 2004.
STATE OF CONNECTICUT
)SS. Hartford
COUNTY OF HARTFORD
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
/~~~~ -
By
George W. Thompson
Senior Vice President
On this 25th day on May, 2004 before me personally came GEORGE W. THOMPSON to me known. who, being by me duly sworn,
did depose and say: that be/s~e is Senior 'Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY Am> SURETY COMPANY and FARMINGTON CASUALTY COMPANY. the
corporations described in and which executed the above inStrument; that he/she knows the seals of said corporations; that the seals
affixed to the said instrument are such corporate seals; and that he/she executed the said inslnunent on behalf of the corporations by
authority of hislher office under the Standing,Resolutions thereof.
'f'<\~ C- ~
My commlssion expires June 30, 2006 NotarY Public
Marle C, Tetreault
CERTIFICATE
I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AME~CA,
TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of
the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority
remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth
in the Certificate of Authority, are now in force. '
Signed and Sealed at the Home Office of the Company. in the City of Hartford, State of Connecticut. Dated this 8 th day of
July ,2005
c:riM" ru.:' p?, -' "
By , .~
Korl M. Johanson
Assistant Secretary, Bond
~D<
Travelers
~
Agenda Item NO.1 OM
September 13, 2005
Page 22 of 56
IMPORTANT DISCLOSURE NOTICE OF TERRORISM
INSURANCE COVERAGE
On November 26, 2002, President Bush signed into law the
Terrorism Risk Insurance Act of 2002 (the "Act"). The Act
establishes a short-term program under which the Federal
Government will share in the payment of covered losses caused
by certain acts of international terrorism. We are providing you
with this notice to inform you of the key features of the Act, and to
let you know what effect, if any, the Act will have on your premium.
Under the Act, insurers are required to provide coverage for
certain losses caused by international acts of terrorism as defined
in the Act. The Act further provides that the Federal Government
will pay a share of such losses. Specifically, the Federal
Government will pay 90% of the amount of covered losses caused
by certain acts of terrorism which is in excess of Travelers'
statutorily established deductible for that year. The Act also caps
the amount of terrorism-related losses for which the Federal
Government or an insurer can be responsible at
$100,000,000,000.00, provided that the insurer has met its
deductible.
Please note that passage of the Act does not result in any change
in coverage under the attached policy or bond (or the policy or
bond being quoted). Please also note that no separate additional
premium charge has been made for the terrorism coverage
required by the Act. The premium charge that is allocable to such
coverage is inseparable from and imbedded in your overall
premium, and is no more than one percent of your premium.
Agenda Item NO.1 OM
September 13, 2005
Page 23 of 56
THIS SHEET MUST BE SIGNED BY VENDOR
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTYr FLORIDA
Purchasing Department
BIDDERS CHECK LIST
IMPORTANT: Please read carefully, sign in the spaces indicated and return with
your Bid,
Bidder should check off each of the following items as the necessary action is completed:
1. The Bid has been signed.
2. The Bid prices offered have been reviewed.
3. The price extensions and totals have been checked.
4. The payment terms have been indicated.
5. Any required drawings, descriptive literature, etc. have been included.
6. Any delivery infonnation required is included.
7. If required, the amount of Bid bond has been checked, and the Bid bond or
cashiers check has been included.
8. Any addenda have been signed and included.
9. The mailing envelope has been addressed to:
Purchasing Director
Collier County Government Center
Purchasing Building
3301 Tamiami Trail, East
Naples. Florida 34112
11. The mailing envelope must be sealed and marked with:
e::>Bid Number;
e::>Project Name;
<:>Opening Date.
12. The Bid will be mailed or delivered in time to be received no later than the
specified ooeninq 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
W.F. Pagendarm
Bidder Name
Vice President
Lakes Dredge & Dock Company
-(
DATE: July 7, 2005
2122 York Road
Oak Brook, IL 60523
Incorporated in New Jersey
GC-P-12
'-"
Agenda Item No. 10M
September 13, 2005
Page 24 of 56
~ COLLIER COUNTY GOVERNMENT
PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL
ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING
NAPLES, FLORIDA 34112
(239) 774-8407
FAX (239) 732-0844
www.colliergov.net
ADDENDUM
DATE:
June 20, 2005
TO:
Interested Bidders
FROM:
Scott D. Johnson, Purchasing Agent
Purchasing Department
SUBJECT: Addendum # 1 - Bid #05-3854 - "Collier County Beach Renourishment"
Addendum #1 covers the following change for the referenced Bid:
Bid Opening date change: July 13. 2005
Collier County wishes to clarify the Licenses and Warranty items: These statements as
referenced the bid document are not applicable.
1. Modify Exhibit J Technical Specifications as follows:
Paragraph 28.4.2: Add as last sentence to the paragraph.
The spacing of the pipeline collars shall be such that the pipeline does not contact
hardbottom, and the collar spacinq shall not exceed 100 feet.
Paragraph 29.2: Modify the fifth sentence as follows:
If instantaneous telemetry will require expensive communication links, such as satellite
telephones, then near real time communication of dredging location data will be
acceptable. The data shall be provided each time the dredge approaches the shoreline
for off loading in a format approved by the DESIGN PROFESSIONAL. The contractor
.-
, Agenda Item No. 10M
will provided the data a minimum of three (3) times each day (ever 8 h~:rrolpec~3, 2005
nearshore approach of the hopper dredge, whichever is least. Page 25 of 56
Paragraph 31.1: Add as the last sentence to the paragraph.
The dedicated flag or safety person can be from a contract guard service.
Paragraph 43.1.3: Add as the last sentence to the paragraph.
If the CONTRACTOR believes a nearby structure may be threatened by his operation,
he may at his discretion and cost, conduct vibration monitoring, modify the sand
placement method and/or seek approval from the DESIGN PROFESSIONAL for a
change in procedures.
Figure 1 (pg J-2): Replace Figure 1 with the attached. The scale of the figure is 1
inch=36,OOO feet.
2. Clarifying Statement:
a. There is no requirement for the contractor to have a county dredging or
contractor's license or acquire county permits.
b. The attached pre-bid information questionnaire shall be filled out by the
bidders and submitted with the bid package.
PRE-BID INFORMATION
(Attach to Bid Form and include attachments as necessary)
A. Describe Bidder's proposed method of completing the Work being bid and a time
schedule for implementing the phases involved.
Work to be completed using Trailing Suction Hopper Dredges(ITSFD").
Estimated schedule is to begin mobilization upon receipt of Notice to Proceed.
t~obllizatlon to be completed ln approXlmatelY JU aays. ureaglng to commence
immediately upon completion of mobilization.
B. What size dredge do you propose for the work? What is the estimated daily
production rate for the dredge proposed for the work? What is the estimated
duration of the work in days and months?
Dredge - (2) 3,600 Cubic Yard TSH dredge. Estimated daily production per
aredge = 4,200 Cubic Yards per day. Estlmated duratlon ot dredglng/beach fill
;s 105 days.
C Wh t. d f' t 'II h" t t . A1,ggnda Item NO.1 OM
. a size an type 0 equlpmen WI you use on t IS proJec, 0 mc ~~t~9~S],3, 2005
boosters, cranes, barges, front end loaders, dozers etc. What equipme~!Wi~6 of 56
you purchase or rent for the proposed work?
See Attached
D. List key personnel bidder proposes to use on this project including their
qualifications and prior experience.
See Attached
E. List other present commitments including dollar value thereof, name of owner
and estimated date of completion.
See Major Projects List Attached.
F. Will you sublet any part of this work? If so, give details.
Anticipate subcontracting Endangered Species Observers and Turtle
Trawling.
G. What is the last project of this nature that you have completed?
Beachfill: Delaware Coast from Cape Henlopen to Fenwick Island
Kehoboth ~each and Dewey Beach, Delaware V.S: Army Corps of Engineers, Phila,
Contract No. W9l2BU-04-C-0035 Wanamaker Bldg, 100 Penn Sq. East
Amount $ 10,324,560.00 Ph11aaelphla, PA 1~lU/-3390
H. Is the dredge to be used for the proposed work certified for open Ocean
dredging by the American Bureau of Shipping (ASS)? Please provide proof of
ABS certification with the bid or the reason why certification is not needed.
See Attached
Agenda Item NO.1 OM
September 13, 2005
Page 27 of 56
Pre-Bid Information
Collier County Beach Renourishment
Collier County Bid No. 05-3854
C) Eauipment Schedule
2 - 3,600 cubic yard Trailing Suction Hopper Dredges
1-2 3.600 hp Booster(s)
1-2 Tending Tugs (Approx. 1,000 hp)
1 Derrick Barge
1 40' Crew I Survey Boat
2-3 07 Dozers
1 Cat 966 Front End Loader
GLDD does not anticipate renting equipment other than possibly
tending tugs.
As c::L.Hc.rt'\o.!,,- ~......pWI-L.....t wL w,..\C)~ rtfl~ +k two
H4IIJ>~-e.( l)f'~.c.s w';-f~ 1- 30'1 ~r.Jte.r AI'~'~I ~-5' 7200 CV $GOt.A..JS,
I - h..,AJ"o......l:" $Go~ lA.'" (~r I c:I-"\oi::ll 'Z. - "!. t...., bo-..f, (o...PP".,IC.. '2$<:>0 h.p)
D) Key Personnel
Project Manager: David Johanson
Project Engineer: Timothy Kremer
See attached resumes.
Agenda Item No.1 OM
September 13, 2005
Page 28 of 56
CURRICULUM VITAE
Name:
David Jeffrey Johanson
Date of Birth:
May 28, 1971
Nationality:
American
Profession:
Civil Engineer
Education:
BS Ocean Engineering
Virginia Polytechnic Institute & State University, 1994
Blacksburg, VA
Experience:
2000-Present Project Superintendent
Great Lakes Dredge & Dock Company, Hopper Dredge Division
NATCO limited Partnership
Oak Brook, IL
Responsible for all field operations on maintenance dredging and beach
renourishment projects. Overall project management, engineering,
surveying and supervision of dredging and beach fill operations.
Immediate supervision of engineering staff and dredge crew.
Coordinated maintenance and repair activities as required. Proposed and
implemented new techniques and equipment for a more cost-effective
operation. Primary dredging projects include: Wilmington Harbor
realignment - Ocean Bar I - New Work, Columbia River Bar -
Maintenance Dredging
1999-2000
Project Manager I Division Engineer
Great Lakes Dredge & Dock Company, Hopper Dredge Division
NATCO limited Partnership
Oak Brook, IL
Supervision of engineering and operations staff on multiple dredging
projec7cS. Implement work methods to most efficiently complete various
channel maintenance, channel deepening, land reclamation, and beach
renourishment hopper dredging projects. Involved in preparation of
estimates, submittal of tender documents, bidding, contract negotiations,
claims, and various administrative duties. Responsibilities encompass
numerous domestic u.s. Army Corps of Engineers and Private contraC+..s.
1996-1999 Project Superintendent
Great Lakes Dredge & Dock Company, Hopper Dredge Division
NATCO Limited Partnership
Oak Brook, IL
1995-1996
1994-1995
Agenda Item NO.1 OM
September 13, 2005
Page 29 of 56
Responsible for all field operations on maintenance dredging and beach
renourishment projects. Overall project management, engineering,
surveying and supervision of dredging and beach fill operations.
Immediate supervision of engineering staff and dredge crew.
Coordinated maintenance and repair activities as required. Proposed and
implemented new techniques and equipment for a more cost-effective
operation. Primary beach renourishment projects include: North Myrtle
Beach, South Carolina, Myrtle Beach, South Carolina, Sandbridge Beach,
Virginia, SUITside and Garden City, South Carolina, Arcadian Shores,
South Carolina, and Belmar to Sea Girt, New Jersey. Primary dredging
projects include Port Royal and Georgetown, South Carolina, Wilmington
and Morehead City, North Carolina, and Matagorda, Texas.
Project Engineer
Great Lakes Dredge & Dock Company, Hopper Dredge Division
NATCO Limited Partnership
Oak Brook, IL
In charge of engineering staff and activities including hydrographic and
land surveys, equipment positioning and control, quantity computations,
scheduling, production monitoring and reporting, and subcontract
management. Responsible for all quality control on projects. Rrimary
Beach Renourishment Projects include Fort Pierce, Florida, Jupiter Island,
Florida, Captiva Island, Florida, North Myrtle Beach, South Carolina.
Primary dredging projects include Georgetown, South Carolina, Mississippi
River, Louisiana, Virginia Beach, Virginia, and Gulfport, Mississippi,
Field Engineer
Great Lakes Dredge & Dock Company, Hopper Dredge Division
NATCO Limited Partnership
Oak Brook, IL
Performed hydrographic and land surveys, recorded daily production,
installed and interfaced positioning and depth recording devices, quantity
computations, and basic computer programming. Primary projects
include LaGuardia Airport Extension, New York, Westport, Washington,
Savannah, Georgia, Brunswick, Georgia, Mississippi River, Louisiana, and
Virginia Beach, Virginia.
TIMOTI-I_XJ: I(REMER
Agenda Item NO.1 OM
September 13, 2005
Page 30 of 56
EDUCATION
:tvGchigan Technological University
. B.S., Environmental Engineering, February 2000
. F.E. Licensing exam completion April 2000
Houghton, MI
EXPERIENCE
Great Lakes Dredge & Dock Co.
Project Engineer (Current Title) - 11/98 to 9/99 -- 11/00 to Present
. Rrcent ProJects:
)0> P.E. - Hidd, Bahrain (Current Assignment) - Approx. 26,000,000 CY Land reclamation project
o Manage dredging and fill placement of 4 dredges (2 Cutter Suction, 1 Hopper, 1 Clamshell Dredge)
o Plan and coordinate project operations between multiple sub-contractors
o Directly oversee survey and engineering staff of various nationalities
)0> P,E - Pine Knoll Shores, NC - 8 mile beach renourishment project
o Project mobilization and layout/ design
o Manage dredging and fill placement for 3 hopper dredges
)0> Asst. P.E. - San Diego, CA - 12 Beach, 2,000,000 CY beach renounshmen t proj ect
. Extensive hydrographic and land survey data collection and processing
. Project design and layout for large scale land reclamation projects
. Detailed production analysis and reporting
Oakbrook, IL
Andrews Environmental Engineering. Inc. Warrenville,IL
Contract Field/ Design Engineer - Mcry 2000 to November 2000
. Watershed analysis and drainage design
· Geosynthetic materials testing and inspection for hazardous waste disposal facility
· Overall construction layout, survey, and inspection (nuclear density testing, sample collection, water monitoring) for solid
waste handling / storage facilities
t.1ichigan Department of Transportation Newberry/Houghton. MI
Co-op - Summer 97/98
· Conducted survey of districts drainage pipe and compiled data for required modifications
. Led survey crew for project cross-sectioning and wetland mitigation surveys
· Performed materials sampling and testing (gradation, loss by wash, nuclear density testing, concrete testing)
· Set out, inspection, and contract administration for multiple construction projects
OTHER
'_~"','A'_'_,_",'ri_'~"_~'_"'_.A...__,.._....._,..~_..__. ...._......__..._.M.._..._...~ .. ....._ ..,,~....._ ....."...__~...w.._. ." ..,......~.R."_.. ......._......_.. ._.. .. ..._...._._......_____..._.._._. ..._.._.._._ .. ..... ._...".~_................__. . ..... '"''__'.'_'_''' .... ... .......~
Computer Proficiencies -l\utoCAD 2002, i\utodesk Land Development 2002, Hypack 8.9 & Max, CORPSCON,
l\ficrosoft Office 2002, Visual Basic Programming for Excel, Stella, MINEQUEL+, Suretrack, TDS Survey Works, baslC
computer networking/interfacing knowledge, experience in radio telemetry of data
Licensing / Certifica tions
· 40 Hour OSHl\ Hazwopper Training (License in Lapse)
· Troxler Raciiation Safety Training
· Materials Sampling / Aggregate Testing Certification 0Iichigan DOT)
· US Army Corp of Engineers Quality j\ssurance/ Quality Control Certification
FAX (6 3 lJ) 5 7 4 - [) 2 3 2 . T 1 I< n F M E J( @ n 1. D D ' C () M
2122 YORK RD . OAKBROOK, IL 60523 . PHONE (630) 574-3000
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8006571
NUMDEH
CHAHTl!:HI';U
1802
(Q.~~llmttY~:JI:R.: ~iJr' (Q1tte\.~~IJItI(!~l1llQ~!
DODGE ISLAND
NEW YORK, NY, UNITED STA.TES,~F AMERICA.
(0/:'
f-lJe,f-C/vpt/.fHI' SUCTION HOPPER DREDGER
fl)UJle/l,~'i()IM~, -thl9ih.l
..%llllifY&, llr(),~s"
(J}{{Jller DODGE ISLAND CORP.
[lJeplh
,(J1l'e-iulth.
21.50'
52.00'
265.33'
t/+ef.
846
2820
t Jltipoaitder
6'"o/Ul.e. {i]uildel'
(r!eare/:CJJuiltl
SOlf1"HERN SHIPBUILDING, C;ORP"
GENERAL MOTORS CORP.
t9ll;/I,j\iillloelc
120
1980
Unattended Hours:: 24
~
..97u8/ i~, to- (fe/'{fli}. that; th~ aOooe' har'>~ bee///tfltllf(}flj.ed t/l, aCC(}/'l!tuu:e' (o/t/r
tll.e,glllk~\r/' tlti& [lJUlceaLl/ alld ell/:{!/wt Ul thet .c/teen/cd ltH:fft tile, 6h.}',y,
III A1, Dredging Service, 1!4 AMS, tl4 ACCU
Oil May 2005
Issue Dale
~-#7---
Chief Surve)~or/Director
of Cla:;sification
28 Febl'UBf)' 2919
Expiration D,lte
ze~~
As:;ist<lnt Secretary
-
NOTE: ThIS ~rlificale evidences complion~ with (JIle or more of/he Rilles, C;fI,des, '/lIndards or other ",irma of American
Bureau of Shipping IIlId is iSSIlM solely for lhe U!iI! of Ihe BUfI!lJII. IU commillees, II! clienn or Olh" /lmhor/1M em/ties,
n,e classificD/ion cerroficate is a reprCHnlolion only Ihallhe vtosel, slruc/ure. ilem of maltrial, equipmelll or machil/ery
?r anyn/her ilem COvtrffl by lhis certifirore has met one or mort oJlhe Rult's 0/ American Bureau a/Shipping, The urrijicale
IS "''''''ft by rile temu and tomtltlllM 1111 tile """rn ride Ae_1. and gOI'l'med b)' Ihe Rules and standards o/American
BllreOIf oJ Shippillg who .hall ~main Ihe role jlf~e Iheml!
A\tt::HIC\N HANK M)TE COMI",,'N"I'.
it
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CHARTERED
1862
!I."L'MBER
7708037
~~mm~~'mllL&~~~~I
MANHATTAN ISlAND
ff- NEW YORK, NY, UNITED STATES OF AMERICA
~e8~~ DREDGER
0imen&'onBj :(en8t1z,
g-onfl~ I7roN&
(g.,nnbc. NORTH AMERICAN TRAILING COMPANY
265.00'
{1Jread!h. 52.00'
~ 1779
~ept-.k 21.50'
2385
JlufWu.ilder- SOUTHERN SHIPBUILDING CORP.
ti1!lJRb {lJai!der- GENERAL MOTORS CORP.
/!/eru'l!r.C2J,uiId 1977 srULU~anz6er. 117
@,L&f&fb- (5err!JYthoL;thR/a6mfe//uZ&6euu~edirl/~(~
~f7lu.le&fft/u&f7JlU<eoffiand~~tltemeco,rdwitlvt/W l?Uis&
~ A1, Dredging Service, ~ AMS. ~ ACCU
nil '...gr.d 7nn7
Issue Date
~ ~"--!i-
Chief Surveyor/Direc or
of ClassIfication
30 April 2tlO7
Expiration Date
$?~'~
Assistant Secretary
NOTE: This Cl!f'tiJICQ/r rritlmcrs cDmplil1ncr with ont! or "'0I'r qfl~ RIlIn. Gllidn, mvuIartls Dr tIIMr crilma 0[ Alft8ictln
Burra" of Ship"",, arrd Is luwd IDirly for I~ IJ.JF ofthr BrImJu, 113 "'",miUN$, ILl dimls ar D1h~ tnlthoriz<<f mlllla.
T~ dllSS/f/ctltIon cmlflCl11~ 13 a ~atlorJ tmly that Ihe rn3d. 1D1ICtlUt, linn of _trial, tf/llipmerrt or macJrinery
or any Dlh", ilnn ~ by this om/j/crl!t has mtt OM or ~qftM R"kso[A~ BIPNII ofShippi"8. ,..~
il poe""" fly tlv lemu IUIIi -.4Iti_ oor lire rrmw .,...." anti gcrmrrtd by 1M Rilles anti $la".[arth of Ammc,,"
Bwrau 0/ Shlpp/llg who shall remajrJ 11r~ "* judge th_f
:2: I.(') co
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II!rij!llli~j.iI~. 1~r~~i~I~~1~1!!I~!!t~ J~I~ri~~u"'l~ll
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Agenda Item NO.1 OM
September 13, 2005
Page 54 of 56
Naples - Park Shore - Vanderbilt Beach Renourishment
Total Project Cost Summary
Charges through 10/4/2004
Sand Placement and Mobilization
Reef
Monitoring
Construction
Design
Pre-Construction Survey
Post Construction Survey
Construction Management
Design Charges from 10/04 through 7/05
Contingency
Totals
Original Project Budget
Difference
Reconciliation
Reduce scope to 625K CY from 673K CY
Reduce Screening at Dredges
Reduce mobilization costs
Clarify pay templates
Increase FDEP funding - '05/'06/'07
Funding by Pelican Bay
4th Cent Impact & 3 yr repay of 194 Funds
Spread Major Renourishment over 10 years
Added Caxambas Pass and Clam Pass
Changed timing of Catastrophe Reserve
$1,700,000
$18,4 77,000
$840,000
$1,000,000
$203,000
$65,000
$88,000
$360,000
$200,000
$250,000
$23,183,000
$19,330,000
$3,853,000
Included in $2M Bid/Price reduction
Included in $2M Bid/Price reduction
Included in $2M Bid/Price reduction
Included in $2M Bid/Price reduction
$3,758,000
$840,000
++++++++
++++++++
++++++++
Agenda Item NO.1 OM
September 13, 2005
Page 55 of 56
05-3854 Collier County Beach Renourishment
Project Manager:
Gary McAlphin
Agenda Item No. 10M
September 13, 2005
Pa6'@i5'6 ~5tl
""Bid Received:
Due Date: July 13, 2005
Great Lakes Dredge
05.3854 Collier County Beach Renourishment & Dock Weeks Marine, Inc
BID ITEM No. Units Unit Price Subtotal Unit Price Subtotal
Base Bid-Construct Beach Fill
Hydraulically
Mobilization/Demobilization 1 L.S, $ 2,831,428,00 $ 2,831,428,00 $ 2,565,000,00 $ 2,565,000,00
Payment and Performance Bond 1 L.S, $ 147,944,00 $ 147,944,00 $ 20,000,00 $ 20,000,00
Beach Fill $ - $ -
Dredge Sand from Borrow Area, Place and Grade at
Vanderbilt Beach (R22,5-R31) 109,119 C,Y, 24,36 $ 2,658,138,84 $ 23,85 $ 2,602,488,15
Dredge Sand from Borrow Area, Place and Grade at
Pelican Bay (R31-R37) 63,209 CY 27.41 $ 1.732,558.69 $ 26,65 $ 1,684.519.85
Dredge Sand from Borrow Area, Place and Grade at
North Park Shore ( R43.5-R48) 45,714 CY 27,69 $ 1,265,820,66 $ 28,00 $ 1,279,992,00
Dredge Sand from Borrow Area, Place and Grade at
Park Shore (R48-R54,5) 140,021 C,Y, 22.83 $ 3,196,679.43 $ 22,35 $ 3,129,469.35
Dredge Sand from Borrow Area, Place and Grade at
Naples Beach (R58A-R79) 315,188 C,Y. 26,33 $ 8,298,900,04 $ 28.65 $ 9.030,136,20
Beach Tilling 45,670 L.F, 0.72 $ 32,882.40 $ 1,25 $ 57.087,50
Beach Fill Subtotal $ 17,184.980.06 $ 17.783.693,05
Environmental Monitoring $ $ -
Set Buoys for Pipeline Corridor P1, Pumpout &
Booster Locations 1 L.S. 8243 $ 8.243,00 $ 4,500,00 $ 4,500,00
Set Buoys for Pipeline Corridor P2, Pumpout &
Booster Locations 1 L.S, 8243 $ 8,243,00 $ 4,500,00 $ 4,500,00
Set Buoys for Pipeline Corridor P3. Pumpout &
Booster
Locations 1 L.S. 8243 $ 8.243,00 $ 4.500.00 $ 4,500,00
Set Buoys for Pipeiine Corridnor P4, Pumpout &
Booster Locations 1 L.S, 0 $ - $ 4,500,00 $ 4,500,00
Turbidity Monitorino 1 L.S, 189,594,00 $ 189,594.00 $ 50,000,00 $ 50,000.00
Environmental MonitorinQ Subtotal $ 214.323,00 $ 68,000,00
Great Lakes Dredge & Dock Weeks Marine. Inc,
No, Units Unit Price Subtotal Unit Price Subtotal
Offshore Sea Turtle
Monitorino
MobilizationlDemobilization Turtle Trawler 1 Event 3642 $ 3.642,00 $ 4,000.00 4,000,00
Relocation Trawling 5 Day 3500 $ 17,500,00 $ 5,000,00 25,000.00
Endangered Species Observer 1 L,S, 58182 $ 58,18200 $ 30,000,00 30,000.00
Sea turtle Trawling Subtotal $ 79.324,00 $ 59.000,00
BASE BID--TOTAL $ 20,457,999.06 $ 20,495,693,05
Addendum Acknowledqed y y
Sub Contractors List y y
Materials Manufacturer y y
Experience of Bidder y y
Trench Safety Act y y
Bid Bond y y
Purchasing Agent
Witness
,,-..
,,-..
Agenda Item No. 12A
September 13, 2005
Page 1 of 3
EXECUTIVE SUMMARY
Recommendation Pursuant to Collier County Resolution No. 95-632 that the
Board of County Commissioners Consider and Approve Provision of Legal
Defense and Payment of Legal Expense of Fred W. Coyle and James V.
Mudd, a Commissioner and County Employee, Respectively, Named
Individually as Defendants in the Complaint Styled William S. Litsinger v.
Collier County Board of Commissioners, Fred W. Coyle, Individually, and
James JI: Mudd, Individually, Case No. 2:05-cv-404-FtM-33DNF in the United
States District Court for the Middle District of Florida, Fort Myers Division,
and Waive the Purchasing Policy to the Extent it May Apply to the Selection
of Outside Counsel and/or Otherwise Exempt the Selection of Outside
Counsel From Competition Pursuant to VII.G. of the Purchasing Policy.
OBJECTIVE: For the Board to approve provision of legal defense and payment of legal
expenses and authorize the selection and retention of outside counsel for Fred W. Coyle and
James V. Mudd, a commissioner and county employee, respectively, who are individually named
as defendants in the Complaint styled William S. LUsinger v. Collier County Board of
Commissioners, Fred W. Coyle, individually, and James V. Mudd, individually, Case No. 2:05-
cv-404-FtM-33DNF in the United States District Court for the Middle District of Florida, Fort
Myers Division, and waive the Purchasing Policy to the extent it may apply to the selection of
outside counsel and/or otherwise exempt the selection of outside counsel from competition
pursuant to VILG. of the Purchasing Policy.
CONSIDERATIONS: Collier County Resolution No. 95-632 sets forth the Board's policy
with regard to providing a defense and paying legal expenses of county commissioners,
employees and advisory board members who are sued individually in lawsuits. The Board of
County Commissioners, Fred W. Coyle and James V. Mudd have been named as defendants in
the Complaint. The Office of the County Attorney recommends the Board consider providing
Mr. Coyle and Mr. Mudd legal counsel in accordance with County Resolution No. 95-632. The
Office of the County Attorney will represent the Board of County Commissioners in the lawsuit.
Given that a lawsuit has already been filed and served upon Mr. Mudd and the Board of County
Commissioners, it is imperative that investigation of the complaint be commenced as soon as
possible. Accordingly, based on these circumstances and in the best interest of the County, it is
further recommended that the Board waive the Purchasing Policy and/or otherwise exempt the
selection of outside counsel from competition pursuant to VILG. of the Purchasing Policy to the
extent it applies to procurement of legal services under Resolution No. 95-632. The Office of the
County Attorney recommends that the Board authorize and ratify the selection and retention of
Mr. Eric J. Vasquez, Esquire, to represent James V. Mudd in this litigation. Mr. Mudd's
Employment Agreement specifically provides for his defense and indemnification in legal
actions including costs and attorneys' fees. Because he received service of the complaint shortly
after its filing in federal court, it was necessary for him to secure the services of counsel
promptly. Mr. Vasquez is already counsel of record for Mr. Mudd in another lawsuit involving
his role as County Manager, and it is appropriate for the Board to authorize/ratify Mr. Mudd's
1
.....-~
,-
/"'"
Agenda Item No. 12A
September 13, 2005
Page 2 of 3
selection of Mr. Vasquez in this case. Likewise, the Board's policy pursuant to Resolution No.
95-632 allows for the Board to provide a legal defense and payment of legal expenses for a
commissioner named individually in a civil action or civil rights action. The Board may
determine what counsel at what cost is appropriate, or provide parameters for a selection and
retention to occur by Mr. Coyle working with the County Attorney Office.
FISCAL IMP ACT: The hourly charges for most litigation attorneys who would be retained
to represent the employees in a case such as this would likely run in the neighborhood of $200.00
to $300.00 per hour. The Board should also be aware that while it is difficult to estimate, should
it be necessary for this case to be taken through the trial process, outside counsel fees could be in
excess of $20,000.00. Because the suit appears to seek damages in an unspecified amount, the
costs would appear to be covered through the County's self-insured retention fund as established
through the Risk Management Department.
GROWTH MANAGEMENT IMP ACT: There is no growth management impact associated
with this Executive Summary.
RECOMMENDA TION: That the Board approve the selection and retention of attorney Eric J.
Vasquez, Esq. to represent Mr. Mudd in the named lawsuit and authorize/ratify the selection of
outside counsel for Mr. Coyle, working with the County Attorney Office, and waive the
Purchasing Policy and/or otherwise exempt the selection of outside counsel from competition
pursuant to VII.G. of the Purchasing Policy to the extent it applies to procurement of legal
services under Resolution No. 95-632 and the payments for services of these attorneys not to
exceed $200.00 to $300.00 per hour.
Prepared by David C. Weigel, County Attorney
2:05-cv404-FtM/5
2
f\genda !1em No 12A
September 13, 2U05
P<1ge 3 01 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
12A
Item Summary:
Recomnlel1llati{lr! PurSlIl'mt to Collier County Resolution No, 95-632 lhftl the Blll'lrd of COUllty
Commissioners Consider arld ApprovE Provision of Legal Defellse and Payment 01 Legal
Expense of Fred W. Coyle and James V. Mudd, a Commissioner and County Employee.
Rellpecti\lely. Named Individually as Defendants in the Complaint Styled Willialll S Lit511lger
\I, Collie! County Board of Commissioners, Fred W. Coyle, Illdivldllally. and James V Mudd,
Indi\liduEllly, Case No. 2:05"el,l"404-FtM-3~DNF in tile United States District Court for the
MI(idle Distrlc1 of Florida, F(lrt Myers Divi-liion. and Wl'live thf: PUi'clHlsinu Puliey to the E:dent
it May Apply to the Selection ot Outside Counsel alld/or Otherwise Exempt the Sf;lectlOn of
Outside Counsel From Compelitiol1 Pursuant to Vli,G, of thto Purchasing Polley
Meeting Date:
9.'13/20059:00:00 AM
PrelUlred By
D<lvid C. Weigel
County Attorney
Oat.
County Anorney
County Attorney Office
9rolZ005 9:18:23 AM
Approved By
Jaml!ls V. Mudd
County Manager
Dntc
Board of County
Commis6ioners
County Manager's Office
91712005 4:22 PM
-
~
Agenda Item No. 16A 1
September 13, 2005
Page 1 of 3
EXECUTIVE SUMMARY
Recommendation to approve final acceptance of water utility facilities for
Whipporwill Lane Road Improvements
OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of
the Collier County Water-Sewer District, to accept the conveyance of the water facilities.
CONSIDERATIONS:
1) The Developer of Whipporwill Lane Road Improvements has constructed the water
facilities within dedicated easements to serve this development. See attached
location map.
2) Preliminary acceptance was approved by the Community Development and
Environmental Services staff on May 17, 2004. Final acceptance is in accordance
with Ordinance 2004-31 as amended.
3) Staff has recorded all appropriate legal documentation which has been reviewed by
the County Attorney's office for legal sufficiency.
4) The water facilities have been operated and maintained by the Collier County Water-
Sewer District during the one (1) year warranty period.
5) A final inspection to examine for any defects in materials and workmanship was
conducted by the Community Development and Environmental Services Division staff
and found to be satisfactory.
6) The Utilities Performance Security (UPS), in the form of a Performance Bond No.
6203625 in the amount of $11,119.00, will be released to the Project Engineer or the
Developer's designated agent upon the Board's approval.
FISCAL IMPACT: The cost of operating and maintaining the water facilities will be paid
by monthly user fees in County Water/Sewer Fund (408).
GROWTH MANAGEMENT IMPACT: This project has been connected to the County
Regional Water Treatment Plant. Capacity presently exists to serve this project.
LEGAL CONSIDERATIONS: Legal documents were reviewed and approved by
Assistant County Attorney, Thomas Palmer.
STAFF RECOMMENDATION: That the Board of County Commissioners, Ex-Officio the
Governing Board of the Collier County Water-Sewer District, accept the water facilities for
Whipporwill Lane Road Improvements, and release the UPS to the Project Engineer or
the Developer's designated agent.
PREPARED BY: Tonia Leavitt. Enaineerina Services Department
Agenda Item No. 161\1
September 13. 2005
Pane 2 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
1GAl
Rl-H;nrnmend",tion to approve fanal ac(:e~)tarwe of waler uHlj1Y facilities for V\lhlpporwW Lane
Road Improvements.
Meeting Date:
9/1 :>/2005 9:00:00 AM
Appro'\'ed By
Pamela Libby
Water Operations Manager
De"
Public Utilities
Water
7/14120057:29 AM
Approved By
Paul Mattausch
Water Director
De..
Public UtilitllK
water
7/14120059:15 AM
Approved B)o'
Thomas E. Kuck, PE
COES Engioeoring Servicos Director
Dato
Community DevelopmElnt &
Envlfonment,[J1 ServIces
COES Engineering Smvices
7/16/200510:31 AM
Approved By
Roy e, Anderson. P.E.
Public Ut~lities Engineering Director
Dat.
Public Utilities
Public Utilities Engineedng
7119/200511:01 AM
APlJroved By
Sandra Lea Ell.ecutiye Secretary
Community Development 8. Community Development &
EnYironmcntal Servic~s Environmental Services Admin
Oat.
7/20/20052:15 PM
Af)Pro'\lcd B~'
Constance A. JOflnwn Operations Analyst
Community Development & Community Development &
EnVironmental Services Environmental Services Admin.
Date
ar1J2005 6:57 AM
AplJrOvcd By
JOtIeph K. Schmitt
Community Development &
Environmental Services Adminstrlltor
Date
Community Development &
Environmental Services
Community Development &
Environmental Services Admin.
6/2/2005 8:57 PM
ApprlJ\'cd By
OMB Coordinator
Administrative Assistant
De"
County M~nagvr'li'l Offtce
Office of MSl1llgemnnt & Budget
814120m; 8:21 AM
Approved By
Michael Smykowski
Managernfjnt & Budget Director
D"'"
County Manager'a Office
Office of Mllnageroont & Budget
8/5/2005 5:05 PM
A ppro\'cd By
James V. Mudd
Board of County
Commissioners
County Manager
Del.
County M..nager'S D11lce
ala/200!; 9:38 AM
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Agenda Item No. 16A2
September 13, 2005
Page 1 of 4
EXECUTIVE SUMMARY
Recommendation to approve for recording the final plat of "Trail Ridge", approval of the
standard form Construction and Maintenance Agreement and approval of the amount of
the performance security
OBJECTIVE:
To approve for recording the final plat of "Trail Ridge", a subdivision of lands located in Section
3, Township 51 South, Range 26 East, Collier County, Florida, following the alternative
procedure for approval of subdivision plats pursuant to Resolution 99-199.
CONSIDERATIONS:
Engineering Review Section has completed the review of the construction drawings,
specifications, and final plat of "Trail Ridge". These documents are in compliance with the
County Land Development Code and Florida State Statute No. 177. All fees have been paid.
Security in the amount of 10% of the total cost of the required improvements, and 100% of the
cost of any remaining improvements, together with a Construction and Maintenance Agreement
for Subdivision Improvements, shall be provided and accepted by the Engineering Services
Director and the County Attorney's office prior to the recording of the final plat. This would be in
conformance with the County Land Development Code -- Section 10.02.04.
Engineering Services Department recommends that the final plat of "Trail Ridge" be approved
for recording.
FISCAL IMPACT:
The project cost is $1,715,576.00 (estimated) to be borne by the
developer.
The cost breakdown is as follows:
a)
b)
- $771,094.67
- $944,481.33
Water & Sewer
Drainage,
Paving, Grading
The Security amount, equal to 110% of the
project cost, is $1,887,133.60
The County will realize revenues as follows:
Fund: Community Development Fund 131
Agency: County Manager
Cost Center: 138327 -- Engineering Project Review
Revenue generated by this project:
Total: $52,632.28
.'~'_.....
,-
Agenda Item No. 16A2
September 13, 2005
Fees are based on a construction estimate of $1 ,715,576.00 and were paRi!Wl2 of 4
July, 2004 and April, 2005.
The breakdown is as follows:
a) Plat Review Fee ($1,000.00 + $5.1ac) -$ 1,165.00
b) Construction Drawing Review Fee
Water &
Sewer (.75% const. est.) - $ 5,783.21
c) Drainage,
Paving, Grading (.75% const. est.) - $ 7,083.61
d) Construction Inspection Fee
Water &
Sewer (2.25% const. est.) - $17,349.63
e) Drainage, Paving,
Grading(2.25%const.est.) - $21,250.83
GROWTH MANAGEMENT IMPACT:
The developer must receive a Certificate of Adequate Public Facilities prior to the issuance of
the construction plan final approval letter.
. ENVIRONMENTAL ISSUES:
There are no outstanding environmental issues.
HISTORICAUARCHAEOLOGICAL IMPACT:
There are no historical or archaeological impacts. If during the course of site clearing,
excavation or other construction activity, a historic or archaeological artifact is found, all
development within the minimum area necessary to protect the discovery shall be
immediately stopped and the Collier County Code Enforcement Department contacted.
LEGAL CONSIDERATIONS:
The County Attorney's Office has reviewed and approved the plat and associated legal
documents.
RECOMMENDATION:
That the Board of County Commissioners approve the Final Plat of "Trail Ridge" for
recording with the following stipulations:
1. Approve the amount of $1,887,133.60 as performance security for the required
improvements; or such lesser amount based on work completed, and as is approved by the
Engineering Services Department.
2. Approve the standard form Construction and Maintenance Agreement, and
a. That no Certificates of Occupancy be granted until the required improvements have
received preliminary acceptance.
b. That the plat not be recorded until suitable security and an appropriate Construction
and Maintenance Agreement is approved and accepted by the Engineering Services
Department Director and the County Attorney's office.
PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department
AqellCla Item No. 16A2
. September 13, 20(J5
Pa~.le :1 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A2
Item Number:
Item Summary:
Rt:comrnelldalio!1 10 appwve for recordintl the final pial ()f Trail Ridge, flpproval of the
st;:mdi:lrd torm Construction and Mailltemll1Ci; Agreement and approval olthe alTlount olthe
perlormance see-urity
9/13,'20059:00:00 AM
Meeting Date:
Prepared B)'
Dote
John Houldsworth
Community Of:>velopment &
Environmental Services
Senior Engmeer
Engineering Service&.
7118f2005 2:38:15 PM
Approved By
COES Enoineering Sendces Director
Date
Thomas E. Kuck, P.E.
Community Development &
Environmental Services
7/1Qf200511:18AM
CDES Engineering: Services
Approved By
Date
Sandra Lea Executivl'! Secretary
Community Development & Community Developl1W-nt &
Environmental Services Environmental Services Admin,
7'20/2005 2:09 PM
Apl)roved By
Constance A. Johnson Operiltion$ Anllly'St
Community Development & Community DevelOprt'K'n1 &
EnVironmental Services Environmental Services Admin,
Dote
a1212005 8:46 AM
Approved By
Community De\lelopmcmt &
Envrronmm)tlll S&rviccs Admlnstrator
Joseph K. Schmitt
Oat.
Community Development &
Environmfl'ntal Senllces. Admin.
Community Development &
Environmental Services
812120058:59 PM
Approved By
Dote
OMS Coordinator
AdmlOistrntlY0 Assistant
County Manager's Office
Office 01 Management B. Budget
6!412oo5 6:22 AM
AIJI)rOved By
Manage~nt & Budget Director
Dote
Michaol Smykowski
Office 01 MBnagernent & Budget
8/5/20054:53 PM
County Manager's Ofhce
Appr<,,'ed By
James V. Mudd
Coul,ty Man.ager
D.ate
Board of County
Commissionerll
County Manager's Ottice
8/61200510:17 AM
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Agenda Item No. 16A3
September 13, 2005
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of "Islandwalk Phase Six". The
roadway and drainage improvements will be privately maintained
OBJECTIVE:
To grant final approval of the infrastructure improvements associated with that
subdivision known as "Islandwalk Phase Six"
CONSIDERATIONS:
1. On March 14, 2002, the Board of County Commissioners granted
preliminary acceptance of the roadway and drainage improvements in
"Islandwalk Phase Six".
2. The roadway and drainage improvements will be maintained by the
project's homeowners association.
3. The required improvements have been constructed in accordance with the
Land Development Code. The Engineering Services Department has
inspected the improvements and is recommending final acceptance of the
improvements.
4. A resolution for final acceptance has been prepared and approved by the
County Attorney's Office. A copy of the document is attached.
5. The water and sewer facilities have been previously conveyed to Collier
County.
FISCAL IMPACT:
The roadway and drainage improvements will be maintained by the project's
homeowners association.
GROWTH MANAGEMENT IMPACT: There is no growth management impact.
-
Agenda Item No. 16A3
September 13, 2005
Page 2 of 5
LEGAL CONSIDERATIONS:
The County Attorney's office has reviewed and approved the Resolution.
RECOMMENDATION:
That the Board of County Commissioners grant final acceptance of the roadway
and drainage improvements in "lslandwalk Phase Six" and release the
maintenance security.
1. Authorize the Chairman to execute the attached resolution authorizing
final acceptance.
2. Authorize the release of the maintenance security.
PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review
Department
-
Agencla I:em
September
Pane
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16A3
Recommel1dali(ln 10 grant final approval of the IO<Hlway (priva1e) and drainaue improvements
fOl the final plat of IslflndWCllk Phase Six The roadway and drainage improvements will be
pr-ivately maintained.
Meeting Date:
9.113/20059:00:00 AM
PrCllllred By
John Houldsworth
Senior Engmeer
D.te
Community Development &
Environmental Services
Engineering SH'ViceB
'1119120059:06:26 AM
Approved By
ThomBS E. Kuck, P.E
Community Development &
Environmental Services
COES Engineenng Services Director
Dote
CDES Engineering Services
7119f200511;1\-1 AM
Approved By
Sandra Lea Executive Secretnry
Community Development & Community De\lelopmerrt &
Environmantal Services Environmental Services Admin.
Dote
7120f200S 2:01 PM
A,'provcd By
Constance A.. Johnson Opera.tlons Analyst
Community Oevelopmant & Community Development &
Environmental $&lVlce6 Environmental Services Admin
Oat.
8/2/20058:48 AM
Apl)rOvcd By
JOBeph K. Schmitt
Community Development &
Environmenta! Services Adminstrator
Date
Community Development &
Environmental Sr"rvices
Community Developm&nt &
Environment:al Servicos Adn'lln.
8/2/20059:00 PM
Approved By
OMS Coordinator
Admmistrntive:: ASSIstant
Dot.
County Manager's Office
Office at Managenwlnt & Budget
814120056'.22 AM
Approved By
M!cllotcl Smykowski
Management & BUdget Director
Dot.
County Manager's ()ffice
OHice 01 Management & Blldgtrt
615/20054:47 PM
Approved By
J~lTIes V. Mudd
County MiUlager
Dote
Board 01 Coun1y
Comrnis\';ionen;
County MaMger's Office
6/BJ2005 1:06 PM
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Agenda Item No. 16A3
September 13. 2005
Page 5 of 5
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 ISLANDW ALK PHASE SIX,
RELEASE OF THE MAINTENANCE SECURITY,
AND ACCEPT THE MAINTENANCE
RESPONSIBILITY FOR THE ROADWAY AND
DRAINAGE IMPROVEMENTS THAT ARE NOT
REQUIRED TO BE MAINTAINED BY THE
ISLANDW ALK HOMEOWNER'S ASSOCIATION
WHEREAS, the Board of County Commissioners of Collier County, Florida, on
June 12,2001 approved the plat ofIslandwalk Phase Six for recording; and
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. 04-41, 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 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 Islandwalk Phase Six
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
that are not required to be maintained by the Islandwalk Homeowner's Association.
This Resolution adopted after motion, second and majority vote favoring same,
this _ day of ,2005.
DATE:
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, CHAIRMAN
Approved as to form and legal
sufficiency:
Jennifer A. Belpedio
Assistant Collier County Attorney
Agenda Item No. 16A4
September 13, 2005
Page 1 of 5
c..,..",,,,
EXECUTIVE SUMMARY
Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of "Islandwalk Phase Seven". The
roadway and drainage improvements will be privately maintained
OBJECTIVE:
To grant final approval of the infrastructure improvements associated with that
subdivision known as "Islandwalk Phase Seven"
CONSIDERATIONS:
1. On December 2, 2002, the Board of County Commissioners granted
preliminary acceptance of the roadway and drainage improvements in
"Islandwalk Phase Seven".
2. The roadway and drainage improvements will be maintained by the
project's homeowners association.
3. The required improvements have been constructed in accordance with the
Land Development Code. The Engineering Services Department has
inspected the improvements and is recommending final acceptance of the
improvements.
4. A resolution for final acceptance has been prepared and approved by the
County Attorney's Office. A copy of the document is attached.
5. The water and sewer facilities have been previously conveyed to Collier
County.
FISCAL IMPACT:
The roadway and drainage improvements will be maintained by the project's
homeowners association.
GROWTH MANAGEMENT IMPACT: There is no growth management impact.
.-
Agenda Item No. 16A4
September 13, 2005
Page 2 of 5
LEGAL CONSIDERATIONS:
The County Attorney's office has reviewed and approved the Resolution.
RECOMMENDATION:
That the Board of County Commissioners grant final acceptance of the roadway
and drainage improvements in "Islandwalk Phase Seven" and release the
maintenance security.
1. Authorize the Chairman to execute the attached resolution authorizing
final acceptance.
2. Authorize the release of the maintenance security.
PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review
Department
,,"_.....
-
t\gencla Item No 16A4
September 13, 2005
Pane 3 of 5
COLLIER COUNTY
BOARD Of' COUNTY COMMISSIONERS
Item Number:
Item Summary:
16A4
Recomrnendali<ln to grant flnlil approval of the roadwrlY (private) and drainage improvements
for the final plRt of Islandwalk Phase Seven. The roadwClY and drainage imprDvements will be
privately maintained
Meeting Date:
9/13/20059:00:00 AM
Prepared By
John Hooldsworth
Senior Engineer
Dote
Community De....elopment &
Environmental Services
Englneering Service.
7/19{2005 9:34:49 AM
Appro'Vcd By
ThornDS E. Kuck, P.E.
Community De~lopment &
Environmental 5eNices
COES Engineering ServIces Director
Dale
COES Enginffering Services
7/1R/ZQ0511:19 AM
Appro'Vcd By
Snndra Lea Executive Secretary
D...
Community De~lopment & COlllmunity Development &
Environnumtal SN....iCGs Environmental Services Admin,
7120120052:06 PM
Appro'Vcd B)'
Constltnce A. Jol1nson OperiItions Analyst
Community Developml.'ll1t & Community Development &
En...ironme-ntDI Services Envfronmental Services Admin,
Dote
Bf2!Z005 8:50 AM
A ppro\-'cd B~'
Joseph K Schmitt
Commurllty Development &
Envjrnnm~nttll Services Adminstrator
Date
Community Development &
Environ~ntal Services
Community Development &
Environmontal ServIces. Admin.
e!2f2005 Q:OO PM
Approl'ed By
OMB Coordinator
AdmInistrative Assistant
Dote
County Mtlnager'!l Office
Office of Management & Budget
8/4/2005 e:23 AM
Appro'Ved By
Micllaol Smykowski
Management & Budge1 Director
Dote
County Mannger's Office
Office of Management & Budget
8/5/20054:55 PM
Approved B)'
J3mes. V. Mudd
County Manager
D...
Bo.ord 01 County
Commissioners
County Manager'5 Office
818/20051:14 PM
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Agenda Item No. 16A4
September 13.2005
Page 5 of 5
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 ISLANDW ALK PHASE
SEVEN, RELEASE OF THE MAINTENANCE
SECURITY, AND ACCEPT TIlE MAINTENANCE
RESPONSIBILITY FOR THE ROADWAY AND
DRAINAGE IMPROVEMENTS THAT ARE NOT
REQUIRED TO BE MAINTAINED BY THE
ISLANDW ALK HOMEOWNER'S ASSOCIATION
WHEREAS, the Board of County Commissioners of Collier County, Florida, on
February 26, 2002 approved the plat of Islandwalk Phase Seven for recording; and
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. 04-41, 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 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 Islandwalk Phase Seven
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
that are not required to be maintained by the Islandwalk Homeowner's Association.
This Resolution adopted after motion, second and majority vote favoring same,
this _ day of , 2005.
DATE:
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, CHAIRMAN
Approved as to form and legal
sufficiency:
Jennifer A. Belpedio
Assistant Collier County Attorney
Agenda Item No. 16A5
September 13, 2005
Page 1 of 5
,........'...
EXECUTIVE SUMMARY
Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of "Escada at Tiburon". The
roadway and drainage improvements will be privately maintained
OBJECTIVE:
To grant final approval of the infrastructure improvements associated with that
subdivision known as "Escada at Tiburon"
CONSIDERATIONS:
1. On March 14, 2000, the Board of County Commissioners granted
preliminary acceptance of the roadway and drainage improvements in
"Escada at Tiburon".
2. The roadway and drainage improvements will be maintained by the
project's homeowners association.
,-.
3. The required improvements have been constructed in accordance with the
Land Development Code. The Engineering Services Department has
inspected the improvements and is recommending final acceptance of the
improvements.
4. A resolution for final acceptance has been prepared and approved by the
County Attorney's Office. A copy of the document is attached.
5. This Executive Summary has been reviewed and approved by the
Transportation Services Division.
FISCAL IMPACT:
The roadway and drainage improvements will be maintained by the project's
homeowners association.
GROWTH MANAGEMENT IMPACT: There is no growth management impact.
LEGAL CONSIDERATIONS:
The County Attorney's Office has reviewed and approved the Resolution.
-
Agenda Item No. 16A5
September 13, 2005
Page 2 of 5
RECOMMENDATION:
That the Board of County Commissioners grant final acceptance of the roadway
and drainage improvements in "Escada at Tiburon" and release the
maintenance security.
1. Authorize the Chairman to execute the attached resolution authorizing
final acceptance.
2. Authorize the release of the maintenance security.
PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review
Department
Agellda Item No 16A5
SeptemLJer 13, 2D05
Page :I ot 5
COLLIER COlJl'UY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16A5
RecommendaliOn to 91"an1 final approval of the roE'ldWdY (private) end drainage improvemenls
tor the final pial of Escada at Tiburon The roadway and drainage improvements will he
privately mallltained.
Meeting Date:
9/13/2005 9'.00:00 AM
Prepared B}'
John Houldsworth
Community Development &
Environmental Services
Senior Engineer
Date
Engineering Service&
1/19f2005 10:40:39 AM
Approved By
Thomns E. Kuck, P,E.
Community Development &
Environmental Service'
COES Engineering Services Director
Date
COES Enginf:'erin{J Services
7/19f200511:20AM
A)Jllrovcd By
Sandra Lea Executive Secretary
Community Development & Community Oeyelopment &
EnYI(Onmental5l1'rvlces Environmentlll S<orviccs Admin.
Date
7f20/200S 2:05 PM
Allllroved By
Constgnee A. Johnson Operations Analym
Community Developmont & Comlnunlty O('v(tlop~nt &
EnVlronment.al Services Environmental Serviee$ Admin.
Da"
8/2f2005 8:51 AM
Apllrovcd By
Joseph K, Schmitt
Community Developnwnt &
Environmental Services Adminstrstor
Date
Community Development &
Environmental Services
Community Development &
Environmental 5ervicfls Admin.
8/2120059:01 PM
Approved By
OMB Coordinator
Administrntive Assistant
Date
County Mllnager's Office
Office 01 Management & Budgm
8/4/20058:21 AM
Apllroved By
Michael Smykowski
M.onllgeroont & Budget Director
Date
County Manager's Offi~
amcs 01 Management & Budget
8/5/2005 5:00 PM
Approvcd By
James V. Mudd
County Malinger
Date
Bonrd at County
Comrnis5ioners
County Manager's Office
8/8/20051:17 PM
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Agenda Item No. 16A5
September 13. 2005
Page 5 of 5
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 ESCADA AT TIBURON,
RELEASE OF THE MAINTENANCE SECURITY,
AND ACCEPT THE MAINTENANCE
RESPONSIBILITY FOR THE ROADWAY AND
DRAINAGE IMPROVEMENTS THAT ARE NOT
REQUIRED TO BE MAINTAINED BY THE
ESCADA AT TIBURON HOMEOWNER'S
ASSOCIATION
WHEREAS, the Board of County Commissioners of Collier County, Florida, on
March 14,2000 approved the plat of Escada at Tiburon for recording; and
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. 04-41, 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 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 Escada at Tiburon 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
that are not required to be maintained by the Escada at Tiburon Homeowner's
Association.
This Resolution adopted after motion, second and majority vote favoring same,
this _ day of , 2005.
DATE:
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, CHAIRMAN
Approved as to form and legal
sufficiency:
Jennifer A. Belpedio
Assistant Collier County Attorney
.,,-
-
-
Agenda Item No. 16A6
September 13, 2005
Page 1 of 4
EXECUTIVE SUMMARY
Recommendation to approve for recording the final plat of "Prestwick Place", approval of
the standard form Construction and Maintenance Agreement and approval of the amount
of the performance security
OBJECTIVE:
To approve for recording the final plat of "Prestwick Place", a subdivision of lands located in
Section 28 Township 50 South, Range 26 East, Collier County, Florida, following the alternative
procedure for approval of subdivision plats pursuant to Resolution 99-199.
CONSIDERATIONS:
Engineering Review Section has completed the review of the construction drawings,
specifications, and final plat of "Prestwick Place". These documents are in compliance with the
County Land Development Code and Florida State Statute No. 177. All fees have been paid.
Security in the amount of 10% of the total cost of the required improvements, and 100% of the
cost of any remaining improvements, together with a Construction and Maintenance Agreement
for Subdivision Improvements, shall be provided and accepted by the Engineering Services
Director and the County Attorney's office prior to the recording of the final plat. This would be in
conformance with the County Land Development Code -- Section 10.02.04.
Engineering Services Department recommends that the final plat of "Prestwick Place" be
approved for recording.
FISCAL IMPACT:
The project cost is $1,199,077 .40 (estimated) to be borne by the
developer.
The cost breakdown is as follows:
a)
b)
Water & Sewer
Drainage,
Paving, Grading
- $476,945.80
- $722,131.60
The Security amount, equal to 110% of the
project cost, is $1,318,985.14
The County will realize revenues as follows:
Fund: Community Development Fund 131
Agency: County Manager
Cost Center: 138327 -- Engineering Project Review
Revenue generated by this project:
Total: $37,192.34
Agenda Item No. 16A6
September 13, 2005
Fee,s are based on a construction estimate of $1,199,077.40 and were palf(;fi~ 2 of 4
October, 2003.
The breakdown is as follows:
a) Plat Review Fee ($1,000.00 + $5.1ac) -$ 1,220.00
b) Construction Drawing Review Fee
Water &
Sewer (.75% const. est.) - $ 3,577.09
c) Drainage,
Paving, Grading (.75% const. est.) - $ 5,416.00
d) Construction Inspection Fee
Water &
Sewer (2.25% const. est.) - $10,731.28
e) Drainage, Paving,
Grading(2.25%const.est.) - $16,247.97
GROWTH MANAGEMENT IMPACT:
The developer must receive a Certificate of Adequate Public Facilities prior to the final
approval letter.
ENVIRONMENTAL ISSUES:
There are no outstanding environmental issues.
HISTORICAUARCHAEOLOGICAL IMPACT:
There are no historical or archaeological impacts.
RECOMMENDATION:
That the Board of County Commissioners approve the Final Plat of "Prestwick Place" for
recording with the following stipulations:
1. Approve the amount of $1,318,985.14 as performance security for the required
improvements; or such lesser amount based on work completed, and as is approved by the
Engineering Services Department.
2. Approve the standard form Construction and Maintenance Agreement, and
a. That no Certificates of Occupancy be granted until the required improvements have
received preliminary acceptance.
b. That the plat not be recorded until suitable security and an appropriate Construction
and Maintenance Agreement is approved and accepted by the Engineering Services
Department Director and the County Attorney's office.
PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department
"...-...,
Agenda Item No, 16A6
SBPlember 13, 2lW5
P~ge :1 oJ 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16A6
Recommellda11On to approve for recording the final flla1 of Preslwick PI<3ce. approval ot1he
stalldard lorm COllstruction and Maintenance Agreement and approval at the amount 01 the
performflnce seclJrity
Meeting Date:
9113t2005 9:00:00 AM
Prcllared By
John Houldsworth
Senior Engmoor
Oat.
Community Development &
Environmental Services
Engineering Servicea
7f19f2005 10:48:57 AM
Apllroved By
Thomas E. Kuck, P.E.
CDES Engineering Services mrectof
Oat.
Community Development &
Environmental Services
CDES Engineering Services
7119/200511:21 AM
AIJproved B)'
Sandra Lea Executive Secretary
Community Development & Community Development &
EnvironnumtalSNllicell Environmental Services Admin.
Date
7120/20052:02 PM
Approved By
Constance A. Johnson Operations Analyst
Community Development & Coml11unity Developn'tCnt &
Environment..1 Services Environmental Services Admin.
Date
8!2{2005 8;24 AM
Allproved By
Joseph K. Schmitt
Community Dellelopment &
Environmental Serviccll Admlnstrator
Date
Community Development &
EnvIronmental Services
Community DE'velopment &
EnvIronmental Services Admin.
6/212005 9:03 PM
ApprO\/ed By
OMS Coordinator
Administrative Asslstr.'"t
Dato
County Manager's Office
Offi(;c of Management & Budget
6/4f2005 6:20 AM
Apllruved By
Michael Smykowski
MAnAgement & Budget Director
Oat.
County Manager's Office
OHlce 01 Management & Budget
8/5/20054:45 PM
Allproved By
James V, Mudd
County Manager
Dato
Board of County
Commisl'>ionera
County Manage:r'6 Office
8/8/2005 1:20 PM
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Agenda Item No. 16A7
September 13. 2005
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of "Grey Oaks Unit Fifteen". The
roadway and drainage improvements will be privately maintained
OBJECTIVE:
To grant final approval of the infrastructure improvements associated with that
subdivision known as "Grey Oaks Unit Fifteen"
CONSIDERATIONS:
1. On March 27, 2001, the Board of County Commissioners granted
preliminary acceptance of the roadway and drainage improvements in
"Grey Oaks Unit Fifteen".
2. The roadway and drainage improvements will be maintained by the
project's homeowners association.
.-
3.
The required improvements have been constructed in accordance with the
Land Development Code. The Engineering Services Department has
inspected the improvements and is recommending final acceptance of the
improvements.
4. A resolution for final acceptance has been prepared and approved by the
County Attorney's Office. A copy of the document is attached.
5. This Executive Summary has been reviewed and approved by the
Transportation Services Division.
FISCAL IMPACT:
The roadway and drainage improvements will be maintained by the project's
homeowners association.
GROWTH MANAGEMENT IMPACT: There is no growth management impact.
LEGAL CONSIDERATIONS:
The County Attomey's Office has reviewed and approved the Resolution.
.,-
Agenda Item No. 16A7
September 13, 2005
Page 2 of 5
RECOMMENDATION:
That the Board of County Commissioners grant final acceptance of the roadway
and drainage improvements in "Grey Oaks Unit Fifteen" and release the
maintenance security.
1. Authorize the Chairman to execute the attached resolution authorizing
final acceptance.
2. Authorize the release of the maintenance security.
PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review
Department
-
Ageneja Item No. 16A7
September 13, 2U05
Pane :, of 5
COLLIER COlINTY
BOARD OF COUNTY COMMISSIONERS
hem Number:
Item Summary:
16A7
Recomrnendaliof1 ill grllnl final approval of the ro(~dway (~.liva1e) ~nd drainag(l improvements
for the final plat of Grey Oaks UnIt Fifteen. The roadw8V and drflil'lf'llJt! improvements will be
privately maintained
Meeting Date:
9/13120059:00:00 AM
PrelJarcd By
John Houldsworth
Sanior Enginoor
D...
Community Development &
Environmental Services
Engineering Services
7/10/20052:49;37 PM
Approved By
Sandra Lea Exocutlve Secretary
Community Development 8. Community Development &
Envirommmul Services Environmental ServIces Admin.
Date
712012005 2:04 PM
AI)pro\'cd By
Thomas E. Kuck, P,E,
Community De~lop/Tlellt &
Environmontal Services
COES Engineering Services Dlre('Jof
D""
CDES Enginflerlng Services
7(29:2005 6:08 AM
Approved By
Constance A. Johnson Oporations Analyst
Community DGVelopment & Community Development &
Environmental Services Env\ronrnental Services Admin
Dirt.
8/2120056:28 AM
A(lprOved B~'
Joseph K. Schmitt
Community Development &
Environmental Servioo!; Admlltstrstor
Dirt.
CommunIty Development &
Environmcn1i11 Services
Community Development &
Environmental ServicDii Admin
812/2005 9:04 PM
AI)llfDVcd By
OMS Coordinator
AdministraUve Assistant
Date
County Mllnager's Office
Office of Management & Budget
8/4/2006 B:20 AM
AI)fml\'cd By
Michael Smykowskl
Management & Budget Director
Date
CQunt}' Manager's Oft'lce
Office of Manllgame-nt & Budget
8l5l2V05 4:43 PM
Approved B~'
James V. Mudd
Board 01 County
Commissionerii
County Man<lger
0"'.
County Man~ger'$ Office
618J2oo5 L23 PM
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Agenda Item No. 16A7
September 13, 2005
Page 5 of 5
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 GREY OAKS UNIT FIFTEEN,
RELEASE OF THE MAINTENANCE SECURITY,
AND ACCEPT THE MAINTENANCE
RESPONSIBILITY FOR THE ROADWAY AND
DRAINAGE IMPROVEMENTS THAT ARE NOT
REQUIRED TO BE MAINTAINED BY THE GREY
OAKS HOMEOWNER'S ASSOCIATION
WHEREAS, the Board of County Commissioners of Collier County, Florida, on
December 14, 1999 approved the plat of Grey Oaks Unit Fifteen for recording; and
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. 04-41, 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 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 Grey Oaks Unit Fifteen
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
that are not required to be maintained by the Grey Oaks Homeowner's Association.
This Resolution adopted after motion, second and majority vote favoring same,
this _ day of , 2005.
DATE:
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, CHAIRMAN
Approved as to form and legal
sufficiency:
Jennifer A. Belpedio
Assistant Collier County Attorney
Agenda Item No. 16A8
September 13, 2005
Page 1 of 5
--
EXECUTIVE SUMMARY
Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of "Islandwalk Phase Three". The
roadway and drainage improvements will be privately maintained
OBJECTIVE:
To grant final approval of the infrastructure improvements associated with that
subdivision known as IIlslandwalk Phase Three"
CONSIDERATIONS:
1. On August 8, 2000, the Board of County Commissioners granted
preliminary acceptance of the roadway and drainage improvements in
"Islandwalk Phase Three".
2. The roadway and drainage improvements will be maintained by the
project's homeowners association.
-
3.
The required improvements have been constructed in accordance with the
Land Development Code. The Engineering Services Department has
inspected the improvements and is recommending final acceptance of the
improvements.
4. A resolution for final acceptance has been prepared and approved by the
County Attorney's Office. A copy of the document is attached.
5. This Executive Summary has been reviewed and approved by the
Transportation Services Division.
FISCAL IMPACT:
The roadway and drainage improvements will be maintained by the project's
homeowners association.
GROWTH MANAGEMENT IMPACT: There is no growth management impact.
LEGAL CONSIDERATIONS:
The County Attorney's Office has reviewed and approved the Resolution.
~
Agenda Item No. 16A8
September 13, 2005
Page 2 of 5
RECOMMENDATION:
That the Board of County Commissioners grant final acceptance of the roadway
and drainage improvements in "lslandwalk Phase Three" and release the
maintenance security.
1. Authorize the Chairman to execute the attached resolution authorizing
final acceptance.
2. Authorize the release of the maintenance security.
PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review
Department
---
-
Agenda Item No. 16A8
September 13, 2005
Page 3 of5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Meeting Date:
16AB
Recommf.!'nda1lOn to grant final approval of the roadway (pIiVilll')} tmd drainage impro....ements
10r the finel pial of lslandwalk Phase Three. The roadway and dralnage improvements will be
privately maintained
9/13/20059:00:00 AM
Item Number:
Item Summary:
Prellared By
John Houldaworth
Senior Enginoor
Date
Community Development &
Environmental Services
Englnll!lering Services
811120062:34:12 PM
Approved By
Sandra LeD EKecutive Secretary
Community Development & Community Development &
Environmental Service51 EnvironrMnt.1 Sorviclts Admin.
Date
8/1120053..15 PM
Approved By
Thomas E. Kuck, P,E.
COES Engineering Services Director
Date
Community Development &
Environmental ServicoD
COES Engin[l(,Oring Serviens
$(1/2005 3:37 PM
Approved By
Constance A. John$On Operations Annly1lt
Community Developmen1 & Community [)eveiopmen1 &
EnvironmentaI5e-fvicell' Envlronment.tl Serv~ces Admin,
Date
61Z/200S $:25 AM
Approved By
Joseph K. Schmitt
Community Development &
Environmental ~rvices Adminstrator
Dnte
Community Development &
Env~ronf'\'l(!lntll Sarvlces
Community Development &
Environl11enta;! Sefvice$ Admin.
612,'ro05 9:04 PM
Approved By
OMS Coordinator
Administrative Assistilnt
Oat.
County Mllnager's OffIce
Office of Management & Budget
8/4120058:19 AM
AI)prllvcrl By
Mich9<!11 Smykowski
M.anagement & Budget DlreC1:or
Date
Count'{ MlInager's Office
Office 01 Management & Budg~t
8/5120054:57 PM
Apllroved By
James V, Mudd
Soard of County
Commissioners
County ,",anDger
Date
County Manager's Olfioe
8f8f2005 10:26 AM
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Agenda Item No. 16A8
September 13,2005
Page 5 of 5
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 ISLANDW ALK PHASE
THREE, RELEASE OF THE MAINTENANCE
SECURITY, AND ACCEPT THE MAINTENANCE
RESPONSIBILITY FOR TIlE ROADWAY AND
DRAINAGE IMPROVEMENTS THAT ARE NOT
REQUIRED TO BE MAINTAINED BY THE
ISLANDW ALK HOMEOWNER'S ASSOCIATION
WHEREAS, the Board of County Commissioners of Collier County, Florida, on
October 26, 1999 approved the plat ofIslandwalk, Phase Three for recording; and
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. 04-41, 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 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 Islandwalk Phase Three
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
that are not required to be maintained by the Islandwalk Homeowner's Association.
This Resolution adopted after motion, second and majority vote favoring same,
this _ day of , 2005.
DATE:
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, CHAIRMAN
Approved as to form and legal
sufficiency:
Jennifer A. Belpedio
Assistant Collier County Attorney
-
-
,-
Agenda Item No. 16A9
September 13, 2005
Page 1 of 3
EXECUTIVE SUMMARY
Recommendation to approve final acceptance of sewer utility facilities for Grey Oaks
Unit 14
OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of
the Collier County Water-Sewer District, to accept the conveyance of the Sewer facilities.
CONSIDERATIONS:
1) The Developer of Grey Oaks Unit 14, has constructed the sewer facilities within dedicated
easements to serve this development. See attached location map.
2) Preliminary acceptance was approved by the Community Development and
Environmental Services staff on March 27, 2001. Final acceptance is in accordance
with Ordinance 2001-57.
3) Staff has recorded all appropriate legal documentation which has been reviewed by
the County Attorney's office for legal sufficiency.
4) The water facilities have been operated and maintained by the Collier County Water-
Sewer District during the one (1) year warranty period.
5) A final inspection to examine for any defects in materials and workmanship was
conducted by the Community Development and Environmental Services Division staff
and found to be satisfactory.
6) The Utilities Performance Security (UPS), submitted with the Subdivision bond may
be reduced by 10% for the utility-related items that have been satisfactorily
completed.
FISCAL IMPACT: The cost of operating and maintaining the water/sewer facilities will be
paid by monthly user fees in County Water/Sewer Fund (408).
GROWTH MANAGEMENT IMPACT: This project will be connected to the Regional
Wastewater Treatment Plant. This project will not create a new impact, as it has been
planned for within facilities available at present.
RECOMMENDATION: The Community Development and Environmental Services
Division Administrator recommends that the Board of County Commissioners, Ex-Officio
the Governing Board of the Collier County Water-Sewer District, accept the sewer
facilities for Grey Oaks Unit 14, and release the UPS to the Project Engineer or the
Developer's designated agent.
PREPARED BY: Tonia Leavitt, EngineerinQ Services Department
Agenda l!em No 16A9
September 13, 2005
P~ge 2 of 3
COLLffiR COUl'\TY
BOARD OF COUNTY COMMISSIONERS
Item Number.
Item Summary:
16A9
Meeting O.te:
Rec:ommendation to Approve Final Accepi~nce Of Sewer Utill1y Facilities For Grey Oaks Unit
14.
9/13.'2005 9:00:00 AM
Approved By
Thomas E. Klick, P.E.
Community Oovolopment &
Environmental Se-rvlces
COES Engill0fl'rlng Services Director
0...
CDES Enginee.ring Servicel5
7118/2005 10:29 AM
Approved By
St6phen L. Nagy
Wastewater Collections Manager
0...
Public Utilities
WuteWnter
7{291200S 7:53 AM
Approved By
Roy B, Anderson, P.E.
Public Utllitief> Engine:r-erfng Dir~ctor
0'"
Public Utili!i"
Public Utilities EngineerIng
813(2005 1:14 PM
Approved By
Const,mce A. Johnson Opertrtion6 Analyst
Community Development & Community Ocvttlopment &
Environmental Services Environmental ServiCftIl Admin.
Oat.
8J4/2005 10:57 AM
A pproved By
Sandra Laa: Executive Secn:nary
Community Development & Communit)l Development &
EnviroolTlGntal Sorvlces Environmental Services Admin.
Date
81412005 11 :02 AM
Approved B)"
JOBcph K. Schmitt
Community Development &
Environmental Sarvloo5 Admins.trator
Date
Community Development &
Environmental Services
Community Delo'elopf1ll!lnt &
Environmental ServjCe6 Admin.
8J5J2005 9:15 PM
A I)proved By
OMB Coordinator
Administrati....e Assistant
Dot.
County Manager's Office
Office of Management & Budget
819/20057:49 AM
AJlproved By
Michael Smykowllk!
Management & Budget Director
0...
Coun[y Mann~r's Office
Office of Mal1&gel'Tlent & Budget.
6'15'200512:33 PM
Approved By
James V. Mudd
COlln[y Manager
0...
Bonrd 01 County
Commissionc!lTS
County Manager's Office
a/151:20Q51:15 PM
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Agenda Item No. 16A 10
September 13, 2005
Page 1 of 3
--
EXECUTIVE SUMMARY
Recommendation to approve final acceptance of water and sewer utility facilities
for Ibis Cove, Phase 2-C
OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of
the Collier County Water-Sewer District, to accept the conveyance of the water and
sewer facilities.
CONSIDERATIONS:
1) The Developer of Ibis Cove, Phase 2-C has constructed the water and sewer
facilities within dedicated easements to serve this development. See attached
location map.
2) Preliminary acceptance was approved by the Community Development and
Environmental Services staff on 11/25/2003. Final acceptance is in accordance with
Ordinance 2004-31 as amended.
3) Staff has recorded all appropriate legal documentation which has been reviewed by
the County Attorney's office for legal sufficiency.
~ 4) The water and sewer facilities have been operated and maintained by the Collier
County Water-Sewer District during the one (1) year warranty period.
5) A final inspection to examine for any defects in materials and workmanship was
conducted by the Community Development and Environmental Services Division
staff and found to be satisfactory.
6) The Utilities Performance Security (UPS), submitted with the Subdivision bond may
be reduced by 10% for the utility-related items that have been satisfactorily
completed.
FISCAL IMPACT: The cost of operating and maintaining the water/sewer facilities will be
paid by monthly user fees in County Water/Sewer Fund (408).
GROWTH MANAGEMENT IMPACT: This project has been connected to the County
Regional Water Treatment Plant and North/South Regional Wastewater Treatment Plant.
Capacity presently exists to serve this project.
LEGAL CONSIDERATIONS: Legal documents were reviewed and approved by
Assista,nt County Attorney, Thomas Palmer.
~
STAFF RECOMMENDATION: That the Board of County Commissioners, Ex-Officio the
Governing Board of the Collier County Water-Sewer District, accept the water and sewer
facilities for Ibis Cove, Phase 2-C, and release the UPS to the Project Engineer or the
Developer's designated agent.
PREPARED BY: Tonia Leavitt. Enoineerino Services Department
Item Number.
Item Summary:
Meetin9 Date:
Agenda Item No. 16r,1 0
September 13, 2005
Page 2 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
1SA10
Recommendation l"O approve final ilIc(:eptam;e of water end sewer ulilily (adlitie5 for Ibis
Cove, Pha6e 2-C
9/13/20059:00:00 AM
CDE.S Engineering Serl/ices Director
Date
Approved B~'
Thomas E. Kuck, P.E.
Community Development &
Environmcntal $e-rvlC$:B
CDES Engil'KtOrlng Sendee,
7/18/200!l10:30AM
Pamela Libby
Water Operations Mnnager
Dat.
Approved By
Public Utilities
Water
7f19r2005 10:18 AM
AplJrond By
Paul M<attausch
Public Utilities
Water Director
Dn.
Water
7119/20053:58 PM
D"'.
Approved By
Sandr<l Lea Executive SfWretary
Community Developmmnt & Community Developmont &
Environmental Services EnvIronmental SerViCfl$ Admin.
712012005 2:14 PM
A pprovcd By
Stephen L. Nagy
Wastewater Collections Manager
D."
Public Utilities
WasteWater
7129/20057:53 AM
Dat.
Approved By
Constance A. Johnson Operations Analy$f
Community Development & Comrmmity Oe-velopment &
Environmental Services Environmental &rvices Admin
8/2120058:44 AM
Roy B. AndortiOfl, P.E.
Public Utilities Engineering Oiractor
Dat&
613120051:15 PM
Approved By
Public Utilities
Public utiliti~5 Engineering
AIJpro't'ed By
Joseph K. Schmitt
Community Development &
Environmental Serv~8$
Community Oe...~lopment &
Environmenh\1 Services Admin!J.tratQr
Community Oe...elopment &
Environmental Services Admin.
Dat.
8/5120059:17 PM
Administrative ~8siStllnt
Date
Approved By
OMB Coordinator
County Manager's OffJe"
Office of Management & Budget
effi/2005 7;48 AM
MichaelSmYKowski
Management 8. BudQlll1: Director
D'"
Approved B)'
County Manag./lr's Office
Office of Manag~t & Budget
6IHif2005 12:16 PM
Appro,'cd By
JarneE: V. Mudd
Boa.rd of County
Comlnisaional'8
County M.mager
D...
County MBnllger's Office
SN512Q0512:U PM
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Agenda Item No. 16A 11
September 13, 2005
Page 1 of 3
-
EXECUTIVE SUMMARY
Recommendation to approve final acceptance of water and sewer utility facilities
for Escada at Tiburon
OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of
the Collier County Water-Sewer District, to accept the conveyance of the water and
sewer facilities.
CONSIDERATIONS:
1) The Developer of Escada at Tiburon has constructed the water and sewer facilities
within dedicated easements to serve this development. See attached location map.
2) Preliminary acceptance was approved by the Community Development and
Environmental Services staff on August 2, 2002. Final acceptance is in accordance
with Ordinance 2004-31 as amended.
3) Staff has recorded all appropriate legal documentation which has been reviewed by
the County Attorney's office for legal sufficiency.
-
4) The water and sewer facilities have been operated and maintained by the Collier
County Water-Sewer District during the one (1) year warranty period.
5) A final inspection to examine for any defects in materials and workmanship was
conducted by the Community Development and Environmental Services Division
staff and found to be satisfactory.
6) The Utilities Performance Security (UPS), submitted with the Subdivision bond may
be reduced by 10% for the utility-related items that have been satisfactorily
completed.
FISCAL IMPACT: The cost of operating and maintaining the water/sewer facilities will be
paid by monthly user fees in County Water/Sewer Fund (408).
GROWTH MANAGEMENT IMPACT: This project has been connected to the County
Regional Water Treatment Plant and North/South Regional Wastewater Treatment Plant.
Capacity presently exists to serve this project.
LEGAL CONSIDERATIONS: Legal documents were reviewed and approved by
Assistant County Attorney, Thomas Palmer.
STAFF RECOMMENDATION: That the Board of County Commissioners, Ex-Officio the
Governing Board of the Collier County Water-Sewer District, accept the water and sewer
facilities for Escada at Tiburon, and release the UPS to the Project Engineer or the
-- Developer's designated agent.
PREPARED BY: Tonia Leavitt. Engineerino Services Department
Agencla Item No. 16/d 1
- September 13, 2005
Page 2 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
hem Number:
ttem Summary:
16A11
Recommendation to approve final acceptance of water and sewer utility fecilities for Escatla
at Tibulon
Meeting Date:
9/1312005 9~OO:OO AM
Approved 8)-'
Palllela LIbby
Water Operations MatlQger
n...
Publlc; Utilltie.
Water
7/19/2005 10:1Q AM
Approved By
Thomas E. Kuck, P.E.
COES Engln&erlng Servk:&s DirectoJ
0...
Community Development &
Environmental Service$
COES Engineering Services
7119/200511 ;18 AM
Approved By
Pnul MattaUiich
WllterOirnctor
Date
Public Utilities
Water
7119/~005 3:51 PM
Approved By
Sandra Lea Executive Secretary
Community Development & Community Oevl!tlopment &
Environmental Ser..,ices Environment",l Service$ Admin.
Oat.
7120/2005 2:13 PM
Approved By
Constance A. Johnson OperaHons Analyst
Community Development & Community Del/elopment &
EnvironrTlCn1al SarI/ices Envlronlt'Wnt.! Servicel Admin,
Date
8/212005 8:45 AM
Approved By
Roy B. Ander1lOfl, P.E.
Public Utilitios Engirocring Director
Date
Public UtftlUes
PubUc Utilities Engineering
613120051:16 PM
Approved By
Jos.~ph K. Schmitt
Community Development &
Environmental ServiC$9 Adminstr..tor
0...
Community Development &
Environme~1 Services
Community Development &
Environmental Services Admin.
6/5120059:19 PM
Approved By
OMS Coordinator
Adminlstr.tive Assistant
n.,.
County Manager'a Office
Office of Manag0ment & BUdget
6/9/20057:47 AM
Aplml'Yed By
Michael Smykowski
ManageJ'oont & Budget Director
0"'.
County Manager's Office
Office of MAnagement & Budget
6115r2005 12:39 PM
Apprond By
James V. Mudd
County Manager
0...
Board of County
Commissioners
County Manager's Office
6115/2005 LID PM
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Agenda Item No. 16A 12
September 13, 2005
Page 1 of 3
EXECUTIVE SUMMARY
Recommendation to approve final acceptance of water and sewer utility facilities
for Terracina at the Vineyards
OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of
the Collier County Water-Sewer District, to accept the conveyance of the water and
sewer facilities.
CONSIDERATIONS:
1) The Developer of Terracina at the Vineyards has constructed the water and sewer
facilities within dedicated easements to serve this development. See attached
location map.
2) Preliminary acceptance was approved by the Community Development and
Environmental Services staff on July 17, 1998. Final acceptance is in accordance
with Ordinance 2004-31 as amended.
3) Staff has recorded all appropriate legal documentation which has been reviewed by
the County Attorney's office for legal sufficiency.
.- 4) The water and sewer facilities have been operated and maintained by the Collier
County Water-Sewer District during the one (1) year warranty period.
5) A final inspection to examine for any defects in materials and workmanship was
conducted by the Community Development and Environmental Services Division
staff and found to be satisfactory.
6) The Utilities Performance Security (UPS), submitted with the Subdivision bond may
be reduced by 10% for the utility-related items that have been satisfactorily
completed.
FISCAL IMPACT: The cost of operating and maintaining the water/sewer facilities will be
paid by monthly user fees in County Water/Sewer Fund (408).
GROWTH MANAGEMENT IMPACT: This project has been connected to the County
Regional Water Treatment Plant and North/South Regional Wastewater Treatment Plant.
Capacity presently exists to serve this project.
LEGAL CONSIDERATIONS: Legal documents were reviewed and approved by
Assistant County Attorney, Thomas Palmer.
STAFF RECOMMENDATION: That the Board of County Commissioners, Ex-Officio the
Governing Board of the Collier County Water-Sewer District, accept the water and sewer
facilities for Terracina at the Vineyards, and release the UPS to the Project Engineer or
the Developer's designated agent.
-
PREPARED BY: Tonia Leavitt. Enoineerino Services Department
AgencllJ Item No HiA 12
September 13, 2005
Page 2 01 3
COLLIER COUNTY
BOARe OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16A12
Meeting Date:
Recommendation to approve final ac<:eptanc:e of water and sewer utility facilities fur
Terracina atthe Vineymds,
9/1:1/20059:00:00 AM
Approved By
Pamela LIbby Water Operations Manager Date
Public Utilities Wate, 7(14120057:26 AM
Approved By
Paul M.tt1ausch Water DIrector Do"
Public Utltltft Water 7114120059:15 A'"
Approved By
Sandra Lea Ex.,eutivl!l SltCretary Dol.
Community Developn'\ent & Community Development & 7120/2005 2:16 PM
Environmental Services Environmental Services Admin,
Approved By
Stephen L Nagy Wastewater CDllections Manager Date
Public Utilities WasteWater 7129120057:53 AM
Approved By
Roy B. And~raon. P.E. Public Utilities Engineer~ng Director Dol.
Public Utilities Public Utilities Engineering 61312005 1:15 PM
Approved By
Constance A John$On Operations Analy9t Dale
Community Development & Community Development & 8'.4'2005 1Q:64 AM
Environmental Services Environmnntal SerViCtiJ'8 Admin,
Appro\'ed B~.
Joseph K. Schmttt Community Development & 001.
EnVironmental Services Adminstra10r
Community Development & Community Ot!vclopmsnt & 8/8/2005 2:36 PM
Environmental Serv~ces Environmenti'd Services Admin
Approved By
OMS Coordintrtor Adminhittntive Assistant Date
County M:;lOlt9f/!". Offic. Office of Msnagemont & Budget 8/912005 7:48 AM
Allproved By
Michael Smykowski Management & Budget Director Dele
County Manager's Offic(!: Office of M8na~ment 8. Budget 6J15!200512:34 PM
Approved By
Jarron V. Mudd Courrty Manager Dol.
BOllrd of County 611512005 1:3J PM
Commissioners County Manager's Office
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Agenda Item No. 16A 13
September 13. 2005
Page 1 of 3
.",...-
EXECUTIVE SUMMARY
Recommendation to approve final acceptance of water utility facilities for Tiburon
Golf Course Maintenance Facility
OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of
the Collier County Water-Sewer District, to accept the conveyance of the water facilities.
CONSIDERATIONS:
1) The Developer of Tiburon Golf Course Maintenance Facility has constructed the water
facilities within dedicated easements to serve this development. See attached
location map.
2) Preliminary acceptance was approved by the Community Development and
Environmental Services staff on April 28, 1999. Final acceptance is in accordance
with Ordinance 2004-31 as amended.
3) Staff has recorded all appropriate legal documentation which has been reviewed by
the County Attorney's office for legal sufficiency.
4) The water facilities have been operated and maintained by the Collier County Water-
,'-'. Sewer District during the one (1) year warranty period.
5) A final inspection to examine for any defects in materials and workmanship was
conducted by the Community Development and Environmental Services Division staff
and found to be satisfactory.
6) The Utilities Performance Security (UPS), in the form of a Maintenance Bond 15-008-
484 in the amount of $3,147.20, will be released to the Project Engineer or the
Developer's designated agent upon the Board's approval.
FISCAL IMPACT: The cost of operating and maintaining the water facilities will be paid
by monthly user fees in the County Water/Sewer Fund (408).
GROWTH MANAGEMENT IMPACT: This project has been connected to the County
Regional Water Treatment Plant. Capacity presently exists to serve this project.
LEGAL CONSIDERATIONS: Legal documents were reviewed and approved by
Assistant County Attomey, Thomas Palmer.
STAFF RECOMMENDATION: That the Board of County Commissioners, Ex-Officio the
Goveming Board of the Collier County Water-Sewer District, accept the water facilities for
Tiburon Golf Course Maintenance Facility, and release the UPS to the Project Engineer
or the Developer's designated agent.
....-.....
PREPARED BY: Jodi Pannullo, Administrative AssistantlEnoineerino Services
Item Number:
Item Summary:
Meeting Data:
As:lenda Item No 16A13
~ September i 3, 2005
Page 2 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A13
Rp.(~mmend8tion to approve final acceplance' at water ulllity t~cifilies IOJ Tihuron Golf Course
Mainlp.mJnt;t FACility.
9/13/20059:00:00 AM
COES Engineering Services Dlrllctor
0...
Approved B)'
Thoma!! E. Kuc.k, P.E.
CCllnmunity Oeveloprmnt &
EnvirOt'lrml'ntal Ser....ices
CDES Engineering Servfctl's
81"il/2005 8:22 AM
Water Operations Manager
Oat.
Approved B)'
P.omela Libby
Public Utililiett
w...,
81912005 1:20 PM
Paul Mattlluseh
WatGr Director
Oat.
Approved By
Public Utilities
W.1ter
8'10/200510:31 AM
Approved B)'
0...
Sandra Lea Executi....e SecrE>tary
Community Development & Community Development &
Environmental Services EnvIronmental Services Admfn.
8111/20059:2& AM
Approved By
Public Utllitkts. Engineering Director
Date
Roy B. Anuetslon. P.E.
Public Utilities
Pul'JIl(': Utilities Engineering
8/1112005 4:45 PM
0'"
Approved By
Constance A. John80n Operatiot'lS Analyst
Community Deyelopment & Community DevelopnWll1t &
Environmental Services Enylronmental SerYlces Admin.
61f2l2oo5 9:04 AM
Joseph K. Schmitt
Oate
Approved By
Community Do-yclapment &
Environmt!lntal Servi~81i1
Community Development &
EnvlJonmental Services Admin.trntor
Community Development &
Environmental Servicf!P> Admin.
8/13120057:41 PM
OMB Coordinator
Administrative Assistant
0_
Approved By
County Manager's Office
Office of Management & Budget
8116120059;13 AM
Mark 1'Klickson
Budget Analyst
0_
Approved By
County Manager's Office-
Office of Management & Budget
8/16/2005 12:37 PM
Michael Smykow$ki
Management & Budget Director
Oat.
Approved By
County Manager's Office
Office of Management & Budget
6J18r200511:47 AM
Apllroved By
Leo E. Ochs, Jr.
Board of County
Commisl!lion0"
Deputy County Man4g6r
0_
County ManOlger's Office
8t18f2UOS 2:15 PM
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Agenda Item No. 16A14
September 13, 2005
Page 1 of 4
c-
EXECUTIVE SUMMARY
Recommendation to approve for recording the final plat of "Fiddler's Creek Phase Four,
Unit Two", approval of the standard form Construction and Maintenance Agreement and
approval of the amount of the performance security
OBJECTIVE:
To approve for recording the final plat of "Fiddler's Creek Phase Four, Unit Two", a subdivision
of lands located in Section 14, Township 51 South, Range 26 East, Collier County, Florida,
following the alternative procedure for approval of subdivision plats pursuant to Resolution 99~
199.
CONSIDERATIONS:
-
Engineering Review Section has completed the review of the construction drawings,
specifications, and final plat of "Fiddler's Creek Phase Four, Unit Two". These documents are in
compliance with the County Land Development Code and Florida State Statute No. 177. All
fees have been paid. Security in the amount of 10% of the total cost of the required
improvements, and 100% of the cost of any remaining improvements, together with a
Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and
accepted by the Engineering Services Director and the County Attorney's office prior to the
recording of the final plat. This would be in conformance with the County Land Development
Code - Section 10.02.04.
Engineering Services Department recommends that the final plat of "Fiddler's Creek Phase
Four, Unit Two" bespproved for recording.
FISCAL IMPACT:
The project cost is $1,283,515.33 (estimated) to be borne by the
developer.
The cost breakdown is as follows:
a)
b)
Water & Sewer
Drainage,
Paving, Grading
- $651,732.00
- $631,783.33
The Security amount, equal to 110% of the
project cost, is $1,411,866.86
The County will realize revenues as follows:
-
Fund: Community Development Fund 131
Agency: County Manager
Cost Center: 138327 - Engineering Project Review
Revenue generated by this project:
Total: $40,080.46
Agenda Item No. 16A 14
September 13, 2005
Fees are based on a construction estimate of $1 ,283,515.33 and were paf(jl~ 2 of 4
January, 2005.
The breakdown is as follows:
a) Plat Review Fee ($1,000.00 + $5./ac) -$ 1,575.00
b) Construction Drawing Review Fee
Water &
Sewer (.75% const. est.) - $ 4,887.99
c) Drainage,
Paving, Grading (.75% const. est.) - $ 4,738.37
d) Construction Inspection Fee
Water &
Sewer (2.25% const. est.) - $14,663.97
e) Drainage, Paving,
Grading(2.25%const.est.) - $14,215.13
GROWTH MANAGEMENT IMPACT:
The developer must receive a Certificate of Adequate Public Facilities prior to the issuance of
the construction plan final approval letter.
ENVIRONMENTAL ISSUES:
There are no outstanding environmental issues.
HISTORICAUARCHAEOLOGICAL IMPACT:
There are no historical or archaeological impacts. If during the course of site clearing,
excavation or other construction activity, a historic or archaeological artifact is found, all
development within the minimum area necessary to protect the discovery shall be
immediately stopped and the Collier County Code Enforcement Department contacted.
LEGAL CONSIDERATIONS:
The County Attorney's Office has reviewed and approved the plat and associated legal
documents.
RECOMMENDATION:
That the Board of County Commissioners approve the Final Plat of "Fiddler's Creek Phase
Four, Unit Two" for recording with the following stipulations:
1. Approve the amount of $1,411,866.86 as performance security for the required
improvements; or such lesser amount based on work completed, and as is approved by the
Engineering Services Department.
2. Approve the standard form Construction and Maintenance Agreement, and
a. That no Certificates of Occupancy be granted until the required improvements have
received preliminary acceptance.
b. That the plat not be recorded until suitable security and an appropriate Construction
and Maintenance Agreement is approved and accepted by the Engineering Services
Department Director and the County Attorney's office.
.,.,........
PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department
Aaenda Item No. 16A14
, September 13, 2005
Page 3 of 4
COLLIER COUNTY
BOARO OF COUNTY COMMISSIONERS
Item Number.
Item Summary:
16A14
Recommendaiion to approve f(lr rftcnrdlng the final plat of Fiddlers Creek Phase Four, Unit
Two, approval 01 the standard form Construction ilnd Mail,tenal1ce Agreement and approval
of the amount of the performance security
Meeting Date:
9/13120059:00:00 AM
Prepared By
John Houldsworth
Senior Engineer
0'"
Community Development &
Environmental Servlcea
Engineering Servle8Jl
8111/20053:29:18 PM
Approved By
Sandra Len Exet.uUv(!. Secretary
Community Oewlopment & Community Development &
Environmental S&rvices Envirol1mental Services Admin.
Dol.
8/11f2005 3:40 PM
AplJrnved By
Thomas E. Kuck, P.E.
Community Developnwmt &
Environmental Services
CDES Englnetl'ring SeTlilc4!ls Director
Oat.
CDES Engineering ScrvlcH
an 1/20053:45 PM
AIJproved B"
Constance A. Jollnson Operations Analyst
Community Development & Community Dewlopment &
Environmentsl Se-rllicetl Environmental Services Admin.
Dote
8J121200!5 9:30 AM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services. Admin$1fa1or
Community Development &
Erwironmenul Services Admin.
Oat.
Community Development.\
Envitonmental Services
8/13120057:49 PM
Approved By
OMB Coordinator
Administnrtlve Asoilistant
0...
County Manager's Office
Office of Management & Budget
8/1612005 9:15 AM
Apl)rOvcd By
Michael Smykowski
Mtu1agement & Budtlet Director
Date
County Manager's Office
Orrice of Mnnagerrnmt & Blldget
8/1612005 9:23 AM
AplJroved B"
James V. Mudd
County Mantrger
Date
Board of County
Commissjoners
County Manager'$ Office
8/16120054:29 PM
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Agenda Item No. 16A15
September 13, 2005
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of "Mallards Landing at Fiddler's
Creek". The roadway and drainage improvements will be privately
maintained
OBJECTIVE:
To grant final approval of the infrastructure improvements associated with that
subdivision known as "Mallards Landing at Fiddler's Creek"
CONSIDERATIONS:
1. On August 29, 2000 the Board of County Commissioners granted
preliminary acceptance of the roadway and drainage improvements in
"Mallards Landing at Fiddler's Creek".
2. The roadway and drainage improvements will be maintained by the
project's homeowners association.
,,,,,-.
3. The required improvements have been constructed in accordance with the
Land Development Code. The Engineering Services Department has
inspected the improvements and is recommending final acceptance of the
improvements.
4. A resolution for final acceptance has been prepared and approved by the
County Attorney's Office. A copy of the document is attached.
5. This Executive Summary has been reviewed and approved by the
Transportation Services Division.
FISCAL IMPACT:
The roadway and drainage improvements will be maintained by the project's
homeowners association.
GROWTH MANAGEMENT IMPACT: There is no growth management impact.
LEGAL CONSIDERATIONS:
,,-
The County Attorney's Office has reviewed and approved the Resolution.
Agenda Item No. 16A 15
September 13, 2005
Page 2 of 5
RECOMMENDATION:
That the Board of County Commissioners grant final acceptance of the roadway
and drainage improvements in "Mallards Landing at Fiddlers Creek" and release
the maintenance security.
1. Authorize the Chairman to execute the attached resolution authorizing
final acceptance.
2. Authorize the release of the maintenance security.
PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review
Department
......'"..
AQenda Item No. 16A 15
, September 13. 2005
Page 3 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Meeting Oate:
16A15
Recommenda1ion 10 91 ani final a-pproval of Ihe lO(idway (private) and drainau~ impro....ements
for the ftnal plat of Mallards Landing at Fiddlers Creek.. The roadway and drainage
improvements will be privately main1ained.
9/13'20059:00:00 AM
Item Number:
Item Summary:
Prepllred By
John Houldaworth
Senior Engineer
0...
Community Development &
Environmental Services
Eogineering 5e-rvicea
8111120053:38:59 PM
Approved By
Thomas E. Kuck. P .E.
Community De-Vt!'topment &
EnvironmllrrtAl ServlC8s
CDES Engineering Services Director
Oete
COES Engineering Services
8M 1f200S 3:46 PM
Approved B~'
Sandra Lea. Executive secretary
Community Development & Community Development &
Environmental Services Environl'1'l0nttll Services Admin.
Date
8/11J2005 3:52 PM
Apllroved By
Constonce A. Jolm5on Opctraions Analyst
Community Oe...elopmenf & Community Ocvclopmcm &
En."ironmental Service. Environmental Servltell Admin.
Oet.
8/12/20059:54 AM
Approved By
Joseph K. Schmitt
community Development &
Envlronmontal Services Admlnstrlrtor
Community Oeve-Iopnwnl &
En\lironlT~ntal Services Athllin.
0...
Community Development 8
Etwlronm(!:ntal Services
8/13f20051:54 PM
Approved By
OMS Coordinator
Administrative Assistant
0'"
County Manager's Office
Oftic(! of Management & Budget
8/16/20059:15 AM
Approved By
Mark Isackson
Budget Analyst
Oet.
County Manager's Offjc~
Office of Management & Budget
aNai2005 12:49 PM
AplJroved By
MlGhael Smykowaki
Mart4gernent & BUdget Director
Date
County Manager's OffIce
Office of Man.aQ8ment & Cudgel
8'16/20051;37 PM
ApprO'\!cd B)o'
James V. Mudd
County Manager
Oat.
Board of County
Comm;ssloners
County Manager's Office
6116f2005 5:12 PM
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Agenda Item No. 16A 15
September 13, 2005
Page 5 of 5
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 MALLARDS LANDING AT
FIDDLER'S CREEK, RELEASE OF THE
MAINTENANCE SECURITY, AND ACCEPT THE
MAINTENANCE RESPONSIBILITY FOR THE
ROADWAY AND DRAINAGE IMPROVEMENTS
THAT ARE NOT REQUIRED TO BE MAINTAINED
BY THE MALLARDS LANDING AT FIDDLER'S
CREEK HOMEOWNER'S ASSOCIATION
WHEREAS, the Board of County Commissioners of Collier County, Florida, on
September 14, 1999 approved the plat of Mallards Landing at Fiddler's Creek for
recording; and
WHEREAS, the Developer has constructed and maintained the roadway and
drainage improvements in accordance with the approved plans and specifications and 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 ofbis maintenance security; and
WHEREAS, the Engineering Services Section of the Development Services
Department 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 Mallards Landing at
Fiddler's Creek, 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
that are not required to be maintained by the Mallards Landing at Fiddler's Creek
Homeowner's Association.
This Resolution adopted after motion, second and majority vote favoring same,
this _ day of , 2005.
DATE:
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRED COYLE, CHAIRMAN
Approved as to form and legal
sufficiency:
Jennifer A. Belpedio
Assistant Collier County Attorney
Agenda Item No. 16A 16
September 13. 2005
Page 1 of 3
EXECUTIVE SUMMARY
Recommendation to approve an exception to the sidewalk requirements in the Glen Eden
on the Bay PUD and accept a payment in lieu of the sidewalk installation
OBJECTIVE:
To approve an exception to the sidewalk requirements in the Glen Eden on the Bay PUD and to
accept a payment in lieu of sidewalk installation.
CONSIDERATIONS:
On January 26, 1999 the Board of County Commissioners approved Petition No. PUD 98-9,
Ordinance No. 99-3 known as the Glen Eden on the Bay PUD. The PUD Master Plan
included a right-of-way cross section which included sidewalks. The vast majority (98.4%) of
the residents of Glen Eden on the Bay have requested that the sidewalks not be installed in
the neighborhood. Based on the low density and isolated nature of this gated community, the
Engineer of Record has substantiated that sidewalks are not a necessity. The developer has
agreed to make a payment to the County's Pathways Fund in lieu of constructing the
sidewalks within the subdivision.
FISCAL IMPACT:
.......-...
The County will realize revenues as follows:
Fund: Transportation Services Gas Taxes
Agency: County Manager
Cost Center: Vanderbilt Ped Bridges, Project #60033
Revenue generated by this project:
Total: $51,750.00
GROWTH MANAGEMENT IMPACT:
There are no growth management issues.
ENVIRONMENTAL ISSUES:
There are no outstanding environmental issues.
LEGAL CONSIDERATIONS:
The County Attorney's Office has reviewed and approved this exception.
RECOMMENDATION:
That the Board of County Commissioners approve the exception for sidewalks within Glen
Eden on the Bay and accept the "payment in lieu of' with the following stipulation:
Payment to Transportation Services shall be made within 10 days of this approval.
~
PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16A16
September 13, 2005
Page 2 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A16
Recommendation to approve an exception to the sidewalk requirements in the Glen Eden on
the Bay PUD and accept a: payment in lieu of the sidewalk InSlallation
9113/20059:00:00 AM
Senior Engineer
Date
Prepared By
John Houldswol1h
Conununlty Oe....eloprnent &
Environrtlcntal Sflor....ico.
Engineering SOrvlOO5
6115(2:0056;47:58 AM
0...
Approved By
Constance A. Johnson Optl'rations Analyst
Community De....eloprnent & Community [k!ye.lopment &
E.nvironlTK)ntal Services Environmental Services Admin.
8n5l2005 6:48 AM
Approved By
COES Engineering ServlCR Director
D...
Thomas E. Kucl\., P.E.
Community Development &
Erwironmentnl Servicol5
GOES Enginflering Stlrvicn
8115/20059;20 AM
O;1te
Apllrovcd By
Sandra Lea Ell.ecutivl'! Secretary
Community Devellopment & Community Devl!Iloproont &
Environmental Services Environmental Services Admin.
8115120059:38 AM
Appro\lcd By
Date
Jotleph K. Schmitt
Community Developnte'nt &
Environmental ServlcfHlI
CommunIty Development &
Environmental Se-rvices Adminstrator
CommunIty OevelopllWlnt &
Environmental ServiCfls Admin.
8/1512005 2:00 PM
Adminlstr.crtive- Assistant
Dole
AllprCl\lcd By
OMS Coordin.ator
County Manllger'~ otfige
Office of Management & Budga1
81161200Jj 9:18 AM
Accounting Supervisor
Date
ApprO\led By
Sharon Newman
Transportation Services
TransportatiOll Administration
8(17/2005 2:44 PM
Date
Apprond By
Trinity CaudUl-Scott
Transportatloll Services
Project Manager
Tranflportatlon Engineering &
Construction Managc:une-nt
8/17120052:46 PM
Mark Isackson
D...
AI)proved By
County Manager's Offil;e
Budget AnlllyfJt
Office of Management & Budget
8/17120055:15 PM
Apprond By
Sus.Qn Usher
County Manager's Olfic:e
0...
Senior Management/Budget AnOllyst
Office 01 Management & Budpet
6/181ZOG5 11:36 AM
Michael Smykowskl
M...nagement & Budget Director
Date
AIJprO\'ed By
County M:;wnager'B Office
Office of Managermllt & Budget
8/18120054:56 PM
ApllrO\'ed By
Leo E. Ochs, Jr,
Board of County
Commil.sioners
Deputy COlmly M..nOlQer
D...
County M~nager'8 Office
6123f2005 12:30 PM
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GULF
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MEXICO
EXECUTIVE SUMMARY
Agenda Item No. 16A 17
September 13, 2005
Page 1 of 15
Recommendation to approve an Agreement for Sale and Purchase with Ross W. McIntosh,
as Trustee, for 4.95 acres under the Conservation Collier Land Acquisition Program, and
1.826 acres for Transportation Right-of-Way, at a cost not to exceed $844,000.
OBJECTIVE: Request approval and execution of the attached Agreement for Sale and
Purchase (Agreement) between the Board of County Commissioners (Board) and Ross W.
McIntosh, Trustee, for PR/L Northwest Land Trust (Seller).
CONSIDERATIONS: On March 22, 2005, Agenda Item 16A9, the Board approved an
amended Conservation Collier Land Acquisition Advisory Committee (CCLAAC) recommended
Cycle II - Active Acquisition List, with changes, and directed staff to actively pursue acquisition
of the properties under the Conservation Collier Program.
The Seller's parcels contain a total of 6.78 acres and is located on the northwest corner of Pine
Ridge Road and Logan Boulevard. In accordance with the approved Conservation Collier
Purchasing Policy, the purchase price of $830,000 was based upon the average of two
independent, state-certified general real estate appraisers.
The Transportation Division is partnering with Conservation Collier on this purchase.
Transportation is acquiring 1.826 acres which includes existing and additional rights-of-way for
Pine Ridge Road and Logan Blvd. Based upon the two appraisals, Transportation will be paying
$118,017. Conservation Collier will pay the balance of$711,983 for 4.95 acres. The Seller will
,-' sign two deeds at closing, one for Transportation and one for Conservation Collier.
The attached Agreement provides that should the County elect not to close this transaction for
any reason, except for default by Seller, the County will pay Seller $1,000 in liquidated damages.
The CCLAAC approved this transaction on August 8, 2005, and voted to recommend Board
approval and execution of the attached Agreement.
Pursuant to Ordinance 2003-63, Section 13(8), a Project Design Report for the property is
provided herewith.
The Agreement has been reviewed and approved by the County Attorney's Office and
Environmental Services Department.
,"""-"
FISCAL IMP ACT: The total cost of acquisition will not exceed $844,000 ($830,000 for the
property, $6,500 for the appraisals, approximately $2,500 for a Phase I Environmental Audit,
approximately $5,000 for the title commitment, title policy, and recording of documents). Funds
in the amount of $725,900 will be withdrawn from the Conservation Collier Trust Fund (172).
Funds for the Transportation portion will be withdrawn from Transportation Gas Taxes and
Transportation Road Impact Fees in the amount of $118,100 ($118,017 for the right-of-way and
$83 for recording of documents) from the Santa Barbara Boulevard (from Davis Boulevard to
just north of Pine Ridge Road), Project #62081. Source of funds for the Transportation portion
are Gas Taxes and Road Impact Fees. As of August 9, 2005, property costs for Conservation
Collier properties, including this property and those under contract, total $34,114,633.
,-'
EXECUTIVE SUMMARY
Conservation Collier - Agreement for Sale and Purchase - McIntosh Tr.
Page 2
Agenda Item No. 16A 17
September 13, 2005
Page 2 of 15
GROWTH MANAGEMENT IMP ACT: Fee simple acquisition of conservation lands is
consistent with and supports Policy 1.3.1(e) in the Conservation and Coastal Management
Element of the Collier County Growth Management Plan.
LEGAL CONSIDERATIONS: The Conservation Collier Ordinance (2002-63) provides a legal
framework for property acquisition for the Conservation Collier Program. The process for
acquiring this property falls within the legal framework of Ordinance 2002-63.
RECOMMENDATION: Staff is recommending the Board of County Commissioners:
1. Approve the attached Agreement and accept the Warranty Deeds once they have been
received and approved by the County Attorney's Office; and
2. Authorize the Chairman to execute the Agreement and any and all other County
Attorney's Office approved documents related to this purchase; and
3. Authorize the processing of related vouchers and Warrants for payment; and
4. Authorize the recording of the deeds and any and all necessary documents to obtain
clear title to the property; and
5. Approve any necessary budget amendments.
PREPARED BY: Cindy Erb, Senior Property Acquisition Specialist
Real Estate Services / Facilities Management Department
Conservation Collier Land Acquisition Program
Project Design Report
Date: August 8, 2005
Agenda Item No. 16A 17
September 13, 2005
Page 3 of 15
COnservation Collier Mcintosh Trust Location Map
lWGA~~ Dfl.
PIHERIOGE ROo
1J'TM /lV!S#I
c air;:',. Gunh}
-.'-""-- . ...........-
Legend. Mcintosh Trust
w+.
.
- Collier County Roads
OWNER
IZ.=a RossWMcll1toshiruSl&
,
820 Feel
Folio Numbers: 38391000008
38391080002
011.. u.rc-.:Pa"llt. e.'tl.r,C'Ull1fPn~..tty~'I'II..r
er._d_)': 0111 CDft '1"......111 SttvN:..
lkIC.....I'\'dI.. c.lln tOlI\ 15Q1tlMelntltlllNclltt.,Il1."l'(1II
G:lCl..,RHI.. C.llt, 1012\ IIIau.tclll1,.IIWClh'IIh'.1t1
OIin:t.".n
Pronertv Owner: Ross W. McIntosh, Trustee, PRL Northwest Trust UTD 04/01186
Folio(s): 38391000008 and 38391080002
Location: North Golden Gate Estates Unit 34, Tract 15 and part of Tract 16, located on the
northwest comer of Pine Ridge Rd. and Logan Blvd.
Size: 38391000008 - 4.68 acres -less ROW of 1.476 acres
38391080002 - 2.10 acres -less ROW of .35 acres
6.78 acres - total ROW= 1. 826 acres
-1.826 ROW
4.95 Total purchase for Conservation Collier
AnnraisallOffer Amount: $830,000
Ristorv of Proiect:
Agenda Item No. 16A 17
September 13, 2005
Page 4 of 15
Received Selected for the Approved for Purchase offer Offer Accepted
application "A" category, purchase by made to owners
#1 priority, on BCC
the Active
Acquisition List
by CCLAAC
6/30/05 2/14/05 3/22/05 7/8/05 7/20/05
Purpose ofProiect: Conservation Collier
Proeram Qualifications:
This parcels fulfills program qualifications by satisfying 4 out of 6 applicable screening criteria,
though 2 of those were satisfied only minimally (human social values and biological values).
These criteria include presence of unique and endangered plant communities, access for nature
based recreation, enhancement of the aesthetic setting of Collier County, protection of water
resource values and wetland dependent species habitat, presence of significant
biological/ecological values, listed species habitat, connectivity and restoration potential.
The property contains native habitat, specifically cypress/pine/cabbage palm forest, though it is
heavily infested with Melaleuca. Access exists from Pine Ridge Road and Logan Blvd, though
there is no curb cut or area to park a vehicle at present. This parcel will enhance the aesthetic
setting of Collier County once restored, as it is highly visible from a main road. Mapped soils
on this parcel are 100% hydric slough soils. This parcel will provide on-site attenuation of
floodwaters as it is currently doing so. Lower Tamiami aquifer recharge capacity is high at 21"
to 102" yearly. This property may provide habitat for small listed species such as amphibians or
snake species, however none were observed. A number of federally listed plant species were
observed on the property, including 4 orchid species and 2 bromeliad species, however these
species are likely to be lost after removal of exotics as they require the current light conditions to
survive and these will be altered by restoration. This parcel does not buffer, link or provide a
corridor to other conservation lands. Restoration would include removal of invasive exotic
plants and potentially, though not necessarily, replanting with native species. This property
does provide green space for a section of the County in which no other purchases have been yet
made, satisfying the Conservation Collier ordinance instruction for geographic distribution. See
the Initial Criteria Screening Report for full criteria evaluation.
Proiected Manaeement Activities:
Projected management activities will include removal of invasive exotic plants and posting signs
identifying it as Conservation Collier preserve lands. Future activities could include
development of a seasonal trial, to be determined at preparation of the final management plan,
within 2 years. Minimal maintenance activities, like trash removal and trail maintenance can be
accomplished using both contracted and Volunteer labor. The Logan Woods Santa Barbara
Civic Association has already expressed interest in volunteer activities and The Golden Gate
Estates Area Civic Association was supportive of its purchase and may be interested in providing
some volunteer assistance.
ttem Number:
Item SUmrnllry:
Meeting Date:
Agenda Item No. 16A 17
September 13. 2005
Page 5 of 15
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A17
Recomm~lldali<1O 10 appro\le an Ag'eemtlnt for Sale and Purehase with RmH; W. Mcintosh,
as Trustee. for 4.95 acres under the Conservation Collier land Acquisition Program. and
1.826 acres for Transportation Right-of-Way, at a cost not to exceed $644,000.
9/13/2005 9:00:00 AM
Senior Property Acquisition SPflciaHst
oats
8f9J2005 11:39:11 AM
Prepared By
Cindy M. Erb
Adminlstulti....e Services
Facilities Management
Real Estate' ServlcK Manager
Oat.
Approved By
Charles E. Carrington, Jr.,
SRMlA
Administrative ServtCt'l$
Facilities Managen"l8nt
8191200512:55 PM
Oat.
Apllrm'ed By
Constan~ A. Johnson Operatlonli Analyst
Community Development & Community Development &
Environnwrrtal Services En....irornnent.\ Sc!-rvices Admin.
61912005 2:30 PM
Approved By
Oat.
Sandra Lea Executive Secretary
Community o"'~eloprmJMt & Community Development &
Environmental Ser'o{ioell Environmental Services Admin.
819/20054:15 PM
Approved By
Environmental Servlce& Director
Date
William O. lorenz, Jr" P.E..
Community Development &
En\'ironmental Ser\'k:M
Environmental Services
819/2005 5~24 PM
Lisa Taylor
ManagementfBudget Analyst
Date
Approved By
Transportation Services
Transportation Administration
8/1012005 8:34 AM
Approved By
Skip Camp, C,F.M,
Adminifitrative Se-rvices
Facilities Ml'Inagernent Director
0...
Faclll1:ieli Management
8/101200512:57 PM
Senior Environrnent(ll SpeeitlUst
Date
Approvcd By
Alexandra J. Sulf!'cki
Community Dewlopment &
Environmentlll Sorviceti
Environmental Servictla
8110(20051:40 PM
Sharon Newman
Accounting Supe-rvie.or
Date
Approvcd By
Transportation Service!
Transportation Administration
8112120059;21 AM
Norm E, Feder, AICP
TramlpOl'tation Di...jt;lon Adminltltr~tor
D.te
ApprO\'cd By
lral1sportmion Ser...iceii
Tral'\5portatlon Services Admin.
8115120051:21 AM
Kevin Hendricks
Date
Approved By
Transportation S-ervices
Right Of Way ACQuis.ition Manager
Transportation Engineering and
Construction
8/16120054:29 PM
Appro\'cd By
Joseph K. Schmitt
Community DfW.elopment &
Environmental Servioes
Community Oe...elopm0nt &
Environmentlll Services Adminstrlltor
0,,.
Community Oevelopl'ncnt &
Environmental Services Admin.
8J17I2.005 7:21 AM
OMS Coordinator
AdministrativQ AS81~tant
0...
Approved By
County Manager's OMce
Office 01' Manag~ment & Budget
8/1712005 10~OB AM
Mark I~ackllon
Budget Analyst
0'"
6117/200511 :57 AM
Approved By
County Manager'. Office
Office of Managl!lment & Budget
Approved By
Suun Usher
County Manager'. Office-
Sl!Inior Managementl8ud~t AnalYfl
Oat.
Office of Management & Budget
61241200510:46 AM
Michool Smykowski
Manage.rnant & BUdget Director
Date
Approvcd By
county Manager's otftce
Office 01' Manag8mffnt & Budget
8/31/200511:43 AM
Approved By
Jame$ V. Mudd
Board of County
Commlssioner$
County Mtma~r
Oat.
County Manitger's OfOC0
8/31/20051:46 PM
CONSERVATION COLLIER
Property Identification Numbers: 38391000008 & 38391080002
Agenda Item No. 16A17
September 13, 2005
Page 6 of 15
AGREEMENT FOR SALE AND PURCHASE
THIS AGREEMENT is made and entered into by and between ROSS W.
MCINTOSH, AS TRUSTEE OF LAND TRUST DATED APRIL 1,1986 AND KNOWN
AS PAIL NORTHWEST LAND TRUST, whose address is 720 Goodlette Road North,
Suite 303, Naples, FL 34102-5656 (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 shalf 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 shalf be Eight
Hundred Thirty Thousand and No/100 Dollars ($830,000), (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 shalf 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 Seifer 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 shalf 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 Two Warranty Deeds (one for Conservation Collier, and one for
Transportation Right-of-Way purposes) in favor of Purchaser conveying
1
Jik
CONSERVATION COLLIER
Property Identification Numbers: 38391??oo08 & 38391080002
Agenda Item No, 16A17
September 13, 2005
Page 7 of 15
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 undelWriter 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 Deeds. 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 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
exceptions that make the title unmarketable, Purchaser shall deliver to the
2
~
CONSERVATION COLLIER
Property Identification Numbers: 36391000006 & 38391060002
Agenda item No, 16A 17
September 13, 2005
Page 8 of 15
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, 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,
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 Seller agrees to furnish any existing surveys of the Property in Seller's
possession to Purchaser within 10 (ten) days of the effective date of this
Agreement. Purchaser shall have the option, at its own expense, to obtain a
current survey of the Property prepared by a surveyor licensed by the State of
Florida. No adjustments to the Purchase Price shall be made based upon any
change to the total acreage referenced in Exhibit "A," unless the difference in
acreage revealed by survey exceeds 5% of the overall acreage. If the survey
provided by Seller or obtained by Purchaser, as certified by a registered
Florida surveyor, shows: (a) an encroachment onto the property; or (b) that an
improvement located on the Property projects onto lands of others, or (c) lack
of legal access to a public roadway, the Purchaser shall notify the Seller in
writing of such encroachment, projection, or lack of legal access, and Seller
shall have the option of curing said encroachment or projection, or obtaining
legal access to the Property from a public roadway, within sixty (60) days of
receipt of said written notice from Purchaser. Purchaser shall have ninety (90)
days from the effective date of this Agreement to notify Seller of any such
objections. Should Seller elect not to or be unable to remove the
encroachment, projection, or provide legal access to the property within said
sixty (60) day period, Purchaser, by providing written notice to Seller within
seven (7) days after expiration of said sixty (60) day period, may accept the
Property as it then is, waiving any objection to the encroachment, or
projection, or lack of legal access, 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
Property with the encroachment, or projection, or lack of legal access.
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
3
~
CONSERVATION COLLIER
Property Identificetion Numbers: 38391000008 & 38391080002
Agenda Item No. 16Al?
September 13, 2005
Page 9 of 15
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 VI 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 indemnify Seller
on account of any loss or damages occasioned thereby and against any claim
made against Seller as a result of Purchaser's entry. Seller shall be notified by
Purchaser no less than twenty-four (24) hours prior to said inspection of the
Property.
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. TERMINATION AND REMEDIES
8.01 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.
8.02 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 Thousand Dollars ($1,000.00) 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 11.01, (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.
8.03 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.
IX. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES
9.01 Seller and Purchaser represent and warrant the following:
9.011 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
4
~
CONSERVATION COLLIER
Property Identification Numbers: 38391000008 & 38391080002
Agenda Item No. 16A17
September 13. 2005
Page 10 of 15
required of each hereunder. Seller is not presently the subject of a pending,
threatened or contemplated bankruptcy proceeding.
9.012 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.
At Closing, certified copies of such approvals shall be delivered to Purchaser
and/or Seller, if necessary.
9.013 The warranties set forth in this paragraph shall be true on the date of
this Agreement and as of the date of Closing. Purchaser's acceptance of 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.
9.014 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.
9.015 No party or person other than Purchaser has any right or option to
acquire the Property or any portion thereof.
9.016 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.
9.017 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.
9.018 Seller has no knowledge that the Property and Seller's operations
concerning the Property are in violation of any applicable Federal, State or
local statute, law or regulation, or of any notice from any governmental body
has been served upon Seller claiming any violation of any law, ordinance,
code or regulation or requiring or calling attention to the need for any work,
repairs, construction, alterations or installation on or in connection with the
Property in order to comply with any laws, ordinances, codes or regulation with
which Seller has not complied.
5
0-<
1--"
CONSERVATION COLLIER
Property Identification Numbers: 38391000008 & 38391080002
Agenda Item No. 16A17
September 13, 2005
Page 11 of 15
9.019 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.
9.020 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.
9.021 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.
9.022 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.
9.023 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.
9.024 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.
X. NOTICES
10.01 Any notice, request, demand, instruction or other communication to be
given to either party hereunder shall be in writing, sent by registered, or certified
mail, return receipt requested, postage prepaid, or by fasimile, with written
confirmation of transmission, addressed as follows:
It to Purchaser:
Alexandra Sulecki, Coordinator
6
~
CONSERVATION COLLIER
Properly Identification Numbers: 38391??oo08 & 38391080002
Agenda Item No. 16A 17
September 13, 2005
Page 12 of 15
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
With a copy to:
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:
Ross W. Mcintosh, Trustee
720 Goodlette Road North, Suite 303
Naples, FL 34102-5656
Telephone number: 239-213-1425
Fax number: ~ ."2.~--,. t~2<:::-
10.02 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 information,
unless and until such written notice is received, the last addressee and respective
address and number stated herein shall be deemed to continue in effect for all
purposes.
XI. REAL ESTATE BROKERS
11.01 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.
XII. MISCELLANEOUS
12.01 This Agreement may be executed in any manner of counterparts which
together shall constitute the agreement of the parties.
12.02 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,
12.03 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.
12,04 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.
12.05 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
-;;b-
CONSERVATION COLLIER
Property Identification Numbers: 38391000008 & 38391080002
Agenda Item No. 16A17
September 13, 2005
Page 13 of 15
12.06 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.
12.07 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.
12.08 Seller is aware of and understands that the .offer" to purchase represented
by this Agreement is subject to acceptance and approval by the Board of County
Commissioners of Collier County, Florida.
12.09 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.)
12.10 This Agreement is governed and construed in accordance with the laws of
the State of Florida.
XIII. ENTIRE AGREEMENT
13.01 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: q\ \~) 05
I
AS TO PURCHASER:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
, Deputy Clerk
FRED W. COYLE, Chairman
8
U-t
I -
CONSERVATION COLLIER
Properly Identification Numbers: 38391000008 & 38391080002
AS TO SELLER:
DATED:~~ 2 2c~
WITNESSES:
,
; CI~
s~
/fn4ef c fl. 0'erc...
~~
gnature)
~ff ~~\~
(Printed Name)
Approved as to form and
legal sufficiency:
fILe) CLdAvrLA
....Ellen T. Chadwell
Assistant County Attorney
Agenda Item No. 16A17
September 13, 2005
Page 14 of 15
-
BY: t 7Z~~
ROSS W. MCINTOSH, as rustee
of Land Trust dated April 1, 1986,
and known as PRlL NORTHWEST
LAND TRUST
9
A
Agenda Item No. 16A17
September 13, 2005
Page 15 of 15
EXHIBIT "A"
PROPERTY IDENTIFICATION NUMBER: 38391000008 & 38391080002
LEGAL DESCRIPTION:
All of Tract 15, Golden Gate Estates, Unit No. 34, in accordance with and
subject to the plat recorded in Plat Book 7, Page 23, Public Records of
Collier County, Florida.
And
South 150 feet of Tract 16, Unit 34, Golden Gate Estates, according to
plat thereof recorded in Plat Book 7, Page 23, of the Public Records of
Collier County, Florida.
Conservation Collier - Mcintosh Trust
'tt
Agenda Item No. 16A 18
September 13, 2005
Page 1 of 3
EXECUTIVE SUMMARY
Recommendation to approve final acceptance of water and sewer utility facilities
for Clermont at Pelican Marsh, Phase Two
OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of
the Collier County Water-Sewer District, to accept the conveyance of the water and
sewer facilities.
CONSIDERATIONS:
1) The Developer of Clermont at Pelican Marsh, Phase Two has constructed the water
and sewer facilities within dedicated easements to serve this development. See
attached location map.
2) Preliminary acceptance was approved by the Community Development and
Environmental Services staff on July 28, 1998. Final acceptance is in accordance
with Ordinance 2004-31 as amended.
3) Staff has recorded all appropriate legal documentation which has been reviewed by
the County Attorney's office for legal sufficiency.
J",.-......
4) The water and sewer facilities have been operated and maintained by the Collier
County Water-Sewer District during the one (1) year warranty period.
5) A final inspection to examine for any defects in materials and workmanship was
conducted by the Community Development and Environmental Services Division
staff and found to be satisfactory.
6) The Utilities Performance Security (UPS), in the form of a Cash Bond in the amount
of $5,621.94, will be released to the Project Engineer or the Developer's designated
agent upon the Board's approval.
FISCAL IMPACT: The cost of operating and maintaining the water/sewer facilities will be
paid by monthly user fees in County Water/Sewer Fund (408).
GROWTH MANAGEMENT IMPACT: This project has been connected to the County
Regional Water Treatment Plant and North/South Regional Wastewater Treatment Plant.
Capacity presently exists to serve this project.
LEGAL CONSIDERATIONS: Legal documents were reviewed and approved by
Assistant County Attorney, Thomas Palmer.
STAFF RECOMMENDATION: That the Board of County Commissioners, Ex-Officio the
Governing Board of the Collier County Water-Sewer District, accept the water and sewer
- facilities for Clermont at Pelican Marsh, Phase Two, and release the UPS to the Project
Engineer or the Developer's designated agent.
PREPARED BY: Tonia Leavitt, Engineering Technician, Engineering Services
ttem Number:
_ Summory:
MootinG Dale:
Agenda Item No. 16A18
September 13, 2005
Page 2 ot3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
161118
Rec:ommendl!lltlon to Ipprove final Icx:eptance of water and .ewer utility facllitln rur Clermont
It Peticf'm Mar..l'1. Phn>>e Two,
9113/20059:00:00 AM
0...
Approved By
Thorna.. E. Kuck, P.E,
Community Oevetopmem &
EnvlronmllnUlf Sorvic",
CDES EnGlno8ring Sorvlc.a Djructor
coes Englnoerlng SorvllUtl
BIll/lOOS 3'S3 PM
Approved By
Pamela Libby
Public: UtlIIt...
W..ter OperltlQn. Manager
Wlter
0...
818/2005 1 :20 PM
Paul MatuUllch
Wa1er Oir1tQtor
0...
8/10120015 10~29 AM
Approved By
Public UtIlities
W....r
Approved By
S.,dral.. EleCU1i~e S.cr.ary
Communtty Development: & Community Octvelopment &
Environmental Sorvlc.. E'wltonmentalServieu Admin.
0...
8111/2006 9:29 AM
Approved By
Dot.
StQphen L NMgy
Public Utlllt.,..
Wutewater Colleotlon$ Manlg.r
WasteW.tlltt
&J1212001!'i 6;57 AM
001e
A,Jpro"ed By
Constonce A. Johnaon Operat1ont Analyst
CommurU1y Dev"lopment& Communit)l OeWlfopl1lllnt&
Environmental Servlcos EnvlronrtlfJontal8of\ricu Admin,
8/12/2005 9:G1 AM
Approvcd By
Public UtUltiD' EngineerIng Oil'eCltor
0...
8/161200611:21 AM
RoyS, Andctl'flon. P.E.
PubliCI Utllltlea
P\.IblJe Utlllti.. Engin..rlnG
0...
Approved By
JOIoph K. Schmitt
Community DoveIopment &
Envlronment81 SMvIQeSll
Community [)evelopnwm &
EnvlronmttntaJ Servlcea Admin,trator
Communky O.'Jelopment a.
Environmental Service. Admin,
8/1712005 7;28 AM
AdmlnlatrlllUve As.l.tam
0...
8117/2001S 10:09 AM
Approved By
OMS Coordl~f)r
County Manager'. OffioQ
OffIclt 01 M.IU1~emont & BudQOt
0...
Approved By
Mark laack.on
County Manager'. Office
Budget Aruuyst
Office of Manllgement & Budget
8117/2005 12:1Z PM
Dot.
Approved By
Mlch.1 Smykowakl
County Mllnager'a ot'I'lce
Managemat"ll & Budgdt DlrltCtor
omce of MlIlnGlg"me-nt & Budget
611812000 8:11 AM
Dot.
Approved By
Leo E. Oeh., Jr.
Board 01' County
Commlaalonere:
Oeputy County Manager
County Manager', Office
812212005 5:~1 PM
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ENGINEERING SERVICES DEPARTMENT
To:
Collier County Board of Commissioners
From:
Tonia Leavitt, Engineering Technician
Date:
September 8, 2005
Subject: Clermont at Pelican Marsh, Phase 2 Executive Summary
Enclosed is a replacement for the backup regarding Clermont at Pelican Marsh, Phase
Two,ltem16A18.
CC: Jim Mudd, County Manager
Engineering Reading File
Phone: 659-5758
Fax: 530-6201
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Agenda Item No. 16A 19
September 13, 2005
Page 1 of 3
EXECUTIVE SUMMARY
Recommendation to approve final acceptance of water and sewer utility facilities
for Clermont at Pelican Marsh
OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of
the Collier County Water-Sewer District, to accept the conveyance of the water and
sewer facilities.
CONSIDERATIONS:
1) The Developer of Clermont at Pelican Marsh has constructed the water and sewer
facilities within dedicated easements to serve this development. See attached
location map.
2) Preliminary acceptance was approved by the Community Development and
Environmental Services staff on April 2, 1996. Final acceptance is in accordance
with Ordinance 2004-31 as amended.
3) Staff has recorded all appropriate legal documentation which has been reviewed by
the County Attorney's office for legal sufficiency.
4) The water and sewer facilities have been operated and maintained by the Collier
County Water-Sewer District during the one (1) year warranty period.
5) A final inspection to examine for any defects in materials and workmanship was
conducted by the Community Development and Environmental Services Division
staff and found to be satisfactory.
6) The Utilities Performance Security (UPS), in the form of an Irrevocable Standby
Letter of Credit No. 50061167 in the amount of $4,266.50, will be released to the
Project Engineer or the Developer's designated agent upon the Board's approval.
FISCAL IMPACT: The cost of operating and maintaining the water/sewer facilities will be
paid by monthly user fees in County Water/Sewer Fund (408).
GROWTH MANAGEMENT IMPACT: This project has been connected to the County
Regional Water Treatment Plant and North/South Regional Wastewater Treatment Plant.
Capacity presently exists to serve this project.
LEGAL CONSIDERATIONS: Legal documents were reviewed and approved by
Assistant County Attorney, Thomas Palmer.
STAFF RECOMMENDATION: That the Board of County Commissioners, Ex-Officio the
Goveming Board of the Collier County Water-Sewer District, accept the water and sewer
facilities for Clermont at Pelican Marsh, and release the UPS to the Project Engineer or
the Developer's designated agent.
PREPARED BY: Tonia Leavitt, Engineering Technician, Engineering Services
Item Numb.r:
..... .u"'"'"'Y:
MHllng 0*:
Agenda Item No. 16.0.19
September 13, 2005
Page 2 of 3
COLLIER COUNTY
BOARD or COUNTY COMMISSIONERS
16.0.19
Re<lommendlltlon to approv. finsl loceplanclt of iNltlter find I.ewer utility facllhletl for Clermunt
at PelicM Mlrlh,
9/13120059:00:00 AM
Dole
Approved By
Thomu E, KLICk, P ,E.
Community Development &
t,wirormlltntlll Servic..
COES EnglrtMrlng Servlc.. Director
COES Englneerlnu $ervlcH
8191200l18:22 AM
Dole
Approved By
PQ"*a Libby
Public utllltiH
Wat..r Operl'llon, M.Nlgef
Water
8IQ1200!i 1 ;21 PM
PDU! MDl:t.u.oh
Water Director
0...
8110/200S 10:26 AM
Approved By
Public Utllitie,
WIt.r
Approved By
Sandra LGlI h.wuti\ltl hafMlry
Community OCltVfllopmGlnt a. Community Dov~opment 5.
Environmental $ervleet Environmental &ervlt..Admln.
Dale
81111200! 9:32 AM
Approved By
Stephen L. Nagy
Public Utllltiet,
Wa~ater CollectJon* M.n.ager
WasteWlter
0...
81121200& 6:57 AM
Approved By
Date
Conatarwe A, John.on Operation. Analy.t
Community Dewlopment & Community O.....lopm.nt &
Environmental SlIrviceI ErrYlronmont.t Sorvle.. Admin.
B/1VZOO6 9:09 AM
Roy 8, Andel1lion. P.E.
Public UtIllU., E.ngl.....ring Olre<:tor
0'"
8/16/200611;22 AM
Appro\'ed By
Public Utllltlrn
Public Utillt... Engineering
Approved By
JOllIe-ph K, Sehmitt
Community Development &
EnvirontfMntal Service.
Community D....lopment &
EnvironrMnltll Sorvleo. AdminltrDtor
Community Oevelopment &
EnYlron~nt..1 Service. Adm.n,
Dote
8/17120057:29 AM
D...
Approved By
OMB Coordinator
County Manager" orrico
Admlni.tratlvlll Anl.tant
Offtca of Man..goment & BUdget
I/17J2005 10:OW AM
0...
Approved By
Mark ISGcksOl"\
County Manager's Ofnu
Budgftt Analym
Office of M.na~ment & Budget
8/17/%005 12:19 PM
Appn>Ved By
Mlch_1 Smykowski
County Manager'. Office
MllfUtgGment & BUdgat Dlrllctor
Office of M..,.gelTNtnt & Budget
0...
1118120015 8:261 AM
0...
Approved By
leo E. OchlJl, Jr.
Board of County
CommQlslonerlll
Deputy County Manager
COUnty Mtnage:r" Office
8/18120053:05 PM
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Agenda Item No. 16A20
September 13, 2005
Page 1 of 3
EXECUTIVE SUMMARY
Recommendation to approve final acceptance of water and sewer utility facilities
for Fiddler's Creek, Phase 2-A, Unit 2
OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of
the Collier County Water-Sewer District, to accept the conveyance of the water and
sewer facilities.
CONSIDERATIONS:
1) The Developer of Fiddler's Creek, Phase 2-A, Unit 2 has constructed the water and
sewer facilities within dedicated easements to serve this development. See attached
location map.
2) Preliminary acceptance was approved by the Community Development and
Environmental Services staff on November 20, 2001. Final acceptance is in
accordance with Ordinance 2004-31 as amended. '
3) Staff has recorded all appropriate legal documentation which has been reviewed by
the County Attomey's office for legal sufficiency.
,.,,,-,,
4) The water and sewer facilities have been operated and maintained by the Collier
County Water-Sewer District during the one (1) year warranty period.
5) A final inspection to examine for any defects in materials and workmanship was
conducted by the Community Development and Environmental Services Division
staff and found to be satisfactory.
6) The Utilities Performance Security (UPS), submitted with the Subdivision bond may
be reduced by 1 0% for the utility-related items that have been satisfactorily
completed.
FISCAL IMPACT: The cost of operating and maintaining the water/sewer facilities will be
paid by monthly user fees in County Water/Sewer Fund (408).
GROWTH MANAGEMENT IMPACT: This project has been connected to the County
Regional Water Treatment Plant and North/South Regional Wastewater Treatment Plant.
Capacity presently exists to serve this project.
LEGAL CONSIDERATIONS: Legal documents were reviewed and approved by
-Assistant County Attorney, Thomas Palmer.
STAFF RECOMMENDATION: That the Board of County Commissioners, Ex-Officio the
Governing Board of the Collier County Water-Sewer District, accept the water and sewer
,- facilities for Fiddler's Creek, Phase 2-A, Unit 2, and release the UPS to the Project
Engineer or the Developer's designated agent.
PREPARED BY: Tonia Leavitt, Engineering Technician, Engineering Services
hem Numbw:
110m Iummory:
MMtlng Da.:
Agenda Item No. 16A20
September 13, 2005
Page 2 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMtSSIONERS
,wo
Rec:nmmendation to Ilpprove flnat .cc:eptlnoe or wllter .nd ,swer u1i1ity facillttes for Fldd.rs
Creek, Phlle Z.A. Unit 2,
9113/2Q05 9:00;QO AM
CDes Englnoerlng S.,....iQe. Dir.ctor
0...
Approved 8y
Thorn.. E. KUQ", P.!.
Community Development &
t:nvtronment.ll Sorviool
coes Englnl!l6rlng Servlcot
81912005 8:23 AM
W.ter Operatlonlll Manlgor
0'"
81if2006 3:36 PM
Approved By
PamcDltl Libby
Public Utllttlet
W.htr
Paul Mattausch
Wmr Director
0..
8'101200510:25 AM
Approved By
Public Utllitin
Water
Approved 8y
0...
Sandra La Executive Secretary
Community OllVOlopment & Communtty lnvllloprnent &
Environmental SetvICfl Env1ronment.af eervlce8 Admin,
3/11120059:35 AM
Approved By
Stephan L. Nagy
0'"
Public Utllltkle
Wa81'ewM.r Collectlona Managar
W..teWatlu
1112120056:57 AM
Date
Approved By
Constance A, Johnson OperMiDt'IS AnalYlt
Community Development & Cmnmunlty Developn'lfJl1t &
Environmental Servieo. Envlronma-11UI1 Borvlow. Admin.
&t1V200& 11;11 AM
AplJroved By
Roy e, Andel"'lon. P.E.
Public Utilltlilll
Public Utmtlel Engineering Diraotor
Public Uti flU.. EngineerinG
Date
8118(200611:22 AM
Approved By
Date
Joseph K. Sc.hmitt
Community Development &
Envlronmemal Servl~.
Community Oe".lcpment &
Envlronm.,tal Service. AdmlnBtrator
Community Development..
Environmental Servjc.. Admin.
8117120067:31 AM
Adm~nhltratfv" Anl.tant
Date
8f17f200610:10 AM
Approved By
OMS Coordinator
County ManAger'. Offioe
Offlce of Manlgement & Budget
Budget Analywt
Date
Approved By
Mark luck.on
County Mln.9"'" Omca
omce of Mln~g..m.nt a. B~ld,,&t
8111/2005 12:22 PM
Date
AplJroved By
Michael Smykowlkl
County Manager'. omc.
M.Ill14gement & Budgert Dir.ctor
omoe 01 M4n~gltm.nt & Budget
8118120068:20 AM
Date
AplJrOved By
Leo E. Ooh., Jr.
Bo.ard of County
Commissioners
D.puty County Manager
County Manage,', Office
8/18120053:07 PM
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Agenda Item No. 16A21
September 13, 2005
Page 1 of 3
EXECUTIVE SUMMARY
Recommendation to approve final acceptance of water and sewer utility facilities
for Fiddler's Creek at Deer Crossing
OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of
the Collier County Water-Sewer District, to accept the conveyance of the water and
sewer facilities.
CONSIDERATIONS:
1) The Developer of Fiddler's Creek at Deer Crossing has constructed the water and
sewer facilities within dedicated easements to serve this development. See attached
location map.
2) Preliminary acceptance was approved by the Community Development and
Environmental Services staff on July 19, 1999. Final acceptance is in accordance
with Ordinance 2004-31 as amended.
3) Staff has recorded all appropriate legal documentation which has been reviewed by
the County Attorney's office for legal sufficiency.
-
4) The water and sewer facilities have been operated and maintained by the Collier
County Water-Sewer District during the one (1) year warranty period.
5) A final inspection to examine for any defects in materials and workmanship was
conducted by the Community Development and Environmental Services Division
staff and found to be satisfactory.
6) The Utilities Performance Security (UPS), in the form of Performance Bond No.
35000034 or Cash Bond in the amount of $12,463.00, will be released to the Project
Engineer or the Developer's designated agent upon the Board's approval.
FISCAL IMPACT: The cost of operating and maintaining the water/sewer facilities will be
paid by monthly user fees in County Water/Sewer Fund (408).
GROWTH MANAGEMENT IMPACT: This project has been connected to the County
Regional Water Treatment Plant and North/South Regional Wastewater Treatment Plant.
Capacity presently exists to serve this project.
LEGAL CONSIDERATIONS: Legal documents were reviewed and approved by
Assistant County Attorney, Thomas Palmer.
STAFF RECOMMENDATION: That the Board of County Commissioners, Ex-Officio the
Governing Board of the Collier County Water-Sewer District, accept the water and sewer
- facilities for Fiddler's Creek at Deer Crossing and release the UPS to the Project
Engineer or the Developer's designated agent.
PREPARED BY: Tonia Leavitt, Engineering Technician, Engineering Services
Item Number:
110m '.""""ry:
Meeting D..:
Agonda Itom No. 16A21
September 13, 2005
Page 2 013
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A21
RtulOmmendtUion to ft~prove final .cceptanoe of water and &ewet utility facUitlea for F~ddlefll
Crttlk 81 eeer Cro..&ill\J,
./1312005 .:00:00 AM
0'"
Appr...d By
ThonUI8 E. Kuak, P.!.
Community Development &
EnvlronlN'ntal StrvlCH
CDE$ Engl......ring S.,,,lc.. Director
COES Engi"eoflnQ krlflCfl
81&1200l5 8:23 AM
Approved By
Water Opcl1ratlont MllUlegor
Oil.
P.rmI. LIbby
Public UtIlltIH
W"'r
BIIll2008 3:36 PM
WaterClrector
0...
8110/200510:23 AM
Appro".d By
Paul Matt.uac:h
Public UUlItI"
W..r
Dato
Approved By
Sandra Loo heculiv. Se<:ret.ry
CommUf1lty Development & Community Oo-'lIClopmont &
Envlronment.1 Servlen Envlron.,..nt,J Servlows Admin,
8/11/20059:37 AM
Approved By
Stephen L Nagy
Wa8towater Collection" Manaoer
Oil.
Public Utlllti..
WatteW_.r
8/12120068:58 AM
0'"
Approved By
Con.ataflO('! A. Johnson Opeurtlonl Analyllt
Community Oev61opment & Community Oe......lopn"'"t &
Environmental Scrvlc" El1l,'lronnvmtal Services Admin.
8112120059:14 AM
AllprO'Yed By
Roy B. Anderlon. p,e,
Public Utilltlel
0'"
Public Utllltl". En;lllCHtring Director
Publlo Utllltl.. En9illMflng
1!16!200! 11:25AM
Apl)rOvcd By
0...
Jonph K. Schmitt
Communtty Dew-Iopment &
Envlronmerrtal Servloet
Community D8vltlopment &
Envffonmcmtal Service. Adminstrbtor
Community O...,.lopment &
EnvlrDnmental S\n'vloe. Admin.
6117120057:32 AM
0...
Approved By
OMS Coordinator
County Manager" OffIoGt
Adminlst:ratlveA..I.t..nt
OffIce or Management & Budget
8/171200510:10 AM
MArk ISACkson
Hud91't AnIIlyct
0...
Approved By
County Manager" Office
Otrlee of MIIRlo-ment & Budget
8/171200812:28 PM
AplJroved By
M~chllel Smykowaki
County MlM'lAQer'. Office
MlIln8:gement &. BudOtt Dlrtctor
0...
8118/20088:30 AM
Offlee or Managernent & Budget
Oeputy County Manager
0...
AlllJrond By
Leo E. Och.. Jr.
Board or County
Comml..lone1"l
County Ma",*ger's Office
8118/2008 3:" PM
X33!C S,~TJ(]OI,
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Agenda Item No. 16A22
September 13, 2005
Page 1 of 3
EXECUTIVE SUMMARY
Recommendation to approve final acceptance of water and sewer utility facilities
for Isla Del Sol at Fiddler's Creek
OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of
the Collier County Water-Sewer District, to accept the conveyance of the water and
sewer facilities.
CONSIDERATIONS:
1) The Developer of Isla Del Sol at Fiddler's Creek has constructed the water and
sewer facilities within dedicated easements to serve this development. See attached
location map.
2) Preliminary acceptance was approved by the Community Development and
Environmental Services staff on April 20, 2001. Final acceptance is in accordance
with Ordinance 2004-31 as amended.
3) Staff has recorded all appropriate legal documentation which has been reviewed by
the County Attorney's office for legal sufficiency.
,_.
4) The water and sewer facilities have been operated and maintained by the Collier
County Water-Sewer District during the one (1) year warranty period.
5) A final inspection to examine for any defects in materials and workmanship was
conducted by the Community Development and Environmental Services Division
staff and found to be satisfactory.
6) The Utilities Performance Security (UPS), submitted with the Subdivision bond may
be reduced by 1 0% for the utility-related items that have been satisfactorily
completed.
FISCAL IMPACT: The cost of operating and maintaining the water/sewer facilities will be
paid by monthly user fees in County Water/Sewer Fund (408).
GROWTH MANAGEMENT IMPACT: This project has been connected to the County
Regional Water Treatment Plant and North/South Regional Wastewater Treatment Plant.
Capacity presently exists to serve this project.
LEGAL CONSIDERATIONS: Legal documents were reviewed and approved by
Assistant County Attorney, Thomas Palmer.
STAFF RECOMMENDATION: That the Board of County Commissioners, Ex-Officio the
Governing Board of the Collier County Water-Sewer District, accept the water and sewer
_ facilities for Isla Del Sol at Fiddler's Creek, and release the UPS to the Project Engineer
or the Developer's designated agent.
PREPARED BY: Tonia Leavitt, Engineering Technician, Engineering Services
It.m Number:
Item _ry:
_8 Dote:
Agenda Item No. 1M22
September 13, 2005
Paoe 2 ot 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A22
Rltc:ommend.tion to epprove 1inalaocetptanclt of 'MIter .nd ,swer utility fllCllitlH for lala Del
Sol It Fiddle", Creek,
9113120059:00:00 AM
CDES EnginMrlng ServlClel Olractot
0...
Approved By
Toomo E. KUQk, P,e.,
Community Ollvolopment &
EnvironlTWnt81 Ser....lclll.
coea Eng~""rlng 8ervlcOl
af9/2005 8:24 AM
WatlDr Operatlontl Mamlger
0...
Approved By
Pamela Libby
Public Utllltletl
w.....
819/2000 3:37 PM
P..ul Matt.wch
W.terOlrCKltor
0...
Approved Bf
Public UtIlftl.,
WIIt.r
8110/200610:22 AM
Approved By
0...
Sandrtl Leo ex.tUllve Secretary
Community Ocwalopme/'tt & Community Oewlopn'l(l!nt &
Environmental Sel'Vlee. Envlronmtntal $ervln..Admln,
8111{2oo5 9;.3 AM
Approved By
Stephen L. Nagy
Public Utilities
Wlll..tllWat~r Collections Manager
0...
Wa8teWater
8/1212005 6:59 AM
Approved Bf
0...
Conahmce A, Johnson Operatlo"1 Analyst
Community Olll.....lopment & Communl1:y Development &
Environmental SorvlcQI EnvlronnHtnt., Sorvlct!. Admin.
8/1512005 1:19 p~
Approved By
Roy B. Ander.on, P.E.
Public Utllrtl.1
Public UtllltllDf. Englnc:tOring Director
Public Utlliti.. En;inMflno
0...
e'16f200S 12:26 PM
0...
Approved By
JClsltph K. Sehmltt
Community Dewlopment &
Environmental a8t'viae.
Communhy DeveloprTHInt &
Environmlln'l..1 krvlo.. Adminatrator
CDmmunlty Development &
Environmental Sorvlce. Admin.
8'1712005 7:33 AM
Adminlltratlve Assl.tam.
D.tIe
8'11(200610:11 AM
Approved By
OMS CDordlnator
County Manager's Offi~
OffIce- of Management & Budg.
Mark I.ackson
0...
AplJrOved By
County Ma"a~r'. Offl~
Budget Analys1
001c:. of MGn:tgemctnt & Budget
8117 t2005 12 :3& PM
M1e~ 5mykowakl
Approved By
County MDnngllr'. Offlc.
Management & Budget Olr.Clof
Orflce Df Management & BUdget
0...
8'1812000 8:26 AM
Appro.cd Bf
Leo E. Dahl. Jr,
Board of County
Commlnlone'"
Deputy County Manager
0...
County Manager'. Office
8116120053:03 PM
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Agenda Item'No. 16A23
September 13, 2005
Page 1 of 3
EXECUTIVE SUMMARY
Recommendation to approve final acceptance of water and sewer utility facilities
for Fiddler's Creek at Mallards Landing
OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of
the Collier County Water-Sewer District, to accept the conveyance of the water and
sewer facilities.
CONSIDERATIONS:
1) The Developer of Fiddler's Creek at Mallards Landing has constructed the water and
sewer facilities within dedicated easements to serve this development. See attached
location map.
2) Preliminary acceptance was approved by the Community Development and
Environmental Services staff on August 30, 2000. Final acceptance is in accordance
with Ordinance 2004-31 as amended.
3) Staff has recorded all appropriate legal documentation which has been reviewed by
the County Attorney's office for legal sufficiency.
4) The water and sewer facilities have been operated and maintained by the Collier
County Water-Sewer District during the one (1) year warranty period.
_.
5) A final inspection to examine for any defects in materials and workmanship was
conducted by the Community Development and Environmental Services Division
staff and found to be satisfactory.
6) The Utilities Performance Security (UPS), submitted with the Subdivision bond may
be reduced by 10% for the utility-related items that have been satisfactorily
completed.
FISCAL IMPACT: The cost of operating and maintaining the water/sewer facilities will be
paid by monthly user fees in County Water/Sewer Fund (408).
GROWTH MANAGEMENT IMPACT: This project has been connected to the County
Regional Water Treatment Plant and North/South Regional Wastewater Treatment Plant.
Capacity presently exists to serve this project.
LEGAL CONSIDERATIONS: Legal documents were reviewed and approved by
Assistant County Attorney, Thomas Palmer.
STAFF RECOMMENDATION: That the Board of County Commissioners, Ex-Officio the
Governing Board of the Collier County Water-Sewer District, accept the water and sewer
- facilities for Fiddler's Creek at Mallards Landing, and release the UPS to the Project
Engineer or the Developer's designated agent.
PREPARED BY: Tonia Leavitt, Engineering Technician, Engineering Services
twm Number:
!tom 8ummary:
_log Dote:
Agenda Item No. 16A23
September 13, 2005
Page 2 01 3
COLLIER COUNTY
BDARD OF COUNTY COMMl8SIONERS
16A23
Rec:ommendfltlon to approve fin_I loottptance of water end 1ftWel' untity 1.oilltle61or Flddlelll
Creek at Mailarets Landing:.
.,13/2005.:00:00 AM
CD!$ EngllllH'ring Sorvlc.. OI,..lJ.tOf
Data
Approved Bf
ThOmas E. Kul>>c, P.E,
Community Dcwolopment..
Environmmtel S.rvlo..
COES Engineering Sefvlce-.
81'912006 8;24 AM
Water OperlUons Man."...
Data
Approvcd By
Pamela Libby
Publlo Utllltift
w...,
819/2006 3:37 PM
PlIIul Matt.uaeh
W.ater Director
Date
4/101200510;%1 AM
Approved By
Public UttlttfH
Wate,
Date
Approved Bf
S.ndra Lei e...eutive Secretary
Community Development" community O.....lopment &
Envlronment.1 Set'Vlees E.nvlronnwntal $ervlowa Admin.
1/11/2005 9:4& AM
Approved By
Stephen L. Nagy
WalJ'tO'WlIler Collection' Man.r
o.t.
Public Utllltl..
WasteWater
81121200! &:58 AM
DIM
Appro....d By
Con,t.nee A, JohnlJOn Operllth:",,, An.ly.
Community' Development & Community DeveIOflll'lent..
Environmental Services E.rwlronme-ntal Service. Admin.
811212006.:24 AM
Apprond By
RDY B. Anderlon. P.E.
Public Utllltl..
Publ~c Utilltle. EnglnMrlng OII'Qctor
Public: UtUtlles Engineering
Dote
8/10faooS 12:26 PM
Jo..ph K. Schmrct
DaIo
Apllrond By
Community DeveloprT'lllnt &.
EnVlronlTllfntal &ervlce'
Conlmunlty O.....lapm.nt &
Environmental Servlee. Admln.utltor
Community OrHlopmem &
EnvIronmental Service. Adl'nln.
811712005 7~2" AM
Admlnletr.t1ve A...I.tanl
Data
8'17/2OO51Q:11 AM
Appro\'ed By
OMB Coordlmator
County M.n'9Ilr'. Office
Office or Managornem & Budget
Mark I...c~'on
Budgm Analylt
Dole
Appr...d By
County Manager'. O""ce
O"lce 01 MlInlIgement & Budgltl
&I17/Z005 12:04 PM
AI)proved By
Michael Smykaw.kf
County Manllgtlf" Office
Management & Budgtlt Director
OHlc.ot MlInagement & Budget
Dote
8118120068:23 AM
Deputy County Manager
Data
Approved By
Leo E. Och., Jr.
Board or County"
ComminlaMtl
County Manlllge,r" Office
812212005 6:02 PM
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Agenda Item No. 16A24
September 13, 2005
Page 1 of 4
EXECUTIVE SUMMARY
Recommendation to approve for recording the final plat of "Valencia Lakes Phase 6.A",
approval of the standard form Construction and Maintenance Agreement and approval of
the amount of the performance security
OBJECTIVE:
To approve for recording the final plat of "Valencia Lakes Phase 6-A", a subdivision of lands
located in Section 22, Township 48 South, Range 27 East, Collier County, Florida, following the
alternative procedure for approval of subdivision plats pursuant to Resolution 99-199.
CONSIDERATIONS:
Engineering Review Section has completed the review of the construction drawings,
specifications, and final plat of "Valencia Lakes Phase 6-A". These documents are in
compliance with the County Land Development Code and Florida State Statute No. 177. All
fees have been paid. Security in the amount of 10% of the total cost of the required
improvements, and 100% of the cost of any remaining improvements, together with a
Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and
accepted by the Engineering Services Director and the County Attorney's office prior to the
recording of the final plat. This would be in conformance with the County Land Development
Code -- Section 10.02.04.
Engineering Services Department recommends that the final plat of "Valencia Lakes Phase 6-
A" be approved for recording.
FISCAL IMPACT:
The project cost is $413,961.33 (estimated) to be borne by the
developer.
The cost breakdown is as follows:
a)
b)
Water & Sewer
Drainage,
Paving, Grading
- $164,472.00
- $249,489.33
The Security amount, equal to 110% of the
project cost, is $455,357.46
The County will realize revenues as follows:
, ,..-...
Fund: Community Development Fund 131
Agency: County Manager
Cost Center: 138327 -- Engineering Project Review
Revenue generated by this project:
Total: $8,574.68
Agenda Item No. 16A24
September 13, 2005
Fees are based on a construction estimate of $249,489.33 (does not inch.RI8e 2 of 4
Orangetree Utilities) and were paid in February, 2004.
The breakdown is as follows:
a) Plat Review Fee ($1,000.00 + $5.1ac) -$1,090.00
b) Construction Drawing Review Fee
Water &
Sewer (.75% const. est.) - N/A
c) Drainage,
Paving, Grading (.75% const. est.) - $1,871.17
d) Construction Inspection Fee
Water &
Sewer (2.25% const. est.) - N/A
e) Drainage, Paving,
Grading(2.25%const.est.) - $5,613.51
GROWTH MANAGEMENT IMPACT:
The developer must receive a Certificate of Adequate Public Facilities prior to the issuance of
the construction plan final approval letter.
ENVIRONMENTAL ISSUES:
There are no outstanding environmental issues.
HISTORICAUARCHAEOLOGICAL IMPACT:
There are no historical or archaeological impacts. If during the course of site clearing,
excavation or other construction activity, a historic or archaeological artifact is found, all
development within the minimum area necessary to protect the discovery shall be
immediately stopped and the Collier County Code Enforcement Department contacted.
LEGAL CONSIDERATIONS:
The County Attorney's Office has reviewed and approved the plat and associated legal
documents.
RECOMMENDATION:
That the Board of County Commissioners approve the final plat of "Valencia Lakes Phase 6-
A" for recording with the following stipulations:
1. Approve the amount of $455,357.46 as performance security for the required improvements;
or such lesser amount based on work completed, and as is approved by the Engineering
Services Department.
2. Approve the standard form Construction and Maintenance Agreement, and
a. That no Certificates of Occupancy be granted until the required improvements have
received preliminary acceptance.
b. That the plat not be recorded until suitable security and an- appropriate Construction
and Maintenance Agreement is approved and accepted by the Engineering Services
Department Director and the County Attorney's office.
_.
c. The required off site. easements shall be recorded prior to plat recordation.
.-
PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department
hem Number:
110m ._ry:
_os 0...:
Agonda 110m No. 16A24
September 13, 2005
rago 3014
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A24
Recommendation 10 apPfI)Ytt for recording the final pll1 of VllIlenl".itll..ltkn Ph.,. 6-A.
approval of the It.ndlllrd form COntlruction l!Ind M,inlenance Agreement Illd Ipproval of the
.mount of the perfonnf\nce security,
9/13/20059:00:00 AM
$."Ior Engineer
0...
Prep.red By
John Hould.worth
Community Development"
Environmental hrvle..
Engll'lHnng Servie..
8/11f200ti 6:159:33 AM
App....'" By
0...
Con.tII~ A. John.on Operotlana An.lyat
Community OeWl'lopment & Community Dev.lopment a.
Environmental &lrvtes. Environment.1 $erylClH Admin.
8117120058:07 AM
Approved By
0...
Sandra Lu Eucut1ve Secretary
Communtty Oe....lopment & Community Oe....lopment &
Envlronmentol BorvlcclI Envlronrnen1nl Servi(l". Admin.
811712005 9:CW AM
Appro.ed By
CDES Eng!....."'n" ServIC.. Director
0..
Thomaa E, Kuck, P.E.
Community Devolopmc!'nl &
Environmental ServiclK
CDES Englne.rlng SelVIG"
8117/200510:01 AM
Approved By
0'"
Joseph K. Schmitt
CommunttyO......opment&
Environmental Servicos
COnvnLlnlty Oevoiopnwtnt,&
EnvlronmentalS.Nicel Admln8tretor
Community O.valQpment &
Environmental SorylaC/tl Admin.
&/1812006 &:<41 PM
OMS Coordinator
Admlnlstrlrtlw Aa.t.tant
0'"
&/19/2QOS 10:13 AM
Approved By
County Manager's omce
OfffeCII af Managemrmt & Budget
Mark l.aok.on
Bl.ldget Analy~
0...
Approved By
COl.lnly Mlln.ager'. Oft'lee
Orrlce of MG.,agement & BUdget
6122120051:11 PM
Michael Smykow.kl
0...
Approved By
County ManaQ4hr'. Office
MarLllge:ment & Bud98t Director
Offioe of Man"'9f'lllOnt & Budget
812212005 3:37 PM
Appro.ed By
Leo E, Ooha, Jr.
Bo.rd of County
Commtsalan_'"
Deputy County Man.our
Dele
CO\.I"t)' Manager'. Offioc
&12V2DOe 6:01 PM
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Agenda Item No. 16A25
September 13, 2005
Page 1 of 4
EXECUTIVE SUMMARY
Recommendation to approve for recording the final plat of "Valencia Lakes Phase 7-B",
approval of the standard form Construction and Maintenance Agreement and approval of
the amount of the performance security
OBJECTIVE:
To approve for recording the final plat of "Valencia Lakes Phase 7-B", a subdivision of lands
located in Section 22, Township 48 South, Range 27 East, Collier County, Florida, following the
alternative procedure for approval of subdivision plats pursuant to Resolution 99-199.
CONSIDERATIONS:
Engineering Review Section has completed the review of the construction drawings,
specifications, and final plat of "Valencia Lakes Phase 7-B". These documents are in
compliance with the County Land Development Code and Florida State Statute No. 177. All
fees have been paid. Security in the amount of 10% of the total cost of the required
improvements, and 100% of the cost of any remaining improvements, together with a
Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and
accepted by the Engineering Services Director and the County Attorney's office prior to the
recording of the final plat. This would be in conformance with the County Land Development
--" Code -- Section 10.02.04.
Engineering Services Department recommends that the final plat of "Valencia Lakes Phase 7-
B" be approved for recording.
FISCAL IMPACT:
The project cost is $454,929.11 (estimated) to be borne by the
developer.
The cost breakdown is as follows:
a)
b)
Water & Sewer
Drainage,
Paving, Grading
- $191,158.00
- $263,771.11
The Security amount, equal to 110% of the
project cost, is $500,422.02
The County will realize revenues as follows:
--
Fund: Community Development Fund 131
Agency: County Manager
Cost Center: 138327 -- Engineering Project Review
Revenue generated by this project:
Total: $9,008.13
Agenda Item No. 16A25
September 13, 2005
Fees are based on a construction estimate of $263,771.11 (does not inch.Rftle 2 of 4
Orangetree Utilities) and were paid in February, 2004.
The breakdown is as follows:
a) Plat Review Fee ($1,000.00 + $5.1ac) -$1,095.00
b) Construction Drawing Review Fee
Water &
Sewer (.75% const. est.) - N/A
c) Drainage,
Paving, Grading (.75% const. est.) - $1,978.28
d) Construction Inspection Fee
Water &
Sewer (2.25% const. est.) - N/A
e) Drainage, Paving,
Grading(2.25%const.est.) - $5,934.85
,~....'"
GROWTH MANAGEMENT IMPACT:
The developer must receive a Certificate of Adequate Public Facilities prior to the issuance of
the construction plan final approval letter.
ENVIRONMENTAL ISSUES:
There are no outstanding environmental issues.
HISTORICAUARCHAEOLOGICAL IMPACT:
There are no historical or archaeological impacts. If during the course of site clearing,
excavation or other construction activity, a historic or archaeological artifact is found, all
development within the minimum area necessary to protect the discovery shall be
immediately stopped and the Collier County Code Enforcement Department contacted.
LEGAL CONSIDERATIONS:
The County Attorney's Office has reviewed and approved the plat and associated legal
documents.
RECOMMENDATION:
That the Board of County Commissioners approve the final plat of "Valencia Lakes Phase 7-
B" for recording with the following stipulations:
1. Approve the amount of $500,422.02 as performance security for the required improvements;
or such lesser amount based on work completed, and as is approved by the Engineering
Services Department.
2. Approve the standard form Construction and Maintenance Agreement, and
a. That no Certificates of Occupancy be granted until the required improvements have
received preliminary acceptance.
b. That the plat not be recorded until suitable security and an appropriate Construction
and Maintenance Agreement is approved and accepted by the Engineering Services
Department Director and the County Attorney's office.
c. The required off site easements shall be recorded prior to plat recordation.
PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department
110m Number.
Ittlm8ummory'
MHtlng Dill'
Agenda Item No. 16A25
September 13, 2005
Page 3014
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
161125
Rtlcomme-ndltion lu lIPPfovl! for recording the finll pl't of ValencIa Lake' PhIlIU' 7-B,
appt'ov.l 01 the standard form Construotion Ilnd Maintenance Agleem8nt Ilnd approval of the
JmDunl of the perlon"ance security,
111131200511:00:00 AM
Senior Engineer
Date
Prepared By
JaM Hould~orth
Community o.v'lopmant &
Environmental Servlcu
EngJMltring S4trvice.
8/17f2OQS 7:07:52 AM
Approved By
Ootl
ConNno. A. John~ opwaUoN Analyst
C0lTll'YKoW11ty OeVIIlopm6nt & Community DolMllopment..
EnvjronlTMlmal8ervlo.t Envlronn...mt.1 Servk:fl Admin.
811112005 8:10 AM
Approved B1
DOle
Sandra Lea EXillIQuUve &et:lret8ry
Community Dflwlopmc!mt & Community Dtilvelopment &
EnvirOl1/"Mlm.l Sltl'Ylo... Envlronmomol9GrvlooaAdmln.
8/17120059:04 AM
Approl'cd By
ThOma E, Kuck. P,E.
Community Dcvoloprmn16
Environrrtttntlll Servloca
CQES Engineering Services Director
0...
COES Engineering Se~lot.
8117/200510:02 AM
Approved B1
0...
Joseph K. Schmtt
Community Dev4llopment &
Envlronment.1 Service.
Community Development"
Environmental Services AdmlMtratOf'
CommunIty OevelClpl'nenl &
EnvlronlTHtntll Ser....lo.. Admin.
8/181200e 6:45 PM
OMB Coordinator
Admlnlltrati'l$Aesillltant
DOl.
App,,,,,ed By
County Manege"" omce
orneo 01 Man.iftment & BUdget
.,,.,9/200510:14 AM
Approved By
Mark INCk$on
County Mimllger'. OffIce
BudO'" An,lyst
Office 01 Man.gement & Budget
0'"
8/Z2!200G 1:17 PM
Mlehl:tel Sm~kow.kl
ManDljiJIIIIMnl & Budget Dlm;tor
0...
Approved B1
County Man.gor'. Office.
Offlo. 01 Manfl9(1mont & Budget
8/2212005 4:2fl PM
Approved By
Leo E. Oeha. Jr.
Board of County
Commlnlorlll'r.
Deputy County Manager
DOle
County Manager" Otfiolt
8f23(2005 11:44 AM
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Agenda Item No. 16A26
September 13, 2005
Page 1 of 5
--
EXECUTIVE SUMMARY
Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of "Olde Cypress, Unit Two". The
roadway and drainage improvements will be privately maintained
OBJECTIVE:
To grant final approval of the infrastructure improvements associated with that
subdivision known as "Olde Cypress, Unit Two"
CONSIDERATIONS:
1. On June 26, 2000, the Board of County Commissioners granted
preliminary acceptance of the roadway and drainage improvements in
"Olde Cypress, Unit Two".
2. The roadway and drainage improvements will be maintained by the
project's homeowners association.
,.-
3.
The required improvements have been constructed in accordance with the
Land Development Code. The Engineering Services Department has
inspected the improvements and is recommending final acceptance of the
improvements.
4. A resolution for final acceptance has been prepared and approved by the
County Attorney's Office. A copy of the document is attached.
5. This Executive Summary has been reviewed and approved by the
Transportation Services Division.
FISCAL IMPACT:
The roadway and drainage improvements will be maintained by the project's
homeowners association.
GROWTH MANAGEMENT IMPACT: There is no growth management impact.
LEGAL CONSIDERATIONS:
The County Attorney's Office has reviewed and approved the Resolution.
,..-
Agenda Item No. 16A26
September 13, 2005
Page 2 of 5
RECOMMENDATION:
That the Board of County Commissioners grant final acceptance of the roadway
and drainage improvements in "Olde Cypress, Unit Two" and release the
maintenance security.
1. Authorize the Chairman to execute the attached resolution authorizing
final acceptance.
2. Authorize the release of the maintenance security.
PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review
Department
".-~
Agenda lIem No 16A26
September 13, 2005
Page 3 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
_lngO"",:
16A2l1
Recommendation 10 "ranf llnalllpproyal of Ihe rORdway \prlvlte) and drainage ilT1>rOV'L'Imentl
for the fin.' plat of OIde Cypren. Unit Two. The roadway .nd draln.ge improvemeMb wlll be
privately maintained.
9113120059:00:00 AM
110m Number:
110m lummolY:
Prepared By
John Houldtworth
Community Oevelopment &
Envlronn'lenUd Servic..
Senior Engineer
Date
EnglnMring hrvloa.
8117f2oo5 3:4!:14 PM
Approved By
Tho"," E. Kuek, P.E,
Community O'....lopmllnt &
Erwironmttntat Servkl4la
CDES Englnnrlng Sorvle.. Director
0....
CDes Engl"",lnQ ServlCd
8/1712005 3:63 PM
Approved By
Con.tance A. Johnson Oper.lon. Analyst
Community Development & Community O..".lopment &
Environmental Serlll~1 Environm.nt,d 9C1trvloot Admin_
0...
8'1712005 3:56 PM
Approved By
Sandr.. loa Executive Secretary
Community Dov.lopf1llllnt& Communtty o.velopmant &
Envlronrn.mtal hrviees Envlronment..1 &ervi~ Admin.
o.to
8117120054:02 PM
Approved By
Communtty O.wlopmen1: &
Environmental $llIrvlces
Communtty Ocevolopment &
Envlronmctf'l1al Sltrvlce. Admln.trttor
Community Oeve!op,..,.nt &
Envlronment.1 hrvlc.. Admin,
0...
Jaaeph K, Schmitt
8/1012005 IU2 PM
ApltrOvcd By
OMB Coordinator
Admlnl.tratlvw As.I.tam
Date
County MQ""UOr'. omce
Otfloe of M.nagctr1lCtnt & 8udg.t
811liH2005 10:10 AM
Approved By
Mink l.ack5on
Budget Analyst
0...
8/2212006 1::lO PM
County Manager'. OffIce
Offlce of Managernent & BlIdget
Approved By
Mlchael9mykowskl
Management & Budget Director
0...
County Manaoer', Office
Office of Manll961nMmt & Bud9St
8f22/aOOfi 3:39 PM
Approved By
Lao E. Oehe., Jr.
Board of County
Commlulonttrl
Oeputy County Manager
0...
COl,Inty Managctr'a: Office
&/23/200511:31 AM
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Agenda Item No. 16A26
September 13. 2005
Page 5 of 5
RESOLUTION NO. 05-_
RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUN1Y,
FLORIDA TO AUTHORIZE FINAL ACCEPTANCE
OF THOSE ROADWAY AND DRAINAGE
IMPROVEMENTS IN OLDE CYPRESS, UNIT TWO,
RELEASE OF THE MAINTENANCE SECURITY,
AND ACCEPT THE MAINTENANCE
RESPONSffiILlTY FOR THE ROADWAY AND
DRAINAGE IMPROVEMENTS THAT ARE NOT
REQUIRED TO BE MAINTAINED BY THE OLDE
CYPRESS HOMEOWNER'S ASSOCIATION
WHEREAS, the Board of County Commissioners of Collier County, Florida, on
June 22, 1999 approved the plat of OIde Cypress, Unit Two for recording; and
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. 04-41, 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 has inspected the roadway and drainage improvements, and is recommending
acceptance of said facilities.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUN1Y
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is
hereby granted for those roadway and drainage improvements in Olde Cypress, Unit Two
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
that are not required to be maintained by the Olde Cypress Homeowner's Association.
This Resolution adopted after motion, second and majority vote favoring same,
this _ day of . 2005.
DATE:
ATTEST:
DWIGHT E. BROCK., CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, CHAIRMAN
Approved as to form and legal
sufficiency:
Jennifer A. Belpedio
Assistant Collier County Attorney
Agenda Item No. 16A27
September 13. 2005
Page 1 of 4
EXECUTIVE SUMMARY
Recommendation to approve for recording the final plat of "Orange Blossom Ranch
Phase iA", approval of the standard form Construction and Maintenance Agreement and
approval of the amount of the performance security
OBJECTIVE:
To approve for recording the final plat of "Orange Blossom Ranch Phase 1A", a subdivision of
lands located in Section 13, Township 48 South, Range 27 East, Collier County, Florida,
following the alternative procedure for approval of subdivision plats pursuant to Resolution 99-
199.
CONSIDERATIONS:
Engineering Review Section has completed the review of the construction drawings,
specifications, and final plat of "Orange Blossom Ranch Phase 1A". These documents are in
compliance with the County Land Development Code and Florida State Statute No. 177. All
fees have been paid. Security in the amount of 10% of the total cost of the required
improvements, and 100% of the cost of any remaining improvements, together with a
Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and
accepted by the Engineering Services Director and the County Attorney's office prior to the
._" recording of the final plat. This would be in conformance with the County Land Development
Code -- Section 10.02.04.
Engineering Services Department recommends that the final plat of "Orange Blossom Ranch
Phase 1A" be approved for recording.
FISCAL IMPACT:
The project cost is $3,203,924.00 (estimated) to be borne by the
developer.
The cost breakdown is as follows:
a)
b)
Water & Sewer
Drainage,
Paving, Grading
- $ 825,000.00
- $2,378,924.00
The Security amount, equal to 110% of the
project cost, is $3,524,316.40
The County will realize revenues as follows:
/''''''-'
Fund: Community Development Fund 131
Agency: County Manager
Cost Center: 138327 -- Engineering Project Review
Revenue generated by this project:
Total: $72,837.73
Agenda Item No. 16A27
September 13, 2005
Fees are based on a construction estimate of $2,378,924.00 (does not in<flO!llte2 of 4
Orange Tree Utilities) and were paid in February, 2005.
The breakdown is as follows:
a) Plat Review Fee ($1,000.00 + $5.1ac) -$ 1,470.00
b) Construction Drawing Review Fee
Water &
Sewer (.75% const. est.) - $-0-
c) Drainage,
Paving, Grading (.75% const. est.) - $17,841.93
d) Construction Inspection Fee
Water &
Sewer (2.25% const. est.) - $-0-
e) Drainage, Paving,
Grading(2.25%const.est.) - $53,525.80
GROWTH MANAGEMENT IMPACT:
The developer must receive a Certificate of Adequate Public Facilities prior to the issuance of
the construction plan final approval letter.
ENVIRONMENTAL ISSUES:
There are no outstanding environmental issues.
HISTORICAL/ARCHAEOLOGICAL IMPACT:
There are no historical or archaeological impacts. If during the course of site clearing,
excavation or other construction activity, a historic or archaeological artifact is found, all
development within the minimum area necessary to protect the discovery shall be
immediately stopped and the Collier County Code Enforcement Department contacted.
LEGAL CONSIDERATIONS:
The County Attorney's Office has reviewed and approved the plat and associated legal
documents.
RECOMMENDATION:
That the Board of County Commissioners approve the Final Plat of "Orange Blossom Ranch
Phase 1 A" for recording with the following stipulations:
1. Approve the amount of $3,524,316.40 as performance security for the required
improvements; or such lesser amount based on work completed, and as is approved by the
Engineering Services Department.
2. Approve the standard form Construction and Maintenance Agreement, and
a. That no Certificates of Occupancy be granted until the required improvements have
received preliminary acceptance.
b. That the plat not be recorded until suitable security and an appropriate Construction
and Maintenance Agreement is approved and accepted by the Engineering Services
Department Director and the County Attorney's office.
--
PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department
Itllm Number.
IIam ........'1:
M~ Dale:
Agenda Item No. 16A27
September 13, 2005
Page 30f4
COLLIER COUNTY
BOARD OF COUNT'( COMMISSIONERS
16A27
R.c()mmer~d.1ion 10 "Pprove for recording the final pint or Orlnljlfl Blol5(lm Renoh Phl8e
1A, approv.1 or Iht Itlndlrd rQrm Conllruction and Malntenance Agreement SlId approval of
the IIlmount of the performance 18(lurity.
9/13120059:00:00 AM
Senior engtnHr
0...
Prep. red By
John Houldsworth
COMlnunlty OltYltlopment &
Environmental &ervlCM
E.ngineerlng ServIDe'S
8118/%0058:88:18 AM
COES Engineering ServlcN Director
0...
Appr..'" By
Thomas E.. Kuc::k, P ,E.
Comrnonlt~ De..-lopmen1 &
Envlronmenl.al Service.
COES Engln..rlng Servlee.
8118/20058:32 AM
Approved By
0...
ConNn.,. A. JohMOn Opl'lrllttons Analy,t
Convnunlty O"velopm.rnt & Communtty Development &
Envtronmem.1 Sctrvkl.... Environmental Service. Admfn.
8118120059:09 AM
Appr..ed By
0'"
Sandra loa EXClICullv. a-Cf6tary
Communtty DGVolopmcrm1 & Community DIJvfllopmon1 &
Environtt1l&ntal Set\llwa Environmental Service. Admtn,
8(16/20015 10:11 AM
Approved By
0...
JOMph K. $c;hmltt
Communlty Development &
El'wironmental Servlcos
Community' Duvalopment...
Erwlranml(lntal Servl0e5 AdmlnlJtrltOf'
Community Development &.
Envlronnvtntal Sorvlce. Admin.
8J1812006 8:"1lI PM
OMS Coordinoltor
AdmlnlstriDtlvc Anl.tant
0...
ApprO\lcd By
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1119/]00510:16 AM
M.rk IN-ok.on
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Appr..ed By
County M..nag41f'. Of'I'lce
Budget An.lyat
OffIeo ot MIInagement a Budget
8/22/2006 1:26 PM
Approved By
Michael Sm~lcow8kl
County Man.,'s Office
Apprond By
Jain.' V, Mudd
Boord 0' County
Comml..loner.
Manag.ment & Budget Director
0...
0fflc;1't nf Mlnagement & B~gtn
81231200812.84 PM
County M.nllger
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County Man.gClr'. Office
1/21'200511:40 AM
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Agenda Item No. 16A28
September 13. 2005
Page 1 of 4
"...-....
EXECUTIVE SUMMARY
Recommendation to approve for recording the final plat of "Reflection Lakes at Naples
Phase 1 C", approval of the standard form Construction and Maintenance Agreement and
approval of the amount of the performance security
OBJECTIVE:
To approve for recording the final plat of "Reflection Lakes at Naples Phase 1C", a subdivision
of lands located in Section 12, Township 51 South, Range 26 East, Collier County, Florida,
following the alternative procedure for approval of subdivision plats pursuant to Resolution 99-
199.
CONSIDERATIONS:
Engineering Review Section has completed the review of the construction drawings,
specifications, and final plat of "Reflection Lakes at Naples Phase 1C". These documents are in
compliance with the County Land Development Code and Florida State Statute No. 177. All
fees have been paid. Security in the amount of 10% of the total cost of the required
improvements, and 100% of the cost of any remaining improvements, together with a
Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and
accepted by the Engineering Services Director and the County Attorney's office prior to the
,...--. recording of the final plat. This would be in conformance with the County Land Development
Code -- Section 10.02.04.
Engineering Services Department recommends that the final plat of "Reflection Lakes at Naples
Phase 1 C" be approved for recording.
FISCAL IMPACT:
The project cost is $17,200.00 (estimated) to be borne by the
developer.
The cost breakdown is as follows:
a)
b)
Water & Sewer
Drainage,
Paving, Grading
-$ 2,700.00
- $14,500.00
The Security amount, equal to 110% of the
project cost, is $18,920.00
The County will realize revenues as follows:
,~-....
Fund: Community Development Fund 131
Agency: County Manager
Cost Center: 138327 -- Engineering Project Review
Revenue generated by this project:
Total: $1.536.00
Agenda Item No. 16A28
September 13, 2005
Fees are based on a construction estimate of $17,200.00 and were paid iR_~f 4
2005.
The breakdown is as follows:
a) Plat Review Fee ($1,000.00 + $5.1ac) -$1,020.00
b) Construction Drawing Review Fee
Water &
Sewer (.75% const. est.) - $ 20.25
c) Drainage,
Paving, Grading (.75% const. est.) - $ 108.75
d) Construction Inspection Fee
Water &
Sewer (2.25% const. est.) - $ 60.75
e) Drainage, Paving,
Grading(2.25%const.est.) - $ 326.25
GROWTH MANAGEMENT IMPACT:
The developer must receive a Certificate of Adequate Public Facilities prior to issuance of the
construction plan final approval letter.
ENVIRONMENTAL ISSUES:
There are no outstanding environmental issues.
, HISTORICAL/ARCHAEOLOGICAL IMPACT:
There are no historical or archaeological impacts. If during the course of site clearing,
excavation or other construction activity, a historic or archaeological artifact is found, all
development within the minimum area necessary to protect the discovery shall be
immediately stopped and the Collier County Code Enforcement Department contacted.
LEGAL CONSIDERATIONS:
The County Attorney's office has reviewed the plat and associated documents and found
same to be legally sufficient.
RECOMMENDATION:
That the Board of County Commissioners approve the Final Plat of "Reflection Lakes at
Naples Phase 1 C" for recording with the following stipulations:
1. Approve the amount of $18,920.00 as performance security for the required improvements;
or such lesser amount based on work completed, and as is approved by the Engineering
Services Department.
2. Approve the standard form Construction and Maintenance Agreement, and
a. That no Certificates of Occupancy be granted until the required improvements have
received preliminary acceptance.
b. That the plat not be recorded until suitable security and an appropriate Construction
and Maintenance Agreement is approved and accepted by the Engineering Services
Department Director and the County Attorney's office.
--
PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department
Item Number:
"1m Summary:
_Ing DOlO:
Agonda Ito01 No. 16A28
September 13. 2005
Page .3 014
COLLIER COUNTY
SOARD OF COUNTY COMMISSIONERS
16A28
Reoommendl1iCln 10 approve- for recording the final plat of Renec1iOfl L.kes at: Nllplet Phltl~e
ie, awro...~ 01 the standard form ConstructiDn and Maln1enlnce Agreement and Ipproval of
the 8mount of the performenoe security,
1lI'312005 9:00:oo;w.
hnlor Engineer
Dote
Prepared By
John Houldsworth
Communl1y Dftvelopment &
Environment.:! $ervlcee
E:nglneering Servtoel
8/181200510:14:46 AM
Dote
Approved By
Sind,.. LeIl Ex.cutl\le Seemary
Community Dweiopmlllr'lt & Communlty o.lI4Iloprnent &
EnvIronmental SMYlces EnYlronmental S.""lco.Admln.
8/18f200610:20 AM
Approved By
COES Engineering Service. DIrDctor
ON
Thomu E. KUQ.k, P.E.
Community Dewlapnl<<nt &
e.,wlrontnentel Bcrvl~a
COEa EnglnMl'lng SOrvlt:o.
8118/200611 :2:9 AM
0...
Approved By
Const.nee A. Jol1mon Opention. Anplyst
Convnuntty OCY<IllopFn6lm & Community Development &
Environmlltntal Servlon Environmental Servlcu Admin.
8/18/200612:3>> PM
Joteph K. Schmitt
0...
Approved By
Community Ot!lYelopmtilnt &
environmental Services
Community OfNetoprnent &
Envlromnent.t S..-vioe. AdmlnttrMor
Comml.lntt)l Development &,
Envlronll1l'nlIl Service. Admln.
8/18(20068;$0 PM
Approved B)'
OMB Coordlnlltor
County Mllnogof'5 Office
Admlnlatrative As.lat,nt
Dote
8/19/200510:17 AM
Office ot MlInaglll'mfJnt & Bud;.t
Mark Isaokson
Budget Anely.t
0...
8/2212005 1 :45 PM
Approved By
County Manager'. Office
omce ot Mltnlgltment & Budget
Approved By
Michael8mykowi&ki
County Man.gar's Offlce
Approved B"
Leo E. Oeha. Jr,
Board or County
Commisaionen
ManogelTlCllnt & Budgst Director
Dote
Office of ManagelTl8m & Budget
llI2aJZOOll ':Z8 PM
Deputy County M.negor
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County Man.ger'. OffiCII
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IX
Agenda Item No. 16A29
September 13, 2005
Page 1 of 11
.,"""""".
EXECUTIVE SUMMARY
Recommendation to approve an Intergovernmental Inspection Agreement between Collier
County and the Ave Maria Stewardship Community District
OBJECTIVE: To approve an Interlocal Inspection Agreement between Collier County
(County) and the Ave Maria Stewardship Community District (District) for inspection services
provided by the County.
CONSIDERATIONS: The attached Agreement between the County and the District is being
submitted for the Board's approval to provide an equitable fee for engineering inspection
services for the construction of a portion of the public improvements within the boundaries and
jurisdiction of the District.
Engineering Services Department's normal inspection fee is based on 2.25% of the estimated
cost of infrastructure improvements. The District has the duty and authority granted to it in its
special act charter to provide for inspections as set forth in Chapter 2004-461, Section 4, Laws of
Florida. 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.
The County and the District can save costs and expenses while lawfully achieving their
/,_ respective goals, including the duty and authority to inspect the construction of public facilities,
by contracting with each other for a division of the inspection duties in order to provide for
practical implementation and governmental efficiency.
The County, by this Agreement, agrees to reduce its inspection fee for Site Development Plans
No.1 (AR-6113) and No.2 (AR-6432) from 2.25 percent of the cost of construction to 1.5
percent. Engineering Services anticipates its expense to provide coordinated construction
inspection service will be covered by the revised 1.5 percent fee which is expected to generate
$212,375.30. All remaining phases and subdivision plats will be subject to the 2.25 percent
inspection fee.
FISCAL IMPACT: The Engineering Services Department will receive a $212,375.30
Inspection Fee to cover all costs of its inspection services.
GROWTH MANAGEMENT IMP ACT: None
LEGAL CONSIDERATIONS: The County Attorney's office has reviewed the
Intergovernmental Inspection Agreement and has signed and approved as to form and legal
sufficiency.
RECOMMENDATION: That the Board of County Commissioners approve and execute the
Intergovernmental Inspection Agreement with the Ave Maria Stewardship Community District.
,--- Prepared by: Thomas E. Kuck, P.E., Director, Engineering Services
lam Number:
Item Summary:
M_g Dolo:
Agenda lIem No. 16A29
Septembfl, , 3. 2005
Page 2 of"
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A29
Rfwomm8ndatiQJI to .pprnve In Intergovernmenta:l Inspection Agreemltllt hetween Collier
County and the Avft Maria SteWlrdlhip Community District.
911>120059:00:00 AM
Auiatol,t County Attorney
n...
811812006 3:14 PM
App.....ed By
Jennl1er A. Bctlpedlo
County Attorney
County Attomey Office
0...
Approved By
Thornu E. Kuck, P,E.
Community Development &
EnvlronrrNtntal hrvlcWf
COES Engineering Sttrvio.. DlrlJdor
coes Engineering S.rvlcel
1/1812005 4:27 PM
Oalo
Approved By
Sandra LN EXDcutlYe Secretary
Community Devolopment & Communtty [)evelopnMlm &
EnvtrontMnt.a1 Se-rvloes Environmental S.rvlCM Admin,
8118/2005 4:27 PM
Approved B)'
Oat<>
Con_teNIa A. John_on Operllltlom: Analy.t
Community Development & Comml.lrllty DtWlopmont &
Environmental hrvlen EnvtronrMntalS8fvlc.. Admin.
8117120051:<49 AM
Approved B)'
ON
Joseph K. Schmitt
Community Development &
EnvlronmenUlI Serv1ce.
CommunIty Dowlopment &
Erwlronmental S.rviON Admtnatrlrtor
Community Developnlfmt &
Envlronment.IS.rvlces Admin.
'120/'005 4:04 PM
Adminlatr.tive A..I.tan1
0...
3/23120M 8:18 AM
Approved By
OMB Coordinator
County Mllnegers omce
omce of MalUlgemenl & Budget
Approved By
Mn luck.on
Coumy Mantlger'~ Oftloe
Budget' ANIIVat
Otfltllli of MII"8gemont & Budget
0...
312912008.4:57 PM
0...
Approved By
Mlehael Smykowskl
County MlInftger'B orno.
MliIlnageme'rt & Budget Olreotor
Offleo of Management & Budget
812912000 5:,Zg PM
0...
Approved By
James V. Mudd
Board of County
CDlnmiaslonor.
C<<XJnty Manllgtlr
County M.anlglll". Office
8J301200B $:2A PM
8/16/2005
Agenda Item No. 16A29
September 13, 2005
Page 3 of 11
INTERLOCAL AGREEMENT BETWEEN
AVE MARIA STEWARDSHIP COMMUNITY DISTRICT AND COLLIER COUNTY
REGARDING INSPECTION FEES
THIS INTERLOCAL AGREEMENT (the "Agreement") is entered into this day
of , 2005, by and between the AVE MARIA STEWARDSHIP COMMUNITY
DISTRICT, COLLIER COUNTY, FLORIDA, (hereinafter referred to as the "District"), and
the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, a
political subdivision of the State of Florida, (hereinafter referred to as the "County.") The
District and the County are sometimes collectively referred to herein as the "Parties" or
individually as the "Party."
RECITALS
WHEREAS, the County is a political subdivision governed by the Collier County Board
of County Commissioners and authorized by the Florida Constitution, Article 8, Section I (a) and
created by Section 7.11, Florida Statutes; and
WHEREAS, the District is a specialized and limited single-purpose independent special
district unit of local government established on property in the Rural Lands Stewardship Overlay
by the Florida Legislature by Special Act, Chapter 2004-461, (hereinafter referred to as "the
Special Act"); and
WHEREAS, the County, under home rule, has the authority to enter into this Agreement
pursuant to Section 125.01, Florida Statutes and Section 163.01, Florida Statutes; and
WHEREAS, the Special Act grants the District authority and power to perform certain
public functions to carryout its single special purpose to provide basic infrastructure
improvements, systems, facilities, and services, including public infrastructure, within its
boundaries and jurisdiction (hereinafter referred to as "Public Improvements"); and
WHEREAS, that which induced the Parties to bind themselves to this Agreement, under
section 163.01, FS., is the authority from the County and the District to provide for these
inspections in a practical, accountable and efficient manner saving, each unnecessary costs of
time, staffing and money; the County and the District do enter into this Agreement formed in
8/16/2005
Agenda Item No. 16A29
September 13, 2005
Page 4 of 11
reliance upon, and under the authority of, the Florida Interlocal Cooperation Act of 1969, as
amended, section 163.01, FS., in order to make the most productive, accountable, fair,
responsive, timely and efficient use of their powers; this consideration flows between the District
and the County.
WHEREAS, Based upon these findings, ascertainments, detenninations and
consideration, and as a result of good faith negotiations, the County and the District intend
entering into this Agreement to provide the most efficient, economic, flexible and specialized use
of their inspection powers for the purpose of serving the best interests of the public in inspection
of public facilities within the boundary of the District; doing so without any transfer of powers
from one Party to the other Party; effecting for their mutual advantage a bilateral exercise of
powers held jointly by the Parties which each may exercise separately with joint administration
by both Parties through this division of powers.
WHEREAS, this Agreement is to simplify the division of duties for inspections of the
construction of Public Improvements; and
WHEREAS, Ave Maria Development, L.L.L.P, is in process of obtaining the required
approvals and pennits for the construction of a portion of the Public Improvements within the
boundary and jurisdiction of both the County and the District; and
WHEREAS, as part of the County pennit process the County requires the deposit of
certain sums of money to pay for the inspections of the Public Improvements by the County and
the District is required to perfonn inspections of the Public Improvements in order to release
District funds for the payment of the Public Improvements; and
WHEREAS, the Parties recognize that, unless there is a division of the inspections, there
will be significant and unnecessary duplication of inspections resulting in additional costs to be
borne by present and future landowners and residents of the District; and
WHEREAS, the Parties are able to provide for inspections of Public Improvements and
can use their common powers and authority by cooperating with one another on a basis ofmutual
advantage regarding the specialized matter of inspections of the Public Improvement.
NOW THEREFORE, in consideration of the mutual covenants and promises and
considerations set forth in this Agreement, the sufficiency of which is hereby acknowledged by
the District and the County, the District and the County hereby agree to the following:
2
8/16/2005
Agenda Item No. 16A29
September 13. 2005
Page 5 of 11
1. The Parties agree to adopt and incorporate the foregoing Recitals, sometimes
referred to as "Whereas clauses," by reference into the terms of this Agreement.
2. The Parties agree to adopt and incorporate the "Addendum A" (Definitions) and
"Addendum B" (District Inspection Items), by reference into the terms of this Agreement.
3. The District agrees that it will have primary responsibility at no cost to the
County, for inspections identified in Addendum B.
4. The District agrees: 1) that the County, at the County's discretion, may from time
to time inspect the Public Improvements; and 2) to allow such inspections.
5. The District agrees to provide the County with copies of all inspection reports,
photographs, video tapes, etc., so that the County may rely on the inspections and certifications
of the District performed by the District Engineer as approved by the Board of Supervisors of the
District; and
6. The County agrees that the County's inspections will be limited to those matters
listed in and agreed upon by the Parties in Addendum B.
7. The County agrees to provide the District with advance notice as to the type,
nature, and number of documents or videos being requested regarding inspections.
8. The County agrees that if it is determined that additional reports, photographs or
videotapes other than those set forth in Addendum B are needed, it will advise the District in
writing as an amendment to Addendum B.
9. The County agrees to reduce its inspection fees to an amount that is 1.5 percent of
the cost of construction as certified by the District Engineer for which the permits are sought.
10. The Parties agree that of either are delayed in, or prevented from, performing or
carrying out any of the inspection duties set forth in this Agreement by reason of strike, stoppage
of labor, failure of contractors or suppliers of materials and fuel, riot, fire, flood, ice, invasion,
civil war, commotion, insurrection, military of usurped power, order of any court granted in any
bona fide adverse legal proceedings or action, order of any civil or military authority (either
defacto or dejure), explosion, act of God, or the public enemies or any cause reasonably beyond
its control and not approximately attributable to its neglect; then, and in such cases, both Parties
will be relieved of performance under this Agreement for the duration of the period for which the
performance is delayed or prevented and shall not be liable to the other Party for, or on account
of any loss, damage, injury or expense resulting from, or arising out of, such delay or prevention
3
8/16/2005
Agenda Item No. 16A29
September 13, 2005
Page 6 of 11
and inspection; provided, however, that the Party suffering such delay or prevention in the
exercise of its duties to inspect the construction of the public facilities, shall use due and
practical diligence to remove the cause or causes thereof; and provided, further, that neither Party
shall be required by the foregoing provisions to settle a strike except when, according to its own
best judgment, such a settlement seems advisable.
11. The provisions of this Agreement are intended by the Parties to be severable. If
any provision ofthis Agreement shall be held to be invalid or unenforceable, in whole or in part,
such provisions shall be ineffective to the extent of such invalidity or enforceability without, in
any manner, affecting the validity or enforceability of the remaining provisions of this
Agreement.
12. This Agreement shall be governed by and construed in accordance with the laws
of the State of Florida.
13. The Parties intend that the terms and conditions of this Agreement, and any of its
addenda, may be amended or modified periodically, but only in writing, executed duly and
validly by the Parties to this Agreement in a timely and reasonable manner.
14. This Agreement will take effect upon signing by both Parties. This Agreement
will continue in effect indefinitely unless cancelled. This Agreement will be canceled upon
thirty (30) days written notice from one Party to the other Party. Upon such cancellation, the full
inspection duties of either Party shall resume as if there had been no such Agreement.
15. Any waiver at any time by either Party hereto of its rights with respect to the
Party under this Agreement, or with respect to any matter arising in connection with this
Agreement, shall not be considered a waiver of any such rights or matters at any subsequent
time.
16. This Agreement shall inure to the benefit of, and be binding upon, the Parties
hereto, and this Agreement, and its obligations, shall not be assignable by either Party and
neither Party shall have authority to question the capabilities of those assigned to do the
inspections by the other Party so long as they are either employees or limited independent
contractors of the applicable Party.
17. Written notices shall be given to the Parties at the following addresses or such
other place or person as each Party shall designate by similar notice:
4
8/16/2005
Agenda Item No. 16A29
September 13, 2005
Page 7 of 11
1. As to the District:
Peter Pimentel, District Manager
Ave Maria Stewardship Community District
P.O. Box 3296
Ave Maria, Florida 34143
2. As to the County:
Collier County Board of County Commissioners
clo Engineering Services Department
Thomas Kuck, Director of Engineering Services
2800 North Horseshoe Drive
Naples, Florida 34104
18. District and County have freely and voluntarily executed this Agreement
subsequent to being apprised of all relevant information concerning this Agreement and upon
advice by their respective counsels.
19. The Parties hereto agree that this Agreement supersedes and replaces all prior
agreements and understandings and that it constitutes the entire agreement between the District
and the County and that no other agreements exist, oral or written, between the Parties relating to
any matters covered by this Agreement or any other matter whatsoever.
20. Except as expressly provided for herein, the Parties represent and warrant that in
executing this Agreement, they do not rely upon, nor have they not relied upon any oral or
written representation, promise, warranty or understanding made by any of the Parties or their
representatives with regard to the subject matter, basis, or effect ofthis Agreement.
IN WITNESS WHEREOF, on the date first set forth above, the District and the County
have executed this Agreement which consists of five (5) pages, as sworn to and acknowledged
by and through. its duly authorized representative.
ATTEST:
AVE MARIA STEWARDSHIP
COMMUNITY DISTRICT,
BOARD OF SUPERVISORS
By:
PETER PIMENTEL, District Manager
By:
THOMAS PEEK, Chairman
5
8/1612005
Agenda Item No. 16A29
September 13, 2005
Page 8 of 11
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk By:
FRED W. COYLE, Chairman
Approved as to form and legal sufficiency:
~
JE NIFER A. BELPEDIO
Assistant County Attorney
6
8/1512005
Agenda Item No. 16A29
September 13, 2005
Page 9 of 11
ADDENDUM "A"
DEFINITIONS
"Agreement" means the certain written agreement (including its incorporated Addendum
"A" and incorporated Addendum "B") negotiated and executed by and between the Ave
Maria Stewardship Community District governing boards and the Board of County
Commissioners of Collier County and shall include no other oral or written documents,
contracts, letters, notes, messages, missives or agreements.
"Approvals and Permits" shall mean the expressed written authority from County to the
District to proceed with storm drainage, road construction and related systems, facilities and
services.
"Ave Maria Stewardship Community District" shall mean special and single purpose
local government created and chartered by special act 2004-461, Laws of Florida, limited, in
implementing its single and specialized purpose, to the performance of those general and
special powers authorized by its charter under 2004-461, Laws of Florida, the boundaries of
which are set forth by the Act, the governing head of which is created to operate as set forth
in the Act.
"Cost of Construction" shall mean those costs as certified jointly by the District and
County professional engineers regarding construction of capital facilities.
"Fees", "Reduced Inspection Fees" and "Reduced Fees" shall mean only the percentage
amount referenced in the Agreement, the purpose of which is to compensate for the services
provided by the District.
"Interlocal Agreement Between Ave Maria Stewardship Community District and
Collier County Regarding Inspection Fees" shall mean only this duly executed Agreement
pursuant to section 163.01, F.S., by which the Parties exercise bilaterally duties that each has
the power to exercise separately in order to provide for efficient economical public service.
"Infrastructure" shall mean only the following systems, facilities and services authorized,
approved and permitted by the County within the jurisdiction of the District: storm drainage,
road construction and related systems, facilities and services.
"Inspections" shall mean the physical on site observations and assessments of the public
improvements for compliance with the approved plans, contract documents, development
orders, and regulatory permits, subject to and limited by the provisions of this Agreement, by
person or persons designated subject to the provisions of this Agreement as set forth
specifically and expressly in Addendum "B".
&/15/2005
Agenda Item No. 16A29
September 13, 2005
Page 10 of 11
"Public Improvements" shall mean infrastructure as defined above that is limited to the
actual constructed capital facilities and not necessarily the services and systems which may
flow from or be produced by the public improvements to include the following: storm
drainage, road construction and any related capital facilities.
"Rural Lands Stewardship Overlay" means that certain part of the Collier County Growth
Management Plan, which creates the Rural Lands Stewardship Area Zoning Overlay
implemented by the Rural Land Stewardship Area Land Development Regulations which in
part encourages the use of this District, Section 2.2.27.l0.C.
"Single Purpose Local Government" means the Ave Maria Stewardship Community
District as an independent special purpose government entity under Section 189.403(1) and
(3), F.S.
2
8/15/2005
Agenda Item No. 16A29
September 13, 2005
Page 11 of 11
ADDENDUM "B"
DISTRICT INSPECTION ITEMS
1. Water Management System:
a. Review the depths, side slopes, general shape, area, and volume, littoral plantings,
grassing and permanent erosion control associated with the system lake.
b. Provide verification of earthwork quantities
c. Review sizes, lines and grades, backfill compaction, and bedding of the system
culverts and storm drainage system.
d. Review the horizontal and vertical locations, and sizes of the system control
structures.
e. Review the water management system overall conformance with plans and permits.
f. Perform a water management system final inspection of punch list items and
completed quality.
g. Provide a verification of final quantities and costs.
2. Roads:
a. Review geotechnical test reports per the approved specifications for asphalt
densities, roadway base densities, roadway sub-grade densities, roadway
embankment densities, and concrete strength.
b. Review materials certifications and shop drawing approvals
c. Review horizontal and vertical locations of key structures.
d. Review horizontal and vertical locations of roadway curbs.
e. Review roadway grading and cross slopes.
f. Review roadway drainage system pipes for sizes, lines and grades, backfill
compaction, and bedding
g. Perform a final inspection of punch list items on completed quality of the curbs,
sidewalks, pavement, grassing/permanent erosion control, signing, marking, street
lighting, and signals.
h. Provide a verification of final quantities and costs.
Agenda Item No. 16A30
September 13, 2005
Page 1 of 8
EXECUTIVE SUMMARY
Recommendation to authorize the County Manager, or his designee, to submit a grant
proposal to the Florida Department of Environmental Protection Bureau of Invasive Plant
Management (BIPM) for contractor services to remove invasive exotic vegetation within
Conservation Collier property adjacent to Rookery Bay National Estuarine Research
Reserve (NERR).
OBJECTIVE: To have the Board of County Commissioners (BCC) authorize the County
Manager, or his designee, to submit a proposal to receive state contractor services from the
BIPM for the removal of invasive exotic vegetation within the Conservation Collier property
formerly known as the Malt property.
CONSIDERATIONS: The Upland Plant Management Section of the BIPM funds individual
invasive plant removal projects on public conservation lands throughout the State. If the grant is
received, the BIPM will pay state contractors for work that will be performed on Conservation
Collier property. No funds will be transferred to Collier County. Staff anticipates that a formal
agreement between the BCC and the State will be needed before the project can proceed. Once
an agreement is fmalized, staff will return to the BCC for formal acceptance of the grant award
and execution of the agreement.
FISCAL IMPACT: There will be no fiscal impact to the County for this grant application.
GROWTH MANAGEMENT IMPACT: This proposal supports Objectives 6.2 and 7.3 of the
Conservation and Coastal Management Element of the County Growth Management Plan, which
require the County to protect and conserve wetlands and the natural functions of wetlands and
continue to implement programs that conserve and protect endangered and threatened wildlife
species.
LEGAL CONSIDERATIONS: Approval of this grant application submittal conforms to the
County's Grant Coordination procedures.
RECOMMENDATION: Recommend that the Board of County Commissioners authorize the
County Manager, or his designee, to submit the attached grant proposal to the Florida BIPM for
contractor services to remove invasive exotic vegetation within Conservation Collier property
adjacent to Rookery Bay NERR.
Prepared by: Melissa Hennig, Environmental Specialist, Environmental Services
Department
Item Number:
ltom "'mmary:
MHIlng D...:
Agenda Item No. 16A30
September 13. 20<15
Pege 2 01 8
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A30
Recomme-l1datlon 10 .Ulhurjr8 the the County Manager. or hi8 dlllgnee, to lubmit It gnmt
pl'opo..1 to the FlorId. Deplrtment 01 Environmental Protection Bureau of InYMllve Plant
Management (BIPM) for contractor lervlcel to ,emove invlIsive exotic vegetation Within
Con"Jvation Conier proPftrty "djilcent to R.ookery BIIY Ne1ionat Estuarine Rtl8earch Reaerve
(NERR).
0/13120059:00:00 AM
Dato
Prep.red By
Melina Hennig
Community Develop"",", &
Environmental Servlc:otl
Envlronmentlll Spe<:lallst
Environmental SrlrvloClt'
&115112005 SiI~44:10 AM
0...
Appro"" By
Sind,. Lea EkOClJtWO Secmary
Communtty DlltYtllopment & Community Developllwnt &
E.nvlronf'MInlllhrvlce. E.nyironnwntal Servto.. Admin,
81191200551:51 A.M
Apl>roved By
0...
Con.nanc.e A. Johne:on Operationa Analyl!
Community Devutopmont & COInmuntty DIlIVClllopment &
Environmental Service. Environmental Sttrvlces Admin.
81191200510:03 AM
Approved By
Mariene J, Foord
0...
AdmmIRrat:WQ Servlc"
Grants Coordinator
Admlnlstrlltlve 8ervle.. Admin.
8J19120Dei 2:&0 PM
0...
Approved By
WllHllm 0, Lorenz., Jr., P.E.
Community Oevo1opment &
Envlronmen1al8ervlc..
Envlronmontal S~rvIC05 Olrector
Environmental Servlo..
6122/2005 11 :05 AM
0...
Approved By
Joseph K, 9lihmltt
Community Developmont..
Envlronrm-ntal 5orviow.
Community tMtveloprnll'nt&
Environmental &erviQe8 Admlnluator
Community l>ewlopment &
EnvjrOn"lOntnl ServIces Admin,
8/22120Q5 2:01 PM
0...
Approved By
OMS Coordinator
County Man.gcrr's orrlOtll
Admlnitlltratlve Ani,hurt
Office of Man.gornont & Budget
8/2312005 e,21 AM
Approved B)'
Mark ltaok.on
County Man.lf:ler', Offioe
Budg<<tt Analyst
Office of Management & Budget
0...
8123/200!l -4:06 PM
Man.gement & Budget Olre<rtor
0...
8/2512005 to:47 AIVI
Ap..roved By
Michael Smykowlkl
County MlII1lJl91tr'S Office
Offioll' 01' MJmageMlllnt & Budget
Approved Bl'
Dato
Jantell \1', Mudd
BO.rd of County
Comml..lonere
County Manager
County Managttr'. otrlo.
8/27120061:34 PM
Agenda Item No. 16A30
September 13, 2005
Page 3 of 8
Collier County Conservation Collier / Rookery Bay NERR
SW Florida Regional Work Group
Collier County Conservation Collier
Florida Department of Environmental Protection
Rookery Bay National Estuarine Research Reserve
Melissa Henning/ Pamela Keyes
300 Tower Road, Naples, Florida 34113
Phone-239/417-6310; Fax-239/417-6315
Email: melissahennig@colliergov.net;oamela.keves(Ci)deo.state.fl.us
Method of control- Contractual
Project Goals - Control of melaleuca (Melaleuca quinquenervia), Brazilian pepper (Schinus
terebinthifolius), Australian pine (Casurina equisetifolia), on an estimated 131 acre site.
Agenda Item No. 16A30
September 13, 2005
Page 4 of 8
SCOPE OF WORK:
Project Location
The project is located in Collier County, Florida along SR951 and Shell Island Road (SIR). It is south of
US 41 and west of SR951. The project site Is approximately 131 acres with 4 acres along SIR that
serves as the primary access site for Rookery Bay National Estuarine Research Reserve. This site hosts
a variety of habitats ranging from marsh systems to mangrove forest. A figure depicting the project
location is attached (Figure 1). Land owned by Rookery Bay NERR Is adjacent to the project site to the
west and south.
Project Description
The Conservation Collier/Rookery Bay Project site is approximately 131 acres located west of SR 951 - 3
acres of which is south of SIR. The site is bordered by Old County Road 92 to the west and an FPL
access road to the north.
The 74 acre Collier County property that SIR runs through was recently acquired through the County's
Conservation Collier program and will be managed by Rookery Bay in the future. This site is infested
with melaleuca and Brazilian pepper. Four acres of thick Brazilian pepper along SIR will be cut and
removed since SIR is a major public access road Into Rookery Bay. However, the remaining pepper will
be treated in place. There are also some patches of melaleuca throughout this property that will be cut
and treated. Although there are only a few Australian pines on this site they will also be treated in
place. The 29 acre property north of the Collier County site is currently in private ownership, but is
being considered for purchase through the Conservation Collier program.
The S7 acre Rookery Bay property is bordered by an FPL access road to the north and Old County Road
92 to the west. This site is infested with melaleuca and Brazilian pepper. The melaleuca will be cut and
treated, and the Brazilian pepper will be treated in place.
The project site is easily accessed from SR 951, FPL roads and SIR. Directions and a map will be
provided by Reserve staff.
Work Specifications
Removal of invasive plant species will be site specific. The contractor(s) will use every effort to avoid
damaging native vegetation and wildlife. The Contractor is responsible for the initial treatment of all
specified trees, saplings and seedlings. The contractor must achieve a 9S% kill rate four months after
treatment.
All herbiCides shall be used in accordance with the EPA label. The selected contractor(s) are liable for
any penalty, fines or damages resulting from the misuse of herbicides. The Contractors(s) shall properly
dispose of herbicide and adjuvant containers.
The Contractor(s) shall provide the DEP's Site Manager, at the end of each work week, a written record
of the following:
1) Total gallons/lbs. of herbicides, adjuvant and dyes applied,
2) Total number of acres and number of plants treated,
3) Total hours of operating time and,
4) Any other information as may be required by the DEP Contract Manager.
Control methods based upon species:
melaleuca (Melaleuca quinquenervia) - Melaleuca will be cut. Trees will be left on site. Stumps will
be treated with an appropriate herbicide per label rate. (cut stump)
Brazilian pepper (Schinus terebinthlfolius) - Brazilian pepper will be treated in place except at the
SIR site. At the SIR site Brazilian pepper will be cut, chipped and hauled away. (basal and cut
stump)
Australian pine (Casurina equlsetifolia) - Australian pine will treated in place. Stumps will be
treated with an appropriate herbicide per label rate. (girdle)
Seedlings must be pulled by hand and disposed of properly to reduce the possibility of re-sprouting.
Agenda Item No. 16A30
September 13, 2005
Page 5 of 8
Other Requirements and Provisions
The Site Manager will notify the contractor of known location and keep contractor up to date on any
other pertinent information throughout project.
Project Time Frame
Project should be started during dry season.
Funding Information
See attached Budget Sheet.
PROPOSALINFORMATlON
The Conservation Collier/Rookery Bay Project site is approximately 131 acres located between SR 951
and 3 acres south of SIR. The site is boarder by Old County Road 92 and an FPL access road.
The 74 acre site that SIR runs through was recently acquired by Collier County/ Conservation Collier and
will be managed by Rookery Bay in the future. This site Is infested with melaleuca and Brazilian
pepper. Four acres of thick Brazilian pepper along SIR will be cut and removed since SIR is a major
public access road into Rookery Bay. However, the rest of the pepper that is thick along Old County
Road 92 will be treated in place. There are also some patches of melaleuca throughout this property
that will be cut and treated. Although there are only a few Australian pines on this site they will be
treated in place.
The 57 acre Rookery Bay site is boarded by FPL to the north and Old County Road 92 to the west. This
site is infested with melaleuca and Brazilian pepper. The melaleuca will be cut and treated and the
Brazilian pepper will be treated in place.
Conservation Land Qualification
Seventy-four acres were recently acquired by Conservation Collier and will be managed by Rookery Bay
NERR/FLDEP after initial management concerns have been addressed. Rookery Bay owns and manages
the other 57 acres of the project site
Ability to Maintain Site After Initial Treatment
Rookery Bay Reserve has an aggressive grant program and groups such as Americorps and community
service that can maintain the site after initial treatment.
Restoration Plan for Native Plants
No replanting will be necessary. This site will re-vegetate naturally, given the existing seed source.
Threatened or Endangered Species or Habitats
The following listed plant species have been observed on the property:
Leather Fern (Acrostichum aureum), Refelexed wild pine (Tillandsia ba/bisiana), Banded wild pine
(Tillandsia f1exusoa), Giant wild pine (Ti/landsia utricu/ata)
The following listed wildlife species have been observed on the property: wood stork (Mycteria
americana), white ibis (Eudocimus a/bus), snowy egret (Egretta thu/a), tricolored heron (Egretta tricolor),
little blue heron (Egretta caeru/ea), and American alligator (Alligator mississipplensis).
Public Education Program
Rookery Bay's new Environmental Learning Center (ELC) features information on the impact of invasive
species on native communities. A number of project speCific one-page fact sheet on invasive species
have been developed and are being distributed to the public via the ELC.
Figure 1
Agenda Item No. 16A30
September 13, 2005
Page 6 of 8
Collier County Conservation Collier I Rookery Bay NERR Partnership
Collier County Conservlltion Collier I Rookery BlIY NERRPartnershlp
Exotic Removal areas
c:J Rooklry BI\I Proporlv
D Collier County Proplrty
Dentirt ProJtctA,u
w+~
.
epp 1 DPP Fill
I I
Sotroe: 2004 aerials. Collie' Coulty properly AI:l:>raiser
Agenda Item No. 16A30
September 13, 2005
Page 7 of 8
Dense areas of melaleuca coverage
Agenda Item No. 16A30
September 13, 2005
Page 8 of 8
Sparse area of melaleuca coverage
Agenda Item No. 16A31
September 13, 2005
Page 1 of 29
EXECUTIVE SUMMARY
Recommendation to approve the Release and Satisfactions of Lien for payments
received for the following Code Enforcement actions; Pastoor Properties of Collier
County, LLC, CEB 2005-15; John Lee Arnold & Dean A. Arnold Trustees, CEB
2005-14; Martin & Holly Walsh, CEB 2004-33; Gopal Motwani, CEB 2003-34;
Manuel & Miriam Rosa, CEB 2003-19; Nancy Mills, Mary Maxwell & Vanessa M.
Uzupes, Resolution 96-520, 2002-195, 92-23, 96-169, 95-406; H. Javier & Sherry L.
Castano, Resolution 2002-171; GJ Byrne, Resolution 96-244 & 99-19; Lawrence K.
Joyce Est., Wallace L. Joyce, H. Lawrence, John J. Hubbard, Barbara J. Larson,
Patricia J. Haroskewicz, Judith J. Corso, Lauren Joyce & Richard Berman,
Resolution 2001-323, 2002-173, 2003-285, 96-321, 99-102, 2002-447, 91-490, ; Silas Bacon,
Resolution 94-195, 91-401; Silas Bacon, Jr., Resolution 2002-67; Perseco Corporation,
Empire Development of Southwest Florida, LLC, & KKCM Group, LLC, Resolution
2004-130; Capitolis Auslandische, Resolution 96-49; Horse Creek Partners L TD,
Resolution 2002-175;
OBJECTIVE:
To approve execution and recording of the Release and Satisfactions of Lien
acknowledging compliance and recovery of fines and fees related to prosecution of Code
Enforcement matters.
CONSIDERA TIONS:
,-
Reference Owner of Record Lien Amount
CEB 2005-15 Pastoor Properties of Collier County, $1,063.86
LLC
CEB 2005-14 John Lee Arnold & Dean A. Arnold $473.94
Trustees
CEB 2004-33 Martin & Holly Walsh $666.00
CEB 2003-34 Gopal Motwani $4,723.60
CEB 2003-19 Manuel & Miriam Rosa $20,000.00
Resolution 96-520 Nancy Mills, Mary Maxwell & $290.00
Vanessa M. Uzupes
Resolution 2002-195 Nancy Mills, Mary Maxwell & $425.00
Vanessa M. Uzupes
Resolution 92-23 Nancy Mills, Mary Maxwell & $290.00
Vanessa M. Uzupes
Resolution 96-169 Nancy Mills, Mary Maxwell & $399.00
Vanessa M. Uzupes
Resolution 95-406 Nancy Mills, Mary Maxwell & $254.00
Vanessa M. Uzupes
Resolution 2002-171 H. Javier & Sherry L. Castano $255.00
-
Resolution 96-244 GJ Byrne $2,445.00
Resolution 99-19
Resolution 2001-323 Lawrence K. Joyce Est., Wallace L. $255.00
Joyce, H. Lawrence, John J.
Hubbard, Barbara J. Larson,
Patricia J. Haroskewicz, Judith J.
Corso, Lauren Joyce & Richard
Berman
Resolution 2002-173 Lawrence K. Joyce Est., Wallace L. $255.00
Joyce, H. Lawrence, John J.
Hubbard, Barbara J. Larson,
Patricia J. Haroskewicz, Judith J.
Corso, Lauren Joyce & Richard
Berman
Resolution 2003-285 Wallace L. Joyce & Richard Berman $255.00
Resolution 96-321 Lawrence K. Joyce Est., Wallace L. $1,000.00
Joyce, & Richard Berman
Resolution 99-102 Lawrence K. Joyce Est., Wallace L. $245.00
Joyce, H. Lawrence, John J.
Hubbard, Barbara Showalter,
Patricia J. Haroskewicz, Judith J.
Corso, Lauren Joyce & Richard
Berman
Resolution 2002-447 Lawrence K. Joyce Est., Wallace L. $255.00
Joyce, H. Lawrence, John J.
Hubbard, Barbara J. Larson,
Patricia J. Haroskewicz, Judith J.
Corso, Lauren Joyce & Richard
Berman
Resolution 91-490 Lawrence K. Joyce Est., Wallace L. $460.00
.
Joyce, Helen Joyce& Richard
Berman
Resolution 94-195 Silas Bacon $245.00
Resolution 91-401 Silas Bacon $275.00
Resolution 2002-67 Silas Bacon, Jr. $255.00
Resolution 2004-130 Perseco Corporation, Empire $300.00
Development of Southwest Florida,
LLC, & KKCM Group, LLC
Resolution 96-49 Capitolis Auslandische $2,300.00
Resolution 2002-175 Horse Creek Partners L TD $255.00
TOTAL $37,640.40
Agenda Item No. 16A31
September 13, 2005
Page 2 of 29
Agenda Item No. 16A31
September 13, 2005
Page 3 of 29
FISCAL IMPACT:
The only expense incurred by the County is the cost of recording the Releases and
Satisfactions, which is to be approximately $10.00 per release, totaling $250.00 which is
budgeted and available in the current fiscal year Code Enforcement budget.
GROWTH MANAGEMENT IMPACT:
This request will have no impact on the County's Growth Management Plan.
LEGAL CONSIDERATION:
This request has been reviewed for legal sufficiency and has no outstanding legal
considerations.
RECOMMENDA TION:
That the Board of County Commissioners approve the Releases and Satisfactions.
PREPARED BY: Leonardo Bonanno, Operations Coordinator - Code Enforcement
Item Number:
Item Summary:
Meeting Date:
Aqend8 Item No. 16A31
, September 13, 2005
Page 4 of 29
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A31
Recomrnendahun 10 approve the Rele"se and Salisfactio1l5 of Lien for payments rel;eiv~d 101
the tollowing Code Enforcement actions: Pastoor Proper1ies of Collier Coun1y, LLC, CEB
2005-15: John Lee Arnold & Dean A, Arnold Trustees, CEB 2005.14: Martin & Holly Walsh
CEB 2004-33; Gopi'll Motwani. CEB 2003,.34; Manuel & Miriam Rosa, CEB 2003.19: N<lncy
Mills, Mary Maxwell & Vanessa M. Uzupes, Resolution 96.520, 2002.195, 92-23, 96-169,95.
406: H. Javier & Sllcrry L. Castano. Resolution 2002.171; GJ Byrne. Resolution 96.244 &
9~H9: Lawrence K. Joyce Est.. Walla(:p, L Joyce, H, Lawrence, John J. Hubhard, BiHhala J.
Larson. Patricia J HaroskeWlcz, Judith J Corso, Lauten Joyce & Richard Berman,
Resolution 2001- 323,2002.173. 2003-285. 96.321, 99-102, 2002.447. 91.-490, ; Silas Bacon,
ResolutiDIl 94..195, 91-401. Silas Bacon, Jr., Resolution 2002-67; Pe-lsecn COIporHtion
Empire Development of Southwest Florida. LLC. & KKCM Group. LLC. Resolution 2004 -'30:
Capi10lis Auslandische. Resolution 96.49; Horse Creek Parlners LTD. Resolution 2002.. 175
9113i2005 9:0000 AM
Operations Manager
o.te
Prellared B)'
Janet Powlllrs
Community De'oletopment &
Environmental Services
Code Enforcement
619120052:15:53 PM
Janel Powers
Operations Manager
Date
AIII)rOved B)'
Community Development &
En'olironmental Services
Code Enforcement
8/9/2005 5: 10 PM
Approvcd B)'
0,,",
Constance A. Johnson Oper.;rtions Analyst
e!10/200!> 7:38 AM
A pprm'cd By
Community Development & Community Development 8.
Environmental Services Environmental Servicos AdmIn
Oat.
Sandra L(!:a ExecutIve Secretary
Community Development & C()mmunity Development &
En'Jlfoornental Servu;e& Environmental Services Admm
8/10120056:47 AM
Michelle Edwards Arnold
Oat.
AI)pnl\'cd B)'
Community Development 8-
Enviromllcntnl SerVlcel;
Code- Enforcement Director
Code Enforcement
8/2212005 5:33 PM
AI1llrllvcd By
Joseph K. Schmitt
Community Devt'lopment &
EnvlronlY\(!ntal Services
Community Development 8-
Environmental Service" Adminstrator
Date
Community Development &
E.nvironmenta( SNviccs Admin
6123120055:15 PM
AdministratIve Assistant
Date
ApllrllVctl B)
OMS Coordinator
Counly Mml.'lger's OffIce
Ortlce of Management & Blldget
6124/200511:05 AM
Mark Isackson
Budget Analyst
Date
Approvcll BJ'
County Manager's OffIce
Office of M;,magonumt & Budgm
8.125/2005 4:00 PM
MIchael Smykowski
Oat,
Apllroved B~"
County M.1nager's Office
MllnagNnent & Budget Director
Office of M:mO'lgement & Budget
8129f2005 4:12 PM
ApJlroved B~'
LeoE. Dchs. Jr
Board of County
Commissioners
Deputy County Manager
DatI?
County Manager'fi OffIce
8f29/2005 4:43 PM
Agenda Item No. 16A31
September 13, 2005
Page 5 of 29
This instrument prepared by:
Leonardo Bonanno, Operations Coordinator
Code Enforcement Department
2800 N. Horseshoe Drive
Naples. Florida 34112
(239) 403-2440
RELEASE AND SATISFACTION OF LIEN
This is to certify that the claim of lien arising out of the Code Enforcement Board
Order dated May 3, 2005, a certified copy of which was recorded in O.R. Book 3794,
Pages 2391, et seq., on 5/10/2005, of the Public Records of Collier County, Florida,
against the following described real property, and all other real and personal property
located in Collier County, owned by Pastoor Properties of Collier County, LLC, has been
discharged in full.
Vanderbilt Galleria, Unit 102, a condominium according to the
Declaration of Condominium recorded in OR Book 2862 Page 2103
Folio No.
Cost:
Reference:
79315000043
$1,063.86
CEB 2005-15
The undersigned is authorized to and does hereby release this lien as to the whole
of the above-described real property, and all other real and personal property owned by
Pastoor Properties of Collier County, LLC, and consents to this lien being discharged of
record.
Dated this
day of
,2005.
ATIEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
, Deputy Clerk
By:
FRED W. COYLE, CHAIRMAN
By:
Appr ved as to form and
legal uffic'
Jeffre
Assist
Agenda Item No. 16A31
September 13, 2005
Page 6 of 29
This instrument prepared by:
Leonardo Bonanno. Operations Coordinator
Code Enforcement Department
2800 N. Horseshoe Drive
Naples. Florida 34112
(239) 403-2440
RELEASE AND SATISFACTION OF LIEN
This is to certify that the claim of lien arising out of the Code Enforcement Board
Order dated AprilS, 2005, a certified copy of which was recorded in O.R. Book 3771,
Pages 3470, et seq., on April 11, 2005, of the Public Records of Collier County, Florida,
against the following described real property, and all other real and personal property
located in Collier County, owned by John Lee Arnold and Dean A. Arnold, Trustees, has
been discharged in full.
The Real Property located at 3584-3586 Mercantile Avenue, Naples as
described in O.R. Book 2382, Page 2804, of the Public Records of Collier
County, Florida.
Folio No.
Cost:
Reference:
00275040002
$473.94
CBB 2005-14
The undersigned is authorized to and does hereby release this lien as to the whole
of the above-described real property, and all other real and personal property owned by
John Lee Arnold and Dean A. Arnold, Trustees, and consents to this lien being
discharged of record.
Dated this
day of
,2005.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk
By:
FRED W. COYLE, CHAIRMAN
form and
Agenda Item No. 16A31
September 13, 2005
Page 7 of 29
This instrument prepared by:
Leonardo Bonanno. Operations Coordinator
Code Enforcement Department
2800 N. Horseshoe Drive
Naples, Florida 34112
(239) 403-2440
RELEASE AND SATISFACTION OF LIEN
This is to certify that the claim of lien arising out of the Code Enforcement Board
Order dated 6/112005, a certified copy of which was recorded in O.R. Book 3818, Pages
2100, et seq., on 6/1012005, of the Public Records of Collier County, Florida, against the
following described real property, and all other real and personal property located in
Collier County, owned by Martin and Holly Walsh, has been discharged in full.
Lot 19 Block C Sabal Lake Unit One according to plat book 15 pages 1-2
Folio No.
Cost:
Reference:
71755010183
$666.00
CEB 2004-33
The undersigned is authorized to and does hereby release this lien as to the whole
of the above-described real property, and all other real and personal property owned by
Martin and Holly Walsh, and consents to this lien being discharged of record.
Dated this
day of
,2005.
ATTEST:
DWIGIIT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER .COUNTY, FLORIDA
By:
By:
FRED W. COYLE, CHAIRMAN
, Deputy Clerk
Agenda Item No. 16A31
September 13, 2005
Page 8 of 29
This instrument prepared by:
Leonardo Bonanno, Operations Coordinator
Code Enforcement Department
2800 N. Horseshoe Drive
Naples. Florida 34112
(239) 403-2440
RELEASE AND SATISFACTION OF LIEN
This is to certify that the claim of lien arising out of the Code Enforcement Board
Order dated January 27,2004, a certified copy of which was recorded in O.R. Book 3495,
Pages 0803, et seq., on February 4, 2004, of the Public Records of Collier County,
Florida, against the following described real property, and all other real and personal
property located in Collier County, owned by Gopal Motwani has been discharged in full.
The real property located .at 12327 Union Road, Naples, Florida, more
specifically described in the deed recorded in Official Record Book 3006,
Pages 2238, et seq., of the Public Records of Collier County.
Folio No. 01058920500
Cost: $4,723.60
Reference: CEB No. 2003-034
The undersigned is authorized to and does hereby release this lien as to the whole
of the above-described real property, and all other real and personal property owned by
Gopal Motwani, and consents to this lien being discharged of record.
Dated this
day of
,2005.
A TIEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY CD:MMISSIONERS
COLLIER COUNTY, FLORIDA
, Deputy Clerk
By:
FRED W. COYLE, CHAIRMAN
By:
Agenda Item No. 16A31
September 13, 2005
Page 9 of 29
This instrument prepared by:
Leonardo Bonanno. Operations Coordinator
Code Enforcement Department
2800 N. Horseshoe Drive
Naples, Florida 34112
(239) 403-2440
RELEASE AND SATISFACTION OF LIEN
This is to certify that the claim of lien arising out of the Code Enforcement Board
Order dated March 2, 2004, a certified copy of which was recorded in O.R. Book 3515,
Pages 1408, et seq., on March 8, 2004, of the Public Records of Collier County, Florida,
against the following described real property, and all other real and personal property
located in Collier County, owned by Manuel and Miriam Rosa has been discharged in
full.
The real property located at 3101 54th Street SW, Naples, Florida, more
specifically described in the deed recorded in Official Record Book 2443,
Pages 0497, et seq., of the Public Records of Collier County.
Folio No. 364334??oo5
Cost: $20,000.00
Reference: CEB No. 2003-019
The undersigned is authorized to and does hereby release this lien as to the whole
of the above-described real property, and all other real and personal property owned by
Manuel and Miriam Rosa, and consents to this lien being discharged of record.
Dated this
day of
.2005.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
, Deputy Clerk
FRED W. COYLE, CHAIRMAN
App
legal
J effre
Assis
w......_.~..'-,.>_.
Agenda Item No. 16A31
September 13, 2005
Page 10 of 29
This instrument prepared by:
Leonardo Bonanno, Operations Coordinator
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 403-2440
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a
certain lien by Resolution No. 96-520 against Nancy E. Mills and:
Mary Maxwell
1482 Blue Point Ave
Naples, FL 34102
and current owner: Vanessa M. Uzupes
POBox 10853
Naples, FL 34101
The lien was recorded on 12/30/1996, Official Record Book 2266 Page(s) 170, in the
Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida.
The lien secures the principal sum of Five hundred eighty-one dollars and eighteen
cents, plus accrued interest and penalties, if any, and imposes certain obligation against
real property situated in Collier County, Florida, which property is described as follows:
Lake Kelly Unit 2 Lots 7 & 8
Cost: $290.00
Folio: 53350240004
Reference: 60528-066
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby
cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of the Satisfaction
of Lien, by action of the Board on this day of , 2005.
ATTEST
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Deputy Clerk
FRED W. COYLE, Chairman
Approved as to form and legal sufficiency
\L>~ '?~
\
Thomas C. Palmer
Assistant County Attorney
..,......~
Agenda Item No. 16A31
September 13, 2005
Page 11 of 29
This instrument prepared by:
Leonardo Bonanno, Operations Coordinator
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 403-2440
SA TlSF ACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a
certain lien by Resolution No. 2002-195 against Namcy E. Mills and:
Mary Maxwell
1482 Blue Point Ave
Naples, FL 34102
and current owner: Vanessa M. Uzupes
POBox 10853
Naples, FL 34101
The lien was recorded on 5/14/2002, Official Record Book 3036 Page(s) 1502, in the
Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida.
The lien secures the principal sum of Five hundred seventy-six dollars and twelve cents,
plus accrued interest and penalties, if any, and imposes certain obligation against real
property situated in Collier County, Florida, which property is described as follows:
Lake Kelly Unit 2 Lots 7 & 8
Cost: $425.00
Reference: 2097
Folio: 53350240004
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby
cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of the Satisfaction
of Lien, by action of the Board on this day of , 2005.
ATTEST
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Deputy Clerk
FRED W. COYLE, Chairman
Approved as to form and legal sufficiency
~~~
Thomas C. Palm r
Assistant County Attorney
"""-...r^.....~._,.~
Agenda Item No. 16A31
September 13, 2005
Page 12 of 29
This instrument prepared by:
Leonardo Bonanno, Operations Coordinator
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 403-2440
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a
certain lien by Resolution No. 92-23 against Nancy E. Mills and:
Mary Maxwell
1482 Blue Point Ave
Naples, FL 34102
and current owner: Vanessa M. Uzupes
POBox 10853
Naples, FL 34101
The lien was recorded on 2/26/1992, Official Record Book 1690 Page(s) 924, in the
Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida.
The lien secures the principal sum of Seven hundred fifty dollars and twenty cents, plus
accrued interest and penalties, if any, and imposes certain obligation against real
property situated in Collier County, Florida, which property is described as follows:
Lake Kelly Unit 2 Lots 7 & 8
Cost: $290.00
Reference: 91-08-00909
Folio: 53350240004
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby
cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of the Satisfaction
of Lien, by action of the Board on this day of , 2005.
ATTEST
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, Chairman
Deputy Clerk
Approved as to form and legal sufficiency
~~~
Thomas C. Palmer
Assistant County Attorney
Agenda Item No. 16A31
September 13, 2005
Page 13 of 29
This instrument prepared by:
Leonardo Bonanno, Operations Coordinator
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 403-2440
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a
certain lien by Resolution No. 96-169 against Nancy E. Mills and:
Mary Maxwell
1482 Blue Point Ave
Naples, FL 34102
and current owner: Vanessa M. Uzupes
POBox 10853
Naples, FL 34101
The lien was recorded on 5/6/1996, Official Record Book 2179 Page(s) 34, in the Official
Records Office of the Clerk of the Circuit Court of Collier County, State of Florida. The
lien secures the principal sum of Eight hundred twenty-seven dollars and sevnty-two
cents, plus accrued interest and penalties, if any, and imposes certain obligation against
real property situated in Collier County, Florida, which property is described as follows:
Lake Kelly Unit 2 Lots 7 & 8
Cost: $399.00
Reference: 50921-095
Folio: 53350240004
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby
cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist.
IN WITNESS WHEREOF, the Board of C1Junty Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of the Satisfaction
of Lien, by action of the Board on this day of , 2005.
ArrEST
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, Chairman
Deputy Clerk
Approved as to form and legal sufficiency
~~~~
Thomas C. Palmer
Assistant County Attorney
i..,....,~'.............,.-
Agenda Item No. 16A31
September 13, 2005
Page 14 of 29
This instrument prepared by:
Leonardo Bonanno, Operations Coordinator
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 403-2440
SATISFACTION OF UEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a
certain lien by Resolution No. 95-406 against Nancy E. Mills and:
Mary Maxwell
1482 Blue Point Ave
Naples, FL 34102
and current owner: Vanessa M. Uzupes
POBox 10853
Naples, FL 34101
The lien was recorded on 8/28/1995, Official Record Book 2093 Page(s) 952, in the
Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida.
The lien secures the principal sum of Five hundred forty-six dollars and ninety-one cents,
plus accrued interest and penalties, if any, and imposes certain obligation against real
property situated in Collier County, Florida, which property is described as follows:
Lake Kelly unit 2 lots 7 & 8
Cost: $254.00
Reference: 50124-009
Folio: 53350240004
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby
cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of the Satisfaction
of Lien, by action of the Board on this day of ,2005.
ATTEST
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Deputy Clerk
FRED W. COYLE, Chairman
Approved as to form and legal sufficiency
w~ ~UA---
Thomas C. Palmer
Assistant County Attorney
."," _.~. ',-. ~...-./-.~--'-~ ~_.,'.. "."...."...--.....~.l
Agenda Item No. 16A31
September 13, 2005
Page 15 of 29
This instrument prepared by:
Leonardo Bonanno, Operations Coordinator
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 403-2440
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the' owner and holder of a
certain lien by Resolution No. 2002-171 against:
H. Javier Castano & Sherry L.
8235 Wilshire Lakes Blvd.
Naples, FL 34109
The lien was recorded on 04/30/2002, Official Record Book 3027 Page(s) 2701-2702, in
the Official Records of Collier County, State of Florida. The lien secures the principal
sum of Two Hundred and Fifty Five Dollars, plus accrued interest and penalties, if any,
and imposes certain obligation against real property situated in Collier County, Florida,
which property is described as follows:
Lots 14,15,36,37 and 38, Block 17, NAPLES PARK, Unit 2,
Recorded in Plat Book 2, Page 107
Cost: $255.00
Reference: 2054
Folio: 62570420006
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby
cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of the Satisfaction
of Lien, by action of the Board on this day of , 2005.
ATTEST
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
Deputy Clerk
FRED W. COYLE, Chairman
Approved as to fonn and legal sufficiency
~~
Thomas C. Palmer
Assistant County Attorney
Agenda Item No. 16A31
September 13, 2005
Page 16 of 29
This instrument prepared by:
Leonardo Bonanno, Operations Coordinator
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 403-2440
SA TISF ACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of
certain liens by Resolution No. 96-244 and 99-19 against:
GJ BYRNE
P.O. Box 958
Pocono Pines, PA 18650
The liens were recorded on 06/28/1996 and 02/22/1999, Official Record Book 2200
Page(s) 1217 and Book 2515 Page(s) 920, in the Official Records of Collier County,
State of Florida. The lien secures the principal sum of Two Thousand Four Hundred
Forty Five Dollars, plus accrued interest and penalties, if any, and imposes certain
obligation against real property situated in Collier County, Florida, which property is
described as follows:
Lot 27, Block 4, Marco Higland Subdivision, Recorded in Plat Book 3,
Page 72 of the Public Records of Collier County, Florida
Cost: $2,445.00
Reference: 51004-046/80327-064 Folio: 59082600000
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction of Lien, acknowledges payment as full satisfaction of the liens and hereby
cancels said liens.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
Official Records of Collier County, Florida, to acknowledge that the liens cease to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of the Satisfaction
of Lien, by action of the Board on this day of , 2005.
ATTEST
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
Deputy Clerk
FRED W. COYLE, Chairman
Approved as to form and legal sufficiency
~ ~Ju..----
Thomas C. Palmer
Assistant County Attorney
Agenda Item No. 16A31
September 13, 2005
Page 17 of 29
This instrument prepared by:
Leonardo Bonanno, Operations Coordinator
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 403-2440
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a
certain lien by Resolution No. 2001-323 against Lawrence K. Joyce Est., and Wallace L.
Joyce, Lawrence H., John J. Hubbard, Barbara J. Larson, Patricia J. Haroskewicz,
Judith J. Corso and Lauren Joyce, c/o:
Joyce ET AL, Wallace Landon
506 Quinipac Ave
North Haven, CT 06473
and current owner:
Richard F. Berman
611 1 st Street, Southwest
Naples, Florida 34117
The lien was recorded on 10/3/2001, Official Record Book 2901 Page(s) 1763, in the
Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida.
The lien secures the principal sum of Three hundred sixty-nine dollars and thirty-nine
cents, plus accrued interest and penalties, if any, and imposes certain obligation against
real property situated in Collier County, Florida, which property is described as follows:
South Tamiami Hgts Blk D Lot 6
Cost: $255.00
Reference: 918260 Folio: 74412240002
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby
cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of the Satisfaction
of Lien, by action of the Board on this day of , 2005.
ATTEST
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Deputy Clerk
FRED W. COYLE, Chairman
Approved as to form and legal sufficiency
\~, p~
Thomas C. Palmer
Assistant County Attorney
Agenda Item No. 16A31
September 13, 2005
Page 18 of 29
This instrument prepared by:
Leonardo Bonanno, Operations Coordinator
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 403-2440
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a
certain lien by Resolution No. 2002-173 against Lawrence K. Joyce Est. and Wallace L.
Joyce, Lawrence H., Joan J. Hubbard, Barbara J. Larson, Patricia J. Haroskewicz,
Patricia J. Corso, Judith J. Corso and Lauren Joyce, c/o:
Joyce ET AL, Wallace Landon
506 Quinipac Ave
North Haven, CT 06473
and current owner:
Richard F. Berman
611 1st Street, Southwest
Naples, Florida 34117
The lien was recorded on 4/30/2002, Official Record Book 3027 Page{s) 2705, in the
Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida.
The lien secures the principal sum of Three hundred fifty-one dollars and sixty-seven
cents, plus accrued interest and penalties, if any, and imposes certain obligation against
real property situated in Collier County, Florida, which property is described as follows:
South Tamiami Hgts Blk D Lot 6
Cost: $255.00
Reference: 919117 Folio: 74412240002
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby
cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of the Satisfaction
of Lien, by action of the Board on this day of , 2005.
ATTEST
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, Chai011an
Deputy Clerk
Approved as to fo011 and legal sufficiency
~~
~-
Thomas C. Palmer
Assistant County Attorney
Agenda Item No. 16A31
September 13, 2005
Page 19 of 29
This instrument prepared by:
Leonardo Bonanno, Operations Coordinator
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 403-2440
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a
certain lien by Resolution No. 2003-285 against:
Joyce ET AL, Wallace Landon
506 Quinipac Ave
North Haven, CT 06473
and current owner:
Richard F. Berman
611 1st Street, Southwest
Naples, Florida 34117
The lien was recorded on 9/15/2003, Official Record Book 3396 Page(s) 2764, in the
Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida.
The lien secures the principal sum of Three hundred nineteen dollars and fifty-nine
cents, plus accrued interest and penalties, if any, and imposes certain obligation against
real property situated in Collier County, Florida, which property is described as follows:
Cost: $255.00
South Tamiami Hgts Blk D Lot 6
Reference: 920070 Folio: 74412240002
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby
cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of the Satisfaction
of Lien, by action of the Board on this day of , 2005.
ATTEST
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, Chairman
Deputy Clerk
Approved as to form and legal sufficiency
<\'~- ~~
Thomas~c;. Palmer
Assistant County Attorney
Agenda Item No. 16A31
September 13, 2005
Page 20 of 29
This instrument prepared by:
Leonardo Bonanno, Operations Coordinator
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 403-2440
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a
certain lien by Resolution No. 96-321 against Lawrence K. Joyce Estate, c/o:
Joyce ET AL, Wallace Landon
506 Quinipac Ave
North Haven, CT 06473
and current owner:
Richard F. Berman
611 1 st Street, Southwest
Naples, Florida 34117
The lien was recorded on 8/23/1996, Official Record Book 2220 Page(s) 1869, in the
Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida.
The lien secures the principal sum of Two thousand fifty-nine dollars and forty-four
cents, plus accrued interest and penalties, if any, and imposes certain obligation against
real property situated in Collier County, Florida, which property is described as follows:
South Tamiami Hgts Blk D Lot 6
Cost: $1,000.00
Reference: 817879 Folio: 74412240002
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby
cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of the Satisfaction
of Lien, by action of the Board on this day of ,2005.
ATTEST
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, Chairman
Deputy Clerk
Approved as to form and legal sufficiency
1 LMA. 0~
Thomas C. Palmer
Assistant County Attomey
~,- . -,. .........,_....~.- ~.. --.'. ....----"......
----,---------
Agenda Item No. 16A31
September 13, 2005
Page 21 of 29
This instrument prepared by:
Leonardo Bonanno, Operations Coordinator
Code Enforcement Department
2800 North Horseshoe Drive
Naples, Fl 34104
(239) 403-2440
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a
certain lien by Resolution No. 99-102 against Wallace L. Joyce, Lawrence Joyce, Joan
H. Hubbard, Barbara Showalter, Patricia Harkowewicz, Judith J. Corso, and lauren K.
Bowers, c/o:
Joyce ET Al, Wallace Landon
506 Quinipac Ave
North Haven, CT 06473
and current owner:
Richard F. Berman
611 1st Street, Southwest
Naples, Florida 34117
The lien was recorded on 3/16/1999, Official Record Book 2523 Page(s) 3433, in the
Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida.
The lien secures the principal sum of Four hundred thirty dollars and eighty-four cents,
plus accrued interest and penalties, if any, and imposes certain obligation against real
property situated in Collier County, Florida, which property is described as follows:
South Tamiami Hgts Blk D Lot 6
Cost: $245.00
Reference: 916411 Folio: 74412240002
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction of lien, acknowledges payment as full satisfaction of the lien and hereby
cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. .
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of the Satisfaction
of lien, by action of the Board on this day of , 2005.
ATTEST
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, Chairman
Deputy Clerk
Approved as to form and legal sufficiency
~~~~
Thomas C. Palmer
Assistant County Attorney
-
.....__........,.....-._....-..._-...~....,._... '-'..'
Agenda Item No. 16A31
September 13, 2005
Page 22 of 29
This instrument prepared by:
Leonardo Bonanno, Operations Coordinator
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 403-2440
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a
certain lien by Resolution No. 2002-447 against Lawrence K. Joyce Est. and Wallace L.
Joyce, Lawrence H., Joan J. Hubbard, Barbara J. Larson, Patricia J. Haroskewicz,
Judith J. Corso and Lauren Joyce, c/o:
Joyce ET AL, Wallace Landon
506 Quinipac Ave
North Haven, CT 06473
Richard F. Berman
611 1 st Street, Southwest
Naples, Florida 34117
and current owner:
The lien was recorded on 11/27/2002, Official Record Book 3163 Page(s) 732, in the
Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida.
The lien secures the principal sum of Three hundred thirty-six dollars and thirty-seven
cents, plus accrued interest and penalties, if any, and imposes certain obligation against
real property situated in Collier County, Florida, which property is described as follows:
South Tamiami Hgts Blk D Lot 6
Cost: $255.00
Reference: 2172
Folio: 74412240002
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby
cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of the Satisfaction
of Lien, by action of the Board on this day of , 2005.
ATTEST
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Deputy Clerk
FRED W. COYLE, Chairman
Approved as to form and legal sufficiency
~~~
Thomas C. Palmer
Assistant County Attorney
Agenda Item No. 16A31
September 13, 2005
Page 23 of 29
This instrument prepared by:
Leonardo Bonanno, Operations Coordinator
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 403-2440
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a
certain lien by Resolution No. 91-490 against Lawrence K. and Helen M. Joyce, c/o:
Joyce ET AL, Wallace Landon
506 Quinipac Ave
North Haven, CT 06473
and current owner:
Richard F. Berman
611 1st Street, Southwest
Naples, Florida 34117
The lien was recorded on 7/23/1991, Official Record Book 000 Page(s) 177/178, in the
Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida.
The lien secures the principal sum of One thousand two hundred twenty-eight dollars
and forty-six cents, plus accrued interest and penalties, if any, and imposes certain
obligation against real property situated in Collier County, Florida, which property is
described as follows:
South Tamiami Hgts Blk D Lot 6
Cost: $460.00
Reference: 91-02-02-02189
Folio: 74412240002
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby
cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of the Satisfaction
of Lien, by action of the Board on this day of , 2005.
ATTEST
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, Chairman
Deputy Clerk
Approved as to form and legal sufficiency
~~
Thoma C. Palmer
Assistant County Attorney
Agenda Item No. 16A31
September 13, 2005
Page 24 of 29
This instrument prepared by:
Leonardo Bonanno, Operations Coordinator
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 403-2440
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a
certain lien by Resolution No. 94-195 against:
Silas Bacon
PO Box 51412
Fort Myers, FL 33994
The lien was recorded on 5/5/1994, Official Record Book 1943 Page(s) 2222, in the
Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida.
The lien secures the principal sum of Three hundred forty-seven dollars and Seventy-
four cents, plus accrued interest and penalties, if any, and imposes certain obligation
against real property situated in Collier County, Florida, which property is described as
follows:
Lot 20 Pine Grove Subdivision of the town of Immokalee
Cost: $245.00
Reference: 30810-066
Folio: 66930680000
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby
cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of the Satisfaction
of Lien, by action of the Board on this day of , 2005.
ATTEST
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Deputy Clerk
FRED W. COYLE, Chairman
Approved as to form and legal sufficiency
~JP~
Thomas C. Palmer
Assistant County Attorney
_...::::'.:'::.:,........,,;.,..~~
Agenda Item No. 16A31
September 13, 2005
Page 25 of 29
This instrument prepared by:
Leonardo Bonanno, Operations Coordinator
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 403-2440
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a
certain lien by Resolution No. 91-401 against:
Silas Bacon
PO Box 51412
Fort Myers, FL 33994
The lien was recorded on 6/28/1991, Official Record Book 1628 Page(s) 0711, in the
Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida.
The lien secures the principal sum of Five hundred seventeen dollars and twenty-six
cents, plus accrued interest and penalties, if any, and imposes certain obligation against
real property situated in Collier County, Florida, which property is described as follows:
Lot 20 Pine Grove subdivision of the town of Immokalee
Cost: $275.00
Reference: 91-01-00789
Folio: 66930680000
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby
cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist.
IN WITNESS WHERE0F, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of the Satisfaction
of Lien, by action of the Board on this day of , 2005.
ATTEST
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Deputy Clerk
FRED W. COYLE, Chairman
Approved as to form and legal sufficiency
~~~
Thomas C. Palmer
Assistant County Attorney
Agenda Item No. 16A31
September 13, 2005
Page 26 of 29
This instrument prepared by:
Leonardo Bonanno, Operations Coordinator
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 403-2440
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a
certain lien by Resolution No. 2002-67 against Silas Bacon, Sr., c/o:
Silas Bacon Jr.
PO Box 51412
Fort Myers, FL 33994
The lien was recorded on 3/6/2002, Official Record Book 2993 Page(s) 3096, in the
Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida.
The lien secures the principal sum of Three hundred forty-eight dollars and twenty-eight
cents, plus accrued interest and penalties, if any, and imposes certain obligation against
real property situated in Collier County, Florida, which property is described as follows:
Pine Grove Lots 21 & 22
Cost: $255.00
Reference: 918707 Folio: 66930720009
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby
cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of the Satisfaction
of Lien, by action of the Board on this day of , 2005.
ATTEST
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, Chairman
Deputy Clerk
Approved as to form and legal sufficiency
\~ ()~
Thomas C. Parmer
Assistant County Attorney
Agenda Item No. 16A31
September 13, 2005
Page 27 of 29
This instrument prepared by:
Leonardo Bonanno, Operations Coordinator
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 403-2440
SA TISF ACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a
certain lien by Resolution No. 2004-130 against Perseco Corp. and:
Empire Development of Southwest Florida, LLC, 1924 Santa Barbara Blvd., Suite #1,
Naples, FL 34116 and
Current Owner: KKCM Group, LLC, 975 6th Ave. South, Suite 200, Naples, FL 34102
The lien was recorded on 5/20/2004, Official Record Book 3568 Page(s) 3567, in the
Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida.
The lien secures the principal sum of Three hundred forty-one dollars and ninety-eight
cents, plus accrued interest and penalties, if any, and imposes certain obligation against
real property situated in Collier County, Florida, which property is described as follows:
Golden Gate unit 5 all that part of blk 154
Cost: $300.00
Reference: 2475
Folio: 36232120007
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby
cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of the Satisfaction
of Lien, by action of the Board on this day of , 2005.
ATTEST
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Deputy Clerk
FRED W. COYLE, Chairman
Approved as to form and legal sufficiency
~ ~k---
Thomas ~. Palmer
Assistant County Attorney
Agenda Item No. 16A31
September 13, 2005
Page 28 of 29
This instrument prepared by:
Leonardo Bonanno, Operations Coordinator
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 403-2440
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a
certain lien by Resolution No. 96-49 against:
Capitolis Auslandische
Liegenaschaften AG Sauerwiesweg 8
6200 Wiesbaden Germany
The lien was recorded on 3/15/96, Official Record Book 2159 Page(s) 870, in the Official
Records of Collier County, State of Florida. The lien secures the principal sum of Two
Thousand Three Hundred Dollars, plus accrued interest and penalties, if any, and
imposes certain obligation against real property situated in Collier County, Florida, which
property is described as follows:
Lot 32, Block 3, Naples Park, Unit NO.1 Plat Book 1, Page 106
Cost: $2300.00
Reference: 50626-075
Folio: 62411360005
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby
cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of the Satisfaction
of Lien, by action of the Board on this day of I 2005.
ATTEST
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
Deputy Clerk
FRED W. COYLE, Chairman
Approved as to form and legal sufficiency
~- (>~
Thomas . Palmer
Assistant County Attorney
Agenda Item No. 16A31
September 13, 2005
Page 29 of 29
This instrument prepared by:
Leonardo Bonanno, Operations Coordinator
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 403-2440
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a
certain lien by Resolution No. 2002-175 against Palm River Estates, Inc., and current
owner:
Horsecreek Partners L TD
1166 Dimock Ln
Naples, FL 34110
The lien was recorded on 4/30/2002, Official Record Book 3027 Page(s) 2709/2710, in
the Official Records Office of the Clerk of the Circuit Court of Collier County, State of
Florida. The lien secures the principal sum of Two Hundred and Fifty Five Dollars, plus
accrued interest and penalties, if any, and imposes certain obligation against real
property situated in Collier County, Florida, which property is described as follows:
Palm River Estates Unit 2 Lot 856
Cost: $255.00
Reference: 2017
Folio: 65274720009
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby
cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of the Satisfaction
of Lien, by action of the Board on this day of , 2005.
ATTEST
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Deputy Clerk
FRED W. COYLE, Chairman
Approved as to form and legal sufficiency
Thoma~J~~---
Assistant County Attorney
Agenda Item No. 16A32
September 13, 2005
Page 1 of 25
EXECUTIVE SUMMARY
Recommendation to approve Resolutions and Legal Notice(s) of Assessment of Lien
against those properties in violation of Ordinance 99-51 for the direct costs incurred
by Collier County for the abatement of certain nuisances.
OBJECTIVE:
To approve execution and recording of the Resolutions assessing the direct costs of
abatement of certain nuisances.
CONSIDERATIONS:
.-
Reference Owner of Record Lien Amount
2684 Margarita Munoz $255.00
2711 Carlos Walton, Dorville Carrington $255.00
& Hayley Carrin~ton-Walton
2718 Rosemarie D. Pol umbo $255.00
2723 Ramon Mesa $1,600.00
2726 Ramon Mesa $1,800.00
2732 George T. & Veronica M. $255.00
Catrombon
2734 Candelaria Francisco & Angelica $255.00
Miquel
2737 Peggy H. Taylor $255.00
.
2738 Luis Antonio Maccou $255.00
2741 Lloyd L. Bowein $255.00
2742 ACI Development, LC $255.00
TOTAL $5,695.00
FISCAL IMPACT:
The only expense incurred by the County is the cost of recording the Resolutions and
Legal Notice(s) of Assessment of Lien, totaling $203.50, which is budgeted and available
in the current fiscal year Code Enforcement budget.
-
GROWTH MANAGEMENT IMPACT:
This request will have no impact on the County's Growth Management Plan.
Agenda Item No. 16A32
September 13, 2005
Page 2 of 25
LEGAL CONSIDERATION:
This request has been reviewed for legal sufficiency and has no outstanding legal
considerations.
RECOMMENDATION:
That the Board of County Commissioners approve the Resolutions and Legal Notice(s) of
Assessment of Lien
PREPARED BY: Leonardo Bonanno, Operations Coordinator - Code Enforcement
-,
AQencla Item No 16A32
~ Seplemuer l:t 2005
Page 3 of 25
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
ttem Number:
Item Summary:
16A32
Rel'..ommerldalion to approve Resolutions and legal No1ice(s) of Assessment of lien <l~ainst
those properties in violation 01 Ordinance 9951 for th;: dIrect costs incuned by Collier County
for the abatement 01 certain nuisances
Meeting Date:
9/13/2005 9:00:00 AM
Prepared B)o'
Janet Powers
Communit~ Oc....elopmen1 &
Envlronmen1al ServIces
Opera1lons Manager
Date
Code Enlorcement
6/22/20054:08:47 PM
Approved By
$nndra lell EJ(ecutive Secretary
community Development & Community Development 8.
Environmental Services Envlromnentlll Services Admin
Date
81231200512:14 PM
Approved B)'
Con&tance A. John5on Operations Anbtyst
Community Development & Community Development &
Environmental Services Environmcn1nl Services Admin,
Dorte
8/23120051:27 PM
Approved By
Michelle Edwards Arnold
Communi1Y Development 8.
Environmental Se-rvlcel>
Code Enforce~nt Director
Date
Code Enforcemen1
8/23/2005 2:44 PM
Appro'\'ed B)'
Joseph K. Schmitt
Community Development 8.
Envlronment.11 Services Admins1rator
Date
Community Development &
Environmental Services
Community Development &
Envlronmt:.'ntal Services Admin.
8123120055:30 PM
Approved B)'
OMB Coordinator
Administrative A:s!iistant
Date
County Manager's Office
Oftlce of Management & Budget
8(2412005 11:04 AM
Approved B)'
Mark Isackson
Budget Analyst
Dorte
County Man,]~r's Office
Office of Management 8. Budget
{l12512005 4:07 PM
Apl.rClvcd By
Michael Smvkowski
Management &. 8ud~let DIrector
Date
County Manager's Office
Offic~l of Mandgement &. Budget
812912005 3:56 PM
Allllruvcd B~'
J1llnes V. Mudd
Board of County
CommiSSioners
County Manager
Date
County Manager's Offico
6130120051:27 PM
RESOLUTION NO. 2005-_
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS PROVIDING FOR THE
ASSESSMENT OF LIEN FOR THE COST OF
THE ABATEMENT OF PUBLIC NUISANCE, IN
ACCORDANCE WITH ORDINANCE No. 99-51,
AS AMENDED
Agenda Item No 16A32
September 13. 2005
Page 4 of 25
WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47,
as amended, the direct costs of abatement of certain nuisances, including prescribed administrative
cost incurred by the County, shall be assessed against such property; and
WHEREAS, the cost thereof to the County as to each parcel shall be calculated and
reported to the Board of County Commissioners, together with a description of said parcel; and
WHEREAS, such assessment shall be a legal, valid and binding obligation upon the
property against which made until paid; and
WHEREAS, the assessment shall become due and payable no later than twenty (20)
days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance
beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows,
having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said
property, is hereby assessed the following costs of such abatement, to wit:
NAME: MARGARITA MUNOZ
LEGAL DESCRIPTION: Block A Myrtle Cove 32-50-26 that port sec 32 together with that port It
31, more specifically described in the deed recorded in Official Record Book 3316, Page 500 of the
Public Records of Collier County, Florida, a.k.a. 5400 Treetops Drive.
COST: $255.00 REFERENCE: 2684 FOLIO: 00440000000
The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice
of Assessment of Lien to the owner(s) of the above-described property. Ifwithin twenty (20) days of
the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the
Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and
by recording shall constitute a lien against the above-described real property, and to the extent
allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted
property owner(s) in Collier County.
This Resolution passed and duly adopted by the Board of County Commissioners of
Collier County, Florida, this _ day of 2005.
A TIEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
DEPUTY CLERK
BY:
FRED W. COYLE, CHAIRMAN
Approved as to form and
legal sufficiency:
~O~~
Thomas . Palmer, Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
THROUGH ITS CODE ENFORCEMENT DEPARTMENT
COLLIER COUNTY, FLORIDA
LEGAL NOTICE OF ASSESSMENT OF LIEN
Agenda Item No. 16A32
September 13, 2005
Page 5 of 25
MARGARITA MUNOZ
4049 Estey Avenue
Naples, FL 34104
REFERENCE 2684 FOLIO 00440000000 RESOLUTION 2005-_
LEGAL DESCRIPTION: Block A Myrtle Cove 32-50-26 that port sec 32 together with that port It
31, more specifically described in the deed recorded in Official Record Book 3316, Page 500 of the
Public Records of Collier County, Florida, a.k.a. 5400 Treetops Drive.
You, as the owner(s) of the property above-described, as recorded in the records
maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement
Director, did determine a public nuisance existed and constituted a violation of county regulations on
December 29, 2004, and ordered the abatement of a certain nuisance existing on the above property
prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is:
PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON-
PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT.
You failed to abate such nuisance; whereupon, it was abated by the expenditure of
public funds at a direct cost of Fifty-Five ($55.00) dollars plus an administrative cost of Two
Hundred ($200.00) dollars for a total of Two Hundred Fifty-Five ($255.00).
Such cost, by Resolution of the Board of County Commissioners of Collier County,
Florida, shall become a lien on your property when recorded after approval by the Board.
FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN TmS NOTICE MAY RESULT
IN A LIEN AGAINST ~ OF YOUR PROPERTY IN COLLIER COUNTY.
RESOLUTION NO. 2005-_
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS PROVIDING FOR THE
ASSESSMENT OF LIEN FOR THE COST OF
THE ABATEMENT OF PUBLIC NUISANCE, IN
ACCORDANCE WITH ORDINANCE No. 99-51,
AS AMENDED
Agenda Item No. 16A32
September 13, 2005
Page 6 of 25
WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47,
as amended, the direct costs of abatement of certain nuisances, including prescribed administrative
cost incurred by the County, shall be assessed against such property; and
WHEREAS, the cost thereof to the County as to each parcel shall be calculated and
reported to the Board of County Commissioners, together with a description of said parcel; and
WHEREAS, such assessment shall be a legal, valid and binding obligation upon the
property against which made until paid; and
WHEREAS, the assessment shall become due and payable no later than twenty (20)
days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance
beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows,
having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said
property, is hereby assessed the following costs of such abatement, to wit:
NAME: CARLOS W AL TON AND DORVILLE CARRINGTON AND HAYLEY
CARRINGTON- W AL TON
LEGAL DESCRIPTION: Lots 1,2 and North 20ft oflot 3, Block A, Haldeman River Subdivision,
more specifically described in the deed recorded in Official Record Book 3606, Page 1336 of the
Public Records of Collier County, Florida, a.k.a. 2656 PINE STREET.
COST: $255.00 REFERENCE: 2711 FOLIO: 48730040004
The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice
of Assessment ofUen to the owner(s) of the above-described property. Ifwithin twenty (20) days of
the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the
Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and
by recording shall constitute a lien against the above-described real property, and to the extent
allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted
property owner(s) in Collier County.
This Resolution 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:
DEPUTY CLERK.
BY:
FRED W. COYLE, CHAIRMAN
Approved as to form and
legal sufficiency:
~~ ?~
Thomas . Palmer, ASSistant County Attorney
BOARD OF COUNTY COMMISSIONERS
THROUGH ITS CODE ENFORCEMENT DEPARTMENT
COLLIER COUNTY, FLORIDA
LEGAL NOTICE OF ASSESSMENT OF LIEN
Agenda Item No. 16A32
September 13, 2005
Page 7 of 25
CARLOS WALTON
DORVILLE CARRINGTON AND HAYLEY CARRINGTON-WALTON
1220 NE 204th Terrace
North Miami Beach, FL 33179
REFERENCE 2711 FOLIO 48730040004 RESOLUTION 2005-_
LEGAL DESCRIPTION: Lots 1,2 and North 20ft oflot 3, Block A, Haldeman River Subdivision,
more specifically described in the deed recorded in Official Record Book 3606, Page 1336 of the
Public Records of Collier County, Florida, a.k.a. 2656 PINE STREET.
You, as the owner(s) of the property above-described, as recorded in the records
maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement
Director, did determine a public nuisance existed and constituted a violation of county regulations on
March 11, 2005, and ordered the abatement of a certain nuisance existing on the above property
prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is:
PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON-
PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT.
You failed to abate such nuisance; whereupon, it was abated by the expenditure of
public funds at a direct cost of Fifty Five ($55.00) Dollars plus an administrative cost of Two
Hundred ($200.00) dollars for a total of Two Hundred Fifty Five ($255.00).
Such cost, by Resolution of the Board of County Commissioners of Collier County,
Florida, shall become a lien on your property when recorded after approval by the Board.
FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT
IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY.
RESOLUTION NO. 2005-_
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS PROVIDING FOR THE
ASSESSMENT OF LIEN FOR THE COST OF
THE ABATEMENT OF PUBLIC NUISANCE, IN
ACCORDANCE WIlli ORDINANCE No. 99-51,
AS AMENDED
Aoenda Item No. 16A32
~ September 13. 2005
Page 8 of 25
WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47,
as amended, the direct costs of abatement of certain nuisances, including prescribed administrative
cost incurred by the County, shall be assessed against such property; and
WHEREAS, the cost thereof to the County as to each parcel shall be calculated and
reported to the Board of County Commissioners, together with a description of said parcel; and
WHEREAS, such assessment shall be a legal, valid and binding obligation upon the
property against which made until paid; and
WHEREAS, the assessment shall become due and payable no later than twenty (20)
days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance
beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows,
having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said
property, is hereby assessed the following costs of such abatement, to wit:
NAME: ROSEMARIE D. POLUMBO
LEGAL DESCRIPTION: Naples Park Unit 2 Block 19 Lot 3, more specifically described in the
deed recorded in Official Record Book 1488, Page 697 of the Public Records of Collier County,
Florida, a.k.a. 691 1 08TH AVENUE NORTH, NAPLES.
COST: $255.00 REFERENCE: 2718 FOLIO: 62573080003
The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice
of Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) days of
the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the
Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and
by recording shall constitute a lien against the above-described real property, and to the extent
allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted
property owner(s) in Collier County.
This Resolution 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:
DEPUTY CLERK
BY:
FRED W. COYLE, CHAIRMAN
Approved as to form and
l,gW'u~~: ~~
Thomas 2. ~almer, Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
THROUGH ITS CODE ENFORCEMENT DEPARTMENT
COLLIER COUNTY, FLORIDA
LEGAL NOTICE OF ASSESSMENT OF LIEN
Agenda Item No. 16A32
September 13, 2005
Page 9 of 25
ROSEMARIE D. POLUMBO
PO Box 661
Malden, MA 02148
REFERENCE 2718 FOLIO 62573080003 RESOLUTION 2005-
LEGAL DESCRIPTION: Naples Park Unit 2 Block 19 Lot 3, more specifically described in the
deed recorded in Official Record Book 1488, Page 697 of the Public Records of Collier County,
Florida, a.k.a. 691 108TH AVENUE NORlH, NAPLES.
You, as the owner(s) of the property above-described, as recorded in the records
maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement
Director, did determine a public nuisance existed and constituted a violation of county regulations on
April 13, 2005, and ordered the abatement of a certain nuisance existing on the above property
prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is:
PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON-
PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT.
You failed to abate such nuisance; whereupon, it was abated by the expenditure of
public funds at a direct cost of Fifty Five ($55.00) Dollars plus an administrative cost of Two
Hundred ($200.00) dollars for a total of Two Hundred Fifty Five ($255.00).
Such cost, by Resolution of the Board of County Commissioners of Collier County,
Florida, shall become a lien on your property when recorded after approval by the Board.
FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT
IN A LIEN AGAINST ~ OF YOUR PROPERTY IN COLLIER COUNTY.
RESOLUTION NO. 2005-
Agenda Item No. 16A32
September 13. 2005
Page 10 of 25
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS PROVIDING FOR THE
ASSESSMENT OF LIEN FOR THE COST OF
TIlE ABATEMENT OF PUBLIC NUISANCE, IN
ACCORDANCE WITH ORDINANCE No. 99-51,
AS AMENDED
WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47,
as amended, the direct costs of abatement of certain nuisances, including prescribed administrative
cost incurred by the County, shall be assessed against such property; and
WHEREAS, the cost thereof to the County as to each parcel shall be calculated and
reported to the Board of County Commissioners, together with a description of said parcel; and
WHEREAS, such assessment shall be a legal, valid and binding obligation upon the
property against which made until paid; and
WHEREAS, the assessment shall become due and payable no later than twenty (20)
days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance
beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annwn.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows,
having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said
property, is hereby assessed the following costs of such abatement, to wit:
NAME: RAMON MESA
LEGAL DESCRIPTION: Naples Manor Lakes Block 17 Lot 1-4, more specifically described in
the deed recorded in Official Record Book 993, Page 572 of the Public Records of Collier County,
Florida, a.k.a. 5470 CAROLINA A VENUE, NAPLES.
COST: $1,600.00 REFERENCE: 2723 FOLIO: 62265840001
The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice
of Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) days of
the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the
Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and
by recording shall constitute a lien against the above-described real property, and to the extent
allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted
property owner(s) in Collier County.
This Resolution 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:
DEPUTY CLERK
BY:
FRED W. COYLE, CHAIRMAN
Approved as to form and
legal sufficiency:
lDwL W~
Thomas C. Palmer, Assistant County Attorney
~_~~___ J
BOARD OF COUNTY COMMISSIONERS
THROUGH ITS CODE ENFORCEMENT DEPARTMENT
COLLIER COUNTY, FLORIDA
LEGAL NOTICE OF ASSESSMENT OF LIEN
Agenda Item No. 16A32
September 13, 2005
Page 11 of 25
RAMON MESA
5911 SW 44th Terrave
Miami, FL 33155
REFERENCE 2723 FOLIO 62265840001 RESOLUTION 2005-_
LEGAL DESCRIPTION: Naples Manor Lakes Block 17 Lot 1-4, more specifically described in
the deed recorded in Official Record Book 993, Page 572 of the Public Records of Collier County,
Florida, aka. 5470 CAROLINA AVENUE, NAPLES.
You, as the ownerCs) of the property above-described, as recorded in the records
maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement
Director, did determine a public nuisance existed and constituted a violation of county regulations on
February 3, 2005, and ordered the abatement of a certain nuisance existing on the above property
prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is:
PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON-
PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT.
You failed to abate such nuisance; whereupon, it was abated by the expenditure of
public funds at a direct cost of One Thousand Four Hundred ($1,400.00) Dollars plus an
administrative cost of Two Hundred ($200.00) dollars for a total of One Thousand Six Hundred
($1,600.00).
Such cost, by Resolution of the Board of County Commissioners of Collier County,
Florida, shall become a lien on your property when recorded after approval by the Board.
FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT
IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY.
RESOLUTION NO. 2005-_
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS PROVIDING FOR THE
ASSESSMENT OF LIEN FOR THE COST OF
THE ABATEMENT OF PUBLIC NUISANCE, IN
ACCORDANCE WITH ORDINANCE No. 99-51,
AS AMENDED
Agenda Item No. 16A32
September 13. 2005
Page 12 of 25
WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47,
as amended, the direct costs of abatement of certain nuisances, including prescribed administrative
cost incurred by the County, shall be assessed against such property; and
WHEREAS, the cost thereof to the County as to each parcel shall be calculated and
reported to the Board of County Commissioners, together with a description of said parcel; and
WHEREAS, such assessment shall be a legal, valid and binding obligation upon the
property against which made until paid; and
WHEREAS, the assessment shall become due and payable no later than twenty (20)
days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance
beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows,
having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said
property, is hereby assessed the following costs of such abatement, to wit:
NAME: RAMON MESA
LEGAL DESCRIPTION: Naples Manor Lakes Block 17 Lot 1-4, more specifically described in
the deed recorded in Official Record Book 993, Page 572 of the Public Records of Collier County,
Florida, a.k.a. 5411 TEXAS AVENUE.
COST: $1,800.00 REFERENCE: 2726 FOLIO: 62265920002
The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice
of Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) days of
the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the
Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and
by recording shall constitute a lien against the above-described real property, and to the extent
allowed by law, shall also be a lien upon all other real and/or personal property o\\'lled by the noted
property owner(s) in Collier County.
This Resolution 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:
DEPUTY CLERK
BY:
FRED W. COYLE, CHAIRMAN
Approved as to form and
legal sufficiency:
\ON\ ~J~
Thomas C. Palmer, Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
THROUGH ITS CODE ENFORCEMENT DEPARTMENT
COLLIER COUNTY, FLORIDA
LEGAL NOTICE OF ASSESSMENT OF LIEN
Agenda Item No. 16A32
September 13, 2005
Page 13 of 25
RAMON MESA
5911 SW 44th Terrave
Miami, FL 33155
REFERENCE 2726 FOLIO 62265920002 RESOLUTION 2005-_
LEGAL DESCRIPTION: Naples Manor Lakes Block 17 Lot 1-4, more specifically described in
the deed recorded in Official Record Book 993, Page 572 of the Public Records of Collier County,
Florida, a.k.a. 5411 TEXAS AVENUE.
You, as the owner(s) of the property above-described, as recorded in the records
maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement
Director, did determine a public nuisance existed and constituted a violation of county regulations on
February 3, 2005, and ordered the abatement of a certain nuisance existing on the above property
prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is:
PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON-
PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT.
You failed to abate such nuisance; whereupon, it was abated by the expenditure of
public funds at a direct cost of One Thousand Six Hundred ($1,600.00) DolIars plus an administrative
cost of Two Hundred ($200.00) dollars for a total of One Thousand Eight Hundred ($1,800.00).
Such cost, by Resolution of the Board of County Commissioners of Collier County,
Florida, shall become a lien on your property when recorded after approval by the Board.
FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT
IN A LIEN AGAINST AY. OF YOUR PROPERTY IN COLLIER COUNTY.
RESOLUTION NO. 2005-_
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS PROVIDING FOR THE
ASSESSMENT OF LIEN FOR THE COST OF
THE ABATEMENT OF PUBLIC NUISANCE, IN
ACCORDANCE WITH ORDINANCE No. 99-51,
AS AMENDED
Agenda Item No. 16A32
September 13. 2005
Page 14 of 25
WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47,
as amended, the direct costs of abatement of certain nuisances, including prescribed administrative
cost incurred by the County, shall be assessed against such property; and
WHEREAS, the cost thereof to the County as to each parcel shall be calculated and
reported to the Board of County Commissioners, together with a description of said parcel; and
WHEREAS, such assessment shall be a legal, valid and binding obligation upon the
property against which made until paid; and
WHEREAS, the assessment shall become due and payable no later than twenty (20)
days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance
beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY. FLORIDA, that the property described as follows,
having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said
property, is hereby assessed the following costs of such abatement, to wit:
NAME: GEORGE T. CATROMBON AND VERONICA M. CATROMBON
LEGAL DESCRIPTION: Isles of Capri No.2 Lot 166, more specifically described in the deed
recorded in Official Record Book 1152, Page 532 of the Public Records ofCoIlier County, Florida,
a.k.a. 117 JAMAICA DRIVE, NAPLES.
COST: $255.00 REFERENCE: 2732 FOLIO: 52391280008
The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice
of Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) days of
the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the
Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and
by recording shall constitute a lien against the above-described real property, and to the extent
allowed by law, shall also be a lien upon all other real and/or personal property'owned by the noted
property owner(s) in Collier County.
This Resolution 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:
DEPUTY CLERK.
BY:
FRED W. COYLE, CHAIRMAN
Approved as to form and
l'gW'~~ ~
Thomas k Palmer, Assistant County Attorney
Agenda Item No. 16A32
September 13. 2005
BOARD OF COUNTY COMMISSIONERS Page 15 of 25
THROUGH ITS CODE ENFORCEMENT DEPARTMENT
COLLIER COUNTY, FLORIDA
LEGAL NOTICE OF ASSESSMENT OF LIEN
GEORGE T. CATROMBON
VERONICA M. CATROMBON
103 Union Road
Frencbtown, NJ 88250
REFERENCE 2732 FOLIO 52391280008 RESOLUTION 2005-_
LEGAL DESCRIPTION: Isles of Capri No.2 Lot 166, more specifically described in the deed
recorded in Official Record Book 1152, Page 532 of the Public Records of Collier County, Florida,
a.k.a. 117 JAMAICA DRIVE, NAPLES.
You, as the ownerCs) of the property above-described, as recorded in the records
maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement
Director, did determine a public nuisance existed and constituted a violation of county regulations on
June 8, 2005, and ordered the abatement of a certain nuisance existing on the above property
prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is:
PROHIBITED ACCUMULA nON OF WEEDS, GRASS, OR OTHER SIMILAR NON-
PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT.
You failed to abate such nuisance; whereupon, it was abated by the expenditure of
public funds at a direct cost of Fifty Five ($55.00) Dollars plus an administrative cost of Two
Hundred ($200.00) dollars for a total of Two Hundred Fifty Five ($255.00).
Such cost, by Resolution of the Board of County Commissioners of Collier County,
Florida, shall become a lien on your property when recorded after approval by the Board.
FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN TIDS NOTICE MAY RESULT
IN A LIEN AGAINST ~ OF YOUR PROPERTY IN COLLIER COUNTY.
RESOLUTION NO. 2005-_
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS PROVIDING FOR THE
ASSESSMENT OF DEN FOR THE COST OF
THE ABATEMENT OF PUBLIC NUISANCE, IN
ACCORDANCE WITH ORDINANCE No. 99-51,
AS AMENDED
Agenda Item No 16A32
September 13, 2005
Page 16 of 25
WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47,
as amended, the direct costs of abatement of certain nuisances, including prescribed administrative
cost incurred by the County, shall be assessed against such property; and
WHEREAS, the cost thereof to the County as to each parcel shall be calculated and
reported to the Board of County Commissioners, together with a description of said parcel; and
WHEREAS, such assessment shall be a legal, valid and binding obligation upon the
property against which made until paid; and
WHEREAS, the assessment shall become due and payable no later than twenty (20)
days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance
beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows,
having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said
property, is hereby assessed the following costs of such abatement, to wit:
NAME: CANDELARIA FRANCSICO AND ANGELICA MIQUEL
LEGAL DESCRIPTION: Seminole Subdivision Block A Lots 26 & 27, more specifically
described in the deed recorded in Official Record Book 1529, Page 691 of the Public Records of
Collier County, Florida, a.k.a. 602 CLIFTON STREET, IMMOKALEE.
COST: $255.00 REFERENCE: 2734 FOLIO: 73180560002
The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice
of Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) days of
the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the
Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and
by recording shall constitute a lien against the above-described real property, and to the extent
allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted
property owner(s) in Collier County.
This Resolution 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:
DEPUTY CLERK
BY:
FRED W. COYLE, CHAIRMAN
Approved as to form and
',gal ,u~,y, ~
1tJ\,v-.
Thomas C. Palmer, Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
THROUGH ITS CODE ENFORCEMENT DEPARTMENT
COLLIER COUNTY, FLORIDA
LEGAL NOTICE OF ASSESSMENT OF LIEN
Agenda Item No. 16A32
September 13, 2005
Page 17 of 25
CANDELARIA FRANCSICO
ANGELICA MIQUEL
PO Box 490
Immokalee, FL 34143
REFERENCE 2734 FOLIO 73180560002 RESOLUTION 2005-
LEGAL DESCRIPTION: Seminole Subdivision Block A Lots 26 & 27, more specifically
described in the deed recorded in Official Record Book 1529, Page 691 of the Public Records of
Collier County, Florida, a.k.a. 602 CLIFTON STREET, IMMOKALEE.
You, as the owner(s) of the property above-described, as recorded in the records
maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement
Director, did determine a public nuisance existed and constituted a violation of county regulations on
June 8, 2005, and ordered the abatement of a certain nuisance existing on the above property
prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is:
PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON-
PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT.
You failed to abate such nuisance; whereupon, it was abated by the expenditure of
public funds at a direct cost of Fifty Five ($55.00) Dollars plus an administrative cost of Two
Hundred ($200.00) dollars for a total of Two Hundred Fifty Five ($255.00).
Such cost, by Resolution of the Board of County Commissioners of Collier County,
Florida, shall become a lien on your property when recorded after approval by the Board.
FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT
IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY.
RESOLUTION NO. 2005-_
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS PROVIDING FOR THE
ASSESSMENT OF LIEN FOR THE COST OF
THE ABATEMENT OF PUBLIC NUISANCE, IN
ACCORDANCE WITH ORDINANCE No. 99-51,
AS AMENDED
Agenda Item No, 16A32
September 13, 2005
Page 18 of 25
WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47,
as amended, the direct costs of abatement of certain nuisances, including prescribed administrative
cost incurred by the County, shall be assessed against such property; and
WHEREAS, the cost thereof to the County as to each parcel shall be calculated and
reported to the Board of County Commissioners, together with a description of said parcel; and
WHEREAS, such assessment shall be a legal, valid and binding obligation upon the
property against which made until paid; and
WHEREAS, the assessment shall become due and payable no later than twenty (20)
days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance
beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows,
having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said
property, is hereby assessed the following costs of such abatement, to wit:
NAME: PEGGYH. TAYLOR
LEGAL DESCRIPTION: lnomah Subdivision Block A Lots 15, 16 & 17, more specifically
described in the deed recorded in Official Record Book 1848, Page 215 of the Public Records of
Collier County, Florida, a.k.a. 2361 WASHINGTON AVENUE, NAPLES.
COST: $255.00 REFERENCE: 2737 FOLIO: 51690320000
The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice
of Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) days of
the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the
Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and
by recording shall constitute a lien against the above-described real property, and to the extent
allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted
property owner(s) in Collier County.
This Resolution 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:
DEPUTY CLERK
BY:
FRED W. COYLE, CHAIRMAN
Approved as to form and
legal sufficiency:
~ ~JCUL--
Thomas C. Palmer, Assistant County Attorney
Agenda Item No. 16A32
September 13, 2005
BOARD OF COUNTY COMMISSIONERS Page 19 of 25
THROUGH ITS CODE ENFORCEMENT DEPARTMENT
COLLIER COUNTY, FLORIDA
LEGAL NOTICE OF ASSESSMENT OF LIEN
PEGGY H. TAYLOR
27367 Imperial Oak Circle
Bonita Springs, FL 34135
REFERENCE 2737 FOLIO 51690320000 RESOLUTION 2005-_
LEGAL DESCRIPTION: Inomah Subdivision Block A Lots 15, 16 & 17, more specifically
described in the deed recorded in Official Record Book 1848, Page 215 of the Public Records of
Collier County, Florida, a.k.a. 2361 WASHINGTON AVENUE, NAPLES.
You, as the owner(s) of the property above-described, as recorded in the records
maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement
Director, did determine a public nuisance existed and constituted a violation of county regulations on
June 20, 2005, and ordered the abatement of a certain nuisance existing on the above property
prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is:
PROmBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON-
PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT.
You failed to abate such nuisance; whereupon, it was abated by the expenditure of
public funds at a direct cost of Fifty Five ($55.00) Dollars plus an administrative cost of Two
Hundred ($200.00) dollars for a total of Two Hundred Fifty Five ($255.00).
Such cost, by Resolution of the Board of County Commissioners of Collier County,
Florida, shall become a lien on your property when recorded after approval by the Board.
FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT
IN A LIEN AGAINST A1L OF YOUR PROPERTY IN COLLIER COUNTY.
RESOLUTION NO. 2005-_
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS PROVIDING FOR THE
ASSESSMENT OF LIEN FOR THE COST OF
THE ABATEMENT OF PUBLIC NUISANCE, IN
ACCORDANCE WITH ORDINANCE No. 99-51,
AS AMENDED
Agenda Item No. 16A32
September 13, 2005
Page 20 of 25
WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47,
as amended, the direct costs of abatement of certain nuisances, including prescribed administrative
cost incurred by the County, shall be assessed against such property; and
WHEREAS, the cost thereof to the County as to each parcel shall be calculated and
reported to the Board of County Commissioners, together with a description of said parcel; and
WHEREAS, such assessment shall be a legal, valid and binding obligation upon the
property against which made until paid; and
WHEREAS, the assessment shall become due and payable no later than twenty (20)
days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance
beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows,
having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said
property, is hereby assessed the following costs of such abatement, to wit:
NAME: LUIS ANTONIO MACCOU
LEGAL DESCRIPTION: 94729 Comm NW CNR ofEI/2 ofNE 1/4 of SWl/4 ofNEl/4, S
200FT to POB, S 235.87FT, E Continued (per tax roll page 128), more specifically described in the
deed recorded in Official Record Book 3583, Page 1268 of the Public Records of Collier County,
Florida, a,k.a. 512 STOKES AVENUE, IMMOKALEE.
COST: $255.00 REFERENCE: 2738 FOLIO: 00133320000
The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice
of Assessment ofUen to the owner(s) of the above-described property. If within twenty (20) days of
the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the
Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and
by recording shall constitute a lien against the above-described real property, and to the extent
allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted
property owner(s) in Collier County.
This Resolution 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:
DEPUTY CLERK
BY:
FRED W. COYLE, CHAIRMAN
Approved as to form and
"g.J,~~,y, ~
l~ .
Thomas C. Palmer, ASSIstant County Attorney
BOARD OF COUNTY COMMISSIONERS
THROUGH ITS CODE ENFORCEMENT DEPARTMENT
COLLIER COUNTY, FLORIDA
LEGAL NOTICE OF ASSESSMENT OF LIEN
Agenda Item No. 16A32
September 13, 2005
Page 21 of 25
LUIS ANTONIO MACCOU
3131 60th Avenue NE
Naples, FL 34120
REFERENCE 2738 FOLIO 00133320000 RESOLUTION 2005-_
LEGAL DESCRIPTION: 94729 Comm NW CNR ofEI/2 ofNE 1/4 ofSWI/4 ofNE1/4, S
200FT to POB, S 235.87FT, E Continued (per tax roll page 128), more specifically described in the
deed recorded in Official Record Book 3583, Page 1268 of the Public Records of Collier County,
Florida, a.k.a. 512 STOKES AVENUE, IMMOKALEE.
You, as the owner(s) of the property above-described, as recorded in the records
maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement
Director, did determine a public nuisance existed and constituted a violation of county regulations on
May 20, 2005, and ordered the abatement of a certain nuisance existing on the above property
prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is:
PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON-
PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT.
You failed to abate such nuisance; whereupon, it was abated by the expenditure of
public funds at a direct cost of Fifty Five ($55.00) Dollars plus an administrative cost of Two
Hundred ($200.00) dollars for a total of Two Hundred Fifty Five ($255.00).
Such cost, by Resolution of the Board of County Commissioners of Collier County,
Florida, shall become a lien on your property when recorded after approval by the Board.
FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT
IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY.
RESOLUTION NO. 2005-
Agenda Item No. 16A32
September 1 3. 2005
Page 22 of 25
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS PROVIDING FOR THE
ASSESSMENT OF LIEN FOR THE COST OF
THE ABATEMENT OF PUBLIC NUISANCE, IN
ACCORDANCE WITH ORDINANCE No. 99-51,
AS AMENDED
WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47,
as amended, the direct costs of abatement of certain nuisances, including prescribed administrative
cost incurred by the County, shall be assessed against such property; and
WHEREAS, the cost thereof to the County as to each parcel shall be calculated and
reported to the Board of County Commissioners, together with a description of said parcel; and
WHEREAS, such assessment shall be a legal, valid and binding obligation upon the
property against which made until paid; and
WHEREAS, the assessment shall become due and payable no later than twenty (20)
days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance
beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows,
having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said
property, is hereby assessed the following costs of such abatement, to wit:
NAME: LLOYD L. BOWEIN
LEGAL DESCRIPTION: Lots 20 & 21, Block 3, Naples Park Unit I, more specifically described
in the deed recorded in Official Record Book 2810, Page 3478 of the Public Records of Collier
County, Florida, a.k.a. 847 108TH AVENUE NORTH UNIT I, NAPLES.
COST: $255.00 REFERENCE: 2741 FOLIO: 62411000006
The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice
of Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) days of
the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the
Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and
by recording shall constitute a lien against the above-described real property, and to the extent
allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted
property owner(s) in Collier County.
This Resolution 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:
DEPUTY CLERK
BY:
FRED W. COYLE, CHAIRMAN
Approved as to form and
legal sufficiency:
~01Uu--
Thomas C. Palmer, Assistant County Attorney
,..'-
Agenda Item No. 16A32
September 13, 2005
BOARD OF COUNTY COMMISSIONERS Page 23 of 25
THROUGH ITS CODE ENFORCEMENT DEPARTMENT
COLLIER COUNTY, FLORIDA
LEGAL NOTICE OF ASSESSMENT OF LIEN
LLOYD L. BOWEIN
10021 Gulfsbore Drive
Naples, FL 34108
REFERENCE 2741 FOLIO 62411000006 RESOLUTION 2005-_
LEGAL DESCRIPTION: Lots 20 & 21, Block 3, Naples Park Unit 1, more specifically described
in the deed recorded in Official Record Book 2810, Page 3478 of the Public Records of Collier
County, Florida, a.k.a 847 108TH AVENUE NORTH UNIT 1, NAPLES.
You, as the owner(s) of the property above-described, as recorded in the records
maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement
Director, did determine a public nuisance existed and constituted a violation of county regulations on
June 13, 2005, and ordered the abatement of a certain nuisance existing on the above property
prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is:
PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON-
PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT.
You failed to abate such nuisance; whereupon, it was abated by the expenditure of
public funds at a direct cost of Fifty Five ($55.00) Dollars plus an administrative cost of Two
Hundred ($200.00) dollars for a total of Two Hundred Fifty Five ($255.00).
Such cost, by Resolution of the Board of County Commissioners of Collier County,
Florida, shall become a lien on your property when recorded after approval by the Board.
FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT
IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY.
RESOLUTION NO. 2005-_
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS PROVIDING FOR THE
ASSESSMENT OF LIEN FOR THE COST OF
THE ABATEMENT OF PUBLIC NUISANCE, IN
ACCORDANCE WITH ORDINANCE No. 99-51,
AS AMENDED
Agenda Item No. 16A32
September 13, 2005
Page 24 of 25
WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47,
as amended, the direct costs of abatement of certain nuisances, including prescribed administrative
cost incurred by the County, shall be assessed against such property; and
WHEREAS, the cost thereof to the County as to each parcel shall be calculated and
reported to the Board of County Commissioners, together with a description of said parcel; and
WHEREAS, such assessment shall be a legal, valid and binding obligation upon the
property against which made until paid; and
WHEREAS, the assessment shall become due and payable no later than twenty (20)
days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance
beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows,
having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said
property, is hereby assessed the following costs of such abatement, to wit:
NAME: ACl DEVELOPMENT, LC
LEGAL DESCRIPTION: Lot 32 Block 3 Naples Park Unit 1, more specifically described in the
deed recorded in Official Record Book 2779, Page 2084 of the Public Records of Collier County,
Florida, a.k.a. 802 109TH AVENUE NORTH UNIT 1, NAPLES.
COST: $255.00 REFERENCE: 2742 FOLIO: 62411360005
The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice
of Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) days of
the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the
Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and
by recording shall constitute a lien against the above-described real property, and to the. extent
allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted
property owner(s) in Collier County.
This Resolution passed and duly adopted by the Board of County Commissioners of
Collier County, Florida, this _ day of 2005.
A TIEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
DEPUTY CLERK
BY:
FRED W. COYLE, CHAIRMAN
Approved as to form and
1,ga1 'Uffi"~: ~
ThOmas1t;almer, Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
THROUGH ITS CODE ENFORCEMENT DEPARTMENT
COLLIER COUNTY, FLORIDA
LEGAL NOTICE OF ASSESSMENT OF LIEN
Agenda Item No, 16A32
September 13, 2005
Page 25 of 25
ACIDEVELOPMENT,LC
7544 Treeline Drive
Naples, FL 34119
REFERENCE 2742 FOLIO 62411360005 RESOLUTION 2005-_
LEGAL DESCRIPTION: Lot 32 Block 3 Naples Park Unit 1, more specifically described in the
deed recorded in Official Record Book 2779, Page 2084 of the Public Records of Collier County,
Florida, a.k.a. 802 109TH AVENUE NORTH UNIT 1, NAPLES.
You, as the owner(s) of the property above-described, as recorded in the records
maintained by the office of the Property Appraiser, are hereby advised that the Code Eriforcement
Director, did determine a public nuisance existed and constituted a violation of county regulations on
June 13, 2005, and ordered the abatement of a certain nuisance existing on the above property
prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is:
PROHffiITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON-
PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT.
You failed to abate such nuisance; whereupon, it was abated by the expenditure of
public funds at a direct cost of Fifty Five ($55.00) Dollars plus an administrative cost of Two
Hundred ($200.00) dollars for a total ofTwo Hundred Fifty Five ($255.00).
Such cost, by Resolution of the Board of County Commissioners of Collier County,
Florida, shall become a lie!) on your property when recorded after approval by the Board.
FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT
IN A LIEN AGAINST &!t. OF YOUR PROPERTY IN COLLIER COUNTY.
_.
-
Agenda Item No. 16A33
September 13, 2005
Page 1 of 4
EXECUTIVE SUMMARY
Recommendation to approve for recording the final plat of "Verona Pointe", approval of
the standard form Construction and Maintenance Agreement and approval of the amount
of the performance security
OBJECTIVE:
To approve for recording the final plat of "Verona Pointe", a subdivision of lands located in
Section 13, Township 48 South, Range 25 East, Collier County, Florida, following the alternative
procedure for approval of subdivision plats pursuant to Resolution 99-199.
CONSIDERATIONS:
Engineering Review Section has completed the review of the construction drawings,
specifications, and final plat of "Verona Pointe". These documents are in compliance with the
County Land Development Code and Florida State Statute No. 177. All fees have been paid.
Security in the amount of 10% of the total cost of the required improvements, and 100% of the
cost of any remaining improvements, together with a Construction and Maintenance Agreement
for Subdivision Improvements, shall be provided and accepted by the Engineering Services
Director and the County Attorney's office prior to the recording of the final plat. This would be in
conformance with the County Land Development Code -- Section 10.02.04.
Engineering Services Department recommends that the final plat of "Verona Pointe" be
approved for recording.
FISCAL IMPACT:
The project cost is $643,234.67 (estimated) to be borne by the
developer.
The cost breakdown is as follows:
a)
b)
Water & Sewer
Drainage,
Paving, Grading
- $309,864.00
- $333,370.67
The Security amount, equal to 110% of the
project cost, is $707,558.14
The County will realize revenues as follows:
Fund: Community Development Fund 131
Agency: County Manager
Cost Center: 138327 -- Engineering Project Review
Revenue generated by this project:
Total: $20,372.04
Agenda Item No. 16A33
September 13, 2005
Fees are based on a construction estimate of $643,234.67 and were paidFjfllge 2 of 4
March, 2005.
The breakdown is as follows:
a) Plat Review Fee ($1,000.00 + $5./ac) -$1,075.00
b) Ctmstruction Drawing Review Fee
Water &
Sewer (.75% const. est.) - $2,323.98
c) Drainage,
Paving, Grading (.75% const. est.) - $2,500.28
d) Construction Inspection Fee
Water &
Sewer (2.25% const. est.) - $6,971.94
e) Drainage, Paving,
Grading(2.25%const.est.) - $7,500.84
GROWTH MANAGEMENT IMPACT:
The developer must receive a Certificate of Adequate Public Facilities prior to the issuance of
the construction plan final approval letter.
ENVIRONMENTAL ISSUES:
There are no outstanding environmental issues.
HISTORICAUARCHAEOLOGICAL IMPACT:
There are no historical or archaeological impacts. If during the course of site clearing,
excavation or other construction activity, a historic or archaeological artifact is found, all
development within the minimum area necessary to protect the discovery shall be
immediately stopped and the Collier County Code Enforcement Department contacted.
LEGAL CONSIDERATIONS:
The County Attorney's Office has reviewed and approved the plat and associated legal
documents.
RECOMMENDATION:
That the Board of County Commissioners approve the Final Plat of "Verona Pointe" for
recording with the following stipulations:
1. Approve the amount of $707,558.14 as performance security for the required improvements;
or such lesser amount based on work completed I and as is approved by the Engineering
Services Department.
2. Approve the standard form Construction and Maintenance Agreement, and
a. That no Certificates of Occupancy be granted until the required improvements have
received preliminary acceptance.
b. That the plat not be recorded until suitable security and an appropriate Construction
and Maintenance Agreement is approved and accepted by the Engineering Services
Department Director and the County Attorney's office.
PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department
Aqenda Item No 16A33
~ Septernber13, 2005
Page ::I 01 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16A33
RecommendatIOn to approve for recording the fin~1 pial of Verona Pointe, approval of the
stat\dard torm Construction and Maintenance Agreement and approval of the amount at the
pertormance security
Meeting Date:
9/13/2005 900:00 AM
Prepared By
John Houldsworth
Sooior Engineer
Date
Community Development &
Environmental Services
Engineenng Services
Bf2412005 8:30:34 AM
Approved By
Constance A. Johnson Operations Analyst
Community Development & Community Development &
Environmental ServIces Environmental Services Admin
Ome
812412005 9:51 AM
A ppro\"cd By
Sandra Lea Executive Secretary
Dme
Community Development & Community Development &
E.nvironnmntal Services Environmentnl Services Admin.
8/24/2005 1D:20 AM
AI1llrovcd By
Community Development &
Environmental Servic~
Community Development &
Enyironmental Services Admlnstrirtor
Community Development &
Environmental Serviws Admin.
D:;:lte
Joseph K. Schmitt
6/2412005 8:2~ PM
Apllrond By
OMS Coordinator
Administrative Astu!>tant
Date
County Manager's Office
Office 0' Man.a~ment & Budget
8129/20059:31 AM
Allprovcd By
Mark Isackson
Budget Analyst
Date
County Manager's OffIce
Office of Management & Budget
6/291200512:57 PM
AI)prllVed By
Michil0l Smykowski
MallagerTlCnt & Budget Director
Date
County Manager's Office
Office of Management & Budget
8/29J.2005 4: 14 PM
AIlI)rO\lcd By
James V. Mudd
County Mallll(ler
Date
Board of County
Commissioners
COllnty Manager's Office
6/3012Q05 3:23 PM
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Agenda Item No. 16A34
September 13, 2005
Page 1 of 3
EXECUTIVE SUMMARY
Recommendation to reconsider the Conservation Collier Active Acquisition List regarding
the Winchester Head project and to discontinue buying property in the Winchester Head
project for 90 days
OBJECTIVE: Present updated information regarding yet-to-be acquired Active Acquisition
List projects for reconsideration due to rising property values.
.,-
CONSIDERA TIONS: The current Active Acquisition List (AAL) for Conservation Collier
lists the properties approved for purchase. Some of these have not been purchased yet for
various reasons, and some have values that are rising substantially beyond estimated costs
provided at the time a decision was made to purchase. Conservation Collier currently has three
individually owned properties and two multi-parcel projects that have been approved but are not
yet under contract or purchased. These are identified in Table 1 with acreages and estimated
values.l The estimates for the two multi-parcel projects, Winchester Head and NGGE Unit 53,
have been updated based on current appraisals and area sales. Table 2 further breaks down what
has been purchased and what is pending in the multi-parcel projects. In late 2004, when the
decision was being made to recommend and approve cycle 2 properties, staff estimated a cost of
acreage in the Winchester Head multi-parcel project at $25,600 per acre. At this time, the
NGGE Unit 53 multi-parcel project was already underway with an earlier approval based on a
2003 estimated cost of $11,180 per acre. Since that time, land values for both projects have risen
dramatically. A recent appraisal for a 1.14-acre Winchester Head lot came in at $45,000. A
recent look at sales in NGGE Unit 53 shows parcels being purchased for $40,000 an acre.
Speculation buying in these areas may be driving costs upwards. The attached Multi-parcel
Projects 5-year Projected Costs sheet was recently updated to provide additional information.
Table 1.
Properties Estimated Cost Acreage
Talon Land Group $1,870,000 80
Fleischmann - north of parkway $2,000,000 13
Collier Development Corp $1,704,100 49
Winchester Head multi-parcel $14,449,500 285
NGGE Unit 53 multi-parcel $9,165,000 141
Total $29,188,600 568
I Talon Land Group may end up being donated under TDR bonus regulation; the Fleischmann parcel (north of Golden Gate
Parkway) is waiting for an upland/wetland determination to see exactly how much wetland property is there before appraisal;
For the Collier Development Corp parcel, we have made an offer but Real Estate Services is working with their representative
>_ regarding some concerns related to our appraisal. We can update the Board on progress at the September 13th meeting.
1
.,,,,.....,
Agenda Item No. 16A34
September 13, 2005
Page 2 of 3
Table 2.
Multi-parcel:proiects ..~Acreages Winchester Head NGGEUnit 53
Acres acquired 6.6 27.53
Acres under contract 1.14 3.89
Acres having open offers 4.32 0
Acres appraisals in but offers not made 2.28 0
Total remaining acres to be acquired 133.26 253.58
Core acres remaining to be acquired 59.13 91.77
Considering the value escalations in both multi-parcel projects, staff has re-estimated the amount
of funds committed under the current AAL, reducing the earlier estimate of $28.4 million
uncommitted to approximately $12.7 million in uncommitted funds.
On August 8,2005, the Conservation Collier Land Acquisition Advisory Committee (CCLAAC)
met in regular session and, after public discussion, made a recommendation to stop buying lands
in the Winchester Head multi-parcel project for 90 days, excluding those properties for which
staff had obtained appraisals and was poised to make offers (2 properties). After this time,
continued buying would be re-evaluated based on existing market conditions. Staff will present
this information to the CCLAAC for their consideration and recommendations and then provide
the Board of County Commissioners (BCe) with another recommended course of action.
FISCAL IMP ACT: Estimated costs in the Winchester Head multi-parcel project have risen
20% since originally calculated in 2004. Costs in NGGE Unit 53 have risen close to 250% since
originally calculated in 2003. Values for the other AAL projects not already acquired are
certainly rising as well. If the program continues buying pursuant to the AAL, there may not be
enough remaining funds to buy desired parcels within the Fleischmann/Caribbean Gardens
property, and/or funds for 3rd cycle property purchases will be limited. Staff currently estimates
that Conservation Collier may have approximately $12.7 million in uncommitted funds, down
from an estimate of $28.4 million in uncommitted funds made earlier this year.
GROWTH MANAGEMENT IMP ACT: Conservation Collier purchases are consistent with
and supports Policy 1.3.1 (e) in the Conservation and Coastal Management Element of the Collier
County Growth Management Plan.
LEGAL CONSIDERATIONS: The Conservation Collier ordinance (2002-63, Section 11.4)
states that projects will only be removed from the Active Acquisition List by successful purchase
of the site, approval of the next succeeding list, withdrawal of positive interest by the property
owner, or by resolution of the Board of County Commissioners. Projects removed may still be
considered at a later date.
RECOMMENDATION: Staff recommends the BCC reconsider the AAL in light of rising
property values in the multi-parcel projects and the potential Fleischmann / Caribbean Gardens
purchase and accept the CCLAAC's recommendation to discontinue buying property in the
Winchester Head project for 90 days, after which staff will bring to the BCC an updated course
of action.
Prepared by: Alexandra 1. Sulecki, Sf. Environmental Specialist, Environmental Services Department
2
Aaencla Item No, 16A34
, September 13, 2005
Page :1 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
hem Number:
Item Summary:
16A34
Meeting Date:
Recommelldatlon to reconsider the Conservation Collier ActivE: Acquisition List regarding the
Wnchester Head proJecl and to disconlinue buying property in 1tle Winchester Head project
tor 90 days
911 Jt2005 9:00:00 AM
Prepared By
Alexandra J. Sulecki
Senior Environmental Special!5t
Oat.
Community Development &
Environmental Services
Environmental Services
8!23f2Q05 10:17:57 AM
Approved B)'
WllIlam D. Lorenz.. Jr.. P.E
Community Development &
Environmental Services
Environmental Services Director
Date
Environment"l Services
8/231200510:24 AM
Approved By
Sandra Lea Execlrtive Secretary
0...
Community Dewlopment & Community Development &
Environmental Scrvices Environmental Services Admin,
8f23/Z00512;33 PM
Apl)roved B)"
Constance A. Johnson Operation. Analyst
Community Development & Community D!:'velopment &
Environmental Services Environmental Services Admin
0,,,,
8/23120051:33 PM
Approved By
Charles E, Carnngton. Jr.,
SRIWA
Real Estate Services Manager
0"'.
Administrative Services
Facilities M.Hlagemem
8125120056:42 AM
Approved B}'
J01!;eph K. Schmitt
Community Development &
Environmental Sl'Jrvioos Admmslrator
Date
Community Development &
Environmental Services
Community Development &
Erwironment.11 Service~ Admin.
S!25120051:13 PM
Approved By
OMB Coordinator
Administrative Assistant
Oat.
County Manager's Office
DUlce 01 Management & Budget
8/29120059:27 AM
Allproved By
Mark Isackson
Budget Analyst
Date
County Mannger's Office
Officf~ of Management & Budget
R!29/2005 9;52 AM
Approved By
MichllelSmykowski
Management & Budget Director
0...
Counw Manager's Office
Office 01 Management & Budget
8129/20055:19 PM
A ppro,'cd B}'
Jamos V. Mudd
County Mtlnager
Date
Board of County
Commissioners
County Manager's Office
8/JOf2005 2:07 PM
,..-..
..-.
Agenda Item No. 16A35
September 13, 2005
Page 1 of 3
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approve award of contract 05-
3801 "Consulting Services for Preparation of a Revised Immokalee Area Master Plan and
Rural LDC (Land Development Code)"
(Companion to Community Redevelopment Agency (CRA) approval of contract under
16 G)
OBJECTIVE: To have the Board of County Commissioners (BCC) contract for consultant
services with the RMPK Group, for the purpose of preparing revisions to the Immokalee Area
Master Plan and developing a new zoning overlay for the Immokalee Urban area, in the amount
of$228,320.00 (the CRA is also required to approve this contract).
CONSIDERATIONS: In 2003, as part of the preparation of the Evaluation and Appraisal
Report, the Board of County Commissioners (BCC) authorized Comprehensive Planning staff to
work with an advisory committee to prepare revisions to the Immokalee Area Master Plan
(lAMP). The appointed committee, during the performance of its tasks, determined that a longer
and more intense restudy of the lAMP would be necessary. Consequently, a new committee, the
lmmokalee Master Plan and Visioning Committee (IMPVC), was established by the BCC to
assist County staff with the monitoring and implementation of the Immokalee Area Master Plan
through the 2007 Growth Management Plan (GMP) amendment cycle.
In 2004, the IMPve concluded that revisions to the lAMP and a new zoning overlay would be
needed in order to achieve a unified vision for the lmmokalee Urban area. Because of the scale
of the project, they decided that it would be necessary to contract the services of a private
consultant; however, they did not have the financial resources to fund the work. As a result, they
approached the Immokalee Local Redevelopment Advisory Board (Advisory Board) to
determine if the Community Redevelopment Agency would be amenable to funding such a
project for the lmmokalee community. The Advisory Board confirmed that it would recommend
funding the project, and a request for proposals (RFP) was issued on February 14,2005. Notices
were sent to 173 firms, and 27 firms requested the full RFP package. Three firms responded
with proposals. On April 7, 2005, the Selection Committee (comprised of three members from
the IMPVC, three members from the Advisory Board, and the staff liaisons from each
committee) by consensus selected the RMPK Group as the preferred consultant for the project
following presentations by the three firms who had submitted proposals.
In May of 2005, the Advisory Board made a recommendation to the CRA to approve
expenditures of up to $300,000 in FY05 Budget tax increment financing (TIF) funds for
consultant services with the RMPK Group. On June 14, 2005, the CRA recommended that the
BCe approve the referenced expenditures to finance the project, which the BCe did so approve.
The tasks and deliverables associated with preparing revisions to the lAMP and developing a
new zoning overlay for the Immokalee Urban area are specifically provided for in the contract.
,...---
Agenda Item No. 16A35
September 13, 2005
Page 2 of 3
FISCAL IMP ACT: CRA redevelopment efforts are partially funded through Tax Increment
Financing (TIF) revenue. Revenue for this CRA is generated from a rate applied against the
captured assessed value increment. This assessed value increment is the difference between the
base assessed valuation within the Redevelopment Area (established in 1999) and the new higher
assessed valuation. Generally, it is anticipated that the assessed value increment will increase
each year during the Redevelopment District's life, providing for moderate tax revenue increases
used to finance redevelopment initiatives. The BCC approved the recommendation of the CRA
to expend up to $300,000 in budgeted FY 2005 CRA funds (Fund 186-138324-634999) to
finance this project. Approval of this contract will leave a balance of $35,700 in Fund 186
Reserves.
CONSISTENCY WITH ADOPTED REDEVELOPMENT PLAN:
A revised Immokalee Area Master Plan (lAMP) and the creation of a new zoning overlay for the
Immokalee Urban area will implement the County's Redevelopment Plan. According to Section
4.4 of the Redevelopment Plan (Community Objectives), economic development is emphasized
in the area in order to support and encourage entrepreneurial business development and retention,
and increase small business start-ups and expansions.
GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of the
Growth Management Plan states that redevelopment plans may be developed for specific areas
within the County, and may consider alternative land use plans, modifications to development
standards, and incentives to encourage redevelopment.
LEGAL CONSIDERATIONS: The recommended action is consistent with all applicable
constitutional and general law, and complies with adopted County regulations, and thus, is
legally sufficient for Board consideration and approval.
RECOMMENDATION: That the Board of County Commissioners approve the contract for
consultant services with the RMPK Group in the amount of $228,320.00 and authorize the
Chairman to sign the standard County Attorney approved contract.
Prepared by: Michele R. Mosca, AICP, Principal Planner, Comprehensive Planning Dept.
Item Number:
Item Summary:
Meeting Date:
AQend8 Item No 16A35
. Septemlter 13, 2005
Page :-I of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16AJ5
RecommeFldati(ln 1hat the 800ml of County CommIssioners approve award of contract 05-
3801 Consulting Ser\lices lor Preparation of a Revised Immokalee Area Master Phm and
Rural LOC (Land Development Code) (Companion 10 Community Redevelopment Agency
(eRA) appro\lal of conhacl under 16 G1)
9/13/2005 9:00:00 AM
Principal Planner, AICP
Date
Prepared B~'
Michele R. Mosca, AICP
Community Development &
Environmental Services
Zoning 8. Umd Development Review
8/23/200511:47:16 AM
Date
Apllroved By
Sandra Lea Executive Secret.ory
Community Development & Community Develo~H1ll:mt 8.
EnYlfOnrnentot SerVl(;es Environmenttll SeHices Admin,
6/23f2005 3:42 PM
Appnl\'cd By
Date
Constance A. Johnson Operations Analyst
Community Development & Community Development &
Environmental Services Environmentnl Services Admin
8123f2005 4:04 PM
Rand<lll J Cohen
Date
Appro,,'cd By
Community Development &
Environmental Services
Commuinly Plalming and
Re-de\l!lIOpment ManOlger
Comprehensive Planning
8/241200510:56 AM
Kelsey Ward
Senior Purchasing and Contrncts Agent
Date
Allprovcd By
Administrative Services
Purchasing
8(26/2005 9:09 AM
Approved 8y
Steve Carnell
Admmistrative Services
Purchasmg/Gen0ral SVCl; Director
Date
Purchasing
8/26/20059:53 AM
JosUph K. Schmitt
Date
Approved By
Community Development &
Environmental Services
Community Development &
Environmental ServIces Adminstralor
Community Development g
E.n....ironmental S&rvicEls Admin.
8/2612005 4:Oft PM
Marjorie M. Student
Assilitant County Attorney
Date
Apllrnvcd B~'
County Attorney
County Attorney OffIce
8!29!20{}6 8;27 AM
OMS Coordinator
Administrative Assi1'llant
Date
Approved By
County Manager's OttIC€)
Office of Management & Budget
6/2912005 9:42 AM
Mnrk Isackson
Budg<'lt Analyst
Oat~
AllProvcd By
County Manager's Office
Office of Management & Budget
8129/200510:00 AM
Michael SmYKowskl
MGnagement & Budget D!rel.:tor
Date
A ppru\'Cd B}'
County M.magt!f'fl Office
Offlc~ of Managemellt & Budget
8/2912005 5:09 PM
Allproved By
Jamt.~6 V, Mudd
Board of County
Comml5sioners
County Manager
Date
County Manager's Office
6/31120065:13 PM
."-"
Agenda Item No. 16A36
September 13, 2005
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation to approve Collier County's Community Development Block Grant
(CDBG), HOME Investment Partnership (HOME) and Emergency Shelter Grant (ESG)
Consolidated Annual Performance and Evaluation Report (CAPER) for Fiscal Year 2004-
2005 as required by the U.S. Department of Housing and Urban Development (HUD), and
authorize the Chairman of the Board of County Commissioners to certify the CAPER for
submission to HUD.
OBJECTIVE: To have the Board of County Commissioners (BCC) approve a Resolution
accepting the Consolidated Annual Performance and Evaluation Report (CAPER) for
Community Development Block Grant (CDBG), HOME Investment Partnership (HOME) and
Emergency Shelter Grant (ESG) programs for fiscal year 2004-2005 as required by HUD, and
authorize the Chairman to certify the CAPER for submission to HUD.
CONSIDERATIONS: Collier County, along with its participating cities of Naples and Marco
Island, became eligible to receive federal entitlement funds on an annual basis through the
CDBG program in 2001. Collier County became eligible to receive HOME funds on an annual
basis in 2003 and qualified for ESG entitlement funds in 2004.
....-.."
HUD requires all direct entitlement communities to prepare a Consolidated Annual Performance
and Evaluation Report (CAPER) annually to determine whether the recipient of HUD funds is in
compliance with federal statutes and has the capacity to implement and administer these
programs. The CAPER provides a comprehensive review of the progress being made toward
meeting overall goals and objectives identified in the Five- Year Consolidated Plan and One-Year
Action Plan.
This Consolidated Annual Performance and Evaluation Report (CAPER) covers the period from
July 1, 2004 to June 30, 2005 for the County's three HUD entitlement programs CDBG, HOME
and ESG activities and must be submitted to HUD within ninety (90) days of the end of the
program year. The CAPER is due prior to September 30,2005.
Due to the voluminous nature of the CAPER, the document is not included as an attachment but
is provided under separate cover to members of the County administration. Members of the
public desiring to view the CAPER will find copies of this document available from Collier
County Financial Administration and Housing Department, Collier County Communication and
Customer Relations, and local libraries.
FISCAL IMPACT: $3,743,957 in CDBG, HOME and ESG funds was available for housing
and non-housing activities in FY 04-05. Of these funds, $1,213,150 has been expended and
$1,810,999 has been encumbered.
Since the County's initial entitlement funding in 2001, $11.6 million in HUD funding has been
received of which $9.4 million has been committed to HUD eligible activities.
-
Agenda Item No. 16A36
September 13, 2005
Page 2 of 5
GROWTH MANAGEMENT IMPACT: The CDBG, HOME and ESG projects are consistent
with and support the Housing, Future Land Use and Recreation and Open Space Elements of the
Collier County Growth Management Plan by providing infrastructure improvements and housing
assistance to improve the health, safety and welfare of the very low to moderate-income
residents of the community.
LEGAL CONSIDERATIONS: This request is internally consistent, complies with all
applicable laws and is legally sufficient for Board consideration and approval.
RECOMMENDATION: That the BCC approve Collier County's Consolidated Annual
Performance and Evaluation Report (CAPER) for CDBG, HOME and ESG activities during
2004-2005 as required by HUD and authorize the BCC Chairman to certify the CAPER for
submission to HUD.
Prepared by: Susan Golden, Federal/State Grants Administration Manager
Financial Administration and Housing
Item Number.
Item Summary:
Meeting DIIte:
Agenda Item No 16A315
September 13, 2005
Page 3 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A36
Recommendation to apprO\le Collier CountY" Community Development Block Grant (CDBG),
HOME Investment Partnership (HOME) and Emergency Shelter Gumt (ESG) COllsolldated
Annual Performance and Evaluation Report (CAPER) for Fiscal Yallr 2004-2005 8S required
by the U.S, Depar1menl of Housing and Urban Deve-Iapmenl (HUD), and auUlOrixe the
Chairman otthe Board of Cour~ty Commissioners 10 certify the CAPER for submission to
HUD.
9/1312005 9:00:00 AM
0...
Prepared By
Susan Golden
Community Deowlopment &
Environmental Services
Federal/State Grants Admnlatratlon
Manager
Flr'lanclal Admin. & Houling
6/24120054:48:43 PM
Oat.
Approved By
Constance A. Johnson Operations Anlllyst
Community Devtl'lopment & Community Development &
Environmental Serviees. Environmental Services Admil'.
8/2612005 1:04 PM
Apllroved By
D...
COrlnae Giblin
Community Devolopl1ll!lnt &
Environmental Service&
Housing Development Manager
Financial Admin. & Housing
8/2612005 2:47 PM
Dat.
Approved By
Denton Baker
Community Development &
Environmental Services
Financial Admin & Housing Director
Financial Admin. & Housing
8126120055;54 PM
Date
Approved By
Sandrll Lea Executive Secretary
Community De...elopment & Community Development &
Environmental Services En....lronmental Services Admin.
6/29!2005 9:22 AM
AIII)rOved By
0...
Jon'ph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Community Development &
Environmental Services Admin.
8129120051:33 PM
Date
Appro\'ed B)'
OMS Coordinlltor
County Manag<lr's Office
Administrative Aulslan!.
ONice 01 Managl!'ment & Budget
8129/2005 2:21 PM
Dare
Appruved By
Mark 16ackson
County Manager's Office
Budget Analy..t
OffIce of MaoaQtmlent 8. Budget
8/30120052:51 PM
Oat.
Approved B:!,'
Michael $mykowskj
County Mllnager'~ Offlce
Management & Budget Director
Office of Management & Budget
BfJ1/2005 3:03 PM
Da"
Allpro,'cd By
James V. Mudd
Board of County
Commissioners
County Mnnager
County M3nager'5 Office
9/1120057:55 PM
Agenda Item No. 16A36
September 13. 2005
Page 4 of 5
RESOLUTION NO. 2005-_
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, APPROVING FISCAL YEAR 2004-2005
CONSOLIDATED ANNUAL PERFORMANCE AND APPRAISAL
REPORT (CAPER) FOR THE COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG), HOME INVESTMENT PARTNERSHIP (HOME) AND
EMERGENCY SHELTER GRANT (ESG) PROGRAMS AS REQUIRED
BY THE U.s. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD), AND AUTHORIZING THE CHAIRMAN OF
THE BOARD OF COUNTY COMMISSIONERS TO CERTIFY THE
CAPER FOR SUBMISSION TO HUD AND PROVIDING AN EFFECTIVE
DATE
WHEREAS, HUD requires all entitlement communities to prepare a Consolidated
Annual Performance and Evaluation Report (CAPER) annually to determine whether the
recipient of HUD funds is in compliance with federal statutes and has the capacity to implement
and administer these programs; and
WHEREAS, the CAPER provides a comprehensive review of the progress being made
toward meeting overall goals and objectives identified in the Five-Year Consolidated Plan and
One-Year Action Plan; and
WHEREAS, the purpose of the CAPER is to demonstrate how federal funds are being
expended within very low to moderate-income communities;
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT:
1. The Board of County Commissioners of Collier County approves the
Fiscal 2004-2005 Consolidated Annual Performance and Appraisal Report
(CAPER) for the Community Development Block Grant (CDBG), HOME
Investment Partnership (HOME) and Emergency Shelter Grant (ESG)
programs.
2. The Chairman of the Board of County Commissioners is authorized to
certify the CAPER for submission to HUD on behalf of the County.
2. SEVERABILITY. If any section, sentence, clause or phrase of this
Resolution is held to be invalid or unconstitutional by any court of
competent jurisdiction, then said holding shall in no way affect the validity
of the remaining portions of this Resolution.
3. EFFECTIVE DATE. This Resolution shall become effective upon
Agenda Item No. 16A36
September 13, 2005
Page 5 of 5
adoption by a majority vote ofthe Board of County Commissioners.
This Resolution adopted this
of September 2005, after motion, second
and majority vote favoring same.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY
COMMISSIONERS OF COLLIER
COUNTY, FLORIDA
By:
Deputy Clerk
By:
FRED W. COYLE,
CHAIRMAN
Approved as to form and
legal sufficiency:
Patrick G. White
Assistant County Attorney
Agenda Item No. 16A37
September 13, 2005
Page 1 of 4
EXECUTIVE SUMMARY
Recommendation to approve for recording the final plat of "Reflection Lakes at Naples
Phase 10", approval of the standard form Construction and Maintenance Agreement and
approval of the amount of the performance security
OBJECTIVE:
To approve for recording the final plat of "Reflection Lakes at Naples Phase 10", a subdivision
of lands located in Section 12, Township 51 South, Range 26 East, Collier County, Florida,
following the alternative procedure for approval of subdivision plats pursuant to Resolution 99-
199.
CONSIDERATIONS:
e_
Engineering Review Section has completed the review of the construction drawings,
specifications, and final plat of "Reflection Lakes at Naples Phase 10". These documents are in
compliance with the County Land Development Code and Florida State Statute No. 177. All
fees have been paid. Security in the amount of 10% of the total cost of the required
improvements, and 100% of the cost of any remaining improvements, together with a
Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and
accepted by the Engineering Services Director and the County Attorney's office prior to the
recording of the final plat. This would be in conformance with the County Land Development
Code -- Section 10.02.04.
Engineering Services Department recommends that the final plat of "Reflection Lakes at Naples
Phase 10" be approved for recording.
FISCAL IMPACT:
The project cost is $14,800.00 (estimated) to be borne by the
developer.
The cost breakdown is as follows:
a)
b)
Water & Sewer
Drainage,
Paving, Grading
- $ 2,549.34
- $12,250.66
The Security amount, equal to 110% of the
project cost, is $16,280.00
The County will realize revenues as follows:
.-
Fund: Community Development Fund 131
Agency: County Manager
Cost Center: 138327 -- Engineering Project Review
Revenue generated by this project:
Total: $1,459.00
Agenda Item No. 16A37
September 13, 2005
Fees are based on a construction estimate of $14,800.00 and were paid iRcM:a~aH,4
2005.
The breakdown is as follows:
a) Plat Review Fee ($1,000.00 + $5./ac) -$1,015.00
b) Construction Drawing Review Fee
Water &
Sewer (.75% const. est.) -$ 19.12
c) Drainage,
Paving, Grading (.75% const. est.) -$ 91.88
d) Construction I nspection Fee
Water &
Sewer (2.25% const. est.) -$ 57.36
e) Drainage, Paving,
Grading(2 .25%const.est.) - $ 275.64
GROWTH MANAGEMENT IMPACT:
The developer must receive a Certificate of Adequate Public Facilities prior to issuance of the
construction plan final approval letter.
ENVIRONMENTAL ISSUES:
There are no outstanding environmental issues.
HISTORICAUARCHAEOLOGICAL IMPACT:
There are no historical or archaeological impacts. If during the course of site clearing,
excavation or other construction activity, a historic or archaeological artifact is found, all
development within the minimum area necessary to protect the discovery shall be
immediately stopped and the Collier County Code Enforcement Department contacted.
LEGAL CONSIDERATIONS:
The County Attorney's office has reviewed the plat and associated documents and found
same to be legally sufficient.
RECOMMENDATION:
That the Board of County Commissioners approve the Final Plat of "Reflection Lakes at
Naples Phase 10" for recording with the following stipulations:
1. Approve the amount of $16,280.00 as performance security for the required improvements;
or such lesser amount based on work completed, and as is approved by the Engineering
Services Department.
2. Approve the standard form Construction and Maintenance Agreement, and
a. That no Certificates of Occupancy be granted until the required improvements have
received preliminary acceptance.
b. That the plat not be recorded until suitable security and an appropriate Construction
and Maintenance Agreement is approved and accepted by the Engineering Services
Department Director and the County Attorney's office.
PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department
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Agenda Item No_ HiA37
~ September 13,2005
Pa~ie 4 Df 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16A37
Meeting Date:
Recommendatwn 10 approve for ffwording the fiMI plat of Reflection Lakes at Naples Pna"e
10, approval of Ihe standard form Construction and Maintenance Agreement flnd Approval of
the amounl of the pertormance security.
9/13,02005 9:0C':00 AM
Prepared B)
John Houlc.isworth
Senior Engineer
Dote
Community Development &
Environmental Services
Engineeril19 Services
8/25120057:04:25 AM
A Pllrovcd By
Sandra Len EJI!.ecutive Secretary
Community Dewlopment & Community Development &
Environmentai $efllice$ Enyironmental ServiceI'; Admin.
Dote
8/25J2005 9~09 AM
Appro\'cd By
Constance A. Johnson OJ.,)eratione. Analyst
Community Development & Community Deyelopment &
Environmental Serlo' ices Environmental Services Admin.
D...
8125(200510:21 AM
Approved B)'
Thomas E. Kuck, P.E
COES E.ngineering Services Director
Dot.
Community Development &
Enlo'lfonment.,1 Services
CDES Engineering Services
8/21')1200512:00 PM
Appro\'cd By
Joseph K. Schmitt
Community Development &
Environmental SeNices Adminstrator
Dal.
Community Oeyelopment &
Environmentsf Services
Community Deve-lopment &
Environmental Services Admin.
8!29r20051:31 PM
Apl)rO\'cd B)'
OM8 Coordmator
AdministrtltivC' Assistant
Date
County Manager's Office
Office of Management & Budget
6n9/2005 2:20 PM
A pprovcd B)'
Mark Isackson
Budget Analyst
Dote
County Manager's Office
OHice of Man3Qermmt & Budget
8/2912005 5~02 PM
Approved By
MichaelSmykowski
Management & Budget Director
Dote
County Manager's Office
Office 01 ManilQenwnt & Budget
8/29120055:14 PM
Appro,,'cd B)
James V. Mudd
Bo.ard or County
Commissioners
County Manager
Dote
County Manager's OffIce
6/30/200512:20 PM
Agenda Item No. 16A38
September 13, 2005
Page 1 of 4
EXECUTIVE SUMMARY
Recommendation to approve for recording the final plat of "Fiddler's Creek Phase 3, Unit
Four", approval of the standard form Construction and Maintenance Agreement and
approval of the amount of the performance security
OBJECTIVE:
To approve for recording the final plat of "Fiddler's Creek Phase 3, Unit Four", a subdivision of
lands located in Section 14, Township 51 South, Range 26 East, Collier County, Florida,
following the alternative procedure for approval of subdivision plats pursuant to Resolution 99-
199.
CONSIDERATIONS:
Engineering Review Section has completed the review of the construction drawings,
specifications, and final plat of "Fiddler's Creek Phase 3, Unit Four". These documents are in
compliance with the County Land Development Code and Florida State Statute No. 177. All
fees have been paid. Security in the amount of 10% of the total cost of the required
improvements, and 100% of the cost of any remaining improvements, together with a
Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and
accepted by the Engineering Services Director and the County Attorney's office prior to the
recording of the final plat. This would be in conformance with the County Land Development
Code -- Section 10.02.04.
Engineering Services Department recommends that the final plat of "Fiddler's Creek Phase 3,
Unit Four" be approved for recording.
FISCAL IMPACT:
The project cost is $189,146.67 (estimated) to be borne by the
developer.
The cost breakdown is as follows:
a)
b)
Water & Sewer
Drainage,
Paving, Grading
- $ 63,976.00
- $125,170.67
The Security amount, equal to 110% of the
project cost, is $208,061.34
The County will realize revenues as follows:
-
Fund: Community Development Fund 131
Agency: County Manager
Cost Center: 138327 -- Engineering Project Review
Revenue generated by this project:
Total: $6,704.41
Agenda Item No. 16A38
September 13, 2005
Fees are based on a construction estimate of $189,146.67 and were paidf1me 2 of 4
March, 2005.
The breakdown is as follows:
a) Plat Review Fee ($1,000.00 + $5./ac) -$1,030.00
b) Construction Drawing Review Fee
Water &
Sewer (.75% const. est.) - $ 479.82
c) Drainage,
Paving, Grading (.75% const. est.) - $ 938.78
d) Construction Inspection Fee
Water &
Sewer (2.25% const. est.) - $1,439.46
e) Drainage, Paving,
Grading(2.25%const.est.) - $2,816.35
GROWTH MANAGEMENT IMPACT:
The developer must receive a Certificate of Adequate Public Facilities prior to the issuance of
the construction plan final approval letter.
ENVIRONMENTAL ISSUES:
There are no outstanding environmental issues.
HISTORICAL/ARCHAEOLOGICAL IMPACT:
There are no historical or archaeological impacts. If during the course of site clearing,
excavation or other construction activity, a historic or archaeological artifact is found, all
development within the minimum area necessary to protect the discovery shall be
immediately stopped and the Collier County Code Enforcement Department contacted.
lEGAL CONSIDERATIONS:
The County Attorney's Office has reviewed and approved the plat and associated legal
documents.
RECOMMENDATION:
That the Board of County Commissioners approve the Final Plat of "Fiddler's Creek Phase 3,
Unit Four" for recording with the following stipulations:
1. Approve the amount of $208,061.34 as performance security for the required improvements;
or such lesser amount based on work completed, and as is approved by the Engineering
Services Department.
2. Approve the standard form Construction and Maintenance Agreement, and
a. That no Certificates of Occupancy be granted until the required improvements have
received preliminary acceptance.
b. That the plat not be recorded until suitable security and an appropriate Construction
and Maintenance Agreement is approved and accepted by the Engineering Services
Department Director and the County Attorney's office.
-
PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department
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AQend<.: Item No 16f\38
,. Seolernber 13, 2005
Page 4 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16A38
RecomrTll~mlalion 10 Approve lor TE~:::ording the final pial of Fiddlers Creek Phase 3. Unit Four.
approval of tile standard form Cons-truction and Maintenance A.qreement and approval of the
amount of the performance security
Meeting Date:
9/13/20059:00'00 AM
Prepared B)'
John Houldsworth
Senior Engineer
Dote
Community Development &
Environmentiill Services
E:.ngineerill9 Services
8125f2005 10:37:45 AM
Approved By
Constance A. Johnson Operations AnalYlJ-t
Date
Community Devt.!loprnenl &. Community Oe-velop/11C'nt a
Erh/itonmffillal s.:-r>liCGS [rWir<:;IU'tli!oI\IM 5<!rvice& Admin
8{2512005 10:42 AM
Appro,'cd By
Sandra Le;, Ex.ecuti\le Secretary
Date
Community Development & Community Development &
Environmemtal S('ndces EnvIronmental Services Admin
8125/200510:50 AM
Appru,'ed By
Thomas E. Kuck, P,E
GOE.S E.n-gineering Services. Director
Oat.
Community Development &
En...ironmentof Services
COES Engineering Services
B/26:2oo5 12:01 PM
Appro\-'cd B~'
Joseph K. Schmit!
Community Development 8.
Environmental Services Adminstrator
Dot.
Community Development &
EnvironlTK!nta! Services
Community Development &
Environme-ntal Services Admin,
8!1912005 1:29 PM
A,)pro\-'cd B)'
OMS Coordinator
Administrative Assistant
Om
County Managc.r's Office
Office of Management & BUdget
el29l2005 2:20 PM
Appro,'"cd BJ
Mark Isackson
Budget Analyst
DatI!
County Manager's Office
Office of Manage-ment & Budget
812912005.5:07 PM
Approvcd By
Michael Smykowski
Management & Budget Director
Dote
County Manager's Office
Offic~ of ManagenMlnt & Budget
8129/20055:16 PM
Apl)rOved B)'
James V Mudd
County Manager
Date
Boord of County
Commissioners
County Manager's: Office
8/30/2005 3:27 PM
Agenda Item No. 16A39
September 13, 2005
Page 1 of 12
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners of Collier
County, Florida approve an agreement between Collier County and the
Economic Development Council of Collier County (EDC) for continuation of
the Economic Diversification Program by providing a contribution to the
EDC of up to $400,000 for Fiscal Year 2006, and authorizing the Chairman
of the Board of County Commissioners to sign the agreement on behalf of
Collier County
OBJECTIVE: That the Board of County Commissioners approve the attached interlocal
agreement between Collier County (County) and the EDC, thus continuing the
private/public partnership for economic diversification and providing for funding of up to
$400,000 for fiscal year 2006 and authorize the Chairman to sign the agreement on behalf
of Collier County.
..-
CONSIDERATIONS: The Board of County Commissioners (BCe) has tentatively
approved the Community Development and Environmental Services Division (eDES)
budget that contains an appropriation of $400,000 to continue the public/private
partnership between the County and the EDC, known as the Economic Diversification
Program. This program was initially established in 1997 and has continued through the
current year. The Program's objective is to promote economic development initiatives
that diversify the County's economy, create high-wage value-added jobs, and enable all
county residents to have meaningful opportunity for upward mobility while improving
the diversity and economic stability of Collier County.
FISCAL IMP ACT: The County, through the proposed FY 06 EDC budget
appropriation of $416,300, is providing General Fund funding through the CDES
Financial Administration and Housing Department's budget. The operational costs of
$416,300 is composed of $400,000 to be reimbursed to the EDC for personnel and
marketing expenses and the remaining $16,300 for County EDC related expenses.
The EDC will be reimbursed up to a maximum of $400,000 for expenses incurred
beginning October 1,2005, as prescribed in the attached Agreement between the County
and the EDC. The EDC is committed to providing a minimum of $400,000 as the private
sector participation in the Program.
GROWTH MANAGEMENT IMPACT: This agreement is consistent with the
Economic Element of the Collier County Comprehensive Plan. Additionally, the Board
of County Commissioners has identified economic diversification as a Strategic Goal that
will serve to strengthen the economic viability of Collier County.
.-
EDC Agreement
Page 2
Agenda Item No. 16A39
September 13, 2005
Page 2 of 12
LEGAL CONSIDERATIONS: The proposed agreement complies with all applicable
constitutional and general law, and is legally sufficient for Board consideration and
approval.
RECOMMENDA TION: That the Board of County Commissioners approve the
attached interlocal agreement between Collier County and the EDC continuing the
private/public partnership for economic diversification and providing for funding of up to
$400,000 for fiscal year 2006 and authorizing the Chairman to sign the agreement on
behalf of Collier County.
Prepared by: Amy Patterson, Impact Fee/Economic Development Manger
Financial Administration and Housing, CDES
,-
Item Number:
Item Summary:
Meeting Date:
Agenda Uem No 16A39
September 13, 2005
Page 30112
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A39
Recommendalio111hl1t lhe Bo~rd of County Cornmis!;.ioner8 of Collier County. Florida applOv~
a.n agreement between Collier COUlll)! 8nd the Economic Development Council of Collier
County (EDC) for continuation of the Economic Diversification Program by providing a
contributIOn to 1he EDC 01 up 10 $400,000 lor Fiscal Year 2006, and aUlhoriz.ing ttle
Chairman of Ihe Board of County Commissioners to Gigo the agreement on behalf of Collier
GCllmty
9/13/20059:00:00 AM
Impact F.ee Managef
Oate
Prepared By
Amy Patterson
Community Development &
Environmental Servlc.85
Financial Admin. & Housing
8/24/20052:48:25 AM
0...
Approved By
Sandra. Lea Executive Secretary
Community Development & Community Development..\
Environtnl!l'mal Service$! Environmental Services Admin
6/2412005 4;03 PM
AIJprovcd By
0"'.
Constance A. Johnson OPl!l'rntion8 AnalylJt
Community Development & Community Development &
Environmental Services Environmental Services Admin,
6/25120059:36 AM
Denton Bakll'r
Financlal Admin & Housing Director
0...
Approl'ed By
Community Development &
Environmental Services
Finllncial Admin. & Housing
8.125120054:17 PM
Apprmred By
Joseph K. Schmitt
Community Del/'eloprnent &
Envlronmontal Services
Community Oevefoproonf &
EnYlronmenla! Services Adminstrator
Community De-velopment &
Environmental ~rV1CtlS Admin.
Dare
8f26/2005 7:51 PM
Patrick G. Whit.
Anistant County Attorney
0'"
Approved By
County Attorney
County Attorney OfficllI
8/2912005 4:02 PM
Approved By
OMS Coordinator
County Manager's Office
Adminl&trlrtlve A.sststllnt
0...
OffIce of Management & Budget
8!30rZO05 10:55 AM
Mark l.aackson
Budgot Analyst
Oat.
Approved By
C aurdy Manager'l> Office
OffIce of Management& Budget
91112005 \1:16 AM
Michael Smykow&ki
0...
AIJIJrond By
County Manager's Office
Manage~nt & Budget Director
Officl.'l of Man.ltg.enlt!nt & Budget
9111'20051:01 PM
Approved By
J.arnes. V. Mood
Board 01 County
Commissioners
County ManQger
D.te
County Manager's Office
9f2J20D5 3:16 PM
JIIII"""'"
Agenda Item No. 16A39
September 13, 2005
Page 4 of 12
AGREEMENT
TIllS AGREEMENT is entered into this day of 2005, by Collier
County, Florida, a political subdivision of the State of Florida, through its Board of
County Commissioners, hereinafter referred to as the "COUNTY," and the Economic
Development Council of Collier County, a Florida not-for-profit corporation, hereinafter
referred to as the "EDC."
WITNESSETH
WHEREAS, the Legislature of the State of Florida, Enterprise Florida, Inc., and
the County have determined there is a need to enhance economic activities in the State
and Collier County, by retaining, expanding, and attracting high wage jobs through
economic diversification and development in order to promote a stronger, more balanced,
and stable economy; and
WHEREAS, to implement this goal the State Legislature has adopted Chapter
159, Florida Statutes, including the Revenue Bond Act of 1953, the Florida Industrial
Development Financing Act, and Industrial Development Authorities, Housing Finance
Authorities, and Research and Development Authorities; and
WHEREAS, the County now finds and determines that it is in the public interest
of the citizens of Collier County to assist the EDC through this Agreement in the EDC's
business diversification program to expand the County's tax base, to expand the
employment opportunities of the residents of the County, to increase economic mobility
for residents and thereby reduce the associated burdens placed on local government and
the private sector taxpayers; and
WHEREAS, the EDC is a private not-for-profit corporation created by the
initiative of the private sector business community for the purpose of retaining,
expanding and recruiting high wage jobs for Collier County; and
WHEREAS, the EDC performs many business diversification activities which are
not performed by the County and which are essential to successful business
diversification in Collier County; and
WHEREAS, the County recognizes that successful business diversification
requires confidentiality with respect to the plans, objectives, criteria, and corporate
information of business candidates for retention, expansion, and recruitment and that
such confidentiality is in the public interest of the citizens of Collier County; and
WHEREAS, the County finds that it is essential to the public interest to have an
appropriate accounting of the expenditure of public funds, especially by a non-public
agency such as the EDC; and
Page 1 ofB
Agenda Item No. 16A39
September 13, 2005
Page 5 of 12
WHEREAS, the Legislature of the State of Florida has recognized in Section
812.081, Florida Statutes, and in other provisions of said statutes, the public interest in
maintaining certain confidentiality in the business diversification and development
process; and
WHEREAS, the County finds the EDC is an especially appropriate entity to
facilitate business diversification and development in Collier County which includes
providing business candidates with the type of confidential assistance which is essential
to successful business diversification and development; and
WHEREAS, pursuant to the Florida Industrial Development Financing Act, Part
II of Chapter 159, Florida Statutes, the County is permitted to issue Industrial
Development Revenue Bonds; and
WHEREAS, in connection with the performance of its responsibilities, the
Industrial Development Authority (IDA) receives, investigates and reviews applications
from various parties seeking issuance of such Bonds; and
WHEREAS, the EDC performs certain functions on behalf of the IDA in
reviewing, processing and/or presenting such bond. applications; providing continuing
administration with respect to Bond issues which have been placed; and performing other
specified functions; and
WHEREAS, it is in the best interest of the County to enter into a contract with the
EDC to conduct activities in accordance with the terms and conditions set forth herein;
and
WHEREAS, the EDC has in the past, and will continue in the future to expend
substantial sums from its private sector membership dues to promote economic
diversification; and
WHEREAS, in Fiscal Year 2003-04, the business community in Collier County
paid approximately $673,450 to the County in occupational license fees; and
WHEREAS, the County has appropriated for the County's Fiscal Year 2006
(October I, 2005 - September 30, 2006), the sum of Four Hundred Thousand dollars
($400,000), to the EDC, to conduct economic diversification and development activities.
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, the parties hereto agree as follows.
ARTICLE 1
a. The County hereby grants to the EDC up to $400,000 for the term of the
Agreement for the EDC's business diversification and development activities,
Page 2 of8
Agenda Item No. 16A39
September 13, 2005
Page 6 of 12
conducted in cooperation with the County, as described in the Summary Budget
attached hereto as Exhibit "A." The EDC shall be paid for its actual cost not to
exceed the total amount for various line items and up to the maximum amount
budgeted pursuant to the attached "Exhibit A," subject to the maximwn total
amount. Each individual line item may be increased or decreased by up to ten
percent (10%) at the discretion of the EDC. Adjustment in excess often percent
(10%) of any line item must be authorized by the County Manager or his
designee. The payment of the County's grant shall be made to the EDC in bi-
monthly installments, (to be interpreted as twice a month), as expenses are
accrued and invoices are received, commencing with the first month of this
Agreement. Once said funds are expended, this Agreement will automatically
terminate. In no event shall the County pay the EDC more than the appropriated
amount of $400,000 during the term of this Agreement.
b. The EDC shall, within 30 days following the 18th bi-monthly installment (to be
interpreted as the 9th month), certify the amount of EDC private funds obtained
and written commitments received for funds payable during the pending contract
year for the previous nine months.
ARTICLE 2
The EDC shall on behalf of the County:
a. Establish and maintain staff to process, investigate and review business
candidates that will retain, expand and/or create high wage jobs in Collier County.
b. Provide business promotion collateral materials and business assistance services
to business candidates.
c. Use its best efforts to obtain high quality supplies and services for use in the
performance of these services at the lowest practical costs and shall expend funds
in accordance with the Summary Budget attached hereto as Exhibit "A".
d. Furnish the County Manager with a quarterly narrative progress report on the
program and activities described in the Summary Budget attached hereto as
Exhibit "A". Such reports will contain basic statistical information relevant to the
economic diversification public/private partnership program and a statement of
expenditures made in each budget category and line items identified in the
Summary Budget attached hereto as Exhibit "A".
e. Furnish an annual report of expenditures of County funds in such form as the
Clerk of Courts will prescribe. This report will be on a fiscal year of October 1
through September 30, and will be due on November 15, of each year.
f. Agree that any equipment purchased in accordance with this Agreement will be
taken up on an inventory record by the EDC and inventoried.at least annually.
Page 3 of8
Agenda Item No. 16A39
September 13, 2005
Page 7 of 12
Upon expiration of the useful life of such equipment, or termination of use by the
EDC, whichever is later, such equipment will be returned to the County or
disposed of as authorized in writing by the County. All listed equipment must be
returned to the County upon termination of this agreement. The EDC shall
purchase property insurance coverage to insure all real and personal property
covered by this paragraph. Such policy shall name Collier County as a loss payee
with respect to the loss of county purchased property.
ARTICLE 3
a. The term of this Agreement shall be for a period of one (1) year to begin October
I, 2005 and end on September 30, 2006, unless earlier terminated in accordance
with paragraph b. below.
b. Either party may terminate this Agreement upon one hundred eighty (I80) days
written notice to the other of its intention to terminate. In the event of
termination, the County shall pay for services and costs incurred prior to the date
of termination. With regard to the portions of payments made to the Board in
excess of the services and costs incurred by the EDC prior to the date of
termination, the EDC shall remit to the County all of such excess portions.
c. After termination, and except as otherwise directed, the EDC shall:
1. Stop working under the Agreement on the date, and to the extent specified, in
the notice of termination.
2. Place no further orders or subcontracts for materials, services or facilities,
except as may be necessary for completion of such portion of the work under
the Agreement as is not terminated.
3. Terminate all orders and subcontracts to the extent that they relate to
performance of work that was terminated.
4. Prepare all necessary reports and documents required of the terms of the
Agreement up to the date of termination, including the final report due at the
end of the program, if any, without reimbursement for services rendered in
completing said reports beyond the termination date.
5. The EDC shall give written notice of its intent to renew said Agreement to the
Board of County Commissioners no less than one hundred eighty (180) days
prior to the expiration of the Agreement, as necessitated by the County budget
process. However, the County is under no obligation to renew such
Agreement.
Page 4 of8
Agenda Item No. 16A39
September 13, 2005
Page 8 of 12
ARTICLE 4
Waiver by either party of the breach by the other party of any provisions of this
Agreement shall not be deemed a waiver of any other or subsequent breaches
and shall not be construed to be a modification of the terms of this Agreement.
ARTICLE 5
a. The parties deem the services to be rendered by the EDC for the County under
this Agreement to be personal in nature. The EDC shall not assign any rights or
duties under this Agreement to any other party without written permission of the
County. If the EDC attempts to assign any rights or duties without prior written
permission of the County, this Agreement may be declared void by the County
and the EDC thereupon agrees to remit to the County all payments made pursuant
to this agreement for the entire term ofthis Agreement.
b. The EDC shall not enter into agreements with subcontractors for any of the work
contemplated under this Agreement without first obtaining written approval of the
County subject to such conditions and provisions as the County may deem
necessary; provided, however, that notwithstanding the foregoing, unless
otherwise provided herein, such prior written approval shall not be required for
purchase by the EDC of such articles, supplies, equipment, and services which are
necessary and incidental to the performance of the work described herein. The
requirements of this clause shall not be deemed in any event or manner to provide
for the incurrence of any obligation of the County by any actions ofthe EDC.
c. To the fullest extent permitted by law, the EDC will indemnify and hold harmless
the County from and against all claims, damages, losses, and expenses, including
reasonable attorney's fees and costs, arising out of or resulting from the
performance by the EDC of its responsibilities under this Agreement.
d. The EDC is hereby declared by the parties to be an independent contractor for the
performance of the economic diversification and development activities and will
be responsible for the initiating, maintaining and supervising of all safety
precautions and programs necessary in connection with this Agreement. The
EDC shall not be considered a public agency as a result of its assumption of the
duties described herein. The EDC agrees to comply with all applicable safety
laws, ordinances, rules, regulations, standards and lawful order of any public
authority having jurisdiction over the matter in question.
ARTICLE 6
a. The County shall render payments bi-monthly (to be interpreted as twice a
month), commencing October 1, 2005 through September 30, 2006.
Page 5 of8
Agenda Item No. 16A39
September 13, 2005
Page9of12
b. The EDC shall keep orderly and complete records of its financial accounts and
financial transactions involving the funds provided to the EDC under this
Agreement. The EDC shall open these records to inspection by County personnel
at reasonable hours during the entire term of the Agreement. Any person duly
authorized by the County shall have full access and the right to examine any of
these records during the term of the Agreement and up to three (3) years
thereafter. The EDC shall submit annual reports to the County, in form and
substance, as prescribed in writing by the County, with regard to the activities of
the public/private partnership for economic diversification.
c. The EDC shall provide the County with its independent annual audit of the
immediately proceeding fiscal year no later than January 31 of each year of this
Agreement. Such audit will contain a detailed listing with useful lives, of
equipment purchased by County-provided funds as described in Article 2f. The
provisions of this paragraph will survive termination of this Agreement as to the
fiscal years, or portions thereto during which this Agreement is in effect.
ARTICLE 7
The EDC shall not discriminate against any employee or person served under this
Agreement on account of race, color, sex, sexual orientation, age, religion,
ancestry, national origin, handicap or marital status.
ARTICLE 8
All notices required in this Agreement shall be hand delivered or sent by certified
mail, return receipt requested, and if sent to the County shall be addressed to:
Denton Baker
Director of Financial Administration and Housing
Community Development and Environmental Services Division
Collier County
2800 North Horseshoe Drive
Naples, FL 34104
And if sent to the EDC, shall be addressed to:
Tammie Nemecek
President/COO
Economic Development Council of Collier County
3050 North Horseshoe Drive, Suite 120
Naples, FL 34104
Page 6 of8
Agenda Item No. 16A39
September 13, 2005
Page10of12
ARTICLE 9
Any alterations, variations, modifications or waivers of provisions of this
Agreement shall only be valid when they have been reduced to writing, duly
signed, by both parties hereto, and attached to the original of this Agreement.
ARTICLE 10
The County's performance and obligation to pay under this contract is contingent
upon an annual appropriation for its purpose by the Board of County
Commissioners.
ARTICLE 11
As provided in F.S. 287.132-133, by entering into this Agreement or performing
any work in furtherance hereof, the EDC certifies that it, its affiliates, suppliers,
subcontractors and consultants who will perform hereunder, bave not been placed
on the convicted vendor list maintained by the State of Florida Department of
Management Services within 36 months immediately preceding the date hereof.
This notice is required by F.S.287.133 (3)(a).
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set
forth above.
ATTEST: Dwight Brock,
Clerk of Courts
Collier County, Florida
Board of County Commissioners
By:
Deputy Clerk
FRED COYLE, Chairman
Date:
~~ ~.~eg~ sufficiency.
Patrick G. White
Assistant County Attorney
(Witnesses and EDC signatory on following page)
Page 7 of8
WITNESS:
Signature
Name (printed)
WITNESS:
Signature
Name (printed)
Page 8 of8
Agenda Item No. 16A39
September 13, 2005
Page 11 of 12
CONSULTANT:
Economic Development Council
of Collier County
By:
Tom Conrecode, Chairman
EDC Board of Directors
Agenda Item No. 16A39
September 13, 2005
Page 12 of 12
ECONOMIC DEVELOPMENT COUNCIL
OF COLLIER COUNTY
NAPLES, FLORIDA
EVERGLADES CITY, GOLDEN GATE
IMMOKALEE . MARCO ISLAND
Exhibit "A"
Budget
Economic Diversification
October 1, 2005 - September 2006
$400,000
Administrative Expenses
Including salaries, taxes and benefits
$350,000
Marketing Expenses
Including, but not limited to:
Targeted Industry Marketing Campaigns
Collateral Publications
$50,000
Equipment Expenses
-$0-
Total
$400.000
Agenda Item No. 16A40
September 13, 2005
Page 1 of 2
EXECUTIVE SUMMARY
Recommendation to approve two Budget Amendments transferring funds from the
Affordable Housing Trust Fund to the Marco Affordable Housing Fund for the
purpose of separating SHIP Funds and Inter-local Agreement Funds; recognizing
additional carry-forward in the Affordable Housing Trust Fund; and recognizing
FY 05 Affordable Housing revenue within Fund.
OBJECTIVE: Recommendation to approve two Budget Amendments transferring funds
from the Affordable Housing Trust Fund to the Marco Affordable Housing Fund, for the
purpose of separating SHIP Funds and Inter-local Agreement Funds; recognizing
additional carry-forward in the Affordable Housing Trust Fund; and recognizing FY 05
Affordable Housing revenue within Fund.
CONSIDERATIONS: The Affordable Housing Trust Fund is the County's depository
for State Housing Initiative Partnership (SHIP) funds. Collier County also receives
affordable housing funding from the City of Marco Island through an Inter-local
Agreement. These budget amendments establish the financelbudget basis for Fund 116 to
act as the depository for City of Marco Island contributions. The budget amendments also
transfer existing Marco Island deposits into Fund 116 and recognize carry forward in the
Affordable Housing Trust Fund.
FISCAL IMPACT: Additional carry-forward revenue within Fund 191, the affordable
housing trust fund, is the product of previous unspent grant revenue. Part of this
additional carry- forward or $61,420 will be transferred to Fund 116 providing for
separation of SHIP and Inter-local agreement funds. Within Fund 116 $63,786 in FY 05
receipts will be recognized as revenue.
GROWTH MANAGEMENT IMPACT: There IS no growth management impact
related to this request.
LEGAL CONSIDERATIONS: The recommendation for authorization of these Budget
Amendments is internally consistent, complies with all applicable constitutional and
general law, and is legally sufficient for Board of County Commissioners' consideration
and approval.
RECOMMENDATION: Recommendation to approve two Budget Amendments
transferring funds from the Affordable Housing Trust Fund to the Marco Affordable
Housing Fund, for the purpose of separating SHIP Funds and Inter-local Agreement
Funds; recognizing additional carry-forward in the Affordable Housing Trust Fund; and
recognizing FY 05 Affordable Housing revenue within fund.
PREPARED BY: Cormac Giblin, Housing and Grants Manager
-
Agencia Item No. 16/\40
September 13, 2005
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16A40
Recommendation to ~pprove two Budget Amendmenlt transferring funds from1he Affordable
Housing Trusl Fund 10 the Mat<:o Affordable Housing FLmd for the purpose of separating
SHIP Funds and lnter"local klre~mellt Funds; recognizing additional carry-forward in the
Affordable Housing Trust Fund; and recognizing FY 05 Afford6ble HOtl'5ing revenue within
Fund
Meeting Date:
9/13f2005 9:00:00 AM
Preparcd By
Cormac Giblin
Housing Development Man..ger
D.",
Community Development &
Environmenta.l ~tvlces
Financial Admin, & Housing
8!3112005 2:53;37 PM
Approved By
Sandra U;r.a Executive Secretary
Community Dttvelopmenf & Community De....elopment &
Environmental Services E.nvlronmental Services Admin,
Oat.
8f31/2005 3:28 PM
Approved By
CDn$tance A.. Johnson Operations Analyst
Community Development & Community Oe~lopnwnt &
Environmental Services Environmental Service" Admin.
Dote
813112005 3:33 PM
Apl)rOvcd B)'
Joseph K. Schmitt
Community Development &
Environmental Services Adminstr..tor
0"",
Community Development &
Environmental Scr"o/i<:l!l.
Community Development &.
Environmental SE,lrvi~s Admin.
9/1120059:11 AM
A pproved By
OMB Coordm.a1or
Administrative. Asslstnnt
Dote
County Mansg6r'll Office
Offictl of ManGgem0nt & Budget
9/112005 1'.43 PM
AplJrOvcd By
Mark Isackson
Budget Analyst
0"",
County Manl)ge,'s Ofhc.e
OffIce of Management & Budget
911120053:00 PM
Approl'cd By
Michael SIllykOW8kl
Management & Budget Director
Dale
County Manager's OlfiCl!l
Office of Management &. Budget
9/2120059:36 AM
Approved B}'
J.;unetiV. Mudd
Bo.ard of County
Commissioners
County Manager
Dote
County Manager's Office
9/2120054:40 PM
Agenda Item No. 1681
September 13, 2005
Page 1 of 6
EXECUTIVE SUMMARY
Recommendation to approve the installation and operation of a traffic signal at the
intersection of Airport Pulling Road and Estuary Drive, at an annual maintenance cost of
approximately $3,500.
OBJECTIVE: To request that the Board approve a fully actuated traffic signal be constructed,
activated, and maintained at the intersection of Airport-Pulling Road and Estuary Drive in
accordance with any and all applicable Federal, State, and County standards and specifications
governing such traffic control devices.
CONSIDERATIONS: Florida Statute 316.006 provides that the County "may place and
maintain such traffic control devices which conform to the manual and specifications of the
Department of Transportation upon all streets and highways under their original jurisdiction as
they shall deem necessary... to regulate, warn or guide traffic." A traffic engineering study,
performed and approved by a Professional Engineer registered to practice in the State of Florida,
has concluded with the determination that the subject intersection will meet the minimum
warrants for signalization, specifically Warrant Number IB "Eight-Hour Interruption of
Continuous Traffic" as set forth in the Manual on Uniform Traffic Control Devices
(M.U.T.C.D.) in calendar year 2007. Installation of a traffic signal at this location, at 0.4 miles
north of the signal at Golden Gate Parkway and 0.2 miles south of the school/fire signal at the
- Poinciana Elementary School driveway, is within Collier County Access Management
Guidelines.
Traffic signals are typically only approved after a study indicates that the existing conditions at
the intersection warrant a signal. However, the planned construction activities for the Golden
Gate Parkway overpass project will greatly reduce access and egress for residents of the Estuary
at Grey Oaks and Bear's Paw developments, located adjacent to the construction zone, including
the elimination of left-turns onto Airport Road from Golden Gate Parkway. The early
implementation of the subject traffic signal on Airport-Pulling road at Estuary Drive will allow
safe access for residents onto Airport Road. Additionally, the Grey Oaks development has
extended to Bear's Paw residents gate access to Grey Oaks so they may utilize the private
roadways within Grey Oaks to access Airport-Pulling Road, enabling their safe access to
Airport-Pulling Road at this new signal. This use of Estuary Drive will provide assistance in
routing local traffic around what will be an overburdened intersection under construction at
Airport-Pulling Road and Golden Gate Parkway, reducing traffic through the intersection.
Therefore, early implementation of the signal at Estuary Drive will be beneficial to all motorists
traveling in this area.
GROWTH MANAGEMENT IMP ACT: There is no Growth Management impact associated
with this Executive Summary.
-
FISCAL IMP ACT: This traffic signal will be installed by the Grey Oaks development and built
to the County's standards and inspection approval. All of the costs associated with the
construction of the traffic signal will be borne by Grey Oaks development. Collier County will
,-
Agenda Item No. 1681
September 13, 2005
Page 2 of 6
assume responsibility for the operation and maintenance of the signal, including electricity
billing, at an average annual maintenance cost of approximately $3,500, paid for through the
normal Traffic Signal Maintenance, Electricity, and Signal Section personnel funds in the annual
Traffic Operations Fund 101 budget.
RECOMMENDATION: That the Board of County Commissioners approve a fully actuated
traffic signal be constructed, activated and maintained at the intersection of Airport-Pulling
Road and Estuary Drive in accordance with any and all applicable Federal, State, and County
standards and specifications governing such traffic control devices.
Prepared By: Robert W. Tipton, PE, PTOE, Traffic Operations Department Director
Attachments: 1) Letter: Grey Oaks C.C. to Bear's Paw C.C. re: Extension of temporary access
through Grey Oaks; 2) Letter: Bear's Paw C.C. to Grey Oaks C.C. re: Acceptance of travel
access conditions
Item Number:
hem Summary:
Meeting Date:
Agenda Hem No. 1681
September 13, 2005
Page 3of6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
1681
Recommendation tel approve ttle installll1ion and operation of a traffic signBi at the
intersection of Airpon Pulling Road And Estuary Drive, at an annual maintenance cost 01
approximately $3.500
9/13/20059:00:00 AM
Traffic Opora1ions Ofrwctor
Dote
Prepared B)<
Robert W, Tipton, P.E.
Tram!lportation Services
Traffic Operations
8/12120059:00:31 AM
Accounting Supe,rvisor
Dote
Approved B)'
Sharon Newman
Transportation Services
Trtlnsportation Administration
6/12120059:31 AM
Traffic Operations Director
Dote
Apllroved By
RobertW. TIpton, P.E.
Transportation Services
Traffic Operations
8f12f200S 11:39 AM
Dote
Approved By
Norm E. Feder, Alep
Transportation Services
Transportation Division Adminll\ltrator
Tr.ansporta1ion Servicas. Admin.
6/15/20057:26 AM
Pat Lehnhard
Executive Secrot.ry
Dot.
APllrovcd By
Transport.Uon Servic:es
Tr~nsportation SerlJicell Admin
8/1!i1200511:04 AM
AIJproved By
OMS Coordinator
County Manager's Office
Administrative Assistant
Dote
Office ot Management & BlIdQM
8/16/20059:14 AM
Mark 1t~3ck5on
Budget Analyst
Dot.
Approved By
County Manager's Office
Office of Management & Budget
S!16/Z00512:U PM
Michael Smykowski
M.mag61'r'1f:!nt & Budget DireQtor
Dot.
Approved By
County Mannge:r'$ Office
Office of Manlilgeroont & Budget
B!181200S 8:35 AM
AplJroved By
Leo E. Ochs, Jr.
Board 01 County
CDmmissioners
Oftputy County ManagfJr
Date
County MQnager's Office
B!23/200612:06 PM
r)l".
C.' .--
x:
(j/ffjJ'~
Agenda ltem No. 16B1
September 13,2005
Page 4 of 6
July 2~ 2005
Mr. James MacArthur, President
Bear's Paw Country Club
21838 MacAnhur Lane
HiUman, Micbigan 49746
Re: Golden Gate Parkwayl Airport Road Intersection
Dear Mr. MacArthur:
As I am sure you are aware, the constrUction oftbe overpass is progressing and the
contractor is preparing to transfer the traffic to the north side of Golden Gate Parkway in
me next 60 days. This will aUow for the construction of the on.grade lanes on the south
side and for the OVeJpa5S embankment and span. Although the contractor will keep at least
two east.bound and two west-bound lanes open at all times during construction, the county
will request that we assist in reducing traffic at the intersection.
First, we have agreed to allow the contractor to move his staging area to the south pornon
of the undeveloped Grey Oaks commercial parcel at the northwest comer of the
intersection. This allows for the parking and storage of equipment and material to be
outside of the right of way.
Second, we have agreed to contact )'01110 offer your members the ability to bypass the
intersection duringconstroction by utilizing Estuary Drive and Estuary Boulevard. This
access would be aHowed to all Bear's Paw residents with windshield identification
stickers, from 6 AM to 8 PM daily, through either of the Estuary guest entrances at Golden
Gate Parl.-wayor Airport Road.
This access would be allowed in conjunction with the County's approval1o install the
traffic signal at the Estuary Airport Road intersection and would begin when the signal
becomes operational. This signal will insure tbe safe use of ~t intersection by both
Estuary at Grey Oaks and Bear's Paw residents. AdditionaUy,aIJ Grey Oaks cast residents
would be encouraged to utilize this bypass to further reduce traffic flow around the
construction work
.&UU/ry ufN'1pl"J, 1m',. Gmmd 1~1rt1Irr
.\ Ll'Tl;ERT C\l~rt'-'.(,:\,
l>>tlrlol'mm! (JjJia,' 260Q GolJt'n G;trc: Pllrk',,:ay. Suitt: 109. Napb. Fl. 341 05
Cl1rpoY>tu OffiCI': 42()() Gulf Shore BOllleY'Jrd North. ".1:.1'1':$. FL 341 o.~
239.403.6777 · fax: 239.263.6110
Agenda Item No. 1661
September 13, 20'05
Page 5 of 6
.~-
July 22, 2005
Mr. James MacArthur
Re: Golden Gate parkwayl Airport Road Intersection
Page 2
Iftbis use of Estuary as a bypass is of interest to your members I please request your
operations personnel to contact Ms. Kelly Guarascio, Manager of Grey Oaks Community
Services (239.262.0520) to establish operaringrnles and regulations.
We look forward to working with Bear's Paw during this. construction period.
ESTIJARY A TGREY OAKS. L TO.
a Florida limited partnership
By Its General Partner:
::~~::;m~
KUrt M~ Lutg t /
Its: Vice President
cc: Terry J. Cook, C.O.O., Bear's Paw Country Club
Thomas W. Sansbury, Grey Oaks Development Corp.
Kelly Guarascio, C..A.M. Grey Oaks Community Services
Richard 1. Baker. Preside:nt,Lotgert Development
C. Neil Gregory, Parmer. Roetzel & Andress. LPA
~
Bear's
paw
Country Club, Inc.
Agenda Item No. 1681
September 13, 2005
Page 6 of 6
2500 Golden Gale Parkway. Naples. FL 3+ 105-329l)
239/263-3007 . Fax 239/263-7320
Mr. Kurt Lutgert, Vice President
Estuary at Grey Oaks Ltd.
2600 Golden Gate Parkway Suite 109
Naples FL 34105
RECEIVED
AUG 0 8 2DD5
COLLIER
TRAFFIC OP COUNTY
ERATlONS
August 8, 2005
RE: Estuary By-Pass
Dear Mr. Lutgert:
We are in receipt of your letter of July 22, 2005 regarding Bear's Paw use of the
Estuary's Golden Gate Parkway and Airport Road entrances to by-pass the overpass
construction site.
We are agreeable to the terms and conditions of your letter and will instruct our Chief
Operating Officer, Terry Jay Cook to contact Ms. Guarascio to establish the operating
procedures for the use of the by-pass.
We look forward toworking with the Estuary on this matter.
Sincerely,
bPm~~~
Bear's Paw Country Oub, Inc.
cc: Robert Tipton, Collier County Transportation Department
Tom Sansbwy, Grey Oaks Development Corp.
Terry Jay Cook, Bear's Paw Country Oub
Kelly Guarasdo, Grey Oaks Community Services
Club Website www.bearspawcc.org · Club e-mail tjbear2S00@aol.com
Agenda Item No. 16B2
September 13, 2005
Page 1 of 13
EXECUTIVE SUMMARY
Recommendation to approve the after-the-fact submittal of the attached County Incentive
Grant Program (CIGP) applications to the Florida Department of Transportation for
Interstate 7SIImmokalee Road improvements, SR 82 Project Development and
Environment Study and Santa Barbara Boulevard six-Ianing project
OBJECTIVE: For the Board of County Commissioners to authorize the County Manager to
submit three (3) County Incentive Grant Program (CIGP) applications to the Florida Department
of Transportation for the following projects, after-the-fact:
. Construction of loop ramp in southeast quadrant of Interstate 75/Immokalee Road
interchange ($7 million request);
. Reimbursement for County funds used to advance Project Development and Environment
(PD&E) Study on State Road 82 between State Road 29 and Hendry County Line
($500,000 request); and
. Construction of six-Ianing project on Santa Barbara Boulevard between Oolden Gate
Parkway and Davis Boulevard ($13.6 million request).
,,-
CONSIDERATIONS: The County Incentive Grant Program (ClOP) was created for the
purpose of providing grants to counties to improve transportation facilities located on the State
Highway System or which relieves traffic congestion on the State Highway System per section
339.2817, Florida Statutes.
For the most part, the subject projects are currently or will be programmed in the County's
Capital Improvement Program and matching funds are being requested through FDOT. The
ClOP was recently expanded through the State's Growth Management Bill. These three ClOP
applications will ensure that those County projects that will have the most benefit on the State
Highway System are considered for funding. ClOP and its counterpart, the Transportation
Regional Incentive Program (TRIP) are going to be the primary means the State will use to
allocate funds to counties.
The enclosed ClOP applications are due to the Florida Department of Transportation on August
31,2005. Because the Board of County Commissioners did not have an August meeting, it was
necessary for the County Manager to submit these applications on August 31 st, to be followed by
after-the-fact approval of the Board of County Commissioners during the September 13th
meeting.
FISCAL IMP ACT: Staff is working with FDOT to reduce the latest construction estimate for
the Interstate 7SlImmokalee Road interchange received from FDOT and is exploring additional
funding options including State Transportation Regional Incentive Program (TRIP) funding. No
additional County funds will be needed for the SR 82 or Santa Barbara Boulevard applications
since they are already fully-funded in the County budget.
GROWTH MANAGEMENT IMPACT: This request is consistent with Collier County's
Growth Management Plan.
"'~
Agenda Item No. 1682
September 13, 2005
Page 2 of 13
RECOMMENDATION: That the Board of County Commissioners approve the after-the-fact
submittal of County Incentive Grant Program (CIGP) applications for the three transportation
projects noted above.
Prepared by: Charles Barmby, AICP, MPO Director
Attachments: (1) CIGP Application Package for Interstate 7SIImmokalee Road; (2) CIGP
Application Package for SR 82 PD&E Study; (3) Construction of Santa Barbara
Boulevard Six-Laning Project (Golden Gate Parkway to Davis Boulevard).
,"-'"
Item Number.
hem Summary:
Meeting Date:
Agenda Item No. 1682
September 13, 2005
Page 3 of 13
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
1682
Recommenda1ion 10 au1horize submittal of County Incentive Granl (CIGP) applications for 1.)
Interstate 75!1mmokalee Road mterchange improvement cons1ruction /$7 million); 2.)
Reimbursement for 50~'~ of local funding used to advf'mce SR 82 PD&E Study ($500,000):
find 3.) Santa Ba.bara six-hming <lonstruc1ion funding (nla.-imtlm 35% match 101 non-Stale
highways) for the segment between Golden Gate Parkway and Davis Boulevard. ($13.6
million)
9113/20059:00:00 AM
Principal Planllf)f
0".
Prepared By
Charles Barmby
Transportation Sorvice~
Transportation Planning
6131/20052:32:31 PM
Transportation Planning Director
Date
Approved By
Donald L Scott.
TransportaUOf'l Services
Transportation PlImning
8(31120054:12 PM
Accounting SUper\iIBOr
Dote
Approved By
Sharon Newman
TranJlportatiOf1 S<!tvic~s
Tram.portation Administration
8131120054:20 PM
Executive SIeGretary
Date
Appruved By
Pat Lehnhard
Transport41ion Services
Transportation Services Admin
6J3112005 4:30 PM
Marlvne J. Foord
Gr.nlB Coordinator
Date
Approved By
Administrative Services
Administrative Services Admin.
6/3112005 4:49 PM
Approved By
OMS Coordinator
County Manager's OtTlce
Adminiatrative Assistant
Oat.
OffIce of Management & Budget
9/1120059:13 AM
Susan Usher
Dote
Approved By
County Manager's OfTlce
Senior ManagementlBUdget Analyst
Office of Management & Budget
9/1/20052:53 PM
Michael Sm~kowBki
Management 8. Budget Director
Dote
Apl)roved By
County Mannger's Office
OffIce of Management 8. Budgf1t
912120059;34 AM
Approved By
Jam~ V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager'a Office
91612GD5 11 :54 AM
Agenda Item No. 16B2
September 13, 2005
Page 4 of 13
INTERSTATE 75/IMMOKAlEE ROAD INTERCHANGE
FY 2005/06 County Incentive Grant Program Request
Fact Sheet
Contact Information for Applicant
Norman Feder, AICP, Administrator
Collier County Transportation Services Division
2885 South Horseshoe Drive
Naples, Florida 34104
Phone (239) 774-8192
E-mail: NortnFeder@colliergov.net
Project Description
Right-of-way acquisition and construction of a loop ramp in the southeast quadrant of the
Immokalee Road/Interstate 75 interchange (including new bridge structure over
Immokalee Road, parallel to the Interstate's mainline), reconstruction of the eastbound-
to-northbound on-ramp and realignment of the northbound off-ramp, including removal
of existing pavement for off-ramp. The estimated right-of-way and construction cost of
this project totals over $20.8 million. Federal earmarks obtained by FDOT for Interstate
75 improvements are programmed to fund approximately $2.5 million of this project's
cost and $7.5 million will be programmed with a combination of local (Collier County)
funds and private right-of-way contributions. The remaining $3.8 million cOilld be
funded with County and/or Transportation Regional Incentive Program (TRIP) funding or
be advanced through a State Infrastructure Bank loan. Collier County is requesting $7
million from the County Incentive Grant Program (CIGP) for construction costs
associated with this project. Collier County's CIGP request amounts to over 38% of the
non-Federal share of this project's cost.
Introduction
The Interstate 75/Immokalee Road interchange currently has a traditional urban diamond
configuration that operates poorly, particularly for eastbound to northbound movements.
Furthermore, the bridge structure on Interstate 75 over Immokalee Road cannot
accommodate Collier County's lmmokalee Road six-Ianing project that is currently
underway to the west of the interchange and the County's six-Ianing project that is
scheduled to begin this year from the interchange east to Collier Boulevard. Without
improvements to the Interstate 75 interchange itself, Immokalee Road will have to
maintain a four-lane bottleneck in order to accommodate turning movements.
The I-75/Immokalee Road (CR 846) Interchange Operational Analysis Report prepared
by the Florida Department of Transportation, District One in April 2005 analyzed the
interchange's operations with and without the proposed improvement in Years 2004,
2014 and 2024. Based on SYNCHRO analyses contained in this report, the two most
problematic movements will be eastbound left- and northbound left-turn movements.
Both movements are projected to be operating at LOS F with average delays of over 80
seconds. With the loop interchange concept, delays for the eastbound-left movement are
eliminated and the northbound left are reduced to approximately 54 seconds.
Furthermore, delays for westbound movements are almost eliminated.
1
Agenda Item No. 16B2
September 13. 2005
Page 5 of 13
This interchange project was added to the Collier Metropolitan Planning Organization's
2004/05-2008/09 Transportation Improvement Program (TIP) on April 8, 2005 and is
included in FY 2005/06 of the new 2005/06-2009/1 0 TIP that was adopted by the Collier
MPO on June 10, 2005 (FPN# 4189371). At the time that this project was added to the
TIP, its cost was estimated at $5 million, with $2.5 million (50%) expected to be
provided by FDOT with Federal earmarks and the remaining 50% coming from County
dollars and developer right-of-way contributions. The six-Ianing of Immokalee Road
under Interstate 75 has since been added to the project scope, resulting in an increased
cost.
It should be noted that Interstate 75 is on the State's Strategic Intermodal System (SIS)
and is a "first order" facility on the Bi-County Regional Transportation Network that was
adopted by the Collier and Lee County MPO Boards at a joint meeting held on October
22, 2004. Immokalee Road has also been designated a "second order" facility on the
Collier and Lee Bi-County Regional Transportation Network.
Project Proposal
The extent to which the project will encourage, enhance or create economic benefits.
Immokalee Road is the most direct route between the Bonita Springs-Naples Urbanized
Area and Immokalee, located in the State's Rural Area of Critical Economic Concern.
Immokalee Road is also an important commuter route between Immokalee, Orangetree
and the Golden Gate Estates areas of eastern Collier County and the employment centers
in Naples and coastal Collier County. Furthermore, the new Ave Maria University and
Town of Ave Maria Development of Regional Impact will generate much needed
employment and economic development in eastern Collier County to reduce trip lengths
for employment and services; however efficient access to Ave Maria from Interstate 75
will continue to be key to its future success as a regional activity center.
The likelihood that assistance would enable the project to proceed at an earlier date
than the project could otherwise proceed.
The proposed loop ramp has been incorporated into the site plan for a Super Target that
will be constructed in the southeast quadrant of the Immokalee Road/Interstate 75
interchange. Collier County is scheduled to begin a six-Ianing project on the adjacent
section of Immokalee Road between (but not including) the Interstate 75 interchange and
CR 9511Collier Boulevard in FY 2005/06. Obtaining CIGP funding for the Interstate
75/Immokalee Road interchange project will enable Collier County to leverage its dollars
with CIGP, Federal and private funding to allow FDOT to construct the project in FY
2005/06. Otherwise, it is likely that this interchange would have to wait until the
segment of Interstate 75 between Golden Gate Parkway and Bonita Beach Road is six-
laned in FY 2007/08.
It will be important for the interchange project to be constructed in conjunction with the
County's Immokalee Road six-Ianing project and the construction of the Super Target in
order to minimize delays/congestion experienced by motorists.
2
Agenda Item No. 1682
September 13, 2005
Page 6 of 13
The extent to which assistance would foster innovative public-private partnerships and
attract private debt or equity investment.
Under Collier County's concurrency management ordinance, Super Target would be able
to proceed forward with its 173,000 square foot retail center since six-Ianing projects are
programmed over the next two years on Immokalee Road within the established project
area. Even though these six-laning projects would offer the necessary capacity for Target
to proceed, long-term operational problems would persist at the Immokalee
Road/Interstate 75 interchange with its current configuration. Collier County staff has
been able to work with Target's representatives to reserve the needed four acres of land
to accommodate the preferred loop configuration identified in Alternative Four. The
estimated value of the 3.931 acre site (171,234 SIF) based on the current market rate of
20/sf would be approximately $3,424,687. Target has agreed to sell the parcel for the
amount of $845,000. Through this arrangement, Collier County's taxpayers have already
saved $2,579,687 on this interchange project.
The extent to which the project uses new technologies, including intelligent
transportation systems, which enhance the efficiency of the project.
Although the proposed loop ramp concept does not incorporate intelligent transportation
system (ITS) technologies, Collier County is requesting that developers in the Immokalee
Road corridor contribute funding for real-time traffic data collection hardware/software
to evaluate traffic flows throughout this corridor at all times of the day. The first of these
monitoring stations has recently been activated east of the Target site and is currently
collecting data. As part of the programmed Interstate 75 six-laning project between
Golden Gate Parkway and Bonita Beach Road, Collier MPO staff has requested that
FDOT evaluate the benefits of metering the northbound on-ramp at Immokalee Road to
control the queues entering the Interstate at this location.
The extent to which the project helps to maintain or protect the environment.
The Interstate 75!Immokalee Road interchange is located in a highly-developed area of
commercial and residential development. The new loop ramp will be constructed in
accordance with all local, state and regional permitting requirements.
Funding Request
Collier County requests $7 million through the County Incentive Grant Program (CIGP).
The following outlines how this CIGP funding request will be matched with County,
private, Federal, and other funding sources to fully fund its estimated right-of-way and
construction cost:
.
Other:
$2.5 million (FPN# 4189371 in Collier MPO TIP))
$4 million re-allocated from Immokalee Road six-Ianing project
programmed in FY 2005/06 of County's Capital Improvement
Program.
Additional $3.8 million (potential funding sources include County
funding, advancement through State Infrastructure Bank Loan, or
funding through Transportation Regional Incentive Program)
$3.5 million from developer right-of-way donations.
$ 7 million.
.
Federal:
County:
.
.
Private/Cty.:
CIGP:
.
3
Agenda Item No. 1682
September 13, 2005
Page 7 of 13
Florida Transportation Plan Consistency
The proposed project meets the goals of the Florida Transportation Plan by:
. Managing access on Florida's public roads to preserve capacity and enhance
safety and mobility;
. Increasing the efficiency of the transportation system using appropriate
technologies and other techniques;
. Establishing, constructing and managing Florida's Strategic Intermodal System;
. Reducing delay for people and goods movement through increased system
efficiency and multimodal capacity;
Appendices
A: Location Map
B: Collier-Lee Bi-County Regional Transportation Network Map (adopted 10/22/04)
C: I-75/Immokalee Road (CR 846) Interchange Operational Analysis Report
D: Collier MPO Long-Range Transportation Plan Consistency Letter
4
Agenda Item No. 1682
September 13, 2005
Page 8 of 13
STATE ROAD 82 PD&E STUDY
FY 2005/06 County Incentive Grant Program Request
Fact Sheet
Contact Information for Applicant
Norman Feder, AICP, Administrator
Collier County Transportation Services Division
2885 South Horseshoe Drive
Naples, Florida 34104
Phone (239) 774-8192
E-mail: NormFeder@colliergov.net
Project Description
Reimbursement for $1 million in Collier County funding that is being used to advance a
Project Development and Environment (PD&E) Study on State Road 82 between SR 29
and the Hendry County Line. The PD&E Study on this section of SR 82 corresponds to a
PD&E Study that is being conducted on SR 82 in Lee County being advanced with
funding from the Lee County Department of Transportation. Since SR 82 is on the State
Highway System, Collier County's funding request is 50% of the $1 million in local
funding that has been committed for the PD&E Study, for a total of $500,000.
Introduction
In December 2004, State Road 82 was added to the State's Emerging Strategic
Intermodal System network between State Road 29 near Immokalee and Interstate 75 in
Fort Myers. SR 82 directly connects Immokalee, in the State's Rural Area of Critical
Economic Concern, with the Cape Coral-Fort Myers Metropolitan Area. It also serves as
a primary route between Immokalee and Southwest Florida International Airport and
Florida Gulf Coast University.
State Road 82 has been designated as a "first order" facility in the Collier-Lee Bi-County
Regional Transportation Network that was adopted by the Collier and Lee County MPOs
at a joint meeting held on October 22, 2004. Furthermore, the subject PD&E Study is
currently regional Priority #7 (assuming removal of those regional projects currently
funded for implementation) on the "Joint Regional Priorities for Discretionary Statewide
Funding" that was updated by the Collier and Lee County MPOs in May 2005. The
Florida Department of Transportation is currently conducting a Florida Intrastate
Highways System (FIHS) feasibility study and a Corridor Access Management Plan
(CAMP) for this subject section of SR 82.
The four-laning of SR 82 between SR 29 and the Hendry County Line was identified as a
project "need" in the 2025 Long-Range Transportation Plan that was adopted by the
Collier MPO in 2001.
1
Agenda Item No. 1682
September 13, 2005
Page 9 of 13
Project Benefits
The extent to which the project will encourage, enhance or create economic benefits.
State Road 82 is a direct route between Interstate 75 and Immokalee Regional Airport,
which has the following designations:
. Foreign Trade Zone
. Enterprise Zone
. Hub Zone
. Empowerment Zone
. Foreign Entrepreneurial Investment Zone
. Port of Entry
Immokalee Regional Airport is focus of economic development activity in eastern Collier
County and is seen as a reliever to the crowded airports in Southeast Florida for cargo
operations. Improving SR 82 will enhance accessibility to surrounding markets in South
Florida and Interstate 75 for shipments being made to other parts of the country.
SR 82 will serve as an important route connecting Southwest Florida International
Airport, Florida Gulf Coast University, the new Ave Maria University near Immokalee,
the Immokalee Seminole Reservation and the Big Cypress Seminole Reservation in
southeastern Hendry County.
When combined with improvements to State Road 29 north of Alligator Alley and a
proposed bypass around the east side of Immokalee, a multi-Ianed SR 82 will offer a
viable alternate route to Interstate 75 through the congested Naples and Fort Myers Areas
for through traffic.
The likelihood that assistance would enable the project to proceed at an earlier date
than the project could othenvise proceed.
Advancing the PD&E Study for the section of SR 82 in Collier County will allow it to be
coordinated with a corresponding PD&E Study in Lee County. Combined, both projects
will identify the footprint and scope of needed improvements, thereby resulting in
information that can be used to coordinate right-of-way and design needs with adjacent
landowners and developers. Advancing the PD&E Study will also allow the design and
subsequent phases to move forward in earlier years than would otherwise be the case.
The extent to which assistance would foster innovative public-private partnerships and
attract private debt or equity investment.
Improvements to the SR 82 corridor will make the Immokalee area more attractive for
economic development and could result in the increased utilization of Immokalee
Regional Airport. The advancement of improvements to SR 82 will also allow for
coordination with adjacent developers/landowners on right-of-way, retention or other
such features that could result in a lower project cost.
The extent to which the project uses new technologies, including intelligent
transportation systems, which enhance the efficiency of the project.
An Intelligent Transportation System (ITS) project is currently being implemented on
Interstate 75 through Collier and Lee Counties. It is anticipated that the SR 82/29
2
Agenda Item No. 1682
September 13, 2005
Page 10 of 13
corridor can be identified as an alternate route for through-motorists by displaying such
information on motorist advisory signage or traditional signage at the SR 82 and SR 29
interchanges on Interstate 75.
The extent to which the project helps to maintain or protect the environment.
Any multi-Ianing improvements on SR 82 will meet or exceed local, State or regional
permitting requirements.
Florida Transportation Plan Consistency
The proposed project meets the goals of the Florida Transportation Plan by:
. Adequately maintaining all elements of the transportation system to protect the
public's investment for the future;
. Increasing the efficiency of the transportation system using appropriate
technologies and other techniques;
. Managing access on Florida's public roads to preserve capacity and enhance
safety and mobility;
. Establishing, constructing and managing Florida's Strategic Intermodal System;
. Providing for smooth and efficient transfers for both passengers and freight
between seaports, airports, railroads, highways and other elements of the Strategic
Intermodal System;
. Reducing delay for people and goods movement through increased system
efficiency and multimodal capacity;
. Designing the transportation system to support communities' visions, compatible
with corridors of regional and statewide significance;
. Designing the transportation system in a way that sustains human and natural
environments and conserves non-renewable resources;
. Ensuring that the transportation decision-making process is accessible and fair for
all communities and citizens of Florida;
. Achieving all of the objectives associated with the following goal, "Safe
transportation for residents, visitors and commerce."
Funding Request
Collier County requests $500,000 through the County Incentive Grant Program (CIGP) to
reimburse 50% of the local funding being used to advance the PD&E Study for SR 82
between SR 29 and the Hendry County Line.
Appendices
A: Location map
B: Map depicting Heartland Rural Area of Critical Economic Concern
C: "Joint Regional Priorities for Discretionary Statewide Funding", amended by the
Lee and Collier MPOs in May 2005
D: Long-Range Transportation Plan Consistency Letter
3
Agenda Item No. 1682
September 13, 2005
Page 11 of 13
SANTA BARBARA BOULEVARD Six-LANING PROJECT
(Golden Gate Parkway to Davis Boulevard)
FY 2005/06 County Incentive Grant Program Request
Fact Sheet
Contact Information for Applicant
Norman Feder, AICP, Administrator
Collier County Transportation Services Division
2885 South Horseshoe Drive
Naples, Florida 34104
Phone (239) 774-8192
E-mail: NonnFeder@colliergov.net
Project Description
Construction phase of a six-laning project on Santa Barbara Boulevard between Golden
Gate Parkway and Davis Boulevard in Collier County. Right-of-way and construction
costs total over $39 million. Collier County's CIGP request is $13.6 million, which is
approximately 35% of the construction and right-of-way phases currently programmed in
the County's Capital Improvement Program.
Introduction
Santa Barbara Boulevard, when combined with the planned extension of Logan
Boulevard in northern Collier County, creates a primary north-south corridor that links
Collier County to Lee County. The Collier-Lee County region's most significant
Strategic Intermodal System (SIS) facility is Interstate 75. The Florida Department of
Transportation has programmed the six-larring of Interstate 75 northward from the new
interchange at Golden Gate Parkway in Fiscal Year 2007/08. The programmed six-
laning of Santa Barbara Boulevard will provide additional lane capacity in the north-
south corridor served by Interstate 75 for traffic with an origin/destination along Davis
Boulevard. Attachment B explains how this six-laning project will benefit Interstate 75.
It should be noted that Collier Area Transit (CAT) operates regular fixed-route transit
service on Santa Barbara Boulevard north of Radio Road.
Project Benefits
The extent to which the project will encourage, enhance or create economic benefits.
The six-laning project on this segment of Santa Barbara Boulevard will relieve Interstate
75 and maintain/maximize mobility in this SIS corridor until capacity projects including
the six-laning of Interstate 75 and the reconstruction of the Interstate 75/SR 951/SR 84
interchange are implemented.
The likelihood that assistance would enable the project to proceed at an earlier date
than the project could otherwise proceed.
At this point, the six-laning of Santa Barbara Boulevard is programmed in FY 2005/06 of
Collier County's Capital Improvement Program. Collier County has seen significant
increases in right-of-way, construction materials and construction labor costs. As these
1
Agenda Item No. 1682
September 13, 2005
Page 12of13
costs increase, it becomes more and more difficult to stabilize projects timelines in capital
improvement programs. Obtaining County Incentive Grant Program (CIGP) funding for
Santa Barbara Boulevard will stabilize its construction in FY 2005/06 of the County's
CIP.
The extent to which assistance would foster innovative public-private partnerships and
attract private debt or equity investment.
At this time, there aren't any opportunities for public-private partnerships directly
associated with this six-Ianing project. This project does, however, help improve
accessibility to the Golden Gate City, which is the target of redevelopment efforts.
The extent to which the project uses new technologies, including intelligent
transportation systems, which enhance the efficiency of the project.
In the event of traffic congestion or an incident on Interstate 75 between Golden Gate
Parkway and the SR 9511SR 84 interchange, programmed Intelligent Transportation
System (ITS) improvements along Interstate 75 through Collier and Lee Counties could
be used to direct motorists to parallel facilities such as Santa Barbara Boulevard.
Additional capacity on Santa Barbara will help accommodate any additional traffic that
would have to use it when a detour is required.
The extent to which the project helps to maintain or protect the environment.
This project is located in a highly urbanized area of Collier County. This project will
meet or exceed all State, regional and local permitting requirements.
Funding Request
Programmed Amount by Collier County:
Construction: $29,000,000
Right-of-way: $10,059,695
CST/ROW: $39,059,695
Amount Expended to Date: $10,059,695
TRIP Request: $13,600,000 (Approx 35%)
Florida Transportation Plan Consistency
The proposed project meets the goals of the Florida Transportation Plan by:
. Adequately maintaining all elements of the transportation system to protect the
public's investment for the future;
. Increasing the efficiency of the transportation system using appropriate
technologies and other techniques;
. Managing access on Florida's public roads to preserve capacity and enhance
safety and mobility;
. Improving incident management to minimize the impact on traffic flow;
2
Agenda Item No. 1682
September 13, 2005
Page 13 of 13
. Reducing delay for people and goods movement through increased system
efficiency and multimodal capacity;
. Designing the transportation system to support communities' visions, compatible
with corridors of regional and statewide significance;
. Designing the transportation system to accommodate human scale, pedestrian,
bicycle, transit-oriented and other community-enhancing features where
appropriate;
. Designing the transportation system in a way that sustains human and natural
environments and conserves non-renewable resources;
. Increase access to and use of alternatives to the single-occupant vehicle;
. Ensuring that the transportation decision-making process is accessible and fair for
all communities and citizens of Florida;
. Achieving all of the objectives associated with the following goal, "Safe
transportation for residents, visitors and commerce."
Appendices
A: Location map.
B: Project analysis demonstrating how project will relieve traffic on Interstate 75.
C: Long-Range Transportation Plan Consistency Letter
3
Agenda Item No. 1683
September 13, 2005
Page 1 of 10
-
EXECUTIVE SUMMARY
Recommendation to award Bid #05-3796, "Traffic Sign Materials and Related Items" to
multiple vendors on a category basis.
OBJECTIVE: To supply the necessary signs and sign components in order to properly maintain
and repair roadway signage in Collier County.
CONSIDERATIONS: The Collier County Purchasing Department posted Bid #05-3796,
"Traffic Sign Materials and Related Items," on July 12,2005. Invitations to bid were solicited
from 60 vendors, and six responses were received by the bid opening date of July 29,2005. The
vendors who responded were: Municipal Supply & Sign Company; Allied Tube & Conduit
Corporation; Rocal, Inc.; Safety Products, Inc.; Universal Signs & Accessories; and 3M
Corporation.
Staff recommends awarding this bid based on each bidder's pricing in Categories I through V in
the bid on a primary/secondary basis, and on a low-bid, line-item basis for commodities in the
"Related Items" category, as shown in the recommended bid award matrix, which is attached to
this Executive Summary. Allied Tube & Conduit Corporation and 3M Corporation were not
given consideration for award in their respective categories due to non-responsiveness and bids
- in excess of budget.
FISCAL IMPACT: Funds for annual sign fabrication, maintenance and repair in the amount of
$150,000 have been budgeted in the Traffic Operations Operating Fund (101) for Fiscal Year
2005/2006.
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated
with this Executive Summary.
RECOMMENDA TION: That the Board of County Commissioners award Bid #05-3796,
"Traffic Sign Materials and Related Items" to Rocal, Inc.; Universal Signs; Municipal Supply &
Sign Company; and Safety Products, Inc.
PREPARED BY:
Sheila A. Convery, Senior Administrative Assistant
08/12/2005
Attachments:
Bid Tabulation, Bid #05-3796
Recommended Bid Award Matrix
-
Agenda Item No. 1683
Seplember 13, 200.5
Page 2 of 10
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
1683
Mooting Date:
Recommendatioll to aWArd Bid #05-3796, Traffic Sign Materials and Related Items to
multiple ....endors on ll. category b8Si$. ($150,OOO)
9/13/20059:00:00 AM
Prepared By
Sheila Convery Traffic. Signal Technic:ian Date
Transportation Services Traffic Operations 8116/20059:10:51 AM
A))prond By
Brenrn. Brllhart Purchasing Agent Dote
Admlnistutlve- Se-rlllce& Purchasing 8/16120052:19 PM
Approved By
MIke Hauer Acquisition M.nagltlr Date
Adminlstrilttve Services Purchasing 811112005 9:33 AM
Approved By
Norm E, Feder, AICP Transpurtat!on Division Adminl$1rator Date
Transportation Services Transport<<t.lon S&rVlce$ Admin. 6/17/ZOO510:51 AM
Approved By
Robert W. Tipton, P.E. TrRffic Ope-rations Director Date
Trlmsportatlon Services Traffic Qpenrtion:tl OJ18!2006 4:39 PM
Approved By
Sttt'Jl~ Carnell Purchllsing/Generlll S....cs Director D...
Admlnislntive ServiC(!ls Purchuing 8/22120051:56 PM
Approved By
Sharon Newmnn Accounting Supervisor D...
Transportation Services. Tran'Sportafion Administration af2.21'2005 3:25 PM
A pproved By
Pat Lehnhard Executive- Secretary Dote
Transportation Servic~ Transportation Services Admin 6/2212006 3:30 PM
Apl)roved By
OMS Coordinator Administrative Anlsiant D...
County Manage-r's Office Office of Management & Budget 8/23120056:15 AM
Approved By
Mark Isackson Budget Analyst Dllte
County Manager's Office Office of Management & Budget 8f23/200511:42 AM
Approved By
Michael Smykowskl Management & Budget Director Da"
County Manager', Office Office of Man8gelTlf:\'nt & Budg~ 6/23/20051:11 PM
AI}proved B}'
James. V. Mudd County Manager D."
Board MCounty County Mllnag<t'r's Office 8/30:2005 11 ;47 AM
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Agenda Item No. 1684
September 13, 2005
Page 1 of 20
EXECUTIVE SUMMARY
Recommendation to award Bid #05-3860, "Installation and Maintenance of Roadway
Lighting, Fixed Term Contract," to Kent Technologies, Inc.
OBJECTIVE: To provide the services and materials necessary to properly repair, maintain and
install roadway lighting facilities in Collier County.
CONSIDERA TIONS: The Collier County Purchasing Department posted Bid #05-3860,
"Installation and Maintenance of Roadway Lighting, Fixed Term Contract," on July 1,2005.
Invitations to bid were solicited from 45 vendors, and three responses were received by the bid
opening date of July 25, 2005. The vendors who responded to this bid were: Kent Technologies,
Inc.; E.B. Simmonds Electrical, Inc.; and Horsepower Electric, Inc.
Staff reviewed the bids submitted and found that Kent Technologies, Inc. was the low bidder on
Cost Estimate Sheets A and C, as well as the lowest bidder on material mark-up and the lowest
overall bidder. Staff recommends awarding this bid to Kent Technologies, Inc. based on the
Method of Award outlined in the Bid.
FISCAL IMP ACT: Funds for annual roadway lighting repair, maintenance and installation in
the amount of$191,200 have been budgeted in the Traffic Operations Operating Fund (101) for
Fiscal Year 2005/2006.
GROWTH MANAGEMENT IMP ACT: There is no Growth Management impact associated
with this Executive Summary.
RECOMMENDA TION: That the Board of County Commissioners award Bid #05-3860,
"Installation and Maintenance of Roadway Lighting, Fixed Term Contract," to Kent
Technologies, Inc. as referenced herein.
PREPARED BY:
John W. Miller, Field Supervisor
Date: August 16, 2005
Attachments:
Bid Tabulation, Bid #05-3860 (Corrected)
Bid Tabulation, Bid #05-3860 (Original- contains math error)
Item Number:
Item Summary:
Meeting 0*:
Ageneja Item No 1684
September 13, 2005
Page 2 of 20
COLLIER COUNTY
BOARO OF COUNTY COMMISSIONERS
1684
Recommendation to award Bid #05-3860. Installation and Maintenance of Roadway Lighting,
Fixed Term Conlrac1, 10 Kent Technologies.. Inc. ($191.200)
9f13!2005 9:00:00 AM
Date
Prepared OJ
Sheila Convery
Tl'3nsportation Services
Trnffic Signal Technician
Traffic O~rations
8/16/20053:19:21 PM
Norm E. Feder, AICP
Dote
Approved By
Transportahon Services
Transportation Division Admmistrator
Transportation Services Admin,
8!17f200510:52 AM
Approved By
Brenda Brllhart
Administrative Service.
Date
~urchasing Agent
Purchasing
8/18120053:52 PM
Mike Hauer
Date
Approved B)'
Administrative Services
Acquisition Manager
Purchasing
8/19120053:03 PM
Approved By
Ste'le C<1rnell
Administrative SerVices
Purchnslng!Generllt S."cs Director
Date
Purchasing
8f2212005 11 :05 AM
Dote
Approved By
Robert W, Tipton, P.E.
lransportatlon Services
TraffIC Operations Director
Traffic Oper.a1ions
6/22/20052:04 PM
Dote
Appro\'ed BJ
Sharon Newman
lnlnsportation Services
Accounting Supt'rviaor
Transporta1ion Admlnif>tration
6/2212005 3:26 PM
Pm Lahnhard
Oate
Appro\'ed B}'
T rlfnsportation Servicea
Exccutivt' Secretary
Transportation Services Admin
6f22/2005 3:32 PM
Approved B}'
OMB Coordinator
County Manager's Office
Administrathle Anlstant
Oate
Office 01 Management & Budget
6/23f2005 6:19 AM
Mark Isackson
Date
Appruved B}'
County Manager's Office
Budget Analyst
Office or Management & Budget
8123120054:13 PM
Appro\'ed By
Michael Smykowskl
County Manager's Office
Management & Budget Director
Date
Office of Monagement & Budget
812Sf2005 10:416 AM
Cmmty Manager
O..te
Approved By
James V. Mudd
Board of County
Commissioners
County Manager's Office
8f31f2005 2:26 PM
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Agenda Item No. 16B5
September 13, 2005
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation to award Bid #05-3858 "Installation and Maintenance of Traffic
Signals," to Kent Technologies, Inc. and Mid-Continent Electric, Inc.
OBJECTIVE: To provide the services and materials necessary to properly repair, maintain and
install traffic signals in Collier County.
CONSIDERATIONS: The Collier County Purchasing Department posted Bid #05-3858,
"Installation and Maintenance of Traffic Signals," on July 6, 2005. Invitations to bid were
solicited from 45 vendors, and three responses were received by the bid opening date of July 27,
2005. The vendors who responded to this bid were: Kent Technologies, inc., E.B. Simmonds
Electrical, Inc., and Mid-Continent Electric, Inc.
Staff reviewed the bids submitted and recommends awarding this Bid to Kent Technologies, Inc.
and Mid-Continent Electric, Inc., as their bids are within 0.3% of each other. Historically, the
work awarded under this contract has exceeded the capacity for work of anyone firm, and the
Traffic Operations Department has had recent success in awarding similar bids to multiple
contractors to accomplish routine and emergency tasks.
FISCAL IMPACT: Funds for annual traffic signal repair, maintenance and installation in the
amount of $162,800 have been budgeted in the Traffic Operations Operating Fund (101) for
Fiscal Year 2005/2006. In addition, the Traffic Operations Department budgets $750,000
annually for traffic signal construction in its Traffic Signals Fund 313 (Surplus Gas Taxes)
Project 60172.
GROWTH MANAGEMENT IMP ACT: There is no Growth Management impact associated
with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners award Bid #05-3858,
"Installation and Maintenance of Traffic Signals," to Kent Technologies, Inc. and Mid-Continent
Electric, Inc.
Prepared By: Sheila Convery
Attachments: Bid Tabulation, Bid #05-3858
Item Number:
Item Summary:
Meeting O.te:
Agenda Item No. 1685
September 13, 2005
PElge 2 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
1685
RecommendatIon to award Bid #05.3858 InstaUalion And Mainten.!\nce of Traffic Signals, 10
Kent Technologies, Inc. and Mid..Continent Electric. Inc. (S162.800)
9{1312005 9:00:00 AM
Traffic OperatJons Director
Dote
PrelUlred By
Robert W. Tipton, P,E
Tram.portahon Serl/ices
Traffic Operations
8/16f2oo5 4:28:54 PM
Jack P. Curran
Purchasing Agent
Dote
Apllrovcd B)'
Admimstrative Services
Purchasing
6/19/20057:31 AM
Approved By
Transportation DIVIsion Adtninistrator
Dote
Norm E. Feder. AICP
"Transportation Services
Transportation Services Admin.
6/191200511:12 AM
Mike Hauer
Acquisition Managor
Date
Appro\'cd B)'
Administrative Services
Purchasing
6119/20053:08 PM
Approved By
Steve Carnell
Adminis1rativlJ" SerVlce5
PurchasinglGenerlll S....cs Director
Date
Purchasing
0122/2005 1 :58 PM
Robert W. Tipton, P.E
TraHlc uperations Director
Date
Approved By
Transportation Services
Traffic Operations
8/22120052:04 PM
Approved B~!
Sharon Newman
Transportation Services
Accounting Supervisor
Dote
Transportation Admini5tration
B122f2005 3'.32 PM
Pat lahnhard
E.Ilecutivc Secretary
Date
Apprllved By
"Transportation Services
Transportation Services Admin
0/22120053:36 PM
OMS Coordinator
Administrative Assistant
Date
Appro'Vcd By
County Manager's Ol1ice
Office of Mnnagement & BUdget
8(23/2005 8:20 AM
Milrll. Isackson
Budget Analyst
Date
Approved B)'
County Manag~r's Office
Ofhcc of MlInagement & Budget
fl12J12005 4:24 PM
Apprnnd By
Susan Usher
County Manager':,; Office
Senior MilnDgemenUBudget Ani'\lyst
Date
Office of Management & Budget
8/24f200511:15 PM
Michael SmykDwslli
Management & Budget Director
nate
Appro'Vcd By
County Manager's OffIce
Office of ManagolTll.'lnt & Budget
B/2S/l00S 10:22 AM
Appro,,'ed B~'
Jall'lCs V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager'1i Office
8/30/200512:14 PM
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Agenda Item No. 1666
September 13, 2005
Page 1 of 6
,,,,---.
EXECUTIVE SUMMARY
Recommendation to award Bid #05-3844, "US 41 North Roadway Lighting from Pine
Ridge Road to Myrtle Road," to Kent Technologies, Inc. Project 60007 ($462,131.79)
OBJECTIVE: To provide roadway lighting on US 41 North between Pine Ridge Road and
Myrtle Road.
CONSIDERA TIONS: The Collier County Purchasing Department posted Bid #05-3844, "US
41 North Roadway Lighting from Pine Ridge Road to Myrtle Road," on June 17, 2005.
Invitations to bid were solicited from 78 vendors, and two responses were received by the bid
opening date of July 19,2005. The vendors who responded to this bid were: Kent Technologies,
Inc., and Horsepower Electric, Inc.
Staff reviewed the bids submitted and found that Kent Technologies, Inc. was the overall low
bidder on the cumulative total of all bid items. Staff recommends awarding this Bid to Kent
Technologies, Inc. in accordance with the method of award outlined in the Bid documents.
FISCAL IMPACT: Funds for the construction of roadway lighting on US 41 North in the
amount of $607,770 are available in the Traffic Operations Street Lighting Fund 313 (Surplus
Gas Tax), Project #60007. Up to $200,020 will be reimbursed to Collier County upon
,_ completion of construction by the Florida Department of Transportation in accordance with
Local Agency Program Agreement #412646-1, which was approved by the Board of County
Commissioners on February 10,2004 (Item l6-B-7).
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated
with this Executive Summary. .
RECOMMENDATION: That the Board of County Commissioners award Bid #05-3844, "US
41 North Roadway Lighting from Pine Ridge Road to Myrtle Road," to Kent Technologies, Inc.
as referenced herein.
Prepared By: John W. Miller, Field Supervisor, Traffic Operations
Attachments: Bid Tabulation, Bid #05-3844
.-...
Item Number.
Item Summary:
Meeting Date:
Agellda hem No. 16B6
September 13,2005
Pape 2 of 6
COLLIER COlINTY
BOARD OF COUNTY COMMISSIONERS
1686
ReGommendation to aWArd Bid #05.3844, US 41 North RO!ldway Lighting (Jam Pine Ridge
Road to Myrlht Road, to Kent Technologies, Inc projecl 60007 ($462.131.79)
9/13.'20059:00:00 AM
Tlnffic Sigr).11 Technician
Date
Prepared By
Sheila Convery
Tr.msportalion Services
Traffic Orer,1tions
8/18/20054:10:44 PM
Robe>rtW.Tipton, P.E
Tr<1ffic Operations Director
note
A pproved B)'
Transportation Services
Traffic Operations
8!18f2005 5: 15 PM
Apprtlved By
Jack P. Curran
Admimstrative Services
Purchasing Agent
Date-
Purchasing
8119/20057:29 AM
Norm E. Feder. AICP
Transportation DIvision Administrator
Dote
Approved By
lrl.lnsporllrtJon Services
Transportation Servl<:es Admin
8/19/200511: 11 AM
Mike Hauer
Acquisition Manager
nate
Approved B)'
Administrative ServIce'
Purchasing
8/19120053:07 PM
Apl)rOved By
Sharon Newrm,"
T ritnsportation Services
Accountmg Supervisor
Dnte
Transportation Administration
8/22/2005 3:56 PM
Purcl1asing/General SVC$ Director
note
AI)proved 8y
Steve Carooll
Admini1ltrative SNVlCOS
Purchasing
8123/20058:05 AM
Pat lchnhard
Executive Secretary
note
Approved 8y
Transportmion Services
Transportation Services Admm
13/23/200510:13 AM
A PIJrovcd By
OMS Coordinator
County Manllger's Office
Administrative Assistant
Date
Office of Management 8. Budget
13/231200510::\4 AM
Senior M"nngementlBudget An<'llyst
Date
Approved By
Susan Usher
County Manager's Office
Office of Management & Budget
8/26/200510:17 AM
Date
Approved B~"
Michael Smykowskf
County Manager'5 OffIce
Management & Budget Director
Office of Management & Budget .
8!2Q/2005 4:42 PM
County M..nager
Date
Approved B~
James V. Mudd
Board of County
CommiS61onNS
County Manager's Offu::c
81:11120053:48 PM
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Agenda Item No. 1687
September 13, 2005
Page 1 of 32
EXECUTIVE SUMMARY
Recommendation to approve the purchase of Parcel Nos. 131, 531, 731, 931, 132, 732, 133A,
133B and 733 required for the construction of the six-Ianing of Collier Boulevard (CR 951)
from Golden Gate Boulevard to Immokalee Road. (Project No. 65061, Capital Improvement
Element No. 37). Fiscal Impact: $975,916.59
OBJECTIVE: To approve two Purchase and Easement Agreements for the acquisition of right-of-
way and temporary construction easements required for the construction of the six-laning
improvements to Collier Boulevard.
CONSIDERATIONS: 'The subject properties are located on the west side of Collier Boulevard,
north of Vanderbilt Beach Road, situated between the Mission Hills PUD and Wolfe Road.
Portions of the property, Parcel 131 , Parcel 132, Parcel 133A, Parcel 133B, Parcel 931 (road right-
of-way, fee simple), Parcel 531 (temporary access easement), Parcel 731, Parcel 732 and Parcel 733
(temporary construction easements) are necessary to construct the roadway, drainage and utility
facilities for the six-lane improvements to Collier Boulevard scheduled to commence in the fall of
2005 (see Exhibit "A" attached hereto).
(..-...
Included in the six-lane improvements to Collier Boulevard is the construction of Wolfe Road,
along the northern property line of the subject property, and the intersection improvements at
Collier Boulevard and Wolfe Road.
CDN Properties, L.L.C. is the owner of parcels 132, 732, 133A, 133B and 733. They have
cooperated fully with County staff, and incorporated within their Sonoma Oaks PUD master plan a
connector road from Wolfe Road through the Sonoma Oaks PUD to Mission Hills, which will
improve traffic flow in the surrounding neighborhood and reduce the number of local trips on
Collier Boulevard. In order to provide access to that connector road from Wolfe Road, the CDN
Properties L.L.C have donated a 6,000 sq. ft. southern portion ofParcel133B for the construction of
left and right turn lanes into and out of their development. The final settlement amount was reduced
by $25,000.00 to pay for construction of those improvements. This arrangement limits the
disruption to the traffic flow and the neighborhood by constructing the access improvements
simultaneously with the widening of Wolfe Road instead of at a later date. It also provides a
significant savings to CDN Properties L.L.C. whereby they can construct the improvements within
the scope of the road project rather than after the roadway is completed. If the Sonoma Oaks PUD
is not approved, the County will return to the owner both the 6,000 sq. ft. of land and the
$25,000.00 paid to construct the access lanes. If the 6,000 sq. ft. of land and the $25,000.00 are
returned to the owner, the Collier Boulevard project will proceed as designed but without the
construction of the left and right turn lanes into and out of their development.
Richard and Frances Craig are the owners of the Parcels known as 131, 531, 731 and 931. AT&T
has (fiber-optic) easements on the southern portion of the subject property that contain a lightguide
regenerator telecommunications equipment building, and a fenced parking area attached to the east
side of the building, which is located in part within the proposed right-of-way. The cost to relocate
,__ this building was estimated by the AT&T representatives to be 1.5 million dollars; therefore, it was
in the County's best interest to negotiate a settlement that included keeping the building in its
Agenda Item No. 16B7
September 13, 2005
Page 2 of 32
present location. In order to avoid relocating the building, a new parking area (Parcel 931) was
created for AT&T on the west side of the building. The Craigs have agreed to grant a temporary
access easement (Parcel 531) to AT&T's new parking area {Parcel 931) area now, and in the future
to grant a perpetual, non-exclusive access easement to AT&T's new parking (Parcel 93 I) once they
have constructed permanent access to AT&T's new parking area (Parcel 93 I) through their
proposed development. The agreement that contains the specifics of this understanding between the
County, AT&T and the property owners is being submitted for Board approval under a separate
executive summary. Staff is currently waiting for AT&T to execute and return the document for
Board approval.
The County's real estate appraiser estimated the value of the land, improvements contained on
Parcels 132, 732, 133A, 133B and 733 and cost-to-cure severance damages to the remaining real
estate at $656,380.00 as of April 2005. The County's offer to purchase the subject property was
$709,480.00. (The offer amount included an additional 2% per month from April 2005 to the
projected acquisition date of September 1, 2005 due to the fact that various real estate appraisals
obtained for right-of-way acquisition project throughout the Urban Area of Collier County have
indicated that properties have been increasing about 2.0% per month). Staff has negotiated a
settlement with the property owners for the purchase of the subject property in the amount of
$756,066.52, plus payment for statutorily-mandated attorney's fees of$15,373.55 and appraisal fees
and costs of $1,600.00. Considering the complex issues involved in this transaction, and the
exposure to additional costs and fees in the event condemnation is necessary, this is a fair and
mutually beneficial settlement agreement.
.-. The County's real estate appraiser estimated the value of the land and improvements contained on
Parcels 131, 731 and 931 (including cost-to-cure severance damages to the remaining real estate) at
$148,600.00 as of April 2005. Parcel 531 was not appraised, because it was created after the
appraisal was prepared, in order to provide temporary access to revised Parcel 931 (which was
reduced in size, leaving a gap between the public right-of-way and the AT&T's parking area), until
such point in time that permanent access could be provided to Parcel 931. Due to the brief period of
time that Parcel 531 is expected to exist (before being replaced by the permanent access) it is being
conveyed at no charge. The County's offer to purchase the subject property was $161,500.00: (The
offer amount included an additional 2% per month from April 2005 to the projected acquisition date
of September 1, 2005 due to the fact that various real estate appraisals obtained for right-of-way
acquisition project throughout the Urban Area of Collier County have indicated that properties have
been increasing about 2.0% per month). Staff has negotiated a settlement with the Craig's in the
amount of $168,794.90, plus payment for statutory attorney's fees and costs of $2,407.32 and
payment of appraisal fees and costs of $1,600.00. Again, considering the complex issues involved
in this transaction and the cost of proceeding through condemnation, this is a fair and mutually
beneficial settlement agreement.
FISCAL IMPACT: Total expenses will not exceed $975,916.59 for all parcels, both permanent
and temporary; and includes total payments to all property owners under the terms of both of the
attached Purchase and Easement Agreements, all attorney and expert fees and costs as stipulated in
both agreements, title insurance costs of $4,774.30, recording fees of $300.00 and $25,000.00 that
may be returned to the owner if their PUD is not approved. Source of funds are impact fees and
gasoline taxes.
.-
,-
Agenda Item No. 1687
September 13, 2005
Page 3 of 32
GROWTH MANAGEMENT IMPACT: As the Collier Boulevard six-Ianing project is a part of
the Transportation Element of the County's Comprehensive Plan, this recommendation is consistent
with the County's Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida:
1. Approve the attached Purchase and Easement Agreement from Richard and Frances
Craig for Collier Boulevard Project Parcel Nos. 131, 531, 731, 931, totaling $172,802.22
and authorize its Chairman to execute on behalf of the Board said Purchase and
Easement Agreement in substantially the same form, under the same terms and
conditions relative to the purchase price and the obligations of the parties thereto, and
after the approval by the County Attorney;
2. Approve the Purchase and Easement Agreement from CDN Properties L.L.C. for Collier
Boulevard Project 132, 732, 133A, 133B and 733, totaling $773.040.07 and authorize its
Chairman to execute on behalf of the Board said Purchase and Easement Agreement in
substantially the same form, under the same terms and conditions relative to the
purchase price and the obligations of the parties thereto, and after the approval by the
County Attorney;
3. Authorize separate payments to the Owners in those amount as shall be specified on the
respective Closing Statements;
4. Accept delivery of Warranty Deeds, Easements and Temporary Construction Easements
for the property as provided under the Purchase and Easement Agreements;
5. Authorize staff to close the real estate transaction, and to record said conveyance
documents in the public records of Collier County, Florida; and
6. Authorize any and all budget amendments, which may be required to carry out the
collective will of the Board.
Prepared by: Debbie Armstrong, TECM - Right-of- W ay
Attachments: (1) Exhibit A, Legal Descriptions; (2) Purchase & Easement Agreement, CDN
Properties, LLC; (3) Purchase & Easement Agreement, Richard & Frances Craig .
Item Number:
Item SumnNIry:
Meeting Dlrte:
Agenda item No 1687
September 13, 2005
Page 4 01 32
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
1687
Recomme-ndation 10 approve thE: purchase of Parcel Nos t 31, 531, 731, 931, 132, 732,
, 33A, 1338 and 733 required for the com.1ruction of the six-Ianing of Collier Boulevard (CR
951) from Golden Gate Boulevard 10 Immokalee Road. (Project No. 65061 CapItal
lmprollcment Element No 37) Fiscallmpllct: $975,916.59
9113/20059:00:00 AM
Dote
Approved By
Kevin Hendricks
Transportation Services
Right OfWalj AcquIsition Manager
Tral'1$portation Enginl!enng and
Construction
8/23/200512:26 PM
Norm E. Feder, A1CP
TransportatIon DIvision Administrator
Dote
ApprD'~led By
Transportation Services
Transportation Services Admm
812312005 1: 16 PM
Gary Putaansuu
Sonior proJl!lct Manngllr
Dote
Approved By
Transportation Services
Transportation Engineering and
ConstructlOO
6/23/2005 1: 31 PM
Approved B~'
Jay Ahmad
Transportation Services
Director
Date
Transportation Engint"Cting &
Construction Management
fl/231200!i 1:40 PM
Apllroved By
Man"yemcntlBudget Analyst
Date
Lisa Tayler
Tralll.portation SerVIce.
TransportatIon AdmiMlstration
8i2312005 2:49 PM
Sharon Newman
Accounting Supervisor
D,,!.t'
AI)I)rOved B~'
Trnl1sporfntion Services
Transportation Administration
8/24/20059:10 AM
Pirl Lchnhllrd
Execlltivl:J Secretary
Date
Appro\'ed By
Transportation SerVlCfJ6
Trarlllportation Services Admin
8/24,'2005 Q:48 AM
Approved B)'
OMS Coordinator
County ManagN's Office
Admirustrative Assistant
Date
Office of M:lIlagem~nt & Budget
8/24/200511 :04 AM
SUS01n Usher
Senior Managel'oentfBudget Analyst
Date
Apl)roved By
County Manager's Offi.;e
Office of Management & Budget
812612005 10:21 AM
Michael Smykowski
Managel1)('Jnt & Budget Director
D:lIle
AI)proved By
County Manager's Office
Office of Manl)gemen~ & BUdgct
8/2912005 4:36 PM
Apl)rIlved B)'
J:lmos V, Mudd
Board of County
Comllliasioners
County Manager
Date
County Manager's Office
6/31/20054:14 PM
..; A enda Item No, 16B7
~ ~~~~.1~~3~_ ptember 13, 2~05
o Ln l 100.09' Page 5 01\32
~ :;: ~~"i'" P,Q,C.
:- 0 _\ I
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L169
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RICHARD 0, AND FRANCIS A. CRAIG
O,R, BOOK 2107, PAGE 1174
L174
L 173
L172
---------------------------------------------
L171
LEGAL DESCRIPTION
A portion of the South 1/2 of the South 1/2 of the
Northeast 1/4 of the Southeast 1/4 of Section 34,
Township 4e South, Range 26 East, ond being a
partian of those lands described in O.R, Book 2107,
Page 1174, of the Official Records of Collier County,
Florida, being mare particularly described as fallows:
Commencing at the East 1/4 corner of Section 34,
Township 46 South, Range 26 East; thence
N.69'51'33"W, along the North line of the Southeast
1/4 of said Section 34. 0 distance of 100.09 feet to
its intersection with the Westerly right-of-way line of
County Rood 951 (Collier Boulevard): thence
S.02'1 6'01" E. along said right-of-way line, 0 distance
of 1,004.15 feet to the POINT OF BEGINNING; thence
continue S.02' 16'01" E. along soid line, a distance of
334.72 feet to its intersection with the South line of
the South 1/2 of the South 1/2 of the Northeast 1/4
of the Southeast 1/4 of said Section 34; thence
N.69'49'11"W. along said South line, 0 distance of
64.06 feet; thence N.OZ'16'01"W.. 0 distance of 26.04
feet; thence N.6T43'S9" E., 0 distance of 15.31 feet;
thence N.02'16'01"W., a distance of 17.32 feet; thence
S.8T43'59"W., 0 distance of 15.31 feet; thence
N.02'16'01"W.. a distance of 291.35 feet to its
intersection with the North line of the South 1/2 of
the South 1 /2 of the Northeast 1 / 4 of the Southeast
1/4 of said Section 34; thence S.89'49'41'E. along
said North line, a distance of 64.06 feet to the POINT
OF BEGINNING.
Containing 21,156.48 square feet or 0.4857 acres,
more or less.
OAVI[/-' J(..'r\'j: ,,'i?:.:. '(FOR THE FIRM)
FLORIDA' uQ;. 'ND, ~l>Yf
1" :1. "1 f.JA - ~
7 -.', F-;; ~2' i;' -'--,(DATE SIGNED)
{~, t... \-.. ',,~
NOT VAL(Q ,wmfoUl\'1HE SIGNATURE AND THE
ORGINAL'R4:ISf':O', SEAL OF A FLORIDA L1CENSEO
SURVEYOR AND MAPPER.
CERTIFICATE OF AUTHORIZATION LB #43
1. REVISED PER COUNTY COMMENT 7-01-05
PROJECT NO.: 65061 PN!l:El. NO. ; 1 J 1
WilsfJn"'illel-'~--~
..
--~-,,.,,.,,,.,,.--~
WlI5onMIIltr, Inc.
,... FaUI,... _._ r.,.
.llIIIMy......Ilaolll> __11_'__ "'DNIUlII --,-
I.!o. 24. 2004 - 13:06:44 MLAMUREIX:\SUR\N6015\951 sdl OO.Owg
LINE
L169
L170
L 171
L172
L173
1174
NOTES:
"'":'
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fTl':';'
;;Ii
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VI
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L170
LINE TABLE
LENGTH
64.06
64.06
26.04
15.31
17.32
15.31
\-;
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BEARING
S89'49'47'E
8 '49'1 1"W
N02'1 G'01"W
N87"43'59"E
N02'16'01"W
S87"43'59"""
1. This is not 0 survey.
2. Basis of beoring is the West line of County
Rood 951 (C.R. 951) being S 02'16'01. E, Florido
State Plane Coordinates NAD 83/90. East Zone.
3. Subject to easements, reservations and
restrictions or record.
4, Easements shown hereon are per pial, unless
otherwise noted.
5. ROW represents Right-of-Woy.
6. P.O.B. represents Point of Beginning.
7. P.O.C. represents Point of Commencement.
e, O.R. represents Official Records,
9. L.B.E. represents Landscape Buffer Easement.
10. U.E. represents Utility Easement.
EXtIBIT .A.
PIII'...L- of..L
N
I
50 100..-
GRAPHIC SCALE
'.-
o 2'
I
11)0
COWER COUNTY DEPARTMENT
OF TRANSPORTAnON
SKD"CH & DESCRIPTION
09/200J
I PROJECT f'fO.:
N6015-005-000
FILE NO.:
2L-812
I
I
I
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Ii
RICHARD D. AND tRANCIS A. CRAIG
O.R. BOOK 2107. PAGE 1174
\
Sep\ember 13, 200~
Page 6 of 3 \
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LEGAL DESCRIPTION
A portion of the South 1/2 of the South 1/2 of
the Northeast 1/4 of the Southeast 1/4 of Section
34. Township 48 South. Range 26 East, and being 0
portion of those londs described in O.R. Book 2107.
Page 1174. of the Official Records of Collier County,
Florida. being more particularly described os follows:
Commencing the Southeast corner of the Northeast
quo rter of the Southeast Quarter of said Section 34;
Thence North 89'49' 11" West along south line of the
northeast quarter of the southeast quarter of said
Section 34 0 distance of 100.09 f.et to its
intersection with the Westerly right-of-way line of
County Rood 951 (Collier Boulevard) thence continue
along aoid south line North 89'49'11" West 135.13
feet to the POINT OF BEGINNING: thence North
89'49'11" West.' 0 distance of 16.00 feet; thence
North 00'10'49- East, 0 distance of 40.00 feet;
thence North 3~00'50" East. 0 distance of 18.99
feet to its intersection with 0 line lying 55.00 feet
North of os measured at right angles to the South
line of the northeast quarter of the southeast
quarter of said Section 34; thence South 89'49'11"
East, along said line 0 distance of 30.03 feet;
thence South 02" 16'01" East, 0 distance of 16.01
feet; thence North 89'49'11. West, 0 distance of
15.01 feet: thence South 41'17'45" West. 0 distance
af 17.26 feet: thence South 00'10'49" West, a
distance of 26.00 feet to the POINT or BEGINNING.
LINE
L 1
L2
L3
L4
L5
L6
L7
LB
LINE TABLE
LENGTH
16.00
40.00
18.99
30.03
16.01
15.01
17.26
26.00
extlBlT.A-
page,.,L. 0i:3::
NOTES:
1. This is not 0 su rvey.
2. Basis of bearing is the West line of County
Rood 951 (C.R. 951) bein9 S 02'16'01" E, Florido
State Plane Coordinates NAD 83/90, East Zone.
3. Subject to easements, reservations and
restrictions or record.
Containing 1,282.68 square feet or 0.0294 acres,
more or less.
Subject to eoUments and restrictions of record.
4. Easements shown hereon ore per plot, unless
otherwise noted.
5. ROW represents Right-of-Way.
6. P.O.B. represents Point of Beginning.
7. P.O.C. represents Point of Commencement.
8. O.R. represenls Official Records.
9. L.B.E. represents Landscape Buffer Easement.
10. U.E. represents Utility Easement.
THE FIRM)
-,'
...::r
NOT VALID WITHOUT T:J.IE SIGNATURE ANO THE
ORGINAL RAlSED':stAL OF A FLORIDA LICENSED
SURVEYOR ANOMAPPER.
CERTIFICATE OF AUTHORIZATION LB 143
N
....
o ~ ~ 100
GRAPHIC SCALE
PllOo.1EC1 NO.: 65061 ~1oIlCEI. NO. : 531
Wil..Itii'-.~-
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IWIoMfIIaI; Itlc.
-- ,.,...- - ....
_....,......__"1....__,..-., -__
I
200
COWER COUNTY D/rPARTMOO"
OF TRANSPORTATION
Sl<EJ'CH I: DE:sCRfPTlON
08/2005
Pt1tQJ(cr HO.:
N601!i-005-000
Mar 24, 2004 - 1.):06:44
MLAMUREIX:\SUR\N60' 5\95,.d 1 OO.dwg
I. SHEET NUW8ER;
::is 1 or xxx
rILE NO"
2L -812
jF--
RICHARD D. AND FRANCIS A. CRAIG
O.R. BOOK 2107, PAGE 1174
LEGAL DESCRIPTION
A portion of the South 1/2 of the South 1/2 of the
Northeast 1/4 of the Southeast 1/4 of Section 34,
Township 48 South, Range 26 East, and being 0
portion of those lands described in O.R. Book 2107,
Page 1174, of the Official Records of COllier County,
Florida, being more particularly described os fOllOws:
Commencing at the East 1/4 corner of Section .34,
Township 48 South, Range 26 East; thence
N.89'51'33"W. along the North line of the South 1/4
of so;d Section .34, 0 distance of 100.09 feet to its
intersection with the Westerly right-of-way line of
County Rood 951 (Collier Boulevard); thence
S.02"16'Ol.E. along said right-of-way line, 0
distance of 1,004.15 feet to its intersection with the
North line of South 1/2 of the South 1/2 of the
Northeast 1/4 of the Southeast 1/4 of said Section
.34; thence N.89'49'4rW. along said North line, 0
distance of 64.06 feet to the POINT OF' BEGINNING;
thence S.02"16'01"E., 0 distance of 279.66 feet to
its intersection with 0 line lying 55.00 feet North of
os measured at right angles to the South line of the
northeast quarter of the southeast quarter of said
Section .34: thence N.89'49'11.W., along said line 0
distance of 5.00 feet; thence N.02'16'Ol"W., 0
distance of 279.66 feet to its intersection with the
North line of the South 1/2 of the South 1/2 of
the Northeast 1/4 of the Southeast 1/4 of Section
34; thence S.89'49'4rE. along said North line, 0
distance of 5.00 feet to the F'OINT OF BEGINNING.
Containing 1398.49 square feet or 0.0321 acres,
more or less.
~.~
THE FIRM)
.,.
NOT VALID. )l/ITHO~T '1'HE SIGNATURE AND THE
ORGINAL RAISED: SEAL OF A FLORIDA LICENSED
SURVEYOR ANO' MAF'PER.
CERTIFICATE OF AUTHORIZATION L8 /14.3
UPDATED PER DESIGN CHANGE 08/02/05
REVISED PER COUNTY COMMENTS 03/07/05
REVISED PER COUNTY COMMENTS 03/04/05
PROJECT NO., 6506 ! PNlCn. NO. : 7 J !
WiI"lIer-'~'OOW~
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W1/rCtlMfI1er, Inc.
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IoIor 24, 2004 - 13:08:44 MlAMUREtX:\SUll\N1lO15\lIS1odl00.dW9
;.u . ~..:~~'.9.1~3_~_ em~~~~ 37 ;7~~\
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L173
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LINE
L171
Ll72
L173
L174
L175
LINE TABLE
LENGTH
64.06
279.66
5.00
279.66
5.00
BEARING
N89'4Q'4rW
SD2"16'01"E
N89'4 "1"W
N02" 1 '01'W
589' 49' 47' E
NOTES:
, . This is not a survey.
2. 8asis of bearing is the West line of County
Rood g51 (C.R. 951) being 5 02" 1 6'01" E, Florida
State F'lone Coordinates NAD 83/90, East Zone.
3. Subject to easements, reservations cnd
restrictions or record.
4. Easements shown hereon ore per plot, unless
otherwise noted.
5. ROW represents Right-of-Way.
6. F'.0.8. represents Point of Beginning.
7. P.O.C. represents F'oint of Commencement.
8. O.R. represents Official Records.
9. L.B.E. represents Landscape Buffer Easement.
, O. U.E. represents Utility Easement.
EXHIBIT -8-
PIIOe-3- oI-L
N
~
o 2"0 100
GRAPHIC SCALE
200
COLLIER COUNTY DEPARTMENT
OF TRANSPORTATION
SKETCH 4c DESCRIPTION
0.1/2005
"ftOJECI HO.:
N60/5-005-000
fiLE NO.:
2L-812
RICHARD D. AND FRANCIS A. CRAIG
O.R. BOOK 2107, PAGE 1174
LEGAL DESCRIPTION
A portion of the South 1/2 of the South 1/2 of the
Northeast 1/4 of the Southeast 1/4 of Section 34,
Township 48 South, Range 26 East, and being a
portion of those lands described in O. R. Book 2107,
Page 1174, of the Official Records of Collier County,
Florida, being more particularly described os follows:
Commencing the Southeast corner of the Northeast
quarter of the Southeast Quort.r of said Section 34
Thence North 89"49'11. West along south line of the
northeost quarter of the southeast quarter of said
Section 34 a distance of 100.09 feet to its
intersection with the Westerly right-of-way line of
County Road 951 (Colli.r Boulevard) thence continue
along said south line North 89"49'11. West 64.06
feet; Thence North 02' 16'0 1. West, a distance of
25.02 feet to the POINT OF BEGINNING; thence North
89"49'11. West, a distance of 5.00 feet: thence South
02' 16'0 1. East, 0 distance of 20,02 feet: thence
North 89"49'11. West, a distance of 38.04 feet;
thence North 02" 16'0 1. West, a distance of 50.05
feet to its intersection with a line lying 55.00 feet
North of as measured at right angles to the South
line of the northeast quarter of the southeast quarter
of said Section 34; thence South 89"49'11. East,
along said line a distance of 43.04 feet: thence
South 02'16'01. East, a distance of 30.03 feet to
the POINT OF BEGINNING.
Containing 2,051.87 sCjuore feet or 0.0471 acres,
more or less.,.,. '
Subject'to eas m'e
DAV.iD;J. HY , .M.. (FOR THE FIRIA)
FLoRI~. , ;NO. ":l8~4
.....v' .*'H,_;':' ,.::
NOT vAdOl ~lHOut THE SIGNATURE AND THE
ORGINAl' RAlSEOSEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER.
CERTIFICATE OF' AUTHORIZATION LB *43
UPDATED
UPDATED
UPDATED
UPDATED
PER COUNTY COMMENTS 08/04/05
PER DESIGN CHANCES 08/02/05
PER COUNTY COMMENTS 03/07/05
PARCEL NUMBER 01/05
6!SO'51 -~ NO. I 931
~IID.:
wn"'ler-'~--.
_ ~ E<1doiII* SIMl<n'~- ---.,CrM*D
WBan'tIIIr. Inc.
... ""....- - --
___... ...._Jl_.__ ....-. ---
lola, 24. 200' - 13:06:'4 MlAMUREI':\SUR\N601~\9~lo<lloo,aW9
N
September 13, 2005
\ Page 8 of 31
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t.H ,::,. 84 n~'_
1..4 N89'49'11"W
100.011'
164.15'
\
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LINE TABLE
LINE LENGTH
L 1 25.02
L2 5.00
L3 20.02
L4 38.04
L5 50.0~
L5 43.04
L7 30.03
NOTES:
1. This is not a survey.
2. Basis of bearing is the West line of County
Road 9~1 (C,R. 951) being S 02'16'01. E, Florida
State Plane Coordinates NAD 83/90, East Zone.
.3. Subject to easements, reservations and
restrictions or record.
4. Easements shown hereon are per plat, unless
otherwise noted.
5. ROW represents Right-of-Way.
5. P.O.B. represents Point of Beginning.
7. P.O.C. represents Point of Commencement.
a. O.R. represents Official Records.
9. L.B.E. represents Landscape Buffer Easement.
10. U.E. represents Utility Easement.
EXHlBlTA
....L Gf-S-
10 'OIl
GRAPHIC SCAlE
I
200
~-
D 25
COWER COUNTY DEPAR'IlfENT
OF TRANSPORTlinON
SKETCH " DESCRIP710N
0./200.1
I'IlQl(CT NO.'
N60/5-oo5-oo0
nu: NO.:
2L-812
-L2 14 --\
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CDN PROPERTIES
O.R. BOOK 3004, PAGE
.0
o
660 ~~
PARCEL
132
N ~
L217
LEGAL DESCRIPTION
A portion of the North 1/2 of the South 1/2
of the Northeast 1/4 of the Southealt 1 /4 of
Section 34, Township 48 South, Ranlle 26
East. and belnll 0 portIon of those land.
described In O.R. Book 3004. palle 660. of
the Official Records of Callier County, Florida,
being more particularly described as follows:
Commencing at the East 1/4 corner of
Section 34, Township 48 South, Range 26
East: thence N.89'51'33"W. along the North
line of the Southeast 1 /4 of Section 34. a
distance of 100.09 feet to its Intersection with
the Westerly right-of-way line of County Road
951 (Collier Boulevard); thence S.02'16'01.E.
along said ri9ht-of-way line. a distance of
'669.43 feet to the POINT OF BEGINNING;
thence continue S.02'16'01.E. alon9 said line.
a distance of 334.72 feet to its intersection
'with the South line of the North 1/2 of the
South 1/2 of the Northeast 1/4 of the
Southeast 1/4 of Section 34; thence
N.89'49'47"W. along sold South line, 0 dIstance
of 60.05 feet: thence N.02' 16'01 "W., 0
distance of 334.71 fset to ite intersection with
the North line of the' North 1/2 of the South
1/2 of the Northeo!lt. 1/4 of the Southeast
1/4 of Section 34: thence S.89'50'22.E. olon'll
soid North line, a distance of 60.05 feet to
the POINT OF BEGINNING.
Containin9 20,081.46 square feet or 0.4610
acrn, more or less.
LINE
L214
L215
L216
L217
L218
L219
LINE TABLE
LENGTH
100.09
669.43
334.72
60.05
334,71
60.05
NOTES:
Agenda Item No. 16B7
:::>
Page 9 of,32
.-
Lt1
C7l
I
\
BEARING
N '1'33.W
502'1 6'01 .E
502" 16'01.E
N 9'49'47"W
N02'16'01"W
589'50'22.(
1 . This is not a survey.
2. Basis of bearing ia the West line of County
Road 951 (C.R. 951) being S 02'16'01. E, Florida
State Plane Coordinates NAD 83/90. East Zone.
3. Subject to easements, reservations and
restrictions or record.
4. Easements shown hereon ore per plot, unless
otherwise noted. .
5. ROW represents Right-of-Way.
6. P.O.B. represents Point of Beginning.
7. P.O.C. represents Point of Commencement.
8. Q.R. reprllSents Official Records.
9. L.B.E. represents Landscape Buffer Easement.
10. U .E. represents Utility Easement.
EXHIBIT -1L
P..Lof-S-
q - /lq -.1JJ
- (DATE SIGNED)
NOT VALID WITHOUT THE SIGNATURE AND THE
ORGINAL RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER.
CERTIFICATE OF AUTHORIZATION LB 643
..-
o 2.5 50 100
GRAPHIC SCALE
PRO.ItcT NO.. 85081 PMCU NO. , 1 :32
WiI.Miller-'~--
_._. EoolII(IIlII.....,." ......--- ,~~
1\IocIrlYIor, tlC.
...,..... ....:.=:-n:..~..=..' _ _ 09/200:]
Sep 24. 2003 - 14,'7:05 N\.AMURElX:\SUR\N1lO1~15'od'OO.clwg
N
200
COWER COUNTY DEPARTMENT
OF TRANSPORTATION.
SKETCH & DESCRIPTION
"I'lQJCCT NO.:
N601S-DOS-000
nLE WO.:
2L-812
.0
I S! ;0
- 0'1
I.... I . I
\ ~\ LJ
I '----I \
I I
--~~~;'~~~:~~-::~~/2 -------------L22.----\
of the Northegst 1/4 of the Southeaat 1/4 of
Section 34, Township 48 South, Rangs 26
Eaet, and being a portion of those lands
deecrlbed In O.R. Book 3004, page 660, of
the Official Records of Collier County, Florida,
being mo,.. particularly described as follows:
j::;
N
...
L220
.-----------------------------------------
L2 6
L222
P.O.B.~
\
,....
3i
ci
Ii
CDN PROPERTIES
O.R. BOOK 3004, PAGE 660
~j::;
N N
U1 VI
Commencing at the East 1/4 corner of
Section 34, Township 48 South, Range 26
East; thence N.B9'S1'33"W. along the North
line of the Southeast 1/4 of Sectlon 34, a
distance of 100.09 feet to Its intersection with
the Westerly right-of-way line of County Road
951 (Collier Boulevar9): thence S.02'16'01"E.
along said right-of-way line, a distance of
669.43 feet to Its interaectlon with the North
lins of the North 1/2 of the South 1/2 of
the Northeast 1/4 of the Southeast 1/4 of
Section 34; thence N.89'SO'22"W. along said
North line, a distance of 60.05 feet to the
POINT OF BEGINNING; thence S.02'16'01"E., 0
distance of 334.71 feet to its Interaectlan with
the South line of the North 1/2 of the South
1/2 of the Northeaat 1/4 of the Southeaat
1/4 of Section 34; thence N.89'49'47"W. along
soid South line, a distance of 5.00 feet;
thence N.02'1S'01"W.. 0 distance of 334.71
feet to its intersection with the North line of
the North 1/2 of the South 1/2 of the
Northeast 1/4 of the Southeaat 1/4 of
Section 34; thence S.89'SO'Z2"E. along said
North line, 0 distance of 5.00 feet to the
POINT OF BEGINNING.
Containing 1,672.04 square feet or 0.0384
acres, more or less.
LINE
L220
L221
L222
L223
L224
L22S
L226
LINE TABLE
LENGTH
100.09
669.43
SO.05
334.71
5.00
334.71
5.00
NOTES:
A end a Item No. 16B7
Page 10 of 32
\
1
h\
3:
I ~ I
\ i
\
\
\
1 , This Is not a survey.
2. Baala of bearing is the West line of County
Road 951 (C.R. 951) being S 02'1S'01" E, Florida
State Plane Coordinates NAD S3/90, East Zone.
3. Subject to easements, reservations and
restrictions or record.
4. Eaeements shown hereon are per plat. unless
otherwin noted.
5. ROW reprlllents Right-of-Way.
6. P.O.B. represents Point of Beginning.
7. P.O.C. represents Point of Commencement.
8. O,R. repreeents Official Records.
9. LB.E. represents Landscape Buffer Easement.
10. U.E. represents Utility Easement.
EXHIBIT ..A..
Page-1Lof~
'1 - ~C( ~:~O:;': jDATE SIGNED)
NOT VALlO Wi'tHOUT THE SIGNATURE AND THE
ORGINAL RAISED SI;ALOf' A F'LORIDA UCENSED
SURVEYOR AND M~PER.
CERTIFICATE OF' AUTHORIZATION LB *43
'..-
o Z5 10 100
GRAPHIC SCALE
""""a:T NO.' 65061 _eEl. NO. I 7J2
WiI"If;llel.'~-
_.-..-,....... .---.~- .~-
~m
...,'-.... ...:.r.r.,.;.-=-=.=:..,.. _ _ 09/200:1
Sop 15, 1~ - lll:03:lll MWlUIIElX:\SUR\NBQ1II\Ulod'oo.dwV
3M
I
200
COWER COUNTY DEPARTMENT
OF TRANSPORTATION
SKE:TCH & DESCRIPTION
fl'1I:()"IQ;T NO.:
N6015-00!.!-OOO
riLE NO.:
2L-812
:R: L: OF THE SOUTHEAST , /4 -.!
CDN PROPERTIES
O.R. BOOK 3004, PAGE 660
LEGAL DESCRIPTION
A portion of the North 1/2 of the Northeast
, /4 of the Southeast , /4 of Section 34,
Township 48 South, Range 26 East, and being
o portion of those lands described In O.R.
Book 3004, page 660, of the Official Records
of Collier County, Florida, being more
particularly described as follows:
Commencing at the East 1/4 Corner of
Section 34, Townehlp 48 South, Range 26
Eaet; thence N.811'S1 '3J"W. along the North
line of the Southeast 1 /4 of Section 34, a
distance of 100.09 feet to Ite intereection with
the Westerly right-Of-way line of County Road
951 (Collier Boulevard) and the POINT OF
BEGINNING; thence S.02'16'01"E. along Bald
Westerly line, a distance of 669.43 feet to its
intersection with the South line of the North
1/2 of the Northeast 1/4 of the Southeast
1/4 of Section 34; thence N.8Q'50'2.2."W. along
said South line, a distance of 60.05 feet;
thence N.02' 1 6'01"W., a distance of 669.41
feet to It intereection with the North line of
the Southeast 1/4 of Section 34; thence
S.89"S1 '33"E. along said North line, 0 distance
of 60.05 feet to the POINT OF BEGINNING.
Containing 40,162.62 squars feet or 0.9220
acres, more or le88.
iJcu~
DAVID J. H ".?~ ,.1.1. (FOR THE FIRM)
FLORIr:lA LI :" NO,. 56}4
'1. -iiJf~:or~ ""':(DATE SIGNED)
~...- . ,.,~ ,,-
NOT VALID WITHOU{~T.AE SIGNATURE AND THE
ORGINAL RAISED. S6:AL OF, A FLORIDA LICENSED
SURVEYOR ANOWlPPER.
CERTIFICATE OF AUTHORIZATION L8 #43
PltOoI'CCl' HI)"
PJ.Rctl NO. :
65061
L229
NOTES:
I
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~y
\
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b
o
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.....,
-\
-\
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1. This Is not 0 survey.
2. Basis of bearing Is the West line of County
Road 951 (C.R. 951) being S 02'16'0'" E, Florida
State Plane Coordinates NAD 63/90. East Zone.
3. Subject to easements, reservations and
reetrlctions or record.
4. Easements shown hereon are per plat, unle88
otherwise noted.
5. ROW represents Right-of-Way.
6. P.O.B. represents Point of Beginning.
7. P.O.C. represente PoInt of Commencement.
6. O.R. represents Official Records.
9. LB.E. repreeente Landscape Buffer Eosement.
10. U.E. represents Utility Easement.
LINE
L227
L228
L229
L230
L231
LINE TABLE
LENGTH
100.09
669.43
60.051
669.41
60.05
~
o Z5 00 tOO
GRAPHIC SCALE
COLLIER COUNTY DEPARTMENT
Of TRANSPORTATION
EXHIBIT ..A.
Page-2- of...:!...
133A
WiI"Miller-'~~-
_.w....I!aoIIIlIllo.~.~_.~~
W/IoonUIlIr, t1c
a_loR.... .....=-=r.",;...:.=;=.w. --
\ s." 211. 2003 - 111103:01I IIL-'*lUIIE\X,\SUR\NeOls\valod100.dwv
N
I
200
09/200.J
PROJeCT HO.:
N6015-005-DDO
SKETCH de D~SCRIPTlON
FIll: t/O.:
2L -812
NOTES:
,. This is not 0 survey.
2. Basis of bearing is the West line of
County Rood 951 (C.R. 951) being S
02' 16'01" E. Florida State Plane
Coordinates NAD 83/90, East Zone.
3. Subject to easements, reservations
and restrictions or record.
4. Easements shown hereon ore per
plot. unless otherwise noted.
5. ROW represents Right-of-Way.
6. P.O.B. represents Point of Beginning.
7. P.O.C. represents Point of
Commencement.
8. O.R. represents Official Records.
9. L.B.E. represents Landscope Buffer
Easement.
10. U.E. represents Utility Easement.
LEGAL DESCRIPTION
A portion of the North 1/2 of the
Northeost 1/4 of the Sautheost 1/4 of
Section 34, Township 48 South, Range 26
East. and being 0 portion of those lands
described in O.R. Book 3004, page 660,
of the Officiol Records of Collier County,
Florida. being more particularly described
os follows:
Commencing at the East 1/4 Corner of
Section 34, Township 48 South, Range 26
East; thence N.89'51 '33"W. along the
North line of the Southeast 1/4 of
Section 34, 0 distance of 160.14 feet to
the POINT OF BEGINNING: thence
N.89'51'33"W. along said North line, 0
distance of 540.48 feet; thence
S.02'16'01"E.. 0 distance of 80.07 feet to
its intersection with 0 line lying 80.00
feet Southerly of when meosured ot right
ongles to the North line of the Southeost
1/4 of Section 34; thence S.89'51'33"E.
olong said line, 0 distonce of 540.48 feet
to its intersection with 0 line lying 160.00
feet Westerly of when measured at right
angles to the East line of the Southeast
1/4 of Section 34; thence N.02' 1 6'0 l"W.
olong soid line, 0 distonce of 80.07 feet
to the POINT OF SEGINNING.
Containing 43238.25 squore feet or
0.9926 acres, more or less.
.3-q-05'
(DATE SIGNED)
NOT VALID WITHOUT THE SIGNATURE AND THE
ORGINAL RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER.
CERTIFICATE OF AUTHORIZATION LB #43
PROJECT '0., 65061 PNlCtL NO. , I JJ8
Wi,.,."erw,,--
-- e..- ~ ~......--- Tnnpa1IIlI<rl~
W"-'MII<<. /ne.
_ ""..,..,-- ""'"
JlIXI_""""'ll>> __..,_.__ ~1IN4UIf' ___....
Nor 24, 2004 - '3:011,44 1IlAINREIX:\SUfI\NIOI5\DSlocl'OO._
A enda Item No. 1687
Page .12 of 32
CON PROPERTIES
O.R. SOOK 3004, PAGE 660
c
~
951 (100' R.O.W.)
L C.R. 95'
LINE
Ll
L2
L3
L4
L5
LINE TABLE
LENGTH
160.14
540.48
80.07
540,48
80.07
EXHIBIT ~
page-K- of3::
OJ/200!J
-'
CANAL-R,:.W,J
BEARING
N89'51'33"W
N89'51 ''J'J"w
S02'16'01"E
SB9'51'33"E
N02'16'O'"W
M-}--
'.- I I
o ~ ~ 100 2:00
GRAPHIC SCAlE
COLtl~R COUNTY D~PARTM~NT
OF' TRANSPORTATION
SKITCH & D~SCR/PTION
P'ROJECT NO"
N60/5-oo5-OOO
mE NO..
2L-812
NORTH LINE OF THE SOUTHEAST 1/4
J
r
N
l..
\
I
POll
CDN PROPERTIES
O.R. BOOK 3004, PAGE 660
~
~---
r- r
(Jl Vl
LEGAL DESCRIPTION
A portion of the North 1/2 of the Northeast
1/4 of the Southeast 1/4 of Section 34,
Township 48 South. Range 26 East, and being
o portion of those lands described in O. R. I
Book 3004. page 660, of the Official Records
of Collier County, Florida, being more
particularly described as follows:
.------------------------------------------------ -----
Commencing at the East 1/4 Corner of L4
Section 34, Township 48 South, Range 26 NOTES:
East: thence N.89'51' 33" W. along the North
line of the Southeast 1/4 of Section 34, 0
distance of 160.14 feet: Thence 5.02" 16'0'" E..
o distance of 80.07 feet to the POINT OF
BEGINNING; thence S.02' 1 6'01. E.. 0 distance of
589.34 feet to its intersection with the South
line of the North 1/2 of the Northeast 1/4
of the Southeast 1/4 of Section 34; thence
N.89'50'22"W. along said South line, 0 distonce
of 5.00 feet; thence N.02'16'01"W.. 0 distonce
of 589.34 feet to its intersection with 0 line
lying 80.00 feet southerly of when measured
at right angles to the North line of the
Southeast 1/4 of Section 34; thence
S.89'51 '.33"E. along said line, 0 distance of
5.00 feet to the POINT OF BEGINNING.
Containing 2946.65 square feet or 0.0676
acres, more or less.
Ll
\
\
..,
ptember 13, 2105
Page 13 of 32
~
-
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.......
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01
LO 0:
;~ L1
\
\
1.
This is not 0 survey.
2. Basis of bearing is the West line of County
Rood 951 (C.R. 951) being S 02"16'0'" E, Florida
State Plane Coordinates NAD 83/90, Eost Zone.
3. Subject to easements, reservations and
restrictions or record.
4. Easements shown hereon ore per plot, unless
otherwise noted.
5.
6.
7.
8.
9.
10.
ROW represents Right-of-Way.
P.O.B. represents Point of Beginning,
P.O.C. represents Point of Commencement.
O.R. represents Official Records.
L.B.E. represents Landscape Buffer Easement.
U.E. represents Utility Easement.
',.-
o 2~ 50 100
GRAPHIC SCAL.E
COLLIER COUNTY DEPARTMENT
OF' TRANSPORTATION
LINE TABLE
LINE LENGTH BEARING
L1 160.14 N89'51'.33"w
L2 80.07 S02"16'01"E I
L3 589..34 502'16'01" E
L4 5.00 N89'50'22"w
L5 589.34 NOZ 1 6'O'"W
L6 5.00 S89'51'33"E
(DATE SIGNED)
NOT VALID WITHOUT THE SIGNATURE AND THE
ORGINAL RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER.
CERTIFICATE OF AUTHORIZATION LB /14.3
REVISED PER COUNTY COMMENTS 03/09/05
PROJECt '0.' 6506 , PARCEL 1<0. , 7 JJ
Wil""'r.'~-
-. t.- E~ s...w,m......,--- ~~
WJIroMf/IIeI. fnc.
_f<rt......___
...,t.lt..... ...,...",fGS.IID1.,.....",.. ..1JNfU1. ....... ...............
...., 24, 2004 - 1.1:00:44 ~\SUR\NeO,~\!I~'..,,00_
EXHIBIT ..A..
page.-L of...:L
N
200
SKETCH 4c DESCRIPTION
09/20003
I PROJECT NO,
N60IS-00S-ooo
f:Lf NO:
2L -812
Agenda Item No. 1687
September 13, 2005
Page 14 of 32
PROJECT: 65061
PARCEL No(s): 132,732, 133A, 133B, 733
PURCHASE & EASEMENT AGREEMENT
THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into this _ day of , 2005, by and between CON
PROPERTIES, L.L.C., a Florida limited liability company, whose mailing address is 711
5th Avenue South., Suite 209, Naples, FL 34102-6628 (hereinafter referred to as "Owner"),
and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing
address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as
"Purchaser").
WHEREAS, Purchaser has requested that Owner convey to Purchaser a fee
simple interest for Right-of-Way required for the expansion of Collier Boulevard (Parcels
132, 133A and 133B), and two Temporary Construction Easements (Parcels 732 and
733), (hereinafter collectively referred to as "Property") over, under, upon and across the
lands described in Exhibit "A" (attached hereto and made a part of this Agreement); and
WHEREAS, Owner desires to convey said Property to Purchaser for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the
Property; and
WHEREAS, both Owner and Purchaser acknowledge that a portion of Parcel 133B
(6,000 square feet) is necessary solely for the construction by Purchaser of turn lanes on
Wolfe Road which primarily benefit Owner's remaining lands, namely the west-bound-to-
southbound left turn lane and the east-bound-to-southbound right turn lane, which
provides access to Owner's remaining lands at approximately Station 496, according to
the Collier Boulevard Phase IV Bid Plans, dated July 2005 (hereinafter referred to as
"Access Improvements"); and
WHEREAS, Owner desires that Purchaser construct said Access Improvements;
and
WHEREAS, Owner and Purchaser have agreed that no compensation shall be due
or payable to Owner by Purchaser for the conveyance of that certain 6,000 square foot
portion of right-of-way Parcel 133B from Owner to Purchaser; and
WHEREAS, Owner has agreed that the cost of the above-referenced Access
Improvements is $25,000 and that said amount shall be deducted from Purchaser's
compensation to Owner for the conveyance of the Property.
NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars
($10.00), and other good and valuable consideration, the receipt and sufficiency of which
is hereby mutually acknowledged, it is agreed by and between the parties as follows:
1. All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below, and all Exhibits
referenced herein are made a part of this Agreement.
2. Owner shall convey the Property to Purchaser for the sum of $756,066.52 subject
to the apportionment and distribution of proceeds pursuant to paragraph 11 of this
Agreement (said transaction hereinafter referred to as the "Closing"). Said
payment to Owner, payable by County Warrant, shall be full compensation for the
Property conveyed. including all landscaping, trees, shrubs, improvements, and
fixtures located thereon, and for any damages resulting to Owner's remaining
lands, and for all other damages in connection with conveyance of said Property
to Purchaser, including all other expert witness fees and costs, as provided for in
Chapter 73, Florida Statutes, not addressed in this agreement. Said payment has
been calculated at the agreed upon unit price for the land and the easements,
Purchase Agreement
Agenda Item No, 16B7
September 13, 2005
Page 15 of 32
Page 2
from which deductions have been made to account for the 6,000 square feet of
land being donated to Purchaser for the construction of Access Improvements
and the $25,000.00 cost of the construction of said Access Improvements, both of
which are primarily for the benefit of Owner. Payment in the amount of
$15,373.55 shall be made by Purchaser to Owner's attorney, Kenneth Jones.
Esq., c/o Roetzel & Andress, 2320 First Street, Fort Myers, FL 33901-3419.
Payment in the amount of $1,600.00 shall be paid by Purchaser to Owner's
appraiser, Allied Appraisers & Consultants, Inc., 1642 Medical Lane, Fort Myers,
FL 33907-1192.
IN THE EVENT that the BCC does NOT approve the PUD with the commercial
zoning along the project's Collier Boulevard frontage, AND the connector road
from Wolfe Road through Sonoma Oaks to Mission Hills Shopping Center, then:
(a) Collier County (Purchaser) shall revise its construction plans relative to Wolfe
Road so as to delete the right and left tum lanes (the "Access Improvements.)
whose sole purpose was to provide access to the Wolfe Road-ta-Mission Hills
connector road through Sonoma Oaks; and (b) within 30 days of receipt of written
request from Owner, Collier County (Purchaser) shall quitclaim to Owner all right
and title to the south 12 feet by 500 feet of Parcel No. 133B; and (c) within 30
days of receipt of written request from Owner, Collier County (Purchaser) shall
refund to Owner $25,000 of the purchase price to account for deductions made
for the County's cost of said Access Improvements no longer being constructed
by Collier County (Purchaser).
3. Owner shall convey a marketable title free of any liens, encumbrances,
exceptions, or qualifications except for restrictions, reservations, easements of
record and outstanding oil, gas and mineral interests of record, if any. Marketable
title shall be determined according to the applicable title standards adopted by the
Florida Bar and in accordance with law. Prior to the Closing, Owner shall cause
to be delivered to Purchaser the items specified herein and the following
documents and instruments duly executed and acknowledged, in recordable form
(hereinafter referred to as "Closing Documents.):
(a) Warranty Deeds for Parcels 132, 133A and 133B;
(b) Temporary Construction Easements for Parcel 732 and 733;
(c) Closing Statement;
(d) Grantor's Non-Foreign, Taxpayer Identification and GAP Affidavit;
(e) W-9 Form; and
(f) Such evidence of authority and capacity of Owner and its representatives to
execute and deliver this agreement and all other documents required to
consummate this transaction, as reasonably determined by Purchaser,
Purchaser's counsel and/or title company.
4. Prior to Closing, Owner shall obtain from the holders of any liens encumbering the
Property, and all current lessees, the execution of such instruments which will
remove or release such encumbrances from the Property upon their recording in
the public records of Collier County, Florida. Owner shall provide such
instruments, properly executed, to Purchaser on or before the date of Closing.
For easements of record, Purchaser shall either take title subject to such
easements or obtain appropriate releases prior to Closing.
5. Both Owner and Purchaser agree that time is of the essence in regard to the
closing, and that therefore Closing shall occur within sixty (60) days from the date
of execution of this Agreement by the Purchaser; provided, however, that
Purchaser shall have the unilateral right to extend the term of this Agreement
Purchase Agreement
Agenda Item No. 1687
September 13, 2005
Page 16 of 32
Page 3
pending receipt of such instruments, properly executed, which either remove or
release any and all such liens. encumbrances or qualifications affecting
Purchaser's enjoyment of the Property. At Closing, Purchaser shall deliver the
County Warrant to Owner and Owner shall deliver the Closing Documents to
Purchaser in a form acceptable to Purchaser.
6. Purchaser shall be entitled to full possession of the Property at Closing.
7. Owner is aware and understands that the "offer" to purchase represented by this
Agreement is subject to acceptance and approval by the Board of County
Commissioners of Collier County, Florida at the Board meeting on September 13,
2005. If this Agreement is not ratified and approved by the Board on or before
September 13, 2005, all obligations under this Agreement shall terminate and be
null and void.
8. Owner and Purchaser represent and warrant the following:
(a) Owner 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.
(b) Owner 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.
(c) 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 Owner to be performed pursuant to the provisions of this
Agreement.
(d) No party or person other than Purchaser has any right or option to acquire
the Property or any portion thereof.
(e) Until the date fixed for Closing, so long as this Agreement remains in force
and effect, Owner 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, 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.
(f) There are no maintenance, construction, advertising, management, leasing,
employment, service or other contracts affecting the Property.
(g) Owner has no knowledge that there are any suits, actions or arbitration,
administrative or other proceedings or governmental investigations or
requirements, formal or informal, existing or pending or threatened which
affect the Property or which adversely affect Owner'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.
(h) Owner acknowledges and agrees that Purchaser is entering into this
Agreement based upon Owner's representations stated above and on the
understanding that Owner will not cause the 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, Owner
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
Purchase Agreement
Agenda Item No. 16B7
September 13, 2005
Page 17 of 32
Page 4
would change the physical condition of the Property or the govemmental
ordinances or laws goveming same.
9. Owner represents that the Property and all uses of the Property have been and
presently are in compliance with all Federal, State and Local environmental laws;
that no hazardous substances have been generated, stored, treated or
transferred on the Property except as specifically disclosed to the Purchaser; that
the Owner has no knowledge of any spill or environmental law violation on any
property contiguous to or in the vicinity of the Property to be sold to the
Purchaser, that the Owner has not received notice and otherwise has no
knowledge of a) any spill on the Property, b) any existing or threatened
environmental lien against the Property or c) any lawsuit, proceeding or
investigation regarding the generation, storage, treatment, spill or transfer of
hazardous substances on the Property. This provision shall survive Closing and
is not deemed satisfied by conveyance of title.
10. Owner shall indemnify, defend, save and hold harmless the Purchaser against
and from, and to reimburse the Purchaser with respect to, any and all damages,
claims, liabilities, laws, costs and expenses (including without limitation
reasonable paralegal and attomey fees and expenses whether in court, out of
court, in bankruptcy or administrative proceedings or on appeal), penalties or
fines incurred by or asserted against the Purchaser by reason or arising out of the
breach of Owner's representation under Section 9. This provision shall survive
Closing and is not deemed satisfied by conveyance of title.
11. Purchaser shall pay all fees to record any curative instruments required to clear
title, all Warranty Deed and easement recording fees, and any and all costs
and/or fees associated with securing and recording a Release or Subordination of
any mortgage, lien or other encumbrance recorded against the Property;
provided, however, that any apportionment and distribution of the full
compensation amount in Paragraph 2 which may be required by any mortgagee,
lien-holder or other encumbrance-holder for the protection of its security interest
or as consideration for the execution of any release, subordination or satisfaction,
shall be the responsibility of the Owner, and shall be deducted on the Closing
Statement from the compensation payable to the Owner per Paragraph 2. It is
mutually understood that the Property is being acquired under the threat of
condemnation.
12. All ad valorem real estate taxes due on the Property during Owner's term of
possession, and all maintenance charges and assessments due from Owner, for
which a bill is rendered prior to closing, will be charged against Owner on the
closing statement. Ad valorem taxes next due and payable after closing on the
Property, shall be prorated at Closing based upon the current year's tax
applicable to the Property, with due allowance made for maximum allowable
discount, homestead and any other applicable exemptions, and paid by Owner. If
Closing occurs at a date when the current year's millage is not fixed, taxes will be
prorated based upon such prior year's millage. Owner shall pay 2005 ad valorem
taxes during the period of their ownership, as calculated upon the per diem
amount supplied by the Collier County Property Appraiser and Tax Collector.
13. This Agreement and the terms and provisions hereof shall be effective as of the
date this Agreement is executed by both parties and shall inure to the benefit of
and be binding upon the parties hereto and their respective heirs, executors,
personal representatives, successors, successor trustees, and/or assignees,
whenever the context so requires or admits.
14. If the Owner holds the Property in the form of a partnership. limited partnership,
corporation, trust or any form of representative capacity whatsoever for others,
Owner shall make a written public disclosure, according to Chapter 286, Florida
Statutes. under oath, of the name and address of every person having a
Purchase Agreement
Agenda Item No. 16B7
September 13,2005
Page 18 of 32
Page 5
beneficial interest in the Property before the Property held in such capacity is
conveyed to Purchaser. its successors and assigns. (If the corporation is
registered with the Federal Securities Exchange Commission or registered
pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general
public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.)
15. Conveyance of the Property by Owner is contingent upon no other provisions.
conditions, or premises other than those so stated herein; and this written
Agreement, including all exhibits attached hereto, shall constitute the entire
Agreement and understanding of the parties, and there are no other prior or
contemporaneous written or oral agreements, undertakings. promises. warranties.
or covenants not contained herein. No modification or amendment of this
Agreement shall be of any force of effect unless made in writing and executed
and dated by both Owner and Purchaser Time is of the essence of this
Agreement
16. Should any part of this Agreement be found to be invalid, then such invalid part
shall be severed from the Agreement. and the remaining provisions of this
Agreement shall continue in full force and effect and not be affected by such
invalidity.
17. This Agreement is govemed and construed in accordance with the laws of the
State of Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this
_ day of , 2005.
Property acquisition approved by BCC pursuant to Resolution No. 2003-372. dated
10/28/03, Item 16B5.
AS TO PURCHASER:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
, Deputy Clerk
BY:
Fred W. Coyle, Chainnan
AS TO OWNER:
CON PROPERTIES, L.L.C., a Florida
limited liability company
DATED: 6 \ \l \OS
=J::L t r/ P (0irrlpoC/S,
Witness (Signature)
~el C6J'rd.enas
Nam~Qt or Type)
/(~.//~ I' //1
I (/ (/ !
~itnEiss (Signature}
/"> \ \ /
( \1'\ C"r VL--\
Name (Print or Type
By: ~ ~=
Title: ~ ~
Approved as to fam and
legal sufficiency:
{fL 12 CI~/
""1::lIen . Chadwell
Assistant County Attorney
-L214-L II
~. \
~
I q I
\ i \
~-------------------------------------------
~
~
o
0::
CDN PROPERTIES
O.R. BOOK 3004, PAGE
'0
o
660 (~tJ j
132
L217
LEGAL DESCRIPTION
A portion of the North 1/2 of the South 1/2
of the Northeast 1/4 of the Southeast 1/4 of
Section 34, Township 48 South, Range 26
East, and being 0 portion of those lands
described in O.R. Book 3004, page 660, of
the Official Records of Collier County, Florida,
being more particularly described os follows:
Commencing at the East 1/4 comer of
Section 34, Township 48 South, Range 26
East; thence N.89'Sl'33"W. along the North
line of the Southeast 1/4 of Section 34, a
distance of 1 00.09 feet to its intersection with
the Westerly right-of-way line of County Rood
951 (Collier Boulevard); thence S.02'16'01"E.
along said right-of-way line, a distance of
669.43 feet to the POINT OF BEGINNING: .
thence continue S.02'1 6'01 DE. along said line,
o distance of 334.72 feet to its intersection
with the South line of the North 1/2 of the
South 1/2 of the Northeast 1/4 of the
Southeast 1/4 of Section 34; thence
N.B9'49'47"W. olong sold South line, 0 distance
of 60.05 feet; thence N.02'16'01 "W.. 0
dletance of 334.71 feet to its intersection with
the North line of the North 1/2 of the South
1/2 of the Northeast 1/4 of the Southeast
1/4 of Section 34; thence S.89'50'22"E. along
said North line, a distance of 60.05 feet to
the POINT OF BEGINNING.
Containing 20,081.46 square feet or 0.4610
acres, more or less.
LINE
L214
L215
L216
L217
L21a
L219
LINE TABLE
LENGTH
100.09
669.43
334.72
60.05
334.71
60.05
NOTES:
Agenda Item No. 1687
Page 19 of,32
,...
....,
,...
U1
en
I
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~ I
\
\
BEARING
NB9'51'33DW
S02'16'01"E
S02'16'01 DE
NB9'49'47"W
NOZ',6'0,"W
S89'50'22"E
1. This is not 0 survey.
2. Basis of bearing is the West line of County
Road 951 (C.R. 951) being S 02"6'01" E. Florida
State Plane Coordinat" NAD B3/90, East Zone.
3. Subject to easements, reservations and
restrictions or record.
4. Easements shown hereon are per plot, unless
otherwise noted.
5. ROW represents Right-of-Way.
6. P .O.B. represents Point of Beginning.
7. P.O.C. represents Point of Commencement.
8. O.R. represents Official Records.
9. L.B.E. represents Landscape Buffer Easement.
10. U.E. represents Utility Easement.
EXHIBIT ....8..
Pege......L of~
q - /Jq ..()}
- (DATE SIGNED)
NOT VALID WITHOUT THE SIGNATURE AND THE
ORGINAL RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER.
CERTIFICATE OF AUTHORIZATION La {/43
I _
-
o 2.S:SO 100
GRAPHIC SCALE
P[lU)JtcT 1iO.;
65061 'NlCEL NC. , 132
WiI.Miller-'~W-
- '.....' EooiIpIlr,....,.., ~- . ~ ""--
~hc>.
.....IlII....._. _.~
_..teo.....___.__."'_.__
Sep 24, 2003 - '4"7:05 IoIlNot1lRE1X:\SUII\NIlO1~\g!l1ocl100.dw!j
N
I
200
COLLIER COUNTY DEPARTMENT
OF TRANSPORTATION
SKETCH &: DESCRIPTION
09/200:5
I PROJCC'T NO.:
N6015-005-000
I SHEET "'UMBER:
lJ2 OF XXX
FlU HO.:
2L-872
I
.... 1 ' I
\ ~\U
I '---i \
I I
--~~~;;;~~~~:~~~~"~~--------------L224----j
of the Northeoet 1/4 of the Southeolt 1/4 of LINE TABLE
Section 34, Township 48 South, Range 26
East, and belno 0 portion of those lands LINE LENGTH
described In O.R. Book 3004, page 660, of
the Official Records of Collier County, Florida, L220 100.09
being more particularly described os follows: L221 669.43
L222 60.05
L223 334.71
L224 5.00
L225 334.71
L226 5.00
r
N
N
....
L220
12
---------------------------------------------
\
-
3i
q
0:::
"0
o
CON PROPERTIES
O.R. BOOK 3004, PAGE 660
~ ~
N N
U1 U
....
'-'
Commencing at the East 1/4 corner of
Section 34, Township 48 South, Range 26
East; thence N.B9'51'33"W. along the North
line of the Southeast 1/4 of Section 34, 0
distance of 100.09 feet to its intersection with
the Westerly right-of-way line of County Rood
951 (Collier Boulevor~); thence S.02'16'Ol"E.
along said right-of-way line, a distance of
669.43 feet to ite intersection with the North
line of the North 1/2 of the South 1/2 of
the Northeast 1/4 of the Southeast 1/4 of
Section 34; thence N.89'50'22"W. along laid
North line, 0 distance of 60.05 feet to the
POINT OF BEGINNING: thence S.02'16'01"E., 0
distance of 334.71 feet to Its interaectlon with
the South line of the North 1/2 of the South
1/2 of the Northeast 1/4 of the Southeast
1/4 of Section 34; thence N.B9'49'47"W. along
said South line, 0 distance of 5.00 feet;
thence N.02'16'01 "W., 0 distance of 334.71
feet to its intersection with the North iine of
the North 1/2 of the South 1/2 of the
Northeast 1/4 of the Southeast 1/4 of
Section 34; thence S.89'50'22"E. along said
North line, 0 distance of 5.00 feet to the
POINT OF BEGINNING.
Containing 1,672.04 square feet or 0.0384
oc res, more or lesa.
NOTES:
1. This is not 0 survey.
Agenda Item No. 16B7
Page 20 at 32
I
I
hI
~
I ~ I
\ i
\
....
LO
O'l
\
2. BOllls of bearing is the West line of County
Rood 951 (C.R. 951) being S 02'16'01" E, Florida
State Plane Coordinates NAn 83(90. East Zone.
3. Subject to easemente, reservations and
restrictions or record.
4. Easements shown hereon ore per plat, unless
otherwise noted.
5. ROW represents Right-of-Way.
6. P.O.B. represents Point of aeginning.
7. P.O.C, represents Point of Commencement.
8. O.R. represents Official Records.
9. L.B.E. represents Landscape Buffer Easement.
10. U.E. represents Utflity Easement.
EXHIBIT .1L
,..2- of..s:..
'1 ~ dl-q -~o 3 JDATE SIGNED)
NOT VAUD WITHOUT. THE SIGNATURE AND THE
ORGINAL RAISED S~ OF A FLORIDA LICENSED
SURVEYOR AND M.4fPER.
CERTIF1CATE OF' AUTHORIZATION LB (J43
~
02.:1'0 lOO
GR.\PHIC SCALE
"""""" NO.. 55051 PNICD. NO. : 7J2
WiI.Millel.'~W-
_........-..... .-.-,...........- .~-
1t1IonWIIr, tic
_....._ ...=M:'.r.-_-:'.H.~.:::",. _ _ 09/200:1
s.p 2e, 2003 - 111:03:011 lIlAMURElX:\5UR\H80111\lllllldlOO.dwl/
N
I
200
COLUER COUNTY DEPARTMENT
OF TRANSPORTATION
SKE:TCH de D~CRIPnON
pROJCCT NO.:
N601!5-00!5-000
flU NO.:
2L -812
.---------------------------------------------
Commencing at the East 1/4 Corner of
Section 34. Townllhlp 48 South. Range 26
East; thence N.69'51'33"W. along the North
line of the Southeast 1/4 of Ssction 34, 0
distance of , 00.09 feet to Ite inteructlon with
the Westerly rl'ilht-of-woy line of County Road
951 (Collier Boulevard) and the POINT OF
BEGINNING; thence 5.02'16'01"E. along sold
Westerly line, a distance of 669.43 teet to Its
Intersection with the South line of the North
1/2 at the Northeast 1/4 of the Southeast
1/4 of Section 34; thence N.B9'50'22"W. along
said South line, a distance of 60.05 feet;
thence N.02'16'01"W., 0 distance of 669.41
feet to it intersection with the North line of
the Southeast 1/4 of Sectlon 34; thence
S.89'51'33"E. along said North line. 0 distance
of 60.05 feet to the POINT OF' BEGINNING.
Containing 40,162.62 square feet or 0.9220
acres, more or less.
:R: L: Of THE SOUTHEAST 1/4 J
CON PROPERTIES
O,R, BOOK 3004. PAGE 660
LEGAL DESCRIPTION
A portion of the North 1/2 of the Northeast
1/4 of the Southeast 1/4 of Section 34,
Township 48 South. Range 26 East, and being
o portion of those lands described In O.R.
Book 3004, page 660, of the Official Record,
of Collier County, Florida, being more
particularly described os follows:
f)~ ~
DAVID J. H.~,p.;.M;.'(fOR THE FIRM)
FLoRIGA JI ~'. NO.; 5~}4
'1 -iiJ1.fu01",:,' -'(DATE SIGNED)
"'-.,"!' ,~~ -Y
NOT VALID WITHouf :r-HE SIGNATURE AND THE
ORGINAL RAISED5G:AL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER.
CERTIFICATE OF AUTHORIZATION LB /i43
~
~'
r
r-.J
U
o
NOTES:
,. This Ie not a survey.
Aqenda Item No. 16B7
~pemDer ::>
Page 1 of 32
1227
P.O.B. P
I
I
n \
0::
\ ;J, I
I ~ l
'0 \ \
0 ....
-- LI'l
'-' 01
.... ci
10
en cJ I
l
0:: ~
cJ \
~
\
.\
I
I
\
2. Basis of bearing Is the Wllllt line of County
Road 951 (C.R. 951) being S 02'16'01" E, Florida
State Plane Caordlnates NAD 83/90, Eallt Zone.
3. Subject to eaeementll, reservations and
relltrictions or record.
4. Easements shown hereon ore per plat. unless
otherwise noted.
5. ROW represents Right-at-Way.
6. P.O.B. represents Point of Beginning.
7. P.O.C. represents Point of Commencement.
8. O.R. represents Official Records.
9. L.B.E. represents Landscape Buffer Easement.
10. U.L represents Utility Easement.
LINE
L227
L228
L229
L230
L231
LINE TABLE
LENGTH
100.09
669.43
60.05
669.41
60.05
+
3M
EXI-IBIT A
P..-3-~
PIlOJECT N:l. 65061 PNIOO. NO. , 1 JJ A
WiI"Miller-'~UN-
-.Iltt-. '....... '-..-. .~- ,~~
~,tICl
__~.... '...=_/lll.r~.........:'::=-. _ _ OQ/200J
Sop 211, 2DOJ - 111:03:01 IIlJolo1Uf\E1X:\SUR\NIIOI11\ISlod100.awv
....
Cl za tlO 100
GRAPHIC SCALE
I
200
COLLIER COUN7Y DEPARTMENT
OF TRANSPORT AnON
I PROJI:CT t.iO~
N6D1S-D05-000
SKETCH & DEsc~pnON
fll.L NO.'
2L-812
NOTES:
,. This is not 0 survey.
2. Basis of bearing is the West line of
County Rood 951 (C.R, 951) being S
02' 16'01" E, Florida State Plane
Coordinates NAO 83/90, East Zone.
3. Subject to easements, reservations
and restrictions or record.
4. Easements shown hereon ore per
plot, unless otherwise noted.
5. ROW represents Right-of-Way.
6. P.O.B. represents Point of Beginning.
7. P.O.C. represents Point of
Commencement.
8. O.R. represents Official Records.
9. L.B.E. represents Landscape Buffer
Easement.
10. U.E. represents Utility Easement.
CON PROPERTIES
O.R. BOOK 3004, PAGE 660
LEGAL DESCRIPTION
A portion of the North 1/2 of the
Northeast 1/4 of the Southeast 1/4 of
Section 34, Township 48 South, Range 26
East, and being 0 portion of those lands
described in O.R. Book 3004, page 660,
of the Official Records of Collier County,
Florida, being more particularly described
os follows:
Commencing at the East 1/4 Corner of
Section 34, Township 48 South, Range 26
East; thence N.89'51'33"W. along the
North line of the Southeast 1/4 of
Section 34, a Qistonce of 160.14 feet to
the POINT OF BEGINNING; thence
N.89'51'33"W. along said North line, a
distance of 540.48 feet; thence
5.02', 6'01" E.. 0 distance of 80.07 feet to
its intersection with 0 line lying 80.00
feet Southerly of when measured at right
angles to the North line of the Southeast
1/4 of Section 34; thence S.89'51',33"E.
along soid line, 0 distance of 540.48 feet
to its intersection with a line lying 160.00
feet Westerly of when measured at right
ongles to the East line of the Southeast
1/4 of Section 34; thence N.02'16'Ol"W.
olong said line. a distance of 80.07 feet
to the POINT OF BEGINNING.
Contoining 43238.25 square feet or
0.9926 acres, more or less.
.3 -q -01)
(DATE SIGNED)
NOT VALID WITHOUT THE SIGNATURE AND THE
ORGINAL RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER.
CERTIFICATE Of' AUTHORIZATION LB #43
PROJECT NO.:
65061 PAR<:t, NO. : 1 JJB
rr",.."".'~~--~
......... ~ "- su...,...,~- _~
_,Ine.
".,., Fot.,..,__ '"""
1IIIl_ln.,w,lI>> ...._Jl_,__ ""-.. ___...
"e' 24, 2004 - 13:06:44 1ollNoIU1lt1X:\SUR\NIlOI!l\lI!llodloo.d_o
c
951 (100' R,O.W,)
r :R 951
LINE
L1
L2
U
L4
L5
LINE TABLE
LENGTH
160.14
540.48
80.07
540.48
80.07
EXHIBIT ..L
"'--Lof~
0:1/2005
...J
CANAL-R.:.W. J
~
BEARING
N89'SI',33"W
N89'51'J3"W
S02'16'OI"E
589'51 '33"
N02'16'OI"W
r---
I
200
COLLIeR COUNTY DEPARTMeNT
OF' TRANSPORTATION
SKETCH & DESCRIPTION
PROJECT NO.'
N60/5-oo5-000
FilE NO.:
2L-812
J L1
NORTH LINE OF THE SOUTHEAST 1/4 r
N
I
I
- n \
3i a::
q I ~
a:: I ~
\ " u \
CON PROPERTIES 0
.... 10
'-' en
O.R. BOOK 3004, PAGE 660 .... a:
10
en cj I
r r a: I
U'l (".I ~
cj I
\ ~
\
\
\
LEGAL DESCRIPTION
A portion of the North 1/2 af the Northeast
1/4 of the Southeost 1/4 of Section 34,
Township 48 South, Ronge 26 East, and being
a portion of those lands described in O. R. 1
Book 3004, page 660, of the Official Records
of Collier County, Florida, being more
.~~~~~~~!~~~~~-~~~~~~~--------------------------- -----
Commencing ot the East 1/4 Corner of L 4
Section .34, Township 48 South, Range 26 NOTES:
East; thence N.89'51 '33"W. along the North
line of the Southeast 1/4 of Section 34, 0
distance of 160.14 feet; Thence S.02'16'OI" E.,
o distance of 80.07 feet to the POINT OF
BEGINNING: thence 5.02'16'01" E., 0 distance of
589..34 feet to its intersection with the South
line of the North 1/2 of the Northeast 1/4
of the Southeast 1/4 of Section 34; thence
N.89'50'22"W. along said Sauth line, 0 distance
of 5.00 feet: thence N.02'16'01"W., 0 distance
of 589.34 feet to its intersection with 0 line
lying 80.00 feet southerly of when measured
at right angles to the North line of the
Southeast 1/4 of Section 34; thence
S.89'51 '33"E. along soid line, 0 distance of
5.00 feet to the POINT OF BEGINNING.
Containing 2946.65 square feet or 0.0676
acres, more or less.
\
1.
This is not 0 survey.
2. Basis of bearing is the West line of County
Rood 951 (C.R. 951) being S 02'16'01" E, Florida
State Plane Coordinates NAO 83/90, East Zone.
3. Subject to easements, reservations and
restrictions or record.
4. Easements shown hereon ore per plot, unless
otherwise noted.
5.
6.
7.
8.
9.
10.
ROW represents Right - of -Woy.
P.O.B. represents Point of Beginning.
P.O.C. represents Point of Commencement.
O.R. represents Official Records.
L.B.E. represents Landscape Buffer Easement.
U.E. represents utility Easement.
DAVID J. HYAT . P.S~OR THE FIRM)
FLORIOA LiC. NO. 5834
]-1-0f
N
(DATE SIGNED)
NOT VALID WITHOUT THE SIGNATURE AND THE
ORGINAL RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER.
CERTIFICATE OF AUTHORIZATION LB 1/43
REVISED PER COUNTY COMMENTS 03/09/05
PROJECT 00.' 65061 PNlCtL NO. : 7 JJ
Wil"""rw,,~-
"'-- enp.-. E_ s..wyrn."",,,,-_ _~
WIIsonMIJIef. Inc.
_ Far..,..,___
J2lIIBailrLftSPll2l>> "'FiRilj(1auaT1.Pfr:IrI~ F.J;JU6.51" ~1IW.""""'.&Illl'II
EXHIBIT -6...
Pev-.-S:- of-S:..
lJ"I
o 25 ~ :00
GRAPHIC SCALE
COLLIER COUNTY DEPARTMENT
OF TRANSPORTATION
SKETCH & DESc~pnON
I,.., 24, 2004 - 13:05:" MU\MUREIX:\SUR\Naol~ll~l""00.dwt:l
fiLE NO.:
2L 812
PROJECT NO.:
N60IS-005-000
09/200J
\
..
200
Agenda Item No. 16B7
September 13,2005
Page 24 of 32
PROJECT: Collier Boulevard #65061
PARCEL No(s): 131,531,731 & 931
PURCHASE & EASEMENT AGREEMENT
THIS PURCHASE AGREEMENT (hereinafter referred to as the ftAgreement") is
made and entered into this _ day of , 2005, by and between
RICHARD D. CRAIG and FRANCES A. CRAIG, husband and wife, whose mailing
address is PO Box 899, Edwards, CO 81632-0899 (hereinafter referred to as "Owner"),
and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing
address is 3301 T amiami Trail East, Naples, Florida 34112 (hereinafter referred to as
"Purchaser"),
WHEREAS, Purchaser has requested that Owner convey to Purchaser a fee
simple interest for Right-of-Way required for the expansion of Collier Boulevard (Parcel
131); a 3-year Temporary Construction Easement (Parcel 731), a fee simple interest for
the construction of a Iimerock Parking Area (Parcel 931), and a Temporary Access
Easement (Parcel 531) for the construction of a driveway to access the Parking Area
(hereinafter collectively referred to as "Property") over, under, upon and across the lands
described in Exhibit "A" (attached hereto and made a part of this Agreement); and
WHEREAS, Owner desires to convey the Property to Purchaser for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the
Property,
NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars
($10.00), and other good and valuable consideration, the receipt and sufficiency of which
is hereby mutually acknowledged, It is agreed by and between the parties as follows:
1. All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below. and all Exhibits
referenced herein are made a part of this Agreement.
2. Owner shall convey the Property to Purchaser for the sum of: .
$168.794.90
subject to the apportionment and distribution of proceeds pursuant to paragraph
11 of this Agreement (said transaction hereinafter referred to as the ftClosing"),
Said payment to Owner, payable by County Warrant, shall be full compensation
for the Property conveyed, including all landscaping, trees, shrubs,
improvements, and fixtures located thereon, and for any damages resulting to
Owner's remaining lands, and for all other damages in connection with
conveyance of said Property to Purchaser, including all other expert witness fees
and costs, as provided for in Chapter 73, Florida Statutes, not addressed in this
agreement. Said payment has been calculated at the agreed upon unit price for
the land and the easements. Payment in the amount of $2,407,32 shall be paid
by Purchaser to Owner's attorney, Kenneth Jones, Esq., c/o Roetzel & Andress,
2320 First Street, Suite 1000, Fort Myers, FL 33901-3419. Payment in the
amount of $1,600,00 shall be paid by Purchaser to Owner's appraiser, Allied
Appraisers & Consultants, Inc" 1642 Medical Lane, Fort Myers, FL 33907-1192.
3, OWner shall convey a marketable title free of any liens, encumbrances,
exceptions, or qualifications except for restrictions, reservations, easements of
record and outstanding oil, gas and mineral interests of record, if any,
Marketable title shall be determined according to the applicable title standards
adopted by the Florida Bar and in accordance with law. Prior to the Closing,
Owner shall cause to be delivered to Purchaser the items specified herein and
the following documents and instruments duly executed and acknowledged, in
recordable form (hereinafter referred to as "Closing Documents"):
Purchase Agreement
Agenda Item Na 16B7
September 13, 2005
Page 25 of 32
Page 2
(a) Warranty Deed for Parcel 131;
(b) Temporary Access Easement for Parcel 531;
(c) Temporary Construction Easement for Parcel 731;
(d) Warranty Deed for Parcel 931 ;
(e) Closing Statement;
(f) Grantor's Non-Foreign, Taxpayer Identification and GAP Affidavit;
(g) W-9 Form; and
(h) Such evidence of authority and capacity of Owner and its representatives
to execute and deliver this agreement and all other documents required to
consummate this transaction, as reasonably determined by Purchaser,
Purchaser's counsel and/or title company.
4. Prior to Closing, Owner shall obtain from the holders of any liens encumbering
the Property, the execution of such instruments which will remove, subordinate
or release such encumbrances from the Property upon their recording in the
public records of Collier County, Florida. Owner shall provide such instruments,
properly executed, to Purchaser on or before the date of Closing. For
easements of record, Purchaser shall either take title subject to such easements
or obtain appropriate releases prior to Closing,
5, Both Owner and Purchaser agree that time is of the essence in regard to the
closing, and that therefore Closing shall occur within sixty (60) days from the
date of execution of this Agreement by the Purchaser; provided, however, that
Purchaser shall have the unilateral right to extend the term of this Agreement
pending receipt of such instruments, properly executed, which either remove or
release any and all such liens, encumbrances or qualifications affecting
Purchaser's enjoyment of the Property, At Closing, Purchaser shall deliver the
County Warrant to Owner and Owner shall deliver the Closing Oocuments to
Purchaser in a form acceptable to Purchaser.
6. Purchaser shall be entitled to full possession of the Property at Closing.
7. Owner is aware and understands that the "offer" to purchase represented by this
Agreement is subject to acceptance and approval by the Board of County
Commissioners of Collier County, Florida at the Board meeting on September
13. 2005. If this Agreement is not ratified and approved by the Board on or
before September 13, 2005, all obligations under this Agreement shall terminate
and be null and void.
8. Owner and Purchaser represent and warrant the following:
(a) Owner 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.
(b) Owner 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.
(c) Purchaser's acceptance of a deed to the said Property shall not be
deemed to be full performance and discharge of every agreement and
Purchase Agreement
Agenda Item No. 16B7
September 13, 2005
Page 26 of 32
Page 3
obligation on the part of Owner to be performed pursuant to the provisions
of this Agreement.
(d) No party or person other than Purchaser has any right or option to acquire
the Property or any portion thereof.
(e) Until the date fixed for Closing, so long as this Agreement remains in force
and effect, Owner 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. 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,
(f) There are no maintenance, construction, advertising, management,
leasing, employment. service or other contracts affecting the Property,
(g) Owner has no knowledge that there are any suits, actions or arbitration,
administrative or other proceedings or governmental investigations or
requirements, formal or informal, existing or pending or threatened which
affect the Property or which adversely affect Owner'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.
(h) Owner acknowledges and agrees that Purchaser is entering into this
Agreement based upon Owner's representations stated above and on the
understanding that Owner will not cause the 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, Owner
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 physical condition of the Property or the
governmental ordinances or laws governing same,
9. Owner represents that the Property and all uses'of the Property have been and
presently are in compliance with all Federal. State and Local environmental
laws; that no hazardous substances have been generated, stored, treated or
transferred on the Property except as specifically disclosed to the Purchaser,
that the Owner has no knowledge of any spill or environmental law violation on
any property contiguous to or in the vicinity of the Property to be sold to the
Purchaser. that the Owner has not received notice and otherwise has no
knowledge of a) any spill on the Property, b) any existing or threatened
environmental lien against the Property or c) any lawsuit, proceeding or
investigation regarding the generation, storage, treatment, spill or transfer of
hazardous substances on the Property. This provision shall survive Closing and
is not deemed satisfied by conveyance of title.
10, Owner shall indemnify, defend. save and hold harmless the Purchaser against
and from, and to reimburse the Purchaser with respect to, any and all damages,
claims, liabilities. laws, costs and expenses (including without limitation
reasonable paralegal and attorney fees and expenses whether in court, out of
court, in bankruptcy or administrative proceedings or on appeal), penalties or
fines incurred by or asserted against the Purchaser by reason or arising out of
the breach of Owner's representation under Section 9. This provision shall
survive Closing and is not deemed satisfied by conveyance of title,
11. Purchaser shall pay all fees to record any curative instruments required to clear
title, all Warranty Deed and easement recording fees, and any and all costs
and/or fees associated with securing and recording a Release or Subordination
Purchase Agreement
Agenda Item No. 16B7
September 13.2005
Page 27 of 32
Page 4
of any mortgage, lien or other encumbrance recorded against the Property;
provided, however, that any apportionment and distribution of the full
compensation amount in Paragraph 2 which may be required by any mortgagee,
lien-holder or other encumbrance-holder for the protection of its security interest
or as consideration for the execution of any release, subordination or
satisfaction, shall be the responsibility of the Owner, and shall be deducted on
the Closing Statement from the compensation payable to the Owner per
Paragraph 2. It is mutually understood that the Property is being acquired under
the threat of condemnation.
12, All ad valorem real estate taxes due on the Property during Owner's term of
possession. and all maintenance charges and assessments due from Owner, for
which a bill is rendered prior to closing, will be charged against Owner on the
closing statement. Ad valorem taxes next due and payable after closing on the
Property, shall be prorated at Closing based upon the current year's tax
applicable to the Property, with due allowance made for maximum allowable
discount, homestead and any other applicable exemptions, and paid by Owner,
If Closing occurs at a date when the current year's millage is not fixed, taxes will
be prorated based upon such prior year's millage. Owner shall pay 2005 ad
valorem taxes during the period of their ownership, as calculated upon the per
diem amount supplied by the Collier County Property Appraiser and Tax
Collector.
13. This Agreement and the terms and provisions hereof shall be effective as of the
date this Agreement is executed by both parties and shall inure to the benefit of
and be binding upon the parties hereto and their respective heirs, executors,
personal representatives, successors, successor trustees, and/or assignees,
whenever the context so requires or admits,
14. If the Owner holds the Property in the form of a partnership, limited partnership,
corporation, trust or any form of representative capacity whatsoever for others,
Owner shall make a written public disclosure, according to Chapter 286, Florida
Statutes, under oath, of the name and address of every person having a
beneficial interest in the Property before the Property held in such capacity is
conveyed to Purchaser, its successors and assigns. (If the corporation is
registered with the Federal Securities Exchange Commission or registered
pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general
public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.)
15. Conveyance of the Property by Owner is contingent upon no other provisions,
conditions, or premises other than those stated herein, and in the Agreement for
Replacement of Access and Parking between Collier County, AT&T and Owner;
and this written Agreement, including all exhibits attached hereto, and the
aforesaid Agreement for Replacement of Access and Parking, shall together
constitute the entire Agreement and understanding of the parties hereto, and
there are no other prior or contemporaneous written or oral agreements,
undertakings, promises, warranties, or covenants not contained herein. No
modification or amendment of this Agreement shall be of any force of effect
unless made in writing and executed and dated by both Owner and Purchaser.
Time is of the essence of this Agreement.
16, Should any part of this Agreement be found to be invalid, then such invalid part
shall be severed from this Agreement, and the remaining provisions of this
Agreement shall continue in full force and effect, and shall not be affected by
such invalidity.
17. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
Purchase Agreement
Agenda Item No, 1687
September 1 3, 2005
Page 28 of 32
Page 5
IN WITNESS WHEREOF. the parties hereto have executed this Agreement on
this _ day of , 2005,
Property acquisition approved by BCC pursuant to Resolution No. 2003-372. dated
10/28/03. Item 16B5,
AS TO PURCHASER:
DATED:
ATTEST:
DWIGHT E. BROCK. Clerk
, Deputy Clerk
AS TO OWNER:
DATED: ~..,.,.,cl. \.,. o:u:oS-
~~dLo{ ~I.!~
nass (Signature)
IlmtJV' :t I 1Vf1'Jkf/"'i
Name (print or Type)
Approved as to form and
legal sufficiency:
I.lL t:J ~~
'Ellen T. Chadwell
Assistant County Attomey
...
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
Fred W, Coyle, Chairman
~ LJ /,'
-' '4't.r>.Pd/ /1 y;O-c A:(
FRANCES A. CRAIG. _J
R7
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vi
September 13,2005
\t'!.:~~'.9.1.]..r~~age 29 tf 32
L '00.09' \
~J~ I P.O.C. \
P.O.B.
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----------------------------------------------
PIlOoIECT 110. 85061 ......cn. NO. , 1 J 1
Wil.Miller-'~UU-
- ......'........'---,~-,~-
......... tic
-Mru...... '1ilIIal="~_~'=""" ___ 09/200.1
s'P 23, 2003 - lCkl1e,41 t.lw.<UR~IX:\Ii\lft\NeolD\IDlod'OO.dll9
RICHARD D. AND FRANCIS A. CRAIG
O.R. BOOK 2107. PAGE \174
LEGAL DESCRIPTION
A portion of the South 1/2 of the South 1/2
of the Northea.t 1/4 of the Southeast 1/4 of
Section 34. Townlhlp 48 South, Range 26
East, and being 0 portion of lho.e land.
dncribed In O.R. Book 2107, Page 1174, of
the Official Records of Collier County, FlorIda,
being more portlcuiarly deeorlbed o. follows:
Commencing at the Eo.t 1/4 corner of
Section 34, Tawnship 48 South. Range 26
East; thence N.89'51'33"W, along the North
IIns of the Southeast 1/4 of sold Section 34,
a dilltance of 10D.09 feet to its lnteraectlon
with the Westerly right-of-way IIns af County
.Rood 951 (Collier Boulevard): thence
S.02'16'01"E. along sold right-of-way Ilne, a
distance of 1,004.15 feet to the POINT OF
BEGINNING; thence continue S.02'16'01"E. aiong
sold line. 0 dlstance of 334.72 feet to Its
inter..ctlon with the South line of the South
1/2 of the South 1/2 of the Northeast 1/4
of the Southeast 1/4 of eald Sectlon 34.
thence N.69'49'11"W. along .01d South line, 0
distance of 64.06 feet; thence N.02'16'01OW"
o dlltonce of 334.71 feet to Its lntersectlon
with the North line of the South 1/2 of the
Soutl1 1/2 of the Northeast 1/4 of the
Southeaet 1/4 of eold Sectlon 34; thence
5.89'49' 47"E, along sold North line, 0 dIstance
of 64.06 feet to the POINT OF BEGINNING.
Containing 21,422.33 .quare feet or 0.4916
acre., more or len.
ry -;q ~Ci}
'(DATE SIGNED)
NOT VAUD WITHOUT T~e: SIGNATURE ANO THE
ORGINAL RAlSED SEAL"OF A FlORIDA UCENSED
SURVEYOR AN~ 'MAPPER.
CERTIFICATE OF AtlTHORIZATION LB *43
b
o
....
'-'
~ I a; \
~~
1
I
\
I
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LINE
L1611
L170
NOTES:
1. This is not a survsy.
2. Balli. of bearing Ie the West line of County
Rood 951 (C.R. 951) bslng S 02'16'01" E, florida
State Plane Coordlnotes NAn 83/90, East Zone.
3. Subject to eoaements, reservation. and
restriction. or record,
4. Ea.ements .hown hereon are per plat, unless
otherwl.e noted.
5. ROW represents Right-of-Way.
6. P.O.B. represent. Point of Beginning.
7. P.C.C. represents Point of Commencement.
8. O.R. repre.enta Official Records.
9. LB.E. reprBllents Londllcape Buffer Eoeement.
10. U.E. representl Util1ty Eoaement.
EXHIBIT ..A-
page...L. 01_ y.-
w-
I
D ID 1llO
GRAPHIC SCALE
~-
o
I
100
COWER COUNTY DEPARTMENT
OF TRANSPORTATION
SKETCH &: DESCRIPTION
p.lWJrCT NO.l
N607!J-OO!J-OOD
Fll.C NO.1
2L-812
September 13, 2005
\ Page 30 of 31
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3;
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5~~
RICHARD D. AND f:RANCIS A. CRAIG
O.R. BOOK 2107, PAGE 1174
LEGAL DESCRIPTION
A portion of the South 1/2 of the South 1/2 of
the Northeast 1/4 of the Southeast 1/4 of Section
34, Township 48 South, Range 26 East. and being 0
portion of those lands described in O.R. Book 2107,
Page 1174, of the Official Records of Collier County,
Florida, being more particularly described os follows:
Commencing the Southeast corner of the Northeast
quarter of the Southeost Quarter of said Section 34;
Thence North 89'49'11" West along south line of the
northeast quarter of the southeast quarter of said
Section 34 0 distance of 100.09 feet to its
intersection with the Westerly right -of-way line of
County Rood 951 (COllier Boulevard) thence continue
along said south line North 89'49'''" West 135.13
feet to the POINT OF BEGINNING: thence North
89'49'11" West, 0 distance of 16.00 feet; thence
North 00'10'49" East, 0 distance of 40.00 feet;
thence North 38'00'50" East, 0 distonce of 18.99
feet to its intersection with 0 line lying 55,00 feet
North of os measured at right angles to the South
line of the northeast quarter of the southeast
quarter of said Section 34; thence South B9'49'11"
East, along said line 0 distance of 30.03 feet;
thence South 02' 16'0 I" East, 0 distance of 16.01
feet; thence North 89'49' 11" West, a distonce of
15.01 feet; thence South 41'17'45" West, 0 distance
of 17.26 feet; thence South OCT 1 0'49" West, 0
distance of 26.00 feet to the POINT OF BEGINNING.
LINE
L 1
L
L3
L4
L5
L6
L7
L8
LINE TABLE
LENGTH
16.00
40.00
18.99
30.03
16.01
15.Q1
17.26
26.00
EXHIBIT .JL
Page..2- of~
NOTES:
1. This is not 0 survey.
2. Basis of bearing is the West line of County
Rood 951 (C.R. 951) being S 02'16'01" E, Florida
State Plane Coordinates NAD 83/90, East Zone.
3. Subject to easements, reservations and
restrictions or record.
Containing 1,282.68 square feet or 0.0294 acres,
more or less.
Subject to.o.'men~ and restrictions of record.
(,
4. Easements shown hereon are per plat, unless
otherwise noted,
5. ROW represents Right-of-Way.
6. P.O.B. represents Point of Beginning.
7. P.O.C. represents Point of Commencement.
8. O.R. represents Official Records.
9. L.B,E. represents Landscape Buffer Easement.
1 D. U.E. represents Utility Easement.
DAVID J. YA "j'.S. R THE FIRM)
FLORIDA LIC ,y~ 58~ ~ I
r.> h ..;,.', ~;.
:" 4" I
NOT VALID:wrrj-iQUr 1'j.IESIGNATURE AND THE
ORGINAL RAlS~()' 19tA.L. OF A FLORIDA LICENSED
SURVEYOR ANO"'MAPPER.
CERTIFICATE OF AUTHORIZATION LB *43
N
I
....
I'tIOIECT NO.: 65051 IWlCD. NO. : 531
W,.."",_.~w-
,..... ~ faIIaPoIoo ,.".,...,~- ---.~
~.Inc.
.......... ....=;=.....~:n ____ 08/2005
COWER COUNTY DEPARTAIENT
OF TRANSPORTATJON
SKf:TCH Ie DESCRIPTION
I'llOJtcT NO.'
N6015-005-000
nLE NO.:
2L-812
RICHARD D. AND FRANCIS A. CRAIG
O.R. BOOK 2107, PAGE' 174
LEGAL DESCRIPTION
A portion of the South 1/2 of the South 1/2 of the
Northeast 1/4 of the Southeast 1/4 of Section 34,
Township 48 South, Range 26 East, and being 0
portion of those lands described in O.R. Book 2107,
Page 1\74, of the Official Records of COllier County,
Florida, being more particularly described os fOllOws:
Commencing at the East 1/4 corner of Section 34.
Township 48 South. Range 26 East: thence
N.89'51'33"W. along the North line of the South 1/4
of soid Section 34, 0 distance of 100.09 feet to its
intersection with the Westerly right-Of-way line of
County Rood 951 (Collier Boulevard); thence
S.02'16'OI"E. along said right-Of-way line, 0
distance of 1,004.15 feet to its intersection with the
North line of South 1/2 of the South 1/2 of the
Northeast 1/4 of the Southeast 1/4 of soid Section
34; thence N.89"49'4 r W. olong said North line, 0
distance of 64.06 feet to the POINT OF BEGINNING;
thence S.02'1'6'Ol" E., 0 distance of 279.66 feet to
its intersection with 0 line lying 55.00 feet North of
os measured at right angles to the South line of the
northeast quarter of the southeast quarter of said
Section 34; thence N.89'49'll"W., along soid line 0
distance of 5.00 feet; thence N.02'16'0 '"W., 0
distance of 279.66 feet to its intersection with the
North line of the South 1/2 of the South 1/2 of
the Northeast 1/4 of the Southeast 1/4 of Section
34: thence S.89' 49' 4 r E. along said North line, 0
distance of 5.00 feet to the POINT OF BEGINNING.
Containing 1398.49 square feet or 0.0321 acres,
more or less.
THE FIRM)
_..r ,;
NOT VALID..)IIITHO~T {HE SIGNATURE AND THE
ORGINAL RAISf;OC .SEAL OF A FLORIDA LICENSED
SURVEYOR AND' MAPPER.
CERTIFICATE OF AUTHORIZATION LB #43
UPDATED PER DESIGN CHANGE 08/02/05
REVISED PER COUNTY COMMENTS 03/07/05
REVISED PER COUNTY COMMENTS 03/04/05
PftWtCT HO.: 65061 PNlCt\. NO. I 7 J 1
vr".".,IIii-"~~'-
-. ~ E"'*'r/ID lUw)m'~- _Cl>lIIAIna
WIIsonM1Her. Inc.
_FGf",__""
..8IIIrLn....... ,..,RlIIMf~,l'J5.IfJlT.,..~ ~.1>>MU1Tf .,..,.1Ift...........
~ ~ ~-"~f~~6~~-
-.- l
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o .- 1
vi 1
1 5
Ll
I
ember 13. 200~
Page 31 af 3 \
P.O.C.
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L173
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LINE TABLE
LINE LENGTH
L 171 64.06
L 172 279.66
L173 5.00
L 174 279.66
U 75 5.00
NOTES:
1. This is not a survey.
2. Basis of bearing is the West line of County
Road 951 (C.R. 951) being S 02'16'01" E. Florida
State Plane Coordinates NAO 83/90, East Zone.
3. Subject to easements, reservations and
restrictions or record.
4. Easements shown hereon ore per plot, unless
otherwise noted.
5. ROW represents Right-of-Way.
6. P.O.B. represents Point of Beginning.
7. P.O.C. represents Point of Commencement.
8. O.R. represents Official Records.
9. L.B.E. represents Landscape Buffer Easement.
10. U.E. represents Utility Easement.
EXHIBIT ..lL
P...3- of....=L
N
....
o ~!lO 100
GRAPHIC SCALE
I
200
COLLI~R COUNTY D~PARTM~NT
OF TRANSPORTATION
SKrrCH cl DESCRIPTION
OJ/ZOOS
PRO.If:CI NO.:
NBO t5-00S-()(JO
rll.! NO.:
2L -812
Se1tember 13, 200~
Page 32 of 3 \
h h \
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RICHARD D. AND FRANCIS A. CRAIG 0 -
- If)
O.R. BOOK 2107, PAGE 1174 '-' 0'1
LEGAL DESCRIPTION
A portion of the South 1/2 of the South 1/2 of the
Northeaet 1/4 of the Southeast 1/4 of Section 34,
Township 48 South, Range 26 East, and being a
portion of those lands described in O.R, Book 2107,
Page 1174, of the Official Records of Collier Count)',
Florida, being more particularly described as follows:
Commencing the Southeast corner of the Northeost
quorter of the Southeast Quorter af said Section 34
Thence North 89'49'11" West along south line of the
northeast quarter of the southeast quorter of said
Section 34 0 distonce of 100.09 feet to its
interaection with the WlISterly right-of-way line of
County Rood 951 (Collier Boulevard) thence continue
olong said south line North 89'49'11. West 64.06
feet: Thence North 02' 16'0 I" West, 0 distance of
25.02 feet to the POINT OF BEGINNING; thence North
89' 49'11" West, 0 distance of 5.00 feet; thence South
02'16'01" East, a distance of 20.02 feet; thence
North 89'49'11. West, 0 distance of 38.04 feet;
thence North 02' 16'01" West, a distance of 50.0S
feet to its intersection with 0 line lying 55.00 feet
North of as measured at right angles to the South
line of the northeast quorter af the soutneast quarter
of said Section 34: thence South 89'49'11" East,
along said line a distance of 43.04 feet; thence
Soutn 02' 16'01" East, 0 distance or 30.03 feet to
the POINT OF BEGINNING.
, '".''' ,. I
Contoinirltl.,tI,6S1,e'7 square feet or 0.0471 acres,
more -or less.
~c't.: ;;p.~~me,_ Is ~~nd restrictions of record.
Ci-Jl'" ,~ ~J,
DAVID. J: F'IRM)
FLORIDA
ti I ,n t'
NOT VALlO' Wm:tOUT THE SIGNATURE ANO THE
ORGINAL RAISED .._~EAL OF A FLORIDA UCENSED
SURVEYOR AND MAPPER.
CERTIFICATE OF AUTHORIZATION LB #43
UPDATED PER COUNTY COMMENTS 08/04/05
UPDATED PER DESIGN CHANGES 08/02/05
UPDATED PER COUNTY COMMENTS 03/07/05
UPDATED PARCEL NUMBER 01/05
I'ftMCT NIl., "061 - NO. , PJ1
W''''lei-'~-
- ep... ~ ....,...,~- ~-
WIIarMIr, Inc.
.. ""...,- ,- """
___....lIlI..._M_'__ ForDH/U1lf ----
r
lJl
I a:;
u
t~~
If)
0'1
100.09'
164.15'
I
~.
LINE TABLE
LINE LENGTH
L 1 25.02
1.2 5.00
1.3 20.02
1.4 38.04
L5 50.05
L6 43.04
L7 30.03
NOTES:
1. This is not 0 survey.
2. BOBis of bearino is the West line of Count)'
Road 951 (C.R. 951) being S 02'16'0'" E, Florida
State Plane Coordinates NAO 83/90, East Zone.
3. Subject to easements, reservations and
restrictions or record.
4. EaIBmentB Bhown hereon ore per plot. unless
otherwise noted.
5. ROW represents Right-of-Way.
6. P .O.B. represents Point of Beginning.
7. P.O,C. reprellents Point of Commencement,
8, O.R. represents Official Recordll.
9. L.B.E. represents Landscape Buffer Easement.
, O. U.E. represents Utility Easement.
EXHIBIT~
Page...:L- or...=i-
N
I
10 \00
GRAPHIC SCALE
I
200
'.-
o Zl\
COW(R COUNTY DEPART'AAENT
OF T1WISPOffTATTON
SKETCH cI: DESCRIPTION
09/200J
l'llO.II:CT NO.'
N5or,-oo,-000
mE NIl.,
2L-812
Agenda Item No. 1668
September 13, 2005
Page 1 of 14
EXECUTIVE SUMMARY
Recommendation to approve the Agreement for Haldeman Creek Disposal with Lakeview
Drive of Naples, LCC, a Florida Limited Company.
OBJECTIVE: To obtain Board of County Commissioners (BCe) approval of the Agreement
for Haldeman Creek Disposal, with Lakeview Drive of Naples, LCC, a Florida Limited Liability
Company,
CONSIDERA TIONS: The original Agreement for Haldeman Creek Disposal, with Lakeview
Drive of Naples, LCC, has expired due to the inability to obtain the regulatory permits within the
designated time frame, The selection of a disposal site is important to the viability of the
Haldeman Creek project. Considerations in selecting disposal sites include environmental
impacts, pollutant potential, sediment contamination, and disposal site capacity, A developer
(Antaramian Development Corporation) that has property adjacent to the Creek approached the
County regarding the use of some of the dredge material. The location of the potential site lies
south of the main channel and offers several acres of land for disposal, An Environmental
Impact Statement has already been issued for the site,
FISCAL IMPACT: No fiscal impact associated with this executive summary.
- GROWTH MANAGEMENT IMP ACT: There is no growth management impact associated
with this executive summary,
RECOMMENDATION: Approve the agreement for Haldeman Creek Disposal with Lakeview
Drive of Naples, LCC, substantially the form attached to the executive summary and authorize
the Chairman to sign for the Board,
Prepared By: Margaret Bishop, Project Manager, Transportation Services Division, Stormwater
Management Department
Attachments: (1) Executive Summary, (2) Approval Sheet, (3) Project Location Map, (4)
Agreement, (5) Exhibit A, (6) Exhibit B
-
Agenda Item No 1688
September 13,2005
Page 2: of 14
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Meeting D...:
1688
Recommttndfttloll to approve thr. Agreement lor HalgfilOlan Cruk OjspOlial with Lakfilview
OriV'e 01 Naples, Lee, a Florida Uml1.ed Compi:lllY,
911J1200~ 9:00:00 AM
lurn Number:
ItlfT18umtnllry:
Approvtd By
Joaoph K, Schmitt Community Ofl',:~lopmont & C...
Environmental Service. Adminatratar
Community Development & Community Oov*lopmem &
Envlranmtllr'ltal Sctrvlc:ee Environmontlll SC!trvi~' Admin. 8/18120058:57 PM
Approved By
Norm E. Feder. AICP Transportation OI...lslon Administrator 0...
1 rtllnaportltlon Services Transportation Services Admin. 81191200511 :10 AM
Approved By
8haron N.wman Aooountlng Supervisor C...
TranaportGlion Sttrvicu Tr.naportlltion Admlnl.tratlon 812212005 3:34 PM
Apprnved By
Gerllld Kurtz Senior Engineer Cn..
Transportation Servlcos Stormwater Managflml'lInt 6/2212005 4:03 PM
Approved B"
HeidI F. Aehton As,latant County Attorney C'"
County Attorney County Ahomey orrlce 8124120054:58 PM
Approved By
PlIllt Lehnhard EXl!Icut.lYe S4x::re1l1ry Oolite
Transportatlon Servjee. lranaportation Sorvlc.. Admln 8/2512005 8:57 AM
AI)prond By
OMB Coordinator Administrative Auistant 0...
County Manager's onico Otnoo of Mam.ogoment & BUdget 812912005 g:26 AM
Approved B)-'
Suun Ushor knior ManllgertllDntlBudgf1t Analyst Cal.
County MalUliu"r's Oftlc. Offloe of Management & BUdget 813012005 t: 34 PM
A pproved B)'
Mlch_1 Smykomkl Manngement & Budget DIrector 0...
County Mal'Wlger'1J On-Ice OtftOtl of Management & Budget aI3'1/2OO$ 10:53 AM
AIJpro\'ed By
JllnW$ V. Mudd County MIllager C'"
Board of County County Mtlnager's OfficiO
Commi..joner. 5f31f2005 bH PM
COLLIER COUNTY
BO..~J) OF COTJNTI? C01\i1\fiSSIONERS
PROJECTNo.510112
K.\.LDE]\'L-\N (~REE,K DREDGING
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Agenda Item No. 16B8
September 13, 2005
Page 3 of 14
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BARR ETi AVE
LUNARST
JEEPERS DR
BOTANICAL PLACE CIR
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PROPOSED BY:COLLJER COUNTY BOARD OF COUNTY CO~<I.I1vIISSIONERS
TR.AN'SPORTATION SERVICES DnrrSION
STORl\1:'WATER l,,VI,-NAGE~'{IENT DEPARTMENT
2885 SOUTH HORSESHOEDRIVE, Nl..PLES, FLORIDA 34104
PHONE: 239-774-8192, FPX:239-659-5790
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PROJECT MAl;rAGER: MJl..RGARET BISHOP
DATE: l\IIARCH. 2005
GU'ILFORD RD
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Agenda Item No. 1688
September 13, 2005
REV 8~~of14
AMENDED AND REST A TED AGREEMENT
FOR HALDEMAN CREEK DISPOSAL
THIS AMENDED AND RESTATED AGREEMENT FOR HALDEMAN CREEK
DISPOSAL ("Agreement") is made and entered into this _ day of
, 2005,
by and between COll..IER COUNTY, a political subdivision of the State of Florida, hereinafter
referred to as "County," and LAKEVIEW DRIVE OF NAPLES, LLC, a Florida Limited
Liability Company, hereinafter referred to as "Lake view ,"
RECITALS:
WHEREAS, the County desires to perform maintenance dredging to improve navigation
and increase stormwater conveyance capacity in portions of Haldeman Creek, as described in
the County's dredge plan attached hereto as Exhibit A ("the Dredge Project"); and
WHEREAS, the County has determined that the Dredge Project is feasible; and
WHEREAS, the County, as part of its permitting of the Dredge Project, needs a disposal
site to place the sand and materials that are removed from Haldeman Creek ("the Spoil"); and
WHEREAS, Lakeview owns an undeveloped 17 -acre site ("the Propelty"), part of which
(approximately 3 acres) is comprised of submerged bottom lands of Haldeman Creek and the
remainder of which (approximately 14 acres) is uplands adjacent to Haldeman Creek; and
WHEREAS, the County will realize a considerable cost savings to the Dredge Project if
the 14-acre upland pOltion of the Property is utilized as a temporary disposal site for the Spoil;
and
WHEREAS, Lakeview intends to develop the 14-acre upland portion of the Property with
a total of 51 dwelling units (with associated dock slips), as illustrated by the Site Development
Plan (SDP-AR-4596) submitted to the County by Lakeview; and
1
Agenda Item No. 1688
~Q1hl.WJ;3, 2005
~~of14
WHEREAS, Lakeview has agreed to the County's use of the 14-acre upland portion (the
"Disposal Site") of its Property for the Dredge Project for a period of no more than 17 months,
subject to the terms of this Agreement and the County's Disposal Site Plan attached hereto as
Exhibit B; and
WHEREAS, the parties do not intend that this Agreement convey any easement or other
property interest in Lakeview's Property; rather, the parties intend that this Agreement convey a
temporary irrevocable license, personal to the County, to use the Disposal Site in accordance
with the terms of this Agreement; and
WHEREAS, the parties entered into the original Agreement for Haldeman Creek
Disposal on or about July 27, 2004, and desire to amend and restate said agreement in
accordance with the provisions set forth herein,
NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS CONTAINED
HEREIN, THE PARTIES AGREE AS FOLLOWS:
1. RECITALS. The above recitals are true and correct and incorporated herein,
2, CONDITIONS OF AGREEMENT.
a, Before placing any Spoil on the Disposal Site, the County shall obtain all
permits required for the Dredge Project from the responsible state and federal agencies, and be
solely responsible for any mitigation required by said permits, The County shall comply with all
conditions placed on the issued permits, Lakeview agrees to cooperate with the County in its
efforts to obtain the required permits.
b, Lakeview agrees that the County may place the Spoil from the Dredge
Project on the Disposal Site, in accordance with the terms of this Agreement and the County's
Disposal Site Plan attached hereto as Exhibit B, for a period of no more than 17 months,
beginning on August 1, 2005 and ending on January 1,2007,
2
Agenda Item No. 16B8
Se..Qtember 13, 2005
REV 8~5 of 14
c, Under no circumstances shall the County be permitted to place Spoil from
the Dredge Project on the Disposal Site after January 1,2007.
d, Lakeview's agreement to allow the County to use the Disposal Site for the
placement of Spoil from the Dredge Project is predicated upon Lakeview's currently proposed
site plan for the Property. Accordingly, the County may not use the Disposal Site for the
placement of Spoil until the County conditionally approves SDP-AR-4596, subject to Lakeview's
obtaining State and federal agency permits, The term "conditionally approves" shall mean
approval is subject to owner obtaining all required permits from other governmental agencies
and it does not mean that the County will impose additional conditions related to County-
promulgated regulations,
e, Upon execution of this Agreement, Lakeview agrees to provide any letters
or documentation requested by the Florida Department of Environmental Protection and federal
reviewing agencies to allow the County to obtain its permits for the Dredge Project,
3, DENSITY CONFIRMATION, The County acknowledges that Lakeview enters
into this Agreement in reliance upon the County's confirmation that the Property is eligible for
51 dwelling units,
4, REMOV AL AND PURCHASE OF SPOIL, Subject to Lakeview's option to
purchase set forth herein, the County agrees to remove all Spoil from the Disposal Site and any
contaminants placed on the Disposal Site pursuant to the Dredge Project, at its own cost, on or
before February 1,2007, Lakeview shall have the option, at its sole discretion, to purchase up to
35,000 cubic yards of the Spoil from the County, If Lakeview exercises its option to purchase,
the County agrees to leave the requested amount of Spoil on the Disposal Site in locations
specified by Lakeview, and/or deliver the requested amount of the Spoil to 1722 Tamiami Trail
East, Naples, Florida 34112, Lakeview shall pay a severance fee of $2,25 per cubic yard to the
3
Agenda Item No. 1688
~~tember 13, 2005
REV 8~65 of 14
County for any Spoil left at the Disposal Site or delivered to 1722 Tamiami Trail East at
Lakeview's request. Said severance fee shall be paid within 30 days of delivery of the Spoil.
5, FINAL CONDITION OF DISPOSAL SITE, By February 1, 2007, the County
shall ensure that the final condition of the Disposal Site meets the following criteria:
a, all Spoil has been removed from the Disposal Site (unless Lakeview has
directed to leave certain amounts of the Spoil on the Disposal Site pursuant to Paragraph 4);
b, any contaminants placed on the Disposal Site pursuant to the Dredge
Project are removed from the Disposal Site;
c, based on appropriate laboratory soil sample analysis performed by the
County's contractor for the Dredge Project, the highest detected concentration of constituents on
the Disposal Site are below all applicable criteria for soils including Direct Exposure and
Leachability based on Soils or Groundwater Criteria provided in Florida Administrative Code
Rule 62-777, The detected concentrations if any, of selected parameters and applicable soil
cleanup criteria in FAC 62-777 must demonstrate that these sediments will not create a
regulatory or human health concern; and
d, no liens related to the Dredge Project have been placed on the Property,
If the County fails to comply with the provisions of this Paragraph 5 by the deadline imposed,
Lakeview shall notify the County in writing and the County shall have an additional sixty (60)
days from receipt of the notice to comply with the provisions of this Paragraph 5, If the County
then fails to comply within the 60-day period, then Lakeview shall have the right to bring the
Disposal Site into compliance and the County shall be responsible for all costs and expenses for
doing so,
6,
DREDGE PROJECT COSTS,
The County shall be responsible for all
Dredge Project costs, including permit costs, mitigation expenses and severance fees (except any
4
Agenda Item No. 1688
SeJ?tember 13, 2005
REV 8~Sof 14
severance fees owed by Lakeview to the County pursuant to Paragraph 4) resulting from the
Dredge Project.
7,
MONITORING,
Initial testing/sampling by the County's consultant(s) has
revealed contamination, including the presence of copper, in the water and submerged bottom
lands of Haldeman Creek. The County shall prepare a test plan to monitor the Spoil, water and
Disposal Site for contaminants, including copper, The test plan shall be submitted to Lakeview
for its approval prior to the County's use of the Disposal Site. The County shall implement the
approved test plan for the areas of known contamination throughout the duration of this
Agreement and shall issue weekly reports of the test plan results to Lakeview while work is
performed in the areas of known contamination, Final test results shall be submitted to
Lakeview on or before February 28, 2007, The County shall be responsible for all clean-up
costs, fines and penalties associated with the placement on, and removal of, any contaminants
placed on the Disposal Site pursuant to the Dredge Project.
This Agreement shall automatically terminate at the earlier
8,
TERMINATION,
of (a) February 1,2007; or (b) when the provisions of Paragraph 5 have been satisfied,
9, PROJECT FUNDING. The County retains the right to create a municipal taxing
district or other source to fund the Dredge Project.
10,
INDEMNIFICATION,
To the extent permitted by law, the County shall
indemnify and hold harmless Lakeview and its successors and assigns for any and all damages or
liabilities incurred by Lakeview and caused by the Dredge Project, including, but not limited to,
damages or liabilities arising from (a) non-compliance with the permits issued for the Dredge
Project, (b) the placement of liens on the Property pursuant to the Dredge Project, (c) the
placement of contaminated or hazardous Spoil on the Disposal Site pursuant to the Dredge
Project, and (d) third party injuries related to the Dredge Project.
5
Agenda Item No. 1688
September 13, 2005
REV 8,FWej of 14
11. MISCELLANEOUS PROVISIONS,
a, Any and all notices, designations, consents, offers, acceptances, or other
communications provided for herein shall be delivered to Lakeview, attention: Jack Antaramian,
Antaramian Development Corporation, 365 Fifth Avenue South, Suite 201, Naples, Florida
34102; and to George L. Varnadoe, Esq" 821 Fifth Avenue South, Suite 201, Naples, Florida
34102,
b, Any and all notices, designations, consents, offers, acceptances, or other
communications provided for herein shall be delivered to the County, attention: County
Manager, Collier County Government Complex, 3301 Tamiami Trail East, Naples, FL 34112,
c, This writing embodies the entire agreement and understanding between
the parties, No other agreements or understandings, oral or written, exist between the parties,
No alteration, change or modification to the terms of this Agreement shall have any force or
effect unless made in writing and signed by the parties hereto, This Agreement shall be
governed and construed in accordance with the laws of the State of Florida, This Agreement
may be executed in each of several copies, each of which may be considered an original.
d. Lakeview may not sell, transfer, or assign this Agreement, or any part
hereof, without the written consent of the County, which consent shall not be unreasonably
withheld,
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the
day and year aforesaid in counterparts, each counterpart to be considered an original.
DATED:
ATTEST:
DWIGHT E, BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk
FRED W, COYLE, Chairman
6
Approved as to form and
legal sufficiency:
Heidi F, Ashton
Assistant County Attorney
WITNESSES:
(1)
signature
PrintedlTyped Name
(2)
signature
Printedffyped Name
7
Agenda Item No. 16B8
~Emtember 13, 2005
REV it~Qt of 14
LAKEVIEW DRIVE OF NAPLES, LLC
By:
, Managing Member
Agendlm No. 168 8
Sept er1~~O~
,:al:le 1~f U E
Haldeman Creek Restoration Proj ect
Project Description
Exhibit A
Haldeman Creek located in Collier County, Florida, serves as an important stormwater
conveyance system and a navigable channel for boater access to the Gulf of Mexico
(FigureD. Records indicate that. the Creek was originally natural, and through'
development was altered, Modifications to the area include establishing "finger" canals
to support residential boat access and alterations to the alignment of the Creek for
stormwater improvements,
Residents in the area of Haldeman Creek. representing mainly waterfront property
owners, requested the County to initiate a feasibility study to investigate maintenance
dredging of the existing waterway, Increased development and use of the waterway for
boating, maintenance dredging has become necessary to ensure proper navigation,
Sediment shoaling caused by sedimentation raises the risk of damage to boats and
decreases the function of the waterway,
With increased development comes the need for flood control. The Creek also serves as
an important role for conveyance of stormwater in th~ area, The County and South
Florida Water Management District have implemented improvements to the Creek for
flood control.' This activity has resulted in an emphasis on the Creek regarding
maintenance of the waterways,
Over time sediments have built.up in the waterway and the accumulation in the Creek
and in the canal systems has reached a level that requires maintenance, Natural processes
are unable, to flush out the material, Haldeman Creek has experienced rapid development
over the past several decades, Development occurred first on the main stem of the Creek
and then to the adjacent canals. Development along the main stem .of the Creek is a
I o/- 3
Agenda Item No. 1688
sePrtember13,2005
~ge 1"0 E
mixture of commercial and residential. Development along the adjacent finger canals is
primarily residential with a few commerciai properties interspersed. .
Figure 1.
Haldeman Creek Restoration l>>roject Location Maps..
1- o.~ 3
Agenda Item No. 16B8
sePte,r 13, 2005
-e13rO,
The project includes dredging to :a depth of -5,0 ML W and -2 ML W east and west of
.
. .
Bayshore Drive, respectively, Design bottom widths of 40 feet and 20 feet for the main
channel and finger canals, respectively. A total volume of approximately 40.000 yd3 will
be removed.
The project will involve a combination of hydraulic and mechanical dredging, The
sediment will be placed on the disposal site for dewatering, stockpilin,g and transport to
the County Landfill, Approximately 10,000 yd3 of clean dredge sediment will.remain 00-
site for use by the property owner.
The County has submitted permit applications with the United States Army Corps of
Engineers (USACE), the Florida Department of Environmental Protection (FDEP) and
Collier County, Permits are expected the Fall 2004 and construction is anticipated to
begin winter 2004,
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Agenda Item No. 16B9
September 13, 2005
Page 1 of 33
EXECUTIVE SUMMARY
Recommendation to approve three Drainage Easement and Maintenance Agreements
between Roberto BoUt, Trustee, Valencia Lakes at Orangetree Homeowner's Association,
Inc., and Collier County, for the purpose of assigning maintenance responsibilities among
the parties.
OBJECTIVE: To receive the Board of County Commissioner's approval of three Drainage Easement
and Maintenance Agreements within the Valencia Lakes section of the Orangetree development which
are located outside of the platted areas, and which are required by the SDP in order to be in compliance
with the overall plan for the water management system for the community, and to ensure that the system
will function properly,
CONSIDERATIONS: Valencia Lakes is a community within the Orangetree PUD that is currently
under development, in phases, by Beazer Homes. These three easements presented are a necessary
portion of the stormwater retention and drainage plan as they relate not only to Valencia Lakes but as they
interconnect with the overall outfall for the larger Orangetree Development.
Exhibit "A" illustrates the easement to be acquired within Phase 7B. The easement is designed to assist
with off-site drainage for Valencia Lakes, Phase 7B. Underground stormwater pipes are in place and
interconnect to the lake (shown in Exhibit "C") which services all of Orange tree's retention needs.
Exhibit "B" illustrates the dry retention area for off-site drainage in Phases 5A and 7 A This easement is
located in the rear of the "Neighborhood Shoppes" area within the Valencia Lakes subdivision,
Exhibit "c" (the lake) is the main outfall system for the entire Orangetree Development and the
communities within Orangetree, During an earlier stage of development, Orangetree, once divided into
several plats, then undeIWent a vacation of those original plats and the property was recreated into one
large Planned Unit Development (PUD), This lake was not previously presented as an easement to be
accepted and acquired by the Board because it was being redesigned as the development was
experiencing changes. Those changes, undertaken by new developers within the Valencia community,
such as Beazer Homes, were made with the awareness of County Staff,
At this time, having been directed by County Staff to submit these easements for approval and acceptance
in accordance with the Declaration of General Protective Covenants and Restrictions of Valencia Lakes
HOA, and prior to moving fOIWard with other phases of their development, property owners Roberto
Bollt and Valencia Lakes Homeowners Association are requesting approval of the agreements depicted as
Exhibits "A" and "B" and "C".
FISCAL IMP ACT: No County funds are anticipated to be used for this acquisition, The property
owner is responsible for any and all cost associated with requesting that the County accept and acquire
these easements per the requirement of their SDP.
GROWTH MANAGEMENT IMPACT: This recommendation is consistent with the County's Growth
Management Plan,
",;"-'.'
Agenda Item No. 1689
September 13, 2005
Page 2 of 33
RECOMMENDATIONS: That the Board of County Commissioners of Collier County, Florida:
1. Approve the attached Drainage Easement and Maintenance Agreements depicted as Exhibits "A",
"B" and "C" and authorize its Chairman to execute same on behalf of the Board; and
2. Accept the specific easement interests conveyed thereby.
PREPARED BY: Hope Brack, Senior Property Acquisition Specialist, Transportation Engineering &
Construction Management Department
Attachments: (1) Exhibit "A" (2) Exhibit "B" (3) Exhibit "C"
Item Number.
Item lummllry:
_Ing Dato,
Agenda Item No, 1689
September 13, 2005
Page 3 01 33
COLLIER COlJNTY
BOARD OF COUNTY COMMISSIONERS
16B9
Rr;commendation to approve 1hrll'e Draina~ EIse-men1 Bnd Maintenancre Agreements
between Roberto Bollt, Trultee, Valencia L.akee. at Orangetree HOmeO'Ml&ra Association,
Inc" and Collier County, for thtl purp0ge of 8811gning maln1cnanoo reepo""iblllties among the
p8rtlet:
9/13120059:00:00 AM
0'"
Approved By
Keliln Hendrick.
Transportation Services
RjOht otWay Acquisition M.tnager
lranlpOf'til4lon Engineering and
Con.truction
1123/2005 Pi:52 PM
Dal.
Approved Sy
Jay Ahmad
Transpartltlon Services
Director
lranaponatlon Engilleering &
Construction Mllnllgement
el2<U2005 7:48 AM
Pl.In::hlJllnOlGeneral &vel Director
Dal.
Approved By
Steve CarneH
Administrative Bervicn
Purohulng
812412005 e:!6 AM
Senior Property Acqui.ltlon Specialist
DIle
8124J200511:O&AM
Approved By
Jennlttr Hope Brack
Transportation 5ervlnel'l
Gloria Herrerll
TECM-RC7A'
Approved B"
Transponatlon SQfVlcea.
Man.a~mentIBlJdg.t An"ly:ft
Tran.portation OperKtlons
DIle
8124120053;50 PM
Norm E, Fltder. AICP
TtanapDrtatlon Divisioll Admlnl8trator
D...
8124120054:17 PM
Approved 8)1
Transponl2tlon Services
TrAn.lpotta1lon ServiCClI Admin.
Sharon Newman
Accounting 9upervitlOl'
Dote
Approved 8)1
Tr.OIIpDttaUon S.rvk:..
T r.n.portation Admlnl.tratlon
6/2412005 4:2.1 PM
Appr01icd By
Getllld Kuru
Tran,portlltion Services
SenIor Englne.r
DIle
812412005 5:Ofj PM
Stotmwatet Menllgement
Pet l.ohnhlltd
Eu'c:utlv. Secretary
D...
Approved By
TrSfUlportation ServIce.
Tran.portatlon Servic.. Admin
8/25120059:04 AM
Approved By
OMB Coordinator
COUnty Manager'. Office
Admlnlatrllltlve A...I~lInt
DIle
om06 of Managoment & Budget
6/29120059:31 AM
Da..
Approved By
Mark laaoklion
County Managot'.. OffIce
Budget Analyst
Offlcn of Managcmant & BudgDt
812Q/2005 10:31 AM
Dalo
Apprllved By
Mich.1 Smykawaki
County Manager's Office
Manegmrmnt" Budlillllt Olf1lctor
OiRell' of Management & Budge1
8/2912005 3; 41 PM
County ManaQCllr
Dot.
Approved By
Jamms V, Mudd
Board of County
Commls.jO~nl
County Maluilgo-r'. Offleo
8/3012005 6:09 PM
Agenda Item No. 16B9
September 13, 2005
Page 4 of 33
THIS DOCUMENT PREPARED BY &
AFTER RECORDING RETURN TO:
JAMES E.L. SEAY, ESQUIRE
HOLLAND & KNIGHT LLP
200 South Orange Avenue. Suite 2600
Orlando, Florida 32801
407-425-8500
EXHIBIT A
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DRAINAGE EASEMENT AND MAINTENANCE AGREEMENT a
\.Cl
(Easement Adjoining Lots)
THIS DRAINAGE EASEMENT AND MAINTENANCE AGREEMENT
(hereinafter the "Drainage Agreement') is made this 1\ 1!2. day of July, 2005 between
ROBERTO BOLLT, TRUSTEE OF LAND TRUST AGREEMENT RECORDED IN
O,R. BOOK 1347, PAGE 2331, PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA, as Grantor, whose address is 3000 Orange Grove Trail, Naples, Florida
34120 (hereinafter "Bollt") and VALENCIA LAKES AT ORANGETREE
HOMEOWNERS' ASSOCIATION, INC" a Florida Corporation, as Grantee, whose post
office address is 13100 West Links Terrace, Fort Myers, Florida 33913 (hereinafter
"Valencia Lakes BOA") and COLLIER COUNTY, Florida, as Grantee, whose address
is 2800 N, Horseshoe Drive, Naples, Florida (hereinafter "Collier County"), collectively
the "Parties" to this Drainage Agreement.
WHEREAS, BoHt is the owner of that certain tract of land located in Collier
County, Florida (hereinafter the "Easement Property") described in Exhibit "A"
attached hereto and made a part hereof; and
WHEREAS, Valencia Lakes HOA is a not-for-profit corporation organized
under the laws of the State of Florida, which pursuant to that certain Declaration of
General Protective Covenants and Restrictions of Valencia Lakes HOA recorded in
Official Records Book 1310, Page 1536, Public Records of Collier County, Florida (the
"Declaration"), is required to maintain the storm water drainage and waterways located
within the properties described in Collier County parcel identification number
00210440007 (the .'Property"), and which properties include the property described in
the attached Exhibit .'A"; and
WHEREAS, Collier County is requiring that this Drainage Agreement be entered
into and recorded of record to bind BoUt and Valencia Lakes HOA hereto; and
WHEREAS, the Parties wish to establish their respective rights and
responsibilities relative to use and maintenance of, the drainage and maintenance
easement.
FTLDOCS 5112700 1
7/8/0S
1
Agenda Item No. 1689
September 13, 2005
Page 5 of 33
NOW, THEREFORE, it is agreed as follows:
1, BoUt, his successors, heirs, assigns and/or transferees, hereby grants a non-
exclusive easement to Valencia Lakes HOA over and across the Easement Property
described in the attached Exhibit "A" for the purpose of stonn water drainage and for the
maintenance thereof; and to Collier County which shall have no responsibility for
maintenance thereof.
2, No buildings, structures, or impediments of any nature may be constructed, placed
or permitted on, over or across the Easement Property, except for storm water drainage
purposes, without the consent of Collier County (which shall not be unreasonably withheld
for non-habitable structures described in the last sentence of this paragraph, below) and as
may be pennitted, in accordance with applicable law, by the agencies of Collier County
and State and Federal governmental agencies, Subject to the limitations of the foregoing
sentence, Bollt reserves unto himself, and his successors and assigns, the right to use the
Easement Property, and to construct, place or permit, within the Easement Property,
landscaping and irrigation facilities, and walls and fences, or other improvements, as may
be required by applicable laws, codes and ordinances, including, without limitation, site
plan approvals issued by governmental agencies
3, Valencia Lakes HOA shall bear the sole responsibility for and cost of the
maintenance of the Easement Property, including but not limited to regular maintenance
as may be required by any governmental agency having jurisdiction relative thereto, The
Easement Property shall at all times be maintained in accordance with applicable code,
4, Collier County shall have the right of access and use of the Easement Property for
the purpose of inspecting and maintaining same, However, Collier County shall have no
obligation to maintain the Easement Property,
5, All members of Valencia Lakes HOA whose lots abut the Easement Property
shall have the right to use thereof for the purpose of storm water drainage pW'Suant to the
terms of the Declaration and governing ordinances, if any,
6. Intentionally Deleted,
7. This Drainage Agreement shall run with the land and shall be binding upon and
inure to the benefit of all present and future owners of any portion of the property
included in the Declaration, and their successors and/or assigns, it being the intention of
the Parties that this Agreement shall be perpetual.
FTLDOCS 5112700 1
718105
2
Agenda Item No. 1689
September 13, 2005
Page 6 of 33
8. It is acknowledged and agreed that the easements granted under this Drainage
Agreement are not exclusive easements and shall not limit the rights of Bollt to the use
and enjoyment of the Easement Property in a manner which is not inconsistent with the
easement rights granted to herein.
9, Nothing contained in this Drainage Agreement shall, in any way, be deemed to
constitute a gift of or dedication of any portion of the Easement Property to the general
public or for the benefit of the general public, it being the intention of the parties hereto
that this Drainage Agreement shall be limited to and utilized for the purposes expressed
herein,
10. Valencia HOA (the "Indemnifying Party") will defend, indemnify and hold the
other Parties harmless from and against any and all actions, causes of action, claims,
demands, liabilities, judgments, costs and expenses whatsoever [including, without
limitation, attorneys' fees at trial and appellate levels), arising out of or as a result of the
exercise or fulfillment by the Indemnifying Party or any individual or entity claiming by,
through or under the Indemnifying Party, of the Indemnifying Party's rights or obligations
hereunder,
11, No Party shall permit (and shall promptly satisfy or bond) any construction,
mechanic's lien or other lien or encumbrance against the Easement Property, if such lien
or encumbrance shall arise in connection with the exercise or fulfillment by such party
(or any individual or entity claiming by, through or under such Party) of its rights or
obligations hereunder.
12. The easements granted hereunder, or any covenant, restriction or undertaking
contained herein, may be terminated or amended only by the recording of an appropriate
document in the Public Records, executed by the Parties hereto or their respective
successors and assigns, However, the recordation of a plat of the Easement Property shall
not, in the absence of an express recitation therein describing this Drainage Agreement
with the recording information and expressly providing for its termination or amendment,
terminate or amend this Drainage Agreement.
13, No waiver of any breach of the provisions hereof shall be construed as, or
constitute, a waiver of any other breach, or a waiver, acquiescence in or consent to any
further or succeeding breach of the same,
14, This Drainage Agreement shall be interpreted, construed and enforced in
accordance with the laws of the State of Florida, Nothing contained in this Drainage
Agreement shall be deemed or construed, either by the Parties hereto or by any third
party, to create the relationship of principal and agent or to create any partnership, joint
venture or other association between the Parties,
FTLDOCS 5112700 1
7/8/05
3
Agenda Item No. 1689
September 13, 2005
Page 7 of 33
15, In the event a Party brings suit to enforce any provision of this Drainage
Agreement against another Party, the prevailing party shall be entitled to recover its costs
and expenses (including, without limitation, reasonable attorneys' fees at trial and
appellate levels),
IN WITNESS WHEREOF, Grantor and Grantee(s) have hereunto set their hands
and seals this day and year first written above.
Signed, sealed and delivered Grantor:
In our presence: f' /
Witness one: ~
nnt Name: vlVti.A.r /I ~
Wltn11{ ~
Print ~e: .:J\D f( &h.~
STATE OF FLORIDA
COUNTYOF D>u...-cot-
~
The foregoing instrument was acknowledged before me this l L - day of July,
2005, by Roberto Bollt, who is 00 personally known to me, or who ( ) presented
as identification,
Si~~C
My Commission Expires:
KIMBERLY P. RETALlICK
MY COMMISSION' 00 212271
EXPIRES: June 28. 2rJJ7
BondId Thnl NoIIlY P\dC UrodIOWrl'*'
FTLDOCS 5112700 1
718105
4
Agenda Item No. 1689
September 13, 2005
Page 8 of 33
Grantee (8):
VALENCIA LAKES AT
ORANGETREE HOMEOWNERS'
ASSOCIATION, INC.
BY:
~~ ~Na
Tit! , ~/Dlf ~
P'
/Hfo/{7JtL 6 dtu,.JJ
Wlm~
PrintN ~-r Ct.LJ~
STATE OF FLORIDA
COUNTY OF J.-0? .
~t'regoing ins~~edged ~ore me this hay of
U \1 . 2005, by mOn who is (~
personally own to me, or who ( ) presented as identification,
Slgnature of Notary Public
My Commission Expires:
~\\\\I"'"'III/ltlll
~\\t. 0, T ~ ,;tlll~
~~" ........ v~ ~
I'''<-J,''~\OTA~j'.!QlA
s ~.' ~ 'fr'.v: ~
~... \~~
:: :.. C ~ (" '::
:: ,MY 0"'- .._,.; . - -
- . Se ...". ""'..,rea ., -
3 : Plember 21, 2007: E
S :. No. DO 2470lU ! f€
~lP.... ... /
~.&~~\C ....-;...'r#
~;'~-O"'''''''~W~
'((;'11/ F F\.~...
111/f""I1I11"'~\
FTLDOCS S112700 1
718/05
5
ATTEST:
DWIGHT E. BROCK, CLERK
By:
Approved as to form and
legal sufficiency:
J11i j ;l
Assistant County Attomey
F'l1..DOCS .5112290 6
7/11IOS
Agenda Item No. 1689
September 13, 2005
Page 9 of 33
BOARD OF COUNTY
COMMISSIONERS OF
COLLIER
COUNTY, FLORIDA
By:
Fred W. Coyle. CHAIRMAN
COlLIER COUNTY. FLORIDA
6
Agenda Item No. 1689
September 13, 2005
Page 10 of 33
EXHIBIT" A"
FTLDOCS 5112700 1
7/8/05
7
Agenda Item No. 16B9
September 13, 2005
RHODES &- RHODES LAND SURVEYING, INdage 11 of 33
JOHN SODfT RHODlCS, P,SM. mOMAS E. RHODlCS, p.8.M.
1440RAILHEADBLVD.#1 NAPLli8, FLORlDA94110
PHONE (2B9) 598"0510 FAX (gas) 698-0tJ81
PROPERTY DESCRIPTION
DRAINAGE EASEMENT
A PARCEL OF LAND LOCATED WITHIN SECTIONS 22 AND 27. TOWNSHIP 48 SOUTH. RANGE 27
EAST. COLLIER COUN1Y, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT TIlE SOUfHEAST CORNER OF LOT 8. BLOCK "C" . VALENCIA LAKES - PHASE 3-A,
ACCORDING TO TIlE PLAT TIlEREOF RECORDED IN PLAT BOOK 37 AT PAGES 931HROUGH 97
(INCLUSIVE) OF TIlE PUBUC RECORDS OF COLLIER COUNlY. FLORIDA; THENCE soum
01050'49" WEST. A DISTANCE OF 57,31 FEET TO A POINT ON TIlE NORTIlERLY RIGHT-OF-WAY
LINE OF RANDALL BOULEVARD; THENCE NORTH 88009'11" WEST. ALONG SAID NORTHERLY
RIGHT-OF-WAY LINE. A DISTANCE OF 1,920.97 FEET TO TIlE POINT OF BEGINNING OF THE
HEREIN DESCRIBED PARCEL; THENCE NORm 88009'11" WEST. A DISTANCE OF 15.00 FEET;
THENCE NORm 01051'42" EAST, A DISTANCE OF 10,64 FEET TO A POINT ON A NON-TANGENTIAL
CURVE; THENCE WESTERLY. 10.55 FEET ALONG THE ARC OF A CIRCULAR CURVE. CONCAVE
NORTHERLY. HAVING A RADIUS OF 15,00 FEET, THROUGH A CENTRAL ANGLE OF 40018'20" AND
BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 82000'52" WEST. 10.34 FEET TO A POINT
ON A NON-TANGENTIAL CURVE; THENCE WESTERLY. 145.00 FEET ALONG THE ARC OF A
CIRCULAR CURVE, CONCAVE SOurHERLY. HAVING A RADIUS OF 354.18 FEET, TIlROUGH A
CENTRAL ANGLE OF 23027'23" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTIl
89006'07" WEST, 143.99 FEET TO A POINT OF REVERSE CURVATURE; THENCE NORllIWESTERLY.
39.90 FEET ALONG TIlE ARC OF A CIRCULAR CURVE, CONCAVE NORTIiEASTERLY, HAVING A
RADIUS OF 15,00 FEET, TIlROUGH A CENTRAL ANGLE OF 152024'55" AND BEING SUBTENDED BY
A CHORD WIDCH BEARS NORTH 24037'21" WEST. 29.13 FEET TO A POINT OF TANGENCY; TIlENCE
NORTH 51035'06" EAST. A DISTANCE OF 196,54 FEET TO A POINT OF CURVATURE; 1HENCE
EASTERLY. 18.40 FEET ALONG THE ARC OF A CIRCULAR CURVE. CONCAVE SOU1HERLY,
HAVING A RADIUS OF 15,00 FEET. THROUGH A CENTRAL ANGLE OF 70016'36" AND BEING
SUBTENDED BY A CHORD WHICH BEARS NORm 86043'24" EAST. 17.27 FEET TO A NON-
TANGENTIAL LINE; THENCE NORTH 01051'42" EAST. A DISTANCE OF 642.05 FEET TO A POINT ON
A NON-TANGENTIAL CURVE; THENCE WESTERLY, 4,61 FEET ALONG THE ARC OF A CIRCULAR
CURVE. CONCAVE NORTIlERL Y. HAVING A RADIUS OF 12,00 FEET. TIlROUGH A CENTRAL
ANGLE OF 22001'34" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 80051'02" WEST.
4.58 FEET TO A POINT OF TANGENCY; THENCE NORm 88008'11" WEST, A DISTANCE OF 54.89
FEET TO A POINT OF CURVATURE; lHENCE NORTHWESTERLY. 27,14 FEET ALONG THE ARC OF A
CIRCULAR CURVE. CONCAVE NORTHEASTERLY. HAVING A RADIUS OF 12,00 FEET, THROUGH A
CENTRAL ANGLE OF 129035'44" AND BEING SUBTENDED BY A CHORD WIDCH BEARS NORTH
23020'19" WEST. 21.72 FEET TO A POINT OF REVERSE CURVATURE; lHENCE NORTIffiASTERLY.
87,34 FEET ALONG TIlE ARC OF A CIRCULAR CURVE. CONCAVE NORTIlWESTERL Y. HAVING A
RADIUS OF 2.976,79 FEET. lHR.OUGH A CENTRAL ANGLE OF 01040'52" AND BEING SUBTENDED
BY A CHORD WIDCH BEARS NORTIl 40037'07" EAST, 87.33 FEET TO A POINT OF REVERSE
CURVATURE; THENCE EASTERLY, 15,52 FEET ALONG THE ARC OF A CIRCULAR CURVE.
CONCAVE SOUTIIERL Y. HAVING A RADIUS OF 12.00 FEET, THROUGH A CENTRAL ANGLE OF
74006'29" AND BEING SUBTENDED BY A CHORD WlDCH BEARS NORTH 76049'55" EAST. 14.46 FEET
TO ANON-TANGENTIAL LINE; THENCE NORm 01051'42" EAST. A DISTANCE OF 45,70 FEET TO A
POINT ON A NON-TANGENTIAL CURVE; THENCE NORllfEASTERLY. 25,09 FEET ALONG THE ARC
OF A CIRCULAR CURVE. CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 2,957,79 FEET.
THROUGH A CENTRAL ANGLE OF 00029'10" AND BEING SUBTENDED BY A CHORD WIDCH BEARS
Z;\word-docs\LEGALS\LEGAL DESCRlPI10NS\orangetree\03-35de.doc
Page 1 of2
Agenda Item No. 16B9
September 13, 2005
RHODES & RHODES LAND SURVEYIN~ INdage 12 of 33
JOHN SooTT RHODES- P.SH. 11I0MAS E. RHODES- P.8.M
1440 RAIL HEAD BLVD. #1 NAPLES, FLORIDA 94110
PHONE (289) 593-0570 FAX (239) 699-0581
PROPERlY DESCRIPTION (CONTINUED)
NORTH 38034142" EAST, 25.09 FEET TO A NON-TANGENTIAL LINE; THENCE SOurH 01051'42" WEST,
A DISTANCE OF 959.62 FEET TO TIlE POINT OF BEGINNING.
CONTAINING 33,731 SQUARE FEET OR 0,774 ACRES, MORE OR LESS,
SUBJECT TO EASEMENTS, RESTRICTIONS AND/OR RESERVATIONS OF RECORD.
BEARINGS ARE BASED ON nIB NORTIfERLY RIGHf-OF-WAY LINE OF RANDALL BOULEVARD,
AS BEINGN. 88009'11 W. (ASSUMED).
RHODES & RHODES LAND SURVEYING, INC,
FLORIDA BUSINESS AUTHORIZATION NO. LB 6897
7~~~' ~-~ vi?
Thomas:E Rho<res,-~r, ~..-
Profeasianal Srifv4'or ~ ~per
State of'FIOJida, Li~-Nmi1ber 5854
/~-.... .._----_..~... ....-:;.
NOT V ALiliwmKfur-nm SIGNATURE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER
R&R FILE NO, 2003-35DE
DATE: 08/10/20050
Z:\word-docs\LEGALS\LEGAL DESCRIPTIONS\orangetree\03-35de.doc
Page 2 of2
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Agenda Item No. 1689
September 13, 2005
Page 14 of 33
~ ro.
c:::J ... ,
c:J'\ S2 Oi .
c.... '-- "iJi.,.,
~E~~~~~:GR~~~~~ ~6:& ;= ~ ~
JAMES E.L SEAY, ESQUIRE EXHIBIT ~ U\
HOLLAND & KNIGHT LLP !2. ~ 0
200 South Orange Avenue, Suite 2600 Page I tJf 8 ..." -i -r:
Orlando, Florida 32801 :x S3'->
407-425-8500 -7:" z:. ff
--------------------[SPACE ABOVE THIS LINE FOR RECORDING DATAJ------------ ~~-_.---
DRAINAGE EASEMENT AND MAINTENANCE AGREEMENT
(Easement Adjoining Lots)
THIS DRAINAGE EASEMENT AND MAINTENANCE AGREEMENT
(hereinafter the "Drainage Agreement') is made this \ \ of)::l. day of July, 2005 between
ROBERTO BOLLT, TRUSTEE OF LAND TRUST AGREEMENT RECORDED IN
O.R. BOOK 1347, PAGE 2331, PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA, as Grantor, whose address is 3000 Orange Grove Trail, Naples, Florida
34120 (hereinafter "BoUt") and VALENCIA LAKES AT ORANGETREE
HOMEOWNERS' ASSOCIATION, INC" a Florida Corporation, as Grantee, whose post
office address is 13100 West Links Terrace, Fort Myers, Florida 33913 (hereinafter
"Valencia Lakes HOA") and COLLIER COUNTY, Florida, as Grantee, whose address
is 2800 N, Horseshoe Drive, Naples, Florida (hereinafter "Collier County"), collectively
the "Parties" to this Drainage Agreement.
WHEREAS, Bollt is the owner of that certain tract of land located in Collier
County, Florida (hereinafter the "Easement Property") described in Exhibit "A"
attached hereto and made a part hereof; and
WHEREAS, Valencia Lakes HOA is a not-for-profit corporation organized
under the laws of the State of Florida, which pursuant to that certain Declaration of
General Protective Covenants and Restrictions of Valencia Lakes HOA recorded in
Official Records Book 1310, Page 1536, Public Records of Collier County, Florida (the
"Declaration"), is required to maintain the storm water drainage and waterways located
within the properties described in Collier County parcel identification number
00210440007 (the "Property"), and which properties include the property described in
the attached Exhibit "A"; and
WHEREAS, Collier County is requiring that this Drainage Agreement be entered
into and recorded of record to bind Bollt and Valencia Lakes HOA hereto; and
WHEREAS, the Parties wish to establish their respective rights and
responsibilities relative to use and maintenance of the drainage and maintenance
easement.
FTLDOCS 5112700 1
7/8/05
1
Agenda Item No. 1689
September 13, 2005
Page 15 of 33
NOW, THEREFORE, it is agreed as follows:
1, Bollt, his successors, heirs, assigns and/or transferees, hereby grants a non-
exclusive easement to Valencia Lakes HOA over and across the Easement Property
described in the attached Exhibit "A" for the purpose of storm water drainage and for the
maintenance thereof; and to Collier County which shall have no responsibility for
maintenance thereof.
2, No buildings, structures, or impediments of any nature may be constructed, placed
or permitted on, over or across the Easement Property, except for storm water drainage
purposes, without the consent of Collier County (which shall not be unreasonably withheld
for non-habitable structures described in the last sentence of this paragraph, below) and as
may be permitted, in accordance with applicable law, by the agencies of Collier County
and State and Federal governmental agencies, Subject to the limitations of the foregoing
sentence, Bollt reserves unto himself, and his successors and assigns, the right to use the
Easement Property, and to construct, place or permit, within the Easement Property,
landscaping and irrigation facilities, and walls and fences, or other improvements, as may
be required by applicable laws, codes and ordinances, including, without limitation, site
plan approvals issued by governmental agencies
3. Valencia Lakes HOA shall bear the sole responsibility for and cost of the
maintenance of the Easement Property, including but not limited to regular maintenance
as may be required by any governmental agency having jurisdiction relative thereto, The
Easement Property shall at all times be maintained in accordance with applicable code,
4, Collier County shall have the right of access and use of the Easement Property for
the purpose of inspecting and maintaining same, However, Collier County shall have no
obligation to maintain the Easement Property,
5, All members of Valencia Lakes HOA whose lots abut the Easement Property
shall have the right to use thereof for the purpose of storm water drainage pursuant to the
terms of the Declaration and governing ordinances, if any.
6. Intentionally Deleted,
7, This Drainage Agreement shall run with the land and shall be binding upon and
inure to the benefit of all present and future owners of any portion of the property
included in the Declaration, and their successors and/or assigns, it being the intention of
the Parties that this Agreement shall be perpetual.
FTLDOCS 5112700 1
7/8/05
2
Agenda Item No. 1689
September 13, 2005
Page 16 of 33
8, It is acknowledged and agreed that the easements granted under this Drainage
Agreement are not exclusive easements and shall not limit the rights of Bollt to the use
and enjoyment of the Easement Property in a manner which is not inconsistent with the
easement rights granted to herein,
9, Nothing contained in this Drainage Agreement shall, in any way, be deemed to
constitute a gift of or dedication of any portion of the Easement Property to the general
public or for the benefit of the general public, it being the intention of the parties hereto
that this Drainage Agreement shall be limited to and utilized for the pwposes expressed
herein,
10. Valencia ROA (the "Indemnifying Party") will defend, indemnify and hold the
other Parties harmless from and against any and all actions, causes of action, claims,
demands, liabilities, judgments, costs and expenses whatsoever [including, without
limitation, attorneys' fees at trial and appellate levels), arising out of or as a result of the
exercise or fulfillment by the Indemnifying Party or any individual or entity claiming by,
through or under the Indemnifying Party, of the Indemnifying Party's rights or obligations
hereunder,
11. No Party shall permit (and shall promptly satisfy or bond) any construction,
mechanic's lien or other lien or encumbrance against the Easement Property, if such lien
or encumbrance shall arise in connection with the exercise or fulfillment by such party
(or any individual or entity claiming by, through or under such Party) of its rights or
obligations hereunder,
12, The easements granted hereunder, or any covenant, restriction or undertaking
contained herein, may be terminated or amended only by the recording of an appropriate
document in the Public Records, executed by the Parties hereto or their respective
successors and assigns, However, the recordation of a plat of the Easement Property shall
not, in the absence of an express recitation therein describing this Drainage Agreement
with the recording information and expressly providing for its termination or amendment,
terminate or amend this Drainage Agreement.
13. No waiver of any breach of the provisions hereof shall be construed as, or
constitute, a waiver of any other breach, or a waiver, acquiescence in or consent to any
further or succeeding breach of the same.
14, This Drainage Agreement shall be interpreted, construed and enforced in
accordance with the laws of the State of Florida. Nothing contained in this Drainage
Agreement shall be deemed or construed, either by the Parties hereto or by any third
party, to create the relationship of principal and agent or to create any partnership, joint
venture or other association between the Parties,
FTLDOCS 5112700 I
718105
3
Agenda Item No. 1689
September 13, 2005
Page 17 of 33
15, In the event a Party brings suit to enforce any provision of this Drainage
Agreement against another Party, the prevailing party shall be entitled to recover its costs
and expenses (including, without limitation, reasonable attorneys' fees at trial and
appellate levels).
IN WITNESS WHEREOF, Grantor and Grantee(s) have hereunto set their hands
and seals this day and year first written above.
Signed, sealed and delivered
In our presence:
Grantor:
w~~
~nt Name: ~ e,"UII;JU' n1kuftL
wn~
Print Name: .:sc.(f (5;k'5
STATE OF FLORIDA
COUNTY OF CoL-US'e-
~
The foregoing instrument was acknowledged before me this ~ day of July,
2005, by Roberto Bollt, who is (I() personally known to me, or who ( ) presented
as identification,
Si~~
My Commission Expires:
tJ'Hl'" KlMlSA\.Y P. NTALLICIC
: '~i~ MY' COMMiSSION' 00 111111
~ ~J EXPIReS: JlN II, tf#!
~. 1IWlId_~""\MMllIM
FTLDOCS 5112700)
718/05
4
Agenda Item No. 1689
September 13, 2005
Page 18 of 33
Grantee (s):
Ik~ (l,U,'....s"
VALENCIA LAKES AT
ORANGETREE HOMEOWNERS'
ASSOCIATION, INC,
BY:~
Onto _ :::rOSIf/t/J/Ir()
" ;:::ruts IOftVj .
Witnes~
Print Name: ~....-;- C.-.=
STATE OF FLQRID_A
COUNTY OF L..GL
..jJe foregoing instrument ~ bQ:i me this ~ day of
;k , 2005, by '5 D who is <-1
personally own to me, or who ( ) presented as IdentificatIon.
\\\\\\\11111I/1;11/11
~,\,\\ O. T R I /11111/,
~""~"'''''''''~~r\~
,f<V~'~OTA~);:~C'\
~~.. '.~'~
'Ii":' .\;;.~
:::~. .,-....
~ f My Comm. E.ol:pirel ': r- ~
g : September 21, 2O(J7 i E
i',. No. 00 247094 :' ~
~lO'" .: i
~ ?-" 1:1I _ r- .'-~
~ ~ "0: .lJtit ~'" " Q'~
'II~/~)'o~O"'" ~ '0' ~~,~
~"'I ~!', ~ \\*~
'/~/11:~I.IUa"\\\\
S gnatflre of Notary Public
My Commission Expires:
FTLDOCS 5112700 1
718/05
5
ATTEST:
DWIGHT E. BROCK. CLERK
By:
Approved as to form and
legal sufficiency:
,fA) II-
~,~1on
Assistant County Attorney
FI'LDOCS 5112290 Ii
7/11~5
Agenda Item No. 1689
September 13, 2005
Page 19 of 33
BOARD OF COUNTY
COMMISSIONERS OF
COILlER
COUN'IY, FLORIDA
By:
Fred W, Coyle, CHAIRMAN
COlLIER COUNTY, FLORIDA
6
Agenda Item No. 1689
September 13, 2005
Page 20 of 33
EXHIBIT "A"
FTLDOCS 5112700 1
7/8/05
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Agenda Item No. 1689
September 13, 2005
Page 22 of 33
THIS DOCUMENT PREPARED BY:
JAMES E.L. SEAY, ESQUIRE
HOLLAND & KNIGHT LLP
200 South Orange Avenue, Suite 2600
Orlando, Florida 32801
407-425-8500
AFTER RECORDING RETURN TO:
BRUCE R, ANDERSON, ESQUIRE
ROETZEL & ANDRESS
850 Park ShOl'8 Drive, 3td Floor
Naples. Florida 34103
239-649-6200
EXHIBIT t
Page , of /2-
.........._............................_._.....__.... {SPACE ABOVE THIS LINE FOR RECORDING DATA] ............,.-.....,......,.,......-...---...-....
DRAINAGE EASEMENT AND MAINTENANCE AGREEMENT
(Lake)
THIS DRAINAGE EASEMENT AND MAINTENANCE AGREEMENT
(hereinafter the "Drainage Agreement') is made this /d, t:4..day of August, 2005
between ROBERTO BOLLT, TRUSTEE OF LAND TRUST AGREEMENT
RECORDED IN O,R, BOOK 1347, PAGE 2331, PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA, as Grantor, whose address is 3000 Orange Grove Trail,
Naples, Florida 34120 (hereinafter "BoUt") and VALENCIA LAKES AT
ORANGETREE HOMEOWNERS' ASSOCIATION, INC" a Florida Corporation, as
Grantee, whose post office address is 13100 West Links Terrace, Fort Myers,
Florida 33913 (hereinafter ''Valencia Lakes HOA") and COLLIER COUNTY,
Florida, as Grantee, whose address is 2800 N, Horseshoe Drive, Naples, Florida
(hereinafter "Collier County"), collectively the "Parties" to this Drainage
Agreement.
WHEREAS, Bollt is the owner of that certain tract of land located in Collier
County, Florida (hereinafter the "Easement Property") described in Exhibit "A"
attached hereto and made a part hereof; and
WHEREAS, Valencia Lakes HOA is a not-for-profit corporation organized
under the laws of the State of Florida, which pursuant to that certain Declaration of
General Protective Covenants and Restrictions of Valencia Lakes ROA recorded in
Official Records Book 1310, Page 1536, Public Records of Collier County, Florida
(the "Declaration"), is required to maintain the storm water drainage and
waterways located within the properties described in Collier County parcel
identification number 00210440007 (the "Property"), and which properties include
the property described in the attached Exhibit "A"; and
WHEREAS, Collier County is requiring that this Drainage Agreement be
entered into and recorded of record to bind BoUt and Valencia Lakes ROA hereto;
and
1
Agenda Item No. 16B9
September 13, 2005
Page 23 of 33
WHEREAS, the Parties wish to establish their respective rights and
responsibilities relative to use and maintenance of the drainage and maintenance
easement,
NOW, THEREFORE, it is agreed as follows:
1. Bollt, his successors, heirs, assigns and/or transferees, hereby grants a non-
exclusive easement to Valencia Lakes HOA over and across the Easement Property
described in the attached Exhibit "A" for the purpose of storm water drainage and
for the maintenance thereof; and to Collier County which shall have no
responsibility for maintenance thereof,
2, No buildings, structures, or impediments of any nature may be constructed,
placed or permitted on, over or across the Easement Property, except for storm
water drainage purposes, without the consent of Collier County (which shall not be
unreasonably withheld for non-habitable structures such as boat docks and the
items described in the last sentence of this paragraph, below) and as may be
permitted, in accordance with applicable law, by the agencies of Collier County and
State and Federal governmental agencies, Subject to the limitations of the
foregoing sentence, BoHt reserves unto himself, and his successors and assigns, the
right to use the Easement Property, and to construct, place or permit, within the
Easement Property, amenities in connection with the use, enjoyment, development
or ownership of lands adjoining the Easement Property, including non-habitable
structure uses, and water-related uses such as boat docks, pilings, ramps, fences
and irrigation and equipment,
3, Valencia Lakes HOA shall bear the sole responsibility for and cost of the
maintenance of the Easement Property, including but not limited to regular
maintenance as may be required by any governmental agency having jurisdiction
relative thereto, The Easement Property shall at all times be maintained in
accordance with applicable code,
4. Collier County shall have the right of access and use of the Easement
Property for the purpose of inspecting and maintaining same, However, Collier
County shall have no obligation to maintain the Easement Property.
5, All members of Valencia Lakes HOA whose lots abut the Easement Property
shall have the right to use thereof for the purpose of storm water drainage pursuant
to the terms of the Declaration and governing ordinances, if any,
6, Intentionally Deleted.
7. This Drainage Agreement shall run with the land and shall be binding upon
and inure to the benefit of all present and future owners of any portion of the
2
Agenda Item No. 1689
September 13, 2005
Page 24 of 33
property included in the Declaration, and their successors and/or assigns, it being
the intention of the Parties that this Agreement shall be perpetual.
8. It is acknowledged and agreed that the easements granted under this
Drainage Agreement are not exclusive easements and shall not limit the rights of
BoUt to the use and enjoyment of the Easement Property in a manner which is not
inconsistent with the easement rights granted to herein.
9, Nothing contained in this Drainage Agreement shall, in any way, be deemed
to constitute a gift of or dedication of any portion of the Easement Property to the
general public or for the benefit of the general public, it being the intention of the
parties hereto that this Drainage Agreement shall be limited to and utilized for the
purposes expressed herein,
10, Valencia HOA (the "Indemnifying Party") will defend, indemnify and hold the
other Parties harmless from and against any and all actions, causes of action,
claims, demands, liabilities, judgments, costs and expenses whatsoever (including,
without limitation, attorneys' fees at trial and appellate levels), arising out of or as
a result of the exercise or fulfillment by the Indemnifying Party or any individual or
entity claiming by, through or under the Indemnifying Party, of the Indemnifying
Party's rights or obligations hereunder,
11. No Party shall permit (and shall promptly satisfy or bond) any construction,
mechanic's lien or other lien or encumbrance against the Easement Property, if
such lien or encumbrance shall arise in connection with the exercise or fulfillment
by such party (or any individual or entity claiming by, through or under such Party)
of its rights or obligations hereunder.
12, The easements granted hereunder, or any covenant, restriction or
undertaking contained herein, may be terminated or amended only by the recording
of an appropriate document in the Public Records, executed by the Parties hereto or
their respective successors and assigns. However, the recordation of a plat of the
Easement Property shall not, in the absence of an express recitation therein
describing this Drainage Agreement with the recording information and expressly
providing for its termination or amendment, terminate or amend this Drainage
Agreement.
13. No waiver of any breach of the provisions hereof shall be construed as, or
constitute, a waiver of any other breach, or a waiver, acquiescence in or consent to
any further or succeeding breach of the same,
14, This Drainage Agreement shall be interpreted, construed and enforced in
accordance with the laws of the State of Florida, Nothing contained in this Drainage
Agreement shall be deemed or construed, either by the Parties hereto or by any
3
Agenda Item No. 1689
September 13, 2005
Page 25 of 33
third party, to create the relationship of principal and agent or to create any
partnership, joint venture or other association between the Parties,
15. In the event a Party brings suit to enforce any provision of this Drainage
Agreement against another Party, the prevailing party shall be entitled to recover
its costs and expenses (including, without limitation, reasonable attorneys' fees at
trial and appellate levels),
IN WITNESS WHEREOF, Grantor and Grantee(s) have hereunto set their
hands and seals this day and year first written above.
Signed, sealed and delivered
In our presence:
Gr:& ~_
ROBERTO BOLLT, TRUSTEE
Witness one:
~~~
STATE OF FLORIDA
COUNTY OF c...c~ ~
)
)S8:
)
The foregoing instrument was acknowledged before me this 11~ day of
August, 2005, by Roberto BoUt, who is (() personally known to me, or who ( )
presented as identification.
G)"'~ KIMBERLY p, RSTALUCK
i ! MY COMMISSION. DO 212271
, EXPIRES: June 28, 2007
4if.. . Bonded nUll NOlIlry Public lJndIrwrftorl
Vv\~
Signature of Notary Public
My Commission Expires:
4
Agenda Item No. 1689
September 13, 2005
Page 26 of 33
Grantee (s):
VALENCIA LAKES AT
ORANGETREE HOMEOWNERS'
ASSOCIATION, NC,
}Vit;ness one: I A
~ WV). ~. #aKY)j i.hM._
PrintName:_
~sstw~ :!
Print~: ~. ~~
.....-t.5
STATE OF FLORIDA )
)S8:
COUNTYOF C04L/~ )
The foregoi~ instrument was acknowledged before me this /~~day of
August, 2005, by ~+e v~ i l ;'~YlQ.S who is ( ) personally known
to me, or who j0 presented 'L- 'v. r'3 LJ'''~n as identification,
'/l2
Signature Notary Public
My Com lssion Expires:
...~ MARYLOUBREAZ
;~ MY COMMISSION' DO 416538
, EXPIRES: August 7, 2009
IIondId 1lwu NcMIy PtilIlc ~
5
ATTEST:
DWIGHT E. BROCK, CLERK
By:
Approved as to form and
legal sufficiency:
tl..J..f-f-
~ton
Assistant County Attorney
"'
478520(Use Finn's Default)1 8/1212005
Agenda Item No. 1689
September 13, 2005
Page 27 of 33
BOARD OF COUNTY
COMMISSIONERS OF COLLIER
COUNTY, FLORIDA
By:
Fred W, Coyle, CHAIRMAN
COLLIER COUNTY, FLORIDA
6
Agenda Item No. 1689
September 13, 2005
Page 28 of 33
EXHIBIT "A"
7
Agenda Item No. 1689
September 13, 2005
RHODES & RHODES LAND SURVEYING I INe. Page 29 of 33
JOHN SOOTJ' RHOD&9, P.8.M. T.HOMAB 8. RHODllS, PeN.
1440 RAIL HBAJJ BL Y.l), #1 NAP.LIJlS. JI'LO/lIDA 84110
PHONlI fI8II) 1JIJIJ-DiJ'IO FAX fI8II) 1JtI6-<<J81
PROPERTY DESCRIPTION
DRAINAGE AND MAINTENANCE EASEMENT
ALL TIiAT PART OF SECTION 23, TOWNSlDP 48 SO~ RANGE 27 EAST, COLLIER COUNIY,
FLORIDA, BEING MORE PARTICULARLY DESCRlBED AS FOLLOWS;
BEGINNING AT TIm SOUTIlEAST CORNER OF LOT 10, ORANGE1REE UNIT TWO CITRUS
GREENS SECTION, PHASE 4-A, PLAT BOOK 14, PAGE 113, PUBLIC RECORDS OF COLLIER
COUNlY, FLORIDA; lHENCE SOUm: 4~53'08" EAST 170,65 FEET; TIIENCE EASlERL Y 444.14
FEET ALONG TIIE ARC OF A CIRCULAR CURVE CONCAVE NORTHERLY HAVING A RADros
OF 297,63 FEET lHROUGH A CENTRAL ANGLE OF 8503<YOO" AND BEING SUBTENDED BY A
CHORD WIDCH BEARS NORm 87<>21'52" EAST 404.07 FEET; TIlENCE NORm 44036'52" EAST
53.75 FEET; lHENCE NORTIlERL Y 422.26 FEET ALONG TIlE ARC OF A CIRCULAR CURVE
CONCAVE WESTERLY HAVING A RADIDS OF 295,04 FEET THROUGH A CENTRAL ANGLE OF
82WOO" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORm 03036'52" EAST 387.13
FEET; lHENCE NORTIi 37<>23'08" WEST 181.99 FEET; TIIENCE NORm 44036'52" EAST 51.71
FEET; lHENCE NORTIffiASTERLY 386.55 FEET ALONG TIlE ARC OF A CIRCULAR CURVE
CONCA VB SOUTIlEASTERL Y HAVING A RADIDS OF 871.33 FEET TIIROUGH A CENTRAL
ANGLE OF 25<>25'06" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTII 57019'25"
EAST 383.39 FEET; THENCE ALONG A NON-TANGENTIAL LINE SOUTIlI9<>23'08" EAST 470,08
FEET; lHENCE SOUIHEASTERLY, EASTERLY AND NORTHEASTERLY 1055.01 FEET ALONG
TIm ARC OF A CIRCULAR CURVE CONCAVE NORlHERL Y HAVING A RADIUS OF 456.21 FEET
THROUGH A CENTRAL ANGLE OF 132030'00" AND BEING SUBTENDED BY A CHORD WIDCH
BEARS SOUTH 85038'08" EAST 835.14 FEET; lHENCE NORlH 28006'52" EAST 60.49 FEET;
lHENCE NORTHERLY 465.86 FEET ALONG lHE ARC OF A CIRCULAR CURVE CONCAVE
WESTERL Y HAVING A RADIUS OF 1482,89 FEET nIROUGH A CENlRAL ANGLE OF 18000'00"
AND BEING SUBTENDED BY A CHORD wmCH BEARS NORm 1~06'52" EAST 463.95 FEET;
THENCE NORTH 10006'52" EAST 90,00 FEET; THENCE NORTHERLY 241.14 FEET ALONG THE
ARC OF A CIRCULAR CURVE CONCAVE WESTERLY HAVING A RADIUS OF 1083.65 FEET
THROUGH A CENTRAL ANGLE OF 12045'00" AND BEING SUBTENDED BY A CHORD WInCH
BEARS NORTH 03044'22" EAST 240,65 FEET; TIlENCE NORm 02038'08" WEST 327.07 FEET;
TIJENCE sourn 89053'08" EAST 325.28 FEET; TIlENCE sourn 00006'52" WEST 0,97 FEET;
THENCE SOUTIIEASTERL Y 198,14 FEET ALONG mE ARC OF A NON-TANGENTIAL CIRCULAR
CURVE CONCAVE SOUlHWESTERL Y HAVING A RADWS OF 120.00 FEET THROUGH A
CENTRAL ANGLE OF 94036'22" AND BEING SUBTENDED BY A CHORD wmCH BEARS sourn
35018'11" EAST 176.39 FEET; TIlENCE SOUTH 12000'00" WEST 308.21 FEET; THE SOUTIiERLY
318.91 FEET ALONG 1HE ARC OF A CIRCULAR CURVE CONCAVE EASTERLY HAVING A
RADIUS OF 480,00 FEET THROUGH A CENlRAL ANGLE OF 38004'00" AND BEING SUBlENDED
BY A CHORD wmCH BEARS sourn 07002'()()" EAST 313,07 FEET TO A POlNT OF REVERSE
CURVATURE; 1HENCE SOUlHERL Y 127.67 FEET ALONG 1HE ARC OF A CIRCULAR CURVE
CONCAVE WESTERLY HAVING A RADIUS OF 520.00 FEET THROUGH A CENTRAL ANGLE OF
14004'00" AND BEING SUBTENDED BY A CHORD wmCH BEARS sourn 19002'00" EAST 127,35
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Page 1 of4
Agenda Item No. 16B9
September 13, 2005
RHODES & RHODES LAND SURVEYING, INC. Page 30 of 33
JOHN SCOTI' RHODES, P.SM. THOMAS E. RHODES, PSM.
1440RAlLHEADBLVD. #1 N.APLJJ:S, FLOllIDA 84110
PHONE (IafA) 11tJ8-(J6'1O PAC (IafA) 11tJ8-D/J81
PROPERTY DESCRIPTION (CONTINUED)
FEET; THENCE SOUTH 12000'00" EAST, A DISTANCE OF 205,50 FEET TO A POINT ON A
NON-TANGENTIAL CURVE; THENCE SOUlHERLY, 213.57 FEET ALONG THE ARC OF A
CIRCULAR CURVE, CONCA VB EASTERL Y, HAVING A RADIUS OF 190,00 FEET, TIlROUGH
A CENTRAL ANGLE OF 64024'14" AND BEING SUBTENDED BY A CHORD WInCH BEARS
soum 13012'59" EAST, 202.50 FEET TO A POINT ON A NON-TANGENTIAL CURVE; THENCE
SOUTIlEASTERL Y, 78.58 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE
NORTHEASTERL Y, HAVING A RADIUS OF 250,00 FEET, THROUGH A CENTRAL ANGLE OF
18000'30" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 46028'30" EAST,
78,25 FEET TO A POINT OF REVERSE CURVATIJRE; THENCE SOUlHERLY, 518.29 FEET
ALONG THE ARC OF A CIRCULAR CURVE, CONCA VB WESTERL Y, HAVING A RADIUS OF
200.00 FEET. THROUGH A CENTRAL ANGLE OF 148028'45" AND BEING SUBTENDED BY A
CHORD WHICH BEARS SOUTH 18045'37" WEST. 384.96 FEET TO A POINT OF REVERSE
CURVATURE; THENCE WESTERLY, 269.27 FEET ALONG THE ARC OF A CIRCULAR CURVE,
CONCAVE SOUTIlERLY. HAVING A RADIUS OF 350,00 FEET, THROUGH A CENTRAL
ANGLE OF 44004'50" AND BEING SUBTENDED BY A CHORD WHICH BEARS soum
70057'35" WEST, 262.68 FEET TO A POINT OF REVERSE CURVATURE; THENCE
SOUTHWESTERLY, 214.70 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE
NORTHWESTERLY, HAVING A RADIUS OF 765.00 FEET. TIfROUGH A CENTRAL ANGLE OF
16004'50" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 56057'35" WEST,
214,00 FEET; THENCE SOUTH 65000'00" WEST, A DISTANCE OF 300,00 FEET TO A POINT OF
CURVATURE; THENCE SOUTHERtY, 471.24 FEET ALONG THE ARC OF A CIRCULAR
CURVE, CONCAVE EASTERL Y, HAVING A RADIUS OF 300.00 FEET, lHROUGH A CENTRAL
ANGLE OF 90000'00" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH
20000'00" WEST, 424.26 FEET; THENCE SOUTII 25000'00" EAST, A DISTANCE OF 200,00 FEET
TO A POINT OF CURVATURE; THENCE SOUTHEASTERLY, 213,80 FEET ALONG TIlE ARC
OF A CIRCULAR CURVE. CONCA VB NORTHEASTERLY, HAVING A RADIUS OF 350.00
FEET, THROUGH A CENTRAL ANGLE OF 35000'00" AND BEING SUBTENDED BY A CHORD
WHICH BEARS SOUTH 42030'00" EAST, 210.49 FEET TO A POINT OF REVERSE CURVATURE;
THENCE SOUTHWESTERLY, 1,222.49 FEET ALONG THE ARC OF A CIRCULAR CURVE,
CONCAVE NORTIIWESTERL Y. HAVING A RADIUS OF 323,72 FEET, lHROUGH A CENTRAL
ANGLE OF 216<>22'13" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH
48011'06" WEST, 615.10 FEET; THENCE NORTH 23037'47" WEST. A DISTANCE OF 48.77 FEET
TO A POINT OF CURVATURE; THENCE NORTIIWESTERL Y, 358,68 FEET ALONG THE ARC
OF A CIRCULAR CURVE, CONCAVE SOUTIIWESTERL Y, HAVING A RADIUS OF 300.00
FEET, TIlROUGH A CENTRAL ANGLE OF 68030'10" AND BEING SUB TENDED BY A CHORD
WHICH BEARS NORTII 57052'52" WEST, 337,69 FEET; THENCE SOUTH 87052'03" WEST, A
DISTANCE OF 289.50 FEET TO A POINT OF CURVATURE; THENCE NORTHERLY, 408.96
FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE EASTERLY, HAVING A
RADIUS OF 167,21 FEET, THROUGH A CENTRAL ANGLE OF 140007'56" AND BEING
SUBTENDED BY A CHORD WHICH BEARS NORTH 22003'59" WEST, 314.38 FEET TO A POINT
OF REVERSE CURVATURE; THENCE NORTHERLY, 450,82 FEET ALONG THE ARC OF A
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Page 2014
Agenda Item No. 1689
September 13. 2005
RHODES &- RHODES LAND SURVEYING 1 INe. Page 31 of 33
,JOHN SCOTT RHODJI:S, P.8.M. THOMAS 1J. RHODJIS, PSM.
1440 RAlL IlllADBLYD. #1 NAPLllB, FLOIl/DAIHJ10
PHON.II tMa> 1lIJ8-tJ6'TtJ PM tMa> tJ1JlI-fJIJ81
PROPERTY DESCRIPTION (CONI1NUED)
CIRCULAR CURVE, CONCA VB WESTERLY, HA VJNG A RADrnS OF 315,00 FEET, THROUGH
A CENTRAL ANGLE OF 81059'59" AND BEING SUBTENDED BY A CHORD WIDCH BEARS
NORTH 06059'59" EAST, 413.32 FEET; THENCE NORTH 34000'00" WEST, A DISTANCE OF
60,00 FEET TO A POINT OF CURVATURE; THENCE WESTERLY, 551.87 FEET ALONG THE
ARC OF A CIRCULAR CURVE, CONCAVE SOUTHERLY, HA VlNG A RADIDS OF 372,00 FEET,
THROUGH A CENTRAL ANGLE OF 85000'00" AND BEING SUBTENDED BY A CHORD
WHICH BEARS NORTH 76030'00" WEST, 502.64 FEET; THENCE SOUTH 61000'00" WEST, A
DISTANCE OF 155.00 FEET TO A POINT OF CURVATURE; TIffiNCE WESTERLY, 502.66 FEET
ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE NORTHERLY, HAVING A RADIUS
OF 300,00 FEET, THROUGH A CENTRAL ANGLE OF 96000'02" AND BEING SUBTENDED BY
A CHORD WHICH BEARS NORTII 70059'59" WEST, 445,89 FEET TO A POINT OF COMPOUND
CURVATURE; TIlENCE NORTHERLY, 133.30 FEET ALONG TIlE ARC OF A CIRCULAR
CURVE, CONCAVE EASTERLY, HA VlNG A RADIDS OF 509.92 FEET, THROUGH A CENTRAL
ANGLE OF 14058'39" AND BEING SUBTENDED BY A CHORD WIDCH BEARS NORm
15030'39" WEST, 132.92 FEET; THENCE SOUTH 81058'41" WEST, A DISTANCE OF 20,00 FEET
TO A POINT ON A NON- TANGENTIAL CURVE; THENCE NORTHERL Y, 74,20 FEET ALONG
THE ARC OF A CIRCULAR CURVE, CONCAVE EASTERL Y, HAVING A RADIUS OF 529.92
FEET, lHROUGH A CENTRAL ANGLE OF 08001 '22" AND BEING SUBTENDED BY A CHORD
WHICH BEARS NORTII 04000'39" WEST, 74.14 FEET TO A POINT OF COMPOUND
CURV ATIJRE; THENCE NORTHEASTERLY, 283,15 FEET ALONG THE ARC OF A CIRCULAR
CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIDS OF 314,32 FEET, THROUGH A
CENTRAL ANGLE OF 51036'50" AND BEING SUBTENDED BY A CHORD WHICH BEARS
NORTII 25048'27" EAST, 273.67 FEET; THENCE NORm 51036'51" EAST, A DISTANCE OF
337.35 FEET TO THE POINT OF BEGINNING.
CONTAINING 89.96 ACRES, MORE OR LESS.
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
BEARINGS ARE BASED ON TIlE WEST LINE OF SECTION 23, TOWNSHIP 48 SOum, RANGE 27
EAST, BEING NORTII 00000'02" EAST.
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Page3of4
Agenda Item No, 1689
September 13, 2005
RHODES &- RHODES LAND SURVEYING, ING. Page 32 of 33
J.OHN SCO'17' RHODES, P.S.M. THOMAS E. RHOD8S, PS.M.
14M} RAILHEAD BLVD. #1 NAP.LIlS, FLORIDA 34110
PHONE aatJ) 1JI1.HJ67D FM (6.t9) 1JIJ.t-tJlJ81
RHODES & RHODES LAND SURVEYING, INC.
FLORIDA BUSINESS AUTIlORIZATION NO, LB 6897
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PROFESSIONAE SURVEYOR AND MAPPER
STA1BQF-FLOW.(j:;TCENSE NUMBER 5854
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NOT VALID WITHOUT 1HE SIGNATURE AND
1HE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER
R&RFILENO.2000-1050UPDATEl
DATE: 0811012005
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Agenda Item No. 16B10
September 13, 2005
Page 1 of 22
EXECUTIVE SUMMARY
Recommendation to approve an Agreement for Replacement of Access and Parking
associated with the six-Ianing of Collier Boulevard (CR 951) from Golden Gate Boulevard to
Immokalee Road. (project No. 65061, Capital Improvement Element No. 37). Fiscal Impact:
$5,000.00
OBJECTIVE: To approve a three-party Agreement for Replacement of Access and Parking in
order to avoid having to relocate the existing AT&T fiber-optic regeneration facilities located
within the proposed right-of-way required for the construction of the six-Ianing improvements to
Collier Boulevard,
CONSIDERATIONS: Just north of the new loop road around the Mission Hills shopping center at
the northwest comer of Vanderbilt Beach Road and Collier Boulevard, located on property owned
by Richard and Frances Craig, there exists a fiber-optic telecommunications regenerator, housed
within a small concrete building, and located within easements held by AT&T, Attached to the east
side of the building, is a fenced parking area, nearly all of which is located in the path of the new
sidewalk and right turn lane. The building itself, while located within the proposed right-of-way, is
not directly in the path of the proposed roadway improvements and may remain in its present
location as long as replacement access and secure parking can be provided, Alternatively, the cost
to relocate this building was estimated by the AT&T representatives to be 1.5 million dollars, It is
in the County's best interests, therefore, to enter into an agreement whereby the building may
remain in its present location.
The Agreement for Replacement of Access and Parking contains the understanding that the County,
AT&T and the Owners have negotiated in order to avoid relocating the building, A new parking
area was designed on west side of the building, The Owners have agreed to grant a temporary
access easement to the new parking area now, and in the future to grant a perpetual, non-exclusive
access easement to AT&T once they have constructed permanent access to their development.
AT &T will provide security to the replacement parking area and will then subordinate its interest in
the existing easements areas that are currently required for the construction of the improvements to
Collier Boulevard.
The Agreement for Replacement of Access and Parking also addresses the aesthetics of the future
building and gives the Owners, with the cooperation of AT &T, the ability to incorporate the new
replacement parking area into the Site Development Plan for the Owners' remaining property
adjacent thereto, The Owners may then provide architectural improvements to the exterior of the
existing AT&T building and the fencing/wall securing the parking area, which conforms better with
the particular landscaping and/or architectural theme(s) on Owners' adjacent property,
FISCAL IMPACT: Total expenses will not exceed $5,000.00 for the limerock parking area and
temporary access and 200 If of 6' chain link fence & gate, Source of funds are impact fees and
gasoline taxes, As previously stated, the alternative to this relatively small expenditure over the
cost of the roadway improvements, would have been in excess of $1,000,000,
-
Agenda Item No. 16810
September 13, 2005
Page 2 of 22
GROWTH MANAGEMENT IMPACT: As the Collier Boulevard six-Ianing project is a part of
the Transportation Element of the County's Comprehensive Plan, this recommendation is consistent
with the County's Growth Management Plan,
RECOMMENDA TION: That the Board of County Commissioners of Collier County, Florida:
1. Approve the attached Agreement for Replacement of Access and Parking and authorize
its Chairman to execute on behalf of the Board said Agreement for Replacement of
Access and Parking in substantially the same form, under the same terms and conditions
relative to the obligations of the parties thereto, and after the approval by the County
Attorney,
2, Authorize the County Manager or his designee to take the necessary measures to ensure
the performance of the Agreement; and
3, Authorize any and all budget amendments, which may be required to carry out the
collective will 0 f the Board.
Prepared by Debbie Armstrong, TECM - Right-of-Way
Attachment:
Agreement for Replacement of Access and Parking
1....._:
Item Surnmlry:
MHling Data:
Agenda Item No. 16610
September 13, 2005
Page 3 of 22
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16810
Recommend.lion to 8j:lpro'Ve en Agreement for Replacement 01 Aoce,. l'Ind PlIrldna
associated with the Ihc-lenin" of Collier Boulevard (eR 9S1) ftom Golden Gate Boulevard to
Immokflllle Rand. (F'rojeot No. 65061, Capttellmprol!ement Element No. 37). Fiscllllmpact:
S5.000.00
9/1312005 9:00:00 AM
Dot.
Approved B)'
a.ry Putsantuu
Transportation Services
S.nlor Project Manager
Tra"sporutlon Engineering and
Conttruction
8123/2005 2~32 PM
0...
Approved By
Jay Ahmad
Tra"lportlltlon Sttrvlcas
Oimetor
1 ra"lIpOfUltlon EnglnMrtng &
Construction Management
812312005 2:34 PM
U..T.VIOI'
MIl"Ig.ment/Budgo1 Analyst
Date
Approved By
Transportation 8Mvlcea
Tro"lIport4tion Adminllftrlltlon
0123{2005 2:.&8 PM
Approved By
Norm E. Feder, A1CP
Transport.lon ServlC4la
0...
Transportation Olwlllon Admtnlstretor
Tr.".portatlon Servlees Admin.
8/23120053:49 PM
0'"
Approved By
Kevin Hendricks
Transportation Serwlee.j,
Right Of Way AcquillJtion MlInager
Trllntlportm:lon Engineering IInd
ConstrulrtlPl'l
812312005 3:50 PM
Accounting Supervisor
0...
APllfoved By
Sharon Newman
Transportation Services
Pill Lehnh.rd
Tranl.port.tfon Admlni.trlltlon
8(2412005 ..: 12 PM
Approved By
Tran.portlltion S.rwlcH
E.xCtCutlvltSl'cretlillry
Trnn.portatlon Sf,lrY/CH Admin
0...
812G12005 9:00 AM
Apprt)\'ed By
OMB Coordinator
Coonty Mlilnager'a Office
Approved B)'
Suaan Usher
County M.nlilger's Onlclt'l
Administrative AtI5lstant
Dot.
Office of Management & Budget
6I29r.!005 9:29 AM
Senior Manag8mentIBl.Jdglfl Analytt
D...
Office- of Mana98mf1nt & Budget
6l3012oo5 2:22 PM
Manllgement & Budg81 OIreCltor
0...
Approved By
Mlchaetl Smykow.kl
County M,QIUlgor'1 omce
0ffI0It of Management & Budget
8131rlOOt'.i 12:35 PM
County Managar
0'"
Approved By
Jallllel V. Mudd
Board 01 County
Commlnlone"
County Manllger's O1fIoe
9f212005 2;12 PM
Agenda Item No. 16810
September 13, 2005
Page 4 of 22
PROJECT: Collier Blvd. #65061
PARCELS: 531 & 931
AGREEMENT FOR REPLACEMENT OF ACCESS AND PARKING
THIS AGREEMENT, is made and entered lnto this day of
, 2005, by and between American Telephone & Telegraph
Company (hereinafter referred to as "AT&T"); Richard D. Craig and Frances A. Craig
(hereinafter referred to as .Owner"); and Collier County, Florida, a political subdivision
of the State of Florida (hereinafter referred to as "County").
WHEREAS, AT&T is the owner and holder of the easements described in OR
Book 1277 Page 1573 and OR Book 1725 Page 913. attached hereto as Exhibit "A"
and incorporated herein by reference (hereinafter referred to as the "Existing
Easement"); and
WHEREAS, Owner is the record title holder to the fee interest in that certain
property described as: the South % of the South % of the Northeast % of the Southeast
%, Section 34, Township 48 South, Range 26 East, Collier County, Florida, less and
except the East 1 00 feet thereof; and
WHEREAS, the County Is acquiring from Owner a fee interest in the proposed
right-of-way required for the expansion of Collier Boulevard (hereinafter referred to as
"Parcel No, 131"), the legal description for which Is attached hereto as Exhibit "B" and
incorporated herein by reference; and
WHEREAS, a portion of AT&T's Existing Easement containing the Iightguide
regenerator telecommunications equipment building (herein referred to as "Building"),
and the parking therefor, lies within Parcel No, 131; and
WHEREAS, AT&T and County desire to preserve the location of the Building
within the Existing Easement and Parcel No. 131. and to re-establish a new access and
parking area designated as Parcel No, 931, as described In Exhibit "CO; and
WHEREAS, Owner is conveying to County a fee interest in that certain property
described in Exhibit "C. (the terms and conditions of said conveyance being included in
a separate agreement between Owner and County), so that County may construct for
AT&T a replacement parking lot to serve the Building; and
WHEREAS, County agrees to grant to AT&T an exclusive easement for access
and parking over the lands described in the legal description for Parcel No. 931; and
WHEREAS, Owner desires to convey to AT&T a Temporary Access Easement
from the Misslon Hills Loop Road (Tract "A" according to the plat of Mission Hilts
Shopping Center, recorded in Plat Book 41, Page 26, of the public records of Collier
County, Florida) to the parking lot to be constructed within Parcel No, 931, said
Temporary Access Easement hereinafter referred to as "Parcel No, 531" (the
description of which is attached hereto and made a part hereof as Exhibit "0"); and
WHEREAS, both Owner and AT&T desire to replace Temporary Access
Easement Parcel No, 531 with a perpetual easement for access to Parcel No, 931
beginning at a location further to west along the Mission Hills Loop Road, and
proceeding through and across the paved driveways and parking areas of the future
development on Owner's remaining lands, which perpetual easement in favor of AT&T
may be dedicated by plat, or by separate instrument, no later than the date that the first
certificate of occupancy is received for the buildings to be constructed on Owner's
Remaining lands; and
WHEREAS, both Owner and AT&T agree that the Temporary Access Easement
Parcel No, 531 shall automatically terminate upon the recording of the plat containing
the above"referenced dedication in the public records, or upon the grant of easement
from Owner to AT&T by separate instrument; and
Agreement for Replacement of Access and Parking
Agenda Item No. 1 6810
Septem];)er 1:t 2005
~I!ll@ ~ af 22
WHEREAS, AT&T shall terminate all that part of their Existing Easement located
across the real property described in the attached Exhibit "E",
NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars
($10,00) and other good and valuable considerations, the receipt and sufficiency of
which are hereby mutually acknowledged, It is agreed by and between the parties as
follows:
1) All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below, and all Exhibits referenced
herein are made a part of this Agreement.
2) Owner shall convey to County a fee simple Interest In the property described as
Parcel No, 931 (hereinafter referred to as the "Replacement Parking Area") to replace
AT&T's current parking area located within the proposed Collier Boulevard Right-of-Way
(the terms and conditions of said conveyance shall be included in a separate Purchase
and Easement Agreement between Owner and County), The legal description of said
Replacement Parking Area is attached hereto and incorporated herein as Exhibit "C",
3) The County shall construct a. new lime-rock parking area on the Replacement
Parking Area and shall Install a security wall or fence around the Replacement Parking
Area at a minimum height of 6 feet.
4) The County shall grant an Exclusive Access and Parking Easement to A T& T over
the lands described In the legal description for Parcel No, 931,
5) The County shall, at its expense, construct a temporary Iimerock access driveway
on Parcel 531 (Exhibit "0") to be utilized by AT&T during construction of the roadway
improvements, and Owner shall grant to County a temporary construction easement for
said temporary access driveway, which shall expire upon replacement by the
development of Owner's adjacent property and the construction of paved driveways and
parking areas, which will provide AT&T with access from the public right-of-way to the
parking area,
6) The Owner shall convey to AT&T a non-exclusive Temporary Access Easement
across Parcel No, 531 (attached hereto as Exhibit "0"), to be replaced with a non-
exclusive Access Easement granted to AT&T by the Owner for access through the
adjacent property to the Replacement Parking Area, either by plat dedication, or by
separate instrument no later than the date that the first certificates of occupancy are
received for the future buildings to be constructed on Owner's remaining lands,
7) Owner shall incorporate AT&T's new Replacement Parking Area into the Site
Development Plan for Owner's remaining property adjacent thereto, and, at Owner's
sole expense Owner may elect to replace the fence / wall erected by County with a
fence or wall which provides the same level of security for AT&T's facilities and/or
architectural improvements to the exterior of the existing building, but which conforms
better with the particular landscaping and/or architectural theme(s) on Owner's adjacent
property. Owner and AT&T agree to cooperate fully with one another in this regard;
however, no improvements will be made to AT&T's building without its written consent.
8) AT&T shall: (a) provide its own lock(s) to secure the Replacement Parking Area;
(b) modify the doorway into the Building by relocating the doorway from the east side of
the Building to the west side of the Building; (c) waive any objection to County's
removal of the existing chain link fence during the roadway construction; (d) accept a
temporary Iimerock access to the parking area during construction of improvements to
Collier Boulevard, and during development of the adjacent property; (e) accept
alternate access through the adjacent property to the Replacement Parking Area; (f)
terminate all that portion of the Existing Easement located north, east and south of the
Building by providing County with a properly executed Termination and Reiease within
90 days hereof; (g) consent to County's construction of a concrete barrier wall, between
Agreement for Replacement of Access and Parking
Agenda Item No. 16810
September 13.. 2005
PIgt 0 of 22
the proposed pUblic sidewalk and the Building, with "wing walls. attached at either end;
and (h) waive and release County from all damages, claims, actions, costs or fees
resulting from the acquisition and use of the lands and lor easements described as
Parcel Nos, 131,531,931 and 731,
9) AT&T and OWner shall provide the County and its contractors, agents and other
representatives with unrestricted right and privilege to enter upon that property
described as Proposed Right-of-Way Parcel No, 131, Replacement Parking Area
Parcel No, 931, Temporary Access Easement Parcel No, 531, and the Existing
Easement, as may be necessary to perform the construction work for the roadway
improvements, the barrier and wing walls, and the installation of the temporary Iimerock
access and parking area as covered by this Agreement.
10) The County and its contractors shall not unreasonably interfere with ingress and
egress to and from AT&T's remaining lands during the period of relocation and/or
construction,
11) Notices to be served upon any party in connection with this Agreement shall be
deemed received by the parties when sent by certified or registered mail, retum receipt
requested. or by facsimile, with written confirmation of transmission, at the following
addresses and numbers, Each party will be responsible to notify all other parties In
advance and in writing of any changes to the information below,
As to Owner:
Kenneth A. Jones, Esq,
Roetzel & Andress
2320 First Street
Fort Myers, FL 33901-3419
Tele:
Fax:
As to County:
Collier County Transportation Dept.
Attn: TECM, Right-of-Way
2885 S. Horseshoe Dr,
Tele: 239-774-8192
Fax: 239-213-5885
As to AT&T:
Tele:
Fax:
12) The County shall save, protect, and hold harmless Owner against any loss,
damage, injury, debt or expense claimed or asserted by any person or entity ariSing out
of the construction activities on Owner's land as are contemplated by this agreement.
13) Both OWner and AT&T are fully aware and understand that all .offers" to perform
represented by this Agreement are subject to ratification and approval by the Board of
County Commissioners of Collier County, Florida. If this Agreement is not ratified and
approved by the Board on or before September 13, 2005, all obligations under this
Agreement shall terminate and be null and void.
14) The obligations of the parties to this Agreement are contingent upon no other
provisions, conditions, or premises other than those stated in this Agreement and in
that certain Purchase and Easement Agreement between County and Owner as
referenced in Paragraph 2 above; and this Agreement, including all exhibits attached
hereto, shall constitute the entire agreement and understanding of the parties, There
are no other prior or contemporaneous written or oral agreements, undertakings.
promises, warranties or covenants not contained herein,
Agreement for Replacement of Access and Parking
Agenda Item No. 16810
SeptNl;!ar413, 2005
r;age 7 of 22
15) This Agreement and the tenns and provisions hereof shall be effective as of the
date this Agreement is executed by all 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{s), and assignees whenever the context
so requires or admits.
IN WITNESS WHEREOF. the parties hereto have executed this Agreement on
this _ day of ,2005,
AS TO COUNTY:
ATTEST:
DWIGHT E, BROCK, CLERK
, Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
Fred W, Coyle, Chairman
AS TO AT&T:
AMERICAN TELEPHONE & TELEGRAPH
COMPANY
By:
Randall Poyner, V,P,
Area Manager
WITNESS (Signature)
Name (Print or Type)
WITNESS (Signature)
Name (Print or Type)
AS TO OWNER:
~Q~
IT EBB (Signature)
--;--..
S
CJ. -LA 7), ~
RICHARD D. CRAIG
,/
EBB (SIgnature)
/11' 'j-j, c)V' J': M, J ~v:f-
Name (Print or Type)
.
~~~
F NCES A, CRAIG ~
Approved as to form and
legal sufficiency
b \:!~
Ellen T, Chadwell
Assistant County Attorney
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Agenda Item No. 16810
September 13, 2005
Page 8 of 22
EXHIBIT A
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eptember 13, 2005
Page 9 of 22
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EXHIBIT ..A.-
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1____
L.J [89'51'33' Ptember13'20;5
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RICHARD D. AND FRANCIS A. CRAIG
O.R. BOOK 2107. PAGE 1174
...
en
ob
... 0
. ....
FTl......
--------------------------------------------- L i 70
LEGAL DESCRIPTION
A portion of the South 1/2 of the South 1/2
of the Northeast 1/4 of the Southeast 1/4 of
Section 34, Township 48 South. Range 26
East. and being a portion of tho.. lands
described in O.R. Book 2107, Page 1174, of
the Official Records of Collier County, Florida.
being more particularly described as follows:
Commencing Clt the EClst 1/4 corner of
Section 34, Township 48 South, Range 26
EClst; thence N.89'S1 '33"W. along the North
Itne of the Southeast 1/4 of sold Section 34,
o distance of 100.09 fSllt to Its IntersecUon
with the WesteMy right-of-way line of County
Rood 9~1 (Collier Boulevard); thence
S.02' I 6'01 "E. along Bold right-of-way line, 0
distance of 1,004.15 feet to the POINT OF
BEGINNING; thence continue S.02'16'OI"E. along
sold line. a distance of 334.72 feet to Its
Intersection with the South line of the South
1/2 of the South 1/2 of the Northeast 1/4
of the Southeast 1/4 of eoid Section 34;
thence N.8S'49'11"W. along laid South line, 0
distance of 64.06 feet; thence N.02'16'01"W"
o distance of 334.71 feet to its intersection
with the North line of the South 1/2 of the
South 1/2 of the Northeast 1/4 of the
Southeast 1/4 of sold Section 34; thence
S.69'49'47"E. along eald North line, 0 distance
of 64.06 feet to the POINT OF BEGINNING.
Containing 21,422.33 square fSllt or 0.4918
acres, more or less.
LINE
L16S
L170
LINE TABLE
LENGTH
64.06
64.06
NOTES:
l
I
\
\
\
\
1. This Is not a survey.
2. Boels of bearinll Is the West line of County
Rood 951 (C.R. 951) being S 02'16'01" E. Florida
State Plane Coordinates NAD 83/90, East Zone.
3. Subject to eosements, reservation. and
restrictions or record.
4. Easements shown h.reon ore per plat, unle..
otherwise noted.
5. ROW represents Right-of-Way.
6. P .O.B. represents Point of Beginning.
7. P.O.C. represent. Point of Commencement.
B. O.R. represenb Official Records.
9. LB.E. represente Landscape Buffer Easement.
10. U.E. represents Utility Easement.
EXHIBIT..&..
Pege-L of-L-
f5"~. \
DAVID J. HY . P; . .. (FOR THE FIRM)
F'LORIDA Lie.! NO. 5834
"l-;.q-o ). ! ~DATE SIGNED)
NOT VALlO WITHOUT T"!,E SIGNATURE AND THE
ORGINAL'RAISEO SEALI OF A FLORIDA LICENSED
suRvEYOR AND 'MAPPER.
eERTIFI~TE OF AUTHORIZATlqN. LB '43
N
~
O:z:liOO 100
GRAPHIC SCALE
PIlOJECT NO" 65061 PNlCl:l. NO. I 1.31
W11.MIIIB'-'~UO-
".,...................... ...........~...... . ~~
1I'IIcnIlIw, m
......,..........=_IIIf.r.'_~.:...__ DrI/ZOQJ
Sap 23. 200lI - 'll'.Be,~ 1l1.AM11lU:lK;\IMl\NlOle\ealodl00.c1w9
I
zoo
COLLIER COUNTY DEPARTMENT
OF TRANSPORTATION
PfOO.IECT NO.
N!OJ5-005-000
SKE:TCH de DESCRIPTION
11U: NO.1
2L 812
RICHARD 0, AND FRANCIS A. CRAIG
O.R. BOOK 2107, PAGE 1174
LEGAL DESCRIPTION
A portion of th. South 1/2 of the South 1/2 of the
North.ost 1/4 of the South.ast 1/4 of Section 34,
Township 48 South, Rang. 26 East, and being 0
portion of those lands described in O.R. Book 2107,
Page 1174, of the Official Records of Collier County.
F'lorida, being more particularly d.scribed 01 follows:
Commencing the South.ast corner of the North.ast
quarter of the Southeast Quarter of soid Section .34
Thence North 89"49'11" West alon; south line of th.
north.ast quarter of the southeast quarter of said
Section 34 a distance of 100.09 feet to its
intersection with the Westerly ri;llt-of-way lin. of
County Road 951 (Collier Soulevord) thence continue
olon; said south lin. North 89"49'11. West 64,06
feet; Thenc. North 02'1S'01. We.t, a distance of
25.02 feet to the F'OINT OF BEGINNING: thence North
89"49'11" West, 0 distance of 5.00 feet: thencs South
02' 1 S'01" East, a distanc. of 20.02 f.et; thence
North 89'49'11" Wesl, a distance of 38.04 feet;
thence North 02'16'01. West, a distance of 50.05
feet to its interlllction with a line lying 55.00 f.et
North of as m.asured at right angl.. to lhe South
lin. of the northeast quarter of the southeast quarter
of said Section 34; thence South 89"49' 11. East.
along !taid line a dislance of 43.04 f.et; thence
South 02'16'01" East, a distance of 30.03 feet to
the F'OINT. O~. SEGJN,f\/ING.
ContainiQv-'.,~1.65~.8'7 .Squ. are feet or 0.0471 acres,
more .ar less.
~Ub 'Iet. ;.P.PJitnill.}(~nd restriction. of record.
I\, _./ ".. e;"
10. t.:Il
DAViD- J: PtTI. .:S.lk (FOR THE FIRM)
FLOR/[i)1\ C. N": 5~S4
,. )
1(, If'. .'
NOT VAU(\"WITHOIJr THE SIGNATURE AND THE
ORGINAL RAlSE:DSEAL OF' A FLORIDA LICENSED
SURVEYOR AND MAPPER.
CERTlF'ICATE OF' AUTHORIZATION LB #43
08/04/05
08/02/05
03/07/05
01/05
UPDATED PER COUNTY COMMENTS
UPDATED F'ER DESIGN CHANGES
UF'DATED PER COUNTY COMMENTS
UPDATED PARCEL NUMBER
POO4CT HO~ 65061
>MCEI. NO. :
931
r""""."".'--
- ~ ...... .........~- ......--
~Inc.
'- ""..... - - ...
_.,lIw,M. ..._,,_,__ ,._ __
Mo. 24, 2004 - lJ:oe:u ULAMURElx:\5UR\N6015\95hd100.dw9
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100.CII'
164.15'
I
~.
LINE TABLE
LENGTH
25.02
5.00
20.02
38.04
50.05
4 ,04
30.03
NOTES:
1. Thi. i. not 0 .urvey.
2. Ba.is of bearing is the W..t line of Counly
Road 951 (C.R. 951) b.ing S 02'16'01. E. F'lorido
State Plane Coordinates NAG 83/90. East Zone.
3. Subject to .os.m.nts, reservations and
restrictions or record.
4. Ea.ement. shawn hereon ore per plat. unl...
otherwise noted.
5. ROW represents Right-of-Way.
6. F'.O.B. represents Paint of Seginning.
7. P.O.C. repre.ent. Point of Commenc.ment.
8. O.R. represent. Official Records.
9. L.B,E. represents Land.cape Buffer Easem.nt.
10. U.E. represents Utility Ea.ement.
EXHIBIT .~
Page-L "...1..-
I
IOC
COW(R COUNTY DEPARTMENT
OF mANSPOlfT'ATlON
SKrrcH ~ DESCRIP770N
09/2oo~
PllOoIlCT NO.:
N60 1$-00$-000
ru NO.1
2L-812
RICHARD D. AND I'RANC1S A. CRAIG
O.R. BOOK 2107, PAGE 1174
I
I
h
I :.:
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Se~tember 13, 200~
\ Page 21 of 2 \
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01
I 0:;
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yy
LEGAL DESCRIPTION
A portion of the South 1/2 of the South 1/2 of
the Northeast 1/4 of the Southeast 1/4 of Section
34, Township 48 South, Ronfjle 26 East, and b.lnfjl a
portion of tho It landl dllcribed in O.R. Book 2107,
Pafjle "74. of the Official Records of Colli.r County,
F"lorida. beinfjl mar. particularly deacrlbed os follows:
Comm.ncing the South.ost corner of ths Northeast
quorter of the Southeast Quarter of said Section 34;
Thenc. North 89'49"1" W..t along south li"e of the
northealt quarts,. of the loutheast quarter of said
Section 34 a distance of 100.09 feet to its
int.rsection with the W.st.rly right-of-way line of
County Road 9~1 (Comer Boulevard) thence continue
along said south line North 89'49' 11" West 135.13
feet to the POINT OF BEGINNING: thence North
89'49'11" W.st, 0 distonc. of 16.00 feet; thence
North 00' 1 0'49" East. 0 distanc. of 40.00 f..t:
thence North 38"00'50" East. a distance of 18.99
feet to its intersection with 0 line Iyinfjl 55.00 feet
North of os measured at right anfjll.. to the South
line of the northeost quarter of ths southealt
quarter of said Section 34: thence South 89'411'1'"
East. along said line 0 distance of 30.03 feet;
thence South 02'16'01. East. a distance of 16.01
feet; thence North 89'49'11. W..t, 0 distance of
15.ot feet; thence South 41'17'45" West, a diltonce
of 17.26 feet: thence South 00'10'4Sl" West, 0
distance of 26.00 feet tll the POINT OF" BEGINNING.
Containing ',282.S8 Iquare feet or 0.0294 acres,
more or I.....
SUb'ect to .acUmlln.ts restrictions of record.
DAVID J. 'fA. ,).5. R THE FlRM)
F"LORIOA LIe 2;1~' 58,~ -0' I
"if ."..:rj
,.:- ...y:
NOT VAUD:W\T;iOUT' ~ .sIGNATURE AND THE
ORG1NAL RAISE!) tStAl... OF" A F"LORIOA. LICENSED
SURVEYOR ANo-"M~PPER. .
CERTIF'ICATE OF' AUTHORIZATION LB '43
LINE
Ll
L2
L3
L4
LS
L6
L7
LB
LINE TABLE
LENGTH
16.00
40.00
18.119
30.03
16.01
15.01
17.26
26.00
NOTES:
EXHIBIT 0
-
.........l- of...,L
1. This is not a IUrvey.
2. Basis of bearing is the Ws.t line of County
Rood 951 (C.R. 9~1) beinfjl S 02'16'01. E. Florida
State Plane Coordinate. NAD 83/90. East Zone.
3. Subject to eosementl. reservations and
restrictions or record.
4. EOllments .hown hereon ore per plot. unle..
otherwise noted.
5. ROW represents Rifjlht-of-Way.
6. P .O.B. represents Point of eellinninfjl.
7. P.O.C. repr...nt. Point of Commencement.
8. O.R. represents Official Record..
9. loB.E. represents Landscope Buffer Easement.
10. U.E. represents Utility Ea.ement.
N
..~ I
o "~m ~
GRAPHIC SCALE
COWER COUNTY DrFWmtIOO
OF' T'RAHSPORTATlON
_t NO.1 ~61 ~ NO. I 531
WiI.....~~-
........ ...... ....... ........~..... ---
WIIIlWlMlI/iIr. /lie.
___.... ...,:r-=~~::"" _~_ ~/200~
Mar 24, 2004 - ":08:44 "'LAMU~~IX:\SuR\N8Dl!\g!"a'OO.a"v
~THO.l
N601fj-005-000
SKEJCH I: DESCRIPT10N
IU NO.
2L-812
Agenda Iten:' No. 16810
. Page 22 of 22
~ . jt'J_&~.?1:~":~ \
'0 In l 100.09'
~ -;~-_... P.O.C.
"'0 \
~ ~ P.O. 1
vi I I I
----------------------------------------------
RICHARD D. AND F'RANCIS A. CRAIG
O.R. BOOK 2107, PAGE 1174
z
o
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L174
L17J
L172
----------------------------------------------
L171
LEGAL DESCRIPTION
A portion of the South 1/2 of the South 1/2 of the
Northeast 1/4 of the Southeaet 1/4 of Section 34,
Township 48 South, RanQ' 26 Eost. and beinQ a
portion of thon lands d..crlb.d in O.Ft Book 2107,
POQe 1174, of the Officiol Record. of Collier County.
Florida. being more particularly d.scrlbed os follows:
Commencing at the East 1/4 comer of Seclion 34,
Township 48 South, Ran;e 26 Ea.t: thence
N.89'51'33.W. alan; the North lin. of the Southeaet
1/4 of .oid Section 34, a distanc. of 100.09 flit to
its Intersection with the West.rly right-of-way line of
County Road 951 (Collier BOlll....ard); thence
S.02'16'01. E. alon; said rl;ht-of-woy line, 0 distance
of 1,004.15 feet to the POINT OF BEGINNING; thence
continue S,02'16'OI.E. along said line, 0 distance of
334.72 feet to Its Intereection wllh the South line of
the South 1/2 of the South 1/2 of the Northeast 1/4
of the Southeast 1/4 of sold Section 34; thence
N.89'4S'11.W. alan; said South line, a diltance of
64.06 reet: thence N,02'15'01.W., a diltance of 25.04
feet; thence N.87'43'5S" E., a dietonce 01 15.31 feel;
thence N.02'1S'01.W" a distance of 17.32 leet: thence
S.87'43'59.W.. a distance 01 15.31 feet; thenee
N.02'15'01.W.. a dietonce of 291.35 feet to lts
intersection with the North line of the South 1/2 of
the South 1/2 of lh. Northealt 1/4 of the Southealt
1/4 of said S.ction 34; thenc.. S.89'49'4/E. along
laid North line, 0 distance of 54.06 feet to the POINT
OF BEGINNING.
Contoinin; 21.156.48 square flit or 0.4857 acres.
more or I....
FIRM)
1. REVISED PER COUNTY COMMENT 7-01-05
,t\OJtCT 100"65061
Wi,.,.,Ifii-.ftW-
- ...... ...... .....,... ~- ---~
~Ino. .
.... iOool.,... _ _ ,...
_..",.~.... __lIlINDI._ _,.~ ___
Idar 24. 2004 - tJ:ot\:.. MLAr..tUAF."X:\!I'IJR\Nfllin,,,\Q,,-..4UV' .........
I
----------
I
LINE TABLE
LENGTH
64.05
&4.06
2 .04
15.31
17.32
15.31
1. Thil Is not 0 sllrvey.
2. Basis of b.arin; il the West line of County
Rood 951 (C.R. 951) b.ing S 02'16'01. E, Florida
State Plan. Coordinate. NAD 83/110, Eoet Zone,
3. Subject to ea.ement., r..ervotions and
restrictions or record. '
4. Eoumentl shown h.reon ore per plot, unl...
oth.rwise noted.
5. ROW repre.ents Right-of-Woy.
e. P .O.B. repr.s.nts Point 01 Se;innino.
7. P.O.C. represents Point of Commenc.m.nt.
8. O.R. r.pre..nt. Official Records,
9. L,S.E. r.pr.sent. Londscope Sllffer Easement.
, O. U.E. r.presents Utility EOllment.
4
N
1-
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a to 110 100, '
OIW'HIC SCALE
EXHIBIT L
....-1- of.-l-
I
zoo
COWER COUMY OE:P~
OF TIWISPORTAnON
SKlrrCH . DESCRIPTION
09/2003
I'tI04CT NOJ
N601.5-oo5-000
--
.-
.---
Agenda Item No. 16B11
September 13, 2005
Page 1 of 3
EXECUTIVE SUMMARY
Recommendation to approve a budget amendment in the amount of $90,000 to the Collier
Metropolitan Planning Organization's (MPO) Operating Budget for FY 2005/06
OBJECTIVE: To obtain Board of County Commissioners approval of a budget amendment in
the amount of $90,000 to the Collier Metropolitan Planning Organization's (MPO) FY 2005/06
Operating Budget.
CONSIDERATIONS: On June 14,2005, the Board of County Commissioners approved the
MPO's FY 2005/06 Operating Budget, which began on July 1 st. The amount of new Federal
Highway Administration Planning "PL" grant funding to be received in FY2005/06 is $379,320
with an additional $250,500 being carried over from previous fiscal years for major efforts such
as the 2030 Long-Range Transportation Plan update and Comprehensive Pathways Plan. Since a
greater proportion of these consultant contracts are being conducted in FY 2005/06 than what
was projected in March 2005 (when FY 2004/05 Federal funds not expected to be spent by June
30, 2005 were de-obligated), staff is recommending that $90,000 be re-allocated from staff
salaries and associated expenses to consultant services. The attached excerpt from the MPO's
FY 2005/06 Unified Planning Work Program (UPWP) details how the FY 2005/06 PL funds are
recommended to be re-allocated to consultant services and among planning tasks. The Collier
MPO Board approved this 2005/06 UPWP amendment at its July 27, 2005 meeting. It should be
noted that these budget amendments are being made within existing funding levels and that no
budget increase is being requested.
FISCAL IMPACT: A budget amendment is needed to transfer funds from Personal Services
to Operating Services within the MPO Budget. The requested budget amendment does not
change the overall funding levels contained in the Collier MPO FY 2005/06 Operating Budget.
GROWTH MANAGEMENT IMPACT: This request is consistent with Collier County's
Growth Management Plan.
RECOMMENDATION: That the BCC approve the MPO's amended FY 2005/06 operating
budget and the necessary budget amendment.
Prepared by: Charles Barmby, AICP, MPO Director
Attachments: (1) Tables I from the Adopted 2005/06 MPO Unified Planning Work Program
(UPWP), (2) Budget Amendment Form relating to FHW A PL Planning Grant.
Aaenda Item No, 16811
~ September 13, 2005
Page 2 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
1681\
Recommendabon for BCC approval of FY 2005/06 MPO Operating Budget amendment. 10
re-allocate $90,000 from staff salary and relAted expenses to consultant services.
9/1 >12005900:00 AM
Meeting ON:
Prepared By
Charles Barmhy Principal Planner Date
Transportation Services Tr8naportlltlon Planning 8/23120052;22;02 PM
Approved By
Norm E. Feder, AICP Transportation Division Administnrtor D...
Transportation Services Transportation Services Admin, 8/2312005 3:50 PM
Approved By
Donald L, Scott Transport.ltion Planning Director Oat.
Tronsportation Services Transportntian Planning 8123/20054:55 PM
Appruved By
Sharon Newman Accounting Supervisor Oat.
Transportation Services Transportation Administration 812412005 5:34 PM
Approved By
Pat Lehnhard Executive S&Cretary Oat.
Transporttrtion Services Transportation Services Admin 3125120059:02 AM
Approved By
OMS Coordinator Administrative Assistant Dolo
County Manager's: Otnco Office of Management & Budgat 8129/2005 9:30 AM
Approved By
Mark Isack_on Budget Analyst Date
County Manager's Office Office of Management & Budget 15129/200510:23 AM
Approved By
MiehOO'1 Smykowski Management & Budget Director Oat.
County Manager's Office Office of Manllgement & Budget 912120054:39 PM
Approved 8y
J.~a V. Mudd County Manager Date
BoatO of County
COlnm!t>sioners County Manager'. omce Sl/212005 5:42 PM
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Agenda Item No. 16C1
September 13, 2005
Page 1 of 29
EXECUTIVE SUMMARY
Recommendation to convey a Utility Easement and an Access Easement to the Water-Sewer
District for ten public water supply well sites, associated pipeUnes, and access on property
owned by Collier County within the Henderson Creek Canal corridor at an estimated cost
not to exceed $185.00, Project 708921.
OBJECTIVE: That the Board of County Commissioners of Collier County, Florida (Board),
convey a Utility Easement and an Access Easement to the Board of County Commissioners of
Collier County, Florida, as the Governing Body of Collier County and as Ex-Officio the
Governing Board of the Collier County Water-Sewer District (District). The public purpose is to
provide easements required for the construction and maintenance of utility improvements and
facilities for the South County Regional Water Treatment Plant Reverse Osmosis Wellfield
Expansion to 20-MGD (project).
CONSIDERATIONS: This Project has been identified as one of the capital improvement
projects required under the 2003 Water Master Plan Update adopted by the Board on May 25,
2004, Agenda Item 10 D, The Project involves the construction of raw water mains and wells that
will provide an additional yield of sixteen (16) MGD of raw feedwater to supply the proposed 12-
MGD reverse osmosis expansion at the South County Regional Water Treatment Plant
(SCRWTP), which expands the total reverse osmosis fmished water production capacity to 20
MGD, An overall Project Timeline is attached.
On May 10,2005, Agenda Item 10 C, the Board approved a resolution authorizing the acquisition
and condemnation of the necessary rights and interests required for the Project. The attached Well
Location Plan (Figures 2A and 2B) shows the approved wellfield alignment and well site
locations.
Ten ofthe well sites (Nos, 1,2, 7, 8,9, 12, 13, 15, 19, and 23), and their associated pipelines, are
located on property owned by Collier County within the Henderson Creek Canal corridor lying to
the south of Beck Boulevard and to the east of County Road 951, all as shown on the attached
Well Location Plan. The South Florida Water Management District (SFWMD) has control of
permitting for all activities within this corridor. Recent discussion with SFWMD has indicated
that location ofthe well sites and pipelines within the corridor is acceptable, providing that access
along the east canal bank is maintained for SFWMD. Staff recommends that the easements be
conveyed at no cost to the District.
The attached Utility Easement and Access Easement have been reviewed and approved by the
County Attorney's Office and the Public Utilities Division, Exhibits "A" to these Easements
depict the specific easement areas to be conveyed from the County to the District. In addition,
areas required temporarily for construction purposes are depicted on the attached Exhibit "B,"
The Clerk's Finance and Accounting Division has reviewed the information contained in this
Executive Swnmary.
--
/"""""
/"""""
Agenda Item No. 16C 1
September 13, 2005
Page 2 of 29
FISCAL IMPACT: The total cost will not exceed $185,00 for the recording of the Utility
Easement and the Access Easement. Funds in the amount of $185.00 are available in the FY 05
budget for this action in Project 708921, South County Regional Water Treatment Plant Reverse
Osmosis Wellfield Expansion to 20-MGD. The FY 05 budget was approved by the Board on
September 23,2004. Source of funds is Water Impact Fees (411). '
GROWTH MANAGEMENT IMP ACT: The Project is recommended in the latest 2003 Water
Master Plan adopted by the Board on May 25, 2004, Agenda Item 10 D.
REcOMMENDATION: Staff is recommending that:
1, The Board approve, and authorize Chairman Coyle to execute, the attached Utility
Easement and the attached Access Easement; and
2, The District accept the attached Utility Easement and the attached Access
Easement; and
3, The Board authorize the use, by the District, of the area depicted on the attached
Exhibit "B" for temporary construction purposes for a period not to exceed three
years,
4, The District authorize the recording of the Utility Easement and the Access
Easement in the Public Records of Collier County, Florida.
PREPARED BY: Hans Russell, Senior Property Acquisition Specialist
Real Estate ServiceslFacilities Management Department
Agenda Item No. 16C1
September 13, 2005
Page 3 01 29
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Sunvnary:
16C1
Recommendation 10 convey A U~lily Easement and an Ac<:e6s E,6sement to the Water-Sewer
District for ten public water 8uppl't wel16ites, associated pipelines. and access on property
owned by Collier County ~thin the H(Jnde~on Creek Canal oorridor at an estimated cost not
to exceed $185_00, Project 708921.
9/13/2005 9:00:00 AM
Meeting O.te:
Prepared By
Hans Russell
Senior Property Acqul$ition Specialist
Date
Administrative Services
Far.tlttles Management
813!200S 10:00:43 AM
Approved By
Thomas Wides
Operatiollt Director
OBI.
Public UtilitIes
Public utllltlos Op&rmiOns
8131200511:.&8 AM
Approved B,..
Charles E. carrington. Jr.,
SRJWA
Real Estate Services Manager
OBI.
Administrative $&rvices
Facilities Management
8(3/200511:55 AM
AIJproved By
Porfirlo E. Gramtrtger.:. P.E. Sr. Project MlIn~ger
Public utilities Public UtilitIes Engineering
D...
B1312005 12:01 PM
Approved By
Roy B. Anderson. P.E.
Public Utilltlet;: E:ngineering Director
Date
Public utilities
Public Utilities Engineenng
813/20051:11 PM
A pproved By
Skip Camp. C.F.M
Facilities Management. Director
Date
Administrative Service$.
FacUlties Management
81312005 2:27 PM
Approved By
Toni A. Mott
Real Property Supervisor
Oat.
Administrlltive Servi<::e$
Facilities Management
8/5120057:25 AM
Approv~d By
Jame'S W. Delany
Public Utilities Administrator
Date
Public UtititMts
Public Utllitie6= Administration
8f9/2Q05 9:31 AM
Approved 8}'
OMB Coordinrator
Administrative Assistant
Oat.
County Manager'. Office
Office of Management & Budget
619i2005 1:49 PM
AfJllroved By
Susan Usher
Senior Management/Budget Analyst
Date
County Manager's Office
Office of Management & Budget
6f10r200512:39 PM
Approved By
Michael Smyt'iowski
Management & Budget Director
Date
County Msnager's Office
Office of Mall8gement & Budget
811612005 10:'6 AM
Appro,red By
Jamal> V. Mudd
Board of County
Comtnis51oners
County Manager
Da..
County ManalJCr's Office
8116120057:47 PM
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Agenda Item No, 16C1
September 13, 2005
Page 5 of 29
WELL LOCATION PLAN
(FIGURE 2A)
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Agenda Item No. 16C1
September 13, 2005
Page 6 of 29
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EJ (40'x60' SITE)
:.:~~~" 12" r-..
I, COLLECTION I.-- PROPOSED 30' RAW WATER
~AlN \, ,; TRANSMISSION MAIN
G I \ ,WELL SITE No. 10
.,/ / (40'xSO' SITE)
.~ (F,~
y-"~ :>IIt, ')
1/ ~'X8??, }. EXISTING 170' F'PL EASEMENT
~ ~WELL SITE No. 11
SITE) ~ Y'G~(40'X60' SITE)
. ROAD EASEMENT j
WELL SITE
No. 12
~x22
SITE)
~
f--
--PROPOSED 24" RAI WA1~
I TRANSMISSION l.WN
PROPOSED
IS' UTIUlY EASEM M
/~ SITE No. 1
(40'x50' SITE)
PU RST ISSEI SLY MINISTRY
ED CAllC N NO REI "8IUTAl1ON
PUO - SWAMP S GGY /lAY<:
""W WATER
TRAN MISS N ~ ~N
1\ 1..- PI OPO~~. 8. RAW WATER
) C< ~ ION MAIN
r h..
tll' ~ / -('[' SITE . 17
'\1 L30' ROAl: EAS MOO ~40'x )
l~~ S~~. 5
(40' 0' 0.<-/
~ E IsnN 17C' FPI EASEJ.IEII
PU - SWAMP BUGG DA..s...
~
If.
V;;U,.~ \
(100'x22'
:-. ''''''/
ruJ~ROPOSED 15'
COLlECllON
) MAIN ~
",--"",. .
No. 23
(60'x22'
!\. 't ).-~~ S 'E.,~ 18
\ "-WELL "IT<' ) 14u xS
No. 19 Ii I
l.;';;"~ ~.. "-I-- PROPOSED 16")AW W.
TRANSMISSION M~N
~
/,,",WELL SIT<'
~NO. HI.
J ~22'
LPROP,9,; 8" RAW WATER
COLLE" N MAIN
'~ WELL SITE No. 22
~"t.}
RATTlESNAKE 1OO:iii )'cK ROAD
MOCK PARK
W~"'''~R1 n
P OPOSED G
I~ ~~JW
WELL SITE No. 21
I (40'x60' SITE)
Y--PROPOSED 8" R.t\ WATER
I COLLECTION MAIN
1--WEl..l SITE No. 0
(40'x50' SITE)
G
'"
I I
I I
~t
SCAl.E: 1.- 800'
5
c:
:u
l"l
N
lD
Agenda Item No. .16C 1
September 13, 2005
Page 7 of 29
PROJECT: SCRWTP RO Expansion to 20 MGD Wellfleld Project
UTiliTY EASEMENT
THIS EASEMENT, made and entered into this _ day of , 2005,
by COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA,
whose post office address is 3301 East Tamiami Trail, Naples, Florida 34112,
hereinafter referred to as "Grantor", to the BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY. FLORIDA, AS THE GOVERNING BODY OF COlliER
COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER
COUNTY WATER-SEWER DISTRICT, whose post office address is 3301 East
Tamiami Trail, Naples, Florida 34112, its successors and assigns, hereinafter referred
to as "Grantee".
WIT N E SSE T H:
Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable
consideration paid by the Grantee, the receipt and sufficiency of which is hereby
acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, its
successors and assigns, a perpetual, non-exclusive easement, license, and privilege for
utility purposes, and access, on the following described lands located 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 HOMESTEAD PROPERTY.
TO HAVE AND TO HOLD the same .unto the Grantee together with the right to
enter upon said land, excavate, and place or remove materials, including, but not
limited to, water lines and pipes, well pumps and raw water wells, and other equipment
or improvements appurtenant thereto or thereunder for the purpose of constructing,
operating, and maintaining utility facilities thereon. The easement granted herein shall
constitute easements running with the land and shall burden the lands described
above.
IN WITNESS WHEREOF, the Grantor has caused these presents to be
executed the date and year first above written.
ATTEST:
DWIGHT E. BROCK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
FRED W. COYLE, Chairman
,Deputy Clerk
Approved as to form and
legal sufficiency:
~j~/~ J- (~
Ellen T. Chadwell
Assistant County Attorney
EXHIBIT A .
page--L.sA -:Jr.
PROJECT
PARCEl
FOLIO
Agenda Item No. 16C1
September 13, 2005
Page 8 of 29
706'1;1.1
qt,t,
H/A
,
SKETCH AND DESCRIPTION OF A UTILITY
EASEJlENT FOR PRODUCTION WELL NO. 1
IN lHE NW 1/4 OF SECTION 2, TWP 50, S.
RGE 26 E. COWER COUNlY. FLORIDA
P.O.C.
N. 1/4 CORNER
OF SEC. 2 7
NORTH LINE OF THE NW 1/4 OF SEC~ 2+ _..A
"'- 777.00'
: S871S'31"W
I
I w
I .
- I ~
If) '> .
N< IX)
. 1 N
Nib
N 0
LoJ , If)
· 1
'b~ I
~~ : m:
8 120.00' I P.O.B. - POINT OF BEGINNING
(I) P.O.C. - POINT OF COMMENCEMENT
__.J\y_.J
P;O.B.
BECK BL YD.
3:
N 89"31'25- E
60.00'
PROPOSED 20'
UTILITY
EASEMENT
.
- 10
0",
0-
'co
~~
8
z
60.00'
S 89031'25- W
t~
~~
/.
DESCRIPTION:
A PARCEL IN THE NORTHWEST 1/4 OF SECTION 2, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER
COUl\lTY. FLORIDA, DESCRIBED AS FOlLOWS:
COMMENCING AT THE NORTH 1/4 CORNER OF SAID SECTION. 2, THENCE RUN S 8715'31" W FOR A
DISTANCE OF 777.00 FEET ALONG THE NORTH LINE OF THE SAID NORTHWEST 1/4 OF SECTION 2;
THENCE RUN S 00'28'35" E FOR A DISTANCE OF 221.25 FEET; THENCE RUN S 89'31'25" W FOR A
DISTANCE OF 120.00 FEET TO THE POINT OF BEGINNING; lHENCE CONTINUE S 89"31'25" W FOR A
DISTANCE OF 60.00 FEET; THENCE RUN N 00'28'35" W FOR A DISTANCE OF 40.00 FEET; THENCE
RUN N 89"31'25" W FOR A DISTANCE OF 60.00 FEET; THENCE RUN S 00'26'35" E FOR A DISTANCE
OF 40.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 2,400 SQUARE FEET, OR 0.06 ACRES, MORE OR LESS.
~- ----~~----
J N. Y.RK/SON (FOR THE FIRM LB6773)
ONAt SURvEYOR AND MAPPER
FUlRlDA...l,lCtNSE NO,.,l.SL!878
THIS ~"'11'AY OF ~ 2004.
tQJE;
THE PARCEL BEARING, DISTANCES, AND AREAS
CAlCUlA ml ARE BASED ON A FIELD SURVEY Of'
SECnCH 11. BASIS Of' BEARING: STATE PLANE
COORDINATE SYSTEM, F1.A. EAST ZONE, '83/'90.
lHlS IS NOT A SURVEY
JEFFREY C. COONER AND ASSOClA lES, INC.
SURVEYING AND MAPPING
3900 COLONIAL BLVD.. SUllE 4, FORT M'tERS. FLORIDA 33912
PHONE: (23;)277-0722 FAX: (23;)277-7179 EMAJl: SURVEYlNOGCOONER.COt.t
ClIENT: GREELEY AND HANSEN, LLC DRAWN BY: ~M CHECKED BY: J.N. W.
PARCEL DESCRIP'nON: WEll NO.1 DAlE: 7/20/04 SCALE: 1&-30' IREV: 10/20/04
PROOUCnON ~ll UnUTY EASEMENT
IN THE NW 1/4 Of' SEC 2-50-26 PROJECT No: 020901 DWG No: (PW-2) -&ISHEET: 1 OF 1
Agenda Item No, 16C1
September 13, 2005
Page 9 of 29
~:k:
PROJECT
PARCEL
FOLIO
70 "6C; 'J../
Cj~ 7
"1/,4
SKETCH AND DESCRIPTION
OF A 20' UTIUTY EASEMENT
IN lHE NW 1/4 OF SECllON 2, TWP 50, 5,
RGE 26 E, COWER COUNTY, FLORIDA
1-)-
:x: <
CI==
-I
..Jl.&..
.:do
I
~I-
~~
o~
0.)-1-
<zQ
o<:::z;
~~~
90<
l.&..UW
~8
It) .
'b~
P
o
~
I
375.00'
_V
NB9"31'25-E
P.O.C.
N. 1/4 CORNER
OF SEC. 2 "7
NORTH LINE Of THE NW 1/4 Of, SEC.! .A.r _)
I '- 777.00'
\ ~ S87'1S'31"W
10
. l 1'1
10 -;>.
N< OJ
. 1 N
BECK BLVD. 5 I b
N 0
S89.31'25-W I
P.O.B. 180.00' Vl
__J\y-_J
8~
d~
NlIO
~
o
z
V 374.54'
t~
~~
J.
KEY;
P.O.B. - POINT or BEGINNING
P.O.C. - POINT OF COMMENCEMENT
tlESCRIPTION:
A STRIP OF LAND IN THE NORTHWEST 1/4 OF SECTION 2, TOWNSHIP 50 SOUTH, RANGE 26 EAST,
COWER COUNTY. FLORIDA. DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTH 1/4 CORNER OF SAID SEC110N" 2, THENCE RUN S 8715'31" W f"OR A
DISTANCE OF 777.00 FEET ALONG THE NORTH LINE OF THE SAID NORTHWEST 1/4 OF SECTION 2;
THENCE RUN S 00'26'35" E FOR A DISTANCE OF 201.25 FEET: THENCE RUN S 89'31'25" W FOR A
DISTANCE OF 180.00 FEET TO THE POINT OF BEGINNING; THENCE CON11NUE S 89'3\'25" W FOR A
DISTANCE OF 374.54 FEET TO THE EAST UNE OF A FLORIDA POWER AND LIGHT COMPANY
RIGHT-OF-WAY EASEMENT; THENCE RUN S 00'50'53" W FOR A DISTANCE OF 20.00 FEET ALONG
SAID LINE; THENCE RUN N 89'31'25" W FOR A DISTANCE OF 375.00 FEET; THENCE RUN N
00'28'35" W FOR A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 7,495.40 SQUARE FEET or 0.17 ACRES, MORE OR LESS.
tQIE;
THE PARCEL BEARING, DISTANCES. AND AREAS
CALCULA 1m ARE BASED ON A FIElD SUR\'EY OF'
SECllON n. BASIS OF BEARING: STATE PLANE
COORDI"A TE S'l'STEM, fI.A. EAST ZONE, '83/90.
THIS IS NOT A SURVEY
JEFFREY C. COONER AND ASSOClA 1ES. INC.
SURVEYING AND MAPPING
3900 COLONIAL BLVD" SUITE 4, FORT MYERS. f\.ORIDA 33812
PHONE: (239)277-0722 FAX: (239)277-7179 EMAlL: SURVEYlNOOOOONER.COM
aJENT: GREELEY AND HANSEN. u.c DRAWN BY: ....Iot aiEa<ED BY: J.N.W.
PARCEL DESCRP'I1ON: DAlE: 7/20/04 SCMt!:- 1"-30'
20' UllUTY EASEMENT IN THE
NW '-/4 OF SEC 2-50-26 PRO.ECT No: 020901
;-~~,HEriRM LB6773)
~C:~ SUR\'EYOR AND MAPPER
FLORIDA IlCENSE N.D. j.S 4878
~S~DAY ~ 200~
REV: 10/20/04
DWG No: rPR-2) ,- SHEET: 1 OF 1
Agenda Item No, 16C1
September 1.3, 2005
Page 10 of 29
~-1;-
PROJECT__20. tf) t7 ;z./
PARCEL <:;;/p q
FOLIO vA ~
SKETCH AND DESCRIPTION OF A UTILITY
.EASEMENT FOR PRODUCTION WELL NO. 2
IN lHE NW 1/4 OF SECnON 2. TWP 50, S.
RGE 26 Eo COWER COUNlY. FlORIDA
i~
~ P.O.C.
NW CORNER OF
. ':l SEC. 2
~~o
. IC)
IC) .
:: :5
III
BECK BLVD.
L'
~~
t.
60.00'
~ PROPOSED 20'
.. UTILITY
~g EASEMENT
CO '!- -
p~
o
o
(I)
a::
cj
:z
80.00'
N 89"52'00. W
DESCRIPTION:
A PARCEL IN THE NORTHWEST 1/'" OF SECTION 2, TOYrNSHIP. 50 SOUTH, RANGE 26 EAST, COLUER
COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
KEr.:
C.R. - COUNTY ROAD
P.O.B. - POINT OF BEGINNING
P .O.C. - POINT OF COMUENCEMENT
COMMENCING AT 11-lE NOR11-lWEST CORNER OF SAID SECTION 2. THENCE RUN S 00'50'44" W FOR A
DISTANCE OF 115.00 FEET ALONG THE WEST UNE OF SAID SECTION 2; THENCE RUN S 89'52'00" E
FOR A DISTANCE OF 95.00 FEET TO 11-lE POINT OF BEGINNING; THENCE CONTINUE S 69'52'00" E
FOR A DISTANCE OF 60.00 FEET; THENCE RUN S 00'08'00" W FOR A DISTANCE OF 40.00 FEET;
THENCE RUN N 89'52'00" W FOR A DISTANCE OF 60.00 FEET; 11-lENCE RUN N 00'06'00" E FOR' A
DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING.
--~...o;; "'Om)
=-si::~~:fii~D MAPPER
R.ORI,Q~ WCENSE NQ. ~ 4876
THIS 7::)dIbAY OF'~ 2004.
CONTAINING 2,400 SQUARE FEET, OR 0.06 ACRES, MORE OR lESS.
wm:
THE: PARca BEARING, DISTANCES, AND AREAS
CAlCULA TED ARE BASED ON A FIELD SURVEY OF
SEcnON 11. BASIS OF BEARING: STATE PlANE
COORDINATE SYSl[U, flA. EAST ZONE. '83/'90.
THIS IS NOT A SURVEY
JEFFREY C. COONER AND ASSOCI AlES, INC.
SUR'YE'YING AND MAPPING
.1900 COlONAL BlVD" SUllE 4_ FORT MYERS. FLORIDA 33912
PHONE: (2.19)277-0722 FAX: (2.1&)277-717& EMAIL: SURVE'1INGGCOONER.COM
a.JENn GREElEY AND HANSEN, LtC ORA... BY: .....w atEa<ED BY: J.N.W.
PARCEL DESCRPnON: ~ NO.2 DAlE: 7/17/04 SCALE: '''-3D' REV: 10/20/04
PRODUCl1ON WEll Ul1UTY EASEMENT
IN THE NW 1/4 Of' SEC 2-50-26 PROJECT No: 020901 D~ No: (PM) .- SHEET: 1 OF 1
EXHIBIT. A_
page~-Z:
PROJECT
PARCEL
F Oll 0
Agenda Item No. 16C1
September 13, 2005
Page 11 of 29
7o~C, ;)./
9t,'1
IYILJ
.
SKETCH AND DESCRIPTION
OF A 20' UTILITY EASEMENT
IN lHE NW 1/4 OF SECl10N 2, 1WP 50, S.
RGE 26 E. COWER COUNTY, FLORIDA
---
t~
~~
-/ "-
~ P.O.C,
NW CORNER OF
~ SEC. 2
~~.+
C! ~
10 .
.... 0
.... 0
V)
t
BECK BL YD.
\ P.D.B.
\I-----~V--- .-
( 155.00' ..... 8
I 18 c:i
I N
N iJJ
I to g
Ol 0
Z
589-52'OO.E
1001,00'
..
I
-. 31:
....r
:r;~
Q,
...Ju...
~o
I
0:1-
lIJ:r;
~Q
00:
Q"rl-
<z~
o<~
et:Q"UJ
o~tf)
...Jo<
u...Ul.LJ
u
UJ
VI
UJ
z
::J
l-
V)
~
A
..
1001,75'
N89"S2'OO.W
- .
8::1
db
Nll>
o
o
If)
~
<.3
1SE:t:
C.R. - COUNTY ROAD
P.O.B. - POINT Of' BEGINNING
P .O.C. - POINT OF COUMENCEUENT
DESCRIPTION:
A STRIP OF LAND IN THE NORTHWEST 1/4 Of SECTION 2, TOWNSHIP 50 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: . "
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 2, THENCE RUN S 00"50'44- W FOR A
DISTANCE OF 115,00 FEET ALONG THE WEST LINE Of SAID SECTION 2; THENCE RUN 5 89"52'00. E
FOR A DISTANCE OF 155.00 FEET TO THE POINT Of BEGINNING; THENCE CONTINUE S 89"52'00. E
FOR A DISTANCE OF 1002.00 FEET TO THE WEST LINE OF A FlORIDA POWER AND LIGHT COMPANY
RIGHT-OF-WAY EASEMENT; THENCE RUN S 00'50'53. W FOR A DISTANCE OF 20.00 FEET ALONG
SAID WEST LINE; THENCE RUN N 89"52'00. W FOR A DISTANCE OF 1001.75 FEET; THENCE RUN N
00'08'00. E fOR A DISTANCE OF 20.00 fEET TO THE POINT OF BEGINNING.
CONTAINING 20,298 SQUARE fEET or 0.47 ACRES, MORE OR LESS.
~ tmlE;
1HE PARCEL BEARING, DISTANCES, AND AREAS
___ _ __::::::::::::---- CALCUL.AlED ARE BASED ON A FIElD SURIJEY OF
JA N. YotLKlSON (FOR 1liE FIRM LB&773) SECTION 11. BASIS OF BEARING: STATE PLANE
PR ONAL SURvEYOR AND MAPPER COORDINATE SYSlEM, flA. EAST ZONE, '&3/90.
~~~SEOfN~ ~~. ' THIS IS NOT A SURVEY
JEFFREY C. COONER AND ASSOCIA lES. INC.
SURVE'nNG AND MAPPING
3900 COLONIAL BLVD.. SUllE 4, FORT MYERS. FLORIDA 33912
PHONE: (239)277-0722 FAX: (238)277-7178 EMAlL: SURVEYlNCOCOONER.COM
CUEtfn GREElEY AND HANSEN, LLC ORA_ BY: .11M CHEa<ED BY: J.N.W.
PARCEL DESCRPllON: DAlE: 7/17/04 SCALE: '..30' REV: 10/20/04
20' unuTY EASEMENT IN 11iE
NW 1i. aF ~C 2-50-28 PROJECT No: 020901 DWO No: r__-l' - SHEET: 1 OF 1
EXHIBIT ~
Page .:r...Df ....i!2....-
Agenda Ilem No. 16Cl
September 13, 2005
Page 12 of 29
PROJECT
PARCEl
FOlIO
70 fi'1 ~I
9b9A
~/A
SKETCH AND DESCRIPTION
OF A UTILITY EASEMENT
IN THE NW 1/4 OF SECnON 2, TWP SO, S,
RGE 26 Eo COWER COUNTY, R.ORIDA
J N. 'MLKISON (FOR THE FIRM LB8773)
P SIONAL SURVEYOR AND MAPPER
~~~~~N~4. THIS IS NOT A SURVEY
JEFFREY C. COONER AND ASSOCIATES. INC.
SURw:tING AND MAPPING
3900 COLONIAL BlW.. SUIlE 4, FORT MYERS, FLORIDA 33812
PHONE: (239)277-0722 FAX: (238)277-7178 EMAIL.: SUR\lE'r1NGOCOONER.COM
CUENT: GREELEY AND HANSEN, LtC DRAWN BY: .lfM OtEQ<ED BY:
PARCEL DESCRIPnON: DAlE: 7/20/04 SCAlE: 1"-30'
unuTY EASEMENT IN THE
NW 1 4 OF SEC 2-50-28 PROJECT No: 020901 DWO No:
I
lRACT 10,
TaLGA TE COMMERCIAL
CENTER, PHASE 2,
P,B. 18, PGS. 23-24 I SEC 2
NORni UNE NW \ 4, .
89"56'. _
P.O.B. 155.02'. j-
SB9'S6'18-W
1S.00'
NORnI R/W UNE
t&J
.
,.,
It) "
" CD
0C'f
10'
o~
~C'f
" ;!I:
lOa
,.,,.,
. It)
~b
-10
8
(I)
I
I
I
BECK BLVD. I
F I
~
~g I
o'
00 I
(/)C'/
N89.31'25'E
15S,04'
1S,oo'
;!I:
.
'Nt')
O)~
'0
fOlO
0)8
(/)
15S,04'
589"31'2S"W
FLORIDA POVtER '" LIGHT
COMPANY RIGHT-Ot-WAY
EASEMENT
S89'5S'16"W
SOUnl R/W UNE
KEY:
P.B. - PLAT BOOK
PG.(S) - PAGE(S)
P.O.B. - POINT Of BEGINNING
P.O.C. - POINT Of COMMENCEMENT
R/W - RIGHT-OF-WAY
P.O.C.
SE CORNER OF
TOllGATE COt.IUERClAL
CENTER, PHASE 2,
P.B. 18, PGS. 23-24
DESCRIPTION:
A SlRlP OF LAND IN mE NORTHWEST 1/4 OF
SECTION 2, TOWNSHIP 50 SOUTH, RANGE 26 EAST,
COLUER COUNTY, FLORIDA, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE soumEAST CORNER OF
TOlLGATE COMMERCIAL CENTER, PHASE TWO, AS
RECORDED IN PLAT BOOK 18, PAGES 23-24,
PUBLIC RECORDS OF COWER COUNTY. flORIDA,
THENCE RUN S 69'56'18- W FOR A DISTANCE OF
155.02 FEET ALONG THE NORTH RIGHT-OF-WAY
LINE OF BECK BOULEVARD TO mE POINT OF
BEGINNING; THENCE RUN S 00'50'53- W FOR A
DISTANCE OF \71.35 FEET; THENCE RUN N
89'3\'25- E FOR A DISTANCE OF 155.04 FEET TO
THE EAST LINE OF A FLORIDA POWER AND LIGHT
COMPANY RIGHT-OF-WAY EASEMENT; THENCE RUN
S oo'50'5J" W FOR A DISTANCE OF 20.00 FEET
ALONG SAID LINE; mENCE RUN S 89'3\'25- W
FOR A DISTANCE OF 155.04 FEET; THENCE RUN S
00'50'53" W FOR A DISTANCE OF 96.92 FEET TO
THE SOUTH RIGHT-OF-WAY LINE OF BECK
BOULEVARD; TI-lENCE RUN S 69"55'16- W FOR A
DISTANCE OF 15.00 FEET ALONG SAID LINE;
THENCE RUN N 00'50'53- E FOR A DISTANCE OF
288.29 FEET ALONG mE .WEST LINE OF SAID
FLORIDA POWER AND LIGHT COMPANY
r- RIGHT-OF-WAY EASEMENT TO SAro NORTH
RIGHT-OF-WAY LINE; THENCE RUN N 89'56'18- E
FOR A DISTANCE OF 15.00 FEET ALONG SAID
RIGHT-OF-WAY LINE TO THE POINT OF BEGINNING.
CONTAINING 7,425 Square Feet or 0.17 Ac.:i:.
ttWE;
nlE PARCEl. BEARING, DISTANCES, AND AREAS
CALCULA lED ARE BASED ON A FIELD SURVEY OF
SECTION 11. BAStS OF BE:ARING: STATE PlANE
COOROINA TE SYSTEM, FLA. EAST ZONE, '83(90.
-FPl
REV: 10/20/04
- SHEET: I OF 1
Agenda Item No. 16C1
September 13, 2005
Page 13 of 29
~~~-k
PROJECT 7 f/ '1 C, :J. I
PARCEL q7 ~
FOlIO 1'//14
I
SKETCH .AND DESCRIPTION OF A
PERJlANENT UTIUTY AND ACCBSS EASEMENT (82_P)
IN niE WEST 100' Of SECllON 11, TO..SHIP 50 S,
RANGE 26 E, COWER COUNTY. flORIDA
FOREST GLENN Of'
NAPlES SUBDl't1S1ON
P.O.B. ..,7'44'"[ PlAT BOOK 31, PAGE 94
H88,7'44'"[ _ _ _
80.06' 40.04' l~ ·
NORni lINE SEC110N 11 ~ ~~ia
~ ~ ~ i~Ji~~
PROPOSED PERMANENT 2 uS ~11.
UTILITY EASEMENT ~ I . ~
:;; .~ ~
01
Ii
d ---:" I: ....--- PROPOSED TEMPORARY
~ ~ CONSTRUCTION EASEMENT
I I ~~ ~
z ~: ~ ...
.- HENDERSON CREEK ~o!
.- CANAL R/W (100') x~
5 ~m 1ll1Offi
F= 40' ~ ~ II~
u ~3
bl
587'25'4l1)-W ~1~t5~
SOUni UHE SEClION 11 ~un~
N8';;~9-E 60.11' 40.07'
I I I I
PROPOSED PERMANENT ~~~o!~~ .
UTILITY .. ACCESS
EASEIoI€NT do::orLrLi
msBIPlION Of' A PERWANEHT U11UTY AND ACCESS EASEMENT L'l1HG IN 1HE EAST 40 FEET Of' lHE WEST 100 FEET
OF SEClION 11, TO..SHIP 50 SOUlH, RANGE 26 EAST, COlLIER COUNTY. F1..ORIOA, WORE PARlICULARlV DESCRIBED
ASrO\J..OWS:
COMMENCING AT lHE HORlHWEST CORNER Of' SAID SEClION 11, lHENCE RUN N88'\7'44-[, A DISTANCE OF 80.08
FEET ALONG THE NORlH UHE OF SAID SEClION TO 1HE POINT OF BEGINNING; lHENCE CanlNUING ALONG SAID
HORlH UNE N88'7'44-E. It. DISTANCE Of' 40.04 FEET TO lHE EAST lINE Of' 1HE HENDERSON CREEl< CANAL
R\QHT-Of'-Wlt.V, lHEHCE RUN SQO'SO'44"W. It. DISTANCE Of' 8505,31 FEET ALONG SAID EAST UNE TO lHE SOUlH
UNE OF SAID SEC1ION 11; THENCE RUN 587'25'49"W, A DISTANCE Of' 40.07 FEET ALONG 1HE SOUlH LIIE OF SAID
SEC1\ON 11; lHENCE RUN HOO'!SO'44-E. It. DISTANCE OF 5l505.lI)g FEET ALONG A LINE lHAT IS PARAl.l.EL 'MlH AND
40 FEET WESlERLV Of'SAlD EAST UNE Of' lHE HENDERSON CREEK CANAL RlGHT-OF-WAV TO lHE POINT Of
BEGINNING.
CONT,QaNO 220.220 SQUARE FEET OR 5.08 ACRES, WORE OR LESS.
--~--~----
t!IQlE;
1HE PARCEL BEAR\NO, DISTANCES, AND AREAS
CALCUl.A lED ARE BASED ON ... FIELD SURVEY OF
SEC1\ON ", BASIS OF BEARING: STAlE PLANE
COOROlNAlE SYSTEM, F\A EAST ZONE, '83;80.
THIS IS NOT A SURVEY
COONER &: ASSOCI A TES,INC_
SURVEYING AND MAPPING
5870 ZIP DRI\IE, FORT MYERS. FLORIDA 33905
PHONE: (239)2.77-0722 FAX: (239)2.77-7179 EtotAlL: SUR'VE't1NGOCOONER.COM
CUENT: GREELEY AND HANSEN, u..c DRAWN BY: DICT atEa<ED BY: ....W
PARCEL DESCRlPl1ON: DAlE: 04/05/05 SCALE: 1-.20'
PERM. U1lJTY .t ...CCESS EASEMENT IN 1HE
EST 100' Of' SEe 11-50-28 PRo..ECT No: 030705W....
[.ARltEN l'O'MISEND (FOR THE FIRM LBe773)
PROfESSIONAL SUR~ AND MAPPER
FL~ LJCENSE NO. LS 8478
lHIS ~ DA V OF :;4 p,c,lI 200&.
REV:
OWO No:030705WA-ESY SHEET: 1 OF 1
~~:k:
PROJECT
PARCEL
F OLl 0
Agenda Item No, 16C1
September 13, 2005
Page 14 of 29
7o~c, ~I
973
If/A
,
SKETCH AND DESCRIPTION OF A
PERJUNENT UTILITY AND ACCESS EASEMENT (SS.P)
IN THE WEST 100' OF SECnON 14, TO~SHIP 50 S,
RANGE 26 E, COlUER COUNTY, FlORIDA
PROPOSED PERMANENT
UTIUTY .. ACCESS
EASEUENT
P.O.B. N87'25' 48"E
NOR"!!. UHE SEClION 14 40.07'
N8T25'4""E 60.11'
HENDERSON CREEl< ~~
CANAl R/W (100') ~4!
40' ~~
~ ~ i !I
01 "
a: EI ~
0
PRoPOSED PERMANENT ~
unllTY EASEMENT ~
...
;! ~ i5
~ ~ lDo~
.
~ i CIliiS
r= ~ ~~~2
1;1 8 ~ ~ if ~1It~
... z ~~4!~b
z
:J ~~D"'''';
~ S8T38'OJ"W
SOUTH UNE SEClION 14 ~a:~~~2
N8T3S'03"E 60.10' 40.08' I 11.I.i
~lt ID<JI
a: a:dd.
PROPOSED PERMANENT oc::da:n:i
unuTY .. ACCESS
EASEMENT
DFSCRIPlION OF A PElWANENT UTUTY AND ACCESS EASalENT lWIG IN THE EAST 40 FEET OF THE WEST 100 FEET
OF SEClION 14, TOWNSHIP 50 SOUTH, RANGE 28 EAST, COWER COUNTY, FlORIDA; MORE PARlICUlARl.Y DESCRlBEO
AS FClU.OWS:
CXII8mfaNG AT THE NOR1HWEST CORNER OF SAID SEC1ION 14, 1HENCE RUN N87'2S'48"E, 'A DISTANCE OF 60.11
FEET AlONG 1HE NORTH LINE OF SAID SEC1ION TO THE POINT OF BE~G; lHENCE CON.....UING AlONG SAID
NORTH UNE N87'25'48"E, A DISTANCE OF 40.07 FEET TO 1HE EAST LINE OF THE HENDERsON CREEK CANAl
RIGHT-OF-WAY; 1HENCE RUN SOO'!50'44"W, A DISTANCE OF 5357.48 FEET AlONG SAID EAST LINE TO THE SOUTH
LINE OF SAID SEC1ION 14; lHENCE RUN S87'38'03"W, A DISTANCE OF 40,06 FEET AlONe THE SOUTH UNE OF SAID
SEC1ION 14; lHENCE RUN Nocn5O'44"E, A DISTANCE OF 5357.31 FEET ALONG A UHf THAT IS PARAUa NTH AND
40 FEET WESTERLY OF SAID EAST UNE OF THE HENDERSON CREEl< CANAl RIGHT-OF-WAY TO THE POINT OF
BEGINNING.
CONTAINING 214,2150 SQUARE FEET OR 4.92 ACRES, MORE OR LESS.
--~~-~-----
tQIE;
THE PARCEl. BEARING, DISTANCES, AND AREAS
CAlaJI.A lED ARE BASED ON A F1ElD SUR\IEY OF
SEC1ION 14. BASIS OF BEARtNG: STAlE PlANE
COORDINATE SYSTEM, FlA. EAST ZONE, '8.'51'90.
THIS IS NOT A SURVEY
COONER & ASSOCIATES, 'INC.
SUR\rFtING AND ..APPlNG
5670 ZIP DRl~ FORT "VERS. R.ORlOA 33905
PHa€: (239)2n-0722 FAX: (239)2n-7179 EUAlL.: SUR\'EYINGOCOON~,COU
aJENT: GREElEY AND HANSEN. lLC DRAWN BY: DIeT OIEQ<ED BY: ....
PARCEl.. DESCRIPlION: DAlE: 04/08,10& SCAlE: 1"-20'
PERM. UWTY ~ ACCESS EASEMENT IN THE
WEST 100' OF SEe 14-50-28 PROJECT No: 030705W.A
DARREN TOWNSENO (FOR THE F1RM LBanJ)
PROFE'SSIONAl SURVEYOR AND MAPPER
n..0RIDj\ J,JCENSE NO. Lf. 5471S
THrS .-'.:!!! DAY OF ~ c..
. 2005.
REV:
DWO NO:Cl30705WA-DW SHEET: 1 OF' 1
Agenda Item No. 16C1
September 13, 2005
Page 15 of 29
~!.~:k:
PROJECT
PARCEL
FOlIO
70'$'1;;"/
cr74
NIA-
.
SKETCH AND DESCRIPTION OF A UTIUTY
EASEMENT FOR PRODUCTION"WELL NO.7
IN lHE SW 1/4 Of lHE NW 1/4 OF
SECll0N 11, TWP 50 S, RGE 26 E
COWER COUNTY. FLORIDA
P.O.c.
NW CORNER
SECll0N 11
100'
HENDERSON CREEK
CANAL R/W
W
%
::J
~
a:
w
N88'17'<<"L _ _100.10'
NB7"54"5t"E
22.03'
P.O.B.
iii
CJl
<<
d
!'"
~8
~d
8ID
%
:.:
8)
d~
ID~
22'
w:
C.R. - COUNTY ROAD
P.O.B.-POINT OF BEGINNING
P.O.C.-POINT OF COMMENCEMENT
R/W - RIGHT-OF-WAY
22.03'
SB7"54'S9"W
DE:!';CRIPllON A PARCEL LYING IN lHE SOUlliWEST 1/4 OF lHE NORlHWEST 1/4 Of SECTION ", TOWNSHIP 50
SOUlH. RANGE 26 EAST, COWER COUNTY, FLORIDA: '
COUMENaNG AT lHE NORlHWEST CORNER OF SAID SECllON 11, lHENCE RUN N88'17'44"[, A DISTANCE ,Of 100.10
FEET MoONG lliE NORlH UNE OF SAID SECTION TO lHE EAST UNE Of lHE HENDERSON CREEK CANMo . .
RIGHT-Of-WAY; lHENCE RUN SOO'50'<<"W. A DISTANCE OF' 2348,60 FEET MoONG SAID EAST UNE TO lHE POINT Of
BEGINNING; lHENCE CQNlINUE S00'50'''"W, A DISTANCE Of 60,00 FEET MoONG SAID EAST UNE; lHENCE RUN
S8T54'SS"W. A DISTANCE Of 22.03 FEET; lHENCE RUN NOO"50'''"[' A DISTANCE Of 60.00 FEET MoONG A UNE
RUNNING PARALLEL TO SAID EAST UNE; lliENCE RUN NB7'54'S9"E, A DISTANCE Of 22.03 FEET TO lHE POINT Of
BEGINNING.
CONTAINING 1.322 SQUARE FEET OR 0.03 ACRES, MORE OR LESS.
;;'-(\~~~iNEf1,jj lB8773)
P~ONAL SURvtYOR AND MAPPER
FLORIDA UCENSE NO.~_ 4878 ,
lHlS J.!r DAY Of bJI.& 200S.
w:u:E:
lHE PARCEL BEARING. DISTANCES, AND AREAS
CALCULA lED ARE BASED ON A FIElD SURVEY Of
SECllON 11. BAStS OF BEARING: STATE PLANE
coORDINATE SYSTEU. F1.A. EAST ZONE, '83/90.
lHlS IS NOT A SURVEY
COONER & ASSOCIATES, INC.
SURYaYINCJ AND MAPPING
5670 ZIP ORIVL FORT MYERS, FLORIDA 339Ol5
TELEPHONE: 238.277.0722 FAX: 238.277.71781!lMA1L: ~.COM
CLIENT: GREELEY AND HANSEN. u.c DRAWN BY: ,1f(F
PARCEL DESCRIPllON: WElL NO, 7 DAlE: 8/28/04
PRODUC1ION WELl. UllUTY EASEMENT IN lHE
SW 1 4 AND lHE SW 1 4 OF SEe 11-50-2 PRo..ECT No: 020901
CHECKED BY: J.N. W.
SCAlE: 1".30' REV: 3/30/05
DWG No: SEC11w-TCE(P7) SHEET: 1 Of 1
EXHIBIT ~
Page -fL..J1I-::z:r:..
PROJECT
PARCEl
FOlIO
Agenda Item No. 16C1
September 13, 2005
Page 16 of 29
7o~9;z,1
975'
NJA
,
SKETCH AND DESCRIPTION OF A UTILITY
EASEMENT FOR PRODUCTION "ELL NO. 9
IN THE NW 1/4 AND THE SW 1/4
Of SECTION 11, TWP 50 S. RGE 26 E,
COWER COUNTY, flORIDA
.'
DESCRIPTION A PARCEl LYING IN THE NORTHWEST 1/4 OF THE SOUTHWEST 1/<4- OF SECTION 11, TO~SHIP 50
SOUTH, RANGE 26 EAST, COWER COUNTY, flORIDA:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 11, 'THENCE RUN N87'25'49'E. A DISTANCE OF 100.18
FEET AlONG THE SOUni UNE OF SAID SECTION 10 THE EAST UNE OF THE HENDERSON CREEK CANAL
RIGHT-OF-WAY: THENCE RUN NOO'50'44"E, A DISTANCE OF 1820.43 FEET AlONG SAID EAST UNE TO THE POINT OF
BEGINNING; THENCE CONTINUE NOO'SO'44"E, A DISTANCE OF 100,00 FEET AlONG SAID EAST UNE; THENCE RUN
S8T42'01"W, A DISTANCE OF 22.03 FEET: THENCE RUN SOO'SO'<<"W, A DISTANCE OF 100.00 FEET ALONG A UNE
RUNNING PARAllEL TO SAID EAST UNf; THENCE RUN N8T42'01"E, A DISTANCE OF 22.03 FEET TO THE POINT Of
BEGINNING.
CONTAINING 2203 SQUARE FEET OR 0.05 ACRES, MORE OR LESS.
-~~-.HiFiW "'173)
=:i~~ SURVEYOR AND MAPPER
FlORl91 ~CENSE N~SCr 4876
THIS DAY OF 2ool5.
ttQIE:
THE PARCEl. BEARlNC, DISTANCES, AND AREAS
CAlCULATED ARE BASED ON A Flfll) SUR\iEY OF
SECTION 11, BASIS Of' BEARING: STAlE PlANE
COORDINATE SYSTEU, FLA. EAST ZONE, '83;90.
THIS IS NOT A SURVEY
COONER & ASSOCIA TES, INC,
SuRvl!:nNCJ AND MAPPlNlJ
156702Jp DIWE, FORT MYERs. FLORlDI'.338015
"JliUDoHoNE: 239.277.0722 FAx: 239.277.7179 I!JoIAJL: ~.COhl
WENT: GREElEY AND HANSEN, U.C DRAWN BY: J.N.W.
PARCEL DESCRIPTION: WEll. NO. 9 DAlE: 8/28/04PRODUCTION WELL UTIUTY EASatENT IN THE
NW 1/4 OF THE SW 1/4 OF SEC 11-50-28 PROJECT No: 020901
CHECKED BY: J.N.W.
SCALE: 1"-30' I REV: 3/30/05
DWO No: SECflW-TCE(Pe)! SHEET: 1 OF 1
EXHIBIT 4,-
Page~....!.2-
Agenda Item No. 16C1
September 13, 2005
Page 17 of 29
PROJECT 7 0 fJ ~ ;Z I
PARCel '17(,
FOLIO Ii/A
I
SKETCH AND DESCRIPTION OF A UTILITY
EASEMENT FOR PRODUCTION WELL NO. 8
IN lliE SW 1/4 OF THE SW 1/4 OF
SECllON 11, TWP 50 S, RGE 26 E
COLLIER COUNTY, FLORIDA
S87'32'18"W
22.04'
I
Vi
0> I
5 I
3=
~8
~g
.....
. .~
8~
gs
z
"
~~
J.
22'
100'
HENDERSON CREEK
CANAL R/W
22.04' f P.O.B.
N87'32'18"E
..... ..
~...
}1jg
8co
z
~
::I
~
0::
.....
0(
P.O.C.
SW CORNER
SECl10N 1'--z....
'-
N87'25'49"E
100.18'
~ -
- ...?
KEY:
C.R. - COUNTY ROAD
P.O.B.-POINT OF BEGINNING
P.O.C.-POINT Of' COMMENCEMENT
R/W - RIGHT-OF-WAY
S UNE SECl10N 11
DF'SCRIPllON A PARCEL LYING IN lHE SOUlHWEST 1/4 Of' lHE SOUlHWEST 1/4 OF SECl10N ,11. TO\\ttSHIP 50
SOUTH, RANGE 26 EAST, COLUER COUNTY, FLORIDA:
COloIlotENClNG AT lHE SOUlHWEST CORNER Of" SAID SECTION 1" tHENCE RUN N87'25'4g"E. A DISTANCE Of' 100.18
FEET ALONG lHE SOUlH UNE OF SAID SECl10N TO lHE EAST UNE Of' 1HE HENDERSON CREEK CANAL
RIGHT-OF-WAY: lHENCE RUN NOO'50'+4"E, A DISTANCE OF 888.17 fEET ALONG SAID EAST UHE TO lliE POINT OF
BEGINNING: lliENCE CONl1NUE NOO'5O'44"E, A DISTANCE OF 60.00 FEET ALONG SAID EAST UNE; lHENCE RUN
SS7'32'1S.W, A DISTANCE OF 22.04 FEET; lHENCE RUN Soo'SO'+4"W, A DISTANCE OF 60.00 FEET ALONG A UNE
RUNNING PARAU.El. TO SAID EAST UNE: lHENCE RUN NSTJ2'18"E. A DISTANCE Of 22.04 FEET TO tHE POINT OF
BEGINNING.
CONTAINING 1,322 SQUARE FEET OR 0.03 ACRES, MORE OR LESS,
tQIE;; .
~' ~ /.-._ lliE PARCEl. BEARING, DISTANCES, AND AREAS
____ _ ~=-______ CAL~TED ARE eASED ON A flElD SURVEY OF
J...... ' W1U<1SON (FOR lliE flRt.C LB6773) SECl10N 11, BASI$ OF BEARING: STATE PLANE
PROF ONAL SUR\t:YOR AND MAPPER COORDINATE SYSTEM, F1..A. EAST ZONE, '83/,90.
~~SEOfN~~~5. THIS IS NOT A SURVEY
COONER & ASSOCIA YES, INC.
SURVEYINO AND MAPPING
15870 ZIP DRIVE. FORT MVIRS, FLORIDA SS9O!S
TEuJOHONE: 239.277.0722 FAX: 239.277.7179 I!MAIL: 8UR\1EV1NGIOCOONIlA.COM
CUENT: 0Rm.EY AND HANSEN, LLC DRAYtt4 BY: N
PARCEL DESCR\PnON: WELL NO, 8 DAlE: 9/8/04
PROOUCllON WEll. Ul1UlY EASEWENT IN lHE
SW 1/4 Of'lliE SW 1/4 OF SEC 11-50-26 PROJECT No: 020901
QiECKED BY: J.N.W.
SCALE: 1-.30' IREV: 3/30/05
DWG No: SEC11W-TCE(pdSHEET: 1 Of' 1
Agenda Item No, 16C1
September 13. 2005
Page 18 of 29
EXHIBIT -L-
Page -!L..oI..l.5::::.
PROJECT
PARCEL
FOU 0 _
70~9'21
Cf77
1i,/14
SKETCH AND DESCRIPTION OF.A UTILITY
EASEMENT FOR PRODUCTION WELL NO" 12
IN THE NW 1/4 OF lHE NW 1/4
OF SECll0N 14, lWP 50 S, RGE 26 E
COWER COUNTY, flORIDA
1..--
NfIT.'25' 49"E
r- N ':NE SE_ClION 14
100.18' L --.,
I
L'
~~
t
P.O.C.
NW CORNER
SECTION 14
100'
HENDERSON CREEl<
CANAL R/W
~
;10
. lD
~~
OlD
o
III
w
Z
::l
~
a::
w
...
N8T27'23"E ,
22.04' _~
P.O.B.
u;
01
Ii
U
,
I
I
I
w ~
~8 8~
ig g!
22'
KE:X:
C.R. - COUNlY ROAD
P.O.B.-POINT OF BEGINNING
P.O.C.-POINT OF COt.CUENcatENT
R/W - RIGHT-OF-WAY
220M'
S8T27'23"W
DESCRIPTION A PARCEL L'l'1NG IN T1iE NORTliWEST 1/4 OF T1iE NORTIi\lllEST 1/4 OF SECTION 14, TOWNSHIP 50
SOUlH, RANGE 26 EAST, COWER COUNTY. FLORIDA:
COt.IMENQNG AT T1iE NORTliWEST CORNER OF SAJO SEClION 14, THENCE RUN N8T2S'4S"E, A DISTANCE OF 100.18
f'EET AlONG lHE NOR'TH UNE OF SAlD SEClION TO THE EAST UHE OF 1HE HENDERSON CREEK CANAl
RIGHT-OF-WAY: lHENCE RUN SOO'50'44"W, A DISTANCE OF 889.88 f'EET AlONG SAID EAST UNE TO T1iE POINT OF
BEGINNING; T1iENCE CONlINUE SOO'50'''''"W, A DISTANCE OF 80.00 FEET AlONG SAID EAST UHf; T1iENCE RUN
S87'27'23"W. A DISTANCE OF 22.04 FEET; T1iENCE RUN NOO'5O'''''"E, A DISTANCE OF 60.00 FEET AlONG A UNE
RUNNING PARALLa TO SAlD EAST UNE; THENCE RUN N8T27'23"E, A DISTANCE OF 22.04 FEET TO THE POINT OF
BEGINNING.
CONTAINING 1,322 SQUARE FEET OR 0.03 ACRES, LtORE OR ~.
;.;;.- ~~n:-.;;; lBOm)
PR~~ SUR\o'EYOR AND LtAPPER
FtORII)A .UCENSE Ng. _~ 4876
'IHlS U::t:: DAY OF ~ 2005.
WUE;
THE PARCEl BEARING. DISTANCES, AND AREAS
CAlCULATED ARE BASED ON A F1ElD SURVEY OF'
SEClION 14. BASIS OF BEARING: STATE PLANC:
COOROJNA lE SYSlEt.C, FlA. EAST ZONE, '831'90.
lHlS IS NOT A SURVEY
COONER & ASSOCIATES, INC.
SURVEYING AND MAPPING
5670 ZIP DRIVE. FORT MYERs. FL.ORJDA 339015
1'EL.EPHoNE: 239.277.0722 FAX: 239.277.7179 EMAlL: BllRVEYINGOcooHER.COM
CUENT: GREEI..EY AND HANSEN, u.c DRAWN BY: ..
PARCEL DESCRfPnON: \lIEU. NO. 12 DATE: a/12/M
PROOUCllON WEU. UlIUTY EASEMENT IN
NW '/. OF THE NW 1/4 OF SEC 14-50-26 PRQ.ECT No: 020901
CHEacED BY: J.N.W.
SCALE: 1-.30' REV: 3/31/05
OWG NO:sEC14W-TCE(P12 SHEET: 1 OF 1
Agenda Item No. 16C1
September 13. 2005
Page 19 of 29
EXHIBIT ...L.
page -l1.....of ...LS-
PROJECT
PARCEL
F Oll 0
7ot{; q ;J.../
<17c?
N/A
.
SKETCH .AND DESCRIPTION OF A UTILITY
EASEMENT FOR PRODUCTION WELL NO. 18
IN THE SW 1/4 OF THE NW 1/4 OF SECl10N 14, TWP 50 5,
P.O.C. RGE 26 E, COWER COUNTY, FLORIDA
NW CORNER /"--
SECTION 14 \!/ N~'2~9~ 100.18' , _-;..~E SE:TlON 14
~in ::J
~~ ~
8~. ""
z ..
S89'09'1S"E ~
22.00' P.O.B,
..
100'
HENDERSON CREEl<
CANAl R/W
t,
~J
22' l-
I "" ~
I ; ;
in 8 ~i
01 J ~~
ci
cJ z
~
CR. - COUNTY ROAD
P.O.B.-POINT OF BEGINNING
P.O.C.-POINT OF COUUENCENENT
R/W - RIGHT-Of-WAY
22.00'
N89'Olt1S.W J
I
nE"!;CRlPlION A PARCEl.. LYING IN lHE SOUlHWEST 1/4 OF lHE NORlHWEST 1/4 Of SECTION 14, TOWNSHIP 50
SOUlH. RANGE 26 EAST, COWER COUNTY, fLORIDA:
COYMENClNG AT 1HE NORlHWEST CORNER OF SAID SECTION 14, 1tlENCE RUN N8T25'411-E, A DISTANCE OF 100.18
FEET AlONG 1HE NORTli UNf OF SAID SECTION TO lHE EAST UHE OF lHE HENDERSON CREEK CANAL
RIGHT-Of-WAY; lHENCE RUN SOO"50'44-W, A DISTANCE OF 18711.85 FEET ALONG SAID EAST UNE TO THE POINT OF
BEGINNING; 1HENCE CONTINUE SOO'50'44.W, A DISTANCE Of 100.00 FEr ALONG SAID EAST lINE; lHENCE RUN
N89'09'16-W, A DISTANCE OF 22.00 FEET; THENCE RUN NOO'5Q'44-E, A DISTANCE OF 100.00 FEET AlONG A UNE
RUNNING' PARAUa TO SAID EAST UNf; 1HENCE RUN S89'09'16-E, A DISTANCE OF 22.00 FEET TO 1HE POINT OF
BEGINNING.
CONTAINING 2,200 SQUARE fEET OR 0.05 ACRES. MORE OR LEss.
~J;;;c;;;n;-;;;; Ul8m)
PROFESSIONAl SURvtYOR AND MAPPER
flORIDA UCENSE NO LS 4878
TliIS L.!:r DAY OF ~ 200S.
tWIE:
THE PARCEL BEARING, DISTANCES, AND AREAS
CAlCULATED ARE BASED ON A FIELD SUR\lEY OF
SECTION 14. BASIS Of BEARING: STATE PLANE
COORDINATE SYSTEM, F1.A. EAST ZONE, '83;90.
THIS IS NOT A SURVEY
COONER 8< ASSOCIATES, INC.
SURYEYlNO AND MAPf'IHG
5670 Zip DRIVE, FORT MYERS. FlDRIDA 339Ol5
'1'l!1.EPHONE: 239.277.0722 FAX: 239.277.71791Oo1o\1C 8URVE'tlNcaecooNItR.COM
CUENT: GREELE'I' AND HANSEN, w: DRAWN BY: J.N.W.
PARCEL DESCRlPlION: WELL NO. 13 DAlE: 8/12/04
PRODUCTION WELL. UllUlY EASEMENT IN 1HE
SW 1'i4 OF 1HE NW ;/4 OF SEC 14-.50-26 PRO.ECT No: 020901
(JiEQ(ED BY; J.N.W. '
SCALE: 1..30' IREV: 3/31/05
DWG NO:SEC14W-TCE(P13) SHEET: 1 OF 1
EXHIBIT ~
Page.J..3......M -::JI:.
Aqenda Item No, 16C 1
-September 13,2005
Page 20 of 29
PROJECT
PARCEl
FOlIO
'7()'6c;~1
97'1
N/A
SKETCH AND DESCRIPTION OF A UTILITY
EASEMENT FOR PRODUCTION WELL NO. 28
IN THE NW 1/4 OF THE SW 1/4 OF SECTION 14, TWP 50 S,
RGE 26 E, COWER COUNTY, FlORIDA
~
01
Ii
o I
I
I
~
~~
~
1&.1
.;
g.
d~
cog
z
t~
t~
J.
N89'09'16"W
22.00'
22'
100'
HENDERSON CREEK
CANAL R/W
22.00' I P.O.B.
589'09'16"E ~
:J
~
0::
1&.1
1&.1
. "
~ ~ 4,.
jO""
g~
z
4.
KEX:
R/W - RIGHT-OF-WAY
P.O.B.-POINT OF BEGINNING
P.O. C.-POINT OF COI.4UENCEUENT
.
P.O.C.
SW CORNER
SECnON 14 \I/'
N87'38'~.L 100.16'
~ S UNE SECTION 14
DE:SCRIPnON A PARCEL LYING IN THE NORTHWE:ST 1/4 OF THE SOUTH'ItEST 1/4 OF SECllON 14, TOWNSHJP,~
SOUlH, RANGE 26 EAST, COWER COUNTY, FlORIDA:
COUIolENClNG AT THE SOUlHWEST CORNER OF SAID SECnON 14, THENCE RUN N87'38'03"E, A DISTANCE OF 100.16
FEET ALONG THE SOUTH UNE OF SAID SECllON TO lHE EAST UNE OF THE HENDERSON CREEK CANAl
RIGHT-OF-WAY; THENCE RUN NOO'SO'44"E, A DISTANCE OF 2471.47 FEET AlONG SAID EAST UNE TO THE POINT OF
BEGINNING; THENCE CONTINUE NOO'SO'44"E, A DISTANCE Of 60.00 FEET AlONG SAID EAST UHf; THENCE RUN
N89'09'16"W, A DISTANCE OF 22.00 FEET; THENCE RUN SO<r5Q'44"W, A DISTANCE OF 60.00 FEET AlONG A UNE
RUNNING PARALLa TO SAID EAST UNE; THENCE RUN 589'09'16"E, A DISTANCE OF 22.00 FEET TO THE POINT OF
BEGINNING.
CONTAINING 1,320 SQUARE FEET OR 0,03 ACRES. MORE OR LESS.
~ ~
lHE PARCEL BEARING, DISTANCES, AND AREAS
--- ----------------- CAU::Ul.AlED ARE BASED ON A AElD SUR~Y OF
N. VotlkISON (FOR THE F1RU La6nJ) SECllON 14. BASIS OF BEARING: STATE PlANE
P ONAL SUR~ AND UAPPER COORDINATE SYSTnl, flA. EAST ZONE, '83/,90.
~~fuY~~N~~~~~5. THIS IS NOT A SURVEY
COONER & ASSOCIATES. INC.
SURVEYING AND MAPPING
15670 ZIP DRIVE, FORT MYERs. FLoRIDA 339015
1'l!I..EPttoNE: 239.277.0722 FAX: 239.277 .7179 EMAIL: 8URVlMNGOCooNER.COM
CUENT: GREElEY AND HANSEN, LtC DRA~ BY: .ifF
PARCEl. DESCRJpnON: WEll NO.~. DAm 8/24/04
PRODUCllON WELl UllUTY EASEuENT IN
NW 1/4 OF THE SW 1/4 OF SEC 14-50-26 PRo..ECT No: 020901
CHEa<ED BY: J.N.W.
SCALE: 1"-30' I REV: 3/31/05
PWG NO:SEct4W-lCE(P2J)fSHEET: 1 OF 1
Agenda Item No, 16C1
September 13, 2005
Page 21 of 29
EXHIBIT ~
Page ..J1;i....JJI-:::Ir:.
PROJECT
PARCEL
FOlIO
7 ()( c, ~ I
'1t60
~/JJ
SKETCH AND DESCRIPTION OF A UTILITY
EASEMENT FOR PRODUCTION WELL NO. 19
IN lHE NW 1/4 OF THE SW 1/4 OF SECTION 14, TWP 50 S,
RGE 26 E, COWER COUNTY, FLORIDA
SST34'18"W I
22.04'
i'ii
01
Ii
d
t.~
~N
/.
~ j>I ,
~~ ~~
~~ ~~
z
100'
HENDERSON CREEK
CANAL R/W
1&.1
~
~
It:
22.04 f P.O.B. 1&.1
N87'34'1B"E
I
I
,I
22'
P.O.C,
SW CORNER
SECllON 1... \ /"
~.'
~~
8-
N87'38'03'E 100.16' . z ~ _ -
- - - ~ S UNE SEClIOO 1... .'
I)E~IPll0N A PARCEl. LYING IN 1HE NORlHWEST 1/4 OF 1HE SOUlHWEST 1/4 Of SECllOO.14, TO'MlSHIP 50
SOUlH, RANGE 26 EAST, COWER COUNTY, FLORIDA:
COMMENCING AT 1HE SOUlHWEST CORNER OF SAID SEClIOO 14, THENCE RUN N81'38'03"E. A DISTANCE OF 1oo.1S
FEET AlONG lHE SOUlH UHE OF SAID SEClION TO lHE EAST UHE OF lHE HENDtRSON CREEK CANAl
RIGHT-OF-WAY; lHENCE RUN Noo'l50'''"E, A DISTANCE Of' 1534,14 FEET AlONG SAID EAST LINE TO lliE POINT Of
BEGINNING; lHENCE CONlINUE Noo'50'44'E, A DISTANCE OF 100.00 FEET AlONG SAID EAST UHE; lHENCE RUN
S87"3....1S.W, A DISTANCE Of 22,04 FEET; lHENCE RUN S00'50'''"W, A DISTANCE Of 100.00 FEET ALONG A UNE
RUNNING PARAU..El TO SAID EAST UNE: lHENCE RUN NS7'34'18"E, A DISTANCE Of 22.04 FEET TO lHE POINT Of
BEGINNING.
CONTAINING 2,204 SQUARE fEET OR 0.05 ACRES, MORE OR LESS.
HQIE:
~~ ~ lHE PARCEl. BEARING, DISTANCES. AND AREAS
--- -N. 'Mu<~sO;;-(FOR;;EM~ l.B6773) ~WW ":fsa~A~ ~G~A~R~r
PR SSlONAL SURV'EYOR AND UAPPER COORDINAlE SYSTEt.t, flA, EAST ZONE. 'B3/'&0.
~O:P~ t1~ySE of~Lt,'1h~5. THIS IS NOT A SURVEY
COONER & ASSOCIATES. INC.
SURVE\'ING AND MAPPING
5670 ZIP DRIVE. FORT'MYERs. F\.ORIDA 33DOlS
TELEPHONE: 239.277.0722 FAX: 239.277.717IUMAIL: lIUflVIMNGlICOOlER.COM
.
!SEX:
R/W - RIGHT-OF-WAY
p.o.a.-POINT OF BEGINNING
P.O.C.-POINT OF COMMENCEMENT
WENT: GREELEY AND HANSEN. LLC DRAWN BY: .RF
PARCEL DESCRIPTION: WELL NO. 11i1 DATE: 8/3/04
PRODUClION WELL UnUTY EASEMENT IN' ntE
NW 1/4 OF ntE SW 1/4 Of SEC 14-50-26 PROJECT No: 020901
OIEO<ED BY: J.N.W.
SCALE: 1'.100' TREY: 3/31/06
DWG NO:SEC14W-TCE(P1ijSHEET: 1 OF 1
EXHIBIT -L.
Page -LLOi::.J:r:.
Agenda Item No, 16C1
September 13, 2005
Page 22 of 29
PROJECT
PARCEl
FOLIO
7o'if'iill
'1 '6'/
H/A
~
SKETCH AND DESCRIPTION OF A UTILITY
EASEMENT FOR PRODUCTION WELL NO. 15
IN THE SW 1/4 OF SECTION 1..., TWP 50 S, RGE 26 E
COWER COUNTY, FLORIDA
S8T36'J4.W
22.04'
L~
~~
t
~
~S
&i
...
;
~~
(Do
o
Z
22'
in
01
a:
o
100'
HENDERSON CREEK
CANAL R/W
22.04' I P.O.B. ...
N87'38'34"E ~
~
Q:
....
P.O.C.
SW CORNER
SECTION 14 \,.....-
&AI .
~io
~~
gg
z
N87'38'03"L
100.16'
'--- S UNE SECl10N 14
-\
KE:(:
R/W - RIGHT-OF-WAY
P.O.B.-POINT OF BEGINNING
P.o.C.-paNT OF COUUENCEMENT
DfSCR'F>l1ON A PARCEl LYING IN lHE SOUlHWEST 1/4 OF SEClION 14, TOWNSHIP 50 SOUlH, RANGE 26. EAST,
COWER COUNTY, flORIDA:
COIoll.tENClNG AT lHE SOUlH'hEST CORNER Of' SAID SECTION 14, lliENCE RUN N87'J8'OJ.E, A DISTANCE Of' 100,16
fEET ALONG lIiE SOUlli UHf Of' SAID SECl10N TO lIiE EAST LINE OF lHE HENDERSON CREEK CANAL
RIGHT-OF-WAY: lliENCE RUN NOO'SQ'....E. A DISTANCE Of 609,88 FEET AlONG SAID EAST UNE TO THE POINT Of'
BEGINNING; lHENCE CONTINUE NOO'SQ'..."E. A DISTANCE Of 60.00 fEET ALONG SAID EAsT LINE: lHENCE RUN
S87'36'34"W, A DISTANCE Of' 22.04 fEET: lliENCE RUN SOO'SQ'''"W, A DISTANCE Of' 60.00 FEET ALONG A UNE
RUNNING PARAlla TO SAID EAST UNf: lHENCE RUN N87'J6'J4.E, A DISTANCE Of 22.04 fEET TO lHE POINT OF
BEGINNING.
CONTAINING 1.322 SQUARE FEET OR 0.03 ACRES. MORE OR lESS.
~k-.
J N. WILKISON (FOR THE AR'" LB6773)
PR SSIONAL SURVEYOR AND MAPPER
flORIDA UCENSE Nq. !-S -4a76
llilS 1.tt:" Oil. Y OF ~ 2005.
wm::
lHE PARCEl.. BEARING, DISTANCES, AND AREAS
CALCUt"A TED ARE BASED ON A FIELD SURVEY Of'
SECl10N 14. BASIS OF BEARING: STATE Pt"ANE
COORD/Nil. TE SYSTEU, A.A. EAST ZONE, '83/'90.
lHlS IS NOT A SURVEY
COONER 8:' ASSOCIATES, INC.
SURVEYING AND ~G
5670 ZIP DRIVE, FORT MYERs. FloRIDA S390!5
'T'Et.aPHoNE:: 239.277.0722 FAX: 239.277.7179 EMAlL: SURVEYlNGOCooNI!R.COM
CUENT: GREELEY AND HANSEN, u..C DRAM'4 BY: oRF
PARCEL DESCRIpnON: v.aJ. NO. 15._ DATE: 8/12/04
PRODUCl1ON Vofll. vnUlY EASEUENT IN lH
SW 1/4 OF' SEC 14-50-28 PROJECT No: 020901
CHECKED BY: J.N.W.
SCALE: '..30' REV: 3/31/05
DWG N0:sEC14W-TCE(P15 SHEET: 1 OF' 1
Agenda Item No. 16C1
September 13, 2005
Page 23 of 29
PROJECT: SCRWTP RO Expansion to 20 MGD Wellfield Project
ACCESS EASEMENT
THIS EASEMENT, made and entered into this _ day of , 2005,
by COlliER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA,
whose post office address is 3301 East Tamiami Trail, Naples, Florida 34112,
hereinafter referred to as "Grantor", to the BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER
COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COlliER
COUNTY WATER-SEWER DISTRICT, whose post office address is 3301 East
Tamiaml Trail, Naples, Florida 34112, its successors and assigns, hereinafter referred
to as "Grantee".
WIT N E SSE T H:
Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable
consideration paid by the Grantee, the receipt and sufficiency of which is hereby
acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a
perpetual, non-exclusive easement for access purposes, on, over and within the
following described lands located in Collier County, Aorida, to wit:
See attached Exhibit "A" which is
incorporated herein by reference.
Subject to easements, restrictions, and reservations of record.
THIS IS NOT HOMESTEAD PROPERTY.
TO HAVE AND TO HOLD the same unto the Grantee, together with the right to enter
upon said land for the purpose of constructing, operating and maintaining utility facilities
adjacent thereto. The easement granted herein shall constitute easements running
with the land and shall burden the lands described above.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the
date and year first above written.
ATTEST:
DWIGHT E. BROCK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
FRED W. COYLE, Chairman
,Deputy Clerk
Approved as to form and
legal sufficiency:
L~ u.~
Ellen T. Chadwell
Assistant County Attorney
AE
1
EXHIBIT /I
Page-LJ1f -z::..
I
~
I
I
I
I
I
PROPOSED
UTILITY
EASEMENT
---1
I
I
I
IJJ
a
. t')
Nil)
0).
.0
~~
o
o
z
;..--C}..~~-;;;.-;;;,; LBB713)
~i~ SURvEYOR AND MAPPER
FLORIDA LICENSE NQ. 1S 4876
THIS ~:t&^Y ofCI~ 2004.
Agenda Item No. 16C1
September 13, 2005
Page 24 of 29
PROJECT J 0 $ C; 21
PARCEl ~'9
FOLIO AJ;l19
SKETCH AND 'DESCRIPTION
OF AN ACCESS EASEMENT
IN lHE NW 1/'" OF SECTION 2, lWP 50, S,
RGE 26 Eo COWER COUNTY, FLORIDA
lRACT 10,
TOlLGA TE COUMERClAl
CENTER, PHASE 2.
P.B. lB, PGS. 23-24 / SEC 2
NORTH UNE NW 1 4. .
P.D.B.Cl)
P.D.C.(2)
SE CORNER OF
TOlLGATE COUMERClAL
CENTER. PHASE 2.
P.B. 18, PGS. 23-24
155,02' 'j
NBg.56'1 B-E
NORTH R/W UNE
. IJJ
lOa
"!12
-.
""'0
-10
b
o
z
~
a .
12~
bd ;.,
~,..., '"
8- d
UJ 0)
m:
P.B. - PLAT BOOK
PG.(S) - PAGE(S)
P.D.B. - POINT DF BEGINNING
P.D.C. - POINT OF COMMENCEMENT
R/W - RIGHT-OF-WAY
BECK BLVD.
589"31'2S-W
155,04'
P.O.B.(2) l
155.04'
NB9',31'25-E
~
.
b 12
Ob
cd .to
0) 8
UJ
FLORIDA POWER'" UGHT
COMPANY RIGHT-OF-WAY
EASEMENT
155,02'
589'55'16-W
SOUTH R/W UNE
SEE SHEET 2 OF 2
FOR DESCRIPTION
tWlE:
THE PARCEl BEARING. DISTANCES, AND AREAS
CAlCULATED ARE BASED ON A AElD SUR'A::Y OF
SECllON 11. BASIS OF BEARING: STAlE PlANE
COORDINATE SYSTEM. flA. EAST ZONE. '83/90.
THIS IS NOT A SURVEY
JEFFREY C. COONER AND ASSoaA TES. INC.
SURVEYING AND MAPPING '
3900 ca..ONIAL BLVD" SUITE..., FORT MYERS. FLORIDA 33912
PHONE: (239)2n-0722 FAX: (239)2n-7179 EWAlL: SURVE'rlNGOCOONER.COM
WENT: GREELEY AND HANSEN. LlC DRAWN BY: ...,14 CHECKED BY: J.N.W.
PARCEL DE'SCRlpnON: DATE: 9/8/04 SCAlE: '--JO' REV: 10/20/04
AN ACCESS EASEMENT IN THE
NW 1 · OF SEe 2-50-26 PROJECT No: 020901 DWG No: -fPl. - SHEET: 1 OF 2
Agenda Item No, 16C1
September 13, 2005
Page 25 of 29
EXHIBIT ~
page~
PROJECT
PARCEL
FOLIO
7oC(,'1?-{
~~Cf
SKETCH. AND DESCRIPTION
OF AN ACCESS EASEMENT
IN lHE NW 1/4 OF SEC110N 2, TWP 50, 5,
RGE 26 E, COWER COUNTY, FLORIDA
DESCRIPTION OF PARCELS OF LAND IN 'THE NOR'TH~ST 1/4 Of SECTION 2,
TOWNSHIP 50 SOU'TH, RANGE 26 EAST, COWER COUN1't', FLORIDA,
DESCRIBED AS FOLLOWS:
(1 )BEGlHNING AT 'THE SOU'THEAST CORNER OF TOlLGA 1t: COMMERCIAL
CENTER, PHASE TWO, AS RECORDED IN PLAT BOOK 18, PAGES 23-24,
PUBUC RECORDS OF COWER COUN1't', FLORIDA, 'THENCE RUN S 00'50'53-
W FOR A DISTANCE OF 170.23 FEET ALONG 'THE EAST UNE OF A FLORIDA
POWER AND UGHT COMPANY RIGHT-OF-WAY EASEMENT; 'THENCE RUN S
89'31'25- W FOR A DISTANCE OF 155.04 FEET TO A UNE 'THAT RUNS
PARALLa TO SAID EAST UNE OF A FLORIDA PO'lfm AND UGHT COMPANY
RIGHT-Of-WAY EASEMENT; 'THENCE RUN N 00'50'53- E FOR A DISTANCE
OF 171,35 FEET ALONG SAID UNE: 'THENCE RUN N 89'56'1B- E FOR A
DISTANCE OF 155.02 FEET ALONG 'THE NOR'TH RIGHT-OF-WAY UNE Of
BECK BOULEVARD TO 'THE POINT OF BEGINNING,
AND,
(2)COt.tMENCING AT 'THE SOU'THEAST CORNER Of TOLLGA 1t: COt.tMERClAL
CENTER, PHASE TWO, AS RECORDED IN PLAT BOOK lB, PAGES 23-24,
PUBUC RECORDS Of COWER COUNTY, FLORIDA, 'THENCE RUN S 00'50'53-
W fOR A DISTANCE OF 190,23 fEET TO 'THE POINT OF BEGINNING; 'THENCE
CONTINUE S 00'50'53- W FOR A DISTANCE OF 9B.00 FEET ALONG SAID
EAST UNE OF A FLORIDA POWER AND UGHT COMPANY RIGHT-Of-WAY
EASEMENT TO 'THE SOUTH RIGHT-OF-WAY UNE OF BECK BOULEVARD;
'THENCE RUN 'THENCE RUN S B9'55'16- W FOR A DISTANCE OF 155.02
FEET ALONG SAID UNE: THENCE RUN N 00'50'53- E FOR A DISTANCE Of
96.92 FEET ALONG A UNE THAT RUNS PARALLEL TO SAID, EAST UNE Of A
FLORI!)A POVtER AND UGHT COMPANY RIGHT-Of-WAY EASEMENT; 'THENCE
RUN N B9'31'25- E FOR A DISTANCE OF 1~5.04 FEET TO 'THE POINT OF . .'
BEGINNING.
CONTAINING 41,580 Square Feet or 0.95 Ac.:!:.
SEE SHEET 1 OF 2
fOR SKETai
JEFFREY C. COONER AND ASSOCIATES. INC.
suRVE't1NG AND MAPPING
3900 COLONIAL BLVD.. SUllE 4, FORT MYERS, FLORIOA 33912
PHONE: (239)277-0722 FAX: (239)277-717i [MAIL: SURVE't1NGOCOOHER.COM
QJENT: GREELEY AND HANSEN, LLC pRAWN BY: .... CHEa<ED BY: J.N.W.
PARCEL DESCRlPnoN: DAlE: Q/8/04 SCALE: REV:
AN ACCESS EASEMENT IN lHE '
NW 1/4 Of SEe 2-50-2& PROJECT No: 020Q01 DWO No: W;":n..\ -" SHEET: 2 OF 2
Agenda Item No. 16C1
September 13, 2005
Page 26 of 29
EXHIBIT +
Pagt -.r:..:;" ...J-
SKETCH AND DESCRIPTION OF A
TEMPORARY CONSTRUCTION EASEMENT
FOR PRODUCTION WELL NO. 1
IN THE NW 1/4 OF SECTION 2, TWP 50, S,
RGE 26 E, COWER COUNTY, flORIDA
NORTH
P.O.C.
N. 1/4 CORNER
OF SEC. 2 2
LINE OF THE NW 1/4 OF SEC.:- 2+ _.A
1'.- 777.00'
, : I..a.J SBT1S'31"W
. I ~
lO '>.
N<. 10
. 1 N
Nib
~ 0
I V1
P.O.B. I
.0;;
BECK BL YO.
~
N 89'31'25" E
lBO.OO'
PROPOSED 20'
UllLlTY
[ASE"[~
.
~b
10 0
f" d
o CD
o
z S
~
. .
8~
dio
Of"
8
W KEY:
P.O.B. - POINT OF BEGINNING
P.O.C. - POINT OF COMMENCEMENT
60.00'
.
It)
.W!'l
. IX)
of"
qo
~o
z
en
DESCRIPTION:
A PARCEL IN THE NORTHWEST 1/4 OF SECTION 2, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER
COUNlY. flORIDA, DESCRIBED AS FOlLOWS:
COMMENCING AT THE NORTIi 1/4 CORNER OF SAID SECTION 2, TIiENCE RUN S 87"15'31" W FOR A
DISTANCE OF 777.00 FEET ALONG TIiE NORTH LINE OF lltE SAID NORTHWEST 1/4 OF SECTION 2;
THENCE RUN S 00'28'35" E FOR A DISTANCE OF 121.25 FEET TO THE POINT Of BEGINNING;
THENCE CONTINUE S 00'28'35" E FOR A DISTANCE OF 100.00 FEET; THENCE RUN S 89'31'25" W
FOR A DISTANCE OF 120.00 FEET; THENCE RUN N 00'28'35" W FOR A DISTANCE OF 40.00 FEET;
THENCE RUN S 89'31'25" W FOR A DISTANCE OF 60.00 FEET; THENCE RUN N 00'28'35" W fOR A
DISTANCE OF 60.00 FEET; THENCE RUN N 89'31'25" E FOR A DISTANCE OF 180.00 FEET TO THE
POINT OF BEGINNING.
CONTAINING 15,600 SQUARE FEET or 0.36 ACRES, MORE OR LESS.
120.00'
S 89'31'25" W
~.
---- -------~-
wm:
lHE PARCEL BEARING, DISTANCES. AND AREAS
CALCULATED ARE BASED ON A nELO SURVEY OF
SECTION 11. BASIS OF BEARING: STATE PLANE
COORDINATE SYSTEM. FLA. EAST ZONE, '83/,90.
THIS IS NOT A SURVEY
JEFFREY C. COONER AND ASSOCI A lES. INC.
SURVEYING AND MAPPING
3900 COLONIAL BLVD., SUITE 4, FORT MYERS, flORIDA 33912
PHONE: (239)2n-0722 FAX: (239)2n-7179 EJofAlI.: SUR\'E'(JNGGCOONER.COM
CUENT: GREELEY AND HANSEN. U.c DRA~ BY: ....M CHECKED BY: J.N.W.
PARCEL DESCRIPnON: ~LL NO.1 DATE: 7/1D/D4 SCALE: 1"-60'
TEMP. CONSlRUCTION EASEMENT IN lHE
NW"l 4 OF SEC 2-50-26 PROJECT No: 020901 DWG No:
S N. WILKISON (FOR ruE fiRM LB6773)
FESSlONAL SURVEYOR AND MAPPER
ORIOA UCENSE N~~876
lHIS~ DAY OF, 2004,
REV: 10/20/04
- SHEET: I OF 1
Agenda Item No. 16C1
September 13, 2005
Page 27 of 29
EXHIBIT ...L
Page -2:.-Gf..!L-
SKETCH AND DESCRIPTION
OF A SO' TEMPORARY CONSTRUCTION EASEMENT
IN ltlE NW 1/4 Of SECllON 2, lWP 50, 5,
RGE 26 E, COWER COUNlY, FLORIDA
P.O.C.
N. 1/4 CORNER
NORTH
OF SEC.
LINE OF THE NW 1/4 OF SEe..:... 2Jy- _
1'.- 777 .00'
\ w S8T15'31"W
- ~ 'Ll)
~< .!'l
. 1 DJ
;::::. I f"l
~ 0
P.O.B. 180.00' I g
---^V--J
27
-,Ii
374,54'
b~
O.
'10
01")
I") -
III
5'1
8
z
1->-
J:e(
(!)~
:JJ.
.Ida
I
0::1-
~~
00::
0->-1-
e(ZQ
oe(~
a;:O-w
O~Vl
.JOe(
lJ,..UW
BECK BLVD.
SB9.31'25-W
:1=
.
1")-
100
- 0
o '
'P~
8
(I)
373.84'
m:
P.O.B. - POINT Of BEGINNING
P.O.C. - POINT OF COMMENCEMENT
I
1-
N89'31'25-E
PROPOSED 20'
UTILI TY
EASEMENT
-I\r-
DESCRIPTION:
A STRIP OF LAND IN THE NORTHWEST 1/4 OF SECTION 2, TOWNSHIP 50 SOUTH, RANGE 26 EAST.
COLLjER COUNTY. FLORIDA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTH 1/4 CORNER OF SAID SECTION. 2. THENCE RUN S 87"15'31- W FOR A
DISTANCE OF 777.00 FEET ALONG lHE NORTH LINE Of ""!HE SAID NORTHWEST 1/4 OF SECTION 2;
""!HENCE RUN S 00'28'35- E FOR A DISTANCE OF 171.25 FEET; ""!HENCE RUN S 89'31'25- W fOR A
DISTANCE OF 180.00 FEET TO ""!HE POINT OF BEGINNING; THENCE CONTINUE S 89'31'25- W FOR A
DISTANCE OF 373.84 fEET TO ""!HE EAST LINE OF A FLORIDA POWER AND LIGHT COMPANY
RIGHT-OF-WAY EASEMENT; ""!HENCE RUN S 00'50'53- W FOR A DISTANCE OF 30.00 FEET ALONG
SAID LINE; ""!HENCE RUN N 89'3\'25- W FOR A DISTANCE OF 374.54 FEET; lHENCE RUN N
00'28'35- W FOR A DISTANCE OF 30.00 FEET TO ""!HE POINT OF BEGINNING.
CONTAINING 11.225.70 SQUARE FEET. OR 0.26 ACRES. MORE OR LESS.
--- .- --~----
N. WILKISON (FOR lllE FIRM LB677.3)
P SSlOHAL SUR\lEYOR AND MAPPER
FL ID~ l,.lCENSt Nil. l,S 4876
llllS ~DAY Of" ~2004.
tiOlE:
THE PARCEL BEARING, DISTANCES, AND AREAS
CALCULA TED ARE BASED ON A FIELD SURVEY Of"
SECTION 11. BASIS OF BEARING: STATE PLANE
COORDINATE SYSTEM, FLA. EAST ZONE. '83/'90.
nus IS NOT A SURVEY
JEFFREY C. COONER AND ASSOCIA lES, INC.
SUR\IE'I1NG AND MAPPING
3900 COLONIAL BL \10" SUllE 4, FORT MYERS, fLORIDA 33912
PHONE: (239)277-0722 FAX: (239)277-7179 ELCAIl.: SUR\IE'l'INGOCOONER,COU
CUENT: GREELEY AND HANSEN, LLC DRAWN BY: ..Nt.l CHECKED BY: J.N.W.
PARCEL DESCRlPllON: DAlE: 7/20/04 SCALE: 1--30'
TEUPORARY CONSlRUCTION EASEMENT
IN lllE NW 1 4 Of SEC 2-50-26 PROJECT No: 020901 DWG No:
Agenda Item No. 16C1
September 13, 2005
Page 28 of 29
EXHIBIT ....L
Page~....!:i..-
SKETCH AND DESCRIPTION OF A
TEMPORARY CONSTRUCTION EASEMENT
FOR PRODUCTION WELL NO. 2
IN lliE NW 1/4 OF SECTION 2, TWP 50, S,
RGE 26 E, COWER COUNTY, flORIDA
~ \ P.D.C.
. ~NW CORNER OF
~ '0 SEC. 2 BECK
'b 0
ll'l lfi
o ~
o
BLVD.
L,
f~
N
PROPOSED
PROOUCTlON
WELL NO,! PROPOSED 20'
UTILI TY
EASEMENT UTILITY
589'52'OO"E EASEMENT ~
'--9~OO'----~ -- f/
I 0 __ ~
I ;B9'fi?'OO-F
I P.O.B. 60.00' e 589'52'OO.E
( ~ q 40.00'
· 0
gy-
io
P
o
o
(I)
t
Ul
u
w
Ul
w
z
:J
I-
(I)
~
.-
lO
())
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DESCRIPTION:
A PARCEL IN THE NORTHWEST 1/4 Of
SECTION 2, TOWNSHIP 50 SOUTH, RANGE 26
EAST, COLLIER COUNTY. FLORIDA.
DESCRIBED AS FOllOWS:
COMMENCING AT THE NORTHWEST CORNER
OF SAID SECTION 2. THENCE RUN S
00'50'44" W FOR A DISTANCE OF 115.00
FEET ALONG THE WEST LINE OF SAID
SECTION 2: THENCE RUN S 89'52'00" E
FOR A DISTANCE OF 95.00 FEET; THENCE
RUN S 00'08'00" W FOR A DISTANCE OF
40.00 FEET TO THE POINT OF BEGINNING;
THENCE RUN S 89'52'00" E FOR A
DISTANCE OF 60.00 FEET; THENCE RUN S
.00'08'00. W FOR A DISTANCE Of, ,10.00
FEET; THENCE RUN S 89'52'00" E fOR A
DISTANCE OF 40.00' FEET; THENCE RUN S
00'08'00" W fOR A DISTANCE Of 130.00
FEET; THENCE RUN N 89'52'00" W FOR A
DISTANCE OF 100.00 FEET; THENCE RUN N
00'08'00" E fOR A DISTANCE Of 140.00
fEET TO THE POINT OF BEGINNING.
CONTAINING 15,760 SQUARE FEET, OR 0.36
ACRES. MORE OR LESS.
0::
o
100.00'
NB9'52'00.W
KQ:
C.R. - COUNTY ROAD
P.O.B. - POINT OF BEGINNING
P.O.C. - POINT OF COMMENCEMENT
~;;.-~ ~1,~o;~H' ~" LB,,,,)
PR~iE SURVEYOR AND MAPPER
FLORIDA UCENSE NQ. L,$ 4876
lHIS'2'.1::::a! DAY OF ~ 2004.
tfQIE;
ll-IE PARCEL BEARING. DISTANCES. AND AREAS
CALCULA TED ARE BASED ON A FIELD SURVEY Of'
SEcnON 11. BASIS Of' BEARING: STATE PLANE
COORDINA TE SYSTEM. FLA. EAST lONE, '83/'90.
n-fls IS NOT A SURVEY
JEFFREY C. COONER AND ASSoaA TES, INC.
SURVEYING AND MAPPING
3900 COLONIAL BLVD., SUITE 04, FORT MYERS, FLORIDA 33912
PHONE: (239)2n-0722 FAX: (239)2n-7179 ELf All: SURVE'I'INGOCOONER.COU
CUENT: GREElEY AND HANSEN, LLC DRAWN BY: oHM CHECKED BY: J.N. W.
PARCEl DESCRIPTION: WELL NO.2 DATE: 7/19/04 SCAlE: '"-60' I REV: 10/20/04
TEMP. CONSmUCTION EASEMENT IN THE
NW 1/4 OF SEe 2-50-26 PROJECT No: 020901 DWG NO~JWI1 I-ZISHEET: I OF I
Agenda Item No. 16C1
September 13, 2005
Page 29 of 29
EXHIBIT .B
PagIt --!i.--M -::JI::.::.
SKETCH AND DESCRIPTION OF A
30' TEMPORARY CONSTRUCTION EASEMENT
IN niE NW 1/+ OF SECTION 2, TWP 50, S,
RGE 26 E, COWER COUNTY. flORIDA
i "'--
:= P.O.C.
NW CORNER OF,
.~ SEC. 2
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P.O.B. - POINT OF BEGINNINC
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PROPOSED 2:'1
unLlTY
EASEMENT
1001.38'
NB9'52'OOW
QESCRIPTlOH:
A STRIP Of LAND IN lHE NORTHWEST 1/4 OF SECTION 2, TOWNSHIP 50 SOUlH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
COMMENCING AT lHE NORTHWEST CORNER OF SAID SECTION 2, THENCE RUN 500'50'44" W FOR A
DISTANCE OF 115.00 FEET ALONG THE WEST UNE OF SAID SECTION 2; THENCE RUN S 89'52'00" E
FOR A DISTANCE OF \55.00 FEET; THENCE RUN S 00'08'00" W FOR A DISTANCE OF 20.00 FEET TO
THE POINT OF BEGINNING; THENCE RUN S 89'52'00" E FOR A DISTANCE OF \001.75 FEET TO THE
WEST LINE OF A flORID A POWER AND LIGHT COMPANY RIGHT-OF-WAY EASEMENT; THENCE RUN S
00'50'53" W FOR A DISTANCE OF 30.00 FEET ALONG SAID WEST LINE; THENCE RUN N 89'52'QO" W
fOR A DISTANCE OF 1001.38 fEET; THENCE RUN N 00'08'00" E fOR A DISTANCE OF 30.00 fEET
TO lHE POINT Of BEGINNING.
CONTAINING 30,437 SQUARE FEET. OR 0.70 ACRES, MORE OR LESS.
tlm:Ei
'tHE PARCEL BEARING, DISTANCES, AND AREAS
CALCULATED ARE BASED ON A AELO SURVEY OF
SECTION It. BASIS OF BEARING: STot,TE PLANE
COORDINATE SYSTEM. FLA. EAST ZONE. '8J/90.
------~---
N. WILKISON (FOR THE FIRM LB677J)
P SSlONAL SURvEYOR AND MAPPER
F\..ORIOA 1lCENSE NQ. Lj 4876
THIS ~ ~AY OF~ 2004.
THIS IS NOT A SURVEY
JEFFREY C. COONER AND ASSOCIATES, INC.
SURVEYING AND UAPPING
3900 COLONiAl BLVD" SUllE 4, FORT UYERS, Fl.ORIDA 33912
PHONE: (239)277-0722 FAX: (239)277-7178 EUAlL: SURVE'l1NGOCOONER,COU
CUENT: GREElEY AND HANSEN, LLC DRAWN BY: ~... CHECKED BY:
PARCEl DESCRIP110N: DAlE: 7/17/04 SCALE; 1"-30'
TEMPORARY CONSTRUCTION EASEMENT IN
THE NW 1 4 OF SEC 2-50-26 PROJECT No: 020901 CWO No:
REV: 10/20/04
- SHEET: 1 OF 1
-
,-
0'--"
Agenda Item No. 16C2
September 13, 2005
Page 1 of 21
EXECUTIVE SUMMARY
Recommendation to convey a Utility and Access Easement to the Water-Sewer District for
the construction and maintenance of water transmission mains on property owned by
Collier County within the Henderson Creek Canal corridor at an estimated cost not to
exceed $153.00, Projects 701511 and 701521,
OBJECTIVE: That the Board of County Commissioners of Collier County, Florida (Board),
convey a Utility and Access Easement to the Board of County Commissioners of Collier County,
Florida, as the Governing Body of Collier County and as Ex-Officio the Governing Board of the
Collier County Water-Sewer District (District). The public pwpose is to provide easements
required for the construction and maintenance of utility improvements and facilities for the
Collier Boulevard (CR-951) Water Transmission Mains Project (project).
CONSIDERATIONS: On May 25, 2004, Agenda Item 10 D, the Board adopted the 2003 Water
Master Plan Update to establish priorities for the design, acquisition, and construction of various
capital improvement projects. This Project has been identified as one of the capital improvement
projects required under the 2003 Water Master Plan Update, The Project involves the construction
of a 36-inch water transmission main along the CR-951 corridor between Davis Boulevard and
Rattlesnake Hammock Road, and a 3~-inch water transmission main along the CR-951 corridor
from Rattlesnake Hammock Road to U.S. 41, to replace an existing 20-inch water transmission
main and provide increased water capacity and pressure to service current and projected demand
for this area and to carry treated water from the South County Regional Water Treatment Plant
(SCRWTP) to proposed water storage facilities on Manatee Road. An overall Project Timeline is
attached,
On May 24, 2005, Agenda Item 16 C 10, the Board approved a resolution authorizing the
acquisition of the necessary rights and interests required for the Project. The attached Location
Map shows the approved location and extent of the Project.
Fourteen of the nineteen permanent easement parcels necessary for the Project are located on
property owned by Collier County within the Henderson Creek Canal corridor directly to the east
of CR-951 in the area shown on the attached Location Map. The South Florida Water
Management District (SFWMD) has control of permitting for all activities within this corridor.
Recent discussion with SFWMD has indicated that location of the water transmission mains
within the corridor is acceptable, providing that access along the east canal bank is maintained for
SFWMD, Staff recommends that the easements be conveyed at no cost to the District.
The attached Utility and Access Easement has been reviewed and approved by the County
Attorney's Office and the Public Utilities Division.
The Clerk's Finance and Accounting Division has reviewed the information contained in this
Executive Summary,
---
---
---
Agenda Item No. 16C2
September 13, 2005
Page 2 of 21
FISCAL IMPACT: The total cost will not exceed $153.00 for the recording of the Utility and
Access Easement. Funds are available in the Water Impact Fee Capital Budget as approved by the
Board on September 23, 2004, Source of funds is Water Impact Fees (411),
GROWTH MANAGEMENT IMP ACT: The Project is consistent with, and furthers the goals,
objectives and policies of, the Collier County Growth Management Plan,
RECOMMENDATION: Staff is recommending that:
1. The Board approve, and authorize Chairman Coyle to execute, the attached Utility
and Access Easement; and
2. The District accept the attached Utility and Access Easement; and
3. The District authorize the recording of the Utility and Access Easement in the
Public Records of Collier County, Florida.
PREPARED BY: Hans Russell, Senior Property Acquisition Specialist
Real Estate ServiceslFacilities Management Department
Item Number:
Item summary:
MeetinG Date:
Agenda Hem NO.1 GC2
September 13, 2005
Page 3 of 21
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16C2
Recommendalion II) convey a Uhlrty and Access Easemenllo the Water-Sewer District for
the construction and maintenance of water Iransmis'Oion mains on property O\Nned by Collier
County wlthin the Henderson Creek Canal corridor at an estimated cost not to exceed
$15300, Projects 701511 And 701521.
9113f2005 9:00:00 AM
Date
Prepared By
Hans Russell
Administrative Services
Senior Property Acquisition Specialist
Facilities Management
81312005 11 :13:43 AM
Thomll9 Wides
Operlrtlons Director
0...
Approved By
Public utilitiet:
Public UtUities Operotions
BJ3!200.!S 11:51 AM
Rolli Estate Services Manager
0...
Apllroved By
Charles E. Carr~f'TIdton, Jr.,
SRNlA
Facilities Management
BI3J200!i 11:W AM
Approved By
Principal Project Manager
Dote
Admlni$f.rlltive ServJce5
William D. Mulhn. PE
Public Utilities Engineering
8/312005 12:"2 PM
Ronak! F. Dillard. P .E.
Senior proJeal Manager
Dale
Publi"Utllities
Approved By
PUbfic Utilities
Public Utllltl.e9 Enginee-ring
313{20051;03 PM
Roy B. Anderton. P.E.
Public Utilities Engineering Director
Date
A pproved By
Public Utilities
Public UtWties Engineering
8/3120051:18 PM
Facilities Management Director
Date
Approved By
Sldp Camp. C.F.M.
Administrative ServicBs
Facllltle'S Mllnagcmenf
813/2005 2;28 PM
Toni A. Mott
Relit Property Supervisor
Oat.
Approved By
Admlnilrtratlve Services
Facilities Management
81512005 7:26 AM
Approved By
Public Utilities AdminlstrDtor
Dote
Jarn&S W. DeLony
Public Utilities
Public utilities Administratfon
BJ91200S 9:33 AM
AplJrond 8)-'
Administrative Assistant
Dote
OMB Coordinator
county Manager's Oftice
Office af Mnnagement & Budget
81912()()5 1:50 PM
Susan Usher
Senior Man<\gernerntfBudget Analy$f
Dote
Approved 8y
County Manager's Office
Office of Management & Budget
8/10/2005 11 :47 AM
Michael SmykQW8ki
Management & Budget DIrector
Dats
AI)llrOved 8y
Cnunty Man~ger's Office
Off~(:e 01 Management & Budget
tl123.'2005 1:23 PM
AIJproved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager'. Office
8/2.71200512:03 PM
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Agenda Item No, 16C2
September 13, 2005
Page 5 of 21
LOCATION MAP
County Road 951 Water Transmission Mains Project
Agenda Item No, 16C2
September 13, 2005
Page 6 of 21
PROJECT: CR-951 Water Transmission Mains Project 70151170152
UTILITY AND ACCESS EASEMENT
THIS EASEMENT, made and entered into this _ day of , 2005,
by COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA,
whose post office address is 3301 East Tamiami Trail, Naples, Florida 34112,
hereinafter referred to as "Grantor", to the BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER
COUNTY AND AS EX-oFFICIO THE GOVERNING BOARD OF THE COLLIER
COUNTY WATER-SEWER DISTRICT, whose post office address is 3301 East
Tamiami Trail, Naples, Florida 34112, its successors and assigns, hereinafter referred
to as "Grantee".
WIT N E SSE T H:
Grantor, for and in consideration of TEN DOLLARS ($10,00) and other valuable
consideration paid by the Grantee, the receipt and sufficiency of which is hereby
acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, its
successors and assigns, a perpetual, non-exclusive easement, license, and privilege for
utility and access purposes, on the following described lands located 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 HOMESTEAD PROPERTY,
TO HAVE AND TO HOLD the same unto the Grantee together with the right to
enter upon said land, excavate, and place or remove materials, including, but not
limited to, water lines and pipes, and other equipment or improvements appurtenant
thereto or thereunder for the purpose of constructing, operating, and maintaining utility
facilities thereon and adjacent thereto. The easement granted herein shall constitute
easements running with the land and shall burden the lands described above.
IN WITNESS WHEREOF, the Grantor has caused these presents to be
executed the date and year first above written.
ATTEST:
DWIGHT E. BROCK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
FRED W. COYLE, Chairman
,Deputy Clerk
Approved as to form and
legal sufficiency:
~v~
Ellen T. Chadwell
Assistant County Attorney
EXHIBIT L
P8ge~ ..1.2.-
PROJECT
PARCEL
F OLl 0
Agenda Item No, 16C2
September 13, 2005
Page 7 of 21
701 S-I 1"-
? 0 t ~-::t
'3:2, P
tV/A-
SKETCH AND DESCRIPTION OF .A
PERJlANENT UTILITY AND ACCESS EASEJ/ENT (82oP)
IN THE WEST 100' OF SECllON 11, TOWNSHIP 50 S,
RANGE 26 E, COlUER COUNTY, flORIDA
FOREST GLENN Of
NAPLES SUBDIVISION
PLAT BOOK 31, PAGE 94
1>- '"
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. ..----- PROPOSED TEMPORARY
i CONSTRUCTION EASEMENT
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P.O.C.
NW CORNER
SECTION 11
P.O.B.
N881 7' 44"E
40.04'
N8817'44-E _ _ _
60.06'
NORTH UNE SECTION 11
PROPOSED PERMANENT
UTILlT'I' EASEMENT
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HENDERSON CREEK
CANAL R/W (100')
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581'25' 490W
40.01'
sOUTH UNE SECTION 11
---
N87'2S'49"E 60.1\'
SW CORNER
SECTION 11
PROPOSED PERMANENT
UTILITY '" ACCESS
EASEMENT
~
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DESCRIPTION OF A PERMANENT UTIUTY AND ACCESS EASEMENT LVlNG IN THE EAST 40 FEET OF THE WEST 100 FEET
Of' SECTION 11, TOWNSHIP SO SOUTH, RANGE 26 EAST; COWER COUNTY, F1.0RIDA; MORE P ARTICULARL Y DESCRIBED
AS FOllOWS: '
COMMENCING AT THE NORTHWEST CORNER Of' SAID SECTION 11, THENCE RUN N8811'44"E, A DISTANCE Of 60.06
FEET ALONG THE NORTH UNE OF SAID SECTION TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID
NORTH UNE N8811'440E, A DISTANCE Of' 40.04 FEET TO THE EAST UNE OF THE HENDERSON CREEK CANAL
RIGHT-Of-WAY; THENCE RUN SOO'SO'44"W, A DISTANCE Of 5505.38 FEET ALONG SAID EAST UNE TO THE SOUTH
UNE Of SAID SECTION 11; lliENCE RUN S87'2S'49"W, A DISTANCE Of 40.07 FEET ALONG lHE SOUTH UNE Of SAID
SECTION 11; THENCE RUN NOO'SO'44"E, A DISTANCE Of 5505.99 FEET ALONG A UNE THAT IS PARAllEL ~TH AND
40 FEET WESTERLY Of SAID EAST LINE OF THE HENDERSON CREEK CANAL RIGHT-Of-WAY TO THE POINT Of
BEGINNING.
CONTAINING 220,220 SQUARE FEET OR S.06 ACRES, MORE OR LESS.
liQIE;
11-IE PARCEL BEARING, DISTANCES, AND AREAS
CALCULATED ARE BASED ON A AElD SURVEY Of
SECTION 11. BASIS OF BEARING: STATE. PlANE
COORDINATE SYSTEM, F1.A. EAST ZONE, '83/90.
THIS IS NOT A SURVEY
COONER &: ASSOCIATES, INC.
SURVE'Y1NG AND MAPPING
5670 ZIP DRIVE, FORT MYERS, FLORIDA 33905
PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURI,{:'Y1NGCCOONER.COM
CUENT: GREELEY AND HANSEN, U.C ORA'^'" BY: DKT CHECKED BY: JNW
PARCEl DESCRIPl1ON: DATE: D4/as/De SCALE: 1"-20' REV:
PERM. UTlUTY a: ...CCESS EASEUENT IN THE
WEST 100' Of SEe 11-50-26 PRO.ECT No: 030705W.... DWG No:OJ07D5WA-ESU SHEET: 1 Of 1
--~-------
DARREN TOWNSEND (FOR THE ARM LB6773)
PROFESSIONAL SURvtVOR AND MAPPER
F1.ORlD.A ,UCENSE NO. LSA5476
THIS ~ DAY Of P}:"/l
200S.
EXHIBIT ..L-
Page ...A....ot ...i.S..-
PROJECT
PARCEL
FOLIO
Agenda Item No. 16C2
September 13, 2005
Page 8 of 21
701,1 )'-
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33, '?
N/A:
,
SKETCH AND DESCRIPTION OF A
PERJlANENT UTILITY AND ACCESS EASEMENT (SS.P)
IN THE WEST 100' OF SECTlON 14, TOWNSHIP 50 S,
RANGE 26 E, COLUER COUNTY, FlORIDA
P.O.C. PROPOSEO PERMANENT
V NW CORNER UTILITY '" ACCESS
EASEMENT
SECTION 14 P.O.B.,
~L NOR"!:!.. UNE SECTION 14 N87'25' 49t: J'
\ 40,07' i
" N87'25' 49'E 60.1" ~~ ~~
HENDERSON CREEl<
;> CANAl R/W (100') . ~ .~~~
40' ffi~ J.
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PROPOSED PERMANENT <
UTILITY EASEMENT ~
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~ SOUlli UNE SECTION 14 Z-~(5C5lD
ao:: 11.11.:::E
~ "l N87'.36'O.3'E 60.10' 40.06' u I I I. I.~
..I.~ .lll<-!I
PROPOSED PERMANENT ~o:: 0::000
SW CORNER UTILITY'" I\CCESS uo::on:o.:z
SECTION 14 EASEMF:NT
DESCRIPTION OF A PERMANENT UTIUTY AND ACCESS EASEMENT LYING IN THE EAST 40 FEET OF THE WEST 100 FEET
OF SECTION 14, TOWNSHIP 50 SOUlli, RANGE 26 EAST; COWER COUNTY, FLORIDA; MORE PARTICULARLY DESCRIBED
AS fOLLOWS:
COUMENCNG AT lllE NORlllWEST CORNER OF SAID SECTION 14, lllENCE RUN N67'25'49'E, A DISTANCE OF 60.11
FEET AlONG THE NORlll UNE OF SAID SECTION TO THE POINT OF BEGINNING; lllENCE CONTINUING ALONG SAID
NORlli UNE N67'2S'49'E, A DISTANCE Of 40.07 FEET TO lllE EAST UNE OF THE HENDERSON CREEK CANAL
RIGHT-OF-WAY; THENCE RUN SOO'SO'44'W, A DISTANCE OF 5.357.46 FEET ALONG SAID EAST UNE TO lllE SOUTH
UNE OF SAID SECTION 14; THENCE RUN S67'.36'0.3'W, A DISTANCE Of 40.08 FEET ALONG 'THE SOUTH UNE OF SAID
SECllON 14; lliENCE RUN NOO'SO'+4'E, A DISTANCE OF 5.357.31 FEET AlONG A UNE THAT IS PARAli.EL WITH AND
40 FEET WESTERLY OF SAID EAST UNE OF THE HENDERSON CREEK CANAL RIGHT-OF-WAY TO THE POINT Of
BEGINNING.
CONTAINING 214,260 SQUARE FEET OR 4.92 ACRES, MORE OR LESS.
--~~~~-----
f:tQIE;
THE PARCEL BEARING, DISTANCES, AND AREAS
CAlCULA TED ARE BASED ON A FIElD SURVEY OF
SECllON 14. BASIS Of BEARING: STATE PlANE
COORDINA TE SYSlDA, FlA. EAST ZONE, '83i90.
11-115 IS NOT A SURVEY
COONER & ASSOCIATES, INC.
SURVEYING AND MAPPING
5670 ZIP DRIVE, FORT MYERS, FLORIDA 33905
PHONE: (239)277-0722 FAX: (239)277-7179 EMAll: SURVEYlNGOCOONER.COM
CUENT: GREElEY AND HANSEN, LLC DRAWN BY: DKT CHECKED BY: JNW
PARCEL DESCRIPTION: DA1r:: 04/05/05 SCAlE: 1'-20' I REV:
PERM. unuTY &: ACCESS EASEMENT IN THE
WEST 100' OF SEC 14-50-28 PROJECT No: 030705W.A OWG NO:OJ07~A-ESM I SHEET: 1 Of 1
DARP.EN TOWNSEND (FOR THE FIRM LB677.3)
PROfESSIONAL SURVEYOR Arm MAPPER
FlORIDA J-lCENSE NO. LS 8476
THIS J.:!!. DAY Of A PM I-
,2005.
Agenda Item No, 16C2
September 13,2005
Page 9 of 21
EXHIBIT...A-
page.l...of -:Ir.
PROJECT
PARCEL
FOLIO
701"-/ r-
7()1r;-~
34,1>
IY /A-
SKETCH AND DESCRIPTION OF A
PERJlANENT UTILITY AND ACCESS EASEMENT (84.P)
IN lHE WEST 100' OF SECTION 23, TOWNSHIP 50 S,
RANGE 26 E, COLUER COUNTY, FLORIDA
P.O.C.
/ ,NW CORNER
SECTION 23 P.O.B.,
r-.. NORnI UNE SECl10N 23
~ N81'38'03"E 60.10' \
PROPOSED PERMANENT
U nllTY .& ACCESS
EASEMENT
N87'38'03"E
40.08' i
t,
~~
1.
<~
HENDERSON CREEK
CANAl R/W (100')
....
....
40'
iii
'"
0:
U
~
~ ~~
~;
i5~
:Z:u
~r;i
~ ~15
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\
" SOUtH LINE SECllON 23
~ . \j 589'37'29"E 60.00'
SW CORNER
SECTION 23
II
N8S'37'2U"W
40.00'
PROPOSED PERMANENT
UTILITY .& ACCESS
EASEMENT
\)f:SCRIPllON Of' A PERMANENT Ul1UlY AND ACCESS EASEMENT LYING IN nlE EAST 40 FEET OF 1lIE WEST 100 FEET
OF SECl10N 23, TO'M'lSHIP50 SOUTH, RANGE 26 EAST: COWER COUNlY, F1..ORIOA; MORE PARllCULARLY DESCRIBED
AS f'OlJ.OWS:
COMMENCING AT 1lIE NOR1lIWEST CORNER OF SAID SECllON 23, 1lIENCE RUN N87'38'03"E, A DISTANCE OF 60.10
FEET ALONG THE NOR1lI UHE OF SAID SECllON TO 1lIE POINT Of' BEGINNING; THENCE CONllNUING ALONG SAID
NORnI UNE N87"38'03"E, A DISTANCE Of' 40.08 FEET TO 1lIE EAST UNE OF 1lIE HENOERSON CREEl< CANAl
RIGHT-OF-WAY: 1lIENCE RUN SOO'5Q'44"W, A DISTANCE OF 5245.84 FEET ALONG SAID EAST UNE TO THE SOUlH
LINE OF SAID SECllON 23; lHENCE RUN N89'37'29"W, A DISTANCE OF 40.00 FEET AlONG 1lIE SOU1ll UNE Of' SAID
SECllON 23: 1lIENCE RUN NOO'50'44"E, A DISTANCE OF 5243.92 FEET ALONG A UNE lHAT IS PARALLEl 'MlH AND
40 FEET WESlERLY OF SAID EAST UNE OF THE HENDERSON CREEK CANAL RIGHT-OF-WAY TO THE POINT OF
BEGINNING.
CONTAINING 209,788 SQUARE FEET OR 4.82 ACRES, t.tORE OR LESS.
~
---~----------------
tmIEi
lHE PARCEL BEARING, DISTANCES, AND AREAS
CAlCULAlEO ARE BASED ON A FIELD SURVEY OF
SECllON 23. BASIS OF BEARING: STATE PLANE
COOROINAlE SYSTEM. FlA. EAST ZONE. '83/90.
THIS IS NOT A SURVEY
COONER &: ASSOCIATES. INC.
SURVEYING AND MAPPING
5670 ZIP DRIVE, FORT MYERS, Fl..ORIDA 33905
PHONE: (239)277-0722 FAX: (239)277-7179 EMAIl: SURVEYlNGOCOONER.COM
CUENT: GREElEY -'NO HANSEN, u.c DRA'M'I BY: OKT CHECKED BY: .....W
PARCEL DESCRIPllON: DATE: 04/05/05 SCALE: 1".20' REV:
PERM. U11lJlY 1& ACCESS EASEMENT IN lHE
WEST 100' Of' SEC 23-50-26 PROJECT No: 030705W.A DWG NO:030705WA-ESU SHEET: 1 OF 1
D.&RRl::N TO'M'lSEND (fOR 1'HE FIRM LB6773)
PROFESSIONAL SURvEYOR AND MAPPER '
F1..ORID"", UCENSE NO. LS 6478
.tHls ~ 01. Y Of' ,JJ ,,~ '- , 2005.
EXHIBIT A
Page -.!i-of '7L.
PROJECT
P ARC El
FOLIO
Agenda Item No, 16C2
September 13,2005
Page 10 of 21
701 ~I t-
701,>?..
;S~, P
NIA
SKETCH AND DESCRIPTION OF A
PERJlANENT UTILITY AND ACCESS EASEMENT (35.P)
IN THE WEST 100' OF SECTION 26, TO'M-ISHIP 50 S,
RANGE 26 E, COLUER COUNTY, FlORIDA
P.O.C.
NW CORNER
SECTION 26
PROPOSED PERMANENT
UTILITY 01< ACCESS
EASEMENT
P.O.B.
NORTH UNE SECTION 26
S89'37'29"E 60.00'
HENDERSON CREEK
CANAL R/W (100')
589'37'29"E
40.00'
-40'
l-.
~
,...:
IQ
....
10
~
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~ lQa::
....-'
0<
li~
Xu
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w!3
...
....
~
F=
u w it
i(j w i .
1Il ~
lJl
.... ~ }5
Ii z
U ::J 8 8
~ it Z 1Il
a::
w
SOUTH UNE SECllON 26 N89'J6'37"W
---
-40.00'
HENDERSON CREEK
SW CORNER CANAL R/W (VARIES) JOG IN HENDERSON
SECTION 26 CREEK CANAL R/W
~
<
~ I-
8 li
mCl~
:g~z
>-5~~
~u~~
~I~mu
~? ~~15
~~Ol-I-ffi
a~~~~~
U I , '. I~
.. I. ~ . tl! t.! I
?io=: ,-0=: oOd
~u 0=: d n.: n.: z
DESCRIPTION Of A PER"-lANENT UTIUTY AND ACCESS EASEMENT lYING IN lHE EAST 40 FEET OF THE WEST 100 FEET
Of SECTION 28, T~SHrp. 50 SOUlH, RANGE 26 EAST; COWER COUNTY, Fl..ORIDA; "-lORE PARTICUlARLY DESCRIBED
AS FOlloWS:
Cot.I"-lENONG AT 'THE NOR'THWEST CORNER Of SAID SECTION 26, THENCE RUN 589'37'29"E, A DISTANCE OF 60.00
FEET ALONG THE NORTH UNE OF SAID SECTION TO THE POINT Of BEGINNING; lHENCE CONTINUING ALONG SAID
NORTH UNE S89'37'29"E, A DISTANCE OF 40.00 FEET TO THE EAST UHE OF THE HENDERSON CREEK CANAL
RIGHT-Of-WAY: lliENCE RUN SOO'SO'+4.W, A DISTANCE OF' 5267.48 FEET ALONG SAID EAST UNE TO lliE soom
UNE Of SAID SECTION 26; 'THENCE RUN N89'36'J7.W, A DISTANCE Of 40.00 FEET ALONG 'THE SOUTH UNE Of SAID
SECTION 28; lHENCE RUN Noo'SO'44.E, A DISTANCE OF 5267.47 FEET ALONG A UNE lHAT IS PARAUEl WITH AND
40 FEET WESTERLY Of SAID EAST UNE OF lHE HENDERSON CREEK CANAL RIGHT-Of-WAY TO 11-fE POINT OF
BEGINNING.
CONTAINING 210,692 SQUARE FEET OR 4.84 ACRES, "-lORE OR lESS.
tmIt;
lliE PARCEl BEARING, DISTANCES. AND AREAS
CAlCULA TED ARE BASED ON FJElD SURVEY.
BASIS OF BEARING: STATE PLANE COORDINATE
SYSTE"-l, FlA. EAST ZONE, '83/,90.
THIS IS NOT A SURVEY
COONER & ASSOCIATES, INC.
SURVEYING AND MAPPING
5670 ZIP DRIVE, FORT M'tERS. FlORIDA 33905
PHONE: (239)277-0722 FAX: (239)277-7179 EMAlL: SUR'v'EYlNGCCOONER.COM
CUENT: GREElEY AND HANSEN, U.C DRAWN BY: DKT CHECI<EO BY: JNW
PARCEL DESCRIPTION: DATE: 04/05/05 SCALE: 1.-20'
PERM. UnUTY & ACCESS EASEMENT IN THE
WEST 100' Of SEC 26-50-28 PROJECT No: 030705W.A
~~
__._L~~~__________
DARRrN TOv".,SEND (FOR THE FIRM LB6773)
?ROFF.5SIONAl SUR'vt:yo.1 AND "-lAPPER
FlORIDA UCENSE NO. lS 1,476
THIS '-::;!E.. DAY Of ,~ l..
2005.
OWG NO:OJ0705WA-EgI
REV:
SHEET: 1 Of' 1
Agenda Item No, 16C2
September 13,2005
70/~etl1 of21
7 0 I r:; :J..
"3~. rp
,vIA
EXHIBIT ~
Page-L-o'-JI::,
PROJECT
PARCEL
F OL 10
SKETCH AND DESCRIPTION OF A
PERMANENT UTILITY EASEMENT (36,P)
IN THE WEST 100' OF SECTION 11, TOWNSHIP 50 S,
RANGE 26 E, COLLIER COUNTY, FLORIDA
P.O.B.
I; NW CORNER
SECTION 11
N88'17' 44"E
60.06'
NORTH LINE SECTION 11
FOREST GLENN OF
NAPLES SUBDIVISION
PLAT BOOK 31, PAGE 94
- --
6~ t,
lQlt:
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0<(
ZZ
W<(
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W><:
Zw ' 1.
::JW
It:
wu
-
\i ~ .0
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$ 10 r0'i.....::><(0~
~ ~ \ ~ ~~~~
~ 'g ~
--
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It:~
wold
w
10 .~
m.
'0
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"'8
z
-
S88'l7' 44"W
60.06'
<>
HENDERSON CREEK
CANAL R/W (100') <;.
<;.
!SU:
C.R.-COUNTY ROAD
R/W - RIGHT-OF-WAY
O.R. - OFFICIAL RECORDS BOOK/PAGE
P.O.B,-POlNT OF BEGINNING
P,O.C,-POINT OF COMMENCEMENT
NO.-NUMBER
DESCRIP..TION OF A PERMANENT UTILITY EASEMENT L YlNG IN THE WEST 100 FEET OF SECTION 1" TOWNSHIP 50
SOUTH, RANGE 26 EAST; COLLIER COUNTY, FLORIDA; MORE PARl1CULARL Y DESCRIBED AS FOLLOWS;
BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 1" THENCE' RUN N86'17'44"E, A DISTANCE OF 60.06 FEET
ALONG THE NORTH LINE OF SAID SECTION; THENCE RUN SOO'50'44"W. A DISTANCE OF 37.98 FEET ALONG A LINE
THAT IS PARALLEL WITH AND 60 FEET EASTERLY OF THE WEST LINE OF SAID SECTION; THENCE RUN S86'17'44"W. A
DISTANCE OF' 60.06 FEET TO THE WEST LINE OF SAID SECTION; THENCE ALONG SAID WEST LINE NOO'50'44"E, A
DISTANCE OF 37.98 FEET TO THE POINT Of' BEGINNING,
CONTAINING 2,279 SQUARE FEET OR 0.05 ACRES, MORE OR LESS.
--~~~-~~~-----
tiQ.IE;
THE PARCEL BEARING, DISTANCES, AND AREAS
CALCULA TED ARE BASED ON A FIELD SURVEY OF
SECTION 11. BASIS OF BEARING; STATE PLANE
COORDINA TE SYSTEM, FLA. EAST ZONE, '83/,90,
THIS IS NOT A SURVEY
COONER & ASSOCIATES, INC,
SURVEYING AND MAPPING
5670 ZIP DRIVE. FORT MYERS. FLORIDA 33905
PHONE: (2.39)277-0722 FAX: (239)277-7179 EM AIL: SURVEYlNGOCOONER.COM
CLIENT: GREELEY AND HANSt:tl, LLr:: DRA'M-4 BY: OKT CHECKED BY: ...,W
PARCEL DESCRIPTION: DATE: 04/05/05 SCALE: 1".20,1 REV: 4-27-05
PERMANENT UnUTY EASEMENT IN THE
v.f:ST 100' OF SEC 11-50-25 PROJECT No: OJQ705W.A DWG NO:OJ0705WA-ESIol SHEET: 1 OF 1
DARREN TOWNSEND (FOR THE FIRM LB6773)
PROFESSIONAL SURVEYOR AND MAPPER
flORIDA ~CENSE NO. LS "476
THIS z:l:!::. DAY OF __,JJil::!!::-------, 2005.
EXHIBIT _ A
Page~ot ---;s-
-
PROJECT
PARCEl
FOLIO
Agenda Item No. 16C2
September 13, 2005
7 0 f~EV't2 of 21
70rs-:2..
:S7,?
N!A
SKETCH AND DESCRIPTION OF A
PERJlANENT UTILITY EASEMENT (S7.P)
IN THE WEST 100' OF SECTION 11. TOWNSHIP 50 S,
RANGE 26 E. COLUER COUNTY, FlORIDA
P.D.C.
/ NW CORNER
/ SEC~DN 11
i V
---
NORni UNE
SECllON 11
"
~~
L
in:::
~lS
ll7F=
uu
....!If
2:w
::12:
~::I
Q:;~
.....-s
io
,...
~
HENDERSON CREEK
CANAL R/W (100')
<
~
~
~
o
5!
P.O.B. '-
---..1
fJg
.~ on
~
8
2:
589'<<'5O"E
60.00'
60.00'
N89'<<'50"W
>-
~~
~w
~u>-
",uz
w'<w
n.~~
GJ~~
!g:J....
n.r=
0::>
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n.
....-
PROPOSEO TEMPORARY
CONSTRUCTION EASEMENT
~
. ~
8 -
on ~
- ~
KE:t:
C.R.-COUNTY ROAD
R/W - RIGHT-or-WAY
P.O. e.-POINT or BEGINNING
P.O.C.-POINT or COMMENCEMENT
NO.-NUt.fBER
DESCRIPTION or A PERMANENT UllUTY EASEMENT LYING IN niE WEST 100 FEET Of SECTION 11, TOWNSHIP 50
SOUTH, RANGE 26 EAST, COWER COUNTY, FLORIDA:
COMMENCING AT niE NORTHWEST CORNER Of' SAlD SECTION 11, niENCE RUN SOO'SO'44"W, A DISTANCE Of' 643.76
FEET ALONG THE WEST UNE or SAID SECllON AND nlE EAST RIGHT-Of'-WAY UNE or COUNTY ROAD 951 TO THE
POINT OF BEGINNING; nlENCE RUN S89'44'50"E, A DISTANCE or 60.00 FEET; THENCE RUN SOO'50'<<"W, A
DISTANCE or 15.00 FEET ALONG A UNE THAT IS PARAlla 'Mni AND 60 FEET EASTERLY Of THE WEST UNE OF
SAID SECTION; TliENCE RUN N89'44'50"W. A DISTANCE Of' 60.00 FEET TO SAID WEST UNE AND EAST RIGHT-Of'-WAY
UNf; lHENCE RUN NOO'SO'44"E, A DISTANCE OF 15.00 FEET ALONG SAID WEST UNE AND EAST RIGHT-Of-WAY LINE
TO THE POINT OF BEGINNING.
CONTAINING 900 SQUARE FEET OR 0.02 ACRES, MORE OR LESS.
~L/
--~~~-----------
~
nlE PARCEL BEARING, DISTANCES, AND AREAS
CALCULA TEO ARE BASED ON A AELD SURVEY OF
SECllON 11. BASIS Of' BEARING: STATE PLANE
COORDINATE SYSTEM, FlA. EAST ZONE, '8Ji90.
THIS IS NOT A SURVEY
COONER & ASSOCIATES, INC"
SURVEYING AND MAPPING
5670 ZIP DRIVE, FORT MYERS, flORIDA 33905
PHONE: (239)277-0722 FAX: (239)277-7179 Et.IAIl; SURVEYlNGOCOONER.COt.I
WENT: GREElEY AND HANSEN. llC DRAWN BY: DKT CHECKED BY: JNW
PARCEl DESCRIPTION: DATE: 04/05/05 SCALE: 1".30' REV:
PERMANENT unuTY EASEMENT IN THE
WEST 100' OF SEe 11-50-26 PROJECT No: OJ0705W.A DWG NO:030705WA-ESM SHEET: 1 OF 1
O.6J>-REN TOWNSEND (FOR lHE ARU LB6773)
PROFESSIONAL SURVEYOR AND IoIAPPER
FlORI~A 1JCENSE NO. 'i 6476
THIS ~ DAY Of' ~!t...
2005.
EXHIBIT ~
Page ~of..J...L..
PROJECT
PARCEL
FOLIO
Agenda Item No. 16C2
September 13, 2005
7 01 ~)Je,J 3 of 21
70f5"";:L
3 'i? P
;V / Ii:.
SKETCH AND DESCRIPTION OF A
PERJlANENT UTILITY EASEJlENT (88.P)
IN THE WEST 100' OF SECTION ". TOWNSHIP 50 S,
RANGE 26 E, COlLIER COUNTY, flORIDA
P.O.C.
/ NW CORNER
/ SEC~ON 11
\ \j
~-
Itl~
o:~ ~
a;F
uu ~
w"i <
z
:J....
Z
~:J .
a::;a ~
w'"" ~
~
P.O.B. 1
.... 8
.
~ iii
~ ~
z
t~
~~
---
NORtH UNE
SECTION 11
- ----
HENDERSON CREEK
CANAL R/W (100')
<
....
~~
;jt1....
a::oz
w<w
"-oId~
B~~
~:Jw
~~
0:::>
[L
t.
1\
\j
N89'47'35-E
60.01'
60.01'
S89"47'35-W
NUNEOfN
'i2 OF tHE
. N 1/2 OF lHE
" ;: SW 1/4 Of tHE
8. NW 1/4 OF
~ ~ SECllON 11
.-- ____ PROPOSED TEMPORARY
CONSTRUCTION EASEMENT
ID:
C.R.-COUNTY ROAD
R/W - RIGHT-OF-WAY
P.O.B.-POINT Of BEGINNING
P.O.C.-POINT Of COMt.lENCEMENT
NO.-NUt.lBER
OESCRIP"llON OF A PERt.lANENT UlIUTY EASEt.lENT LYING IN tHE ~ST 100 FEET OF SECl10N 11, ro'M'lSHIP SO
SOUtH. RANGE 26 EAST. COWER COUNTY, flORIDA: .
COMMENCING AT tHE NORtHWEST CORNER OF SAlD SECTION 11, tHENCE RUN SOO"SO'44.W, A DISTANCE OF 1388.78
fEET ALONG tHE ~ST UNE OF SAID SEClION AND tHE EAST RIGHT-OF-WAY UNE OF COUNTY ROAD 951 TO tHE
POINT or BEGINNING; tHENCE RUN N89'47'35"E, A DISTANCE or 60.01 FEET: tHENCE RUN SOO'5Q'44-W, A
DISTANCE Of lS.00 fEET ALONG A UNE tHAT IS PARAllEL WItH AND 60 FEET EASTERLY Of tHE ~ UNE Of
SAlD SECTION; nlENCE RUN 589'47'JS-W, A DISTANCE OF 60.01 FEET; TO SAlD WEST UNE AND EAST
RIGHT-OF-WAY UNE; tHENCE RUN Noo'50'<<-(, A DISTANCE Of 15.00 FEET ALONG SAID ~ST UNE AND EAST
RIGHT-Of-WAY UNE TO lliE POINT Of BEGINNING.
CONTAlNING 900 SQUARE FEET OR 0.02 ACRES, MORE OR LESS.
~-) Z-/
--~~-------------
IiQlI;
tHE PARCEL BEARING, DISTANCES, AND AREAS
CALCULATED ARE BASED ON A RElD SURVEY Of
SECllON 11. BASIS Of BEARING: STATE PLANE
COORDINATE SYSTEM, fl.A. EAST ZONE, '83/,90.
THIS IS NOT A SURVEY
COONER &: ASSOCIATES, INC.
SURVEYING AND MAPPING
5670 ZIP DRIVE, FORT MYERS, FLORIDA 33905
PHONE: (239)277-0722 FAX: (239)277-7179 EM AIL: SURVE'r1NGOCOONERCOM
CLIENT: GREElf:Y AND HANSEN, u..c ORA"" BY: DKT CHECKED BY: ....W
PARCEL DESCRIP11ON: DAlE: 04/05/05 SCALE: 1-.30' I REV:
PERMANENT UllUTY EASEMENT IN tHE
WEST 100' OF SEe 11-50-26 PROJECT No: O30705W.A DWO No:0307OSWA-ESM SHEET: 1 OF 1
DAR~EH TO'M'lSENO (FOR THE RRM LB6773)
PROFESSIONAL SUR\ttYCR AND t.lAPPER
flORIO}. ,UCENSE NO. l.S /,;,476
THIS ~." DAY OF ' \el("
, 2005.
~~Hlp'~ ~b
PROJECT
PARCEL
FOLIO
Agenda Item No. 16C2
September 13, 2005
Page 14 of 21
7D'> I "...
/o/~';2.
3'1.p
NIfi.
SKETCH AND DESCRIPTION OF A
PERJlANENT UTILITY EASEMENT (89.P)
IN '!liE WEST 100' OF SECTION 11, TO\\fIISHIP 50 S,
RANGE 26 E, COLLIER COUNTY, FlORIDA
HENDERSON CREEK
CANAl R/W (100')
,I&l _ S82'<fa'...,"(
~ 0.
Ifi ~ 80.37'
8 .:... 60.37'
% "
\ 1 N82 '<fa , <fa'w
P.O.B.
~
~~
o .
Iri Ifi
..:.~
...---r--- PROPOSED TEMPORARY
CONSTRUCTION EASEMENT
Vi::
~~
0;1=
uu
..,\}l
%
:JII.I
%
-t:J
o::~
11.I.-,
~
.,
lfJ
...
~~
~w
:lu",
",uz
w<w
ll..o1d,3
~~~
l3::Jw
ll..j::
0::.
'"
Q.
..,
~
~
<v~ P.O.C.
> SW CORNER OF
SECTION 11
! S UHE SECTION 11
---
~>
m:
C.R.-COUHTY ROAD
R/W - RIGHT-Of-WAY
P.O.B.-POINT OF BEGINNING
P.O.C.-POINT OF COMMENCDAENT
NO.-NUMBER
~
DESCRIPTION OF A PERMANENT UTIUTY EASEMENT LYING IN '!liE WEST 100 FEET OF SECTION 1" TO\\fllSHIP 50
SOUTH, RANGE 26 EAST, COWER COUNTY, flORIDA:
COt.fMENClHG AT THE SOUTHWEST CORNER OF SAID SECTION 1" '!liENCE RUN NOO'50'+4"E, A DISTANCE OF 2681.19
FEET ALONG THE WEST UNE Of SAID SECTION AND THE EAST RIGHT-OF -WAY UNE Of COUNTY ROAD 951 TO THE
POINT OF BEGINNING; THENCE CONTINUE ALONG SAID WEST UNE AND EAST RIGHT-Of-WAY UNE NOO'SO'+4-E, A
DISTANCE Of 15.09 FEET: THENCE RUN 582'48'48-E, A DISTANCE OF 60.37 fEET; THENCE RUN SOO'50'+4-W, A
DISTANCE Of 15.09 FEET ALONG A UNE THAT IS PARAua 'ItITH AND 80 FEET EASTERLY Of THE WEST UNE OF
SAID SECTION; THENCE RUN N82'48'48"W, A DISTANCE Of 80.37 fEET TO SAID WEST UNE, SAID EAST
RIGHT-Of-WAY UHE AND THE POINT OF BEGINNING.
CONTAINING 905 SQUARE FEET OR 0.02 ACRES, MORE OR LESS.
-_()~r:ZL_____
. DARREN TO\\fllSEND (FOR lHE FIRM LB677.3)
PROFESSIONAL Sl:iRytYQR AND MAPPER
FLOFcIf!.^ JUCENSE N~476
lHlS ~'" DAY OF I'1lJ I.,
~
THE PARCEL BEARING, DISTANCES, AND AREAS
CALCULA TED ARE BASED ON A FIELD SURVEY OF
SECTION 11. BASIS OF BEARING: STATE PLANE
COORDINA TE SYSTat, F1A. EAST ZONE, '83/'90.
THIS IS NOT A SURVEY
COONER & ASSOCIATES, INC.
SURVEYING AND MAPPING
5670 ZIP DRIVE, FORT MYERS, flORIDA 33905
PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURVEYlNGCCOONER.COM
WENT: GREElEY AND HANSEN, u..C DRAWN BY: DI<T CHECKED BY: J.N.W,
PARCEl DESCRIPllON: DATE: 04/05/05 SCALE: 1"-30' REV:
PER"'ANENT UT1l.ITY EASEMENT IN THE
WEST 100' OF SEe 11-50-26 PR~CT No: OJ0705W.A DWG NO:O.10705WA-E!lM SHEET: 1 OF 1
2005.
~HI~I~~
PROJECT
PARCEl
FOLIO
Agenda Item No, 16C2
S~~ ~, 2005
7J'flge~ of 21
'-10, P
IV/A
. SKETCH AND DESCRIPTION OF A
PERJlANENT UTILITY EASEMENT (40.P)
IN THE WEST 100' OF SECTION 11, TOWNSHIP 50 S,
RANGE 26 E, COWER COUNTY, FlORIDA
HENDERSON CREEK
CANAL R/W (100')
~ .
. 8
~ ori_
S 80,01'
z \ ~ N88'08'OS"W
P.O.B. .
-- '\
If'l-
o:~ \j
D:;F=
uu b
I&J~ cD
zl&J ..;
::Jz ::J
~:J
D::~
w.-.
S88"08'OS"E
60.01'
.-
;
'8 .
ori ~
...-
_ PROPOSED TEMPORARY
CONSTRUCnON EASEMENT
w
;
~
8
<'-1 _!P.o.c.
~ SW CORNER OF
SECTION 11
I 5 UHE SECllON 11
. ---
t-
Z
will
Zlll
<w
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",uz
w<w
n. o\l:::Pi
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~...<
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n.1='
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>
m:
C.R.-CQUN'TY ROAD
R/W - RIGHT-OF-WAY
P.O.B.-POINT OF BEGINNING
P.O. C.-POINT OF COUMENCEUENT
NO.-NUMBER
1\
~
- --
O~SCRIP1\OH Of A PERMANENT UllU'TY EASEMENT LYING IN lliE WEST 100 fEET Of' SECTION 1" TOWNSHIP 50
SOUlli. RANGE 26 EAST, COWER COUNTY, FLORIDA:
COUMENCING AT lliE SOUlliWEST CORNER OF SAID SECllON II, lliENCE RUN Noo'50'44"E, A DISTANCE Of 533.60
FEET ALONG lliE WEST UNE OF SAlD SECllON AND lHE EAST RIGHT-OF-WAY UNE Of' COUN'TY ROAD 9S1 TO lliE
POINT OF BEGINNING; 1l1ENCE CONllNUE ALONG SAID WEST UNE AND EAST RIGHT-OF-WAY UNE Noo'5Q'44"E, A
DISTANCE Of' 15.00 FEET; lliENCE RUN S88'08'OS"E, A DISTANCE OF 60.01 fEET; llIENCE RUN S00'50'44"W, A
DISTANCE Of IS.00 FEET ALONG A UNE lliAT IS PARAu.a WIlli AND 60 FEET EASTERLY OF lliE WEST UNE Of'
SAID SECllON; lliENCE RUN N88'08'OS"W, A DISTANCE OF 80.01 FEET TO SAID WEST UNE, SAID EAST
RIGHT-OF-WAY UNE AND lliE POINT OF BEGINNING.
CONTAINING 900 SQUARE FEET OR 0.02 ACRES, MORE OR LESS.
~~
--~ -----~-------
OAFlREH TOWNSEND (FOR '!fiE ARM LB6773)
PROFESSIONAL SUR\tVOR /.NO MAPPER
FlCIRIO....., ,uCENSE NO. LS 1f16
11ilS ~ DAY OF It.
MOm
TI-lE PARCEL BEARING, DISTANCES, AND AREAS
CALCULATED ARE BASED ON A AELO SURVEY OF
SECTION 11. BASIS Of BEARING: STATE PLANE
COORDINATE SYSTEM, FlA. EAST ZONE, '83/90.
THIS IS NOT A SURVEY
COONER &: ASSOCIATES, INC.
SURVEYING ...ND ......PPING
5670 ZIP DRIVE, FORT "''l'ERS, FLORIDA 33905
PHONE; (239)277-0722 F"'X: (239)277-7179 E"'All: SURVEYlNGCCOONER.CO'"
CUENT: GREELEY AND HANSEN, u.C DRAVttf BY: DKT CHECKED BY: J.N.W.
PARCEL DESCRIPllON: DAlE: 04/05/05 SC"'LE: 1".30' IREY:
PERMANENT UllU'TY EASEMENT IN lHE
WEST 100' OF SEC 11-50-26 PROJECT No: 030705W.A DWO NO:OJ07OaWA-ESM I SHEET: 1 Of 1
. 2ooS.
EXHIBIT -L.
Page -1.!Lof-LL
PROJECT
PARCEl
FOLIO
Agenda Item No, 16C2
September 13, 2005
7 of1a~1~f21
701!):t.
'-I/.P
NjA-
SKETCH AND DESCRIPTION OF A
PERMANENT UTILITY EASEMENT (41,P)
IN THE WEST 100' OF SECTION 14. TOWNSHIP 50 S,
RANGE 26 E, COLLIER COUNTY, FLORIDA
-"," NORTH LINE OF
l()~
OlZ r mE ;w 1/' PROPOSEO PERMI\NENT
'0 U IILI II' '" ACCESS
ct;j:= EASEMEN I
<"><..>
~~
:Jw "4
Z
~:J
;;,~
w~
HENDERSON CREEK
CANAL R/W (100')
-
w
~ SS9; 2'14"E 3t
0 .
10 8 60.00' 0 ~
0
0 iii 0 0
z ~ 60.00' iii 10
0
P.O.B. 0 ~
'\ N89'12'14"W 1fI
w
~ 0,
/'-.
0 oi
l" U; <
0 ;><"1 <
0
z P.O.C,
!~SW CORNER Of
SECTION 14 ~
I
S LINE SECTION 14 "4
,
PROPOSED TEMPORARY
CO/IISTRUCnON EASEMEN T
KE.J:::
C,R.-COUNTY ROAD
R/W - RIGHT-OF-WAY
P.O.B.-POINT Of BEGINNING
PO.C.-POINT OF COMMENCEMENT
NO. -NUMBER
DESCRIPTION OF A PERMANENT UTILITy EASEMENT L \'ING IN THE WEST 100 FEET Of SECTION 14, TOWNSHIP 50
SOUTH. RANGE 26 EAST, COLLIER COUNTY, fLORIDA:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 14, THENCE RUN NOO'50'44"E. A DISTANCE OF 2619.79
FEET ALONG THE WEST LINE OF SAID SECTION AND THE EAST RIGHT-Of-WAY LINE Of COUNTY ROAD 951 TO THE
POINT OF BEGINNING; THENCE CONTINUE ALONG SAID WEST LINE AND EAST RIGHT-OF-WAY LINE NOO'SO'44"E. A
DISTANCE OF 15.00 FEET; THENCE RUN S89'l2'14"E, A DISTANCE OF 60.00 FEET; THENCE RUN SOO'50'44"W. A
DISTANCE OF 15.00 FEET ALONG A LINE THAT IS PARALLEL WITH AND 60 FEET EASTERLY OF THE WEST UNE OF
SAID SECTION; THENCE RUN N89'lZ'14"W, A DISTANCE OF 60,00 FEET TO SAID WEST LINE, SAfD EAST
RIGHT-OF-WAY LINE AND THE POINT OF BEGINNING.
CONTAINING 900 SQUARE FEET OR O.OZ ACRES, MORE OR LESS,
;) -;; /
--~~~~--------
t:iQ1E;
TI-IE PARCEL BEARING. DISTANCES. AND AREAS
CALCULATED ARE BASED ON A RELD SURVEY OF
SECTION 14. BASIS Of BEARING: STATE PLANE
COORDINATE SYSTEM: fLA. EAST ZONE, '83(90.
THIS IS NOT A SURVEY
COONER & ASSOCIATES, INC,
SURVEYING AND MAPPING
5670 ZIP DRIVE, FORT MYERS, flORIDA 33912
PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURVEYlNGOCOONER,COM
-.
CUENT: GREEl.EY AND HANSf.N, LLC DRAWN BY: DKT CHECKED BY: J.N.W.
PARCEL DESCRIPTION: DATE: 04/05/05 SCALE: 1"-30' I REV: 4-27-05
PERMANENT unUTl' EASfMENT f1~ THC
~ST 100' OF SEe 14'-50-26 PROJECT No: 030705W.A DWG NO:OJ0705WA-ESW J SHEET: 1 OF 1
DARREN TOWNSEND (fOR THE FIRM LB6773)
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA LICENSE NO. LS 6476
THIS ~1..1:! DAY OF __~..L_____, 2005.
EXHIBIT -A-
Page ...J..L.,...of ~
PROJECT
PARCEL
FOLIO
A~nda Item No. 16C2
-Z~~moertt3, 2005
7 ol1~ "!;tof 21
L./:2,?
/'v/A
SKETCH AND DESCRIPTION OF A
PERJlANENT UTILITY EASEMENT (42.P)
IN THE WEST 100' OF SECllON 14. TOWNSHIP 50 S,
RANGE 26 E, COLUER COUNTY, FLORIDA
-'"
10-
~~
O:;F
00
wbl
z
:JW
Z
~:J
a::;;!:
.....s
HENDERSON CREEl<
CANAL R/W (100')
N811'54'32.W
60.00'
P.O.B.
):
. ;
8 ~
tQ ~
....
~l:l
;~
eJ"
ll."ll
o~
1ll::J
~l=
",::>
ll.
PROPOSEO TEMPORARY
CONSTRucnON EASEMENT
589'54'32.E
I 60.00'
S
tQ
S UNE SEC'TloN 14
P.O.C.
SW CORNER
SEC'TlON 14
W:
C.R.-COUNTY ROAD
R/W - RIGHT-OF-WAY
P.O.B.-POINT OF BEGINNING
P.O. C.-POINT OF COUMENCEUENT
NO.-NUUBER
DFSC'RlP'nON OF A PERUAI'{ENT U'TlUTY EASEMENT LYING IN mE WEST 100 FEET OF SEC'TlON 14, TO~SHIP 50
soum, RANGE 26 EAST, COWER COUNTY, FLORIDA:
COUMENCtNG AT lllE SOUlllWEST CORNER OF SAID SECllON 14. THENCE RUN Noo'50'<<.E, A DISTANCE OF 24.68
FEET ALONG lllE WEST UNE OF SAID SECllON AND mE EAST RIGHT-OF-WAY UHE OF COUNTY ROAD 951 TO lHE
POINT OF BEGINNING; mENCE CONllNUE ALONG SAID WEST UNE AND EAST RIGHT-OF-WAY UNE Noo"50'44"[, A
DISTANCE OF 25.00 FEET; lllENCE RUN S89'54'32"E, A DISTANCE OF 80.00 FEET; mENCE RUN S00'50'44"W, A
DISTANCE OF 25.00 FEET ALONG A UNE 'THAT IS PARALLEL 'Mm AND 60 FEET EASTERLY OF lllE WEST UNE OF
SAID SECllON; lHENCE RUN N89'54'32.W, A DISTANCE OF 60.00 FEET TO SAID WEST UNE. SAID EAST
RIGHT-OF-WAY UNE AND lllE POINT OF BEGINNING.
CONTAINING 1,500 SQUARE FEET OR 0.03 ACRES, MORE OR LESS.
~ 'L/
--~~-------------
DARREN TO~SENO (fOR lllE FIRM LB8773)
PROF1:SlMoNAL SURVEYOR AND UAPPER
Fl.OR1'lt UCENSE NO. LS ~476
lHIS ~ DAY OF !'JUt..-
MmI;
'THE PARCEL BEARING, DISTANCES, AND AREAS
CALCULATED ARE BASED ON A FIELD SUR'JEY OF
SEC'TlON 14. BASIS OF BEARING: STAlE PLANE
COORDINATE SYSTEU. FLA, EAST ZONE, '83(90.
THIS IS NOT A SURVEY
COONER &: ASSOCIATES, INC.
SURVEYING AND MAPPING
5670 ZIP DRIVE. FORT MYERS, FLORIDA :5:5905
PHONE: (239)277-0722 fAX: (239)277-7179 EMAIL: SURVEYlNGOCOONER.COM
CLIENT: GREElEY AND HANSEN, LLC DRAWN BY: OKT CHECKED BY: J.N.W.
PARCEL DESCRIPTION: DAlE: 04/05/0e SCAlE' 1".30'
PERMANENT UllUTY EASEMENT IN niE .
WEST 100' OF SEe 14-50-26 PRO.ECT No; 03070eW.A . DWG No:OJ07OSWA-ESM SHEET: 1 OF 1
2005.
REV:
EXHIBIT 4-
Page -LL..oI....1..:L-
PROJECT
PARCEL
rOLIO
Agenda Item No 16C2
September 13, 2005
Page 18 of 21
7015""1 T-
7olS--:::1...
43,'P
1//fi-
SKETCH AND DESCRIPTION OF A
PERJlANENT UTILITY EASEMENT (48.P)
IN lHE WEST 1 DO' OF SECTION 23, TO~SHIP 50 S,
RANGE 26 E, COWER COUNTY, FLORIDA
P.O.C.
V NW CORNER
SECTION 23
t\.
"J
NORlH UHE
SECl10N 23
L,
~~
L
.
~
ro
.,;
8
r<f
~
:
~
'>
.
1&.1 .
. 8
~ .
~ ~
8
z
589'55'17"E
80.01'
80.0t'
N89"5S'ITW
~
. :
8.
.n ~
- ~
0-
~tl
~...
:::lEU....
",Uz
..."'...
n.-tt~
Sl:~
~::JW
&;
'"
Q.
P.O.B.'-......
-I')
If)r<f
m
.~
0;1=
Uu
!J:'~
::11&.1
~~
II::~
w~
HENDERSON CREEK
CANAL R/W (100')
ID;
C.R.-COUNTY ROAD
R/W - RIGHT-OF-WAY
p.D.a.-POINT OF BEGINNING
P.D.C.-POINT OF COMMENCEMENT
ND.-NUMBER
DESCRIPl10N OF A PERMANENT UTIUTY EASEMENT L '\1NG IN THE WEST 100 FEET OF SECTION 23, TOVf1IISHIP 50
SOUlH. RANGE 26 EAST, COWER COUNTY, flORIDA:
COMMENCING AT lHE NORlHWEST CORNER OF SAID SECTION 23, THENCE RUN Soo'SO'<<"W, A DISTANCE Of 2069.6<4-
FEET ALONG lHE WEST UHE Of SAID SECTION AND lHE EAST RIGHT-Of-WAY UNE OF COUNTY ROAD 951 TO THE
POINT OF BEGINNING; lHENCE RUN 589'55'17"(, A DISTANCE OF 80.01 FEET; tHENCE RUN SOO'SO'<<.W, A DISTANCE
Of 15.00 FEET ALONG A UNE lHAT IS PARAu.EL WITH AND 80 FEET EASTERLY OF mE WEST UNE Of SAID SECl1ON;
lHENCE RUN N89'5S'17.W, A DISTANCE OF 80.01 FEET; TO SAID WEST UNE AND EAST RIGHT-OF-WAY UHE;
lHENCE RUN NOO'50'<<"(, A DISTANCE Of 15.00 FEET ALONG SAID WEST UHE AND EAST RIGHT-OF-WAY UNE TO
lHE POINT OF BEGINNING.
CONTAINING 900 SQUARE FEET OR 0.02 ACRES, MORE OR LESS.
'-:\ r-7 J
---~~~---------
tiQX;
THE PARCEl BEARING, DISTANCES, AND AREAS
CALCULATED ARE BASED ON A FlELD SURVEY OF
SECTION 23. BASIS OF BEARING: STAlE PLANE
COORDINA TE SYSTEM, FlA. EAST ZONE, '83(90.
THIS IS NOT A SURVEY
COONER & ASSOCIATES, INC.
SURVE't1NG AND MAPPING
5670 ZIP DRIVE. FORT MYERS, FLORIDA 33905
PHONE: (239)277-0722 FAX: (239)277-7179 EM AIL: SURVE'r1NGOCOONER.COf.f
WENT: GREElEY AND HANSEN, LlC DRAWN BY: DKT CHECKED BY: ,JofW
PARCEl DESCRIPTION: DATE: 04/05/05 SCALE: '.-30' REV:
PERMANENT UnuTY EASEMENT IN lHE
WEST 100' Of SEC 23-50-26 PROJECT No: 030705W.A DWG NO:OJ070SWA-ESU SHEET: 1 OF 1
DARREN TOWNSEND (fOR THE FlRM LB6773)
PROFESS!ONAl SURvEyOR AND MAPPER
FlORID.A..UCENSE N~.;.78
THIS ~ DAY Of ,flUL
2005.
EXHIBIT ..d,....
page....LLM~
PROJECT
PARCEL
FOLIO
Agenda Item No. 16C2
Sf~1r~~~~fg~
4 L/, P
Hilt
SKETCH AND DESCRIPTION OF A
PERJlANENT UTIUTY EASEJlENT (44.P)
IN THE WEST 100' OF SECTION 26, TOWNSHIP 50 S,
RANGE 26 E, COWER COUNTY, FLORIDA
P.O.C.
~<D <rNW CORNER
~ '" SECl10N 26
o!~ I\.
.F
Uu \,
~bl}.. ~
:11.01 0
~~ ~
o:~ ~
w""
~
<;. ~
b
P.O.B. '-....... ~
~~
~ .-
z
<
NORlli UNE
SECllON 26
L~
~~
J.
>
589'59'3O"E
80.01'
~ ~
~ ~
~~
~lj>-
",Uz
w<w
n.olj:l
o/:lll
~:J~
~~
",::>
n.
----
[\. PROPOSED TEMPORARY
CQNSTRUCnON EASEMENT
80.of
N89'59'JO"W
HENDERSON CREEK
CANAl R/W (100')
KEX:
C.R.-COUNTY ROAD
R/W - RIGHT-Of-WAY
p.O.e.-POINT OF BEGINNING
P.O.C.-POINT OF COMMENCEMENT
NO.-NUMBER
DFSCRIP110N OF A PERMANENT UllUTY EASEMENT LYING IN lliE WEST 100 FEET Of SECllON 26, TOWNSHIP 50
SOUTH, RANGE 26 EAST, COWER COUNTY, A.ORIDA:
COMMENCING AT '!HE NORlliWEST CORNER OF SAID SECllON 26, lliENCE RUN SOO"50'44"W, A DISTANCE Of JJn.07
FEET AlONG lliE WEST UNE OF SAID SECllON AND lliE EAST RIGHT-Of-WAY UNE OF COUNTY ROAD 951 TO '!liE
POINT Of BEGINNING: lliENCE RUN S89"59'30.E, A DISTANCE Of 60.01 FEET; lliENCE RUN SOO'SO'<<"W, A
DISTANCE OF 15.00 FEET ALONG A UNE '!liAT IS PARAu.EL WI'!li AND 60 FEET EASTERLY Of '!liE WEST UNE OF
SAID SECll0N; '!liENCE RUN N89"59'30.W, A DISTANCE OF 80.01 FEET; TO SAID WEST UNE AND EAST
RIGHT-OF-WAY UNE: '!liENCE RUN NOO"50'<<"E, A DISTANCE OF 15.00 FEET ALONG SAID WEST UNE AND EAST
RIGHT-OF-WAY UNE TO '!liE POINT OF BEGINNING.
CONTAINING 900 SQUARE FEET OR 0.02 ACRES, MORE OR LESS.
--~-----
[l,t.RRF.N TO\'ltlSENO (fOR '!liE ARM LB677J)
PROFESSIONAL SUR'v[Y()R AND MAPPER
FUlRIDA" U(:f.NSE NO. LS ~fl
'!liIS G" DAY Of ft2./ L
I:iDlti
'!liE PARCEL BEARING, DISTANCES, AND AREAS
CALCULAlEO ARE BASED ON A AELD SURVEY.
BASIS Of BEARING: STATE PLANE COORDINATE
SYSTEM, A.A. EAST ZONE, '83(90.
lHlS IS NOT A SURVEY
COONER &: ASSOCIATES. INC"
SURVEYING AND MAPPING
5670 ZIP DRIVE, FORT MYERS, Fl..ORIDA 33905
PHONE: (239)277-0722 FAX: (239)277-7179 EMAIl: SUR\€Y1NGOCOONER.COM
CUENT: GRm.EY AND HANSEN, LLC DRAWN BY; DKT CHECKED BY: JNW
PARCEl. DESCRIPTION: DATE: 04/05/05 SCALE: 1".30' REV:
PERMANENT UllUTY EASEMENT IN '!liE
WEST 100' Of SEC 26-50-28 PROJECT No: OJ07D5W.A DWG NO:030705WA-ESU SHEET: 1 Of' 1
2005.
EXHIBIT~
Page .J.lL.oI-LL
PROJECT
PARCEL
FOLIO
Agenda Item No, 16C2
September 13, 2005
Page 20 of 21
lo/'n r-
70/~:J...
J..; ~ p
N/~
SKETCH AND DESCRIPTION OF A
PERJlANENT UTILITY EASEMENT (45.P)
IN lHE WEST 100' OF SECllON 26, TOWNSHIP 50 S,
RANGE 26 E, COWER COUNTY, flORIDA
Ll - N00'50'<<'E 52.52'
L2 - NOO'50'<<"E 65.39'
SOUlH UNE
SEClION 211
CREEK
(100')
_10
00'"
m
.~
a::F
Uu
~~
::I....
~!j
a::~
....otI
~
Z ~
l!j}1
- ~
KEr:
C.R.-COUNTY ROAD
R/W - RIGHT-OF-WAY
O.R. - OFflClAl RECORDS BOOK/l>AGE
P.O.B.-POINT OF BEGINNING
P.O.C.-POINT OF COMMENCEMENT
NO.-NUMBER
.I"
.$ I
~~
z
>-
Z
Win
zln
~tl>-
o:Uz
w<w
D-.Ilf~
8~~
'g:jw
&1=
0:::>
Q.
tiQll:;
THE PARCEL BEARING, DISTANCES, AND
AREAS CALCULATED ARE BASED ON FlELD
SURVEY. BASIS OF BEARING: STATE
PLANE COORDINATE SYSTEM. FlA EAST
ZONE, '83/90.
NOT VAUD WITHOUT
DESCRIPTION ON SHEET 2 OF 2
co
'"
j(j
m
__7J~_____
Di
u
~
a::
....
HENDERSON
CREEK
CANAL RjW
(VARIES)
THIS
DARREN TOMoISEND (FOR THE FlRM L96773)
PROFESSIONAl SURVEYOR AND MAPPER
flORIO}. ,UCENSE NO. LS ~76
THIS lI1f DAY OF PGlL
JOG IN E LINE OF
HENDERSON
CREEK CANAL RjW
IS NOT A SURVEY
COONER & ASSOCIATES, INC.
SURVEYING AND MAPPING
5670 ZIP DRIVE, FORT MYERS, FlORIDA 33905
PHONE: (239)277-0722 FAX: (239)277-7179 nMIL: SURVEYlNGOCOONER.COM
CUENT: GREELEY AND HANSEN, llC DRAWN BY: OKT CHECKED BY: ....W
PARCEL DESCRIPnON: DATE: 04/05/05 SCALE: 1"-60' REV:
PERM. UTlUTY &: ACCESS EASEUENT IN THE
WEST 100' OF SEC 26-50-28 PRO.ECT No: OJ0705W.A DWG NO:0307OSWA-ESM SHEET: 1 OF 2
. 2005.
EXHIBIT ....d-
"'-LLJ1A~
Agenda Item No. 16C2
September 13, 2005
Page 21 of 21
7" ,.,1 7-
70 I .,-;J.,
PROJECT
PARCEL
FOLIO
I-f ~, p
HI).
SKETCH AND DESCRIPTION OF A
PERJl.ANENT UTILITY EASEMENT (46.P)
IN THE WEST 100' OF SECTION 26, TOWNSHIP 50 S,
RANGE 26 E, COLUER COUNTY, FlORIDA
nFSCRlPTlON OF A PERMANENT unuTY EASEMENT l YlNG IN 'THE WEST 100 FEET OF SECTION 26, TOVttlSHIP 50
SQU'TH, RANGE 26 EAST: COWER COUNTY, flORIDA; MORE PARTICUlARLY DESCRIBED AS FOLLOWS:
COMIotENCNG AT 'THE SOU'THWEST CORNER OF SAID SECTION 26, lllENCE RUN NOO'!50'44"E, A DISTANCE OF 52.52
FEET AlONG 'THE WEST UNE OF SAID SECTION TO AN INTERSECTION WI'TH lllE EAST RIGHT-OF-WAY UNE OF COUNTY
ROAD 951: 'THENCE CONTINUING AlONG SAID WEST UNE AND lHE SAID EAST RIGHT-OF-WAY UNE NOO.50'44"E, A
DISTANCE OF 65.39 FEET TO 'THE POINT OF BEGINNING: 'THENCE CONTINUING ALONG SAID WEST UNE AND SAID EAST
RIGHT-Of-WAY lINE RUN NOO'50'44"E, A DISTANCE OF 125.89 FEET; lllENCE RUN N2315'3Q"E, A DISTANCE OF
157.36 FEET; 'THENCE RUN SOO'!50'44"W, A DISTANCE OF 125.89 FEET ALONG A UNE 'tHAT IS PARAUEl WI'tH AND
60 FEET EASTERLY OF 'THE WEST UN( OF SAID SECTION; 'THENCE RUN S231S'30"W, A DISTANCE OF 157.36 FEET TO
'THE POINT OF BEGINNING. '
CONTAINING 7,553 SQUARE FEET OR 0.17 ACRES, t.lORE OR LESS.
~T~'ti~ 1W1~~T SKETCH'" SIGNAlURE THIS IS NOT A SURVEY
COONER & ASSOCIATES, INC.
SURVEYING '-NO MAPPING
5670 ZIP DRIVE. FORT MYERS, ft.ORIDA 33905
PHONE: (239)277-0722 FAX: (239)277-7179 EMAlL: SURVEYlNGOCOONER.COM
WENT: GREELEY AND HANSEN, U.C DRA~ BY: DKT CHECKED BY: JNW
PARCEl. OESCRIPllON: DAlE: 04/05/(llS SCALE: NIA IRE~
PERM. UTlUTY 6: ACCESS EASEMENT IN 'THE
WEST 100' OF SEC 211-150-26 PRO..ECT No: 03070SW.A DWG No:030705WA-ESIoI I SHEET: 2 OF 2
Agenda Item No. 16C3
September 13, 2005
Page 1 of 3
EXECUTIVE SUMMARY
,,-
Recommendation that the Board of County Commissioners, Ex-Officio the
Governing Board of the Collier County Water-Sewer District, terminate the Grand
Bay Condominium Inc, Customer Billing Agreement, and authorize the County
Manager or his designee, to provide a required ninety (90) day written notice of
the termination,
OBJECTIVE: To terminate an Agreement between the County and Grand Bay
Condominium Inc. (a condominium association) to read and bill water meters owned by
Grand Bay Condominium Inc.
CONSIDERATIONS: Grand Bay Condominium Inc. (Grand Bay) is served by Collier
County for water and sewer service through a 4" master meter, which was read and
billed as one monthly account prior to this agreement. Grand Bay installed sub-meters
to allocate charges for water and sewer service to each property in the association. Per
an Agreement entered into on November 19, 1996, the County agreed to read and bill
the individual meters for each property as a convenience to Grand Bay.
-
The County entered into this Agreement with the understanding that Grand Bay would
maintain the intemal lines and the meters owned by Grand Bay to County standards.
Grand Bay is not providing meter maintenance for the individual meters. Some of the
meters are stuck, which hinders accurate meter reading and billing. The individual
meters cannot be locked for collection of delinquent utility bills beCause the County does
not own the meters or the internal distribution lines to the meters.
If the Board of County Commissioners approves the termination of this Agreement,
County staff will resume reading and billing the 4" master meter to Grand Bay as one
monthly utility bill, which includes all individual properties. The master meter is owned
and maintained by the County,
The County could remove the 4" master meter, install individual meters and maintain,
read, and bill the individual meters; if Grand Bay would:
. Bring the internal distribution lines up to County standards,
. Dedicate the intemallines to the County, and
. Provide Conditional Utility Easements to the County.
Grand Bay has been non-responsive to the County's inquiries. Therefore, letters were
mailed to each individual utility customer to advise them of the County's position and the
options.
,,-- The County Attomey has reviewed the Agreement and has opined that a ninety (90) day
written notice is required to terminate the Agreement.
.--
---
,.,--.
Agenda Item No. 16C3
September 13, 2005
Page 2 of 3
FISCAL IMPACT: Lost revenue ($1,600 per year) received for billing the individual
meters will be offset by a decrease in operating expenses incurred to read and bill the
individual meters in the Water-Sewer District Operating Fund (408).
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact
associated with this item.
RECOMMENDATION: Recommend the Board of County Commissioners, Ex-Officio
the Governing Board of the County Water-Sewer District, terminate the Grand Bay
Condominium Inc. Utility Customer Billing Agreement and authorize the County
Manager, or his designee, to provide a ninety (90) day written notice to Grand Bay
Condominium, Inc. that the County is exercising the termination clause in the
Agreement.
PREPARED BY: Mary Jo Thurston, Revenue Manager, Utility Billing and Customer
Service Department.
Agenda Item No. 16C3
Seplember 13, 2005
Page 3 01 3
COLLIER COUNTY
BOARD OF COUNT'( COMMISSIONERS
Item Number:
Item Summary:
16C3
Recomlllellda1ion that the Bo8rd of County Commissioners, Ex~Offido the Governing Board
of the Collier County Water-Sewer District, terminate the Grand 8;rtt Condominium Inc
Customer Billing Agreement. and authorize the County Manager or his designee. to provide
ninety (90) days written notice of the termination
Meeting Date:
9/13l2005 9:00:00 AM
Apllroved By
Thomas Widlols
Operation~ Director
D...
Public UUlities
Public utilities Operattons
8191200512:30 PM
Approved By
Mary Jo Thurston
Rl'I\Il'Jnue Manager
Dote
Public UUltti(!oS
uses
819/20051:13 PM
Appro'\'cd By
John A. Yonkosky
Utllity Billing Director
Dat.
Public Utllitlec
UBes
8f9JW05 1 ~23 PM
Approved By
Thomas Palmer
AfIlsistant county Attornl!lY
Oat.
County Attorney
County Attorney Office
S19fZ005 1:41 PM
Approved B~'
JarMS W. DeLony
Public Utilities Administrator
Date
Public Utilniea
Public lltlllti8S Admini$tratlon
BJ10!'2005 4:29 PM
AplJrOved By
OMB Coordin...tor
Administrative Assistant
Oat.
County Mannger'z Offioe'
Office of MllInlllgemef\t & Budget
8111J2005 2:56 PM
Approved By
Michael smykow$"l
Management & Budget Director
Dote
COl,lnty Manager's Otfloe
Office of Manag~ment & Budget
811BJ200S 2:11 PM
Approved By
Leo E. Oells, Jr,
Board or County
Commi5siollen;;
Deputy County Manager
Dat.
county Manager'$ Office
8r2312005 12~25 PM
Agenda Item No. 16C4
September 13, 2005
Page 1 of 3
EXECUTIVE SUMMARY
.~
Recommendation that the Board of County Commissioners, Ex-Officio the
Governing Board of the Collier County Water-Sewer District, terminate the
Coco bay Condominium Inc, Customer Billing Agreement, and authorize the
County Manager or his designee, to provide a required ninety (90) day written
notice of the termination.
OBJECTIVE: To terminate an Agreement between the County and Cocobay
Condominium Inc, (a condominium association) to read and bill water meters owned by
Coco bay.
CONSIDERATIONS: Coco bay Condominium Inc. (Co co bay} is served by Collier
County for water and sewer service through a master meter, which was read and billed
as one monthly account prior to this agreement. Cocobay installed sub-meters to
allocate charges for water and sewer service to each property in the association. Per an
Agreement entered into on July 31, 2001, the County agreed to read and bill the
individual meters for each property as a convenience to Cocobay,
~
The County entered into this Agreement with the understanding that Coco bay would
maintain the internal lines and the meters owned by Cocobay to County standards.
Cocobay is not providing meter maintenance for the individual meters. Some of the
meters are stuck, which hinders accurate meter reading and billing. The individual
meters cannot be locked for collection of delinquent utility bills because the County does
not own the meters or the internal distribution lines to the meters.
If the Board of County Commissioners approves the termination of this Agreement,
County staff will resume reading and billing the 3" master meter to Coco bay as one
monthly utility bill, which includes all individual properties. The master meter is owned
and maintained by the County.
The County could remove the 3" master meter, install individual meters and maintain,
read, and bill the individual meters; if Coco bay would:
. Bring the internal distribution lines up to County standards,
. Dedicate the internal lines to the County, and
. Provide Conditional Utility Easements to the County,
Coco bay has been non-responsive to the County's inquiries. Therefore, letters were
mailed to each individual utility customer to advise them of the County's position and the
options.
~' The County Attorney has reviewed the Agreement and has opined that a ninety (gO) day
written notice is required to terminate the Agreement.
,--..
~
,..-'
Agenda Item No. 16C4
September 13, 2005
Page 2 of 3
FISCAL IMPACT: Lost revenue ($1,600 per year) received for billing the individual
meters will be offset by a decrease in operating expenses incurred to read and bill the
individual meters in the Water-Sewer District Operating Fund (408).
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact
associated with this item.
RECOMMENDATION: Recommend the Board of County Commissioners, Ex-Officio
the Governing Board of the County Water-Sewer District, terminate the Coco bay
Condominium Inc. Utility Customer Billing Agreement and authorize the County
Manager, or his designee, to provide a ninety (90) day written notice to Cocobay
Condominium, Inc. that the County is exercising the termination clause in the
Agreement.
PREPARED BY: Mary Jo Thurston, Revenue Manager, Utility Billing and Customer
Service Department.
Agenda Item No 16C4
September 13, 2005
Page 3 01 3
COLLIER COUNTY
BOARD OF COUNl"Y COMMISSIONERS
Item Number.
Item Summary:
16C4
Rec{lmmendali{ln lhftt the BOl"ord of County CommiS5t(lners. Ell-Offtcio the Governing Board
of the Collier County Wate-I-Sewer DistrIct, terminate the Cocobay CondominIum Inc,
Customer Billing Agreement and authorIze the County Manager or his designee. to provide a
required ninety (90) day written notice of tf1e termination
Meeting Date:
9/13120059:00:00 AM
AI)provcd By
Thomas Wides
Operations Oireetor
D.!IIte
Public Utilities
Public UtlHties Operatjon~
819/200512;29 PM
Apprond By
Mary Jo Thurston
Revenue Manager
Date
Public UtUlhes
UBCS
BJ9f2005 1:16 PM
Approved B~'
John A, Yonkosky
Utility Billing Director
Oat.
Public Utilities
UBes
819/2(105 1 :23 PM
Approved By
Thomas Palmer
Anistant County Attorney
Date
County Attorney
County Attorney Office
811012005 9:33 AM
Appro'Ved By
James W. DeLony
Public Utilities Administrator
Dote
Public Utilities
Public utilities Adminis.tration
8110120054:29 PM
Appro'Ved By
OMS Cuordinator
Ad.mnistrlltlve Assilitant
Date-
County Manager's Office
Office of Management" & Budget
8(11/20052:55 PM
Approved By
Michael SmykOWtlki
Management & Budget Director
Date
County M;mager's Otfi(ll!l
Office of Managomont & Budget
8!18t2005 2:13 PM
Approved By
Leo E, Ochs, Jr
80ard of County
Cornmiu.onen;.
Deputy County Mannger
Oat.
County Manager's Office
8123/200512:23 PM
,,"'-'"
,-
,,--
Agenda Item No. 16C5
September 13, 2005
Page 1 of 4
EXECUTIVESU~Y
Recommendation to approve a Third Amendment to Lease Agreement with the City of
Naples Airport Authority to extend the lease term for the Naples Transfer Station property
at a first year annual rent of $39,556,
OBJECTIVE: The public purpose is to extend the Naples Transfer Station land lease for two additional
years,
CONSIDERATIONS: The County currently leases approximately 150,000 square feet of land at the
City of Naples Airport for the Solid Waste Department's Naples Transfer Station.
The attached Third Amendment to Lease Agreement extends the lease term for two additional years
beginning October 1, 2005, and ending on September 30, 2007. The frrst year's annual rent shall be
$39,556. The rent for the second year of the renewal term shall be increased pursuant to the Consumer
Price Index. The remaining terms and conditions of the original Lease Agreement remain in full force
and affect.
This Amendment has been reviewed and approved by the Solid Waste Department and the County
Attorney's office as to form and content.
The Clerk's Finance and Accounting Division has reviewed the information contained in this Executive
Summary.
FISCAL IMPACT: The fIrst year's annual rent of$39,556 will be paid in equal monthly installments of
$3,296.33 and be withdrawn from the Solid Waste Disposal Fund (470).
GROWTH MANAGEMENT IMP ACT: There is no impact to the Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners approve and authorize its Chairman
to execute the attached Third Amendment to Lease Agreement with the City of Naples Airport Authority,
PREPARED BY: Michael H. Dowling, Senior Property Management Specialist
Real Estate Services I Facilities Management Department
Item Number:
Item Sumll18ry:
MeetinG Date:
Agenda Item No. 16C5
September 13. 2005
Page 2 014
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16C5
Approval of a Third Amendment to L~a8e Agreement with the City Of Naples Airport Authority
to extend the Lease lerm for the Naples Transfer Station Property at a: first year annual rent
of $39 <556
9113120059:00:00 AM
Property Management Speciallat
0'"
8/6120054:24:29 PM
Prepared By
Michaall-L Dowling
Adminlaturtive Services
FacUities Management
Kevin H. Dugan
Environmental Compliance Manager
0...
Approved By
PUblic Utilities
Solid Waste
8!912005 6:07 AM
Operations Director
Oal.
Approved By
Thomas Wides
Public Utllitie8
Public UtiUtles Operations
8(9/200511:50 AM
Approved By
Charles E. Cnrrinoton, Jr.,
SRNoJA
Real Estm.e Services Manager
Date
Administrative ServiC&9
Facilities Management
819/2005 4:59 PM
Oat.
Approved B)'
Appro,,'ed By
Danie! R. Rodriguez, M.BA Interim Solid Waste Director
81912005 5:,w PM
Skip C3mp, C.F.M,
Public Utilities Sotld Waste
Facilities MlIn3gemen1 Director
0...
Administrative Services
Facllitles Managerrmnt
6/10/200512.:56 PM
James W. Delony
Publ1c Ut!lltiC6 Adminil)trlltor
Date
AI'IUO\'ed By
Public Utilities
Public Utilities Administration
BJ10f2005 4~31 PM
OMB Coordinator
Adminlztrati.....e Assistant
Date
APIIfO\'ed By
County ManagGJ:r'1I Office
Office of Management & Budget
8/11120052:54 PM
Michael Smykowski
Management 8- Budget Director
0"",
Approved By
County Manager'. Office
Office of MIU1.8gement & Budget
8f23/200S 1:48 PM
Apprond 8)'
County Manager
Oat.
Jame$ V, Mudd
Board of County
Commissioners
County Manager'S Offictt
8121/200512:13 PM
Agenda Item No. 16C5
September 13, 2005
Page 3 of 4
CITY OF NAPLES AIRPORT AUTHORITY LEASE AGREEMENT
THIRD AMENDMENT
THIS THIRD AMENDMENT TO LEASE AGREEMENT, entered into this
day of 2005 between the CITY OF NAPLES AIRPORT AUTHORITY, a
political subdivision of the State of Florida (hereinafter referred to as "Lessor"), and
COLLIER COUNTY, a political subdivision of the State of Florida (hereinafter referred
to as "Lessee. ")
WHEREAS, the Lessee and Lessor have previously entered into a Lease Agreement
dated October 21, 1999, a First Amendment to Lease Agreement, dated February 21,
2002, and a Second Amendment to Lease Agreement dated November 5, 2002
(collectively the "Lease Agreement");
WHEREAS, the Lessee intends to enter into a long-term lease agreement with the Lessor
within twenty-four (24) months of the date of this Third Amendment to Lease
Agreement, and;
WHEREAS, the Lessee has plans to construct a state of the art recycling center within
twenty-four (24) months of the date of this Third Amendment to Lease Agreement;
NOW, THEREFORE, In consideration of the sum of Ten Dollars ($10.00) and other
good and valuable consideration, including the covenants and agreements to be
performed by Lessee and Lessor herein and pursuant to that certain Lease Agreement
dated October 21, 1999, the First Amendment to Lease Agreement dated February 21,
2002 and the Second Amendment to Lease Agreement dated November 5,2002, Lessee
and Lessor do hereby agree to amend the Lease as follows:
1. The following provision is added to Article 1 of the Lease Agreement:
"If this Lease is not terminated prior to September 28, 2005, this Lease shall
renew automatically for one (1) additional term of two (2) years, The monthly rent
commencing as of October 1, 2005 and October 1, 2006 shall be increased pursuant to
the terms set forth in this Lease Agreement."
2. Except as expressly modified herein, the Lease Agreement shall remain in full force
and effect according to the terms and conditions contained therein, and said terms and
conditions are applicable hereto except as expressly provided otherwise herein. Lessee and
Lessor warrant and covenant that this Third Amendment to Lease Agreement and its
execution has been duly authorized and approved by their respective governing boards.
-1-
214547,1 7/19/2005
Executed this _ day of
A TIEST:
By:
Theodore D. Soliday
Executi ve Director
A TIEST:
DWIGHT BROCK, Clerk
By:
Deputy Clerk
Approved as to form and legal sufficiency
for the Airport Authority:
F. Joseph McMackin ill
Counsel to the Authority
Agenda Item No. 16C5
September 13, 2005
Page 4 of 4
,2005.
CITY OF NAPLES AIRPORT
AUTHORITY, a political subdivision
of the State of Florida
By: Peter L. Manion
Chairman
BOARD OF COUNTY
COMMISSIONERS,
COLLIER COUNTY, FLORIDA
By: Fred W. Coyle, Chairman
Approved as to form and legal sufficiency
for Collier County:
1f.!mas C. Palmer
Assistant County Attorney
-2-
214547.17/19/2005
Agenda Item No. 16C6
September 13, 2005
Page 1 of 11
EXECUTIVESU~Y
-
Recommendation to apply to the Florida Department of Environmental Protection
for a 2006 Section 319 Grant towards the Holistic Approach to the Reduction of
Non-point Source Pollution in the amount of $116,000,
OBJECTIVE: To apply to the Florida Department of Environmental Protection for a
2006 Section 319 Grant towards the Holistic Approach to the Reduction of Non-point
Source Pollution in the amount of $116,000,
CONSIDERATION: The Florida Department of Environmental Protection (FDEP) is
offering this grant to provide assistance to implement projects that reduce non-point
source pollution such as stonnwater runoff from urban areas and agricultural operations,
failing septic tanks, and erosion from construction areas. Funds originate from the
Environmental Protection Agency (EPA) and are administered in Florida by the FDEP,
The proposed project will develop, implement and evaluate a 3-year watershed outreach
educational program to promote Best Management Practices, address public awareness
and stakeholders, and reduce the potential non-point source pollution (NSP) derived from
golf course comrmmities, agricultural, industrial, and commercial activities in Collier
County.
.-
The total project cost is $254,000 for three years. The grant request is $116,000, which
reflects a 46% cost share from FDEP, Staff time and travel costs in the amount of
$138,000 are 54% of the County's cost share, these monies have already been budgeted
and are part of existing and ongoing programs that utilize existing personnel at the
Pollution Control and Prevention Department. The grant money will be used to enhance
and expand the existing activities that promote Best Management Practices, address
public awareness, and reduce the potential non-point source pollution (NSP) derived from
golf course communities, agricultural, industrial, and commercial activities in Collier
County, A wards are provided on a cost-reimbursement basis under the grant period.
If awarded, the County will be notified by FDEP in October 2005 of the status. EPA
anticipates awarding the funds in September 2006 and will then require each successful
applicant to execute a grant agreement.
FISCAL IMP ACT: If awarded, it is expected that grant funds in the amount of
$116,000 will be recognized in Fund 116 and the local match will be provided from Fund
114 as an expanded project in the amount of $138,000.
...--
GROWTH MANAGEMENT IMP ACT: This project satisfies the following goals of
the Conservation and Coastal Management Element, which state that the County shall
continue to plan for the protection, conservation, management and appropriate use of its
natural resources (Goal 1), shall protect its surface and estuarine water resources (Goal
2), shall protect its ground water resources to ensure the highest water quality practical
(Goal 3), shall conserve, protect and appropriately manage the fresh water resources
(Goal 4), and shall appropriately manage hazardous materials and wastes to protect the
Agenda Item No. 16C6
September 13, 2005
Page 2 of 11
county's populous and natural resources and to ensure the highest environmental quality
(Goal 9).
RECOMMENDATION: That the Board of County Commissioners authorize
submission to the Florida Department of Environmental Protection for a 2006 Section
319 Grant towards the Holistic Approach to the Reduction of Non-point Source Pollution
in the amount of $116,000.
PREPARED BY: Dr, Musa Nossier, Environmental Specialist, Pollution Control
Department
-.
.--
^gElnda Item No.1 GC6
September 1~~, 2005
Page 3 0111
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item SurrtflMlry:
16C6
Meeting Date:
Recommenda1ion to apply to the Florida Department of Environmental Protection for a 2006
Section 319 Grant towards the Holistic Approach to the Reduction of Non-Point SOl.lrCe
Pollution In the amount at $116,000
9/13120059:00:00 AM
Approved B)'
Ray Smith
Director
Date
8/8120054:56 PM
Public Utillti..
pollution Control & Pr....ention
Approved B)'
Thomas Wideli
OperatioN Director
Date
Public UtillUes
Public Utilities Operlllions
8/912005 11:30 AM
Approved By
rMrlene J. Foord
Grants Coordinator
Date
AdminlBtratiye Servl(ll!l'
Admlt"llstratiye S$rvlcClis Admin,
8/111200& 10:07 AM
Approved B)'
James W. DeLony
Public Utilities Administrator
Date
Public Utilities
Pl.fbtic Utilities Administration
6111120052:049 PM
Approved By
DMB Coordinator
AdministrAtive A.nistant
Dot.
County M1II'UJger'S Office
Office of Management & Budget
8/1212006 !b45 AM
AplJrOved By
Michael Smykowskl
County MZlMger'& Office-
Management & Budget Director
Otflce 01 Manlilgement & BUdget
Dote
8/23120051:39 PM
Approved By
James V. Mudd
Board of County
Commi$sioners
county Manuget
0"'.
COLlnty Manaoer's Office
6/3012005 2:44 PM
Agenda Item No. 16C6
September 13, 2005
Page 4 of 11
FY 2006 SECfION 319 GRANT PROPOSAL APPLICATION
PROJECT: A holistic approach to the reduction of Non point Source Pollution (NSP) from various land uses in Collier
County, Florida.
PROJECT FUNDING: $ 116,000 FY06 319 $ 138,000 Match
LEAD ORGANIZATION:
Collier County Board of Commissioners, Florida
CONTACT PERSON:
Dr. Musa A. Nossier
Pollution Control & Pollution Prevention Department,
PUPUC UTILITIES DMSJON
3301 TAMJAMJ TRAIL EAST, NAPLES, FL 33112
(239) 732 2502 (X5068) /(239) 732 2574 (FAX)
m~anw~~~om~go~n~
COOPERATING ORGANIZATIONS:
Florida Department of Environmental Protection, Florida Department of Agriculture & Consumer Services, South
Florida Water Management District, Florida Department of Health & Human Services, Fish& Wild Life Conservation
and the Conservancy of South West Florida.
PROJECT ABSTRACT:
A three-year watershed outreach educational program will be developed, implemented, and evaluated to promote best
management practices, address public and stakeholders awareness, reduce NSP derived from golf course communities,
agricultural, industrial, and commercial activities, in Collier County.
This effort will develop and sustain, partnerships with local and state agencies and the stakeholders to expand, update,
and tailor the education program on NSP prevention. Compliance assistance visits, both pre-and post implementation of
the education program, will be conducted to encourage the adoption of a holistic approach encompassing all
stakeholders and their commitments to reduce potential NSP in Collier County.
A Certification of Recognition Incentive Program (CRlP) will be developed specifically geared to those facilities that go
beyond compliance with regulatory requirements to attain a high level of environmental performance and management
that benefit the public and the environment
PROJECT LOCATION AND WATERSHED CHARACTERISTICS:
Collier County was created in 1923 by the Florida legislature from portions of Lee and Monroe Counties. It is located in
southwest Florida bordering the Gulf of Mexico on the west, and Miami-Dade and Broward counties on the East. The
City of Naples, located in the western and coastal area of Collier County, is the largest of the three incorporated cities in
Collier County. Everglades City lies south and east of Naples; the City of Marco Island lies south along the Gulf of
Mexico.
Collier County encompasses approximately 5,185.15 Km2 ofland and in a surficial limestone deposits formed around
120,000 years ago (pleistocene) situated between the tropics and the temperate climatic zone.
Human impacts on South West Florida Natural Resources have been great, especially in the last two decades. NPS
pollution, unlike pollution from point sources such as industrial and sewage treatment plants, comes from many diffuse
sources that have their genesis in land use. Polluted runoff is transported by rainfall moving over and through the
ground. As the runoff moves, it picks up and carries away natural and human-made pollutants, finally depositing them
into watersheds through lakes, rivers, wetlands, coastal waters, and aquifers.
Watershed Name:
Latitude:
Longitude:
Hydrologic Unit Code (HUC):
Everglades-West CoastlBig Cypress Basin
N/A
N/A
03090204
1
Agenda Item No. 16C6
September 13, 2005
Page 5 of 11
Land Uses within the Watenbed(acres and percentages of total):
Land Use Acres I, %
Aerieulture/Row & Citl1ll 81,452 6.06
Aericulturel Pasture & Range 49,110 3.65
Commercial 27,741 2.06
Industrial 8,862 0.66
Traosuortation 3,934 0.29
Uulands 87,361 6.50
Wetlands 1,031,462 76.69
Residential 54,971 4.09
l,and UseTotals{A'Crea<<eand%) 1,344893 100.00
POLLUTION REDUCTION STRATEGY:
Agricultural, golf courses, Industrial. commercial and urban nonpoint sources are the leading sources of water quality
impacts to wet lands and the maj or contnbutor to contamination of groundwater and estuaries such as Naples Bay,
Rookery Bay and Lake Trafford, in Collier County.
Section 303(d) of the Clean Water Act (CWA) requires states to submit lists of surface waters that do not meet
applicable water quality standards (impaired waters) after implementation of technology-based effluent limitations, and
establish Total Maximum Daily Loads (TMDLs) for these waters on a prioritized schedule. TMDLs establish the
maximum amount of a pollutant that a water body can assimilate without causing exceedances of water quality
standards. As such, development ofTMDLs is an important step toward restoring our waters to their designated uses. In
order to achieve the water quality benefits intended by the CW A, it is critical that TMDLs, once developed, be
implemented as soon as possible.
Chapter 99-223, Laws of Florida, sets forth the process by which the 303(d) list is refined through more detailed
water quality assessments. It also establishes the means for adopting TMDLs, allocating pollutant loadings between
contributing sources, and implementing pollution reduction strategies. Implementation ofTMDLs refers to any
combination of regulatory, non-regulatory, or incentive-based actions that attain the necessary reduction in pollutant
loading. Non-regulatory or incentive-based actions may include development and implementation of Best Management
Practices (BMPs), pollution prevention activities, and habitat preservation or restoration. The goal of this proposed
three-year educational project is to promote the protection of human health and the environment from the potential NSP
derived from improper management of solid and hazardous wastes, pesticides, fertilizer, and water on the golf courses;
agricultural, industrial, and commercial activities in Collier County, Florida. A multi-media compliance assistance
visit will be conducted at 55 private and 14 public golf courses, agricultural, industrial, and commercial facilities to
assess the effectiveness of BMPs and the education outreach campaign for all activities at these communities, adopting a
holistic approach, encompassing all shareholders and their commitments. By applying this holistic approach through
cooperative efforts of Collier County, state regulators, the golf courses, agricultural, industrial, commercial facilities and
the public at all levels of responsibilities, the natural splendor of the aquatic ecosystem resources such as Naples Bay,
Rookery Bay, and Lake Trafford would be recognized and restored.
Pollution prevention ofNSP will be accomplished through conducting watershed educational campaign with more
emphasis on solid and hazardous wastes, application of pesticides and fertilizers, and water conservation.
The stakeholders will be identified, engaged, and involved to restore and maintain healthy environmental conditions for
the various Communities.
All literature of the BMP for solid and hazardous wastes, storage tanks, pesticides and fertilizers, Club and Restaurants,
septic tanks, and environmental health and safety for the various stakeholders, will be reviewed, updated, and enhanced.
Seminars will be conducted for the residents and management of the golf Courses, agriculture, commercial, and
Industrial communities to establish community involvement, conformity, and commitn1ent in reducing NSP by
preventing illegal dumping, and release of hazardous products from automobiles onto roadways and parking lots.
Development and application of the appropriate techniques for tracking, evaluating, and reporting the implementation of
the education campaign, BMP for all activities, and compliance with the array of regulatory requirements, will be
performed.
The holistic approach allows uniform documentation of the BMP for comparison throughout the watershed with all
stakeholders' involvement for acceptable action to be taken to remedy the segment of the watershed.
The Big Cypress Watershed Management Plan, which is under development by the State of Florida, would benefit from
the implementation of the above programs to reduce the TMDLs for Naples Bay, Rookery Bay, and Lake Trafford.
PROJECT OBJECTIVES:
The goal of this proposed three-year educational project is to promote the protection of environment from the NSP
2
Agenda Item No. 16C6
September 13, 2005
Page 6 of 11
derived from improper management of solid and hazardous wastes, pesticides, fertilizers, and water in Collier County,
Florida. The objectives are:
e Develop and implement a watershed outreach plan to address public awareness, promote BMP, and
inform the stakeholders.
e Evaluate, assess, and continuously update the BMP to better educate the stakeholders at all levels
regarding NSP reduction.
e Continue to partner with local and state agencies and the stakeholders to expand and improve
education programs on NSP prevention.
e Conduct compliance assistance visit to assess the effectiveness of the BMP and the educational
program for all activities adopting a holistic approach.
e Develop, and install a pollution prevention incentive program specifically geared to those who go
beyond compliance with regulatory requirements to attain a high level of environmental performance
and management that benefit the public and the Environment.
· Continue to implement the above objectives for the NSP education program targeting other land uses
(agriculture, industrial, and commercial facilities) in the county.
PROJECf DESCRIPTION:
Human impacts on south west Florida ecosystem have been great, especially in the last two decades. Extensive
drainage of natural wetlands and the rerouting of natural watetways have been compounded by massive population
growth, that has driven the over-development of this sensitive area. The importance of water as a resource will
inevitably grow as the population of Collier County increases with the subsequent impact of its quality.
Implementation of TMDLs refers to any combination of regulatory, non-regulatory, or incentive-based actions that
attain the necessary reduction in pollutant loading. Non-regulatory or incentive-based actions may include
development and implementation ofBMP, pollution prevention activities, and habitat preservation or restoration.
The goal of this Proposed three-year educational project is to promote the protection of human health and the
environment from the NPS derived from improper management of solid and hazardous wastes, pesticides, fertilizer,
and water on the golf courses, agricultural, industrial, and commercial activities in Collier County, Florida. A multi-
media compliance assistance visit will be conducted at 55 private and 14 public golf courses, agricultural, industrial,
and commercial facilities to assess the effectiveness of the BMP and the education outreach campaign for all
activities adopting this holistic approach.
3
Agenda Item No. 16C6
September 13, 2005
Page 7 of 11
ESTIMATED POLLUTANT LOAD REDUCI10N:
This is a non-structural best management practice project and it is impossible to predict pollutant load reduction without
a monitoring program. The educational outreach campaign and the subsequent commitment of the stakeholders to the
implementation of the BMP beyond compliance with environmental regulation would reduce the load of pollutants and
subsequently protect and preserve the aquatic ecosystems of the Everglades West Coast (Big Cypress) watershed.
Tracking, evaluating, and reporting the implementation of the education campaign, BMP for all activities, and
compliance with the array of regulatory requirements will confirm this.
BMPs .. ... Other Other
Installed TSS TP TN Sediment BOD K21vr K2fyr
Kg/yr KgIyr KgIyr Kglyr Kg/yr
Pre-
Project
'" Post-
'C
elS Proiect
=
~ Load
....
Cl Reduction
S
:5l 0/0
:. Reduction
TSS TP TN Sediment BOD Other Other
I.Kf!Iyr K2fyr
Kg/yr KgIyr Kg/yr KgIyr Kg/yr :
Pre-
Project
~ Post-
elS Project
~
.... Load
Cl Reduction
a
~ 0/0
~ Reduction
Other Other
TSS TP TN Sediment BOD KIUYr Kl!lyr
Kg/yr Kg/yr Kg/yr Kg/yr KgIyr
Pre-
Project
'" Post-
'C
elS Project
=
~ Load
....
i Reduction
:a %
~ Reduction
TSS TP TN Sediment BOD Other Other
K21yr .K2fyr
Kg/yr Kglyr Kg/yr KgIyr Kg/yr
Pre-
Project
'" Post-
1 Project
=
~ Load
....
S Reduction
:5l ole
~ Reduction
4
Agenda Item No. 16C6
September 13, 2005
Page 8 of 11
MODEL USED: N/A
OUTPUTS/DELIVERABLES:
Task 1: Develop educational materials including a multimedia manual accompanied with power point slide show
and video documentary designed to inform and promote public awareness to pollution prevention and water
conservation through out the County. -
Task 2:Develop and produce a multimedia compliance assistance visit form and check list (FDEP HW # 484) to be
applied for compliance assistant visits to golf courses, farms, Industrial, and commercial facilities, pre- and post
implementation of the education outreach and the BMP.
Task 3: Document and statistically analyze the effectiveness of the environmental outreach programs in reducing the
NSP derived from the above activities.
Task 4: Document the efforts to develop partnerships with various local, state agencies and the stakeholders.
Task 5: Document the number of participants in the outreach education campaign and modifY the workshops if
necessary based on the evaluation of the effectiveness of the educational campaign with uniformity throughout the
county.
Task 6: Document the inventory of applied fertilizers, pesticides, and the proper / improper disposal of hazardous
wastes, water uses and recorded precipitation. This data will be used to assess the potential load of pollutants pre-
and post evaluation at each site.
Task 7: Production and distribution of press releases, newspaper articles, and newsletter notices for the public and
the stakeholders, in English, Spanish, and Creole for the duration of the project.
Task 8: Develop a Certification of Recognition Incentive Program (CRIP) for the environmentally friendly facilities
exceeding compliance in Collier County.
Task 9: Submission of quarterly progress reports, a draft project report and five hard copies, and an electronic
version of the comprehensive final report.
5
PROJECT MILESTONES:
Agenda Item No. 16C6
September 13. 2005
Page 9 of 11
Start Com Jete..
Month 1 Month 2
Month 3 Month 4
Month 4 Month 6
Month 6 Month 7
Month 7- Month 11
11
Month 11 Month 11
Month 12 Month 12
Month 13 Month 14
Task Ac:tivi
1 Reviewofliterature
2 Schedule Meetin with Partners &Stakeholders
3 Prepare and submit the educational materials & the multi-media
compliance assistance visit form for approval by all partners &
ro ss r rt
4 Conduct the outreach educational campaign (TV IN ews
Paper/Seminars for the public& stakeholders for six month for
NSP prevention & ss r ort.
5 Conduct the multimedia compliance assistance visit before the
campaign and follow up after the campaign (4 Months) for the
olf courses ro ess r ort.
6 Develop and install the Certification of Recognition Incentive
Pro (CRIP) for olf course.
7 Submit Final Report/5 hard copies and an electronic version &
educational materials for olf courses.
8 Prepare and submit the educational materials & the multi-media
compliance assistance visit form for agriculture:
citruslCl' slran e/ nurs
9 Conduct the outreach educational campaign (fVINews Month 15 Month 20
Paper/Seminars for the public& stakeholders for six month for
NSP revention (a . culture & ro ess r ort.
10 Conduct the multimedia compliance assistance visit before the Month 14 Month 22
campaign and follow up after the campaign (4 Months) for
a . culture CI' slcitruslran e/nurs & 0 ss r rt.
11 Develop and install the Certification of Recognition Incentive Month 23 Month 23
Program (GRIP) for agriculture.
12 Submit Final Report /5 hard copies and an electronic version & Month 23 Month 24
educational materials for agriculture.
13 Prepare and submit the educational materials & the multi-media Month 25 Month 27
compliance assistance visit form for the commercial & industrial
facilities (carpet and car wash facilities, swimming pool services,
auto RJ clers'unk ards, and arkin Lots.
14 Conduct the outreach educational campaign (fV/RadiolNews Month 28 Month 29
Paper/Seminars for the public& stakeholders for six month for
NSP (industrial & commercial facilities) & progress report.
15 Conduct the multimedia compliance assistance visit before the Month 30 Month 35
campaign and follow up after the campaign (6 Months) for
industrial & commercial facilities.
16 Develop and install the Certification of Recognition Incentive Month 35 Month 36
Program (GRIP) for industrial & commercial facilities. Submit
final report /5 hard copies and an electronic version &
educational materials
PROJECT BUDGET:
Project FundingActivity
319 (h) Amount
Matching
Contribution
6
Match Source ·
Agenda Item No. 16C6
September 13, 2005
Page 10 of 11
Staff; First Year $00.00 $40,000 Collier County
(ScientistlEducator)&Administr
ative Assistant! Golf Courses
Travel (Year 1, 2, and 3) $6,000 $18,000
Equipments (First Year) $35,000 $0.0
Supplies: (Year I, 2, and 3) $15,000 $0.0
Contractual
BMP Implementation (Year 1,2, $15,000 $0.0
and 3)
Monitoring
Public Education (Year 1, 2, and $45,000 $0.0
3)
Staff: $40,000 Collier County
Second Year: (Agricultural
Facilities)
Staff: $40,000
Third Year:
Industrial & Commercial
Facilities
Total: $116,000 $138,000 Collier County
Total Project Cost $254,000
Percentage Match: 46% 54%
*If a stormwater utility or other dedicated recurring fee is contributing, put that information in the following
table,
MA TCH SOURCE INFORMATION:
Match Source Name
Description
ERUlFee
BUDGET BY TASK:
Project Funding Activity 319 (h) Amount Matching Match Source
. ContrIbution
First Year: Equipment $35,000 0.0
(Computer/Power Point Projector,
Cinema Camera
Travel (Year 1, 2, 1 and 3) $6,000 $18,000 Collier County
Publications &Supplies (Year 1, $30,000
2, and 3)
First Year: Staff: Conducting 0.0 $40,000 Collier County
Compliance Assistant Visit Golf
Courses
Outreach Education Campaign& $45,000 0.0
Media (Year 1, 2, and 3)
Follow up Compliance Visits
Staff: $40,000 Collier County
2nd Year Agricultural Activities
Staff: $40,000 Collier County
3rd Year Industrial & Commercial
Activities
7
Agenda Hem No. 16C6
September 13. 2005
Page 11 of 11
T ota1: 116,000 138,000
otal Project Cost: 254,000
Percentage Match: 54.3%
T
OTHER FUNDING (Not Match - such as land acquisition or other federal grants): N/A
Aeency .. AetivitY Amount
Total:
OTHER INFORMATION: If this is a multi-year project, have you requested sufficient funds to complete the
project (assuming funds requested herein are provided)?
(State yes or nOt and, if nOt provide an explanation): Yes: [gI No: 0
The Lead Organization, as listed on the tint page of tbis formt agrees to comply with all requirements specified
in the guidance package and in the federal grant regulations, Checking "no" or "yest except" will cause the
project to have a lower ranking than similar projects by lead organizations that agree to the requirements:
Yes: [gI
No: 0
Yest except: 0
(Note: List exceptions helow,)
Exceptions:
REFERENCES CITED: EPA 841-F-03-004/Feb.2003), EPA 841-F-03-004lFeb.2003),
NOTE: PLEASE SUBMIT ALL APPENDICES IN A SEPARATE WORD DOCUMENT, THIS MAY
INCLUDE MAPS. FIGURES OR ANY OTHER INFORMATION YOU WOULD LIKE TO INCLUDE
WIm YOUR APPLICATION
8
Agenda Item No. 16C7
September 13, 2005
Page 1 of 3
EXECUTIVE SUMMARY
--
Recommend approval of short-listed firm and award of contract to de la Parte & Gilbert,
P,A, for RFP #05-3792 - Fixed Term Utility Specialized Legal Services in the estimated
annual amount of $200,000,
OBJECTIVE: The public purpose of this award is to retain legal services to assist the County
in specialized areas of Florida water law, including acquisition of consumptive use permits and
regional water supply planning.
CONSIDERATIONS: The County is in need of legal assistance to ensure its interests are
promoted and protected in matters under the jurisdiction of the South Florida Water
Management District. These interests are most critical in the issuance of water consumptive use
permits, and in the preparation of the District's long range water supply plans. The RFP was
publicly advertised on April 29, 2005. Notices were sent to 7 firms with 5 vendors requesting full
packages. Two responses were received by the due date of May 27, 2005. A Selection
Committee meeting was held on July 1, 2005 and after review and discussion, and by consensus
of the Selection Committee, the following two firms were short-listed in order:
l,de la Parte & Gilbert, P.A.
,-.. 2. Carlton Fields
Staff has negotiated and reached agreement with the top ranked firm, de la Parte & Gilbert, P.A.,
and recommends award of Contract 05-3792 to that firm. The time frame of the contract is for
one year from the date of execution, with three one year renewals. Each individual Work Order
under the Contract shall not exceed $90,000 unless otherwise approved in writing by the Board
of County Commissioners, and the total initial compensation for all Work Orders issued under
this Agreement shall not exceed $500,000 annually, unless otherwise approve in writing by the
Board of County Commissioners of Collier County.
The hourly rates under this Contract are:
Professional Hourlv Fee
Edward de la Parte, Jr. $225.00
Other Shareholders $190.00
Associate Attorneys $150.00
Law Clerks $100.00
Paralegals $ 90.00
~
i"'-"
Agenda Item No. 16C7
September 13, 2005
Page 2 of 3
This fixed term contract for professional services is available for review at the County Manager's
office, Building P, and the Public Utilities offices, Building H. This will be made part of the
record when considered by the Board.
FISCAL IMP ACT: A Budget Amendment is required to remove money out of water user funds
(412) reserves. As specific tasks are identified, necessary funds will be made available. The
amount to be used from this fund is $200,000.
GROWTH MANAGEMENT IMPACT: While this has no direct impact on the Growth
Management Plan, it will provide planning and permitting consistency between the County and
the District.
RECOMMENDATION: That the Board of County Commissioners, as ex-officio Governing
Board of the Collier County Water/Sewer District; (l) Approve the Contract #05-3792 with the
firm of de la Parte & Gilbert, P.A., and (2) Authorize the Chairman to execute a standard County
Attorney approved contract.(3) and approve necessary Budget Amendment.
Prepared by: Roy B. Anderson, P.E. Director, Public Utilities Engineering Department.
Item NUmHt:
Item 8u~ry:
Melting D..:
Agonda Item No. 16C7
September 13, 2005
Page 3 01 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16C7
Recommend approv"1 of ahortlis1ed hrm and award of contractlo de la Parte & Gilbert, P.A.
fOI RFP #05.Z,792 FIxed Term Uulity Specialized Logal Services In the .sbmated anouel
Amount of $200.000.
9/13/2005 9:00:00 AM
Purchulng AgCl'nt
Dato
Approved B"
Lyn Wood
Administrative Services
Purchasing
811012:0059:01 AM
Approved B)'
OperlltJo"s Director
Dot.
Thomllll Wides
Public: UUlltles
Public uul"1es Operatlonl
&/11/Z005 2:24 PM
Puroh..ing/Gltneral SVCIi mrector
Date
8/15/200510;35 AM
Apltro\'ed By
Steve ClIlrntlll
Adminlatrative $Qrvloel
PurchaiHng
Nancy Br.dley
Legnl Secretary
0...
Approved By
County Attorney
CQunty Attorney Office
8118/200511 :05 AM
Approved 8)'
Davtd C. WeIgel
County Attorney
Approved By
J.mu W. Oelany
Public Utilities
County Attorney
Dote
1(18J2005 11:00 AM
County Attorney Offlc.
Publio utllltles: Adm~nlwlltor
0...
6/16120052:00 PM
PubUc UtilltiM Adminlz1rlltlon
OMS Coordinator
Admlnj.tr~tiv& Aufstam
Date
Apl)roved B)I
County Manager'. OfficI';
Office 01 Manauwm.,"t & Budget
813112005 1:54 PM
Approved By
Susan U.her
County Manager'. 0ffI0C'I
Sltnfor Management/Budget Analyst
Dote
Offic:. of Management & Bud~
8/31120051:57 PM
AplJroved By
Mfr:hael Smykowtlkl
County MM.". Office
Mftnagernerrt & Budgot Director
Office of Man.gtllment & Budgmt
Date
6/31120063:07 PM
County Man.ogor
0...
Approved By
J.mes V. Mudd
Board or County
Commissioners
County Mlln.ag.r'1 Office
8/31/20053:36 PM
."'-
,-
Agenda Item No. 16C8
September 13, 2005
Page 1 of 4
EXECUTIVE SUMMARY
Recommendation to approve funds not to exceed $2,500,00 for a public event to
commemorate the fmal completion and commissioning of the South County Water
Reclamation Facility 16 million gallons per day Expansion Project, 73949.
OBJECTIVE: To host a public dedication ceremony to commemorate the final completion of
the South County Water Reclamation Facility (SCWRF) 16-MGD Expansion Project The
public purpose is to promote and engender good will toward the activities, services and project of
the County and to enhance the image of County Government within the community.
CONSIDERATION: Throughout the construction process, the County has engaged
neighboring residents, homeowner and civic groups, and other stakeholders to complete the
Expansion Project in a manner that ensures the facility remain respectful of the needs of abutting
and surrounding neighborhoods for a safe, clean and non-disruptive environment. The County's
good neighbor policy continues to be a number one priority at the SCWRF. This public event is
to commemorate the completion of the Expansion Project, and will be used as a tool to
communicate to project stakeholders and the media, the successful completion of this showcase
facility that will meet the growing demand for wastewater service in the South Service Area for
decades, The event will also serve to reinforce the County's commitment to being a good
neighbor by showcasing neighbor-sensitive construction practices incorporated into the Project
by the Project Delivery Team, including responsible traffic flow management in and out of the
Project facility, responsible road paving and maintenance designed to contain dust, substantial
odor contro~ noise dampening, low nighttime lighting levels, containment of rainfall runoff, and
privacy-enhancing landscape plantings to visually conceal the Project.
The pwpose of the attached Resolution is to approve expenditures to be incurred for the
September 29, 2005, public dedication ceremony to promote and positively influence the
public's perception and acceptance of the SCWRF as a desirable neighbor, Costs may include
rental of a tent, chairs, podium, lectern, easels, and refreshments such as coffee, fruit, Danish
pastries, donuts, utensils, paper products, tablecloths and commemorative tokens for distribution
to the Project Delivery Team and other involved individuals.
FISCAL IMP ACT: Funds in an amount not to exceed $2,500.00 are available in the FY05
budget for Project 73949, included in the FY05 Capital Budget for the Wastewater User Fees
(Fund 414) approved by the Board on September 23,2004.
GROWTH MANAGEMENT IMP ACT: The project is included in and consistent with the
2003 Wastewater Master Plan Update adopted by the Board on May 25, 2004, Agenda Item lOC.
RECOMMENDATION: That the Board of County Commissioners, as the ex-officio Governing Board of the Collier County Water Sewer District, adopt the attached Resolution to
approve these expenditures in an amount not to exceed $2,500.00 and to affirm that these
expenditures serve a valid public pwpose.
PREPARED BY: Margie Hapke, Public Information Coordinator, Public Utilities Division
ttem Number:
It 1m SumrNlry:
MMllng D.:
Agenda Item No, 16GB
September 1~, 2005
Page 2 01 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
lses
Recommendalion 10 apprO\l8 fundi not to excee-d $2,500.00 fOI II public Hllant 10
commttlnorate the final completion end commiaslonlng of the South County Water
Reclamation Flcility 16.MGD Exptm,ion Project, Project 739"9
9/13/20059:00:00 AM
Doll>
Approved By
Thorn" Wide,
Public Utllltie,
OperlltlDn& Director
Public Utilities Operations
819J2005 11:47 AM
Dote
Approved By
William O. MulUn, PE
Public Utllnlel
Prlnoip.1 Project Manager
Public utUltiee. Engineering
81'iJf2005 3:13 PM
Interim WitlteWater Director
0...
819120054:37 PM
Approved B,..
G. GfIorge Yllmaz
Public Utllltln
W....eWater
Project Manager
D...
Appro\'ed B)'
Allcio Abbott, E.l.
Public Utllltlms
Public UUlltlol EnglnlMtling
81912006.4:" PM
0...
Approved B)'
Roy B. Anderton, P.E.
Public Utllltlu
Public;; lJtilhlet Enginoerlng Dirwctor
Public UtIIltin Engine.,.ng
&/12120056:32 AM
Apprond By
James W. DeLony
Publle UUll\ln
Publio Utilltl.. Admlnlltrltor
Dot.
Publle Utillti.. Adminllnratton
8/16/200510:01 AM
OMS Coordinll'lD'
Admjni.trotiv.A..I.~nt
0...
Ar1proved B"
CDunt)l MIlf"I98"& 01'1'10.
Offict:l of Managt'lment & Bud~
8/1612005 3:56 PM
Suun U.h.r
Dote
Approved By
County Mllnager'M- Office
Senior MtmagementlBudpet Analylilt
Offico 0' M.n.gellltlnt & Budget
81171200{i 10:52 AM
Approved B)'
Michael Smykowakl
County Mana9ll'r" Ottloe
MJlnagemon1 & Budget Director
Offlce 01 Menagllmmnt So Budget
Dolo
811812005 15:04 PM
Otl'puty County Man.gor
Do1.
Approved By
LCD E. Ochs, Jr.
Board of County
Commhllionera
County M.llOoger'iIl OffIctl
8123/2005 12:11 '~M
Agenda Item No, 16C8
September 13, 2005
Page 3 of 4
RESOLUTION NO. 2005 - _
A RESOLUTION OF TIlE BOARD OF COUNTY COMMISSIONERS OF
COLLmR COUNTY, FLORIDA, APPROVING THE EXPENDITURE OF
COUNTY FUNDS FOR AN ONSITE PUBLIC EVENT TO COMMEMORATE
THE FINAL COMPLETION AND COMMISSIONING OF THE SOUTH
COUNTY WATER RECLAMATION FACILITY SIXTEEN MILLION
GALLON PER DA Y EXPANSION PROJECT
WHEREAS, the Collier County Water-Sewer District received its notice to proceed
with the final phase of the South County Water Reclamation Facility sixteen million gallons
per day Expansion Project following issuance of its permit from the Florida Department of
Environmental Protection; and
WHEREAS, the Project will enable the plant to handle an eventual maximum-monthly
peak season flow of 16 million gallons per day; which flows may be reached as early as
2014; and
WHEREAS, throughout the construction process, applying the County's good neighbor
policy, the County has engaged neighboring residents, homeowner, civic groups, and other
stakeholders to complete the Expansion Project in a manner that ensures the facility remains
respectful of the needs of abutting and surrounding neighborhoods and to the greatest extent
possible maintains a safe, clean and non-disruptive environment; and
WHEREAS, Collier County Ordinance No. 87-5 allows expenditure of County funds to
enhance County employee productivity, and recognizes that promotion and engendering of
good will toward Collier County is an important factor affecting the pride of County
employees in their work; and
WHEREAS, this event will promote and positively influence the public's perception
and acceptance of the Project, and accomplishment of these goals will benefit the residents of
Collier County by providing more efficient and responsible local government to serve the
needs of the community.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. This public event is to commemorate the completion of this Expansion Project
and to communicate to Project stakeholders and to the media, successful
completion of this showcase facility that for decades will meet the growing
demand for wastewater service in the South Service Area.
2. This public event will also serve to reinforce the County's commitment to being
a good neighbor by showcasing these portions of the Project and the Project
Delivery Team's practices and procedures that result in responsible traffic flow
1
Agenda Item No. 16C8
September 13, 2005
Page 4 of 4
management, road paving and maintenance to maximize containment of dust, to
control odors, to dampen resulting noise levels, to maintain low nighttime
lighting levels, to contain rainfall runoff, and to provide privacy-enhancing
landscape plantings to maximize visual concealment of this Project from
surrounding land.
3. The Board of County Commissioners detennines that these expenditures in an
amount not to exceed $2,500.00 serve a valid public purpose and are approved.
TIllS RESOLUTION ADOPTED AFrER MOTION, SECOND AND MAJORITY
VOTE FA VORlNG ADOPTION THIS 13TH DAY OF SEPTEMBER 2005.
DATED:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
ATTEST:
DWIOm E. BROCK, CLERK
BY:
FRED W. COYLE, CHAIRMAN
BY:
Deputy Clerk
Approved as to form and legal sufficiency.
=-=r9~ ~~~
Thomas C. Palmer,
Assistant County Attorney
2
Agenda Item No. 16C9
September 13, 2005
Page 1 of 50
EXECUTIVE SUMMARY
Recommendation to approve the after-the-fact submittal of the attached Alternative Water
Supply grant application under Senate Bill 444 to the South Florida Water Management District
for each project in Public Utilities Engineering Division's Construction Capital Alternative
Water Supply Program,
OBJECTIVE: To receive after-the-fact approval from the Board of County Commissioners to submit
the Alternative Water Supply Funding grant application under Senate Bill 444 (SB 444) to the South
Florida Water Management District (SFWMD) to fund projects in the Public Utilities Engineering
Division's (PUED) Construction Capital Alternative Water Supply Program.
CONSIDERATIONS:
SB 444 was passed in the 2005 legislative session to provide grant money through the water
management districts. The SFWMD distributed criterion and application forms on August 5, 2005.
The applications are due to SWFMD September 2,2005. The PUED has contracted Camp Dresser &
McKee Inc. (CDM) to submit applications for 17 of the County's projects under the Alternative Water
Supply Program. SFWMD has a total of $36 million to distribute to selected utilities for projects in a
40 percent match (the utility provides the remaining 60 percent of funding). The program operates on
a reimbursement basis, with invoicing dates April I, 2006 and August I, 2006. The selection of
projects to receive grant funding will occur at the Water Resources Advisory Committee of the
SFWMD Meeting on October 6,2005.
,"'-
The main criteria of the selection process are that entire project or a project phase will be constructed
by August 1,2006. The project must fit the requirements of being an alternative water supply project,
i.e. sea water, brackish water, reclaimed water. Only construction costs will be reimbursed, there is no
funding for permitting, design, or engineering services.
The grants applications were reviewed by the Grants Coordinator for concurrency.
The scheduled activities pertaining to the submission of these grant applications have or will have
occurred. The dates of the activities are outlined below:
August 5, 2005
August 8 - 30, 2005
August 30, 2005
September 1, 2005
September 2, 2005
Kick-off meeting with CDM; Attended SFWMD workshop
Completed Applications
County Manager approval and signing of applications
Submit applications to SFWMD
Deadline for submittal of applications
Attached Table A contains candidate projects, descriptions, the construction costs associated with the
projects and the amounts eligible for funding.
FISCAL IMPACT: The SFWMD has $36 million available to distribute to 16 counties that fall
,- within their jurisdiction. The best case scenario for receipt of the maximum available funding would
be $14.5 million and the remaining 60 percent match ($21.8 million) would be the responsibility of the
County. The 60 percent can be comprised of other federal, state, or local funds.
-
Agenda Item No. 16C9
September 13, 2005
Page 2 of 50
GROWTH MANAGEMENT IMPACT: The numbered projects in Table A are those listed as part
of the capital potable water projects in the Growth Management Plan (Capital Improvement Element
20). In addition the Pelican Bay Waste Water Treatment Plant Decommissioning and Conversion to
Reclaimed Water Storage and Repump is listed in CIE 22 as a capital sewer project in the Growth
Management Plan.
In addition the alternative water supply projects are in congruency with Objective 1.1 of the Potable
Water Sub-Element of the Growth Management Plan, "The County will locate and develop potable
water supply sources to meet the future needs of the County owned and operated systems, said supply
sources meeting the minimum Level of Service Standards established by this Plan." All of the water
projects identified in the attached table are to ensure adequate supply for future demand.
Objective 1.4 in the Wastewater Sub-element of the Growth Management Plan states, "The County
will continue to promote the use of treated wastewater effluent for irrigation purposes in order to
provide an environmentally sound disposal method and to conserve potable water and groundwater
supplies by developing and implementing an integrated, comprehensive strategy for the following
Policies." All of the reclaimed water projects that have been identified in the attached table have the
common goal to provide additional reclaimed water storage, and in-turn, additional reclaimed water
service to the County's utility customers. These projects will both minimize environmental impacts
through the minimization of disposal as well as supply an alternate source to potable water.
RECOMMENDATION: That the Board of County Commissioners, as Ex-officio the Governing
Board of the Collier County Water-Sewer District provide after-the-fact approval to submit the
Alternative Water Supply grant applications under Senate Bill 444 to the South Florida Water
Management District to fund the each individual project in Public Utilities Engineering Division's
Construction Capital Improvement Projects for the Alternative Water Supply Program.
PREPARED BY: Richard Cannyn, PMP, Project Manager for Public Utilities Engineering Division
of Collier County.
2
Item Number:
Item &umrr.ry:
Moetlng D.:
Agenda Item No 16C9
September 13. 2005
Page 3 of 50
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16C9
Recommendation to approve thee after.,the-facf lIubmfttal of the .tter.hftd Allernal:lve VV'lItflr
Supply grant application under Senele BIll 444 to the South FlorIda Waler Management
Di8trJct for each project In Public Utilities Engineering Divillionc. Constnlctton Capital
Alternati.....e Water SuPI)ly Program.
9113120059:00:00 AM
Date
Prop.red By
Richard Cannyn
Public UtlUtlCl
ProjlLlct ~n.~r
Public UtUltkl. EnglOfKtrl~
8/111200510;08:09 AM
Oate
Approved By
Steve CarOl!lIl
AdIYllnictr.tivll'fi<<lo'vlool
Purcluiia;ingltkneral 5vc$ Director
Purchasing
112612005 9:56 AM
MarkllnC!l J. Foord
Grant>> Coordinator
0...
8/2612005 3;37 PM
Approved Bj'
Adminltirftivf1 5.".....lc..
AdmlnlatratJyo SorviCtllll Admin
^IJproved B"
William D. Mullin, PE
Public Utllitleli
Principal Projelct Man.g.r
o.te
Publio Utllttlee Engineering
81iQl2005 8:28 AM
Wmr Director
Dote
Apprond By
Paul Mlllttauach
Public UlI1ttles
Water
a12912005 6:31 PM
OperaUon. Oh(tCtor
O.te
Approved By
Tnotnlla Wide.
Public utllltleM
PubUc UtlHtln Operatlon5
8130/.200511:58 AM
Public UUIIHc>> Engll"lllMtrlng Director
0".
Appro\'ed B)'
Roy e. Anderson, P.E.
Public UtllitlOt:
Public UtUltle. E"g'ln~rlng
8/:)0/2:00& 4:51 PM
Public Utilities Admlnl'trltQr
Oat.
Approved By
James W. DeLony
Public Utilities
Public Utillti.. Admlnl<<tr.tlon
&/31120068:33 AM
Adminlatrat!v& A5si..nt
0...
Approved By
OMS Coordinator
CDunty Manager's Offioe
OffIce or Marcagllmttnt & Budget
6131(200510:23 AM
SenIor Man.gomontf9udget Analyst
Ollte
Apllroved By
Sunn Usher
County MM.ger's Offioe
Office Q1 Management & Budget
91G/ZD05 12:46 PM
Management &. Budget Director
0...
Appro"cd By
MIchael Smvkow5k~
County ManagDr's Office
Offloo 01 ManGlgomlllnt" Budget
91'6/20052:22 I'M
County Manager
Dote
Approved By
Jam,,!! V, Mudd
Board of County
Cumrni.sioner&.
County MlInagl!Jf'" Offioe
9161'20054:33 PM
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Administrative Services Division
Collier County Government Center
3301 East Tamiami Trail
Naples, Florida 34112
marlenefoord@collien?:ov,net
(239) 774-8971
(239) 774.8720 (fax)
Agenda Item No. 16C9
September 13, 2005
Page 5 of 50
CC: Richard Cannyn, Project Manager, PUED
Count,t Mapag,;!:.
~~/f.2.!, (date)
After-the-Fact Approval by the BCC is
reql1ired at the Seotember 13.2005 BCC
meeting.
TO: Jim Mudd, County Manager
FROM:
Marlene Foord, Grants Coordinator
DATE:
August 29,2005
SUBJECT: County Manager Approval of Public Utilities Applications to South Florida Water
Management District for SB 444 Funding/Alternative Water Supply Funding'Program
On June 24th, the Governor authorized a new program (Senate Bill 444) to provide grant money
through the water management districts. Following authorization of the new program, the South
Florida Water Management District (SFWMD) notified Collier County thallhe three Alternative Water
Supply grants submitted in April were rejected because the criteria for the program was expected to
change significantly,
The new criteria was subsequently distributed on August 5, 2005 and applications are due to SWFMD
September 2, 2005. As a result of the quick turnaround time and the lack of an August meeting, Public
Utilities Engineering was not able to submit the applications to the Board of County Commissioners
for approval prior to submittal. Therefore, your review and approval is requested and after-the-fact
approval will be requested of the Board of County Commissioners during the September 13th meeting.
Your signature is required on the Acknowledge Page (lust page of each package), which also requires
that your signature be notarized. Mary Beck of Administrative Services and Lori OHvier of Public
Utilities Engineering have both offered to serve as notary for these pages.
Once you have reviewed and signed all applications, please sign and date in the box above and
call Richard Cannyn at 530-6278 or myself at 774.8971 for pickup,
Please let me know if you have any questions,
Agenda Item No. 16C9
September 13, 2005
Collier Counly Pubfic UtiJ~ge 6 of 50
Davis Boulevard to Radio Road Reclnimed Water Main
South Florida Water Management District
FY 2006 Alternative Water Supply Funding Program
ACKNOWLEDGEMENT
Before me, the undersigned authority, personally a~a~.
("Authorized Representative of the project owner) this da
being duly sworn, as required by law. hereby acknowledges:
1) The statements contained in this project information package are true. correct and complete to the best
of hisJher knowledge and that the undersigned has the authority from the project owner to make the
representations contained herein.
2) The undersigned represents that the described phase of this construction project will be completed on
or before August 1, 2006.
3) The undersigned represents that the project owner intends to begin construction of the alternative
water supply project by this ~\~ day of r:Lbrdar:) , in the year :2.005 ,
4) The undersigned represents that the project owner understands the alternative water supply project
must be completed and invoiced by August 1, 2006 and further understands that if construction is not
completed by August 1, 2006, the South Florida Water Management District reserves the right to
rescind alterna~ water supply funding for fiscal year 2006.
STATEOF J~
COUNTY OF &~
~ \/ ;!1ut/..P
Print Name
1T ~
SWORN TO and subscribed before me 3lJ day of , 2005.
Such person(s) (Notary Public must check applicable box):
lfJ.ls;are personally known to me,
r j produced a current driver Iicense(s).
[ ] produced as identification:
~ C~
~ Public
(NOTARY PUBLIC SEAL)
Page 10 of 10
Agenda Item No. 16C9
September 13, 2005
Collier Coun!y Pubrlt Ullllfirtlge 7 of 50
12'" AvcnucTlIIllIsmllnlcrconncol
South Florida Water Management District
FY 2006 Alternative Water Supply Funding Program
ACKNOWLEDGEMENT
Beta", me, the undersigned authority, personelly ~d, ~~ htu i.J.. .
("Authorized Representative of the project owner) this .d. ..' . 2005. who,flrat
being duly sworn. as required by law, hereby acknowledges:
1) The statements contained in this project Information package are true, correct and complete to the best
of his/her knowledge and that the undersigned has the authority from the project owner to make the
representations oontained herein.
2) The undersigned represents that the desoribed phase of this oonstruotion project will be oompleted on
or before August 1, 2006,
3) The undersigned represents that th. prolect owner Intends tob$gln construction Qf the a1tematlve
watersupply project by this l~ day of A~~~~ I in the year ~5 ,
4) The undersigned represents that the project owner understands the alternative water supply project
must be completed and Invoiced by August 1, 2006 and further understands that if construction Is not
completed by August 1, 2006. the South Florida Water Management District reserves the right to
rescind alternative water supply funding for fiscal year 2006.
STATE OF dk;jJ~
COUNTYOF ~j~....v
~
~...t:.$ v.' ,Ai t.l.l?Y
Print Name
SWORN TO end subscribed before me.;3.:) ~ day ~, 2005.
~Ch person(s) (Notary. Public must check applloable box):
slare personally known to me.
1 produced a current driver license(s).
[l produced as identification:
~~'~
.. N9 Pub~
(NOTARY PUBLIC SEAL)
Page 11 of 11
Agenda Item No. 16C9
September 13, 2005
Collier County Public Uti~e 8 of 50
Soutn East Regional Water Treatment Plllnt (SBRWfP)
Wellfield Study, Land Acquisition, and Construction
South Florida Water Management District
FY 2006 Alternative Water Supply Funding Program
ACKNOWLEDGEMENT
Before me, the undersigned authority, personally appeared,
("Authorized Representative of the project owner) this 3i!l"tf d
being duly sworn, as required by law, hereby acknowledges:
1) The statements contained in this project information package are true, correct and complete to the best
of hlslher knowledge and that the undersigned has the authority from the project owner to make the
representations contained herein.
2) The undersigned represents that the described phase of this construction project will be completed on
or before August 1, 2006,
3) The undersigned represents t~t the project owner intends to begin construction of the alternative
water supply project by this \ day of . 'x:,..,..uo.y ,in the year 2.bl~ .
4) The undersigned represents that the project owner understands the alternative water supply project
must be completed and invoiced by August 1, 2006 and further understands that if construction is not
completed by August 1, 2006, the South Florida Water Management District reserves the right to
rescind alternative water supply funding for fiscal year 2006.
STATE OF ~-/ ~ f)-LJ
COUNTVOF ~
~e~ l/.' /fj(..( v,?/
Print Name
u ~
SWORN TO and ,ubsoribod before mo ,:'It> day of ,.,. if a.....I,'" 2005.
Such person{s) (Notary Public must check applicable box):
WJs/are personally known to me.
t j produced a current driver license(s).
[ ] produced as Identification:
(NOTARY PUBLIC SEAL)
)X ? 4;~
~ Public
Page 11 of 11
Agenda Item No. 16C9
. Seotember 13, 2005
ColberCounty Public Utih~~ e 9 of 50
North EllSt Regional Water Trelltment Pllnt (NERWTP) Construcilon 9
South Florida Water Management District
FY 2006 Alternative Water Supply Funding Program
ACKNOWLEDGEMENT
Before me, the undersigned authority, personally ~~ed,
("Authorized Representative of the project owner) this d
being duly sworn, as required by law, hereby acknowledges:
1) The statements contained in this project information pacl<age are true, oorrect and complete to the best
of hislher knowledge and that the undersigned has the authority from the project owner to make the
representations contained herein.
2) The undersigned represents that the described phase of this construction project will be completed on
or before August 1, 2006.
3) The undersigned represents that the project owner Intends to begin construction of the alternative
water supply project by this \~"IP day of j~\, , in the year ~OO~,
4) The undersigned represents that the project owner understands the alternative water supply project
must be completed and Invoiced by August 1, 2006 and further understands that If construction Is not
completed by August 1, 2006, the South Florida Water Management District reserves the right to
rescind alternative water supply funding for fiscal year 2006.
STATEOF dt.l~~~j
/b. /111' \
COUNTY OF ~
-,/
~"""?!4':50
Print Name
V "<tU'l/~
t ~
SWORN TO and subscribed before me ~tJ day 0 , 2005.
Such person(s) (Notary Public must check applicable box)'
~is/are personally known to me.
[ I produced a current driver Iicense(s).
[ J produced as identification:
~,\""~Wil'"" MAIN E. BECK
I,t ~~\ Notary Public . State of Florida
{. · : '~Mr'CammIIlIanElqWs~22,2IDl
~~ ;/{i Commlallon" 00302690
" I ':lb~'" IIondedtvNallonaINotaryAlln.
~?k.l-
. N y Public
(NOTARY PUBLIC SEAL)
Page 11 of 11
Agenda Item No. 16C9
September 13, 2005
Collier Couoty Public U~5e 1 0 of 50
South County Regional Water Treatment Plant (SCR W'l'Pj
12-MGD Revmc Osmosis Expansion
South Florida Water Management District
FY 2006 Alternative Water Supply Funding Program
ACKNOWLEDGEMENT
Before me, the undersigned authority, personally appea~,'
("Authorized Representative of the project owner) this ~ d ~
being duly sworn, as required by law, hereby acknowledges:
1) The statements contained in this project information paokage are true, oorrect and complete to the best
of hislher knowledge and that the undersigned has the authority from the project owner to make the
representations contained herein.
2) The undersigned represents that the described phase of this construction project will be completed on
or before August 1, 2006.
3) The undersigned represents that the project owner intends to begin construction of the alternative
water supply project by this ':}1le- day of ~< ,in the year J-t:6!5 .
4) The undersigned represents that the project owner understands the alternative water supply project
must be completed and invoiced by August 1, 2006 and further understands that if construction is not
completed by August 1. 2006, the South Florida Water Management District reserves the right to
rescind alternative water supply funding for fiscal year 2006.
STATEOF dk;i." ~
COUNTY OF (?,/b~~
Q,~~~
~~.,~
Print Name
1I ~"(..a7<.?
SWORN TO and subscribed before me SP'~e W day Of~ 2005.
Such person(s) (Notary Public must check applicable bOXO
Ws/are personally known to me.
n produced a current driver license(s).
[ ] produced as identification:
(NOTARY PUBLIC SEAL)
~~~/
"..\~:J.!~"'~"'''~ MARY E~ BECK
~." t.... Notary PublIc. Slale 01 Florida
[,. :'\~~22.2CD
\~~ ~l Commllllon II OD30269O
"tT" .:.,~'" IondIcl BvNallonal NoIarvAlln.
Page 12 of 12
Agenda Item No. 16C9
September 13, 2005
Collier County PubliC Uti~e 11 of 50
North County Regional Water Treatment Plant (NCRWfP'j
New Hawthorn Zone 1 and Lower Hawthorn
South Florida Water Management District
FY 2006 Alternative Water Supply Funding Program
ACKNOWLEDGEMENT
Before me, the undersigned authority, personally ~ar:.ed,
("Authorized Representative of the project owner) this 4
being duly sworn, as required by law, hereby acknowledges: 0
1) The statements contained In this project Information package are true, correct and complete to the best
of his/her knowledge and that the undersigned has the authority from the project owner to make the
representations contained herein.
2) The undersigned represents that the described phase of this construction project will be completed on
or before August 1, 2006.
3) The undersigned represents flat the project owner intends to begin construction of the alternative
water supply project by this 1-+ dayofl\ .w,e..N..C1r. In the year ~OO~ .
4) The undersigned represents that the project owner understands the alternative water supply project
must be completed and Invoiced by August 1. 2006 and further understands that jf construction is not
completed by August 1. 2006, the South Florida Water Management District reserves the right to
rescind alternative water supply funding for fiscal year 2006,
STATEOF d~
COUNTY OF t?~
~e-s ..; At ~.t.V
PrInt Name
'It ~
SWORN TO and subscribed before me ~tJ day of I 2005.
Such person(s) (Notary Public must check applicable box):
~Is/are personally known to me,
[] produced a current driver Iicense(s).
[ ] produced as identification:
2~pu~ k-v
(NOTARY PUBLIC SEAL)
Page 11 of 11
Agenda Item No. 16C9
September 13, 2005
Collier County Public UGlIIige 12 of 50
North County Regional Water Treatment Plant (NCRWfP)
HI gll Pressure RO Construction
South Florida Water Management District
FV 2006 Alternative Water Supply Funding Program
ACKNOWLEDGEMENT
Before me, the undersigned authority, personally appeattd,
("Authorized Representative of the project owner) this 3"
being duly sworn, as required by law, hereby acknowledges:
1) The statements contained in this project information package are true, correct and complete to the best
of his/her knowledge and that the undersigned has the authority from the project owner to make the
representations contained herein.
2) The undersigned represents that the described phase of this construction project wlll be completed on
or before August 1, 2006.
3) The undersigned represents that the project owner intends to begin construction of the alternative
water supply project by this (p~ day of Oe\-o\Dll'i' . in the year "Z.J:Jo~.
4) The undersigned represents that the project owner understands the alternative water supply project
must be completed and invoiced by August 1. 2006 and further understands that if construction is not
completed by August 1, 2006, the South Florida Water Management District reserves the right to
rescind altern~~ water. s~ply funding for fiscal year 2006.
STATEOF~
COUNTY OF ~ t ~~.J.J
~.!!'S V Atvvv
Print Name
It'~
SWORN TO and subscribed before me 3lJ day of , 2005.
~}Jch person(s) (Notary Public must check applicable box):
Ws/are personally known to me.
l] produced a current driver Iicense(s).
l ] produced as identification:
(NOTARY PUBLIC SEAL)
~~b~
,...~:.;!~I~""" MARY E. BfCK
l~. ~~\ Notary PublIc . Stale or FIo....-
.. . "lA, 'IUU
~~ ~' .g'.'1Cot..l......I&,:liIes~22. 2aJl
.,....~ .. ~i' Commission if 00302690
· .". IondedlyNalionalNolarvAlln.
Page 11 of 11
Agenda Item No. 16C9
September 13, 2005
. Collier County Public U~!fe 1 3 of 50
Hawlhom Zone 1 Well Nos. RO,114N, RQ..IISN, and RO-116N
South Florida Water Management District
FY 2006 Alternative Water Supply Funding Program
ACKNOWLEDGEMENT
Before me, the undersigned authority, personally ~~~d, .
("Authorized Representative of the project owner) this day f
being duly sworn, as required by law. hereby acknowledges:
1) The statements contained In this project information package are true, correct and complete to the best
of hislher knowledge and that the undersigned has the authority from the project owner to make the
representations contained herein.
2) The undersigned represents that the descrIbed phase of this construction project wlll be completed on
or before August 1, 2006.
3) The undersigned represents that the project owner Intends to begin construction of the alternative
water supply project by this 11th. day of ~':3t ~ ,in the year ";)..005'.
4) The undersigned represents that the project owner understands the alternative water supply project
must be completed and invoiced by August 1, 2006 and further understands that if construction Is not
completed by August 1, 2006, the South Florida Water Management District reserves the right to
rescind alternative water supply funding for fiscal year 2006.
STATEOF d~
COUNTY OF ~
;;;;ilfA'~ \!. It'! uvO
Print Name
SWORN TO and subscrlbod boforo mo .J" tL doy of ~ 2005.
Such person(s) (Notary Public must check applicable box):
D4. is/are personally known to me.
l] produced a current driver Iicense(s).
[ ] produced as Identification:
.' t'''~'.I'''", MARY E. BECK
'" ~\~ ~Ic . state Of. FlorIdo
, '~&pNa/4:X22.2OJI
"tJ CclrnMIIIlon , 00302690
!:ll IondidlyNalc:lnaC NobyAlln,
~!~
ary Public
(NOTARY PUBLIC SEAL)
Page 12 of 12
Agenda Item No. 16C9
September 13, 2005
Collier County Public Utpl~e 14 of 50
Nonh Bast Regional Waler Treatment Plant (NER WTP1
Wellfield Bxpansion
South Florida Water Management District
FY 2006 Alternative Water Supply Funding Program
ACKNOWLEDGEMENT
Before me, the undersigned authority, personally appe~d,
("Authorized Representative of the project owner) this f3t; da 0
being duly sworn, as required by Jaw, hereby acknowledges:
1) The statements contained In this project information package are true, correct and complete to the best
of his/her knowledge and that the undersigned has the authority from the project owner to make the
representations contained herein.
2) The undersigned represents that the described phase of this construction project will be completed on
or before August 1, 2006.
3) The undersigned represents that the project owner intends to begin construction of the alternative
water supply project by this q~ day of ~?,"', I , in the year ~oo(, .
4) The undersigned represents that the project owner understands the alternative water supply project
must be completed and invoiced by August 1, 2006 and further understands that jf construction is not
completed by August 1, 2006, the South Florida Water Management District reserves the right to
rescind alternative water supply funding for fiscal year 2006.
STATE OF Jk~
COUNTY OF ~
U~
~..:S
Print Name
1/
.J<~u'v~
rt ~
SWORN TO and subscribed before me ca tJ day 0 . 2005.
Such person(s) (Notary Public must check applicable box)
f)4.islare personally known to me.
[ ] produced a current driver Iicense(s).
[ J produced as identification:
(NOTARV PUBLIC SEAL) ~3 <t/&eL
o ry Public
"":i!!'~",,, MARy E SECK
I'JJ~ '" Nota .
:. . .\u _ ty Public . Slate 0' Florida
l:I · rnrCt:lrnrnattn~~22 2tnI
~'! ~~ Commlaslon (I D0302690
I, 1~"IlondedIy___
'--.-IUI NotOlV Alan.
Page 11 of 11
Agenda Item No. 16C9
September 13, 2005
Collier County Public U~e 15 of 50
Hawthorn Zone I Wells NO$. RO. I 0 I N and RO- i o~
South Florida Water Management District
FY 2006 Alternative Water Supply Funding Program
ACKNOWLEDGEMENT
Before me, the undersigned authority, personally a';~d,
("Authorized Representative of the project owner) this
being duly sworn, as required by law, hereby acknowledges:
1) The statements contained In this project Information package are true, correct and complete to the best
of hlslher knowledge and that the undersigned has the authority from the project owner to make the
. representations contained herein.
2) The undersigned represents that the described phase of this construction project will be completed on
or before August 1, 2006.
3) The undersigned represents that the project owner intends to begin construction of the alternative
water supply project by this ,"\~ day of f(\a.~ ,in the year f).ooS .
4) The undersigned represents that the project owner understands the alternative water supply project
must be completed and invoiced by August 1, 2006 and further understands that If construction is not
completed by August 1, 2006, the South Florida Water Management District reserves the right to
rescind alternative water supply funding for fiscal year 2006,
STATE OF d~
COUNTY OF t!~
<=2~
~...-7~~
Print Name
\!
4uvv
SWORN TO and subscribed before me :3t; tt. day Of~, 2005.
Such person(s) (Notary Public must check applicable bOX)()
~ is/are personally known to me.
l] produced a current driver license(s).
[ ] produced as Identification:
-
71:;Jll~
(NOTARY PUBLIC SEAL)
~~'''~~".~ MARY E. BECK
/~m~~ Notary PublIc . Stale of Florldo
\: ,'iM(Ccr..'*'IoItetphJsApr22.2lnI
,'~ ~i CommlUlon fI 00302090
, ", ",~,<, IondIdIyNallonalNotarvAa.sn.
Page 10 of 10
Agenda Item No. 16C9
September 13, 2005
Collier County Public Ulpl~e 16 of 50
Manu lee Road ASR Bxpansion
South Florida Water Management District
FY 2006 Alternative Water Supply Funding Program
ACKNOWLEDGEMENT
Before me, the undersigned authority, personally a~atBd,
("Authorized Representative of the project owner) this '4 d
being duly sworn, as required by law, hereby acknowledges:
1) The statements contained in this project information package are true, correct and complete to the best
of his/her knowledge and that the undersigned has the authority from the project owner to make the
representations contained herein.
2) The undersigned represents that the described phase of this construction project will be completed on
or before August 1, 2006.
3} The undersigned represents that the project owner intends to begin construction of the alternative
water supply project by this \ g. day of.) l.J\'~ ' in the year ?C(')~.
4) The undersigned represents that the project owner understands the alternative water supply project
must be completed and invoiced by August 1, 2006 and further understands that if construction is not
completed by August 1, 2006, the South Florida Water Management District reserves the right to
rescind alternative wate~ s}?ply funding for fiscal year 2006.
STATE OF J~~
COUNTYOF ~Jj)~
~,...,.tff$
Print Name
V A'rt-t:vV
SWORN TO and subscribed before me ~ lJ 6. day Of~2005.
Such person(s) (Notary Public must check applicable bOXO
Ws/are personally known to me.
n produced a current driver Iicense(s).
[ ] produced as identification:
(NOTARY PUBLIC SEAL)
/1.LtrE~
No Public
,..lIN',., MARY e, BECK
t~m'\~Y p~;. Notary Public. Slaleor ftondo
~.: : 'gM,oCol,.,IIaIo..&pesApr22.2a
\1", .,jJf.>"l Commission" 00302690
"'/i..,,~~'" Ilonded IyNallonat NoIary Alan.
Page 11 of 11
Agenda Item No. 16C9
Seotember 13, 2005
Collier County Publlc Ul~e 1 7 of 50
Lower Hawtbom Wells Nos. RO-IBN, RO-19N. and RO~2~
South Florida Water Management District
FY 2006 Alternative Water Supply Funding Program
ACKNOWLEDGEMENT
Before me, the undersigned authority, personally ~;ated, .
("Authorized Representatlve of the project owner) this l:.o d y,f
being duly sworn, as required by law, hereby acknowledges:
1) The statements contained in this project Information package are true, correct and complete to the best
of hlslher knowledge and that the undersigned has the authority from the project owner to make the
representations contained herein.
2) The undersigned represents that the described phase of this construction project will be completed on
or before August 1, 2006.
3) The undersigned represents that the project owner Intends to begin construction of the alternative
water supply project by this \51" day of Sa~P( ,in the year , f"n[; .
4) The undersigned represents that the project owner understands the alternative water supply project
must be completed and Invoiced by August 1, 2006 and further understands that if construction is not
completed by August 1. 2006, the South Florida Water Management District reserves the right to
rescind alternative water supply funding for fiscal year 2006.
STATE OF J'~;~
COUNTY OF ~~
_ -W- :t~':> V ~t< VV
Print Name
*" ~
SWORN TO and subscribed before me ~ 0 day of , 2005.
Such person(s) (Notary Public must check applicable box):
r>{is/are personally known to me.
n produced a current driver Iicense(s).
[ 1 produced as identification:
~~!dUL
No ry Public
(NOTARY PUBLIC SEAL)
Page 11 of 11
Agenda Item No. 16C9
. Seotemoer 13 2005
Collier CountyPubllc Ut~.i. 18 f
Hawthorn Zone I Wells Nos. RO-I09N and Ro-I I~e 0 50
South Florida Water Management District
FY 2006 Alternative Water Supply Funding Program
ACKNOWLEDGEMENT
Before me, the undersigned authority, personally a'3e~~,
("Authorized Representative of the project owner) this da
being duly sworn, as required by law, hereby acknowledges:
1) The statements contained in this project information package are true, correct and complete to the best
of his/her knowledge and that the undersigned has the authority from the project owner to make the
representations contained herein.
2) The undersigned represents that the described phase of this construction project will be completed on
or before August 1, 2006.
3) The undersigned represents that the project owner intends to begin construction of the alternative
water supply project by this ~ ~.!:),. day of Fe.b r v.c~. in the year ~ 00'1- .
4) The undersigned represents that the project owner understands the alternative water supply project
must be completed and invoiced by August 1, 2006 and further understands that if construction is not
completed by August 1, 2006, the South Florida Water Management District reserves the right to
rescind alternati e water supply funding for fiscal year 2006.
STATE OF
COUNTY OF
~:=. v' .;tyc;n,;?~
Print Name
SWORN TO and subscribed before me 364 day Of~, 2005.
mCh person(s) (Notary Public must check applicable bOX~
is/are personally known to me.
1 produced a current driver license(s).
[ ] produced as identification:
(NOTARY PUBLIC SEAL)
)~~ /~
No Public
...\~~~~I~~~/," MARY E. BECK
t~.. Notary Public . Slale of Florida
:' . : . iMyCotnrnll.lmElq::iielArv22, ..........
';~ , 41: 'iti "..,. 6WUV
"'-{X..... 'ft...~~ Commwlon # 00302690
"/itl'\' Ionc:Ied Iv NatqlCJI Nok:rv Alan.
Page 11 of 11
Agenda Item No. 16C9
September 13, 2005
Collier Counly Public UfliSEfe 19 of 50
NCRWI'PWclls Nos. RO-I18N, RO-1l9N, and RO-120N
South Florida Water Management District
FY 2006 Alternative Water Supply Funding Program
ACKNOWLEDGEMENT
Before me, the undersigned authority, personally a~~d,
("Authorized Representative of the project owner> this day
being duly sworn, as required by law, hereby acknowledges:
1) The statements contained in this project information package are true, correct and oomplete to the best
of his/her knowledge and that the undersigned has the authority from the project owner to make the
representations contained herein.
2) The undersigned represents that the desoribed phase of this construction project will be completed on
or before August 1 , 2006.
3) The undersigned represents th\l~ the project owner intends to begin construction of the alternative
water supply project by this ~~ day of ~t'u ~ ,in the year 2.CO":j.. .
4) The undersigned represents that the project owner understands the alternative water supply project
must be completed and invoiced by August 1, 2006 and further understands that If construction is not
completed by August 1, 2006, the South Florida Water Management District reserves the right to
rescind alternative water upply funding for fiscal year 2006.
STATE OF
COUNTY OF
.:;;;r;;.",.t!..::> v',I'\'r lot' G2P
Print Name
SWORN TO and subscribed before me ;5ll ~ dsy Of~~ 2005.
Such person(s) (Notary Publio must check applicable box):
blis/are personally known to me.
n produced a current driver Iicense(s).
{ J produced as identification:
(NOTARY PUBLIC SEAL)
~!kL
No }l ublic
,,'~~'J"", MARY e. SECK
l~~ ~\ Notary PubIlc . Stale of FIo,rcta
t. : . i~f.l<<*es~22.2cm
'O~1. eommlallon # 00302690
", I Iondtd IV NallonaI Noby AIIn.
Page 12 of 12
Agenda Item No. 16C9
C Iii C seD.t~er 13, 2005
o cr oun ty "Pulllic
South County Regional WatcrTrealment Plant (SCRWI'P) Wellfield Exp ~\iB 20 of 50
South Florida Water Management District
FY 2006 Alternative Water Supply Funding Program
ACKNOWLEDGEMENT
Before me, the undersigned authority, personally appeared,
("Authorized Representative of the project owner) this 3~ tr d
being duly sworn, as required by law, hereby acknowledges:
1) The statements contained In this project information package are true, correct and complete to the best
of his/her knowledge and that the undersigned has the authority from the project owner to make the
representations contained herein.
2) The undersigned represents that the described phase of this construction project will be completed on
or before August 1, 2006.
3) The undersigned represents that the project owner intends to begin construction of the alternative
water supply project by this L~ day of ~\'\......nr~ ,in the year .,:)..oor.:. .
4) The undersigned represents that the project owner understands the alternative water supply project
must be completed and invoiced by August 1, 2006 and further understands that if construction is not
completed by August 1, 2006, the South Florida Water Management District reserves the right to
rescind alternative water supply funding for fiscal year 2006.
STATEOF J~
COUNTY OF ~J)jJ~
Or~~
By: Project Owner's Representative
~"...".t:..~
Print Name
v
~Jl/t/~
SWORN TO and subscribed before me J,LJ f:J day o~ ~ 2005.
Such person(s) (Notary Public must check applicable bO~
).4is/are personally known to me.
[ ] produced a current driver Iicense(s).
[ ] produced as identification:
~p~kd
(NOTARY PUBLIC SEAL)
"""~""" MARY E. BECK
" O!! ~ NoIafy PubIk: . Stale of florlC)()
.IMfOlnililllb ,flq:JBAp'22.2W3
Commb6lon # 00302690
Iondtd Iv NaIlonaI NoIafy Assn.
Page 11 of 11
Agenda Item No. 16C9
SeRtember 13, 2005
Collier County PuBlic: Ufli5 21 of 50
Pelican Bay WWTP COIIvenion to Rcc:laimiilr
Walet Storage and Repump Phase [
South Florida Water Management District
FY 2006 Alternative Water Supply Funding Program
ACKNOWLEDGEMENT
Before me, the undersigned authority, personally a~arf1.'
("Authorized Representative of the project owner) this a 0
being duly sworn, as required by law, hereby acknowledges:
1) The statements contaIned in this project information package are true, correct and complete to the best
of his/her knowledge and that the undersigned has the authority from the project owner to make the
representations contained heretn.
2) The undersigned represents that the described phase of this construction project will be completed on
or before August 1, 2006.
3) The undersigned represents ~t the project owner Intends to bagin construction of the alternative
water supply project by this ..2 day of \)a.c. e~/ I in the year ~5.
4) The undersigned represents that the project owner understands the alternative water supply project
must be completed and invoiced by August 1, 2006 and further understands that if construction is not
completed by August 1, 2006, the South Florida Water Management District reserves the right to
rescind alternative water supply funding for fiscal year 2006.
STATE OF .. .J~~
COUNTY OF -~
r2 _~ ~~/ ~e.s V .At/AOC;>
""----- ~ect Owner's Repre~t~ Print Name
SWORN TO and subscribed before me 30 ~ day o~ 2005.
~ch person(s) (Notary Public must check apprlCable ooV
is/are personally known to me.
[ produced a current driver license(s).
[ 1 produced as Identification:
(NOTARY PUBLIC SEAL)
)2g:t~
MAllY E. BECK
~NotaIy NJIIc . State o. Florida
'. _~22.2a::l8
CornmlIIIon , DOS02690
"'~ 1ondM., NaIclnaI NoIalyAlln.
Page 11 of 11
Agenda Item No. 16C9
C Iii C SeDt~b.er 13, 2005
o cr ounl,Y "PiJl1Jjc I!!I~"" 22 f 50
Reclaimed Wate fi:.S'tf' 0
South Florida Water Management District
FY 2006 Alternative Water Supply Funding Program
ACKNOWLEDGEMENT
Before me, the undersigned authority, personally 2G~rfld,
("Authorized Representative of the project owner) this c:t.
being duly sworn, as required by law, hereby acknowledges:
Ji,~,
2005, who. first
1) The statements contained in this project Information package are true, correct and complete to the best
of hislher knowledge and that the undersigned has the authority from the project owner to make the
representations contained herein.
2) The undersigned represents that the described phase of this construction project will be completed on
or before August 1, 2006.
3) The undersigned represents that the project owner intends to begin construction of the alternative
water supply project by this \ ~ day of .)a^"'6~ I in the year .::looc.. .
4) The undersigned represents that the project owner understands the alternative water supply project
must be completed and invoiced by August 1, 2006 and further understands that if construction is not
completed by August 1, 2006, the South Florida Water Management District reserves the right to
rescind alternative water supply funding for fiscal year 2006.
STATE OF ~.l-,:f-<<-.J
COUNTY OF r! d a ';'.JaJ
~~~ ~ /rIt"".J..>Y
Print Name
SWORN TO and subscribed before me ,3" t- day o~ 2005.
MCh person(s) (Notary Public must check applicable box):
Is/are personally known to me,
J produced a current driver Iicense(s).
[) produced as identification:
)~0~
No Public
(NOTARY PUBLIC SEAL)
~. lU~lJ'", MARY E. BECK
"" \ NofaIy P\I:JlIc: . Stal. 01 FIOfldo
: . ~CQ,'.'''';~22.2alI
i# Commllllon II 00302690
IondIdIvNalanal NobyAlln.
Page 12 of 12
Agenda Item No. 16C9
Seo.tember 13, 2005
. Collier County Public U~Fte 23 of 50
Reclaimed Wiler Booster ?limp s'tlllton
South Florida Water Management District
FY 2006 Alternative Water Supply Funding Program
ACKNOWLEDGEMENT
Before me, the undersigned authority, personally ~ated,
("Authorized Representative of the project owner> this re- d
being duly sworn, as required by law, hereby acknowledges:
1) The statements contained in this project information package are true, correct and complete to the best
of hislher knowledge and that the undersigned has the authority from the project owner to make the
representations contained herein.
2) The undersigned represents that the described phase of this construction project will be completed on
or before August 1, 2006.
3) The undersigned represents that the project owner Intends to begin construction of the alternative
water supply project by this 12: day of ).."....,;ICI~ . in the year ;1~ ~ .
4) The undersigned represents that the project owner understands the alternative water supply project
must be completed and Invoiced by August 1, 2006 and further understands that if construction is not
completed by August 1, 2006, the South Florida Water Management District reserves the right to
rescind alternative water supply funding for fiscal year 2006.
STATEOF ~~..4..1
COUNTYOF ~
~$.5 v' A1t.<'t.:JP
Print Name
SWORN TO and subscribed before me 31J It day of ~005.
Such person(s) (Notary Public must check applicable bOX)U
(>lJsfare personally known to me.
[ ] produced a current driver license(s).
[ ] produced as identification:
(NOTARY PUBLIC SEAL)
~r!.lJ.ub
ary PUblic
- -
I ~""'II MNl'I e. BECK ~
I !m~ ... ~~~ Notaty PublIc . Slote of FIoIIdo
t. · .~~"P22.m
; ~~ zn CommlNlon" 00302690
~ '1 . .,~\.. IOndIdtvNatlonalNoklry......
--
Page 11 of 11
Agenda Item No. 16C9
September 13. 2005
Collier Countpft~~ili#t1iO
Hawthorn Zone I Wells Nos. RO-IOIN and RO-I02N
Alternative Water Supply Funding for FY2006
Project Description
1. Project Background - Hawthorn Zone 1 Wells RO-101N and RO-102N
Existing needs for additional water supply, fueled by an extremely high rate of growth,
have prompted Collier County to move forward with a comprehensive plan to improve and
expand its alternative water supply wellfield system. As part of the comprehensive plan,
additional wells are to be installed to meet demand.
As discussed in the 2003 Water Master Plan Update, the North Hawthorn Wellfield
supplies the required raw water capacity of 11.43 MGD to the North County Regional
Water Treatment Plant (NCRWTP) Reverse Osmosis (RO) treatment stream, but
increasing salinity in four existing wells has decreased the available alternative water
supply for the NCRWTP RO Stream.
The existing North Hawthorn Wellfield, which at present consists of sixteen (16) wells (12
usable) drawing from the brackish Lower Hawthorn aquifer, an alternative water source,
serves the NCRWTP. To date, approximately 4 million gallons per day (mgd) of
alternative water supply capacity has been taken out of prod uction as a result of increased
chloride levels in existing RO Wells No. IN, 2N, 3N, and 4N.
Proposed additional alternative water supply wells include thirteen wells to be installed
as supply wells for the North Hawthorn Wellfield, drawing from a brackish aquifer, an
alternative water source, serving the RO treatment process of the NCRWTP. Three of the
wells will draw from the Lower Hawthorn aquifer for a total of 3 mgd, and ten ofthe wells
will draw from the Hawthorn Zone 1 aquifer for an additional 5 mgd. At the same time,
development and use of these new brackish wells will reduce the stress on the
conventional fresh groundwater source.
The purpose ofthe Hawthorn Zone 1 Well Nos. RO-101N and RO-102N project is to
connect the two proposed alternative water supply wells to the existing raw water supply
system. This project will help Collier County meet the objectives of its Water Supply
Master Plan and the increasing County demand for water.
2. Permits
Permit Type Permitting Date Expiration
Agency Issued Date
Permit to Construct FDEP 17 -Mar- 17-Mar-10
PWS 05
WUP - Permit Mod SFWMD 9-Mar-05 12-Dec-16
No Notice General SFWMD 8-Dec-04 8-Dec-09
ERP
Copies of the first five pages of the required permits attached.
3. Contractor
Page 2 of 10
Agenda Item No. 16C9
September 13, 2005
Collier Coun1Pft~~el!jO
Hawthorn Zone I Wells Nos. RO-lOIN and RO-I02N
D.N. Higgins
4. Project Agreements
There are no agreements related to this project.
5. Other Items Prior to Construction
There are no additional items to be addressed prior to construction.
6. Recommendation from Regional Water Supply Plan
Recommendation 2.3: Water Supply Development in the Lower West Coast Water Supply
Plan, on page 121. This states: "Local water users and utilities should consider using the
Floridan Aquifer System (FAS) to reduce demands on freshwater sources in the LWC
Planning Area. Within the LWC Planning Area, the FAS is not influenced by variations in
rainfall. Local water users and utilities should consider involving the District in
development of their FAS well drilling programs for water supply, ASR and wastewater
effluent disposal to collect F AS water quality, water level, and hydrologic information that
could be used in predictive analysis and development or refinement of a F AS modeL"
Although the Hawthorn Zone 1 aquifer is not part ofthe FAS, in Collier County, it is a
brackish raw water (alternative) source.
7. Please address each of the factors as provided in Section 373.1961, Florida
Statutes:
a. Substantial Environmental Benefits by preventing or limiting adverse water
resource impacts?
The Hawthorn Zone 1 (an alternative water source) Wells RO-101N and RO-102N
project will increase raw water supplies without tapping into the surficial fresh
water aquifer system, thereby reducing the negative impacts on wetlands while
lowering future demand on fresh water sources.
b. How does the project reduce competition for water supplies?
The new wells will reduce competition for water supplies by utilizing Hawthorn
Zone 1 aquifer water, an alternative water supply, rather than Lower Tamiami
Aquifer water. This is consistent with the objectives of the Lower West Coast
Water Supply Plan.
c. Does the project bring about replacement of traditional sources in order to help
implement a minimum flow or level or a reservation? Identify the traditional
source being replaced and any minimum flow or level or reservation the alternative
source is helping to implement. Explain.
This project will reduce the amount of fresh ground water that would be required
to be withdrawn from the traditional source to meet demand.
Page 3 of 10
Agenda Item No. 16C9
September 13, 2005
Collier Coun1P~~~~O
Hawthorn Zone I Wells Nos. RO-lOIN and RO-I02N
d. Is the project going to be implemented by a consumptive use permittee that has
achieved the targets contained in a goal-based water conservation program
approved pursuant to s. 373.227? Describe.
At this time no goal based water conservation programs have been established for
utilities in the SFWMD. However, Collier County has an extensive water
conservation program. The water conservation initiatives currently being
implemented by Collier County include: aspects of the land development code, an
inverted block rate structure for both potable water, an irrigation ordinance that is
more restrictive than the current SFWMD LWC restrictions, and a comprehensive
public information program. Strict land development codes have been adopted by
the County, including a requirement for construction of a dual distribution system
(potable and reclaimed), the use of low-flow plumbing fixtures, and Xeriscape
landscaping. The 6-step block structure for potable water encourages customers to
use water efficiently. The irrigation ordinance invokes the following year-round
restrictions: varying watering days between even and odd address, usage hours
from 12:01 AM to 8:00 AM, and no irrigation on Fridays. The comprehensive
education program utilizes radio, television, newspaper, utility bill inserts, and
public outreach such as school programs, government days, and a senior expo to
inform customers to use water more efficiently.
e. Describe the quantity of water supplied by the project as compared to its cost.
Provide a calculation showing the average annual daily quantity of water supplied
by the project divided by the cost of the project.
Additional system capacity = 1 MGD
Estimated project cost = $1,590,305
Cost = approx. 0.63 gpd/$ 1.00
f. Is the construction and delivery to end users of reuse water a major component?
No. This is not a reuse project.
g. Is the project going to be implemented by a multijurisdictional water supply entity
or regional water supply authority? Show documentation creating the entity.
Yes. Within the Water-Sewer District boundary, the existing water service area
does not include those areas within the County currently served by the City of
Naples, Orange Tree, Golden Gate City, Marco Island Water District, or the area
within the Goodland Water Sub-District. Projects to interconnect the Collier
County Water-Sewer District distribution system with the City of Marco Island
and Naples are ongoing and projected to be complete near the end of 2007. In the
future, the water service area will include the Orange Tree Area. Service may also
be provided to other areas through bulk sales agreements with other water-sewer
districts in the future.
The Water-Sewer District Boundary area comprises approximately 240 square
miles. This area is bounded on the north by Lee County, on the south by the Marco
Island Service Area, on the on the west by the City of Naples Service Area and the
Gulf of Mexico, and on the east by the Urban Planning Boundary, including Rural
Fringe areas recently added to the Water-Sewer District Boundary.
Page 4 of 10
Agenda Item No. 16C9
September 13, 2005
Collier COW1tpl!l~cg:ptilj#f~O
Hawthorn Zone 1 Wells Nos. RO-lOIN and RO-I02N
h. Is the project part of a plan to implement two or more alternative water supply
projects, all of which will be operated to produce water at a uniform rate for the
participants in a multijurisdictional water supply entity or regional water supply
authority? Describe.
Yes. Collier County is implementing a number of alternative water supply projects
including the use of brackish water, reverse osmosis, and aquifer storage and
recovery.
1. Identify the percentage of project costs to be funded by the water supplier or water
user.
Collier County will fund 60% of the project costs.
J. Provide sufficient information to demonstrate that the project or phase can be
completed on or before August 1, 2006.
The contract for construction of this project was awarded on April 18, 2005. Notice
to proceed was issued on May 24,2005. The wells are expected to be on-line by
December 30,2005. See attached schedule.
k. Is the project a subsequent phase of an alternative water supply project that is
underway? Describe. Has this project received funding from SFWMD in prior
years? If so, please provide the contract number for funding.
This project is part of the ongoing comprehensive alternative water supply
program in Collier County. The program includes development of a minimum of 10
MGD of Hawthorn Zone 1 and Lower Hawthorn supply for associated RO
membrane treatment facilities.
1. For local government utilities: Describe whether and in what percentage the
utility is transferring water supply system revenues to the local government
general fund in excess of reimbursements for services received from the general
fund, including direct and indirect costs and legitimate payments in lieu of taxes.
Provide a copy of the utility's annual report or other document and indicate where
in the report or document it shows the disposition of utility water system revenues.
It is the practice in Collier County to treat the Water-Sewer District (District) as a
separate Enterprise. In fact, the District was created as an independent district by
the State of Florida legislature through a Special Act in the 1970's. As such, the
revenues for the District remain in the district for the rate payer's benefit. The
only allocations to the General Fund departments (i.e. Information Technology,
Facilities, Purchasing, Human Resources, County Manager's office; and, for
Payment in Lieu of Property Taxes based on the valuation of the District's r€)al
property assets paid to the Tax Assessor).
The County's existing and fully expected Bond Covenants state and require that
the user revenues of the District be pledged as collateral for the issuances.
Essentially, the user fees become trust funds to guarantee repayment of the bonds.
Impact fees, due to the fact that they cannot be relied upon as a fluid revenue
Page 5 of 10
Agenda Item No. 16C9
September 13, 2005
Collier Coun1PIi~~~O
Hawthorn Zone I Wells Nos. RO-101N and RO-I02N
stream can only be a secondary pledge against revenue bonds. As a result, with
this growth utility, all user revenues are maintained in the Enterprise, and are not
released to the General Fund.
See the attached excerpt from the 2004 Annual Report.
8. For utilities: Please provide a copy of your rates for wholesale and retail utility
customers. Explain how your rates promote water conservation and the use of alternative
water supplies in accordance with Section 373. 1961(3)(j), Florida Statutes. Are certain
customer groups provided water from distinctly different water sources? If so, do
customers using alternative water sources pay a different rate from those customers using
traditional sources?
The below block rates for water and reclaimed water promote water conservation and the
use of alternative water supplies. Different customers are provided water from both
brackish and freshwater sources; however, all customers are subject to the same rates
identified below.
Collier County Water-Sewer District Rates
Effective October 2004
Water Service Availability Charges (Residential, Multi-Family, Commercial and Irrigation Only):
Meter sizes are shown in inches:
5/8" ~ .1: 1..lli: 1..1Q: 2" ~ ~ 6" [: 1.[: g:
$12.60 $12.60 $27.80 $35.20 $53.00 $83.20 $153.80 $254.60 $506.60 $809.00 $1,464.20 $1,977.60
Volume Charge Per 1,000 Gallons (Residential, Multi-Family, Commercial and Irrigation Only):
~ ~ ~ ~ Block 5
$1.54 $2.20 $2.90 $3.70 $4.50
~
$5.50
Block Rate Structure (Residential, Multi-Family, Commercial and Irrigation Only):
Meter Size ~ Block 2 Block 3 Block 4 Block 5 Block 6
5/8" 5,000 10,000 20,000 30,000 50,000 Over 50,000
3/4" 5,000 10,000 20,000 30,000 50,000 Over 50,000
1" 12,000 25,000 50,000 75,000 120,000 Over 120,000
1 1/4" 20,000 40,000 80,000 120,000 200,000 Over 200,000
1 1/2" 25,000 50,000 100,000 150,000 250,000 Over 250,000
2" 40,000 80,000 160,000 240,000 400,000 Over 400,000
3" 80,000 160,000 320,000 480,000 800,000 Over 800,000
4" 120,000 250,000 500,000 800,000 1,200,000 Over 1,200,000
6" 250,000 500,000 1,000,000 1,500,000 2,500,000 Over 2,500,000
8" 450,000 900,000 1,800,000 2,700,000 4,500,000 Over 4,500,000
10" 700,000 1,450,000 2,900,000 4,300,000 7,000,000 Over 7,000,000
12" 1,075,000 2,150,000 4,300,000 6,450,000 11,000,000 Over 11,000,000
The graduated rate system shown above promotes water conservation because the price of
water per 1000 gallons increases as different tiers of water use are reached.
Page 6 of 10
FOR REUSE PROJECTS:
Agenda Item No. 16C9
September 13, 2005
Collier Coun1Pii~~litfcfiO
Hawthorn Zone 1 Wells Nos. RO-lOIN and RO-I02N
9. Pursuant to subsection 373.1961(4),f.s., show that reclaimed water use is metered for all
uses, and that rate structures are implemented based on actual use of reclaimed water for
all uses; and that education programs are in place to inform the public about water issues,
water conservation and the importance and proper use of reclaimed water.
This is not a reclaimed water project.
All reclaimed water use in Collier County is metered for all users. The rate structure used
to assess fees is provided below.
Collier County Water-Sewer District Reclaimed Water Rates Effective
October 2004
. Service Availability Charge Individually Meter Irrigation:
5/8 and 3/4 inch meter
1 inch meter
1 1/2 inch meter
2 inch meter
3 inch meter
4 inch meter
6 inch meter
8 inch meter
10 inch meter
12 inch meter
. Volume Charge per 1,000 Gallons (effective October 1,2004):
(i) Pressurized and Distributed $0.69
(ii) Pressurized $0.36
(iii) Bulk $0.28
$4.35 per month
$10.90 per month
$21.75 per month
$43.50 per month
$87.00 per month
$174.00 per month
$330.00 per month
$600.00 per month
$960.00 per month
$1,430.00 per month
Education programs are in place in Collier County to inform the public about water
issues, water conservation and the importance and proper use of reclaimed water. The
following are links to some of the materials distributed by Collier County.
Water Conservation: http://www.co.collier.fl.us/pud/d/water/
http://www.co.collier.fl.us/pud/d/water/50WavsWaterSmart.htm
Reclaimed Water: http://www.colliergov.net/pud/d/wastew/ReclaimedWater.htm
For utilities in Palm Beach. Broward. Miami-Dade counties:
10. Please provide the following information in electronic format, such as shape files or -
AutoCad.
a. Existing and future wastewater service area boundary.
b. Existing and proposed reclaimed water distribution lines with size.
c. Existing and proposed reclaimed water end users.
Page 7 of 10
Agenda Item No. 16C9
September 13, 2005
Collier Countp ~~t30iljJfej;O
Hawthorn Zone I Wells Nos. RO-lOIN and RO-102N
This project is located in Collier County.
11. Please provide a list and brief description of any other alternative water supply projects
you anticipate you may undertake within the next five (5) years. This information is for
District planning purposes only.
The Water Master Plan adopted by Collier County sets a course to utilize alternative water sources to
provide water for the future growth of Collier County. Under the plan use of reclaimed water for
irrigation, utilization of potable water ASR and the development of non-traditional water sources are
promoted. During FY 2004 4.89 billion gallons of reclaimed water were utilized by the County for
irrigation. The 4.89 billions gallons represents 84% of the total wastewater flow. A I MGD potable
water ASR was first brought on-line in Collier County in 2000. Since then the ASR has provide reliable
operation at an approximate recovery rate of 85%. As a result of the success of the potable water ASR,
there are plans to expand the current I MGD ASR to a 5 MGD ASR and to develop an additional 5
MGD ASR. The use of non-traditional water sources, specifically brackish water from the Lower
Hawthorn Aquifer, has been implemented by Collier County since 1999. Under the County's current
Water Master Plan Update the use of brackish water will be expanded. A list of alternative water supply
projects planned by Collier County for the next five years is provided on the next page.
Page 8 of 10
Agenda Item No. 16C9
September 13, 2005
Collier Coun1P~~c3*ililfet1)O
Hawthorn Zone I Wells Nos. RO-lOIN and RO-t02N
ALTERNATIVE WATER SUPPLY PROJECTS PLANNED FOR THE NEXT 5 YEARS
Project Description FY FY FY FY FY Beyond
2006 2007 2008 2009 2010 2010
Hawthorn Zone 1 Wells RO-114N, Installation of three new Hawthorn Zone 1 Wells to
allow for full reliable production capacity from X
RO-115N, and RO-116N (NCRWTP) exlstina plant.
Hawthorn Zone 1 Wells RO.1 01 N Installation of two new Hawthorn Zone 1 Wells
to allow for full reliable production capacity X
and RO.102N (NCRWTP) from existlna alant.
Hawthorn Zone 1 Wells RO-109N and Installation of two new Hawthorn Zone 1 Wells to
RO-117N (NCRWTP) allow for full reliable production capacity from X
existina plant.
Manatee Road ASR Expansion Expansion of current 1 MGD ASR to 5 MGD ASR X X
to allow for additional use of off peak supply.
Lower Hawthorn Wells RO-18N, RO- Inslallation of three new Lower Hawthorn Wells to
allow for full reliable production capacity from X X
19N, RO-20N (Mechanical) exlstinn nlant.
NCRWTP Wells RO-118N, RO-119N. Installation of three new Hawthorn Zone 1 Wells to
allow for full reliable production capacity from X
RO-120N exlstino alant.
Expansion of current wellfield to provide additional
SCRWTP Wellfield Expansion raw water supply for SCRWTP expansion from 8 X X
MGD to 20 MGD.
NCRWTP High Pressure RO Installation of two 1 MGD high-pressure RO
treatment skids in NCRWTP to treat high-salinity X
Construction water from existino hiah-salinltv wells.
NCRWTP New Hawthorn Zone 1 and Develop test wells to evaluate feasibility of
Lower Hawthorn developing the Hawthorn Zone 1 aquifer for X
brackish water supply.
SERWTP Wellfield Study, Land Develop a fourth water treatment plant that uses
Acquisition, and Construction alternative brackish and saline water as the supply X X X
source.
NERWTP Wellfield Expansion Develop a brackish wellfield to provide raw water X X X
supply to the NERWTP.
NERWTP Design Develop a 10 MGD water treatment plant to treat X X X
brackish water supplies.
SCRWTP 12 MGD Expansion Expand plant capacity from 8 MGD to 20 MGD to X X
treat brackish water supplies.
Reclairned Water Booster Pump Placement of an irrigation water booster pumping
station interconnect between north and south X X
Station water reclamation facilities.
Develop a 1 MGD reclaimed water ASR to allow
Reclaimed Water ASR for additional use of off peak supply. Expand the
ASR syslem by adding 4 additional wells according X X X X
to the desion that has been completed.
Interconnect between the Tamiami Wellfield and
12th Ave Tamiami Interconnect the existing Lower Hawthorn Wellfield to allow for a
reliable supply to keep the plant operating at full X
caaacitv.
New reclaimed water line to add flexibility between
Davis to Radio Road Reclaimed the North and South reclaimed water service areas
Water Main to maximize use of the reclaimed water ASR X
system in the North reclaimed water service area.
Decommission WWTP and convert a portion of the
Pelican Bay Decommissioning facility to expand the onsite reclaimed water
storage and pumping facilities. X
Bold item identifies project presented in the current grant application.
Page 9 of 10
Agenda Item No. 16C9
September 13, 2005
Collier Coun1p~~@ilj#~O
Hawthorn Zone I Wells Nos. RO-IOIN and RO-I02N
South Florida Water Management District
FY 2006 Alternative Water Supply Funding Program
ACKNOWLEDGEMENT
Before me, the undersigned authority, personally appeared,
Representative of the project owner) this day of
required by law, hereby acknowledges:
, ("Authorized
, 2005, who, first being duly sworn, as
1) The statements contained in this project information package are true, correct and complete to the best of
his/her knowledge and that the undersigned has the authority from the project owner to make the
representations contained herein.
2) The undersigned represents that the described phase of this construction project will be completed on or
before August 1, 2006.
3) The undersigned represents that the project owner intends to begin construction of the alternative water
supply project by this day of , in the year
4) The undersigned represents that the project owner understands the alternative water supply project must be
completed and invoiced by August 1, 2006 and further understands that if construction is not completed by
August 1, 2006, the South Florida Water Management District reserves the right to rescind alternative water
supply funding for fiscal year 2006.
STATE OF
COUNTY OF
By:
Project Owner's Representative
Print Name
SWORN TO and subscribed before me
day of
,2005.
Such person(s) (Notary Public must check applicable box):
[ ] is/are personally known to me.
[ ] produced a current driver Iicense(s).
[ ] produced as identification:
(NOTARY PUBLIC SEAL)
Notary Public
Page 10 of 10
Agenda Item No. 16C9
September 13, 2005
Page 33 of 50
/-
(
Proiect SUmmary
Hawthom Zone 1 Wells RO-109N and RO-117N
Project Name
Collier County PUED
Project Owner
Collier County
County where project is located
Lower West Coast
Water Supply Plannine Region
Mr, Peter Schalt
Proj ect Manager
3301 East Tamiarni Trail, Bldg H Naples, 34112
Address
(239) 530-5343
Telephone
(239) 530-5378
Fax
peterschalt@colliergov.net
Email
Alternative Water Source:
(Check the applicable boxes)
[J Seawater
1ZI Brackish water from Hawthorn Zone 1 aquifer
[J Sources made available through new storage capacity:
[J Aquifer Storage & Recovery (ASR)
[J Above ground impoundment
[J Reclaimed water
r [J Other source designated as non-traditional in a water supply plan
(List source, page # and water supply plan title where source is identified)
Quantity of Water
Made Available GD
StartlFinish
Date Cost
This Total Total
Phase Pro' ect FY06 Pro'ect
Start: Start: Plannin $1,735 $9.265
2/28/2007 9/27/2004 $1,735 $9.265
Finish: Finish: Desi n
5/30/2007 5/30/2007 $31,235 $166.775
Construction $0 $1,744,000
Total $34,705 $1,929,305
This
Phase
Total
Pro' ect
1
Brief Proiect Descriotion:
The NCRWTP Wells RO-1 09N and RO-117N project consists of the installation of two new Hawthorn
Zone 1 Wells to allow for full reliable production capacity from the existing North County Regional Water
Treatment Plant.
r
Page 1 of 11
Agenda Item No. 16C9
September 13, 2005
Page 34 of 50
Proiect SUmmary
NCRWTP Wells RO-118N, RO-119N & RO-120N Mr. Peter Schalt
Project Name
Collier County PUED
Project Owner
Collier County
County where project is located
Lower West Coast
Water Supply Planning Region
Project Manager
3301 East Tamiami Trail, Bldg H Naples, 34112
Address
(239) 530-5343
Telephone
(239) 530-5378
Fax
peterschalt@colliergov.net
Email
Alternative Water Source:
(Check the applicable boxes)
o Seawater
IZI Brackish water from Hawthorn Zone 1 aquifer
o Sources made available through new storage capacity:
o Aquifer Storage & Recovery (ASR)
o Above ground impoundment
o Reclaimed water
o Other source designated as non-traditional in a water supply plan
(List source, page # and water supply plan title where source is identified)
Quantity of Water
Made Available GD
Start/Finish
Date Cost
This Total Total
Phase Pro' ect FY06 Pro' ect
Start: Start: Plannin $2,603 $13,898
2128/2007 9/27/2004 $2.603 $13.896
Finish: Finish: Desi
5130/2007 5/30/2007 $46.852 $250.162
Construction $0 $2,616,000
Total $ 52,056 $2,893,958
This
Phase
Total
Pro' ect
1.5
1.5
Brief Proiect Descrintion:
The NCRWTP Wells RO-118N, RO-119N & RO-120N project consists of the installation of three new
Hawthorn Zone 1 Wells to allow for reliable production capacity from the existing North County Regional
Water Treatment Plant.
Page I of 12
(
(
Agenda Item No. 16C9
September 13, 2005
Page 35 of 50
NERWTP Construction
Project Name
Collier County PU ED
Project Owner
Collier County
County where project is located
Lower West Coast
Water Supply Planning Region
Proiect SUmmary
Mr. Harold Huber
Proj ect Manager
3301 East Tamiami Trail, Bldg H Naples, 34112
Address
(239) 530-5341
Telephone
(239) 530-5378
Fax
haroldhuber@colliergov,net
Email
Alternative Water Source:
(Check the applicable boxes)
[J Seawater
IZI Brackish water from Hawthorn/FAS aquifer
[J Sources made available through new storage capacity:
[J Aquifer Storage & Recovery (ASR)
[J Above ground impoundment
[J Reclaimed water
[J Other source designated as non-traditional in a water supply plan
(List source, page # and water supply plan title where source is identified)
Quantity of Water Start/Finish
Made Available GD Date Cost
This Total This Total Total
Phase Pro' ect Phase Pro' ect FY06 Pro' ect
Start: Phase 1.A: Plannin $0 $261,360
Phase 1.A: 10 7/17/2006 11116/2004-
8/1/2008 Desi $0 $261,360
0 Phase 1 .B: 10 Finish: Phase 1.8: $0 $4,704,480
8/1/2008 8/112008 .
Total: 20 1213112018 Construction $0 $43,560,000
Total $0 $49,309,920
Brief Project Description:
The purpose of the NERWTP Design project is to develop a 10 MGD water treatment plant to treat
brackish water supplies,
Page I of 11
Agenda Item No. 16C9
September 13, 2005
Page 36 of 50
NERWTP Wellfield Phase 1.A
Proiect SUmmary
Ms. Alicia Abbott
Project Manager
3301 East Tamiami Trail, Bldg H Naples, 34112
Address
239-530-5344
Project Name
Collier County PUED
Project Owner
Collier County
County where project is located
Lower West Coast
Water Supply Planning Region
Telephone
239-530-5378
Fax
aliciaabbott@colliergov.net
Email
Alternative Water Source:
(Check the applicable boxes)
[J Seawater
IZJ Brackish water from Lower Hawthorn (FAS) aquifer
CJ Sources made available through new storage capacity:
[J Aquifer Storage & Recovery (ASR)
[J Above ground impoundment
[J Reclaimed water
[J Other source designated as non-traditional in a water supply plan
(List source, page # and water supply plan title where source is identified)
Quantity of Water
Made Available GD
lli:la{ea;t,ii,.
Start/Finish
Date Cost
This Total Total
Phase Pro 'ect FY06 Pro'ect
Start: Phase 1.A: Plannin $14o,s77 $300,000
4/9/2006 7/1/2004- $140.577 $300.000
8/15/08 Desi
Finish: Phase 1.B: $2,530,378 $5,400,000
8/1/2006 8/16/08-
12/31/18 Construction $2,000,000 $58,040,000
Total $4,811,532 $64,040,000
This
Phase
Total
Pro' ect
Phase 1.A: 10
o Phase 1.B: 10
Total: 20
Brief Proiect Description:
The purpose of the NERWTP Wellfield Phase 1.A is to develop a brackish wellfield to provide raw water
supply to the North East Regional Water Treatment Plant.
Page I of 11
Agenda Item No. 16C9
September 13, 2005
Page 37 of 50
(-
Reclaimed Water ASR
Project Name
Collier County PU ED
Project Owner
Collier County
County where project is located
Lower West Coast
Water Supply Planning Region
Proiect Summary
Ms. Alicia Abbott
Project Manager
3301 East Tamiami Trail, Bldg H Naples, 34112
Address
(239) 530-5344
Telephone
239-530-5378
Fax
aliciaabbott@colliergov.net
Email
Alternative Water Source:
(Check the applicable boxes)
o Seawater
o Brackish water from aquifer
1ZI Sources made available through new storage capacity:
IZI Aquifer Storage & Recovery (ASR)
D Above ground impoundment
IZI Reclaimed water
( 0 Other source designated as non-traditional in a water supply plan
(List source, page # and water supply plan title where source is identified)
Quantity of Water
Made Available GD
Start/Finish
Date Cost
This Total Total
Phase Pro' ect FY06 Pro' ect
Start: Start: Plannin $12,750 $42,840
1/15/2006 8/311999 $12,750 $42,840
Desi n
Finish: Finish: $229,500 $771,120
8/1/2006 9/30/2009
Construction $1,870,000 $6,283,200
Total $2,125,000 $7.140,000
This
Phase
Total
Pro' act
5
Brief Proiect Descriution:
The Reclaimed Water ASR project will develop a 1 MGD reclaimed water ASR to allow for additional use
of off-peak supply. The project will expand the ASR system by adding 4 additional wells according to
the design that has been completed.
(
Page 1 of 12
Agenda Item No. 16C9
September 13, 2005
Page 38 of 50
Proiect SUmmary
Reclaimed Water Booster Pump Station Mr, Richard Cannyn
Project Name
Collier County PUED
Project Owner
Collier County
County where project is located
Lower West Coast
Water Supply Planning Region
Project Manager
3301 East Tamiami Trail, Bldg H Naples, 34112
Address
(239) 530-6278
Telephone
239-530-5378
Fax
RichardCannyn@colliergov,net
Email
Alternative Water Source:
(Check the applicable boxes)
o Seawater
o Brackish water from aquifer
o Sources made available through new storage capacity:
o Aquifer Storage & Recovery (ASR)
o Above ground impoundment
IZI Reclaimed water
o Other source designated as non-traditional in a water supply plan
(List source, page # and water supply plan title where source is identified)
)'e.;
Quantity of Water
Made Available GD
StartJFinish
Date Cost
This Total Total
Phase Pro' ect FY06 Pro'ect
Start: Start: Plannin $5,500 $8,500
11/1/2005 6/23/2004 $5,500 $8,500
Desi n
Finish: Finish: $99,000 $153.000
8/1/2006 1/31/2007
Construction $200,000 $1,200,000
Total $310,000 $1,370,000
This
Phase
Total
Pro' ect
o
10
Brief Proiect Descriotion:
The Reclaimed Water Booster Pump Station project consists of the placement of an irrigation water
booster pumping station to interconnect between the north and south water reclamation facilities.
Page 1 of 11
Agenda Item No. 16C9
September 13, 2005
Page 39 of 50
(--
Project Sununary
Lower Hawthorn Wells RQ..18N. RO-19N and RQ..20N
Project Name
Collier County PUED
Project Owner
Collier County
County where project is located
Lower West Coast
Water Supply Planning Region
Mr. Peter Schalt
Project Manager
3301 East Tamiami Trail, Bldg H Naples, 34112
Address
(239) 530-5343
Telephone
239-530-5378
Fax
peterschalt@colliergov.net
Email
Alternative Water Source:
(Check the applicable boxes)
lJ Seawater
121 Brackish water from Lower Hawthom (Upper Floridan) aquifer
lJ Sources made available through new storage capacity:
lJ Aquifer Storage & Recovery (ASR)
lJ Above ground impoundment
o Reclaimed water
r 0 Other source designated as non-traditional in a water supply plan
,
(List source, page # and water supply plan title where source is identified)
Quantity of Water
Made Available GD
StartlFinish
Date Cost
This Total Total
Phase Pro' ect FY06 Pro' ect
Start: Start: Plannin $5,395 $31,118
9/1/2005 5/312004 $5,395 $31,118
Desi n
Finish: Finish: $97,110 $560,115
5/30/2006 5/30/2006
Construction $5,156,000 $6,306,000
Total $5,263,900 $6.930,351
This
Phase
Total
Pro' ect
3
3
Brief Project Descriotion:
The Lower Hawthorn Wells RO-18N, RO-19N and RO-20N project consists of the installation of three
new Lower Hawthorn Wells to allow for reliable production capacity from the existing North County
Regional Water Treatment Plant.
(
Page 1 of 11
Agenda Item No. 16C9
September 13, 2005
Page 40 of 50
Proiect SUmmary
Pelican Bay WWTP Conversion to Reclaimed Waler Storage
and Repump Phase I
Project Name
Collier County PUED
Mr. Richard Cannyn
Project Manager
Project Owner
Collier County
County where project is located
Lower West Coast
Water Supply Planning Region
3301 East Tamiami Trail, Bldg H Naples, 34112
Address
(239) 530-6278
Telephone
239-530-5378
Fax
RichardCannyn@collier9ov.net
EmaiI
Alternative Water Source:
(Check the applicable boxes)
o Seawater
o Brackish water from aquifer
o Sources made available through new storage capacity:
o Aquifer Storage & Recovery (ASR)
o Above ground impoundment
IZI Reclaimed water
o Other source designated as non-traditional in a water supply plan
(List source, page # and water supply plan title where source is identified)
Quantity of Water StartJFinish
Made Available GD Date Cost
This Total This Total Total
Phase Pro' ect Phase Pro' ect FY06 Pro' ect
Start: Start: Plannin $4,500 $4,500
12/2/2005 11/1/2004 $4,500 $4,500
Desi n
Finish: Finish: $81,000 $81,000
2/2/2006 2/2/2006
Construction $600,000 $600,000
Total $690,000 $690,000
Brief Proiect Descrintion:
The Pelican Bay WWTP Conversion to Reclaimed Water Storage and Repump Phase I consists of the
decommissioning of a WWTP and conversion of a portion of the facility to expand the onsite reclaimed
water storage and pumping facilities.
Page 1 of 11
(.
('
r
Agenda Item No, 16C9
September 13, 2005
Page 41 of 50
Project Summary
Hawthorn Zone 1 Wells RO.114N, RO.115N, and RO.116N
Mr. Peter Schalt
Project Manager
3301 East Tamiami Trail, Bldg H Naples, 34112
Address
(239) 530-5343
Telephone
(239) 530-5378
Fax
peterschalt@colliergov.net
Email
Project Name
Collier County PUED
Project Owner
Collier County
County where project is located
Lower West Coast
Water Supply Planning Region
Alternative Water Source:
(Check the applicable boxes)
D Seawater
rzI Brackish water from Hawthorn Zone 1 aquifer
CJ Sources made available through new storage capacity:
CJ Aquifer Storage & Recovery (ASR)
CJ Above ground impoundment
D Reclaimed water
CJ Other source designated as non.traditional in a water supply plan
(List source, page # and water supply plan title where source is identified)
:....j;C;~w:,~jtwml;l!l;lliU~iu'iilF:!;;:.',: :wit~~:;'QUiliti.tM.;.....Ti~b! I/~j~d ~MHii'i, :::~~I;!~!i!j: ,,"oil' ""!' ;",,1"") ,"Iii
.".<~,.i:,"'i!ilil~I;{<,.. ,)_;m:{L~,k, -:..~~!,' ,'I~i I a ',:: I" ' :!lh;ll~lC;,
Quantity of Water StartJFinish
Made Available lMGm Date Cost
This Total This Total Total
Phase Proj ect Phase Proiect FY06 Proiect
Start: Start: Planninlt $2,603 $13,898
8/11/2005 9/27/2004 $2,603 $13,898
Finish: Finish: Desi{ffi
, .5 1,5 '2/30/2005 12/30/2005 EnlrineerinlC $46,852 $250,162
Construction $1,700,000 $2,300,000
Total $1,752,058 $2,577,958
Brief Proiect DescriDtion:
The Hawthorn Zone 1 Wells RO-114N, RO-115N, and RO-116N project consists of the Installation of
three new Hawthorn Zone 1 Wells to allow for reliable production capacity from the existing North
County Regional Water Treatment Plant.
Page 1 of 12
Agenda Item No. 16C9
September 13, 2005
Page 42 of 50
Project Summary
Hawthom Zone 1 Wells RO-1 01 Nand RO-102N Mr. Peter Schalt
Project Name
Collier County PUED
Project Owner
Collier County
County where project is located
Lower West Coast
Water Supply Planning Region
Project Manager
3301 East Tamiami Trail, Bldg H Naples, 34 112
Address
(239) 530-5343
Telephone
(239) 530-5378
Fax
peterschalt@colliergov.net
Email
Alternative Water Source:
(Check the applicable boxes)
[J Seawater
o Brackish water from Hawthorn Zone 1 aquifer
[J Sources made available through new storage capacity:
[J Aquifer Storage & Recovery (ASR)
[J Above ground impoundment
[J Reclaimed water
[J Other source designated as non-traditional in a water supply plan
(List source, page # and water supply plan title where source is identified)
Quantity of Water Start/Finish
Made Available GD Date Cost
This Total This Total Total
Phase Pro' ect Phase Pro' ect FY06 Pro' ect
Start: Start: Plannin $1,735 $9,265
5/24/2005 9/1/2004 $1,735 $9.265
Desi n
Finish: Finish: $31,235 $166,n5
12/30/2005 1 2/30/2005
Construction $1,000,000 $1,405,000
Total $1,034,705 $1,590,305
Brief Proiect Descriotion:
The Hawthorn Zone 1 Wells RO-1 01 Nand RO-'02N project consists of the installation of two new
Hawthorn Zone 1 Wells to allow for reliable production capacity from the existing North County Regional
Water Treatment Plant.
Page 1 of 10
Agenda Item No. 16C9
September 13, 2005
Page 43 of 50
/-
12th Ave Tamiami Interconnect
Project Name
Collier County PUED
Project Owner
Collier County
County where project is located
Lower West Coast
Water Supply Planning Region
Proiect Summary
Mr. Peter Schalt
Project Manager
3301 East Tamiami Trail, Bldg H Naples, 34112
Address
(239) 530-5343
Telephone
239-530-5378
Fax
peterschalt@colliergov.net
Email
Alternative Water Source:
(Check the applicable boxes)
o Seawater
12I Brackish water from Lower Hawthorn (FAS) aquifer
o Sources made available through new storage capacity:
o Aquifer Storage & Recovery (ASR)
o Above ground impoundment
o Reclaimed water
__ 0 Other source designated as non-traditional in a water supply plan
,r
(List source, page # and water supply plan title where source is identified)
Quantity of Water
Made Available GD
Start/Finish
Date Cost
This Total Total
Phase Pro' ect FY06 Pro' ect
Start: Start: Plannin $1,037 $7,999
8/10/2005 9/24/2004 $1 ,037 $7 ,999
Finish: Finish: Desi n
5/1/2006 5/1/2006 $18,665 $143.973
Construction $1,083,000 $1.832,000
Total $1.103,739 $1,991,971
This
Phase
Total
Pro' ect
5.9
5.9
Brief Project DescriDtion:
The purpose of the 12th Ave Tamiami Interconnect project is to construct an interconnect between the
Tamiami Wellfield and the existing Lower Hawthorn Wellfleld to allow for a reliable supply to keep North
County Regional Water Treatment Plant operating at full capacity.
('
Page 1 of 11
Agenda Item No. 16C9
September 13, 2005
Page 44 of 50
Proiect Summary
Radio Rd to Davis Blvd Reclaimed Water Main
Mr. Ron Dillard
Project Manager
3301 East Tarniami Trail, Bldg H Naples, 34112
Address
Project Name
Collier County PUED
Project Owner
Collier County
County where project is located
Lower West Coast
Water Supply Planning Region
(239) 530-5338
Telephone
(239) 530-5378
Fax
ronalddillard @collier90v.net
Email
Alternative Water Source:
(Check the applicable boxes)
[J Seawater
[J Brackish water from aquifer
[J Sources made available through new storage capacity:
o Aquifer Storage & Recovery (ASR)
o Above ground impoundment
o Reclaimed water
o Other source designated as non-traditional in a water supply plan
(List source, page # and water supply plan title where source is identified)
Quantity of Water Start/Finish
Made Available GD Date Cost
This Total This Total Total
Phase Pro' ect Phase Pro' ect FY06 Pro' ect
Start: Start: Plannin $0 $2,Sn
2/21/2005 2/1/2002 $0 $2,Sn
Desi
Finish: Finish: $0 $48,1n
10/20/2005 10/20/2005
Construction $0 $1,000,000
Total $0 $1,053,531
Brief Proiect Descriotion:
The Davis to Radio Road Reclaimed Water Main projects will provide a new reclaimed water line to add
flexibility between the North and South reclaimed water service areas to maximize use of the reclaimed
water ASR system in the North reclaimed water service area.
Page 1 of 10
~-
--
('
Agenda Item No. 16C9
September 13, 2005
Page 45 of 50
SCRWTP Wellfield Expansion
Project Name
Collier County PUED
Project Owner
Collier County
County where project is located
Lower West Coast
Water Supply Planning Region
Project Summary
Mr. Phil Gramatges
Project Manager
3301 East Tarniami Trail, Bldg H Naples, 34112
Address
(239) 774-8836
Telephone
(239) 530-5378
Fax
PhilGramatges@colliergov.net
Email
Alternative Water Source:
(Check the applicable boxes)
D Seawater
1ZI Brackish water from Hawthorn Zone 1 aquifer
D Sources made available through new storage capacity:
D Aquifer Storage & Recovery (ASR)
D Above ground impoundment
D Reclaimed water
D Other source designated as non-traditional in a water supply plan
(List source, page # and water supply plan title where source is identified)
Quantity of Water
Made Available GD
Start/Finish
Date Cost
This Total Total
Phase Pro' ect FY06 Pro' ect
Start: Start: Plannin $10,000 $80,486
1/11/2006 7/28/2004 $10,000 $80,486
Desi n
Finish: Finish: $180,000 $1,448,746
7/2012006 7/9/2007
Construction $2,600,000 $26,000,000
Total $2,BOO,OOO $27,609.71B
This
Phase
Total
Pro'ect
3.5
12
Brief Proiect Descrintion:
The SCRWTP Wellfield Expansion consist of the expansion of current wellfield to provide additional raw
water supply for SCRWTP expansion from 8 MGD to 20 MGD.
Page 1 of 11
Agenda Item No. 16C9
September 13, 2005
Page 46 of 50
Project Summary
SERWTP Wel/field Study, Land Acquisition, and Construction
Project Name
Collier County PUED
Project Owner
Collier County
County where project is located
Lower West Coast
Water Supply Planning Region
Ms. Alicia Abbott
Project Manager
3301 East Tamiami Trail, Bldg H Naples, 34112
Address
(239) 530-5344
Telephone
(239) 530-5378
Fax
aliciaabbott@collier90v.net
Email
Alternative Water Source:
(Check the applicable boxes)
o Seawater
IZI Brackish water from Lower Hawthorn (FAS) aquifer
o Sources made available through new storage capacity:
o Aquifer Storage & Recovery (ASR)
o Above ground impoundment
o Reclaimed water
o Other source designated as non-traditional in a water supply plan
(List source, page # and water supply plan title where source is identified)
Quantity of Water Start/Finish
Made Available GD Date Cost
This Total This Total Total
Phase Pro' ect Phase Pro' ect FY06 Pro' ect
Phase 1: 0 Phase1 : Plannin $60,000 $547,560
Phase 1 : 5/15/06.
Phase 2.A: 8 5/15/06. 9/30/08 Desi n $60,000 $547,560
Phase 2.A:
0 9/30/08 1/1/14- $1,080,000 $9.856,080
Phase 2.8: 12 9/30/18
Phase 2.8: Construction $0 $80.308,800
Total: 20 10/1/18-
9130/23 Total $1,200,000 $91,260,000
Brief Proiect Description:
The SERWTP Wellfield Study, Land Acquisition and Construction project will develop a fourth water
treatment plant that uses alternative brackish and saline water as the supply source.
Page 1 of 11
(
Agenda Item No. 16C9
September 13, 2005
Page 47 of 50
SCRWTP 12-MGD RO Expansion
Project Name
Collier County PUED
Project Owner
Collier County
County where project is located
Lower West Coast
Water Supply Planning Region
Project Summary
Mr. Phil Gramatges
Project Manager
3301 East Tamiami Trail, Bldg H Naples, 34112
Address
(239) 774-8836
Telephone
(239) 530-5378
Fax
philgramatges@colliergov.net
Email
Alternative Water Source:
(Check the applicable boxes)
CJ Seawater
[ZJ Brackish water from Hawthom Zone 1 aquifer
CJ Sources made available through new storage capacity:
[J Aquifer Storage & Recovery (ASR)
CJ Above ground impoundment
[J Reclaimed water
CJ Other source designated as non-traditional in a water supply plan
(List source, page # and water supply plan title where source is identified)
Quantity of Water
Made Available GD
Start/Finish
Date Cost
This Total Total
Phase Pro' ect FY06 Pro' ect
Plannin $75,000 $149,500
Start: Start: $75,000 $149,500
111712005 7/15/2004 Desi n
$1,350,000 $2,691,000
Finish: Finish:
2/1/2007 2/1/2007 Construction $18,000,000 $25,000,000
Total $19,500,000 $27,990,000
This
Phase
Total
Pro' ect
12
12
Brief Proiect Descrintion:
The SCRWTP 12-MGD RO Expansion consists of the expansion of plant capacity from 8 MGD to 20
MGD to treat brackish water supplies.
Page 1 of 12
Agenda Item No. 16C9
September 13, 2005
Page 48 of 50
Project Summary
NCRWTP High Pressure RO Construction Ms. Karen Guliani
Project Name Project Manager
Collier County PUED 3301 East Tamiami Trail, Bldg H Naples, 34112
Proj ect Owner Address
Collier County
County where project is located
Lower West Coast
Water Supply Planning Region
(239) 417-6083
Telephone
(239) 530-5378
Fax
Karenguliani@colliergov.net
Email
Alternative Water Source:
(Check the applicable boxes)
[J Seawater
IZI Brackish water from Lower Hawthom (Upper Floridan) aquifer
o Sources made available through new storage capacity:
[J Aquifer Storage & Recovery (ASR)
[J Above ground impoundment
[J Reclaimed water
[J Other source designated as non-traditional in a water supply plan
(List source, page # and water supply plan title where source is identified)
Quantity of Water
Made Available GD
StartlFinish
Date
This
Phase
Total
Pro' ect
This Total
Phase Pro' ect
Start: Start: Plannin
11/1/2005 6/21/2004
Desi
Finish: Finish:
8/1/2006 2/1/2008
Construction
Total
o
2
','L', ,
.Jd~ '
Cost
Total
FY06 Pro' ect
$45,850 $50,924
$45,850 $50,924
$825,300 $916,636
$0 $14,000,000
$917,000 $15,018,484
Brief Proiect Descriotion:
The NCRWTP High Pressure RO Construction project consists of the installation of two 1 MGD high-
pressure RO treatment skids in North County Regional Water Treatment Plant to treat high-salinity water
from existing high-salinity wells.
Page 1 of 11
Agenda Item No. 16C9
September 13, 2005
Page 49 of 50
Proj ect Summary
NCRWTP New Hawthorn Zone 1 and Lower Hawthorn
Project Name
Collier County PUED
Project Owner
Collier County
County where project is located
Lower West Coast
Water Supply Planning Region
Ms. Alicia Abbott
Project Manager
3301 East Tamiami Trail, Bldg H Naples, 34112
Address
(239) 530-5344
Telephone
(239) 530-5378
Fax
aliciaabbott@colliergov.net
Email
Alternative Water Source:
(Check the applicable boxes)
[J Seawater
IZI Brackish water from HawthomlUpper Floridan aquifer
[J Sources made available through new storage capacity:
[J Aquifer Storage & Recovery (ASR)
[J Above ground impoundment
[J Reclaimed water
[J Other source designated as non-traditional in a water supply plan
(List source, page # and water supply plan title where source is identified)
Quantity of Water
Made Available GD
Start/Finish
Date Cost
This Total Total
Phase Pro' ect FY06 Pro' ect
Start: Start: Plannin $18,790 $18,790
11/112005 7/28/2004 $18,790 $18,790
Desi n
Finish: Finish: $338,224 $338,224
7/31/2006 7/31/2006
Construction $785,000 $785,000
Total $1,160,804 $1,160.804
This
Phase
Total
Pro' ect
o
o
Brief Proiect DescriDtion:
The NCRWTP New Hawthorn Zone 1 and Lower Hawthorn project will develop test wells to evaluate
feasibility of developing the Hawthorn Zone 1 and the Lower Hawthorn Aquifers for brackish water
supply.
Page 1 of 11
Agenda Item No. 16C9
September 13, 2005
Page 50 of 50
Manatee Road ASR Expansion
Project Name
Collier County PUED
Project Owner
Collier County
County where project is located
Lower West Coast
Water Supply Planning Region
Proiect Summary
Mr. Peter Schalt
Project Manager
3301 East Tamiami Trail, Bldg H Naples, 34112
Address
(239) 530-5343
Telephone
(239) 530-5378
Fax
peterschalt@colliergov.net
Email
Alternative Water Source:
(Check the applicable boxes)
o Seawater
o Brackish water from aquifer
I2l Sources made available through new storage capacity:
12I Aquifer Storage & Recovery (ASR)
D Above ground impoundment
D Reclaimed water
D Other source designated as non-traditional in a water supply plan
(List source, page # and water supply plan title where source is identified)
Quantity of Water
Made Available GD
4
4
Start/Finish
Date Cost
This Total Total
Phase Pro'ect FY06 Pro' ect
Start: Start: Plannin $5,000 $30,000
7/1/2006 12/2/2003 $5,000 $30,000
Desi
Finish: Finish: $90,000 S540,000
3/1/2007 311/2007
Construction $1,500,000 $9,200,000
Total $1,600,000 $9,800,000
This
Phase
Total
Pro' ect
Brief Proiect DescriDtion:
The Manatee Road ASR Expansion project will expand the current 1 MGD ASR to 5 MGD ASR to allow
for additional use of off-peak supply,
Page I of 11
".....'...,
Agenda Item No. 16C10
September 13, 2005
Page 1 of 3
EXECUTIVE SUMMARY
Recommendation to approve a Budget Amendment to transfer funds in the amount of $349,000 to
cover unanticipated personal service and operating expenses incurred by six Wastewater
Department Cost Centers. ($299,000 from the Collier County Water-Sewer District Operating
Fund (408) Reserves for Contingencies, and $50,000 from the Personal Services Budgets of the
North County Water Reclamation Facility and the South County Water Reclamation Facility)
OBJECTIVE: That the Board of County Commissioners, as the Ex-Officio Governing Board of Collier
County Water-Sewer District, approve a budget amendment that will allow funds to be transferred from
the Collier County Water-Sewer District Operating Fund (408) Reserves for Contingencies in the amount
of $299,000, and funds in the total amount of $50,000 from the Personal Services Budgets of the North
County Water Reclamation Facility (NCWRF), and South County Water Reclamation Facility (SCWRF)
to cover unanticipated personal services and operating expenses in the amount of $349,000 incurred by
Stake & Locates, NCWRF, Wastewater Reuse, WW Lab, Wastewater Collections, and the SCWRF.
CONSIDERATIONS:
1) Stake & Locates requires an additional $15,000 to cover an unexpected overtime shortfall due to a
higher than usual number of emergency digs and locates, and serving as secondary response to breaks
and sanitary sewer overflows.
2) The NCWRF requires $225,000 to cover operating expenses for the remainder of FY05. This is an
8.7% increase in the total operating expense amended budget. The NCWRF experienced a 17%
increase in influent wastewater flow and biosolids tonnage in the last three months compared to the
same reporting period of FY04. This increase is forecasted to continue, with correlating increases in
the rate of operating expenditures directly associated with the treatment of influent wastewater flows.
a) The NCWRF requires an additional $70,000 in the area of biosolids hauling and disposal to cover
contractual services. This is an 8.8% increase over the current budget for this line item.
b) The NCWRF requires an additional $70,000 for electricity. This is an 8.8% increase over the
amended budget for this line item.
c) Additional funds in the amount of $85,000 are needed due to an increase in chemical demand for
disinfection and odor control. This is a 17% increase in the amended budget for this line item.
3) The Wastewater Reuse's Instrumentation/Electrical Technician has been utilized by both the SCWRF
and the NCWRF due to vacancies that are difficult to fill for the same position at these facilities,
performing corrective, emergency and preventative instrumentation/electrical maintenance.
Consequently, overtime funds for Wastewater Reuse were under budgeted in the amount of $20,000.
4) The WW Lab has experienced a 7% increase in the number of permit analyses performed in the past
three months compared to the same reporting period of FY04. This increase in the number of permit
analyses performed is forecasted to continue, with correlating increases in the rate of operating
expenditures directly associated with permit analyses. The WW Lab requires additional funds in the
amount of $4,000 for chemicals. This is a 7% increase in the amended operating budget for this line
item.
.f,.......
Agenda Item No. 16C10
September 13, 2005
Page 2 of 3
5) Wastewater Collections requires an additional $15,000 as a result of additional telemetry monitoring
due to outages from electrical storms and response to Master Station 312 rehabilitation.
6) The SCWRF experienced a 22.6% increase in influent wastewater flow and a 17.6% increase in
biosolids tonnage in the last three months compared to the same reporting period in FY04. These
increases are forecasted to continue, with correlating increases in the rate of operating expenditures
directly associated with the treatment of influent wastewater flows. The SCWRF requires $70,000 in
additional funding for electricity.
Cost Center Need Amount
Stake & Locates Overtime $15,000
NCWRF Biosolids Haulinq $70,000
NCWRF Electricitv $70,000
NCWRF Chemicals $85,000
Wastewater Reuse Overtime $20,000
Wastewater Lab Chemicals $4,000
Wastewater Collections Overtime $15,000
SCWRF Electricitv $70,000
Total $349,000
--"'''_..'
FISCAL IMPACT: A budget amendment is needed to transfer funds in the amount of $299,000 from
the Collier County Water-Sewer District Operating Fund (408) Reserves for Contingencies, and funds in
the amount of $50,000 from the Personal Services Budgets of the NCWRF, and the SCWRF cost centers
to cover unanticipated personal services and operating expenses in the amount of $349,000 incurred by
Stake & Locates, NCWRF, Wastewater Reuse, WW Lab, Wastewater Collections and the SCWRF.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with the
Executive Summary.
RECOMMENDATION: That the Board of County Commissioners as the Ex-Officio Governing Board
of the Collier County Water-Sewer District, approve a Budget Amendment to transfer funds in the
amount of $349,000 to cover unanticipated personal service and operating expenses incurred by
Wastewater Stake and Locates, the NCWRF, Wastewater Reuse, WW Lab, Wastewater Collections and
the SCWRF ($299,000 from the Collier County Water-Sewer District Operating Fund (408) Reserves for
Contingencies, and $50,000 from the Personal Services Budgets of the NCWRF, and the SCWRF).
PREPARED BY: Marisa Garcia, Wastewater Operations Analyst
--
Item Number.
1_ _ory:
Mooting Dolo:
Agend.llem No. 16C10
September 13, 2005
Page ::I of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16C1Q
Reoommerldallon to approve a Budget AmtlMment to transfer fund$ In the amount of
5349.00010 cover unanticipated personal service and operating expenses Incurred bV ai,l(
Wntewater Department Cost Centers. ($299,000 from thf!' Collier County Watel-$ewer
Dlatrfct Opell~1ing Fund (406) Rewerve$ for ContingflrtCi~, and $50,000 from the Perlonal
Servicu B~lcJgehi of the North County Watrtr Reclalllellon F8cilfty and the South Counly
WtltOl' Reclftml'llion F~c:ility'.
9113120059:00:00 AM
OperlrtlOnl Anllly.1
0...
Prepared B).
Marls-a Ourci.
Public Utilltlet;
WuteW.tor
8J10!200!l11:19:"9AM
Interim W..toWater Olrector
0...
Appro't'ed By
G. George VlImM
Publit: Utilltlo.
W..teW..r
8/10120051;3.4 PM
BlIIl. S,idh.ut
Dot<
Apl)rllved B)'
Public Utilltle5
SOnlor Man(lge-rmrrtlBudgel Analyst
Publfc Utilities Operatlol'll
8110120052:07 PM
Approved By
Thom.. WI des
Public Utilities
operations Director
DOlO
Public Utilltlllllll OpenltlonB
8/1612005 9:32 AM
Public UtWties AdmlnlstrJtor
Do"
Apllroved By
JaRl0s W. DeLony
Public Utilities
Public Utllltlell AdmJnlsttDtion
8/t612005 2:02 PM
OMB CODrdinator
AthninlJ.tratlve A.sistllnt
o.w
Approved By
County Mllnagot'. Office
Office of Management & Budget
8/19/200510:11 AM
0...
AIJproved By
Randy GrMnWllld
County Manager'. 01Uce
Man4gementlBudget AnlllYlIt
Offiae of Mlllnl'lgemont & Budget
9/212OQ5 1; 17 PM
MiehllelSmykOW1llti
Mllnllgemen1' & Budget Dlrecctor
DlIte
Appruved By
County Manll[lflr's Officlt
Of1lc:e of MaoillgslIlt,.,t & BtllJ"flt
$116(20053:50 PM
Approved B,y
Jamew V. Mudd
Board of County
Commlasionlllr&
County Mlmager
Pot.
Cot,Jnty Manager'. Office
9/612005 "':11 PM
Agenda Item No. 16C11
September 13, 2005
Page 1 of 3
EXECUTIVE SUMMARY
Reeommendation to approve Budget Amendment to mnsfer funds in the amount of $50,000
from Project 725061, North County Water Reclamation Facility (NCWRF), Renew Sludge
Pump Rooms and 550,000.00 from Projeet 725112, NCWRF Repair and Replacement (R&R)
Oxidation Ditch to a new Project 739661, NCWRF Bleach System Rellabtuty Upgrades.
OBJECTIVE: The public purpose is to enhance the reliability and safety of the chlorine bleach
system at the North County Water Reclamation Facility (NCWRF) and to enhance the operator
ability to manage and control the amount of bleach that each chlorine contact chamber receives to
ensure compliance with regulatory provisions.
CONSIDERATIONS: The scope of this project is to have a reliable, hypochlorite solution line
from the hypochlorite storage/feed facility to the distribution manifold and from the manifold to
feed all individual new chlorine contact chambers. The existing pipeline will be retrofitted with
flow meters in order to compare flows at the supply point and at the application point to ascertain
whether leaks are inherent in the system. A day tank and three metering pumps will be added near
the chlorine contact chambers. The existing supply line will feed the day tank and then from the day
tank, chlorine will be fed by the metering pumps to the individual contact chambers. Design for this
project is almost complete and the funds requested are for construction work and construction
engineering and inspection (CEI) services. Project 729661, NCWRF Bleach System Reliability
Upgrades is consistent with the intent of the 2003 update to the Waste Water Master Plan as
adopted by the Board on May 25, 2004 as Agenda Item 10C. The project will have a construction
cost of $100,000
The Clerk's Finance and Accounting Division has reviewed the information contained in this
Executive Summary.
FISCAL IMPACT: Funds in the amount of $100,000 are available in project 725061 NCWRF
Renew Sludge Pump Rooms ($50,000) and project 725112 NCWRF R&R Oxidation Ditch.
($50,000). Funding source is Wastewater (414) User Fees.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with
this Executive Summary.
RECOMMENDATION: Staff recommends that The Board of County Commissioners, as Ex-officio
governing board for the Collier County Water-Sewer District approve the necessary budget amendment,
and approve and authorize project 729661 in the amount of $1 00,000.
PREPARED BY: Dayne Atkinson, Project Manager, Public Utilities Engineering.
-
'tem Number:
1_ Summary:
Meeting 0"':
Agenda Item No, 16Cl1
Seplember13, 2005
Page 2 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16Cll
Rllcommendation to "pprove Budget Amendment to tranll1er fundi;; in the amount of 550,000
from Project 725061 . North County Water Reclamation Facility (NCWRF). Renew SludOe
Pump Roome and $50,000.00 from Project 72~112, NCWRF Reptlr and Replacement (R,&R)
Oxidation Ditch to t'l new Projec! 739S61 , NCWRF Bleach SY'&tell1 R"Hebjl~y UplJff'O"-
9/1312005900:00 AM
PrincipAl Project ManRg6r
0"'.
Approved B)'
Wilham D. MuUln, PE
PubUe UtllltiOl
Public Utilities EnglneBflng
811Z12005 1:21 PM
0...
Approved By
S..ve Carnell
Admlnlstr.tlve Servicn
Purchasing/General Svc. Director
Purchasing
1tt1212006 2~23 PM
G. George Yllml.l!
Interim WuwW.tlIr Director
0...
8/12/2:0052:&1 PM
AIJprnved B)'
Public Utilities
W,QAClW.wtef
Aflproved B)'
Thomas WlOO5
Public Utiliti..
Operatlon~ OIrc;!c1or
0"'.
Public L1tlllties Operation.
U/1612006 9:33 AM
Roy B. Anderson. P .E.
PlJblk: Utilities Engineering DIrector
OAte
Apprond By
Public Utllltin
Pl.lblic lIUIIU8. Englneet'ing
8/19120058:42 AM
Approved B)'
Jal1'le$ W. DeLon)l
Public UtlUtles
Public Utll/tJet>> Adminiltrator
D...
Public UtUlti,.. Admlni.trfttion
8/2S/Z00S 3:45 PM
Adminlltratlve Asalllt6lnt
0...
AplJro\'ed By
OMS Coordlnlltor
County Manager'. OfficQ
Office of ManllgCmlllnt & audgei
812B12006 9;15 AM
Senior ManagementlBudgot Analyst
DAte
8/30/20011 8:56 AM
Apprond By
Su'San Usher
County Manager'1. ottic\!!'
Offlco 01 Man.g~nwnt & Budgwt
Om.
A ppro\'ed B)'
Mlch.ool Sn1y~owlkj
County MlIMtJ""S Offi".,
M,Qnllgcrnont & Budget Director
Ofllee of Management & Budget
6/3112OD512:48 PM
County Manager
Om.
A Pllro\'cd By
Ja",*" V, Mudd
Board 01 County
Commlulonen;
County Manager', Office
81J1/2005 2:12 PM
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Agenda Item No. 16D1
September 13, 2005
Page 1 of 7
EXECUTIVE SUMMARY
Recommendation to authorize the Chairman to sign the Grant Agreement for
Project Number 06-PLC-04, granting $500,000 to enlarge the Golden Gate Branch
Library.
OBJECTIVE: Obtain signature of the Chairman of the Board of County Commissioners
on the attached 'Grant Agreement', permitting the Collier County Public Library to
receive a State Library Construction Grant, Project Number 06-PLC-04, for the purpose
of enlarging the Golden Gate Branch Library.
CONSIDERATIONS: The Board of County Commissioners approved the architectural
contract for the expansion design work with Barany Schmitt Summers Weaver and
Partners, Inc., September 9,2003. (Item 16F1, #6.) The BCC approved the State Library
Construction Grant Application at its regular meeting on March 23, 2004. (Item # 16D2.)
On July 19, 2005 the Collier County Public Library was notified by the Florida
Department of State, Division of Library and Information Services, that the Grant request
has been funded.
The Grant Agreement is the document required by the State Library to receive funds
granted in the amount of $500,000 and must be submitted to the Division of Library and
Information Services no later than September 30, 2005.
A contract for construction must be awarded no later than December 23,2006.
FISCAL IMPACT: Local funds in the amount of $3,500,000 have been requested from
the Library's Impact Fee Fund (Fund 355) during the regular budget process.
GROWTH MANAGEMENT IMPACT: Construction of the additional library space in
Golden Gate will help maintain the minimum floor space standard of .33 square feet per
person, established by the Growth Management Plan..
RECOMMENDATION: Staff recommends that the Board approve the 'Grant
Agreement', and provide authority to the Chairman to execute the agreement.
Executive Summary Prepared by Kathleen Teaze, Assistant Library Director.
,_.
Item Number:
110m Summary:
-8 Dote:
Agenda Item No. 16D1
September 13, 2005
Page 2 ot1
COLLIER COUNTY
BOARD Of COUNTY COMMISSIONERS
16D'
Recommendahon 10 au1hClrize the Ch_irman to sign the Grant Agreement 1'or Collie, County
LIbrary Public library Conttruction Project Number 06wPLC-04, permitting thti Collier County
Public LIbrary to recei\ll2' 5500.000 awarded by Grant to enlarge tl1e G~den Gate Branoh
Ubrary
911 ~12005 9:00:00 AM
Anlstant Dlr4ilClOr
Date
Prepared By
KathllMtn Te81ll'
Publll;'. S.rvices
L1br.ry
8123120061:06:56 PM
Executive SKretlilry
Dare
Apprmred B)-'
Kathy Carpenter
Public ServIces
Public $ervie<<Hll Admin,
anJl2006 2:57 PM
M,Qrlane J. Foard
Grants Coordinator
Oat.
Approved By
Administrative 81ltfvlcQllo
Admlnl.trltlve Stlfvlolll. Admin,
812<tJ200n 3:14 PM
Ron Hovell
Oat.
Approved By
Administrative Servtces
Principal Project MlInagcr
F ll.olflthtllS MIInlll:9"lmnl
0125/20063:51 PM
Approved By
Marilyn Mlrtthes
Public SlIl'Yices
Library Anisbmt Director
Dote
library
al2512OO5 4:39 PM
MI:r111 Ralmlley
Public Sill'rviae' Admlniitr4tQr
D...
Approved B)'
Public Service,
Public SGtVlcos Admin.
a/2512005 4:50 PM
Approved By
OMB CoordInator
County Manager''I Office
AdmlnlstrBtlve Ani.tant
Oat.
Offico or Manllgement & Budgm
612912.006 9:27 AM
SliImor Managemcnt1Budget An.olY'I1
Oat.
AI,proved By
Susan Usher
County Manager''I Ottice
omco of MlInllglllTllltnt & Budget
8130120059:16 AM
ManAgement & Budget DlrGctor
Oat.
Apl)rOved B3'
MIchael Smykow.kl
County Manager's OfficI!'
01'f1~ of M.magement & Budget
a/30IZOO512:~ PM
County Manager
Date
Apllroved 8)'
Jmme. V. Mudd
Board of County
CDmmi..loI181$
County MlInlilger'. Dtfic*
8130/20066;27 PM
Agenda Item No. 1601
September 13, 2005
Page 3 of 7
PROJECT N1.JMBER: 06-PLC-04
FLORIDA DEPARTMENT OF STATE
DMSION OF LIBRARY AND INFORMATION SERVICES
PUBLIC LIBRARY CONSTRUCTION
GRANT AGREEMENT
This AGREEMENT, executed and entered into
BETWEEN the State of Florida, Department of State, Division of Library and Information Services, hereinafter
Referred to as the DMSION, and Collier County Board of County Commissioners, hereinafter referred to as the
GRANTEE.
the PROJECT:
Golden Gate Branch Library
Five hundred thousand dollars ($500,000)
the GRANT AMOUNT:
Unless there is a change of address, any notice required by this agreement shall be delivered to the Division of Library
and Infonnation Services, 500 South Bronough Street, Tallahassee, Florida 32399-0250, for the State, and to Collier
County Board of County Commissioners, 2385 Orange Blossom Drive, Naples, FL, 34109, for the GRANTEE. In
the event of a change of address, it is the obligation of the moving party to notifY the other party in writing of the
change of address.
The DIVISION, as administrator of state funds provided under Section 257.191, Florida Statutes, has approved an
application for public library construction funds submitted by the GRANTEE, which application is by reference herein
made a part of this agreement. The GRANTEE, acting under the authority vested in it for the establishment and
maintenance of a free public library, has applied for construction funds. The DMSION and the GRANTEE are
willing to cooperate for the implementation of a public ltbrary construction project.
The parties hereto agree as follows:
I. The GRANTEE agrees:
A. To provide sufficient, eligible and unencwnbered funds to be used for public ltbrary construction.
B. To provide an approved site and building plans and specifications prepared by a licensed architect.
Submit the final drawings and specifications to the DMSION for review prior to the award of a
construction contract. Award a construction contract within 540 days from the date of the grant award.
C. To provide and maintain competent and adequate engineering or architectural supervision and
inspection at the construction site to ensure that the completed work conforms with the approved plans
and specifications and will furnish progress reports and such other information as may be required by
the DMSION.
D. To expend all grant funds received under this agreement solely for the purposes for which they were
authorized and appropriated Expenditures from grant funds shall not be made for general operating
expenses such as salaries, travel, personnel, or office supplies. Grant funds will not be used for
lobbying the Legislature, the judicial branch or any state agency.
E. To submit changes in the construction contract to the DIVISION for approval if they:
1. alter the approved building floor space or space relationships;
2. alter the approved function or services of any part of a facility;
3. change the location, size, or quantity of any approved fixed equipment;
4. transfer funds from the approved equipment budget to the construction budget, or vice versa;
Page 1 of5
Agenda Item No. 16D1
September 13, 2005
Page 4 of 7
5. affect design life safety features of the facility or requirements for elimination ofarclritectural
barriers for the handicapped.
F. To include in the construction contract provisions for a perfonnance and Payment Bond and other
financial assurances as to the contractor's ability to comply with said contract provisions, pursuant to
Section 255.05, Florida Statutes.
G. To establish and maintain a proper accounting system in accordance with generally accepted. accounting
principles.
H. To provide the DIVISION, through any authorized representative, access to the site and access to and
the right to examine all records, books, papers, or other documents related to the PROJECT.
I. To notify the DIVISION of the date and time of final inspection in order to afford DMSION
participation in such inspection for purpose of concurring in the final acceptance of the building.
J. To provide, without discrimination, free use of the hbrary services to all residents of the area served.
K. That it will not discriminate against any employee employed in the performance of this agreement, or
against any applicant for employment because of race, creed. color, handicap, national origin, or sex.
The GRANTEE shall insert a similar provision in all subcontracts for services by this agreement
L. To comply with the Executive Order 11988, Flood Plain Management
M. To comply with the provisions of Section 257.191, Florida Statutes, and the regulations implementing
the law, including Sections 553.501-553.513, Florida Statutes, relating to accessibility by persons with
disabilities, and the Americans with Disabilities Act of 1990.
N. To the use of the building exclusively for the public library purposes for which constructed or altered.
A change in its use must be approved by the DIVISION.
O. In the event that the GRANTEE expends a total amount of State awards (i.e., State financial assistance
provided to the GRANTEE 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; applicable roles of the Executive Office
of the Governor and the Comptroller, and Chapter 10.600, Rules of the Auditor General. In
determining the State awards expended in its fiscal year, the GRANTEE shall consider all sources of
State awards, including State funds received from the DIVISION, except that State awards received by
a nonstate entity for Federal program matching requiring shall be excluded from consideration.
In connection with the audit requirements addressed in the paragraph above, the GRANTEE shall
ensW'e 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(7)(f), Florida Statutes, and
Chapter 10.600, Rules of the Auditor General.
If the GRANTEE expends less than $500,000 in State awards 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 awards 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 (i.e.. the cost of such an audit must be paid from recipient funds
obtained from other than State entities).
Page 2 of5
Agenda Item No. 1601
September 13, 2005
Page 5 of 7
II. The DIVISION agrees to:
A. Provide funds, in accordance with the tenns of this agreement and to the extent that the appropriation
for this project is released to the DNISION for the PROJECT. Should the GRANTEE fail to expend
the amount oflocal funds certified in the application, the DMSION will match the local funds on a
dollar for dollar basis to a maximwn of the grant award.
B. Make payments according to the schedule contained in the Libraty Construction Guidelines and
Application packet, subject to any special conditions stipulated by the Office of the Comptroller, State
of Florida.
C. Conduct a periodic check of the PROJECT, including participation in the final inspection, when
feasible.
III. The GRANTEE and the DMSION mutually agree that:
A. This instrwnent embodies the whole agreement of the parties. There are no provisions, terms,
conditions, or obligations other than those contained herein; and this agreement shall supersede all
previous communication, representation, or agreement, either verbal or written between the parties. No
amendment shall be effective unless reduced in writing and signed by the parties.
B. The agreement is executed and entered into in the State of Florida, and shall be construed, performed,
and enforced in all respects in accordance with the laws and rules of the State of Florida. Each party
shall perform its obligations hereunder in accordance with the terms and conditions of this agreement.
C. If any term or provision of the agreement is found to be illegal and unenforceable, the remainder of the
agreement shall remain in full force and effect and such tenn of provision shall be deemed stricken.
D. The DIVISION shall demand the return of monies delivered and withhold subsequent payments if violations
occur which disqualify the project from the grant under which they were provided, if monies were
improperly expended or managed or if records of proper expenditure are not prepared, preserved or
surrendered as required by this agreement.
E. No delay or omission to exercise any right, power or remedy accming to either party upon breach or default
by either party under this agreement, shall impair any such right, power or remedy of either party; nor sha1l
such delay or omission be construed as a waiver of any such breach or default, or any similar breach or
default.
F. This agreement shall be terminated by the DIVISION because offailure of the GRANTEE to fulfill its
obligations under this agreement in a timely and satisfactory manner unless the GRANTEE demonstrates
good cause as to why it cannot fulfill its obligations. Satisfaction of obligations by the GRANTEE shall be
determined by the DMSION based. on the tenns and conditions imposed on the GRANTEE in this
agreement and compliance with the program guidelines. The DNISION shall provide the GRANTEE a
written notice of default letter. GRANTEE shall have 15 calendar days to cure the default. If the default is
not cured by the GRANTEE within the stated period. the DMSION shall terminate this agreement, unless
the GRANTEE demonstrates good cause as to why it cannot cure the default within the prescn"bed time
period. For purposes of this agreement, "good cause" is defined as circumstances beyond the GRANTEE'S
control. In the event of termination of this agreement, the GRANTEE will be compensated for any worle
satisfactorily completed prior to the notification of termination.
G. The DIVISION shall cancel this Agreement in the event that the GRANTEE refuses to allow public access
to all docwnents or other materials subject to the provisions of Chapter 119, Florida Statutes, and made or
received by the GRANTEE.
Page 3 of5
Agenda Item No. 16D1
September 13, 2005
Page 6 of 7
H. The State of Florida's perfonnance and obligation to pay under this agreement is contingent upon an annual
appropriation by the legislature. In the event that the state funds on which this agreement is dependent are
withdrawn, this agreement is terminated and the state has no further liability to the GRANTEE, beyond that
already incurred by the termination date. In the event of a state revenue shortfall, the grant will be reduced
in accordance with Section 257.195, F70rida Statutes.
I. Bills for fees and services must be maintained in detail sufficient for a proper preaudit and postaudit thereof.
J. Unless authorized by law and agreed to in writing by the DIVISION, the DIVISION shall not be liable to
pay attomey fees, interest or the cost of collection.
K. The DIVISION shall not assume any liability for the acts, omissions to act or negligence of the GRANTEE,
its agents, servants or employees; nor shall the GRANTEE exclude liability for its own acts, omissions to act
or negligence to the DIVISION. In addition, the GRANTEE hereby agrees to be responsible for any injury
or property damage resulting from any activities conducted by the GRANTEE.
L. The GRANTEE, other than a GRANTEE which is the State or agency or subdivision of the State, agrees to
indemnify and hold the DIVISION harmless from and against any and all claims or demands for damages of
any nature, including but not limited to personal injury, death, or damage to property, arising out of any
activities performed under this agreement and shall investigate all claims at its own expense.
M. The GRANTEE shall be responSIble for all work performed and all expenses incurred in connection
with the Project. The GRANTEE 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 such subcontract has been approved by the DIVISION prior to its execution, and
PROVIDED THAT it is understood by the GRANTEE that the DIVISION shall not be liable to the
subcontractor for any expenses or liabilities incurred under the subcontract and that the GRANfEE
shall be solely liable to the Subcontractor for all expenses and liabilities incurred under the subcontract.
N. Neither the State nor any agency or subdivision of the State waives any defense of sovereign immunity,
or increases the limits of its liability, upon entering into a contractual relationship.
O. The GRANTEE, its officers, agents and employees, in perfonnance of this agreement shall act in the
capacity of an independent contractor and not as an officer, employee or agent of the DIVISION.
GRANTEE is not entitled to accrue any benefits of state employment, including retirement benefits and
any other rights or privileges connected with employment in the State Career Service. GRANTEE
agrees to take such steps as may be necessary to ensure that each subcontractor of the GRANTEE will
be deemed to be an independent contractor and will not be considered or permitted to be an agent,
servant, joint venturer, or partner of the DIVISION.
P. The GRANTEE shall not assign, sublicense or otherwise transfer its rights, duties, or obligations
under this agreement without prior written consent of the DIVISION, which consent shall not be
unreasonably withheld. The agreement transferee must demonstrate compliance with the
requirements of the program. If the DIVISION approves a transfer of the GRANTEE'S obligations,
the GRANTEE remains responsible for all work performed and all expenses incurred in connection
with the agreement. In the event the Legislature transfers the rights, duties, and obligations of the
DIVISION to another government entity pursuant to section 20.06, Florida Statutes, or otherwise,
the rights, duties, and obligations under this agreement shall also be transferred to the successor
government entity as if it were an original party to the agreement.
Q. This agreement shall bind the successors, assigns and legal representatives of the GRANTEE and of
any legal entity that succeeds to the obligation of the DIVISION.
R. The tenn of this agreement will commence on the date of execution of the agreement.
Page 4 of5
Board of County Commissioner,
Collier County, Florida,
THE GRANTEE
Signature of Authorized Official
Fred W. Coyle, Chainnan
Typed Name and Title of Authorized Official
Revised 08/19/05
Page 5 of5
Agenda Item No. 1601
September 13, 2005
Page 7 of 7
THE DMSrON
Dave Mann
Deputy Secretary of State/Custodian of State Records
Department of State, State of Florida
Witness
Witness
."...-
....-.
,-'
Agenda Item No. 16D2
September 13, 2005
Page 1 of 2
EXECUTIVE SUMMARY
Recommendation to accept donated funds in the amount of $52.04 and approve a
budget amendment recognizing the revenue and appropriating funds for East
Naples Community Park
Obiective: To enhance recreation programs through private contributions.
Considerations: The Friends of the Parks of Collier County volunteer group of East Naples
Community Park has donated $52.04 for enhancement of recreation programming.
Staff has prepared a budget amendment that recognizes this amount in revenue and appropriates
it to the East Naples Community Park fund center within the Parks and Recreation budget.
Fiscal ImDact: Approving this budget amendment will increase the Parks and Recreation
Department East Naples Community Park FY 05 budget by $52.04.
Growth Manaaement ImDact: No growth management impact is associated with this action.
Recommendation: That the Collier County Board of County Commissioners accepts the
donated funds and approves the necessary budget amendment.
PreDared Bv: Amanda O. Townsend, Operations Analyst, Parks and Recreation Department
Item Number:
Item Summary:
Moellng DIlIo:
Agenda Item No 1602
September 13, 2005
Pagtl 2 01 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
1602
Recommendation 10 tu:.:cept donated funds ill the nmQunt of $.52.0. and approve. budget
ftmelldment re,:ol:lt1izing the revenue and appropriating funal'! tor East Naplea Community
Park
9/1312005900:00 AM
Exccutl..... BecretAry
D'"
8129/200fl10~47 AM
Appro'Ved By
Kathy Carponter
Public Servioea
Public SoNic" Admin.
Murdo Smith
Beach 8lInd Water Superintendent
Dol.
Approved By
PubHc Service..
Parks Qnd Reereatlon
812012005 4:01 PM
Marlll RarMl<Y
Public Servlees Administrator
0...
Appro'Vcd By
Public Setvh:e,
PubHc Servic.. Admin
al29/2OM .~08 PM
OMB Coordinator
Administrative: Auistant
D...
Approved By
County Manager's Office
Office of Managmmont" 8udQGt
8130120015 10:51 AM
Approved By
Gary A. Vincent
County ""antlger's Offt~
Managernt)l1t & BUCigll't Analyat
Dol.
OffIce of Manag.mllnt' & Budget
81'31/200612:41 PM
0...
^IJpro'Vcd By
Mich8e1 Sm}lkowllkl
County Managor'. Office
ManMgemttnt & Budget Dlrea10r
Of'fiCfll 01' Management & Budget
8131120051:11 PM
County MlAnnger
Da1e
A))proved By
Jalnl!l'e: V. Mudd
BO.llrd of County
Commlsllloners
County Manager'. onlCfl
8'3112005 2:04 PM
Agenda Item No. 1603
September 13, 2005
Page 1 of 31
EXECUTIVE SUMMARY
Recommendation to accept the Library Long Range and Technology Plans and the current
year Action Plan and authorize the Chairman to sign the FY 2005-2006 State Aid to
Libraries Grant Application permitting the Collier County Public Library to apply for
State Aid to Libraries.
OBJECTIVE: Obtain acceptance of the Library Long Range and Technology Plans and current
year action plan and signature of the Chairman of the Board of County Commissioners on the
attached "FY 2005-2006 State Aid to Libraries Grant Application".
CONSIDERATIONS: Collier County Public Library qualifies for State Aid to Libraries under
Chapter 257 of the Florida Statutes. The Florida Department of State, Division of Library and
Information Services administers this program. The Application, Long Range Plan, Technology
Plan and the current year action plan are requirements to receive the Sate funding. The Board has
approved submission of the Application for State Aid and associated contracts and documents
for over two decades. State Aid for FY 2006 was anticipated in the County's FY 2006 budget as
Library Grant Fund (129) revenue.
State Aid is available to Florida public library systems that qualify as a result of meeting
minimum requirements as stipulated in F.S. Chapter 257 and Chapter IB-2 Florida
Administrative Code. The grant amount is calculated by means of a formula that considers: (1)
...--. the amount of local funds appropriated for the Library adjusted by a factor based upon the
amount of revenue one mill levy in the jurisdiction would generate, (2) the number of library
systems in Florida that qualify in a given year, and (3) the total amount made available by the
State Legislature to improve library services within the State, and is intended to supplement,
rather than replace, local effort towards that end.
State Aid may not be used to fund capital construction. It may be used for operating
purposes and equipment.
FISCAL IMPACT: State Aid was included as anticipated revenue (estimated $375,000) in the
FY 2006 Library Grant Fund (129). The actual amount likely to be received may be slightly
more or less. A budget amendment will be prepared to authorize the expenditure of the
difference once a final figure is available. Funds that result from this particular application will
not arrive until FY 2005-2006.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: Staff recommends that the Board accept the Library Long Range and
Technology Plans and the current year action plan, and authorize the Chairman to sign the
application for State Aid, and approve submission to Florida Department of State, Division of
Library and Information Services.
Prepared by: Kathleen Teaze, Assistant Director
,-
Item Numb<<:
Item &ummlry:
MHllnG D"':
Agenda Item NO.1 6D3
Septembar 13, 2005
Page 2 of 31
COLLIER COUNTY
BOARO OF COUNTY COMMISSIONERS
1603
Recommendation to 8ccept the UbflllfY Long Rengt;l fmd Technology Plana Bnd the current
year Action ~an Inclauthorize the Chairmen to .ign the FY 2005.2006 Stale Aid to Ubralies
GrDnt Applloation pcnnlttlng thP. Collier County Put.tlic Ubrllry to apply lor State Aid to
Uhnules
9/1 ~'2005 9:00:00 AM
A...lst8nI0ire<:tor
Dale
Prepared By
KathlMn TeaJ:e
Publle Servicew
L1br.y
8/2412005 3:1$l;:W PM
library M&lstant Director
Dale
Approved B)'
Marilyn Matthes
Public SGlVi(:et,
Library
812:612Q05 4:40 PM
Marlene J. Ftlord
Granm CQord~nlltor
Dale
8/2eI200!' 10:21 AM
Appro\'Cd B)'
Adlulnltrtratlve hr."I<l"....
AdmlnlstratlvlO" SCl'r'lICC5 Admin.
Kathy Carptllnt.r
EX(lIQutivo Socrotary
D...
812612005 1:01 PM
Approved By
Public: Services
PubBc: S.rvices. Adm~n.
MariA RatMey
Public: 5erviCtl5 Administrator
Date
Approved By
PUlllic Servicei'
Publlr; Servfcea Admin.
6129120054:52 PM
Appruved B)'
OM8 Caordinator
County Man..ger'lI Office
Admlnistnrt!vto As.istant
Oate
G:aryA.V[mlent
om~ of Ma,,,,.gernent & Budget
8/301200510:54 AM
Apllrond B)'
County Manager" Offioll
Manllgtfment & Budget Analy.t
OffIce of Management & Budget
Dolo
9/1/200611:09 AM
MichacH Smytl.owlkl
Dal.
Approved By
County Manager" Office
MlnagGnliI!Int & Budget Oil'tlletor
Officill' of Ml1nogoment & Budgot
911/20051:55 PM
Appru\'cd B~'
Jal'l"lOs V. Mudd
Board of County
Commiulon81'$
County MllInlg&r
Dal.
County Manat:Jer'. Offtco
11:/1(2005 8~45 PM
Agenda Item No. 16D3
September 13, 2005
Page 3 of 31
FLORIDA DEPARTMENT OF STATE
DIVISION OF LIBRARY AND INFORMATION SERVICES
FY2005-2006 STATE AID TO LIBRARIES GRANT APPLICATION
File by October 1, 2005
Check One:
X Single County Library
Municipal Library
County Participating in a Multicounty Library
The Board of County Commissioners, Collier County Florida
(name of library governing body)
governing body for the
Collier County Public Library
(name of county or municipal library)
Complete either Section 1A or 1 B as applicable.
1 A Certification of Local Operating Expenditures
We hereby certify that the following total funds from local sources were expended
centrally during the fiscal year beginning October 1,2003 and ending
September 30, 2004 for the operation and maintenance of a library under the
provisions outlined in Chapter 257.14 - 257.25, Florida Statutes, and guidelines for
the State Aid to Libraries Grant Program.
We further certify that the amount listed below does not include funds received from
the federal government; funds received from state government; or funds used for
purchase or construction of a library building or library quarters. Such funds are not
eligible to be used as local match for State Aid applications under Chapter 257,
Florida Statutes, and guidelines for the State Aid to Libraries Grant Program.
Total local funds expended centrally by the library for the operation and
maintenance of a library between October 1, 2003 and September 30, 2004.
L7,260,540
Agenda Item No. 16D3
September 13, 2005
Page 4 of 31
Library Name: Collier County Public Librarv
1 B Certification of Local Operating Appropriations
(Complete this section onlv if the applicant is a newly established public library in
the first two years of operation.)
We hereby certify that the following total funds from local sources are appropriated
to be expended centrally during the fiscal year beginning October 1, 2005 and
ending September 30,2006 for the operation and maintenance of a library under
the provisions outlined in Chapter 257.14 - 257.25, Florida Statutes, and guidelines
for the State Aid to Libraries Grant Program.
We further certify that the amount listed below does not include funds received from
the federal government; funds received from state government; or funds used for
purchase or construction of a library building or library quarters. Such funds are not
eligible to be used as local match for State Aid applications under Chapter 257,
Florida Statutes, and guidelines for the State Aid to Libraries Grant Program.
Total local funds appropriated to be expended centrally by the library for the
operation and maintenance of a library between October 1, 2005 and
September 30, 2006.
~ 8,091,300
SIGNATURES:
Single Library Administrative Head
Library Finance Manager
Typed Name
Typed Name
Date
Date
FLORIDA DEPARTMENT OF STATE
DIVISION OF LIBRARY AND INFORMATION SERVICES
Agenda Item No. 1603
September 13, 2005
Page 5 of 31
EXPENDITURE OR APPROPRIATION REPORT
Library Name: Collier County Public Library
II. Check Applicable
_X_ Expenditure Report - October 1, 2003- September 30, 2004
_ Appropriation Report - October 1, 2005 - September 30, 2006
(Provide appropriation onlv if the applicant is a newly established public library in the
first two years of operation.)
EXPENDITUREI FUNDING OR REVENUE SOURCES: TOTAL
APPROPRIATION
CATEGORY
LOCAL STATE FEDERAL OTHER
10 Personal 5,004,082 N/A N/A N/A 5,004,082
Services
30 Operating 1,346,496 242,068 N/A N/A 1,588,564
Expenses
60 Capital Outlay 909,962 141,609 N/A N/A 1,051,570
(Non-Fixed)
Other N/A, N/A N/A N/A N/A
Total for the 7,260,540 383,677 N/A NA 7,644,217
operation &
maintenance of the
library (Record this
amount on page 1)
60 Capital Outlay 248,486 N/A N/A N/A 248,486
(Fixed, including
purchase or
construction of a
library building or
quarters)
Agenda Item No. 16D3
September 13, 2005
Page 6 of 31
FLORIDA DEPARTMENT OF STATE
DIVISION OF LIBRARY AND INFORMATION SERVICES
2005.2006 STATE AID TO LIBRARIES GRANT APPLICATION
Certification of Credentials. Single Library Administrative Head
File by October 1, 2005
The Board of County Commissioners. Collier County Florida
(name of library governing body)
governing body for the Collier County Public Librarv
(name of library)
hereby certifies that the incumbent single library administrative head,
Marilyn K. Matthes
(name of incumbent)
. Has completed a library education program accredited by the American Library
Association; and
. Has at least two years full-time paid professional experience, after completing the
library education program, in a public library that is open to the public for a
minimum of 40 hours per week.
Signature
ATTEST:
DWIGHT E. BROCK, Clerk
COMMISSIONERS,
By:
BOARD OF COUNTY
Deputy Clerk
COLLIER COUNTY, FLORIDA.
By:
FRED W. COYLE, Chairman
Approved at to form and legal sufficiency:
By:
Assistant County Attorney
Date
Agenda Item No. 16D3
September 13, 2005
Page 7 of 31
Florida Department of State, Division of Library and Information Services
STATE AID TO LIBRARIES GRANT AGREEMENT
The Applicant (Grantee)
Board of County Commissioners. Collier County. Florida
(Name of library governing body)
Governing body for
Collier County Public Library
(Name of library)
hereby makes application and certifies eligibility for receipt of grants authorized under
Chapter 257, Florida Statutes and guidelines for the State Aid to Libraries Grant Program.
I. The Grantee agrees to:
a. Expend all grant funds awarded and perform all acts in connection with this
agreement in full compliance with the terms and conditions of Chapter 257, Florida
Statutes, and guidelines for the State Aid to Libraries Grant Program. Funds will
not be used for lobbying the legislature, the judicial branch, or any state agency.
b. Provide the Division of Library and Information Services (DIVISION) with statistical,
narrative, financial, and other reports as requested.
c. Not discriminate against any employee employed in the performance of this
agreement, or against any applicant for employment because of race, color,
religion, gender, national origin, age, handicap, or marital status. The Grantee
shall insert a similar provision in all subcontracts for services by this agreement.
d. Retain all records for a period of 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 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 regular 5 year period, whichever is
later.
e. In the event that the GRANTEE expends a total amount of State awards (Le.,
State financial assistance provided to the GRANTEE 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; applicable rules of the
Executive Office of the Governor and the Comptroller, and Chapter 10.550,
Rules of the Auditor General. In determining the State awards expended in its
fiscal year, the GRANTEE shall consider all sources of State awards, including
State funds received from the Florida Department of State, except that State
awards received by a nonstate entity for Federal program matching requirements
shall be excluded from consideration.
In connection with the audit requirements addressed in Section e, paragraph 1,
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.
If the Grantee expends less than $500,000 in State awards in its fiscal year, an
audit conducted in accordance with the provisions of Section 215.97, Florida
Agenda Item No. 16D3
September 13, 2005
Page 8 of 31
Statutes, is not required. In the event that the GRANTEE expends less than
$500,000 in State awards 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).
f. Identify an individual or position with the authority to make minor modifications to
the application, if necessary, prior to execution of the agreement.
II. The DIVISION agrees to:
a. Provide a grant in accordance with the terms of this agreement in consideration of
the Grantee's performance hereinunder, and contingent upon an annual
appropriation by the Legislature. In the event that the state funds on which this
agreement is dependent are withdrawn, this agreement is terminated and the
DIVISION has no further liability to the Grantee beyond that already incurred by the
termination date. In the event of a state revenue shortfall, Operating Grants shall
be reduced in accordance with Section 257.195, Florida Statutes.
b. Notify the grantee of the grant award after review and approval of required
documents. The grant amount shall be calculated in accordance with Chapter
257, Florida Statutes and guidelines for the State Aid to Libraries Grant Program.
c. Distribute grant funds in two payments. The first payment will be requested by the
DIVISION from the Comptroller upon execution of the agreement. The remaining
payment will be made by June 30.
III. The Grantee and the DIVISION mutually agree that:
a. This instrument embodies the whole agreement of the parties. There are no
provisions, terms, conditions, or obligations other than those contained herein; and
this agreement shall supersede all previous communications, representation, or
agreements either verbal or written, between the parties. No amendment shall be
effective unless reduced in writing and signed by the parties.
b. The agreement is executed and entered into in the State of Florida, and shall be
construed, performed, and enforced in all respects in accordance with the laws and
rules of the State of Florida. Each party shall perform its obligations hereunder in
accordance with the terms and conditions of this agreement.
c. If any term or provision of the agreement is found to be illegal and unenforceable,
the remainder of the agreement shall remain in full force and effect and such term
or provision shall be deemed stricken.
d. 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 shall impair any
such right, power, or remedy of either party; nor shall such delay or omission be
construed as a waiver of any such breach or default, or any similar breach or
default.
e. The DIVISION shall unilaterally cancel this agreement if the Grantee refuses to
allow public access to all documents or other materials subject to the provisions of
Chapter 119, Florida Statutes.
f. Unless authorized by law and agreed to in writing by the DIVISION, the DIVISION
shall not be liable to pay attorney fees, interest, or cost of collection.
Agenda Item No. 1603
September 13, 2005
Page 9 of 31
g. The DIVISION shall not assume any liability for the acts, omissions to act or
negligence of the Grantee, its agents, servants or employees; nor shall the
Grantee exclude liability for its own acts, omissions to act or negligence to the
DIVISION. In addition, the Grantee hereby agrees to be responsible for any injury
or property damage resulting from any activities conducted by the Grantee.
h. The Grantee, other than a Grantee which is the State or agency or subdivision of
the State, agrees to indemnify and hold the DIVISION harmless from and against
any and all claims or demands for damages of any nature, including but not limited
to personal injury, death, or damage to property, arising out of any activities
performed under this agreement and shall investigate all claims at its own
expense.
i. Neither the State nor any agency or subdivision of the State waives any defense of
sovereign immunity, or increases the limits of its liability, upon entering into a
contractual relationship.
j. The Grantee, its officers, agents, and employees, in performance of this
agreement, shall act in the capacity of an independent contractor and not as an
officer, employee or agent of the DIVISION. Under this agreement, Grantee is not
entitled to accrue any benefits of state employment, including retirement benefits
and any other rights or privileges connected with employment in the State Career
Service. Grantee agrees to take such steps as may be necessary to ensure that
each subcontractor of the Grantee will be deemed to be an independent contractor
and will not be considered or permitted to be an agent, servant, joint venturer, or
partner of the DIVISION.
k. The Grantee shall not assign, sublicense, nor otherwise transfer its rights, duties,
or obligations under this agreement without the prior written consent of the
DIVISION, whose consent shall not unreasonably be withheld. The agreement
transferee must demonstrate compliance with the requirements of the program. If
the DIVISION approves a transfer of the Grantee's obligations, the Grantee
remains responsible for all work performed and all expenses incurred in connection
with the Agreement. In the event the Legislature transfers the rights, duties, or
obligations of the Department to another governmental entity pursuant to section
20.60, Florida Statutes, or otherwise, the rights, duties, and obligations under this
agreement shall also be transferred to the successor government entity as if it
were an original party to the agreement.
I. This agreement shall bind the successors, assigns and legal representatives of the
Grantee and of any legal entity that succeeds to the obligation of the DIVISION.
rn. This agreement shall be terminated by the DIVISION because of failure of the
Grantee to fulfill its obligations under the agreement in a timely and satisfactory
manner unless the Grantee demonstrates good cause as to why it cannot fulfill its
obligations. Satisfaction of obligations by Grantee shall be determined by the
DIVISION, based on the terms and conditions imposed on the Grantee in
paragraphs I and III of this agreement and guidelines for the State Aid to Libraries
Grant Program. The DIVISION shall provide Grantee a written notice of default
letter. Grantee shall have 15 calendar days to cure the default. If the default is not
cured by Grantee within the stated period, the DIVISION shall terminate this
agreement, unless the Grantee demonstrates good cause as to why it cannot cure
the default within the prescribed time period. For purposes of this agreement,
"good cause" is defined as circumstances beyond the Grantee's control. Notice
Agenda Item No. 16D3
September 13, 2005
Page 10 of 31
shall be sufficient if it is delivered to the party personally or mailed to its specified
address. In the event of termination of this agreement, the Grantee will be
compensated for any work satisfactorily completed prior to notification of
termination.
n. Unless there is a change of address, any notice required by this agreement shall
be delivered to the Division of Library and Information Services, 500 South
Bronough Street, Tallahassee, Florida 32399-0250, for the State and, for the
Grantee, to its single library administrative unit. In the event of a change of
address, it is the obligation of the moving party to notify the other party in writing of
the change of address.
IV. The term of this agreement will commence on the date of execution of the grant
agreement.
THE APPLICANT/GRANTEE
THE DIVISION
ATTEST:
Florida Department of State
Division of Library and
Information Services
COLLIER COUNTY, FLORIDA.
BOARD OF COUNTY COMMISSIONERS,
By:
Typed Name
FRED W. COYLE, Chairman
Date
By:
Witness
Deputy Clerk
Date
Approved at to form and legal sufficiency:
By:
Assistant County Attorney
Agenda Item No. 16D3
September 13, 2005
Page 11 of31
COLLIER COUNTY PUBLIC LIBRARY
Long Range Plan
2004 - 2009
Technology Long Range Plan
2004 - 2007
September 2005
Agenda Item No. 16D3
September 13, 2005
Page 12 of 31
INTRODUCTION
The Collier County Public Library is required by the State Library of Florida to develop and update
a planning document that clearly delineates the Library's role in Collier County. This long-range plan
needs to be updated on an annual basis, and is to include the long-range plans for services, facilities
and technology. It also includes the 'current year action plan' that emphasizes projects for FY06.
The Long-Range Plan for Technology is also required in order for the Library to receive Federal E-
Rate funds.
The following document has been developed to meet these requirements.
Collier County Public Library Long Range and Technology Plan . September 2005
2
Agenda Item No. 1603
September 13, 2005
Page 13 of 31
I. MISSION STATEMENT
The Collier County Public Library will systematically collect, organize and disseminate in a timely and
cost effective manner, a select collection of print and non-print materials, and services for the
informational, educational, recreational and cultural needs of the residents of Collier County.
Additionally, the Collier County Public Library will provide courteous, knowledgeable and effective
customer service in meeting the informational, educational and recreational needs of our community
that exceeds expectations.
II. BACKGROUND INFORMATION
The Library Advisory Board and the Board of County Commissioners approved the last Long Range
Plan, in 2003. Annually, they have also approved the Current Year Action Plans to maintain the
plan.
Also approved as part of the Long Range Plan, was the concept of Regional Libraries for Collier
County. Regional Library Services Centers 'were intended to provide a wider range of library
coverage to a heavily populated area or to clustered geographical areas within a fast growing or
changing population base. The idea was to replace the need for several dependent neighborhood
branches with one independent Regional Library Service Center, thus reducing the system's overall
operating costs.' 'In the standard American model, a neighborhood branch should provide 0.6 square
feet of space per capita for the identified population, have a service area not exceed a 3 mile
radius, and be staffed by 1 professional for each 10,000 people served, with 3 non professional
positions supporting the professional slot. The branch should own 2 books per capita and provide 6
day service. While this definition is somewhat static, it has been the basic model used by the
Library profession for the past 15 years. It has for much of the country been efficient, effective
and highly useful in creating a network of public Libraries which are unrivaled in the world.' (CCPL,
Long Range Plan 1996: The Role of Regional Libraries in a Developing System, p. 22)
'Using standards for full service Library centers advocated by Joseph Wheeler and Herbert
Goldhor in their work 'Practical Administration of Public Libraries, the Kansas City Libraries
developed the following standards for its Regional Libraries:'
Population of Service Area 40-70,000
Service Area 5 mile radius
Location Heavy traffic area or large grocery stores
Size 15,000 - 25,000 square feet
Hours Minimum of 69 hours per week
Parking 100 spaces
Collection Size 50,000 - 75,000 volumes
Seating capacity 125 - 150 seats
Staffinq 4 professionals, 12 non-professionals
(Collier County Public Library, Long Range Plan 1996: The Role of Regional Libraries in a Developing
System, p. 23)
Collier County Public Library Long Range and Technology Plan . September 2005
3
Agenda Item No. 16D3
September 13, 2005
Page 14 of 31
Also as part of this Long Range Plan, the Library Advisory Board and the Library Director described
Collier County Public Library as a three-tiered system. The first tier is the Central facility, or the
Headquarters Library. It is maintained and modernized, and functions as the reference center and
as a repository for the Library system. The second tier is composed of two Regional Centers, one in
the northern part of the county and the other in the southern part of the county. Each regional
center would be large enough to handle the growing populations in these areas, yet would have 25% -
30'}'o less staff than several neighborhood branch libraries. And the third tier is composed of the
neighborhood and community branches of Vanderbilt Beach, Estates, Golden Gate, Everglades City,
Marco Island, East Naples and Immokalee Branch Libraries. These neighborhood facilities will
remain stable, but no new neighborhood libraries will be constructed. When the South Regional
opens, the East Naples Branch could be moved or eliminated, depending on population growth in that
part of the County.
Since the LRP was adopted in 1996, the North Regional Library was built on Airport-Pulling Road and
Orange Blossom Drive. The Board of County Commissioners designated it as the Headquarters
Library, transforming the former Headquarters Library on Central Avenue into Naples Branch.
Circulation of the new Headquarters Library has exceeded all expectations, and surpasses each
month the circulation of the Naples Branch.
Current State of the Library:
Circulation of the system is expected to approach the 3 million mark in FY05, and perhaps exceed it
in FY06. Year-round Sunday hours were implemented in FY04 at the Headquarters Library. The
Naples Branch will continue with Sunday hours only January through Easter. Thirty professional
librarians and 82 support staff provide service at 9 library locations. Generous volunteers donate
the equivalent hours of over 10 full-time employees annually.
Library funding comes from local property taxes, impact fees paid by new construction, State Aid
to Libraries, occasional Library Services and Technology grants, E-rate reimbursements for
technology expenditures, Friends of the Library donations, and gifts from individuals. The Library
competes with other county government agencies for funding, but has enjoyed strong support of
County Administration and the Board of County Commissioners for the last 10 years.
The Library participates in the Southwest Florida Library Network (SWFLN), taking advantage of
the many continuing educational programs offered. Reciprocal borrowing agreements enable Collier
residents to use libraries in other parts of Southwest Florida that they would normally have to pay
to use. The 'Anywhere Anytime Library', through SWFLN and the Tampa Bay Library Consortium
(TBLC), enables Collier residents to directly request books from Tampa area libraries and from
libraries throughout south Florida. The State Library of Florida's' Virtual Library' project greatly
enhances the information options for Collier residents. The funding of the statewide information
databases, include Gale's Info Trac enable Collier residents to research magazine articles from their
homes and offices, as well as from Library computers.
Collier County Public Library Long Range and Technology Plan . September 2005
4
Agenda Item No. 16D3
September 13, 2005
Page 1 5 of 31
Collier County Public Library
Compared to Florida Libraries"''''
"" Standard: 1 professional and 3 non-professionals per 10,000 citizens. (ALA)
""* FY04 Statistics at:
http://dlis dos state fl us/bid/research office/2004LibrarvDirectorv/
E ... ... eS "C
Gl Gl Gl
.! fIl Q. Q.
e III .- "C
fIl c: c: c: ::I Q. ... fIl C:... fIl c:
>-l;' 0 :l III ... 0 o Gl crill o Gl GlOGl .2
l/) c: := :t:~ !. i ;:. fIl U ... Gl E ... Gl
~::I III "CQ. .!!! 0 ~... CIl >- Ea!>- 1ii
'3 c: III ~.l!l - III III !. .c 0 o.c.s! '3
III 0 !.~ ::I... ::l- Ea.
...0 Q. o .- U '- U Q. ...... U E Q. U
:5!>- 0 K CIl o Q. ... Q. .: E .c Gl ::I E a! :l E ...
l%l ~ .- III .- a! (3
...I.c ll.. wo.. Ou Oa! ...I... ZGl 0:: c: Gl
Osceola 210,438 24.75 1.64 2.96 6,498 0.41 96 84.18 623,850
St. Lucie 211,898 16.65 1.47 3.43 9,831 0.30 73.5 84.76 722,581
Alachua 231,296 39.73 3.24 11.44 14,315 0.58 185.55 92.52 2,656,318
Leon 255,500 21.84 2.1 7.92 18,475 0.47 109.5 102.20 2,023,032
Collier 292,466 21.84 1.83 9.53 26,618 0.43 104.75 116.99 2,788,262
Manatee 286,884 19.02 1.27 5.37 19,944 0.34 77.25 114.75 1,540,748
Sarasota 348,761 22.42 2.4 8.53 19,787 0.52 150.34 139.50 2,974,823
Pasco 375,318 15.41 1.43 5.21 17,236 0.27 113.5 150.13 1,956,352
Volusia 470,770 20.41 1.7 9.91 26,346 0.49 177 188.31 4,663,256
Lee 495,088 44.42 2.02 7.33 16,307 0.39 222.5 198.04 3,628,490
Brevard 507,810 28.47 2.26 8.48 15,806 0.71 272.36 203.12 4,305,038
The Library has been challenged by the tremendous growth of population in the County. As is
apparent from the following chart, the Library plans must include the seasonal population, as well as
the year-round residents.
FY95 FY96 FYOO FYOl FY02 FY03 FY04 FY05
Population'" 186,504 193,036 235,645 257,926 270,667 299,479 314,160 328,700
Peak
Season
Population'" -- -- 350,744 367,605 384,276 405,623 424,740 443,673
Weighted
Average
Population'" -- -- 288,556 302,656 316,649 334,506 350,651 366,641
Circulation 1,327,267 1,553,568 2,102,388 2,281,400 2,485,314 2,791,638 2,900,000 3,000,000
· Population Statistics: Collier County Comprehensive Planning Section
Collier County Public Library Long Range and Technology Plan . September 2005
5
Agenda Item No. 16D3
September 13. 2005
Page 16 of 31
III. Library Roles
Using the Public Library Development Program 'Planning & Role Setting for Public Libraries' the
Library has identified three major service roles that it plays in the community. They have been,
however, modified to fit the needs of local residents. These roles are:
A. Popular Materials Library
for many people, reading is an important recreational activity. The Public Library must feature a
wide selection of current, high demand, high interest materials in a variety of formats for users of
all ages. The Library must also actively promote and encourage the use of these resources.
B. Children's Door to Learning and Reading Enjoyment
The Library encourages young children to develop an interest in reading and learning through our
children's services departments, providing programs, materials and activities for parents, children,
and child-care providers.
C. General Information Center, including Reference, Information and Referral, and
Literacy
The Library actively provides timely, accurate, and useful information for community residents in
their pursuit of job-related and personal interests. Programs include regular reference desk
service, telephone and e-mail reference, an I & R program, and literacy programs.
IV. Goals and Objectives
GOAL 1: Customers will be able to request assistance of a well-trained
Library Staff to provide service needed.
A. Popular Materials Role Staffing Objectives:
1. Increase circulation staff to meet level recommended by American Library
Association: 1 professional and 3 paraprofessionals per 10,000 citizens.
2. Provide on-going training and career path incentives for all employees.
3. Evaluate salaries and request adjustments with Human Resources.
4. Work with Friends to provide funds for continuing education.
5. Ensure salaries are within appropriate market ranges.
6. Provide customer service training.
7. Provide volunteer opportunities and training.
8. Provide automation support for patron accounts and remote access.
B. Children's Door to Learning and Reading Enjoyment Staffing Objectives:
1. Provide at least one children's staff member at each location, with major
children's departments staffed at appropriate levels.
2. Provide on-going training and career path incentives for all employees.
3. Evaluate salaries and request adjustments with Human Resources.
Collier County Public Library Long R.ange and Technology Plan . September 2005
6
Agenda Item No. 16D3
September 13, 2005
Page 17 of 31
4. Work with Friends to provide funds for continuing education.
5. Ensure salaries are within appropriate market ranges.
6. Provide customer service training.
7. Provide volunteer opportunities and training.
8. Provide automation support for children's computers and audiovisual needs.
C. General Information Center, including Reference, Information and Referral, and
Literacy Staffing Objectives:
1. Increase professional staff to meet level recommended by American Library
Association: 1 professional and 3 paraprofessionals per 10,000 citizens.
2. Provide on-going training and career path incentives for all employees.
3. Evaluate salaries and request adjustments with Human Resources.
4. Work with Friends to provide funds for continuing education.
5. Ensure salaries are within appropriate market ranges.
6. Provide customer service training.
7. Provide volunteer opportunities and training.
8. Provide training in use of legal resources.
9. Provide specialized genealogical training.
10. Provide adequate support for Literacy and I & R programs.
11. Provide policies to manage resources, such as Internet policies, security
policies.
12. Provide reference training for non-reference librarians.
GOAL 2: Customers will have access to adequate library materials to meet their
educational, recreational and informational needs.
A. Popular Materials Role Materials Objectives:
1. Budget will support purchase of materials in sufficient quantities to ensure
that patrons do not experience excessive waits for materials.
. Additional popular materials will be purchased when there are more than 5
requests for each title owned by the library.
2. Library will continue to participate in the Anywhere Anytime Library.
3. Library will start patron-initiated Interlibrary Loans via an on-line request
form.
4. Library will continue to participate in SWFLN's Reciprocal Borrowing project.
5. Library staff will publicize 'Net Library'.
6. Library staff will continue to offer classes in using the Library's on-line
database resources.
7. The library will explore new formats of materials as they are available and
consider discontinuing obsolete formats when appropriate.
Collier County Public Library Long Range and Technology Plan . September 2005
7
Agenda Item No. 16D3
September 13, 2005
Page 18 of 31
8. The library will provide security and inventory control of materials to the
extent that funding is available.
9. Circulation policies will facilitate use by the public.
10. Periodicals and newspapers will be available for the public.
11. Purchasing priorities will support use of popular materials.
12. Mail-a-book, jail programs and nursing home programs will provide appropriate
materials to their audiences.
13. Community-specific collections will be considered.
14. Adult programming will enhance use of and encourage use of library materials.
15. Data-stream enhancements to the public web page will be considered.
B. Children's Door to Learning and Reading Enjoyment Materials Objectives:
1. Children's programming will enhance and encourage use of library materials.
2. Budget shall provide new and replacement books for children at least equal to
their overall circulation within the system.
3. Children's staff members will visit local schools, providing information and
encouragement to visit public libraries.
4. Electronic resources for children will be provided in every library.
5. Children's website will be maintained with current program information.
6. Staff will use website to market services and materials to children, their
parents and caregivers.
C. General Information Center, including Reference, Information and Referral, and
Literacy Materials Objectives:
1. Provide adult and reference programs that enhance and encourage the use of
library materials.
2. Ensure timely receipt of current reference materials.
3. Ensure reference materials are available, either in print or through on-line
resources.
4. Evaluate the growth management criteria for books per capita.
5. Ensure materials to support literacy programs are available.
6. Market services such as Anywhere Anytime Library, Interlibrary Loan,
Information & Referral.
7. Ensure collection security.
GOAL 3: Customers will find adequate facilities and equipment at all
libraries.
A. Popular Materials Role Facilities Objectives:
1. Library facilities will meet the growth management requirements.
Collier County Public Library Long Range and Technology Plan . September 2005
8
Agenda Item No. 1603
September 13, 2005
Page 19 of 31
2. Impact fee revenues will be sufficient build facilities and renovate existing
ones.
3. Facilities will be safe, welcoming, and well-maintained buildings.
4. Library will budget for building repair and maintenance.
5. The automation equipment and infrastructure will support the needs of patrons
and staff.
6. Funds will be budgeted to replace equipment according to schedule.
7. New technologies will be considered to replace existing infrastructure.
8. New facilities will be planned for high growth areas.
9. Assistive devices will make library facilities and materials easier for all to use.
10. Size and quantity of delivery vehicles will be adequate to transport materials
and equipment as needed.
B. Children's Door to Learning and Reading Enjoyment Facilities Objectives
1. Adequate office space will be provided for children's staff in new facilities.
2. Program facilities will be provided for children's programs at new and renovated
facilities.
3. Children's-use computers will be available at all facilities.
4. Library will maintain vehicle to be used in children's outreach programming.
C. General Information Center, including Reference, Information and Referral, and
Literacy Facilities Objectives:
1. Naples Branch book collections and reference departments will be 'more user
friendly'.
2. An automated Internet and printing control system will be considered.
3. Budget plans for replacing the Gates computer lab will be made.
4. Literacy workstations will be added where appropriate.
5. Additional equipment will be considered for public relations and marketing.
6. Appropriate equipment will be provided for Immokalee's I & R program.
7. Reference will consider appropriate distance software to expand services.
8. Drive-up windows will be considered for new construction.
Collier County Public Library Long Range and Technology Plan . September 2005
9
Agenda Item No. 1603
September 13, 2005
Page 20 of 31
FY 05 CURRENT YEAR ACTION PLAN
Collier County Public Library
In FY06, the Library will concentrate on the following:
. Implement new library automation system.
. Provide on-going training and career path incentives for all employees.
. Develop part 2 of the Customer Service Training Program.
. Start sending reserve and overdue notices via e-mail.
. Schedu Ie staff to attend ALA conferences.
. Provide public and staff training in use of legal databases.
. Start promoting use of the Anywhere Anytime Library.
. Promote patron-initiated Interlibrary Loans through on-line catalog.
. Continue public programs.
. Feature Children's website in library programs.
. Finalize plans for expansion of Golden Gate Branch Library.
. Continue rearranging Naples Branch Library shelves and collections.
. Encourage staff to take advantage of training opportunities with SWFLN and
the County.
. Begin building plans for South Regional Library.
. Write building program and grant for South Regional Library.
. Review Library Policies.
. Start PLA Planning Process.
Collier County Public Library Long Range and Technology Plan . September 2005
10
Agenda Item No. 1603
September 13, 2005
Page 21 of 31
Collier County Public Library
TECHNOLOGY LONG RANGE PLAN
September 2005
I. Introduction
In order to maintain a competitive position in the area of information and to provide a high
standard of public service, Collier County Public Library must offer a wide range of electronic
services, as well as traditional print and audiovisual services. This Technology Plan is intended to
supplement the Library's Long Range Plan, October 2004, as well as provide guidance in planning for
electronic information services, appropriate hardware, software, and telecommunications
infrastructure to deliver these services.
II. Library Vision Statement
The Collier County Public Library recognizes the growing importance of technology in the provision
of information services to our customers. With technological innovations, the Library can more
readily provide access to a select collection of print and non-print materials, and services for the
informational, educational, recreational and cultural needs of the residents of Collier County.
Customers will be able to access, exchange, and analyze information readily from electronic sources,
which accommodate different learning styles. The Library also recognizes that not all users are
comfortable with technology, and seeks to provide appropriate services to all users.
III. Library Mission Statement
The Collier County Public Library will systematically collect, organize and disseminate in a timely and
cost effective manner, a select collection of print and non-print materials, and services for the
informational, educational, recreational and cultural needs of the residents of Collier County.
Additionally, the Collier County Public Library will provide courteous, knowledgeable and effective
customer service in meeting the informational, educational and recreational needs of our community,
and will strive to exceed community expectations.
IV. Information Technology Assessment
A. Current Inventory of Equipment and Services
1. Current Computer Inventory
a. Staff Computers -
b. Public Use Computers -
c. Children's Computers -
d. Gates Computer Lab -
e. River Park Computer Lab -
f. Literacy Computers -
126
101
11
14
10
4
Collier County Public Library Long Range and Technology Plan . September 2005
11
Agenda Item No. 16D3
September 13, 2005
Page 22 of 31
2. Telecommunications Services and Internet Access
. Internet service through A TM line to Headquarters
. T1 Frame Relay connections to Naples, Vanderbilt Beach, Immokalee, Estates,
Golden Gate, East Naples, and Marco Island Branches
. 128 KB Frame Relay to Everglades City
. 256KB Frame Relay to River Park
. Point-to-point T1 to County from HQ
. 128 KB Frame Relay to County from Naples Branch
3. Network Equipment
Servers:
Gateway 7400
HP Proliant DL-360 (2)
Gateway 6400
DEC Alpha 1 200 DRA
Dell PowerEdge 1 600
Gateway ALR-7200
HP Netserver LH3
Sna p 1 1 00 Server
Gateway ALR-7200
Routers:
Cisco 2600
Cisco 4000
Cisco 25xx
Internet ATM router
WAN Router - Branches connect here
Each Branch has this router
Switches:
Cisco Catalyst 3500 (2)
Cisco Catalyst 3550
Netgear FS750T2
Netgear FS526T
Netgear FS526T
24 port
24 port
48 port
24 port - for Servers (Firewall "Outside")
Each Branch has one of these switches (NB has 3)
Firewall:
Cisco PIX 515-E
4. Internal connections
All libraries currently have adequate internal data wiring and electrical service. As
new facilities are built, CAT 5 (or current standard) wiring is specified in
construction documents. Fiber and wireless are being considered. As computers are
added to a facility, automation staff evaluates the level of frame relay service and
recommends increases as needed.
5. Other Technologies
. Satellite receiver at Naples Branch
. POTS services to all library locations
Collier County Public Library Long Range and Technology Plan . September 2005
12
Agenda Item No. 16D3
September 13, 2005
Page 23 of 31
B. An Assessment of the Telecommunications Services, Hardware, Software, and other
Services:
All libraries currently have adequate internal data wiring and electrical service. As new facilities
are built, CAT 5 or current standard wiring is specified in construction documents. Fiber and
wireless are being considered. As computers are added to a facility, automation staff evaluates the
level of frame relay service and recommends increases as needed.
All areas of the library are using technology to a major extent. All cataloging, circulation,
reference, interlibrary loan and administrative functions make extensive use of technology. Staff
has emphasized providing services via the Library's web page. Patrons can use the web page to
check on materials on loan; to renew materials; to reserve materials; and to view program schedules,
hours, locations, and make comments. Additionally, patrons may ask reference questions and request
interlibrary loan materials via the web page. The Library also sends out an electronic newsletter to
those who indicate they would like to receive it.
All library locations provide public Internet access and access to commercial databases, via filtered
workstations. Separate computers are provided for patron access to the library catalog, to ensure
they are available when needed. The Library does not use any PC management software or print
management services. These products will be considered when shopping for a new automation
system. The Library is eager to implement self-check-out stations-also a project to consider when
evaluating new automation systems.
The Library has a computer lab at the Estates Branch Library, funded by the Gates Foundation. The
full Microsoft'TM Office Suite of Programs and educational games are available for use in the lab, as
well as Internet access and hands-on classes in computer usage. River Park Community Center also
has a computer lab for the public to use. The computers were funded by a State Library grant, in
cooperation with the City of Naples and the Macedonia Missionary Baptist Church. Since the Center
is only a few blocks from the Naples Branch Library, staff refers the public to the Center for word
processing and similar uses not available at the Naples Branch. The Library continues to provide
frame relay support to this computer lab, and Library Staff members teach classes there.
The recently purchased and soon to be implemented second generation ILS is Innovative
Interfaces, Inc. This fully integrated and cutting edge system considerably broadens the abilities
of staff to serve the public.
C. Professional Development:
All staff members receive training in using the Library's equipment and resources. All new hires go
through an orientation that includes a technology assessment. Training is partially planned based on
this assessment. Staff members receive specific training in using technology in their primary job
assignments from their supervisors or the supervisor's designee.
Collier County Public Library Long Range and Technology Plan . September 2005
13
Agenda Item No. 16D3
September 13, 2005
Page 24 of 31
Formal continuing education training is required and encouraged for all levels of employees. The
Library assumes all expenses incurred to provide job related training to all employees. Training is
available through:
. Collier County Information Technology Department
. Southwest Florida Library Network
. Element K, on-line tutorials
. Staff taught workshops
. Reference Department Classes
Classes include using the Internet, setting up e-mail accounts.using Genealogical resources,
commercial databases, First Search, Anywhere Anytime Library, Excel, Word, and others.
Generally, most library staff members are capable of using technology to the extent required by
their jobs. As in any organization, some are more comfortable with technology than others.
Sometimes the public expects staff to 'know everything there is to know' about computers and the
Internet. Unfortunately, staff does get frustrated when the public has this expectation. Staff
provides as many classes in the use of technology as possible, taking into consideration that all have
other responsibilities.
The Library has implemented a tracking method to better judge the quantity of technology training
provided to staff and their participation. FY2004 is the base year for collecting this information.
Staff will be able to use the information to better provide staff training in the future.
C. Current budget
The Library is governed by Collier County, with the majority of operating funds coming from local
property taxes. In addition, the Library generally qualifies annually for State Aid to Libraries.
Construction and library books are paid for with Impact Fees that are imposed on new residential
construction to help pay for 'infrastructure'. The Library also receives generous donations from the
local community and the Friends of the Library. In FY05-06, the Library qualified to receive over
$in E-rate support. These funds will be used to purchase additional computers and peripheral
equipment and to update software as needed.
Technology Related Budget for FY06
October I, 2005 - Se tember 30, 2006
M~lnfe"a6c~ bafaI8lio'"e;;!l1ines st'ffliii'Pralnin'.
$60,000 $104,000 $35,000
Collier County Public Library Long Range and Technology Plan . September 2005
14
Agenda Item No. 16D3
September 13, 2005
Page 25 of 31
D. Needs Assessment
The library has purchased a new ILS, Millennium from Innovative Interfaces, Inc. scheduled for
implementation during fall of 2005 and winter of 2006.
The second need is to ensure that the frame relay network will continue to support circulation
functions at all nine of our locations. Networks at all of the remote locations have been upgraded as
data transfer rates have slowed down. This process will continue to be done, but the Library needs
to evaluate other options in providing networked services The Library network is completely
separate from the County's computer networks, and is operated by librarians who are interested in
technology and are largely 'self-taught', not by technology specialists. Minimal assistance is available
through the County's Information Technology Department. With the assistance of IT and
Purchasing, the Library will seek a network professional to provide this kind of information.
Migration to the new ILS system is the technology priority for FY 06. Staff and public-use
computers are being replaced with new models; additional laptops are being purchased to use in
staff and public computer classes; and training is being planned for those staff needing to improve
general personal computer skills. The County IT Department is actively sharing information with the
Library staff. We believe equipment, funding, and training are all in place to ensure a successful
year that includes implementation of the new library automation system.
V. Technology Goals and Objectives and Timeline for Implementation
A. To provide the most appropriate electronic information delivery system for patrons.
1. FY05
.
.
.
.
.
.
.
.
2. FY06
.
.
.
.
.
.
.
3. FY07
.
Migrate date and implement new library automation system.
Evaluate commercial databases offered to the public.
Evaluate usage statistics of current database subscriptions.
Survey public on their needs.
Provide public training on use of commercial databases.
Continue to provide special training programs for other County departments
and school students in use of commercial databases.
Provide public training in use of Library website.
Continue and expand staff and public training.
Implement any parts of ILS, if not completed.
Evaluate commercial databases offered to the public.
Evaluate usage statistics of current database subscriptions.
Survey public on their needs.
Provide public training on use of new automation system.
Provide public training on use of commercial databases.
Provide public training in use of Library website.
Provide public training on use of new automation system.
Collier County Public Library Long Range and Technology Plan 'September 2005
15
Agenda Item No. 16D3
September 13, 2005
Page 26 of 31
. Provide public training on use of commercial databases.
. Evaluate commercial databases offered to the public.
. Evaluate usage statistics of current database subscriptions.
. Survey public on their needs.
. Provide public training in use of Library website.
B. To evaluate and purchase new and changing technology to meet public demand.
1. FY05
. Explore and implement new options as we install a new automation system.
. Consider Internet and print management systems.
. Purchase self-checkouts for the larger locations.
. Consider and evaluate thin clients and wireless.
. Evaluate any data line options made available through the county network.
2. FY06
. Continue to maximize new automation system.
. Publicize e-book products.
. Evaluate circulation of laptops and e-book readers.
. Add self-checkout stations to smaller branches.
3. FY07
. Review any technology innovations or trends.
. Consider RFID (Radio Frequency Identifcation) for circulation.
. Ensure all libraries have self-check out stations
C. To connect to relevant information sources outside the library.
1. FY05
.
.
.
.
2. FY06
.
.
.
.
3. FY07
.
.
.
,,_.,
Evaluate commercial databases offered to the public.
Evaluate usage statistics of current database subscriptions.
Survey public on their needs.
Participate with any State Library selection process.
Evaluate commercial databases offered to the public.
Evaluate usage statistics of current database subscriptions.
Survey public on their needs.
Work with any State Library projects, such as AAL or Virtual Reference.
Evaluate commercial databases offered to the public.
Evaluate usage statistics of current database subscriptions.
Survey public on their needs.
Collier County Public Library Long Range and Technology Plan . September 2005
16
Agenda Item No. 16D3
September 13, 2005
Page 27 of 31
D. To train staff and educate the public in all forms of electronic information literacy.
1. FY05
.
.
.
.
.
.
2. FY06
.
.
.
.
.
.
.
3. FYO?
.
.
.
.
.
VI. Budget Planning
Provide public training on use of commercial databases.
Continue to provide special training programs for other County departments
and school students in use of commercial databases.
Provide public training in use of Library website.
Provide hands-on classes at Estates Lab, River Park Lab, and Immokalee Lab.
Add training classes on use of WestLaw and LexisNexis databases.
Keep separate statistics on technology training for staff and the public.
Provide public training on use of commercial databases.
Continue to provide special training programs for other County departments
and school students in use of commercial databases.
Provide public training in use of Library website.
Provide hands-on classes at Estates Lab, River Park Lab, and Immokalee Lab.
Continue training classes on use of WestLaw and LexisNexis.
Add any training classes for new database subscriptions.
Evaluate training statistics and use to develop new programs.
Provide public training on use of commercial databases.
Continue to provide special training programs for other County departments
and school students in use of commercial databases.
Provide public training in use of Library website.
Provide hands-on classes at Estates Lab, River Park Lab, and Immokalee Lab.
Add any new, relevant training classes for both the public and staff.
Budget requests to Collier County are reviewed on an annual basis. These requests generally reflect
a 4-6% annual increase. The software and equipment budget was significantly higher in FY05 to
provide funds for purchase of an automation system. The Library then will make an additional
budget request to the County, or redirect existing funds to the project.
Projected Technology Related Budget for FY05. FY06. FYO?
$oftWcih~'& pqtqzrh2h~.....~~b~~ ~fgU:;.rf9Jp.iri9
FI~e~'fY~Q~ sijJif~ffii~rir M~intt"d~e~
FY05 $288,200 $80,000 $104,000 $35,000
FY06 $200,000 $106,000 $ 200,000 $52 ,000
FYO? $180,000 $112,000 $236,000 $55,000
Collier County Public Library Long Range and Technology Plan . September 2005
17
Agenda Item No. 1603
September 13. 2005
Page 28 of 31
VII. EVALUATION
Evaluation will be based on current quantitative statistics methods, including the number of users
of particular services; the number of training sessions and participants; and any new equipment or
software purchases. Costs, as always, are tracked through the normal County budgetary process,
and are reviewed monthly to ensure the budget is maintained. Information transfer rates are also
tracked via systems software, with staff reviewing data monthly.
Qualitative information shall be gathered through class evaluation forms and current on-line and in-
person comment activities. Class surveys are conducted for every program the Library presents.
The Library also records technology outcomes data through both formal and informal methods.
User surveys are initiated annually. The automation and other software track usage on a daily basis.
Reports are evaluated to ensure the Library is purchasing materials that users want and that staff
can assist patrons in using the materials provided.
Automation and administration staff on a monthly basis reviews both quantitative and qualitative
information. Class surveys are reviewed as new classes are scheduled. Decisions are made on the
basis of this information-though changes requiring significant costs may have to wait for the next
budget cycle.
VIII. STAFF RESPONSIBLE FOR ACTIVITIES, ANTICIPATED STAFF NEEDS, AND
REDEFINING STAFF RESPONSIBILITIES
Library automation staff members are responsible for much of the quantitative monitoring. Reports
are provided to Library Administration on a monthly basis. This department consists of three
employees:
. The Library Automation Specialist is responsible for running the automation system and
network;
. Tech Support Professional is responsible for ordering equipment and supplies, installing
software on the desktop, assisting with training:
. The Library Technology Specialist is responsible for trouble shooting pes and installing
software at the direction of the Tech Support Professional.
They also make recommendations for equipment upgrades, test specific software and hardware, and
evaluate new products.
Library Reference and Branch librarians evaluate new software and hardware, making purchasing
recommendations to Library administration. They are also informally evaluating new automation
systems. When vendors are invited in for demonstrations, they will be included. These staff
members provide the core of public and staff training on the use of the Library's web page, the
commercial databases, and the Internet.
Collier County Public Library Long Range and Technology Plan . September 2005
18
Agenda Item No. 1603
September 13, 2005
Page 29 of 31
Technical Services librarians and paraprofessionals also provide evaluations of new software prior
to purchase. They will be closely evaluating the cataloging functions of potential automation
vendors.
The Assistant Library Director evaluates the information from staff and reviews the budget and
options with the Library Director, making the decisions on what is to be purchased or discontinued.
As the need for additional staffing becomes apparent through the use of the evaluations listed
above, the Library Director recommends to the Board of County Commissioners and the County
Manager that staff numbers be increased.
The Library has been successful in adding staff in its 12 years of automation experience. Starting
with no automation staff in 1992, the automation duties were added to those of the Head Cataloger
in 1994. The automation function was separated into a separate position by 1998. The first PC
support staff member was added in 2000, and the second PC support staff member was added in
2002. As needs for additional staff members become apparent, we generally wait only six months to
add the needed staff.
We do anticipate that changing to a new automation system could decrease the amount of
management time needed to maintain a modern system, with reporting becoming less cumbersome.
If that happens, the position will need to be redefined.
Other staff changes anticipated include the addition of Reference Librarians-who are the
backbone of the public and staff-training programs. With a relatively small professional staff, we
seldom have the luxury of 'wearing only one hat'. Most of the Librarians handle several
responsibilities. These are all part of our normal planning processes.
IX. Technology Policies
Library Staff, the Library Advisory Board and Library Administration review all policies annually.
When technology and public needs change, our public use policies are reviewed and revised as
needed.
Particular attention will be paid in FY06 to compliance with the E-Rate and Patriot Act requirements
for technology policies. The Library believes it is in compliance, but will conduct a formal review to
ensure that it is. Two new Library Advisory Board Members started their terms in FY04, giving the
Library the opportunity to demonstrate and evaluate the policies for people unfamiliar with the
requirements.
Library Administration further reviews the Goals as the budget process begins in February.
Anticipated funds available and anticipated expenses for purchase and maintenance are compared
to see if any goals need to be revised.
Collier County Public Library Long Range and Technology Plan . September 2005
19
Agenda Item No. 16D3
September 13. 2005
Page 30 of 31
X. Conclusion
The use of technology has dramatically changed the way Collier County Public Library does business,
as it has for all libraries. Our users are more sophisticated in their ability to use technology, yet we
need to still remember that not everyone has reached high comfort zone with technology. We need
to provide appropriate services to all of our users, whether it is with technology or not. Technology
is one of the ways to provide these services, but is not the end in itself. The provision of
information services to meet the 'informational, education, recreation and cultural needs' of Collier
County residents is our primary mission.
Collier County Public Library Long Range and Technology Plan . September 2005
20
Agenda Item No. 1603
September 13, 2005
Page 31 of31
Signature Page
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA
By:
Fred W. Coyle, Chairman
ATTEST:
DWIGHT E. BROCK, Clerk
By:
Deputy Clerk
Approved as to form and legal sufficiency:
Thomas C. Palmer
Assistant County Attorney
Collier County Public Library Long Range and Technology Plan . September 2005
21
Agenda Item No. 16D4
September 13, 2005
Page 1 of2
EXECUTIVE SUMMARY
Recommendation to approve a budget amendment recognizing $35,000 in
revenue from the sale of fuel and merchandise at Caxambas Park and
appropriating funds for purchase of additional merchandise for resale
Obiective: To sell fuel and supplies to the patrons of Caxambas Park Marina.
Considerations: The Parks and Recreation Department took over direct operations of
Caxambas Park Marina on August 1, 2004. Staff developed a budget for the facility that
was submitted and approved as an expanded request for FY 05. Sales of all items
continue to exceed staff projections.
Staff has prepared a budget amendment recognizing an additional $35,000 in revenue and
appropriating funds for the purchase of additional merchandise for resale.
Fiscal Impact: Approving this budget amendment will increase the Parks and
Recreation Department Beach and Water Operations FY 05 budget by $35,000.
Growth Manaaement Impact: No growth management impact is associated with this
action.
<-
Recommendation: That the Board of County Commissioners approves a budget
amendment recognizing $35,000 in revenue from the sale of fuel and merchandise at
Caxambas Park and appropriating funds for purchase of additional merchandise for resale
Prepared by: Amanda O. Townsend, Operations Analyst, Parks and Recreation
-
Agenda Item No. 16D4
September 13, 2005
Page 2 at 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
1604
Recommendation 10 ~pprove fl hudget amendment reGognizing $35,000 in rflvenue from the
sale of fuel and merchandise at Ca)(ambas Parlc. and appropriating funds for purchase of
additional merclumdise for resale
Meeting Date:
9/13.'20059:00:00 AM
Approved By
Kathy Carpenter
Exccutive ~cretary
Date
Public Services
Public Ser....ices Admin
Bf29/2oo5 1:18 PM
Apllrovcd By
Marla Ramsey
Public Services Admini15trJJtor
Dol.
Public Services
Public Services Admin.
8(29/2005 4:34 PM
A pprllved By
Murdo Smith
Beach and Water Superintendent
Dol.
Public Services
Parks and Recreation
M!9120OS 4:57 PM
Approved By
OMB Coordinator
Administrative Assn>tant
Date
County Manager's Office
Office of Management & Budget
8130/200510:59 AM
Allprond By
Gary A. Vincent
Management & Budget Analyst
Date
County Manager's Oft'ice
Office of Management & Budget
8/311200512:44 PM
Apprond By
Michael Smykowski
Mana~emel1t & Budget Director
Dol.
County Manager's Office
Office or Management & Budget
8f31n005 2:40 PM
Approved B~'
James V. Mudd
County Manager
Date
Board of County
Comml.sr;iomm.l
County Manager'$ Office
9/1/20058:30 PM
Agenda Item No. 16D5
September 13, 2005
Page 1 of 3
EXECUTIVE SUMMARY
Recommendation to award bid #05-3856 for printing of the Recreation
Guide to Sunbelt, Inc. at an estimated cost of $50,000
Obiective: To promote Parks and Recreation programming.
Considerations: The Parks and Recreation Department prints the Recreation Guide
three times a year to promote recreation programming.
Bid #05-3856 was posted on June 7, 2005 with invitations to bid sent to 24 vendors. One
response was received, from Sunbelt, Inc. Staff has reviewed the quote received and
recommends award of bid to Sunbelt, Inc. as the lowest, qualified bidder.
Fiscal Impact: Funds are budgeted in the Recreation Programming cost center within
the Parks and Recreation budget of the MSTD General Fund (111). Total estimated
annual expenditure is $50,000.
Growth Manaaement Impact: No growth management impact is associated with this
action.
Recommendation: That the Board of County Commissioners awards bid #05-3856 for
printing of the Recreation Guide to Sunbelt, Inc. at an estimated cost of $50,000.
Prepared by: Amanda O. Townsend, Operations Analyst, Parks and Recreation
,-
Agenda Item No, 16D5
September 13, 2005
Page 2 of 3
COLLIER COllNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
1605
Meeting Date:
Recommendation 10 aWArd bid #05-3856 for printing 01 the Recreation Guide 10 Sllnbel1. Inc
Ht an estimated cost of $50.000
9/13/20059:00:00 AM
Approved By
Kathy Carpenter Executive Secretary Date
Public Services Public Servicetl Admin 8/29/20051:22 PM
Approved By
Brendit Brilhart Purchatling Agent Date
Admini!rtratlve Services. Purchning 6129'2005 3:05 PM
Approved B}'
Mike Hauer Acquisition Manager Date
Administrative Services Purchasing 8129f2005 3:08 PM
Apllrovd By
Marla Ramsey Public Servioos Admmil1rator Date
Public Services Public Services Admin. 6!2Q12005 4:26 PM
Approved By
Murdo Smith Beach and Water Superintendent Date
Public Services Parks and Recreation 6129/20054:44 PM
Approved By
Steve Carnell Purchnsing/Genernl Svcs Director Dntc
Administrative Servicos Purchasing 8/30120055:12 PM
Approved By
OMS Coordinator Administrative ASt\istam Date
County Manager's Offico Office of Manilgemont & Budget 6131120059:20 AM
Apllroved By
Gary A. Vincent Management & Budget Analyut Date
County Milnager's OffIce Office of Management & Budget U/31!200511:04AM
Approved By
Michael Smykowski Management & BUdget Director Dnte
County Manager's OffIce Office of Management & Budge! flIJ1!200511:08 AM
Approved By
James V Mudd County Manager Dnte
Board of Coullty 9/11;2:005 6:25 PM
Commissioners County MIJllo1lger'l> Office
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Agenda Item No. 1606
September 13,2005
Page 1 of 4
EXECUTIVE SUMMARY
Recommendation to award Bid No. 05.3863 Golden Gate Park Maintenance
Building to Bradanna, Inc. in the amount of $319,600
Obiective: To maintain beautiful and safe park facilities at the lowest possible cost.
Considerations: Golden Gate Community Park is in need of a maintenance facility
and site improvements to the park's maintenance area.
The Parks and Recreation Department first solicited quotations for this project from
general contractors on continuing contract with the County, but the quotations received
exceeded the contract thresholds. Invitations to bid on the maintenance building project
were then sent to 220 vendors and opened August 16, 2005. Bradanna, Inc. was the sole
bidder at $319,600. Staff recommends awarding the bid to Bradanna, Inc. as the lowest
qualified responsive bidder.
...-
Fiscal Impact: Funds in the amount of $185,000 are currently budgeted for the project.
Staff has prepared a budget amendment allocating residual funds from closed capital
projects and reserves to fully fund this award at $319,600 and a contingency of
$17,363.36 to fund items such as permitting and impact fees. The new budgeted amount
is $336,963.36 within the Parks Improvements CIP Fund (306).
Growth Manaaement Impact: The value of the improved facility will be inventoried
in the Growth Management Plan.
Recommendation: That the Board of County Commissioners awards Bid No. 05-3863
Golden Gate Park Maintenance Building to Bradanna, Inc. in the amount of $319,600 and
approves the necessary budget amendment.
Prepared by: Amanda Townsend, Operations Analyst, Parks and Recreation
"-
Item Number.
Item Summary:
Meeting Date:
I\genda Item No. 16D6
September 13, 2005
Pane 2 of 4
COLLIER COllNTY
BOARD OF COUNTY COMMISSIONERS
1606
RecommendallOIl to aw1trd Bid No 05.3863 Golden Gate Park Maintenance Building to
BradE'mna,lnc in the amollnl of $319,600
911312005900:00 AM
Date
Allllrovcd 8)'
K.athy Carpenter
Public Services.
Executive Secretary
Public Services Admin
8129/200510:43 AM
Dot,
Approved 8l
Bremb Brilhart
AdminIstrative Senm:es
Purchasing Agent
Purchasing
af29/2005 3:00 PM
Date
A 1)I)rO,,'cd B)'
Mike Hauer
Adll1mu~trative Ser..lces
Acquisition Managor
PurchaSing
8/2912005 3:06 PM
Date
AI)Prtwcd B)'
Murdo Smith
Publlc Services
Beach llnd Water Superintendent
Parks and Recreahon
81Z9fl005 4:09 PM
Date
A ppro,,'cd B)'
Marla Ramsey
Public Services
Public SerVICes AdminIstrator
Public Services Admin
6129/2005 4:20 PM
DlIte
AI)provcd B~'
Steve C<1rnell
Administrative 5ervlcas
PurchaslnglGener.ll Svcs Diredor
Purchasing
6/30!2005 5:10 PM
Dtlte
Approved B~'
OMS Coordinator
County Manager's Ofh<:a
Admini5tratl\Je Asnistant
Office of Managoment & Budgot
8/31f2005 9:19 AM
Date
A I)prcn'cd B)'
Susan Usher
County Manager's Otflce
Senior M.anagementlBudge:t Analyst
Ofrice or Management 8. Budget
6/31/20052:06 PM
Michael Smykowski
Dnte
AIJI)rl)vcd B)
County Man<lger'(; Gl1lce
Management & Budget Director
Offioo of Management 8. Budget
6/31/2005 2:56 PM
AI)I)r(n'cd OJ'
James V Mudd
Board of County
Commifisioners
County Manager
Date
Coun1y Manager'!; Office
9/1/20058:20 PM
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Agenda Item No. 16D7
September 13, 2005
Page 1 of 2
EXECUTIVE SUMMARY
Recommendation to accept donated funds in the amount of $2545.69 and approve
a budget amendment recognizing the revenue and appropriating funds for
Vineyards Community Park
Obiective: To enhance recreation programs through private contributions.
Considerations: The Friends of the Parks of Collier County volunteer group of Vineyards
Community Park has donated $2545.69 for enhancement of recreation programming. Staff plans
to use the funds to purchase furniture appropriate for preschool programs.
Staff has prepared a budget amendment that recognizes this amount in revenue and appropriates
it to the Vineyards Community Park fund center within the Parks and Recreation budget.
Fiscal Impact: Approving this budget amendment will increase the Parks and Recreation
Department Vineyards Community Park FY 05 budget by $2545.69.
Growth Manaaement Impact: No growth management impact is associated with this action.
Recommendation: That the Collier County Board of County Commissioners accepts the
donated funds and approves the necessary budget amendment.
Prepared Bv: Amanda O. Townsend, Operations Analyst, Parks and Recreation Department
<^.~
f.\oenda 11em No 16D7
September 13, 2005
P80e 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item SumlTUlry:
16D7
Rp,commendation to accept donated hmds in the amount (If $2,54569 and approve a budget
amendmerll recoHnizing the revenue and appropriating funds for Vineyards Comrrnmity Park.
Meeting Date:
9/13/2005900:00 AM
Approved 8)'
Kathy Carpenter F.xecu1i\leSrn:retary Date
Public Services Public Services Admin 8/29/200510'.41 AM
Approved By
Murdo Smith Beach and Water Superintendent Date
Public Sorvices Parks and RecreatIOn 8/29!2005 4:07 PM
Approved B)'
Mnrla Rnmsey PubliC Services Administrator Date
Public Services Public Services A{jmin 8/31/2.00510:59 AM
Apllroved 8y
OM8 Coordinator Aomlnistrative Assistant Date
County Manager's Ol1lce Office of Moanagenwnt & Budget Bl31f2005 1 :57 PM
API)TOVcd 8)'
Gary A. Vincent Management & Budget Analygr Dale
County Manager's Office Office of Management & Budget 8fJ1!200!3 2:39 PM
A"I)TIJvcd By
Michael Smykowski Management & Budget Director Dllte
County Manager's Office Offico of Management & Budget 8/31/20052:42 PM
Aplml\'cd 8y
James V. Mudd County Manager Date
Board of County
Commissioners County Man.ager'f. Office 9/1/20058:23 PM
Agenda Item No. 1608
September 13, 2005
Page 1 of 42
EXECUTIVE SUMMARY
Recommendation to authorize purchase of park maintenance equipment in
the amount of $281,925.24 from Wesco Turf Supply, Inc. and Disbrow
Enterprises, Inc.
Obiective: To maintain beautiful and safe park facilities at the lowest possible cost.
Considerations: Many pieces of park maintenance equipment are scheduled for
replacement in accordance with the recommendations of the Fleet Management
Department and manufacturers' standards.
Staff recommends the purchase of the following items using state contract Nos. 070-840-
04-1 and 515-630-03-1:
Quantity Item Vendor
5 T oro Workman 1100 Wesco Turf, Inc
6 Sand Pro 2020 with Rain Groomer Wesco Turf, Inc
6 Cyclone 1000 Debris Blower Wesco Turf, Inc
6 Mounting Kit Wesco Turf, Inc
6 Toro Z587L with 72" deck Wesco Turf, Inc
3 Toro Z587L with 60" deck Wesco Turf, Inc
1 Areothatch 83 Wesco Turf, Inc
1 Toro Turf Sweeper 4800 Wesco Turf, Inc
1 Top dresser 2500 Wesco Turf, Inc
2 Laster Model 3682 Articulating Mower Disbrow Enterprises, Inc.
4 Laster Model 521XR Articulating Mower Disbrow Enterprises, Inc.
The equipment will serve seven park locations and the mobile maintenance crew.
Fiscal Impact: Funds are budgeted within the Naples and Immokalee park maintenance
cost centers within the MSTD General Fund (111).
Growth Manaaement Impact: No growth management impact is associated with this
action.
Recommendation: That the Board of County Commissioners authorizes purchase of
park maintenance equipment in the amount of $281 ,925 .24 from Wesco Turf Supply, Inc.
and Disbrow Enterprises, Inc.
Prepared by: Amanda Townsend, Operations Analyst, Parks and Recreation
~"-.~
Item Number.
Item Summary:
Meeting Date:
Agenda Item No. 1608
September 13, 2005
PagE 2 0142
COLLIER COllNTY
BOARD OF COUNTY COMMISSIONERS
1608
Rp.(:ommendatioll 10 authorize purchase of p,Hk maintenance equipmenl in lhe amount of
$281.925.24 from Wesc() Turf Sllpply, fnc. l-Ind Dishrow Enterprise5, lnc,
9/13/2005900:00 AM
Executi....c Sl~cretary
Date
Apl)fOVed B~'
Kathy Carpenter
Public Services
Public Services Admin,
8129/2005 10:4..':i AM
Purchasing Agent
Date
ApllrO\'cd By
Orenda Brilhart
Adl11inilStrativc ScrV1COS
Purchasing
8/29/20053:41 PM
Murdo Smith
Be-ael1 and Water suponntendent
Date
Approvcd By
Public Services
Parks and Recrelltion
6/29{2:005 3:57 PM
Mike Hauer
Acquisition Manager
Date
AIII)fo\-'ed 8)'
Administrative Services
Purchasmg
8/29/2005 4:52 PM
Apprll\'cd 8y
Steve Carnell
Administrative Servu;ell-
PurcllllsinglGeneral Svcs Dire-etor
Dnte
Purchasing
6/30/2005 5:09 PM
Marta Rmmey
Public Services Adl1l1n1strlltor
Ollte
Apllrnved By
Public Sorvices
Public ServIces Admin.
6/31f20051:3{< PM
Apllrm'ed By
OMB COOrdlt'l<ltor
County Mannger's Office
Administrative Assistant
Dllte
Office of Management & Budgel
6/31/20051:56 PM
Gary A. Vmcent
Manngement & Budg(!-t Analyst
Datt~
Al1llrOl'cd B)-'
County Manager's Office
Office of M.1nagement & Budget
Il/J1I2005 2:55 PM
Michael Srnykowski
Management & Budget Director
DAte
Approved By
County Manager's Ottice
OffIce of Mlln.Jgement & BUdget
OfJ 1r2005 3:02 PM
Allprllvcd By
James V, Mudd
Board 01 County
COnlmj1>sio1lf~rs
County Manager
Dllte
County Manager'f; Office
8131/20053:17 PM
Agenda Item No. 1608
September 13. 2005
Page 3 of 42
Equipment Purchases for 2005
Naples Cost Each Total
Vineyards CP
1ea Toro Workman 1100 $ 5,209.59 $ 5,209.59
1ea Sand Pro 2020 wi Rain Groomer $ 7,995.00 $ 7,995.00
1 ea Cyclone 1000 Debris Blower $ 2,471.91 $ 2,471.91
1 ea Mounting Kit $ 349.97 $ 349.97
1ea Toro Z587L w/72" Deck $ 8,343.00 $ 8,343.00
1 ea Areothatch 83 $ 3,184.49 $ 3,184.49
1ea Toro Turf Sweeper 4800 $ 12,423.54 $ 12,423.54
1 ea Lastec Model 3682 Articulating Mower $ 21,505.50 $ 21,505.50
Total $ 61,483.00
Max Hasse CP
1ea Sand Pro 2020 wi Rain Groomer $ 7,995.00 $ 7,995.00
1 ea Cyclone 1000 Debris Blower $ 2,471.91 $ 2,471.91
1 ea Mounting Kit $ 349.97 $ 349.97
1ea Toro Z587L w/72" Deck $ 8,343.00 $ 8,343.00
Total $ 19,159.88
Veterans CP
1ea Toro Workman 1100 $ 5,209.59 $ 5,209.59
1ea Toro Z587L w/72" Deck $ 8,343.00 $ 8,343.00
1ea Lastec Model 521XR Articulating Mower $ 12,429.00 $ 12,429.00
Total $ 25,981.59
Road Crew
1ea Toro Z587L w/72" Deck $ 8,343.00 $ 8,343.00
1ea Toro Z587L w/60" Deck $ 8,046.00 $ 8,046.00
Total $ 16,389.00
Golden Gate CP
1ea Toro Workman 1100 $ 5,209.59 $ 5,209.59
1 ea Sand Pro 2020 wi Rain Groomer $ 7,995.00 $ 7,995.00
1 ea Cyclone 1000 Debris Blower $ 2,471.91 $ 2,471.91
1 ea Mounting Kit $ 349.97 $ 349.97
1ea Toro Z587L w/72" Deck $ 8,343.00 $ 8,343.00
1ea Lastec Model 521XR Articulating Mower $ 12,429.00 $ 12,429.00
Total $ 36,798.47
East Naples CP
2ea Toro Workman 1100 $ 5,209.59 $ 10,419.18
1 ea Sand Pro 2020 wi Rain Groomer $ 7,995.00 $ 7,995.00
1ea Cyclone 1000 Debris Blower $ 2,471.91 $ 2,471.91
1ea Mounting Kit $ 349.97 $ 349.97
Total $ 21,236.06
Eagle Lakes CP
1ea Sand Pro 2020 wi Rain Groomer $ 7,995.00 $ 7,995.00
1 ea Cyclone 1000 Debris Blower $ 2,471.91 $ 2,471.91
1 ea Mounting Kit $ 349.97 $ 349.97
1ea Toro Z587L w/72" Deck $ 8,343.00 $ 8,343.00
1ea Lastec Model 521XR Articulating Mower $ 12,429.00 $ 12,429.00
Total $ 31,588.88
Grand Total $ 212,636.88 111-156332-764990
Immokalee
1ea Sand Pro 2020 wi Rain Groomer $ 7,995.00 $ 7,995.00
1ea Cyclone 1000 Debris Blower $ 2,471.91 $ 2,471.91
1ea Mounting Kit $ 349.97 $ 349.97
2ea Toro Z587L w/60" Deck $ 8,046.00 $ 16,092.00
1ea Top Dresser 2500 $ 8,303.69 $ 8,303.69
1eaJackStand $ 141.29 $
1ea Lastec Model 3682 Articulating Mower $ 21,505.50 $
1ea Lastec Model 521XR Articulating Mower $ 12,429.00 $
Total $
141.29
21,505.50
12,429.00
69,288.36
Agenda Item No. 16D8
September 13. 2005
Page 4 of 42
111-156334-764990
RUG-05-2005(FRI108:a9
Wesco Turf.lnc
(FAX)sa1 371 2907 POlo/Oil
Agenda Item No. 16D8
September 13, 2005
Page 5 of 42
""EscogE
Mr. John Viet
Collier County Parks
3300 Santa Barbara Boulevard
Naples. FL 34116
WESCO TURF, INC.
2101 Cantu Court I Sarasota. Florida 34232-6242
941.377.6777 800.486.8873 Facsimile 941.371.2967
August5,2005
Dear Mr. Viet,
Per your request, I am pleased to submIt a quotation on the following equipment.
~ Model
Description
State Contract
Price
07252
Workman 1100
Total Price for 1 Unit $
Total Price for 5 Units $
5.209.59
26,047.95
State Contract Number - 070-840-04-1 - Workman Vehicles
Orderin~ Information
Please make all purchase orders out to :
Wesco Turf Supply
Artn: Florida state Contract
300 Technology Park
Lake Mary, FL 32746
Payment Information
Please send checks to:
Wesco Turf Supply
P.O. Box 862087
Orlando, FL 32886-2087
RUG-05-2005(FRI) GB: 49
Wesco Turf. In:
(FRXl941 371 2957 P 011/011
Agenda Item No. 16D8
September 13, 2005
Page 6 of 42
,r. John Viet
Collier County Parks
August5,2005
Page Two of Two
The above quote meets or exceeds ANSI Safety Specification. Taro Consumer/LCE Equipment carries
a one-year limited warranty. Taro Commercial Equipment carries a two-year or 1500 hour warranty. Also
included in the pricing is training as needed for your Service Technicians. Time of delivery may vary;
please check when placing order.
Thank you for considering Wesco Turf, Inc. for your equipment needs. If I can be of any further assistance,
please do not hesitate to contact me.
Sincerely I
WESCO TURF, INC.
~ ~AI2~~
Ken Seeman . 'f)
Territory Manager
Commercial Division
KS/tgd
_CC: Pat Duggins
'JlJier County Schools D8DS05.qt Staie Contract
ax: 239/353-1002
RU5-05-2D05(FRI; 08' dB
u!escc Turf. lnc
(fRX)9111 371 2357 P 004/011
Agenda Item No. 16D8
September 13, 2005
Page 7 of 42
WEsco1J1llf
August 5,2005
Mr. John Viet
Collier County Parks
3300 Santa Barbara Boulevard
Naples, FL 34116
WESCO TURF, INC.
2101 Cantu Court J Sarasota, Florida 34232-6242
941.377.6777 800.486.8873 Facsimile 941.371.2967
Dear Mr. Viet,
Per your request, I am pleased to submit a quotation on the foflowing equipment.
Please Note: All purchase orders should be made out to Wesco Turf, Inc.
2101 Cantu Court, Sarasota, Florida 34232
9!Y:. Model Description Price
1 08884 Sand Pro 2020
1 TSGL650K-7C Rahn Groomer wJ HD Scarifier & ST Scarifier
State Contract Pricing $ 9,908.91
State Contract Number - 515-630-03-1
Additional Discount ($1,913.91 )
Valid 05-01-05 through 07-30-05
Total Price for 1 Unit $ 7,995.00
Total Price for 6 Units $ 47,970.00
Terms: Net 30
47.970.00
~
5{l,848.2EJ.
L/7Qi/1r'/1
I .l,v ,vv
Please indicate your acceptance of this quote as an order by signing below and"returning via
fax to Wesco Turf, Inc.
Equipment Total $
Florida Sales Tax (6%) $
Total $
John Viet
Date
The above quote meets or exceeds ANSI Safety Specification. Toro Commercial Equipment carries a
two-year or 1500 hour warranty. The preceding pricing is good for 30 days, not Including Florida Sales
Tax, after which time new pricing would have to be submitted. Also included in the pricing is training as
needed for your Service Technicians. Time of delivery may vary; please check when placing order. All
payments are subject to state and local taxes, if any_
RU6-05-2005(FRI) 08: dB
Wesco Turf. Inc
(FRXl941 371 2957 P 005/011
Agenda Item No. 1608
September 13, 2005
Page 8 of 42
-.
..dr. John Viet
Collier County Parks
August 5,2005
Page Two of Two
Thank you for considering Wesco Turf, Inc. for your equipment needs. If I can be of any further assistance,
please do not hesitate to contact me.
Sincerely,
WESCO TURF, INC.
1M1~I~
Ken Seeman
Territory Manager
Commercial Division
KS/tgd
CC: Pat Duggins
Collier County Parks 080S0S.qt
Fax: 239/353-1002
RU5-0S-200S(FRI 1 08: 118
Wesco Turf. Inc
(FRX)941 371 e9D! P 006/011
Agenda Item No. 1608
September 13, 2005
Page 9 of 42
WfscolllB!
August 5. 2005
Mr. John Viet
Collier County Parks
3300 Santa Barbara Boulevard
Naples, FL 34116
WESCO TUAF, INC.
2101 Cantu Coun I Sarasota. Florida 34232-6242
941.377.67Tl 800.486.8873 Facsimile941.371.2967
Dear Mr. Viet.
Per your request, I am pleased to submit a quotation on the following equipment.
9.!Y:. Model
Description
State Contract
Price
1
1
08857
08858
Cyclone 1000 Debris Blower
Cyclone Blower Mtg Kit
Total Price for 1
Total Price for 6
$
$
Unit $
Units $
2.471.91
349.97
2,821.88
16,931.28
State Contract Number. 515-630-03-1 - Mowers
Orderin~ Information
Please make all purchase orders out to :
Wesco Turf Supply
Attn: Florida State Contract
300 Technology Park
Lake Mary, FL 32746
Payment Information
Please send checks to.:
Wesco Turf Supply
P.O. Box 862087
Orlando, FL 32886~2087
RU5-05-2005(FRl) 08:48
Wesco Tu rf. I nc
(fRXlgaJ 371 29&7 P 007/011
Agenda Item No. 1608
September 13, 2005
Page 10 of 42
-
,v1r. John Viet
Collier County Parks
August S, 2005
Page Two of Two
The above quote meets or exceeds ANSI Safety Specification. Toro Consumer/LCE Equipment carries
a one-year limited warranty. Toro Commercial Equipment carries a two-year or 1500 hour warranty. Also
included in the pricing is training as needed for your Service Technicians. Time of delivery may vary;
please check when placing order.
Thank you for considering Wesco Turf. Inc. for your equipment needs. If r can be of any further assistance,
please do not hesitate to contact me.
Sincerely,
WESCO TURF, INC.
~~1YI'f
Territory Manager
Commercial Division
KS/tgd
_CC: Pat Duggins
:olller County Schools 080505.qt State Contract
rax: 239/353-1002
RU5-05-2005(FRiJ 08: a9
u1esco Tu rf. I nc
(FRXlsai 371 2957 P DOB/011
Agenda Item No. 1608
September 13, 2005
Page 11 of 42
vlEscolllBf
August 5, 2005
Mr. John Viet
Collier County Parks
3300 Santa Barbara Boulevard
Naples, FL 34116
WESCO TURF, INC.
2101 Cantu Court / Sarasota. Florida 34232-6242
941,3T1.6777 800.486.8873 Facsimile 941.371.2967
Dear Mr. Viet,
Per your request, I am pleased to submit a quotation on the following equipment.
~ Model
Oescriotion
State Contract
Price
1
44830
Aerothatch 83 wJ3" Center
Total Price for 1 Unit $
3,184.49
State Contract Number - 515.630-03-1 . Mowers
Ordering Information
Please make all purchase orders out to :
Wesco Turf Supply
Attn: Florida State Contract
300 Technology Park
Lake Mary, FL 32746
Payment Information
Please send checlr.s to :
Wesco Turf Supply
P.O. Box 862087
Orlando, FL 32886-2087
RUG-OS-cOOS (FR I) 08: 49
Wesco Turf.lnc
(fRX)911 371 2%7 P 009/011
Agenda Item No. 1608
September 13, 2005
Page 12 of 42
,,"'""'"
,.tlr. John Viet
Collier County Parks
August 5, 2005
Page TWD of Two
The above quote meets or exceeds ANSI Safety Specification. Toro Consumer/LCE Equipment carries
a one-year limited warranty. Taro Commercial Equipment carries a tvvo-year or 1500 hour warranty. Also
included in the pricing is training as needed for your Service Technicians. Time of delivery may vary;
please check when placing order.
Thank you for considering Wesco Turf, Inc. for your equipment needs. If I can be of any further assistance,
please do not hesitate to contact me.
Sincerely,
WESCO TURF, INC.
t:evl 5e4n-n J ro/
Ken Seeman
Territory Manager
Commercial Division
KS/tgd
-CC: Pat Duggins
oilier County Schools 080S0S.qt State Contract
ra~ 239/353-1002
RUG-05-2005lFRl) 08: alj
Wesco Turf.lnc
F;;X )941 371 29S7 P C08/009
Agenda Item No. 1608
September 13, 2005
Page 13 of 42
Wfscogf
Mr. John Viet
Collier County Parks
3300 Santa Barbara Boulevard
Naples, FL 34116
WESCO TURF, INC.
2701 Cantu Court I Sarasota, Fiorida 34232-6242
941.3n.6777 800.486.8873 Facsimile 941.371.2967
August 5.2005
Dear Mr.Viet,
Per your request, J am pleased to submit a quotation on the following equipment
State Contract
Price
.9!Y:. Model
Description
1
1
44507
98-5016
Topdresser 2500 $
Jack Stand - TO 2500 $
Total Price for 1 Unit S
8,303.69
141 .29
8,444.98
State Contract Number - 515-630-03-1 - Mowers
Orderin~ Information
Please make all purchase orders out to :
Wesco Turf Supply
Attn: Florida State Contract
300 Technology Park
Lake Mary, FL 32746
Payment Information
Please send checks to :
Wesco Turf Supply
P.O. Box 862087
Orlando, FL 32886~2087
RU5-05-2005(FRI) 08: d5
Wesco Turf. I nc
(FRx)sal 371 2357 P 009/009
Agenda Item No. 1608
September 13, 2005
Page 14 of 42
-",
.r. john Viet
Collier County Parks
August 5, 2005
Page Two of Two
The above quote meets or exceeds ANSI Safety Specification. Tore Consumer/LCE Equipment carries
a one-year limited warranty. Taro Commercial Equipment carries a two-year or 1500 hour warranty. Also
included in the pricing is training as needed for your Service Technicians. Time of delivery may vary;
please check when placing order.
Thank you for considering Wesco Turf, Inc. for your equipment needs. If I can be of any further assistance,
please do not hesitate to contact me.
Sincerely,
WESCO TURF, INC.
Yf::je~~
Territory Manager
Commercial Division
KS/tgd
CC: Pat Duggins
.- oilier County Schools OS0505.qt State Contract
ax: 239/353-1002
RU5-05-200S(FRI) 08:~5
Wesco Turf. In:
(FRX)9al 371 2957 P 00S/009
Agenda Item No. 1608
September 13, 2005
Page 15 of 42
WEscolllBl
August 5, 2005
Mr. John Viet
Collier County Parks
3300 Santa Barbara Boulevard
Naples, FL 34116
WESCO TURF, INC.
2101 Cantu Court I Sarasora, Florida 34232-6242
941.371. 67Tl 800.486.8873 Facsimile 941.371.2967
Dear Mr. Viet,
Per your request, I am pleased to submit a quotation on the following equipment.
9.!Y.:. Model
Description
State Contract
Price
1
44044
Turf Sweeper 4800
Total Price for 1 Unit $ 12,423.54
State Contract Number. 515.630-03-1 . Mowers
Ordering Information
Please make all purchase orders out to :
Wesco Turi Supply
Attn: Florida State Contract
300 Technology Park
Lake Mary, FL 32746
Payment Information
Please send checks to :
Wesco Turf Supply
P.O. Box 862087
Orlando, FL 32886-2087
RUG-05-2005(FRIl 08: /lEi
Wesca Tu rf. J nc
(FRXl9/l1 371 2957 P 007/009
Agenda Item No. 1608
September 13, 2005
Page 16 of 42
-,
lv'1r. John Viet
Collier County Parks
August 5,2005
Page Two of Two
The above quote meets or exceeds ANS! Safety Specification. Toro Consumer/LeE Equipment carries
a one-year limited warranty. Toro Commercial Equipment carries a two-year or 1500 hour warranty. Also
included in the pricing is training as needed for your Service Technicians. Time of delivery may vary;
please check when placing order.
Thank you for considering Wesco Turf, Inc. for your equipment needs. If I can be of any further assistance.
please do not hesitate to contact me.
Sincerely,
WESCO TURF, INC.
1!l~tO[f
Territory Manager
Commercial Division
KS/tgd
-r;c: Pat Duggins
oilier County Schools OB0505.qt State Contract
Fax: 239/353-1002
RU5-05-200S(FRI) 08: ~5
I~esco Tu rf, .. nc
(FRX)9~1 37 2357 P OC2/009
Agenda Item No. 1608
September 13, 2005
Page 17 of 42
WEscolllBI
Mr. John Viet
Collier County Parks
3300 Santa Barbara Boulevard
Naples, FL 34116
WESCO TURF, INC.
2101 Cantu Court I Sarasota. Florida 34232.6242
941.3n.6TT7 800.486.8873 Facsimile 941.371.2967
August 5, 2005
Dear Mr. Viet,
Per your request, I am pleased to submit a quotation on the following equipment.
State Contract
Price
Q!Y:. Model
Description
1
74251
Z S87l 27hp Kawasaki Liquid Cooled wi 60"
TURBOFORCE Deck, wI Dlx Seat. Z Stand & ROPS
Total Price for 1 Unit $
Total Price for 3 Units $
8,046.00
24,138.00
State Contract Number. 515-630-03-1 - Mowers
Orderin~ Information
Please make all Durchase orders out to :
Wesco Turf Supply
Attn: Florida State Contract
300 Technology Park
Lake Mary, FL 32746
Payment Information
Please send checks to:
Wesco Turf Supply
P.O. Box 862087
Orlando, FL 32886-2087
RU5-05-2005(FRI) 08: dS
Wesco Turf lnc
(FRX )941 371 2957 P 003/009
Agenda Item No. 1608
September 13, 2005
Page 18 of 42
-,
..dr. John Viet
Collier County Parks
August5,2005
Page Two of Two
The above quote meets or exceeds ANSI Safety Specification. Taro Consumer/LCE Equipment carries
a one-year limited warranty. Taro Commercial Equipment carries a two-year or 1500 hour warranty. Also
included in the pricing is training as needed for your Service Technicians. Time of delivery may vary;
please check when placing order.
Thank you for considering Wesco Turf, Inc. for your equipment needs. If I can be of any further assis:ance,
please do not hesitate to contact me.
Sincerely,
WESCO TURF. INC.
~~,~
Territory Manager
Commercial Division
KS/tgd
-8C: Pat Duggins
oilier County Schools 080S05.qt State Contract
r3X: 239/353-1002
RUG-05-2005(FRI) 08: 15
Wesco Turf. Inc
(FRX)gal 371 2967 P Ooa/009
Agenda Item No. 1608
September 13, 2005
Page 19 of 42
WEscokf
Mr. John Viet
Collier County Parks
3300 Santa Barbara Boulevard
Naples, FL 34116
WESCO TURF, INC.
2101 Cantu Court I Sarasora. Florida 34232.6242
941.377.6777 800.486.8873 Facsimile 941.371.2967
August 5,2005
Dear Mr. Viet
Per your request, I am pleased to submit a quotation on the following equipment.
State Contract
Price
9.!Y..: Model
Description
1
74252
Z 587L 27hp Kawasaki Liquid Cooled w/72"
TURBOFORCE Deck wi Dlx Seat, Z Stand & ROPS
Total Price for 1 Unit $
Total Price for 8 Units $
8,343.00
66,744.00
State Contract Number - 515-630~03-1 - Mowers
Ordering Information
Please make all purchase orders out to:
Wesco Turf Supply
Attn: Florida State Contract
300 Technology Park
La ke Mary, FL 32746
Payment Information
Please send checks to :
Wesco Turf Supply
P.O. Box 862087
Orlando, FL 32886-2087
RUG-05-2005(FRIl 08:~5
Wesco Turf. lnc
(FRX)9al 371 2957 P 005/009
Agenda Item No. 1608
September 13, 2005
Page 20 of 42
IlI1r. John Viet
Collier County Parks
August 5,2005
Page Two of Two
The above quote meets or exceeds ANSI Safety Specification. Toro Consumer/LCE Equipment carries
a one-year limited warranty. Taro Commercia! Equipment carries a two-year or 1500 hour warranty. Also
included in the pricing is trainIng as needed for your Service Technicians. Time of delivery may vary;
please check when placing order.
Thank you for considering Wesco Turf, Inc. for your equipment needs. If I can be of any further assistance,
please do not hesitate to contact me.
Sincerely,
WESCO TURF, INC.
~e;:::m~
Territory Manager
Commercial Division
KS/tgd
-SC: Pat Duggins
oilier County SchoolS 08050S.qt State Contract
Fax: 239/353.1002
Agenda Item No. 1608
September 13, 2005
Page 21 of 42
D,SBROW ENTERPRISES I Ne.
Quote
631 5 NW 71 T efrace
Parkland, Florida 33067
Date
8-- "3/-D~
Phone: 954-345-8577 Fax: 954-340-3490
Municipal Pricing
QTY I Description Unit Price Total
1 Lastec Model 3682 Self Contained Mower with 36 HP $23,895.00 $23.895.00
Kubota Enqine and 4- 21" articulatina cuttina decks
82' width of cut, ZTR desian, ROPS
Less 10% State Contract -$2,389.50
$21,505.50
Sales Tax
Total $21,505.50
This Quote is good for 90 days
Thank you for the opportunity and we look forward to your continued
Interest .
Quoted By : Mike McCabe
Quote Accepted By:
Date Accepted:
Requested Date of DelivelY:
D,SBROW ENTERPRISES INC.
Agenda Item No. 1608
September 13, 2005
Del" R Pag~ 2i of 42
Ivery ec91p
Date: ~ -.3 ) ~ 0 ~
6315 NW 71 Terrace
Parkland. Florida 33067
Phone: 954-345-8577 Fax: 954-340-3490
Delivered To: ~ 2
Name: Vfl v".(' c:'t c:::::, S:)- r~"\ J~ ~
Address:
Address:
PH: ;:<:5' ~ - :5 ~s- )<X).~,
QTY Descrtotlon Unit Price Total
I .5d-1. YK /39;;0
.I
L.{l..si J~.2).() / 5 ()
rr 5/5- h3D - 02 / Sales Tax
Total } ;;;, ff J.. '-1
.J
Thank you for the opportunity and we look forward to your
continued Interest.
Accepted By:
Date Accepted:
Agenda Item No. 1608
September 13, 2005
Page 23 of 42
veit~
From:
Sent:
To:
Subject:
Potts, Ellen [POTTSE@dms.state.fl.us]
Monday, August 15, 2005 4:35 PM
veitj
RE: Contract No. 515-630-03-1
Hi, John:
The items listed below will be included in ehe seate term contrac::: for Lairm
Equipment. (The May revision included an exeension to the vJesco!Toro
promotional pricing, but we actually didn't receive the ne", produce
information for review until late Ju}y.) I am currently processing the
official contract revision tc include the new listings; I anticipate this
will be posted on the state contract web site within the next two weeks.
We appreciate your business - please let me know if you need furcher
verification.
T'nanks t
Ellen Reese Potts, CPPB, FCPM
Purchasing Pillalyst
DMS/State Purchasing
pottse@~~s.stace.=l.us
850-488-1985
850-488-5498 fax
-----Original Message-----
From: veit_j [mailto:johnveit@colliergov.nec]
Se~:lt: Friday, J\ugust 12,20058:18 M'I
70: Potts, Ellerl
Subject: FW: Contract No. 515-630-03-1
Ellen,
The specific items are from WescoTurf and are as follows:
Infield Pro 2020
Cyclone Blower for the 2020
}I.eorthatch 83
'dorkman 1100
Z 587L z-r1ov/er
Turf Sweeper 4800
TODd~esser 2500
Please con~iYm that these ~=ems are all state contrac~ items.
Thanks,
John c. \lei::::
Parks Superintendent
Parks & Recreation
-~c'Jhatever .zunerica hopes to b2:".:ng ,_
in the he2.rt of l'u'Uerica.
:Jass
t.he VJo::::<l.d TIlUS::
firsc come LO pass
--Dwight Eisenhower
> -----Original Message-----
> From: veit_j
> Sent: Monday, Augus (lB, 2005 3:l7 PM
> To: 'pottse@dns.state.f .us'
> SubJect: Contracc No. 15-630-03-1
>
> Ellen,
>
Agenda Item No. 1608
September 13, 2005
Page 24 of 42
> According to Memorandum No. (515-630-03-1)-9 dated May 16, 2005,
contractors have updated product and/or pricing. The contract on the web
site doesn't reflect the changes. Could you please provide me with that
information?
>
> Collier County Parks & Recreation
> 3300 Santa Barbara Blvd.
> Naples, Fl 34116
> 239-353-0404
>
> Thanks,
>
> John C. Veit
> Parks Superintendent
> Parks & Recreation
> Whatever America hopes to bring to pass in the world must first come to
pass in the heart of America.
> --Dwight Eisenhower
>
2
Message
Agenda Itjrit~~-RIds
September 13, 2005
Page 25 of 42
______~_.__,__._____~___"__~________.__~_.___._~.__.____...____.___~___~.~_~_____.__.__~~______...A_.______~_"~-------.-.~.
veit,j
From: Ken Seeman [Ken.Seeman@wescoturLcom]
Sent: Wednesday, August 10, 2005 9:37 AM
To: veitj
Cc: Pat Ouggins
Subject: FW: State Contract Info.
John, this IS the E-Mail you requested Confirming that the equipment you plan to order is all on Florida State
Contract.
The only correction I need to make to Mr. Reano's reply is that the Workman 1100 is on contract number 070-
840-04-1
All else is on Contract number 515-630-03-1
____________.._._ __*_.~_____.._.___.___..~_ .~.___^" _ '_"__'__'___'__'__.~"_ H' .__.' __~_ _._..... _.___"_ _ _,_____ _______ ~.- --- _____ - -..-----'----- - -- -- ----.-- .---..---.-.----.---.-~-_.----..--..-----.---
From: Brad Reano
Sent: Wednesday, August 10, 2005 9:28 Af'.1
To: Ken Seeman
Subject: RE: State Contract Info.
Ken,
All of the items you've listed are currently approved and available under State Contract # 515-630-03-1 lawn
Equipment
Brad Reano
Vice President Sales
407-333.3600
brad. reano@wt'lupply.com
-----Original Message-----
From: Ken Seeman
Sent: Wednesday, August 10, 20059:23 AM
To: Brad Reano
Subject: State Contract Info.
As State Contract Representative for Wesco Truf Supply. The Vendor of record for Florida State Contract, I
need conformation that the follow list of equipment is all covered by the current State Contract.
Collier County Parks is putting together an order that consists of the following items,
Infield Pro 2020
Cyclone Blower for the 2020
Aeorthatch 83
Workman 1100
Z 587l Z -Mower
Turf sweeper 4800
Topdresser 2500
Please confirm that these items are all state contract items.
8/1 O/l005
,-
DEI'ARTMENT OF Mi\NAGEMENT i
SERVICES.
''We serve those who
serve Florida"
JEB BUSH
CtlVenlor
Tom Lewis,Jr.
Secretar}'
"~*'t lvIyFloridacom
~I:,
'\;t..i
Office of the Secretary
4050 Esplanade Way
Tallahassee, Florida
3~399,O()SO
Telephone:
850-488-278G
Fax:
850 9~2(,149
Internet:
\""\\7v,.MyFlonda.com
Agenda Item No. 1608
September 13, 2005
Page 26 of 42
May 16,2005
MEMORANDUM NO.:
(515-630-03-1)-9
TO:
User Agency
FROM:
Director, State Purchasing
SUBJECT:
Contract No, 515-630-03-1
Title: Lawn Equipment
The subject contract has been renewed through May 20, 2006.
The following contractor was not renewed:
. Tresca Equipment Company
The following contractors have updated product and/or pricing:
. Ariens Company
. Excel Industries, Inc.
. Ferris Industries, Inc.
. Florida Outdoor Equipment
. Gulf Coast Tractor and Equipment
. John Deere Company
. Live Oak Lawn Supply, Inc.
· Roberts Supply, Inc.
. Stihl Southeast, Inc'.
. Wesco Turf Supply, Inc.
Any questions or problems in delivery or service that may arise regarding
this contract should be directed to the Contract Administrator.
DSP/
Agenda Item No. 1608
September 13, 2005
Page 27 of 42
DEPARTMENT OF MANAGEMENT
MyAorida corn
- ,,~.-,;,.,~'~'\.
~."..
; \~
'.., ~
The Admillistratit'e and OperatiolT.! ..11'm
o{ Florid" 's CIIf"'r1l111el1/
SERVICES
lEll BUSl!. (;OVI'K'\()!(
ROHlClrrH.llos.\Y,I'\Tllllc.1SECRLT\RY
Suite 31 5
CERTIFICATION OF CONTRACT
TITLE: Lawn Equipment
CONTRACT NO.: 515-630-03-1
ITB NO.: 55-515-630-R
EFFECTIVE: June 09,2003 through May 20, 2004
RENEWAL: Ma'Y 21. 2004 thrall!:!h Mav 20,2005
21\D RENEWAL:- May 21, 2005 through ?-vlay 20, 2006
(Rev 16 May 05)
SU PERSEDES: 515-630-00-1
CO!\TR.A.CTOR(S): Ariens Company (A)
Ariens Company (Gravely) (A)
Disbrow Enterprises, Inc. (0)
Exccl1ndustries, Inc. (C)
Ferris Industries, Inc. (A)
Florida Outdoor Equipment (R)
Garden Service and Sales. Inc. (Al
Gulf Coast Tractor and Equipment (A)
John Deere Company (A)
Kilpatrick Turf Equipment, Inc. (A)
Kut-Kwik Corporation (A)
Live Oak La\vn Supply, Inc. (R)
Mulvaney's. Inc. (B)
Roberts Supply, Inc. (l\)
Sarlo Pcmer Mowers. Inc. (A)
Stih] Southeast, Inc. (A)
V/csco TurfSupp1y, Inc (/1.)
(Rev 16 J\1av 05)
A. AUTHORITY - Upon affinnative action taken by the State of Florida Department of
Management Services, a contract has been executed between the State of Florida and the
designated contractors.
B. EFFECT - This contract \vas cntcrcd into to provide economics in the purchase of La"wn
Equipment, by all State of Florida agencies and institutions. Therefore, in compliance
with Section 287.042, Florida Statutes, all purchases of these commodities shall be made
under the tenns, prices, and conditions of this contract and with the suppl iers specified.
j~::l!C P:t1^:h,1/ir..?. 40:;0 E,~)/a/i,;.(lr Ir~!;-. 'l>i.YahdJ'Ft r;/oridt: 32399.(/c}:;O. Tf/-:pho1!f': 8'i;J-4SlrR.:/--IO. F;l/_+: ,~'5()-":!4~6;'2~)
Agenda Item No. 1608
September 13, 2005
Page 28 of 42
CONTRACT ADMINISTRATOR
ELLEN POTTS
PHONE: (850) 488-1985
SUNCOM 278-1985
E-MAIL: pottsc((iJdms.state.f1.us
Agenda Item No. 1608
September 13, 2005
Page 29 of 42
PRICE SHEET
LA WN EQUIPMENT
MANUFACTURER OR BRAND NAME:
PERCENT(%)
DISCOUNT
TORO
Price Sheet Numbcr and Date: Products 11-1-04
Discount to be used with Price List: ....................................................
210lrl (34
Parts Price List Number and Date: Parts List 11- J -04
Discount to be used \vith Parts Price List: 0%
Attachments! Accessory Price Sheet Number and Date: Optional Acces. 11-1-04
Discount to be used with Attachments/Accessory Price List: 15%
CONTRACTOR: Wesco TurfSupplv. Inc
SALES PROMOTION PRICELIST & DATE: 2004-2005 Toro Landscape Contractor
Equipment Promotional Pricing, EFFECTIVE THROUGH November 1,2005.
Discount: Varies by product line - contact W csco.
(Rev 16 May 05)
YAZOO/KEES PO\VER EQUIPMENT
Price Sheet Number and Date: 2005 Distributor Price List Auuust 1, 2004
(Rev 16 May 05)
Discount to be used with Price List; ..... ... . ... . ...... . ..... .... .... ..... . . .. . .. . .. . . ..
20{~'()
(35
Parts Price List Number and Date: Januarv I. 2005
(Rev 16 May 05)
Discount to be used with Parts Price List: 5%
Attachments/Accessory Price Sheet Number and Date: 2005 Auuust 1. 2004
(Rev 16 May 05)
Discount to be used with Attachments//\.ccessory Price List: 15%
CO:KTRACTOR: Florida Outdoor Equipment. Inc.
(Rev 17 Feb 05)
57
Agenda Item No. 1608
September 13, 2005
Page 30 of 42
ORDERING INSTRUCTIONS
CONTRACTOR:
\Vesco Turf Supplv. Inc.
SPURS VENDOR NUMBER:
F522I20964001
Please identify the person who will be responsible for administering the Contract on your behalf
if award is made, and include an emergency contact phonc number:
Name: Brad Reano
Title: Vice President Sales
Street Address: 300 Technologv Park. Lake Marv, FL 32746
E-mail Address:brad.reano0)wtsupplv.com
Phone Number(s): 407-333-3600 800-393-3366
Fax Number: 407-333-9246
If the person responsible for answering questions about the bid is different from the person
identified above, please provide the same information for that person.
Name:
Title:
Street Address:
E-mail Address:
Phone Number(s):
Fax Number:
Ordering Information:
Please provide the following infomlation about where Customers should direct orders. You must
provide a regular mailing address. If equipped to receive purchase orders electronically, you
may also provide an Internet address.
Spurs lnfomlation Number: F52212096400 I
Name: Brad Reano
Title: Vice President Sales
Street Address or P.O. Box: 300 Technology Park
City, State, Zip: Lake Mary, FL 32746
Phone Number: 407-333-3600
Toll Free Number: 800-393-3366
Ordering Fax Number: 407-333-9246
Internet Address: wtsupplv(([/wtsuplv.colll
Federal ID Number: 522120964
Remit Address: 300 Technologv Park
City, State, Zip: Lake Marv. Fl 32746
NOTE: Duplicate as necessary for multiple ordering locations.
92
Agenda Item No. 1608
September 13, 2005
Page 31 of 42
AUTHORIZED SERVICING DEALER LIST
LIST BELOW ONE OR MORE IN-STATE REPRESENTATIVES, INCLUDING tv1.A.ILfNG
ADDRESSES AND TELEPHONE NUMBERS.
NAME
ADDRESS & PHONE NO.
For Local Authorized Servicing Dealer List Call 800-393-3366 or Fax 407-333-9246
CO]\,jR.ACTOR NAME: \Vesco Turf Supply, Inc.
PUR 7078 ((J4!96)
93
DElJARTMENT OF MANAGEMENT
SERVICES
''We serve those who
serve Florida"
JEB BUSH
Ciovemor
Tom Lewis, Jr.
Secretary
MyFlorida.com
~.
Office of tbe Secretary
4050 Esplanade \X'ay
'rallahassee. Flonda
32399-09')0
Telephone:
850-488-2786
Fax:
850922-6149
Internet:
www.MyFlorida.coIT1
Agenda Item No. 1608
September 13, 2005
Page 32 of 42
Suite 360
April 1,2005
MEMORANDUM NO.: (070-840-04-1 )-2
TO:
User Agency
FROM:
Director, State Purchasing
SUBJECT:
Contract No. 070-840-04-1
Title: Small Utility Vehicles, ATVs & Motorcycles
The following changes have been made to the subject contract:
Florida Coast Equipment has replaced the Mule 550 with a Mule 600 in
Commodity # 070-880-435. This revision includes an increase in the base
pnce.
Wesco Turf Supply. submitted new manufacturer's pricelists for Commodity
Numbers: 070-840-400, 070-840-450, 070-840-550. 070-840-600 and 070-
840-900 in accordance with the terms of the Contract.
Any questions or problems in delivery or service that may arise regarding
this contract should be directed to the ~~c.mtri!Cl_':\~!IJlirJ.i;it1.:~lJl}T.
DSP/jdb
CONTRACT ADMINISTRATOR
Agenda ItlritiffiJ.1 f?!o1
September 13, 2005
Page 33 of 42
CONTRACT ADMINISTRATOR
JIM DEN BLEYKEH
PHONE: (850) 488-8367
SLTNC01VI: 278-8367
E-MAIL: denh)ej@>dl1ls.stat~.f1.us
http://www.myflorida.com/st_contracts/070840041/administrator.htm
8/16/2005
[Contract Number) -- Vendor Information
PaflC 1 nL I
Agenda Item 'No. 10U8
September 13, 2005
Page 34 of 42
Small Utility Vehicles, A TVs & Motorcycles
070-840-04-1
Price Sheets
CQMMQQIIY NO--,-
DESCRlpTIQlS
Crl.!156{)-():') 0
Police Motorcycle, Two Wheel, 998cc Gasoline Engine
010:560-66.0
Police Motorcycle, Two Wheel, 1450cc Gasoline Engine
070:840:400
Utility Vehicle, Off-Road, Four Wheel, Gasoline, 1200 Ibs. Payload
070-84.o:4SQ
Utility Vehicle. Off-Road, Four Wheel, Gasoline. 1500 lbs. Payload
07Q-840:550
Utility Vehicle, Off-Road, Four Wheel, Gasoline, 2000 lbs. Payload
070:840:6QQ
Utility Vehicle, Off-Road, Four Wheel, Gasoline, 2400 Ibs. Payload
070:84.0-650
Utility Truck, Off-Road, Four Wheel, Gasoline, 2000 lbs. Payload
07Q:840:900
Utility Vehicle, Off-Road, Four Wheel, Electric, 900 Ibs. Payload
070:840:91 Q
Heavy Duty Utility Vehicle, Off-Road, Four Wheel, Electric, 3000 Ibs.
Payload
(11.ct:8:')O::4J!O
Personnel Vehicle, Four Passenger, Four Wheel, Gasoline
flZf2: 85fl:2(10
Personnel Vehicle, Six Passenger. Four Wheel, Gasoline
070- 85D: 550
Personnel Vehicle, Eight Passenger, Four Wheel, Gasoline
()lQ-850:,575
Personnel Vehicle, Eight Passenger Van. Four Wheel, Gasoline
070-850-60Q
Personnel Vehicle, Four Passenger, Four Wheel, Electric
070:850- 700
Personnel Vehicle, Six Passenger, Four Wheel. Electric
07Cl-BSO-750
Personnel Vehicle, Eight Passenger, Four Wheel, Electlic
m()--8~Q:4QQ
All Terrain Vehicle, Four Wheel 4x2, 228cc Engine, Minimum
(j]O-88-.a:4:lQ
All Tcrrain Vehicle, Four Wheel 4x.2. 290cc Engine. Minimum
070-8S()-415
All Terrain Vehicle, Four Wheel 4x2, 362cc Engine, Minimum
Q]Jl-88()-420
All Terrain Utility Vehicle, Four Wheel, 617cc Engine, 4x2
http://vv'ww.myflorida.com/sccontracts/0708400411pri ce. h tm
8/16/2005
070-840-400
Agenda ItIJf!Wo~ fEfo-'1
September 13, 2005
Page 35 of 42
070-840-400
UTILITY VEHICLE, OFF -ROAD, FOUR WHEEL. GASOLINE, 1200
LBS. I> A YLOAn
NOTE: This detailed specification is not complete unless it is used in conjunction with all
conditions listed in the Technical Specifications.
INTENDED USE
USED FOR A.PPLlCATIONS IN RESTRICTED AREAS TO TRANSPORT LIGHT CARGO
AND UP TO TWO OCCUPANTS.
ENGINE: One cylinder, four cycle, 11 HP, minimum. Electric starler, charging system and
battery.
ELECTRICAL SYSTEM: 12-volt electrical system.
TRANSMISSION: Manufacturer's standard transmission with forward and reverse gear (s).
SUSPENSION: Manufacturer's standard front and rear suspension.
PERFORMANCE ITEMS: Travel speed, 12 mph, minimum. Hour meter (may be dealer
installed if not available as factory installed).
CO!\1FORT ITEMS: Foam padded scat \vith backrest.
SAFETY ITEMS: Mechanical or hydraulic brake system with parking brake. Electric horn.
lJeadlights, tailJight(s). Slow Moving Vehicle emblem (SMV). Rearview mirror(s).
TIRES & WHEELS: Manufacturer's standard tires and wheels.
CHASSIS, FRAME & CHASSIS: "Pickup" or "stake side" type body; minimum 1200 Ibs. total
payload, capacity includes operator and cargo. Seating for two occupants. Canopy top with full
windshield (may be dealer installed if nol available as factory installed). Manufacturer's
standard paint and color.
http://www.myflcllida.com/sccontracts/070840041/price3.htm
811612005
070-840-400
Agenda Itlrif~~fG
September 13, 2005
Page 36 of 42
070-840-400
MAKE: CLJllLCAE,
CONTRACTOR
MODEL
*DISCOUNT
F.O.B.
CONTRACTOR
PRICE
CLUB CAR. INC
CARR Y ALLlTURE
U
Q,012
5.350,QQ (3)
Percentage discount off cunent published retail pIices for Attachments/Equipment. (The
percentage discount is applied to the manufacturer's current published retail prices for additional
Attachments/ Equipment for the "Base Unit".)
NA% Discount Attachment/Equipment
NOTE: Where necessary, factory attachments/equipmentJpans/components/options may be
installed by the dealer, if the attachments/equipment/parts/components/option is not available as
factory installed. All prices include installation.
*Discount for pick up by ordering agency at contractor's place of business.
Approximate delivery time required after receipl of order: 3Q_12AYS.
http://www.myllorida.comfst_contracts/070840041/plice3.htm
8/16/2005
070-840-400
Agenda Itfrft~o~ ftoll
September 13, 2005
Page 37 of 42
(REV 01 APR 2005)
070-840-400
MA.KE: TO_RQ
CONTRACTOR
MODEL
*DISCOUNT
F.O.B. CONTRACTOR
PRICE
WESCQTURF SUPPLY
WORKMAN
1100
(WO
$5945.21 (3)
Percentage discount off current published retail prices for Attachments/Equipment. (The
percentage discount is applied to the manufacturer's current published retail prices for additional
Attachments/ Equipment for the "Base Unit".)
l~% Discount Attachment/Equipment 11/01/2004
NOTE: Where necessary, factory attachments/equipmenUparts/componcnts!options may be
installed by the dealer, if the attachments/equipmentlparts/components/option is not available as
factory instalIed. All prices include installation.
*Discount for pick up by ordering agency at contractor's place of business.
Approximate delivery time required after receipt of order: 31LDA )~S
hUp:! Iwww.myflorida.com/sccontracts/070840041/price3.htm
8/1612005
[Contract Number] -- Vendor Information Agenda It~4%~~
September 13, 2005
Page 38 of 42
07.Q.:-_81m:-..12.5 All Terrain Utility Vehicle, Four Wheel, 425cc Engine, 4x2
070-S 80:-430
All Terrain Utility Vehicle, Four Wheel, 350cc Engine, 4x2
070=880-435
All Terrain Utility Vehicle, Four Wheel, 286cc Engine, 4x2
070-=:880:-600
All Terrain Vehicle, Four Wheel 4x4, 280ce Engine, Minimum
Q7Q:-S8Q:-6l0
All Terrain Vehicle, Four Wheel 4x4, 362cc Engine, Minimum
070-880:-620
All Terrain Utility Vehicle, Four Wheel, 617ce Engine, 4x4
OZO_:-8 8Q-6 2 5
All Terrain Utility Vehicle, Four Wheel, 49gec Engine, 4x4
07 o_=-aSo_:-Q:lD
All TeITain Vehicle, Four Wheel 4x4, 493cc Liquid Cooled Engine, .
Minimum
OZO:-8S0-66Q
All Terrain Vehicle, Four Wheel 4x4, 633cc Liquid Cooled Engine,
Minimum
070.:-880-670
AU TetTain Vehicle, Six Wheel 6x6, 499cc Liquid Cooled Engine,
Minimum
OZ():-88Q-800
All Terrain Utility Vehicle, Six Wheel, 617ce Engine, 6x4
(rZQ:-88Q-8J 0
All Terrain Utility Vehicle, Six Wheel, 499cc Engine, 6x6
Q7Q-880:-9Qo
Amphibious Utility Vehicle, Six Wheel, Gasoline, 6x6
070J~80:-250
Amphibious Utility Vehicle, Eight-Wheel, Gasoline, 8x8
h up:/ /\VWW .myflorida.com/sl_contracts/070840041/price. htm
8/16/2005
MyRorida.com
trlft(.. "'''k.""~...,,
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-.....:
The AdministmlitN' and Operations Arm
ofFJorida S G01/ernmenl
Agenda Item No. 1608
September 13, 2005
Page 39 of 42
DEPARTMENT OF MANAGEMENT
SERVICES
JEll Bus! f, GOVERNOH
RommT H. HnSA Y. JNTERllvl-SECR1.TARY
Suite 315
CERTIFICATION OF CONTRACT
TITLE: Lawn Equipment
CONTRACT NO.: 515-630-03-1
lTB NO.: 55-515-630-R
EFFECTIVE: .Tune 09, 2003 through May 20, 2004
RENEWAL: May 21, 2004 through May 20,2005
2ND RENEWAL: May 21, 2005 through May 20, 2006
(Rev 16 May 05)
SUPERSEDES: 515-630-00-1
CONTRr\CTOR(S): Ariens Company (A)
Ariens Company (Gravely) (A)
Disbrow Enterprises, Inc. (0)
Excel Industries, Inc. (C)
Ferris Industries, Inc. (A)
Florida Outdoor Equipment (R)
Garden Service and Sales, Inc. (A)
Gulf Coast Tractor and Equipment (A)
.Tohn Deere Company (A)
Kilpatrick Turf Equipment, Inc. (A)
Kut-Kwik Corporation (A)
Live Oak Lawn Supply, Inc. (R)
Mulvaney's, Inc. (B)
Roberts Supply, lnc, (A)
Sarlo Power Mowers, Inc. <A>
Stihl Southeast. Inc. (A)
Wesco Turf Supply, Inc (A)
(Rev 16 Mav 05)
A. AUTHORITY - Upon affirmative action taken by the State of Florida Department of
Management Services, a contract has been executed between the State of Florida and the
designated contractors.
B. EFFECT - This contract was entered into to provide economies in the purchase of Lawn
Equipment. by all State of Florida agencies and institutions. Therefore, in compliance
with Section 287.042. Florida Statutes, all purchases of these commodities shall be made
under the terms, prices, and conditions of this contract and with the suppliers specified.
j'tr.JU P!frchmn{g. 4050 E.rp/anadf IF':J. Tal/abaJJN. F/orida 3::399...0950. Tc!{y'lixme: 850488-8440. Fa.>::.' 850-414-6122
ORDERING INSTRUCTIONS
Agenda It~~0.11%bt
September 13, 2005
Page 40 of 42
QRD_ERlN_GINSTRUCIIQNS
CONTRACTOR:
Disbrow EDterprisc_s..._______.____
SPURS VENDOR NUMBER:_.._____t.6_5lD.6665QD_QJ._..._._.__
Please identify the person who will be responsible for administering the Contract on your behalf if
award is made, and include an emergency contact phone number:
Name :_._DayidJ2isbrQ W_.__.__._._._.____.._..___.
Title: _____yjs:;_~Pr~.sid~DJ_______________
Street Address :___..__8.3.15_.N. W .11m.I.~ITas:;c,.ParkJand,EIQrL4L3.1Q87____
E-mail Address: _....djsbm.w~nt@_aQLs:;.Qm..__.___
Phone Number(s): 954-345-8577
Fax Number: ...954.:3.4Q:3.42Q__
If the person responsible for answering questions about the bid is different from the person identified
above, please provide the same information for that person.
Title:
Street Address:
E-mail
Phone Number(s):
Fax Number:
Orderin g..lnfuImalLQD";'
Please provide the following information about where Customers should direct orders. You must
provide a regular mailing address. If equipped to receive purchase orders electronically, you may also
provide an Internet address.
Spurs Information.Number:
Name:
Title:
Street Address or P.O. Box:
City, State, Zip: _____
Phone Number:
Toll Free Number:
Ordering Fax Number:
Internet Address:__._.___
Federal ID Number:
Remit Address:.. .._________.
City, State, Zip:_
F651066650001____.
_______ Raida Disbrow
..._____.__Presi dent _________
_.________8315 N.W. 71M
_____. Parkland. Florida 33087
9 ~4:.3A5.:8)77
25.4-340-3490
disbrowG.nt@,lol..cOJD
65J 066650
83.L'iN. W.}I iitIerrace ....
P<:lrkl and,_Fl o@fL130 8 7_________________
NOTE: Duplicate as necessary for multiple ordering locations.
http://www.myflorida.com/sccontracts/515630031/order3.htm
8/31/2005
ORDERING INSTRUCTIONS
Agenda ItJit~~1<eD8
September 13, 2005
Page 41 of 42
AIJ.IIlORIZED SERYICING DEALER LIST
LIST BELOW ONE OR MORE IN-STATE REPRESENT A TIVES, INCLUDING MAILING
ADDRESSES AND TELEPHONE NUMBERS.
NAME
ADI2Ri:SS & PHONE NO.
_rQr L_Q~_<!LAllthorized Servicing De.<lle.r List Call 954-34S:8.i7LQIE<.l2L25A:_340:14_90
-
CONTRACTOR NAME: Disbrow Enterprises
PUR 7078 (04/96)
http://www.myf1orida.com/sccontracts/515630031/order3.htm
8/31/2005
_,_"....._"_~~li'i<I,"'"IC!l1oOl.W'""'''''.~,''"''"','''
PRICE SHEET
Manufacturer or Brand Name Bid:___EXl11arkMlll1ufacturing Company. Inc.
Price Sheet Number and Date: 1-28-03
Discount to be used with Price List: ...................................................
Parts Price List Number and Date: See l~J!th~lfiz~(LS~rvicing Dealer ______
Discount to be used with Parts Price List: See Auth9Jjz~(::LSJ~IYki.ng Dealer
Attachments/Accessory Price Sheet. Number and Date:..__LZ8-:.o2____._,_.____
Discount to be used with Attachments/Accessory Price List....___2Q%_
CONTRACTOR: Roberts Supn1v,.lncL___
Manufacturer or Brand Name Bid: Great Statc.sJAIIAmeriQf11L
AgendaI?tmIr ~6. '1f6~
September 13, 2005
Page 42 of 42
28%
(36
Price Sheet Number and Date:_______I"I:o,jl__1:.1...::..ol__________
Di scaunt to be used with Price List: .................................................. ..__Add 61 % (36
Parts Price List Number and Date: January2Jl..oJ_
Discount to be used with Parts Price List:
Attachments/Accessory Price Sheet Number and Date: No.51 3-1-:.03
Discount to be used with Attachments/Accessory Price List---.1\dd 6J%______
CONTRACTOR: Garden.SerYlce and.c..Sales ______.___.
Manufacturer or Brand Name Bid:_L_gBlecCTlle Articulator)
Price Sheet Number and Date: .2_QQ2-2.o.o3 OctaberJ,2QS12._____
Di scount to be used with Price List: ....................................................
Parts Price List Number and Date: .. _ 20Q2-=2..oQ:2.._Qc;Jober l,ZQQ::L.________
Discount to be used with Parts Price List: 10%
Attachments/Accessory Price Sheet Number and Date:2Q02:-2.o03JQ/Jj.o2
Discount to be used with Attachments/Accessory Price List: ]()%
CONTRA CTOR_Uisbrow Ent~prise& I nC.L.__.____..__
http://www.myflorida.com/sCcontracts/51563.o.o31/PRICE%20SHEET.htm
10~ __ ___ (36
8/31/2.005
Agenda Item No. 1609
September 13, 2005
Page 1 of 3
EXECUTIVE SUMMARY
Recommendation to accept a donation in the amount of $3,833.52 from the
Veterans Council of Collier County, Inc. and establish a separate trust fund
to account for all donations and expenses associated with the Freedom
Memorial project
Obiective: To properly account for funds donated and expended in association with the
Freedom Memorial project.
Considerations: On May 25, 2004 the Board of County Commissioners proclaimed
September 2004 and every September thereafter to be Freedom Month in Collier County.
Part of the Board's vision in so proclaiming was to see a permanent memorial to freedom
erected at the Collier County Government Center.
At its April 26, 2005 meeting, the Board of County Commissioners chose a Freedom
Memorial design from among three finalists recommended by the Freedom Memorial
Task Force. The design, submitted by Gerald Ladue (formerly of Massachusetts but now
a resident of Collier County) incorporates a l3-foot-tall waving American flag of granite
cladding, surrounded by benches and a reflecting fountain, and fifty stepping stones
representing each of the states.
The Board of County Commissioners has committed $89,000 to fund the design portion
and an estimated $80,000 for site work associated with the Freedom Memorial project.
The design is being conducted by Dan Summers of BSSW Architects. At this time the
architects' estimate of construction cost is $1,854,050. Construction of the project,
excepting site work, will be funded entirely through private donations. To that end, the
Veterans Council of Collier County, Inc. has secured to date donations in the amount of
$3,833.52.
Fiscal Imoact: Approving this item will establish a separate fund to account for
donated funds and expenditures associated with the Freedom Memorial project and will
place the initial donation of $3,833.52 in that fund.
Growth Manaaement Imoact: No growth management impact is associated with this
action.
Recommendation: That the Board of County Commissioners accepts a donation in the
amount of $3,833.52 from the Veterans Council of Collier County, Inc.; establishes a
separate fund to account for donated funds and expenditures associated with the Freedom
Memorial project; and approves any necessary budget amendments.
Prepared by: Amanda Townsend, Operations Analyst, Parks and Recreation
Item Number:
Item Summary:
Meeting Date:
hqenda Item No. 1609
"September 13, 2005
Page 2 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16D9
Recommll'ndation to ;;lccepl a donation in the amount of $3.833.52 from the Veterans Council
of Collier County, inc. and establish a o;eparale trust fund to accOullt for all donations and
expenses associated with the Freedom Memonal project
9/13120059:00:00 AM
Dot.
Approved B}'
Kathy Carpenter
Public Servl(;es
EKecutive Secretary
Public Services Admin,
8131120053:13 PM
Dot.
Approved By
8arryWiIliamll
Public Servic;es
Human Services Director
Human Services
8131120053:29 PM
Dote
Approved B}'
OMS Coordinator
County Manager's Office
Adminilltrative Assistant
Office of Management & Budget
8/31120054:04 PM
Date
Allproved B~'
G.;uy A. Vincent
County Manager's Office
Management & Budget Anaiyst
Office of Management & Budget
8131120054:18 PM
Date
Allllroved B~..
Michael Smykowski
County Manager's Office
Management & Budget Director
Office of M.magernent 8. Budgel
91112005 12:58 PM
Dm.
AI1IlrO\'cd B}'
James V, Mudd
Board ot County
Commis5ioners
County Manager
County Man<\ger's Office
911120058:28 PM
BSSW
ARC HIT E C T S. I N C
Ronald G. Weaver. AlA
Eugene C. Schmitt, AlA
Daniel A. Summers, AlA
Kenneth L. Lamers. RA
Kevin M Williams, AlA
Fort Mvers Office
1520 Royal Palm Square Blvd.
Suite 300
Voice: (239) 278-3838
Fax: (239) 275,5356
Naples Offlee
949 Central Ave.
Naples. FL 34 I 02
VOlce: (239) 643.3103
Fax: (239) 643-7435
Website: BSSWarchitects.com
License # A.A.-COO 1836
Agenda Item No. 1609
September 13, 2005
Page 3 of 3
August 15,2005
Freedom Memorial
Collier County, Florida
Architect's opinion of cost
Preliminary Design Phase
unit
Description of work Amount units cost Totals
Site work $80,000
landscapinq $50,000
Irriaation $30,000
Electrical $30,000
Liahtina $40,000
Stone Fountain $75,000
Security I $40.000
Granite paving
United States Map 1310 sf $150 $196.500
Approach pavinq 834 sf $150 $125.100
Continuous steps 363 If $280 $101,640
Granite claddinq
Stars 200 sf I $400 $80,000
Stripes polished 500 sf $180 $90.000
--.---.-
StriDes un-polished 500 $160 $80.000
Granite column & qlobe $90.000
Granite eaqle $50.000
3 Granite benches $30,000
----
Granite dedication podium $30.000
-
State monuments 50 ea $2,000 ~ouu
Concrete structure & foundations $50,000
-_.,'_._.~-_._.-..
Steel structure ! $15,000
Storm water pipinq I $10,000
Handrails and quard rails I $10.000
Bronze plaques and monuments I $20,000
Stone walkway paving wi I
inscriptions 2000 $20 $40,000
Subtotal $1,563,240
25% contlngencv $390.810
Opinion of cost -~050
}CO)ON;
/ f 51 O~O
i I
-,
Agenda Item No. 16E1
September 13, 2005
Page 1 of 7
EXECUTIVE SUMMARY
Recommendation to approve and execute a Lease Agreement with State Representative Mike
Davis for use of office space at the Government Center for $10 annually.
OBJECTIVE: Provide State Representative Mike Davis office space within the W. Harmon Turner
Building.
CONSIDERATIONS: Representative Mike Davis began utilizing office space on the first floor of the
Harmon Turner Building upon his election in January 2004. Anticipating relocating Representative Davis to
permanent offices, entering into a lease was deferred. Representative Davis was relocated to Suite 212 in
early 2005.
The attached Lease Agreement reflects Representative Davis' initial electoral term of two years (January 3,
2004, through January 2,2006) and provides for additional two-year renewals pending re-election. Suite 212
consists of 600 square feet. The annual rental amount of $10 will be paid in advance. The County is
responsible for all utilities, janitorial service, and local telephone service. Representative Davis is
responsible for long-distance telephone charges.
As required by Florida Statute 125.38, a Resolution declaring that Suite 212 is not required for County use
and available for lease to Representative Davis is attached.
FISCAL IMPACT: The annual rental fee of$IO will be paid in advance for the full initial two-year period
and be deposited into the General Fund (001).
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners approve and authorize its Chainnan to
execute the attached Lease Agreement and Resolution.
Prepared By: Michael H. Dowling, Sr. Property Management Specialist
Real Estate Services / Facilities Management Department
Item Number:
Item Summary:
Meeting Date:
Agenda I!em No 16E1
September 13, 2005
Paqe 2 of 7
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16E1
Recommendatlor\ to Bpprove and eICecute a Lease Agreement with State Representative
Mik.e Davis for use of ofhc~ spact:' at ",e Govemmenl Center tor $10 alinually
9113/2005 9:00:00 AM
D>1e
Pr~parcd By
Michael H. Dowling
Administratiye Services
Property Mitnagement Specialist
Facilities Management
BI2SfZ005 1 :37:43 PM
Oat.
Appnl\'cd B)'
Charles E. Carrington, Jr"
SR/'NA
Administrative Services
Roal Estate Services Manager
Facilities Management
Bf2S/200S 4:5i PM
Oat.
Approved By
Skip Camp, C,F.M
Administrative ServIces
Facilities Managcmenl Diractor
Facilitie5 Management
8/26/20058:36 AM
Oat.
Approved By
Len Golden Price
Administrative Services
Administrative Services Administrator
Admlnistril:live Services Admin,
8/31/20050:05 AM
Date
Apllrll\'cd By
OMS Coordinator
County Man3ger's Office
Administrtltive Assistant
Office of Management & Budget
8/311200510:23 AM
Oat.
AI)pruvcd By
Michael Smykowskl
County Manager's Office
Management & Budget Director
Office of Management & BudgP.t
8/31/200510:38 AM
Dof.
Approved By
James V, Mudd
Board of County
Commissioners
County Manag~r
County Manager's Office
9'1/20058:39 PM
Agenda Item No. 16E1
September 1 3. 2005
Lease # PriG'" ::\ of 7
LEASE AGREEMENT
THIS LEASE AGREEMENT entered into this _ day of , 2005. between State
Representative Mike Davis, whose mailing address is 3301 East Tamiami Trail. Suite 212. Naples,
Florida 34112, hereinafter referred to as "LESSEE". and COLLIER COUNTy, a political subdivision of
the State of Florida. whose mailing address is 3301 East Tamiami Trail, Naples. Florida 34112,
hereinafter referred to as "LESSOR".
WITNESSETH
In consideration of the mutual covenants contained herein, and other valuable consideration. the
parties agree as follows:
ARTICLE I.
Demised Premises
LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR the property located
at the Collier County Government Center. Administration Building. Suite 212. 3301 East Tamiami Trail,
Naples. Florida 34112, hereinafter called the "Demised Premises". situated in the County of Collier and
the State of Florida, for the sole purpose of operating a United States government office.
ARTICLE 2.
Term of Lease
LESSEE shall have and hold the Demised Premises for a term of two (2) years. commencing on
January 3. 2004 and ending January 2. 2006. LESSEE is granted the option. provided LESSEE is re-
elected to the same office and is not in default of any of the terms of this Lease, to automatically renew
same for additional terms of two (2) years which shall reflect the LESSEE'S term of office, under the
same terms and conditions as provided herein. by giving written notice of LESSEE'S intention to do so to
the LESSOR not less than thirty (30) days prior to the expiration of the leasehold estate hereby created.
Said notice shall be effective upon placement of the notice in an official depository of the United States
Post Office. Registered or Certified Mail, Postage Prepaid.
Any holding over the expiration of the terms of this Agreement with the consent of LESSOR shall
be construed to be tenancy from month-to-month under the terms and conditions as provided herein. until
such time as a new Lease Agreement can diligently be processed by LESSOR for the new term.
LESSOR reserves the right to terminate this Lease. with or without cause, by providing LESSEE
with thirty (30) days written notice to the address set forth in Article 14 of this Lease. Said notice shall
be effective upon placement of the notice in an official depository of the United States Post Office.
Registered or Certified Mail. Postage Prepaid.
ARTICLE 3. Rent
LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of Ten
Dollars and 00/100 Cents ($10.00) per annum. The rent for the initial Lease term shall be paid in full
thirty (30) days following the execution of this Lease by LESSOR.
In the event LESSEE elects to renew this Lease. as provided for in ARTICLE 2. the rent stated
above shall remain the same for the ensuing renewal term and shall be paid in full for the renewal term
thereof and shall be paid within thirty (30) days for the commencement of the renewal term.
ARTICLE 4.
Other Expenses and Charges
LESSOR shall pay all costs associated with the Demised Premises including. but not limited to,
janitorial services and any and utility charges, except for long distance telephone charges which are
addressed below. Utility charges shall include. but shall not be limited to, one (1) cable television outlet,
electricity. light. heat. air conditioning, power, water, and sewer services used. rendered or supplied
thereupon or in connection with the Demised Premises.
LESSEE shall be billed by LESSOR for two (2) telephone voice lines. LESSOR shall bill, on a
monthly basis, LESSEE'S Washington. D.C. office for all Suncom, telephone voice lines and long
distance calls. LESSEE covenants to pay LESSOR for monthly Suncom. telephone voice lines and long
distance charges, within thirty (30) days of receipt of invoice, in lawful money of the United States of
America. at the address of LESSOR set forth in this Lease or at such other place as LESSOR may
designate.
ARTICLE 5.
Modifications to Demised Premises
Agenda Item No. 16E1
September 1 3; 2005
Page 4 of 7
Prior to making any changes, alterations, additions or improvements to the Demised Premises,
LESSEE will provide to LESSOR all proposals and plans for alterations, improvements, changes or
additions to the Demised Premises for LESSOR'S written approval, specifying in writing the nature and
extent of the desired alteration, improvement, change. or addition, along with the contemplated starting
and completion time for such project. LESSOR or its designee will then have sixty (60) 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 sixty (60) days there has been no
response from LESSOR or its designee to said proposals or plans, then such silence shall be deemed as a
denial to such request to LESSEE.
LESSEE covenants and agrees in connection with any maintenance, repair work, erection.
construction, improvement. addition or alteration of any authorized modifications. additions or
improvements to the Demised Premises, to observe and comply with all then and future applicable laws,
ordinances, rules, regulations, and requi'rements of the United States of America, State of Florida, County
of Collier, and any and all govemmental agencies.
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 or any renewal term thereof. or within thirty (30) days thereafter, if LESSOR so
directs, LESSEE shall promptly remove the additions, improvements, alterations, fixtures and
installations which were placed in, on, or upon the Demised Premises by LESSEE, 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.
LESSEE covenants and agrees not to use, occupy, suffer or permit said Demised Premises or any
part thereof to be used or occupied for any purpose contrary to law or the rules or regulations of any
public authority.
ARTICLE 6.
Access to Demised Premises
LESSOR, its duly authorized agents, representatives and employees. shall have the right after
reasonable notice to LESSEE, to enter into and upon the Demised Premises or any part thereof at all
reasonable hours for the purpose of examining the same and making repairs or providing services therein,
and for the purposes of inspection for compliance with the 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 permit any other persons to occupy same without the written consent of
LESSOR.
ARTICLE 8.
Indenmitv and Insurance
The LESSEE is covered by protection of the Federal Tort Claim Act.
ARTICLE 1 I. Maintenance
LESSEE shall keep the Demised Premises clean at all times.
ARTICLE 12. Default by LESSEE
Failure of LESSEE to comply with any provision or covenant of this Lease shall constitute a
default, and LESSOR may, at its option, terminate this Lease after providing written notice to LESSEE,
as specified in Article 2 of this Lease, unless the default be cured within the notice period (or such
additional time as is reasonably required to correct such default).
ARTICLE 13. Default by LESSOR
LESSOR shall in no event be charged with default in the perfoffiJance of any of its obligations
hereunder unless and until LESSOR shall have failed to perform such obligations within thirty (30) days
(or such additional time as is reasonably required to correct such default) after notice to LESSOR by
LESSEE properly specifying wherein LESSOR has failed to perform any such obligations.
2
ARTICLE 14. Notices
Agenda Item No. 16E1
September 13, 2005
Page 5 of 7
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:
LESSOR:
Board of County Commissioners
c/o Real Estate Services
3301 East Tamiami Trail
Administration Building
Naples, Florida 34112
LESSEE:
State Representative Mike Davis
Administration Building, Suite 212
3301 East Tamiami Trail
Naples, Florida 34112
cc: Office of the County Attorney
Facilities Management Department Director
ARTICLE 15. Surrender of Premises
LESSEE shall deliver up and surrender to LESSOR possession of the Demised Premises at the
termination of this Lease. or its earlier termination as herein provided, 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 expressly agrees for itself. its successor and assigns, to refrain from any use of the
Demised Premises which would interfere with or adversely affect the operation or maintenance of
LESSOR'S standard operations where other operations share common facilities.
(a) Rights not specifically granted the LESSEE by this Lease are hereby reserved to the LESSOR.
(b) LESSEE agrees to pay all sales tax imposed on the rental of the Demised Premises where
applicable under law.
(c) LESSEE agrees to pay all intangible personal property taxes that may be imposed due to the
creation, by this Lease, of a leasehold interest in the Demised Premises or LESSEE'S possession
of said leasehold interest in the Demised Premises.
ARTICLE 17. Environmental Concerns
LESSEE represents, warrants and agrees to indemnify, reimburse, defend and hold harmless
LESSOR, from and against all costs (including attorneys fees) asserted against. imposed on or incurred
by LESSOR 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.
ARTICLE 18. Radon Gas
In compliance with Section 404.056, Florida Statutes, all parties are hereby made aware of the
following:
Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in
sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of
radon that exceed federal and state guidelines have been found in buildings in Florida. Additional
information regarding radon and radon testing may be obtained from your County Public Health
Department.
ARTICLE 19. Extent of Liens
All persons to whom these presents may come are put upon notice of the fact that the interest of
the LESSOR in the Demised Premises shall not be subject to liens for improvements made by the
LESSEE, and liens for im;Jrovements made by the LESSEE are specifically prohibited from attaching to
or becoming a lien on the interest of the LESSOR in the Demised Premi;es or :my part of either. This
notice is given pursuant to the provisions of and in compliance with Section 713.10, Florida Statutes.
ARTICLE 20. Effective Date
This Lease shall become effective upon execution by both LESSOR and LESSEE.
3
J
ARTICLE 21. Governing Law
Agenda Item No. 16E1
September 13, 2005
Page 6 of 7
This Lease shall be governed and construed in accordance with the laws of the State of Florida.
AS TO THE LESSOR:
IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals.
DATED:
ATTEST:
DWIGHT E. BROCK. Clerk
Deputy Clerk
AS TO LESSEE:
DATED: (t? .;;111 (,"'S
L/"'~" /'r-) ( > / I
WITNESS (signature)
~. i. ( I (.L. {VI _'r." iA--~ {t ,-,
(print name)
5c-u?Y (t IF".'-', I
WITNESS (signature)
..5~124'1 If-. EIJ;";' "
(print name)
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
FRED W. COYLE, Chairman
~~
MIKE DAVIS, STATE REPRESENT A TIVE
.
4
Agenda Item No. 16E1
September 13. 2005
Page 7 of 7
RESOLUTION No. 2005 .
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, APPROVING A LEASE AGREEMENT
BETWEEN COLLIER COUNTY AND STATE REPRESENT A TlVE MIKE
DAVIS FOR UTILIZATION OF OFFlCE SPACE WITHIN THE W.
HARMON TURNER BUILDING.
WHEREAS, State Representative Mike Davis ("Representative") desires to lease an
office space on the second floor within the W. Harinon Turner Building owned by Collier
County, a political subdivision of the State of Florida ("Collier County"), in order to operate a
government office.
WHEREAS, the Lease Agreement provides for an initial two (2) year term which reflects
the Representative's electoral term. The Lease contains a provision for automatic two-year
renewals following the initia1lease term should the Re'presentative seek re-election. The rent for
each year of the Lease and any renewals thereto shall be Ten Dollars.
WHEREAS, the Board of County Commissioners is satisfied that this property is
required for the Representative's use and is not needed for County purposes.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. The Board of County Commissioners does approve the attached Lease Agreement
between Collier County and State Representative Mike Davis.
2. The Chairman of the Board of County Commissioners of Collier County, Florida, is
hereby authorized to execute the attached Lease Agreement.
This Resolution adopted this
after motion, second and majority vote.
day of
,2005
ArrEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
Deputy Clerk
BY:
FRED W. COYIE, Chairman
Approved as to form and legal sufficiency:
~?~~
Thomas C. Palmer, Assistant County Attorney
-,
Agenda Item No. 16E2
September 13, 2005
Page 1 of 29
EXECUTIVE SUMMARY
Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board-
Approved Contracts
. OBJECTIVE: To enable the Board to oversee the execution of administrative change orders
and changes to work orders, and promote accountability in the use of staff authority.
CONSIDERATIONS: On April 22, 2003, the Board approved a recommendation to implement
a plan to enable changes to BCC-approved contracts (Section XIV. C, Collier County
. Purchasing Policy) of not greater than 10 percent of the current Board approved amount or
$10,000 (whichever is greater) to be authorized by staff. Also included in the report are changes
to Work Orders. These include work orders issued under CCNA Contracts, which are less than
or equal to $90,000 (Section VII.C, Collier County Purchasing Policy), and changes to work
orders for all other contracts (Section XIV. G, Collier County Purchasing Policy) which are not
greater than 10 percent of the current Board Approved amount or $100,000 whichever is
greater. The Administrative report identifies the percentage changes, to contracts or work
orders, that have occurred since the prior BCC approved amount, which are below the threshold
limits as referenced above.
The plan calls for staff to submit a monthly report listing these change orders from the previous
reporting period. Enclosed is the monthly report of the Administrative Change Order and
Administrative Changes to Work Order Reports. These reports cover period August 1, 2005
through August 25, 2005.
FISCAL IMPACT: There is no fiscal impact resulting from this action.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with
this action.
RECOMMENDATION: That the Board of County Commissioners accepts the enclosed
Administrative Change Order and Administrative Changes to Work Orders Report and ratifies
the listed change orders and changes to work orders
PREPARED BY: Brenda Reaves, Contract Technician, Purchasing Department
Item Number:
Item Summary:
Meeting 0_:
Agencla Item No 16E2
Seplember 13, 2005
Page 2 of 29
COLLIER COUNTY
BOARO OF COUNTY COMMISSIONERS
16E2
RepOft and Ratify St<'tff-Approved Ch<'trlge Orders and Ch(Ulges 10 Work Orders to Board.
Approved Contracts
9/13/2005 900:00 AM
Contracts Agent
Date
Apprond By
Lmda Jackson
Administrative Services
Purchasing
8/30/200511:14 AM
Steve Carnell
Purchasing/General Svcs Director
Dale
Approved By
Administrative Services
Purchasing
8!3012005 5:07 PM
Approved By
Len Golden Price
Administrative Service.
Administrative ServicM Administrator
Date
Administrative Sf!-nJicas Admin.
8131/200512:11 PM
AdministratIve Assistant
Oat.
Approved By
OMS Coordinator
County Manager', Office
Office 01 Mo1nt1gement 8. Budget
8/31120051:55 PM
Michael Smykowski
Management & Budge1 Director
Date
Approved By
County Manager', Office
Ofhce of Management & Budget
9/2120054:37 PM
Apprnved 8)"
James V. Mudd
Board of County
Commil'>sioner5
County Manager
Date
County Msnager'fI Office
9/2/2005 5:01 PM
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CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E2
September 13, 2005
Page 7 of 29
PROJECT NAME: WAter Distrih..t1il," R(Ul~ ~\e.iV\~ .sy$~PROJECT #: 70(;;2.l-l/l
\~-b:ttIr:;'I. .
BID/RFP #: .o~-'37(' MOD #: C.O. :Jr;l POi: i.l50003S''Z50 WORK ORDER #: tJ!A
DEPARTMENT: P~EJ)
Current BCC Approved Amount:
co
$326. Cf {. t:p{, .0--
(Starting Point)
f!Q..
$ 3;;lb. Cf6 S.
(Last Total Amount Approved by the BCC)
Original Contract Amount:
Current Contract Amount:
$ 33.J ;;l3S. 1'1
(Including All Changes Prior To This Modification)
oc2
$ 3, ":15. .::;.:;-
$ 33'bJ 160. J!1-
(Including This Change Order)
Change Amount:
Revised ContractIWork Order Amount:
Date of Last BCC Approval
lQA;z;&4
1/.. /12./Q
Agenda Item # I~ C 9'
Cumulative Dollar Value of Changes to this ContractJWork Order: $
( ClAl"\lA L td;i \Ie . .for)
Percentage of the change over/under current contract amount 3.4;L % cL) 1'1{ co=-
Formula: (Current Amount / Last Bee approved amount)-1 . J
Results and Actions: If the change exceeds 10% BeC approval is required; under 10% reported to BCC on
Purchasing report. For specific information regarding work order thresholds, please refer to the Contract
Administration Procedures. Section III.CA.
CURRENT COMPLETION DATE (S):ORIGINAL: ~;( 'Ph:;"
CURRENT:
J0c;rhs
k. (G,,,kc.-l:o~
, N or N/ A)
Date:
Date:
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E2
September 13, 2005
Page 8 o~
PROJECT NAME: Golden G8te Blvd. LandscaDe ImDrovement (1 mile) PROJECT #: 630413
BID/RFP #: 04-3649 MOD .:
DEPARTMENT: ATM
2
POt:4500041475 WORK ORDER': ~
OrlgbaaJ CODtract AmoaDt:
$ 366.987.3Y~~~
(Starting Point)
. f!JV
$ 366.987.3((, 2J,
(Last Total Amount Approved by the Bee)
$ 364.195."'11'" ut-
(~Iuding All Changes Prior To This Modification)
CurreDt BCC Approved Amount:
Carrent CODtract AmOUDt:
Chance Amount:
$ -9.oso.80
S 355.144KW- v---
(Including This Change Order)
Cumulative Dollar Value of Chaugel to this CODtraetlWOrk Order: S -11.841.54
Rerised CODtraetlWork Order Amount:
Date of Last BCC Approval November 30. 2004 Agenda Item # 1U.:!
,
Percentage of the change over/under current contract amount - ~,Z3 ~
. Fonnula: (Current Amount I Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on
~rchasing report. For specific infonnation regarding work order thresholds. please refer to the Contract
Administration Procedures. Section IfI.C.4.
~ ..."
CURRENT COMPLETION DATE (8): ORIGINAL: June 20. 2005 CURRENT: AUGust 31. 2006
SUMMARY OF PROPOSED CHANGE IS): Identify the chanaes. DeletinG 516.220.00 from the contract
AddinG $7.169.20 for a total chanGe order of -19.050.80 .
\ ,",-
JUSTIFICATION FOR CHANGE (5): What valu. or benefit do thes. chang.. provide to the project?
Delete the Items In the contract not needed (416.220.00) and add directional borina. sleeves
and sod ftoratam 1+$7.169.20). For a chanGe to dele. $9.050.80 from con~~!-
PARTIES CONTACTED REGARDING THE CHANGE: Bob Petersen. Diane FlaGG. Gloria Herrera. Scott
Windham and Dale Hannula
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N 'or N/A)
_ Y _ Proposed change is consistent with the scope of the existing agreement
_ Y _ Proposed change is in fact an addition or deletion to the existing scope
_ Y _ Change is being. implemented In a manner consistent with the existing agreement-
_ Y _ The appropriate parties have been consulted regarding the change
_ Y _ Proposed prices, fees and costs set forth in the change are reasonable
APPROVE BY:
B
REVIEWED BY:
DATION: This fonn Is to be signed and dated.
7'" 27.-c.r
ij~/~
Revised 4/25/2005
CONTRACTIWORK ORDER MODIFICATION
CHECKUSTFORM
Agenda Item No. 16E2
September 13, 20~
Page 9 of39
PROJECT NAME: Rattlesnake Hammock Rd. Polly Ave to COllier Blvd. PROJECT #: 60169
BIDIRFP.: 03-3446 MOD .:
DEPARTMENT: TE&CM
3
POt:
WORK ORDER':
0rigiDaI Co.m.ct Amout:
S 986.360.00
(SbutiDg Point)
,/
Carreat Colltnlet Amout:
$ 1.133.152.00
(Last TobII Amount Approved by the BCC)
~$ 1.233.162.00
(1ncludiDg All Qumgcs Prior To This Modification)
Cuneat BeC Approved Amoaat:
Cbaage Amout:
S 11..671.00
S/I.244.823.00
(IDcluding This 0Ia0ge Ordc:t')
C1DDalative Dollar Value of Chaages to dais CoatnldlWork Order: S 258.463.00
Revised CoatraetlWork Order Amo..t:
Date of Last sec Approval 4126/05
Agenda Item #
16B1
Per__,tage of the change over/under cummt contract amount 0.95 %
Formula: (Current Amount I Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BeC approval is required; under 10% reported to BCC on
Purchasing report. For specific information regarding work order thresholds, please refer to the Contract
Administration Procedures, Section III.CA.
CURRENT COMPLETION DATE (5): ORIGINAL: December. 2005
CURRENT: 12/3112007
SUMMARY OF PROPosED CHANGE (8): Identify the chanGes. Chance Order No. 1 orovides comoensation
for desian services oerformed by sub-consuttants in revisina the liahtina olans and for another sub-consultant to
oreoare a Bioloaical Qoinion which if reouired to secure the USCOE oermit for the oroiect. Additional
Reimbursable is beina orovided to cover additional coDvina and currier eXPenses.
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project?
Schedule C of Amendment #2 under Task A.S addresses Additional Sub-Consultant Services for liahtina
revisions. however the $7.500.00 fee for these services was omitted. The services are detailed in the attached
soreadsheet which is the old version of Schedule B. Also. the environmental sub-consultant needs to preoare a
biological ooinion for Fish & Wildlife in order to release the oroiect for a USCOE oermit. A fee of $3.171.00 is
needed for them to provide these services. The $1.000 for additional reimbursable is to cover the coDVina
expenses of documents and olan sets and the cost of cunier service which was unintentionallv omitted from SA#1.
PARTIES CONTACTED REGARDING THE CHANGE: TE&CM Director and the Desion Consultants
IMPLEMENTATION STEPS (Verify each before proceeding with change using V, Nor N1A)
l Proposed change is consistent with the scope of the existing agreement
L. Proposed change is in fact an addition or deletion to the existing scope
l Change is being implemented in a manner consistent with the existing agreement
l The appropriate parties have been consulted regarding the change
l Proposed prices, fees and costs set forth in the change are reasonable
PROJECT MANAGER RECOMMENDATION: This fonn is to be signed and datecl.
APPROVE BY: 7..Z.,,.tJ.r-
Pro'
R~~D~' ~~k~
Co ct Speciafast ~
PREPARED BY: ~ d7 - Dale: 7-""...r
Gary R. P ansuu, P.E, Senior Project Manager
APPROVED BY:~- ~ ~ Dale: 7L~'--
Eug ne Calvert, P. ,Acting Director, Transportation
Engineering ;7.itruction Management
APPROVED BY: II- Date:
Steve Camel, rector, PurchasinglGeneral SeMces
APPROVED BY:' Date:
Nannan E. Feder, Alep, Administrator
Transportation Services Division
Agenda Item No. 16E2
September 13,'1:V05
Page 1 O-df $I
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E2
September 13, 2005
Page 11 of 29
tI
PROJECT NAME: SCRWTP 12-MGD RO Expansion
PROJECT #: 700971
BID/RFP #: 053727 MOD #: 1
PO#: 4500043499 WORK ORDER #:
DEPARTMENT: Public Utilities Engineering
Original Contract Amount:
$ 125.950
(Starting Point)
Current BCC Approved Amount:
$125.950
(Last Total Amount Approved by the BCC)
Current Contract Amount:
$ 125.950
(Including All Changes Prior To This Modification)
Change Amount:
$0
Revised Contract/Work Order Amount:
$ 125.950
(Including This Change Order)
Cumulative Dollar Value of Changes to this ContracUWork Order: $ 0
Date of Last BCC Approval March 8. 2005
Agenda Item # 16 C 1
Percentage of the change over/under current contract amount 0 %
Formula: (Current Amount I Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on
Purchasing report. For specific information regarding work order thresholds, please refer to the Contract
Administration Procedures, Section III.CA.
CURRENT COMPLETION DATE (S): ORIGINAL: JulV 22.2005
CURRENT: September 15. 2005
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Extension of time due to lono lead-time
of third oartv eauioment
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project?
Circumstances are beyond the control of the vendor
PARTIES CONTACTED REGARDING THE CHANGE: Purchasinq (Lvn Wood)
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A)
l Proposed change is consistent with the scope of the existing agreement
l Proposed change is in fact an addition or deletion to the existing scope
l Change is being implemented in a manner consistent with the existing agreement
l The appropriate parties have been consulted regarding the change
l Proposed prices, fees and costs set forth in the change are reasonable
APPROVE BY:
: This form is to be signed and dated.
Date: 7/11/2005
REVIEWED BY:
Date: 9'- 9 - {)5
Revised 4/25/2005
Agenda Item No. 16E2
September 13, 2005
Page 12 of 29
5
I'
CONTRACT MODIFICA nON
CHECKLIST FORM
.'
PROJECT NAME: Pelican Bay Irrigation Installation PROJECT #: 05-3613R
BIDIRFP #: 053613R MOD #: 1--AMOUNT OF THIS CHANGE $ 0.00
PO #: 4500046349 Work Order #: N/A
CONTRACT AMOUNT: ORIGINAL $320,062.50 CURRENT $ 320,062.50
(STARnNG POINT) (INCLUDING THIS CHANGE ORDER)
Last BCC Approved Amount $320,062.50
(lAST TOTAL AMT. REQUIRING BeC APPROVAL)
Date of Last BCC ApprovalApril12, 2005 Agenda Item # 16-E-2
Cumulative Dollar Value of Change Orders to this ContractIWork Order: $0.00
Percentage of the change over/under current contract amounto 00/.
Formula: (Current Amount I Last Bce approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on
Purchasing report. For specific information regarding work order thresholds, please refer to the Contract
Administration Procedures, Section III.CA.
CURRENT COMPLETION DATE (S):ORlGINAL: November 4. 2005 CURRENT: November 22 . 2005
(Final Completion)
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Increase to the time of comDletion bv 18
days.
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project?
The increase in completion time is due to:
· County ROW permit not issued until 14 days after Notice To Proceed
· Contractor has had 4 rain days to date
PARTIES CONTACTED REGARDING THE CHANGE: Lvn Wood. Purchasina
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, Nor NfA)
_ Proposed change is consistent with the scope of the existing agreement
_ Proposed change is in fact an addition or deletion to the existing scope
_ Change is being implemented in a manner consistent with the existing agreement
_ The appropriate parties have been consulted regarding the change
_ Proposed prices, fees and costs set forth in the change are reasonable
A TION: This form is to be signed and dated.
Date: /lk4:5'
'tc/~ Dale: k/9/6S
APPROVE BY: .
P oject Manager
REVIEWED BY: ~ ) Y1
Co t' SpeCialist
Revised 12/23/04
------~._-_.._.._----_...".._--~
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E2
September 13, 2005tp
Page 13 of 29
PROJECT NAME: Livin~ston Road (RR - PRRl
PROJECT #: 600714
BID/RFP #: 04-3651 MOD #:
6
PO#:4500032671 WORK ORDER #:N/A
DEPARTMENT: ATM
Original Contract Amount:
$ 989.892.04
(Starting Point)
Current BCC Approved Amount:
$ 1194 051.84
~lotal Amount Approved by the BCC)
Current Contract Amount:
$ 1.194.051.84
(Including All Changes Prior To This Modification)
Change Amount:
$ 0.00
Revised Contract/W ork Order Amount:
$ 1.194.051.84
(Including This Change Order)
Cumulative Dollar Value of Changes to this ContractIWork Order: $ 204.159.80
Date of Last BCC Approval April 26. 2005
Agenda Item # 16B-8
Percentage of the change over/under current contract amount 0.00%
Fonnula: (Current Amount I Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on
Purchasing report. For specific information regarding work order thresholds, please refer to the Contract
Administration Procedures, Section III.CA.
CURRENT COMPLETION DATE (S):ORIGINAL: January 24. 2005 CURRENT: Au~ust 31. 2005
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. ChanQe Order for additional days to cover
work done in June. As per Finance we have to extend date to cover all billina after proiect completion.
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? Addina
days for June work.
PARTIES CONTACTED REGARDING THE CHANGE: Bob Petersen. Roaer Dick. Dale Hannula. Gail
Boorman. Gloria Herrera. Rhonda Rembert. Diane Fla~a. Norman Feder. and Steve Carnell
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A)
_ Y _ Proposed change is consistent with the scope of the existing agreement
_ Y _ Proposed change is in fact an addition or deletion to the existing scope
_ Y _ Change is being implemented in a manner consistent with the existing agreement
_ Y _ The appropriate parties have been consulted regarding the change
_ Y _ Proposed prices, fees and costs set forth in the change are reasonable
REC M ENDATION: This form is to be signed and dated.
~ 9;::-~C>-/6J-
~/I~/b
Agenda Item No. 16E2
September 13, 2005
Page 14 of 29
1-
CONTRACT/WORK ORDER MODIFICATION
CHECKLIST FORM
'PROJeCT NAME!; NOftTH NAPLES REGIONAL PARK CONsmUCl10N MANAGEMENT AT RISK
PROJECT #:80602
. ,
BIDlRFP #: 01--3189 MOP #:15 PO#:4500037217
_ E1EPARTMENT: PARKS AND RECRE).T10N
9rigiDal C.ontrRl'f Amount:
S53,802,645
(SbnioJ !'oint)
Current Bee Approv~ Amolln~
$42.U23,46'3.30
(LUt Total Amcnmc Approved by the BOC)
Cun:e~t CODtratt Amount:
$40,925,723.73
(Iuc1udilll All ~PI-J"rlor To Thi! Mo4ifI.oation)
Change Amow:.t!
($.3:~X,9HS.ll)
$40,586,738.62
(mc1w:llns 'DWI Chanto 0r<Jer)
Cumulative Dollar Vadlle ur ClulI.q;~ to this Contrac:t/Work Order; ( $-13,215,906..38)
Rev.iRed ('..nntractJWork Order Amount:
Date of Last 8ee Approval: 512412005 Agenda Item #16(0)4
Percentage at the change under c;oun:enl contract amount:(3042%)
Fonnula: (Current Amount I Last Bee approved amount)-1
Results and Actions: If the change exceeds 10% see approval is required; under 10% rliported to Bee on
, Purchasing .report. For'specific Information rCJgarding work order thresholds, pIABt:;P. rAter to the Contract
AdmInistration ProcadufAR, SActlon III.C.4.
, .
OURRENT OOMPLETION DATE (S):ORIGINAL: 511 012008 CURRENT: 511 012006
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. This dedUctive Change Order # 1t5 is
associated with the Direct Materials Purchase (DMP) Dr malerlals directly from the projeet; vendors of the
North Naples Regional Park construction projlK:t. By deducting the direct costa of oertain materials from
Kraft Construction's purohaae order Bnd purchaaing dIreotly from the vendor, the County ie abl. to save
the 6% Florida Sales Tu: on the purchase. In thlc eaR, the savings on the $338,985_11 of purchases
equalo approximately $19,187 In tax savings to the County. Colleetlvely, all Change Orders for the DMP
add up to $13,215,906.38 which eqU8t88 to tax saVings of approximately $701,000 to the County.
JUSTIFICATION FOR CHANGE (S): WhDt value or benefit do these chang" provide to the project?
exhibit 0 of the Contract 8ata out the procac::lure for oxecutlng the Direet MaterialR Purchase (DMP) of
goods. This Change Order is consistent with the contract's procedures and Is In conl;ert with the
County's policy ot Sales Tax savings thru direct purl;hases. This savas the County significant amounts of
money,
PARTIES CONTACTED REGARDING THE CHANGE! Parks and RBcreation Director, PUblic Services
Adn:dnlstrator.. Purchasing's Contract Specialist, ClerkS Finance Department Special Projects Coordinator,
, County Project Manager.
Revised 4/25/2005
Od
>lC:ld Q:) C:l3 Ilia:::>
66:~l S00~-ll-~n~
Agenda Item No. 16E~2.
September 13, 200
Page 15 of 29 \
IMPLEMENT AnON STEPS (Verify each before proceeding with change using Y, N or NlA)
...)L proposed change Is consistent with the soope of the existing agreement
_X- Proposed change is In fact an addition or deletion to the existing scope
_x_ Change is being Implemented in a manner consistent with the existing agreement
, -X- The appropriate parties have been consulted regarding the change
_It.... Proposed prices, fees and costs set forth in the change are reasonable
ENDAll0N: This form Is to be signed and dated.
Date: -#-
Data: 'ifll / /OS
','
APPROVE BY:
REVIEWED BY:
Lind
"
Revised 4/2512005
S0"d
)I~d O:l ~3 n..,O:l
~p:Gl S00G-80-~~
CONTRACTIWORK ORDER MODIFICATION
z:n_-A~~;;:gRM
PROJECT NAME: US 41 N;J;.-~~R -Imml PROJECT #: 600291
Agenda Item No. 16E2
September 13, 2005
Page 16 of 29
~
BID/RFP #: 05-3830 MOD #:
DEPARTMENT: A TM
1
PO#:4500047281 WORK ORDER #:~
Original Contract Amount:
$ 277.756.27
(Starting Point)
Current BCC Approved Amount:
$ 277.756.27
(Last Total Amotmt Approved by the BCC)
Current Contract Amount:
$ 277.756.27
(Including All Changes Prior To This Modification)
Change Amount:
$ 0.00
Revised ContractlWork Order Amount:
S 277.756.27
(Including This Change Order)
Cumulative Dollar Value of Changes to this CODtractJWork Order: S 0.00
Date of Last BCC Approval Mav 24. 2005
Agenda Item # 16B.18
Percentage of the change over/under current contract amount 0.00%
Formula: (Current Amount I Last BCC approved amount}-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on
Purchasing report. For specific information regarding work order thresholds, please refer to the Contract
Administration Procedures, Section III.CA.
CURRENT COMPLETION DATE (S):ORlGINAL: November 16. 2005 CURRENT: November 16. 2005
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Changing substantial irrigation from ~~
days to 90 davs. .
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? Change
of amount of davs needed for substantial due to FPL belna behind from Drevious vear hurricanes and
SWFWD Dennittina.
PARTIES CONTACTED REGARDING THE CHANGE: Bob Petersen. Jorge Freire. Scott Windham. Gloria
Herrera. Rhonda Rembert. Diane Flaaa. Nonnan Feder. and Steve Carnell
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A)
_ Y _ Proposed change is consistent with the scope of the existing agreement
_ Y _ Proposed change is in fact an addition or deletion to the existing scope
_ Y _ Change is being implemented in a manner consistent with the existing agreement
_ Y _ The appropriate parties have been consulted regarding the change
_ Y _ Proposed prices, fees and costs set forth in the change are reasonable
ENDATION: This fonn is to be signed and dated.
. · i/~
APPROVE BY: I r . . ate: /
J' , /
en, . r /
REVIEWED BY: "/,. ~.te: . ~g
Rhanda Rembert. Contract Specialist I /
Revised 4/25/2005
--
CONTRACTJWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E2
September 13, 2005
Page 17 of ~
PROJECT NAME: Golden Gate Parkway (Liv- 66 St) & (60 Sl - SBBl PROJECT #:600277 & 600275
BIDJRFP #: 05-3832 MOD #:
1
PO#:4500047319 WORK ORDER #:N/A
DEPARTMENT: ATM
Original Contract Amount:
S 405.776.90
(Starting Point)
Current BCC Approved Amount:
S 405.776.90
(Last Total Amount Approved by the BCC)
Current Contract Amount:
$ 405.776.90
(Including All Changes Prior To This Modification)
Change Amount:
s 0.00
Revised ContractIWork Order Amount:
$ 405.776.90
(Including This Change Order)
Cumulative Dollar Value of Changes to this ContractIWork Order: S 0.00
Date of Last BCe Approval May 24.2005
Agenda Item # 168-18
Percentage of the change over/under current contract amount 0.00%
Formula: (Current Amount I Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on
Purchasing report. For specific information regarding work order thresholds, please refer to the Contract
Administration Procedures, Section III.CA.
CURRENT COMPLETION DATE (S):ORIGINAL: November 16.2005 CURRENT:
November 16. 2005
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Chanaina substantial irriaation from 30 days
to 90 days.
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? ChaRae of
amount of days needed for substantial due to FPL being behind from Dravious year hurricanes and
SWFWD Dennittina.
PARTIES CONTACTED REGARDING THE CHANGE: Bob Petersen. Roaer Dick. Jorae Freire. Scott
Windham. Gloria Herrera. Rhonda Rembert. Diane Flagg. Norman Feder. and Steve Carnell
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A)
_ Y _ Proposed change is consistent with the scope of the existing agreement
_ Y _ Proposed change is in fact an addition or deletion to the existing scope
_ Y _ Change is being implemented in a manner consistent with the existing agreement
_ Y _ The appropriate parties have been consulted regarding the change
_ Y _ Proposed prices, fees and costs set forth in the change are reasonable
APPROVE BY:
Bo
REVIEWED BY:
ATION; This form is to be signed and dated.
cJ_ /F~
Date: c:>
Date: t)W~~
Revised 4/25/2005
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E2
September 13, 2jJOA
Page 18 Of ~
PROJECT NAME: Golden Gate PaJ1cwav Section A & B PROJECT #: 60027
BID/RFP #: 03-3sJ;. MOD #: 06 PO#: ~5~ WORK ORDER #: 06'
DEPARTMENT: Collier County T.E.C.M.
Original Contract Amount:
S 5.920.319.69
(Starting Point)
Current BeC Approved Amount:
S 5.9201319.69
(Last Total Amount Approved by the BCC)
Current Contract Amount:
$ 5.982.726.17
(Including All Changes Prior To This Modification)
Change Amount:
S (260.316.99)
$ 5.722.409.18
(Including This Change Order)
Revised ContractIWork Order Amount:
Cumulative Dollar Value of Ch~es to this ContractlWork Order: S (197.910.51 )
Date of last Bee Approval Seotember 9. 2003 Agenda Item # 10H
Percentage of the change over/under current contract amount.1..Qa4'(% - ~ /ptf~
Formula: (Current Amount I last BCC approved amount)-1 -
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BeC on
Purchasing report. For specific information regarding work. order thresholds, please refer to the Contract
Administration Procedures, Section III.CA.
CURRENT COMPLETION DATE (S):ORlGINAL: January 19. 2005 CURRENT: ApriL15. 200"~
SUMMARY OF PROPOSED CHANGE (8): Identify the changes. This is a balancina chance order to final
out the oroiect at a cost savinas to Collier County in the amount of ($260.316.99)
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project?
Balli!nce out Quantities to closeout oroject.".,.
PAR-ryeS CONTACTED REGARDING THE CHANGE: Eddie'Martin.Enaineerina Insoector.
Collier County. T.E.C.M.. Trev Bar/cav. Proiect Enaineer. KCCS. Robbie Powell. Proiect Manaaer. Better Roads.
IMPl~MENT AnON STEPS (Verify each before proceeding with change using Y. N or N/A)
y"Proposed change is consistent with the scope of the existing agreement
y"Proposed change is in fact an addition or deletion to the existing scope
y"Change is being implemented in a manner consistent with the existing agreement
Y Th~ appropriate parties have been consulted regarding the change
Y Proposed prices, fees and costs set forth in the change are reasonable
~
PRO~ECT MANAGER RECOMMENDATION: This form is to be signed and dated.
APPROVEBY~.' . 1J',/Z-qs
REVIEWED BY . nag Date: <['.,., /~~
nt act Specialist
RECEIVED
AUG 152005
Transportation
"-ling 04Ipen....1I
Revised 4/25/2005
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E2
September 13, ;Z0.~~5
Page 19/of/L.9
PROJECT NAME: Vanderbilt Beach Road OR 862 PROJECT #: 63061
BIDIRFP #: 04-3676 MOD #: ~ POI: 4&00031427 .weRK e~ ~ 94
DEPARTMENT: T.E.C.M.
CUlTentContraet Amount:
,/
(startiug Point)
f~..g3 #-v""
(Last Total Amount ApproYcd bY:7
$_37.604,879.73 .
(ln~A11 Owlp Prior To This ModifiClllion)
$0 ~~
Revised ContractlWork Order Amount: $ 0.00 3'1, &;:,., ~ '110. 'S 3
(lncludiDg This auioge Order)
ComalatiVeDollar Value orChaages to this ContraetlWork Order: S{;o.BO j/
$ 37.604.910.53
Original Contract Amount:
Current BCC Approved Amount:
Change Amount:
Date of Last BCC Approval 7-- 27- oJ/-
Agenda Item # It!)-If
Percentage of the change over/under current contract amount 0 %
Fonnula: (Current Amount I Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BeC approval is required; under 10% reported to BCC (
pUrchasing report. For specific information regaJding work order thresholds, please refer to the ContnL
Administration Procedures, section III.C.4.
CURRENT COMPLETION DATE (S):ORIGINAL: November 24.2007 CURRENT: NoVember 24.'2007~
SUMMARY OF PROPOSED CHANGE (S): Identify tile changes. Mowin2 shoulders on Vanderbilt BeacbRoad from
StiL 22 J +00 to 8m. 448-1-0088 directed by the Rnrneer.. .. .~
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? Thecontracl
did not have DrOvision for mowina Drior to the Dlacement of anv sod or seed and mulching which. included the mOwii1a
item.
PARTIES CONTACTED REGARDING THE CHANGE: Lynn R. Thome P.E.. Princioal Proiect Manaaer;Collier CounN
TransDOrtation EnGlneerina ,& Construction Manaaement Deoartment.: Eddie Martin. Proiect Manaer. Collier COunti4
TransDortation Enaineerina &. Construction Manaaement DeDartment:
IMPLEMENTATION STEPS (Verify each before proceeding with change using V, Nor N1A)
-2L Proposed change is consistent with the scope of the existing agreement
-2L Proposed change is in fact an addition or deletion to the existing scope
-2L Change is being implemented in a manner consistent with the existing agreement
-L The appropriate parties have been consulted regaJding the change
-2L Proposed prices, fees and costs set forth in the change are reasonable
PROJECT MANAGER RECOMMENDATION: This fonn Is to be signed and dated.
'}
~.r
RECEIVED
AUG 19 2005~
Transportation
Englneering 0epeI1mInt
Revised 4/25/2005
L
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E2
September 13, 200f5Z,
Page 20 of 29.
PROJECT NAME: Fa~de Renovations of the Collier County Courthouse PROJECT #: 52004
BIDIRFP II: 04-3630 MOO# 3 PO#:4500030390 WORK ORDER #:
DEPARTMENT: Facilities
Original Contract Amount:
$ 330.427.00
(SWtiDg Point)
$ 330,427.00
(Last Total Amount Appovcd by the Bee)
Current BCC Approved Amount:
Current Contract Amount:
$218,487.00
(lncJuding All Changes Prior To This MDdi.fu:atioo.)
Change Amount:
$ 3,730.10
$ 222,217.10
(lucIuding This Change Order)
Cumulative Dollar Valoe of Changes to this Contract/Work Order: $ (108,209.90)
Revised ContractJWork Order Amount:
't 1/.5 CIo ::
/.11 PJ.
Date of Last BCC Approval 6/8104 Agenda Item # 13 E 1
Percentage of the change over/under current contract amount -32.75% dJJJJtl.1 An lE' '.t
Formula: (Current Amount / Last BCC approved amoun!)-1
Results ana Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on
Purchasing report. For specific information regarding work order thresholds, please refer to the Contract
Administration Procedures, Section 111.0.4. 1# Ifl-r/o\
CURRENT COMPLETION DATE (S):ORIGINAL: 5/15105 CURRENT: 10/19/05 O'
SUMMARY OF PROPOSED CHANGE (8): Identify the changes. Apply exposed aggregate finish on the entry
fountain. Engineering for railing and repair chamfer edge @ entry fountain
JUSTlACATlON FOR CHANGE (S): What value or benefit do these changes provide tathe-project?
The finish on the fountain was old and in order for the paint to stick it had to have new finish and the
raifings were and ADA issue
PARTIES CONTACTED REGARDING THE CHANGE: Robert Fuentes
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or NlA)
_ Y _ Proposed change is consistent with the scope of the existing agreement .
_ Y _ Proposed change is in fact an addition or deletion to the existing scope
_ Y _ Change is being . ntad in a manner consistent with the existing agreement
_ Y The appropri partie have b consulted regarding the change
_ Y _ Proposed ces, fees nd co t forth in the change are reasonable
PROJECT
APPROVE
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Agenda Item No. 16E2
September 13, 2005
Page 23 if 29
CONTRACTIWORK ORDER MODIFICATION
CHECKUST FORM
PROJECT NAME: US 41 ~gadway Ughting, Pine Ridge Rd. to Myrtle Rd. PROJECT #: 60007.2
O.E-3%5 U--
BID/RFP#: 9' 9941' MOD #: 2 PO#: 4500028967 WORK ORDER #: TEI-FT.Q4..02
DEPARTMENT: Traffic Operations
Original Contract Amount:
$ 56,310.44
(Starting Point)
Current BCC Approved AmoRat:
$ 56,310.44
(Last Total Amount Approved by the BCC)
Curreat Coatract Amount:
$ 56,310.44
(Including All O1anges Prior To This Modification)
Change Amount:
S -251.55
Revised ContractlWork Order Amount:
$ 56,058.89
(Including This Oiange Order)
Cumulative Dollar Value of Changes to this ContraetJWork Order: $ -251.55
Date of Last BCe Approval: 2/10/04 Agenda Item: #1687
Percentage of the change over/under current contract amount 9:88116120005% -, 1-5 tI!-
Formula: (Current Amount I Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BCe approval is required; under 10% reported to BCC on
Purchasing report. For speclfic infonnation . regarding work order thresholds, please refer to the Contract
Administration Procedures, Section 1II.C.4.
,
CURRENT COMPLETION DATE {S}: ORIGINAL: 512612004 CURRENT: 5126/05
SUMMARY OF PROPOSED CHANGE (S): This change is to reduce the reimbursable by $251.55 to bring it
down to zero.
JUSTIFICATION FOR CHANGE (S): To reduce the cost of the design portion of this project by $251.55.
PARTIES CONTACTED REGARDING THE CHANGE: HNTB Coroortation (d/b/a TEl) and Transoortation
Services Division of Collier Countv.
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A)
Y Proposed change is consistent with the scope of the existing agreement
Y Proposed change is in fact an addition or deletion to the existing scope
Y Change is being implemented in a manner consistent with the existing agreement
Y The appropriate parties have been consulted regarding the change
Y Proposed prices, fees and costs set forth in the change are reasonable
is form is to be signed and dated.
Date: /,2'7.- oS
'9 (I ~5
Date:
Revised 4/25/2005
Agenda Item No. 16E2
September 13, 20052
Page 24 of 29
CONTRACT MODIFICATION
CHECKLIST FORM
PROJECT NAME: County Utility Standards
PROJECT #: 70202
BID/RFP #: 98-2835 MOD #:
1
POI: 107167
WORK ORDER #: WMI-FT-01-11
Original Contract Amount:
Current Contract Amount:
$ 5.000.00
(Starting Point)
$ 5.000.00
(All Changes Prior To This Modification)
$ 5.000.00
(Last Total Amount Requiring BCC Approval)
$ 14.732.66
Last BCe Approved Amount:
Amount of This Change:
Revised Contract Amount:
$_ 19.732.66
(Including This Change Order)
Cumulative Dollar Value of Change Orders to this ContractJWork Order: $ 14.732.66
Date of Last BCC Approval
N/A
Agenda Item #
N/A
Percentage of the change over/under current contract amount
Formula: (Current Amount I Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on
Purchasing report. For specific information regarding work order thresholds, please refer to the Contract
Administration Procedures, Section III.CA.
~ ;2Q'l.(QC;-
%
CURRENT COMPLETION DATE (S):ORIGINAL: Auaust 30. 2003
CURRENT:
De-UM.heL!. 3/,
AlJg~lSlt 2(), 2003
SUMMARV OF PROPOSED CHANGE (S): Identify the changes. Revisions to Water. Sewer and Reclaimed
Water Standard Details
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? To
provide UP to date details in accordance with current standardsLL ^ d. -ID ~Y"Tl! IU b 77 In IE Foe
Com p{"erlDIJ.
PARTIES CONTACTED REGARDING THE CHANGE: Finance (Mary Milan. Wilson Miller. Inc.
IMPLEMENTATION STEPS (Verify each before proceeding with change using V, N or N/A)
l Proposed change is consistent with the scope of the existing agreement
.J::L Proposed change is in fact an addition or deletion to the existing scope
l Change is being implemented in a manner consistent with the existing agreement
l The appropriate parties have been consulted regarding the change
l Proposed prices, fees and costs set forth in the change are reasonable
Date: '7 '~2 .oS-
Date: (S --{-as
CONTRACT/WORKORDER MODIFICATION
CHEOKLlST FORM
_ PROJECI" NAME:P>pri P.~. R...J;"i/fr4"~ PROJECT #: 701;l.'i!L
F:i, G7k~~i AlL.. t ~~r
BlDlRFP-t: vr~ MOD#: I . POt: lf~ti~':Z1 WORKORDER#: ];CT~M-Nev-P.>-tI/
Agenda Item No. 16E~
September 13, 200.P
Page 25 of 29
DEPARTMENT:
fU6D
Current Contract Amount:
$ ?7J ~6Cf. !52
(Starting Point)
$ (/Jot ~uird)
(Last Total A Approved by the BCe)
DO
$ ?~S6t-
(lnchidiDg All Changes Prior To This Modification)
Ori.gi.JU'd Contract Amount:
CurrentBCC Approved Amount:
Change Amount:
Revised ContractlWork Order Amount:
Cumulative Dollar Value of Changes to this ContractJWork Order: $
Date of Last BCf Agproval 1-;;l7
(tor" Appro\!4 o+~ FT Con.-t,,"O, c.1:
PercentBge of the change over/under current contract amount
Formula: (Current Amount I Last BCC approved amount}-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on
Purchasing report. For specific information regarding work order thresholds, please refer to the Contract
Administration Procedures, Section /lI.CA.
c:s
Agenda Item #
16
o
%
CURRENT COMPLETION DATE (S):ORIGINAL: 5/:;4/0;;
CURRENT:
c0 V'os
.
\ .
PARTIES CONTACTED REGARDING THE CHANGE: R~rlk51^5 ~ft,....d ~
'/.. . " I i
. 1/1.( ^ VI
IMPlEMENTATI N STEPS (Verify each before proceeding with change using V, N or N1A)
~ Proposed change is consistent with the scope of the existing agreement
1 Proposed change is in fact an addition or deletion to the existing scope
1 Change is being implemented in a manner consistent with the existing agreement
.:i... The appropriate parties have been consulted regarding the change
J::: Proposed prices, fees and costs set forth in the change are reasonable
Da.te:
,;.<;;..,,",J~..r"""''''''''--';';J;':,~;[''~''''''
Agenda Item NO~~6E2
September 1 005
Page 2 of 29
t..
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
PROJECT NAME: County Utilities Standards
PROJECT #: 70202
BIDIRFP #: 00-3119 MOD #: -LPO#: 4500040777 WORK ORDER #: GH-FT-OS-01
DEPARTMENT:
Public Utilities Enalneerlng DeDt.
Original Contract Amount:
$ 32.947
(Starting Point)
Current BCC Approved Amount:
$ nla
(Last Total Amount Approved by the BCC)
Current Contract Amount:
$ 32.947
Oncluding All Changes Prior To This Modification)
Change Amount: '
S 3.240
Revised ContractIW ork Order Amount:
$ 36.187
(Including This Change Order)
Cumulative Dollar Value of Changes to this ContractIWork Order: $ 3.240
Date of Last BCC Approval
nla
Agenda Item #
Percentage of the change over/under current contract amount 9.8 %
Formula: (Current Amount / Last BCC approved amount)-'
Results and Actions: If the change exceeds '0% BCC approval is required; under , 0% reported to BCC on
Purchasing report. For specific information regarding work order thresholds, please refer to the Contract
Administration Procedures, Section III.C.4.
CURRENT COMPLETION DATE (S):ORIGINAL: 5/31/05
CURRENT:
8/10/05
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. ,) Attendance of additional Utilities
Subcommittee meetine in June. 2) Resoonse to and incorooration of Utilities Subcommittee comments into final
draft. and 3) Addition of Utilities Standard Detail Drawina(s) into Standards Manual.
JUSTIFICATION FOR CHANGE (8): What value or benefit do these changes provide to the project?
To ensure auality of utilities systems/lines beina out in bv Oevelooers and to facilitate the ooeration and
maintenance of new svstems beina out in.
PARTIES CONTACTED REGARDING THE CHANGE: Tim Moore. Diane Rosavitch. and Roeer Howell of
Greeley & Hansen: Phil Gramatoes. Paul Mattausch. Joe Cheatham. Roy Anderson. and Jim DeLonv of Public
Utilities Division: Linda Jackson. Lv" Wood. and Steve Carnell of Purchasina
IMPLEMENTATION STEPS (Verify each before proceeding with change using V, N or N/A)
l Proposed change is consistent with the scope of the existing agreement
L Proposed change is in fact an addition or deletion to the existing scope
L Change is being implemented in a manner consistent with the existing agreement
-Y- The appropriate parties have been consulted regarding the change
-Y- Proposed prices, fees and costs set forth in the change are reasonable
PROJECT MANAGER RECOMMENDATION: This form is to be signed and dated.
Revised 4/25/2005
.'
APPROVEfBY:
p
REVIEWED BY:
Cont
Revised 4/25/2005
Date: 6/7/ OS
Date: ~/4/{)S
I '
Ag~nda Item No. 16E2
eptember 13, 2005
Page 27 of 29
t{t;.,
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E2
September 13, 2005
Page 28 S29
, PROJECT NAME: /lett&-Frank R~cI..~!~e~.na .. . PROJECT #: 601~4 /
BIDIRFP #: 00-3184 MOD #: 4 ~#: 4500002331 ~ORK ORDER #: PSS-FT-02-01
DEPARTMENT: Transportation Enaineerlna & Construction Manaaement
Original Contract Amount:
$ 1.265.384.22
(Starting Point)
./
Current BCC Approved Amount:
$
/'
,1.488.736.22
(Last Total Amount Approved by the BCC)
Current Contract Amount:
$ 1 A88.736.22
(Including All Chariges Prior To This Modification)
Change Amount:
$
;99.676.00
/'
/
Revised ContractJWork Order Amount:
$ L588A12.22
(Incl\ldi.ng This Change Order)
Cumulative Dollar Value of Changes to this ContractlWork Order: $ 323.028.00
Date of Last Bee Approval
3/22/05
Agenda Item # 16B5
Percentage of the change over/under current contract amount 6.7 %
Formula: (Current Amount I Last BCC approved amount}-1
Results and Actions: If the change exceeds 10% BCC approval Is required; under 10% reported to BCC on
Purchasing report. For specific information regarding work order thresholds, please refer to the Contract
Administration Procedures, Section III.C.4.
CURRENT COMPLETION DATE (S):ORIGINAL: November 30. 2004 CURRENT: SeDtember 30. 2005
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. To Drovid.e inspection services to oversee the
corrective measures perlormed by Aiax Paving Inc. on the completed Droject and to provide personnel for research.
testimony. and expert evaluations during the Arbitration Process with Aiax on the Goodlette-Frank Road Project.
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? To
insure that Aiax oerforms the corrective measures orooerlv. and as reauired bv the County Attornev:s office te
participate in the Arbitration Process to recover Liauidated Damaaes from the Road Contractor (Aiax Paving Inc.).
PARTIES CONTACTED REGARDING THE CHANGE: Lvnn Thorpe (PrinciDal Proiect Manaeer TE&CM), Gene
Calvert (Actina Director TE&CM). Tom Deer (Area Manaoer PBS&Jl.
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N1A)
..::L. Proposed change is consistent with the scope of the existing agreement
l Proposed change is in fact an addition or deletion to the existing scope
l Change is being implemented in a manner consistent with the existing agreement
.:.i- The appropriate parties have been consulted regarding the change
l Proposed prices, fees and costs set forth in the change are reasonable
PROJECT MANAGd RESO~'ENDATlO~lhIS form is to be signed and ~~.
APPROVE BY: M,( a~~ Date: .?jc:f;J
,;{. .
RevisOO4I25/2005Q'1 ~ ~/,;J:Y~J/
. ~ ~~~~
~" t"~\
~~~\~\~
~~
,.tEWED BY- .,," ",.,' ..' ".' '" ',. .... ., ..,." ." ate:
ntract Specialist
Revised 4/25/2005
~~
Agenda Item No. 16E~ I
September 13, 200'9 J::>
Page 29 of 29
-
Agenda Item No. 16E3
September 13, 2005
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation to approve an addendum to the existing Sprint regulated
services master agreement (initial estimated annual value $51,900).
OBJECTIVE: Approve an addendum to Sprint's existing Regulated Services Master Agreement
to allow County departments to procure Ethernet and other data services that were not available
at the time the agreement was approved.
CONSIDERATION: The Information Technology Department is in the process of changing the
County's data network architecture. These changes anticipate the use of Sprint data services
that are not part of Sprint's current Regulated Services Master Agreement. These services
include high speed Ethernet integration with our current Sprint provided frame relay services
and an upgrade to our existing Sprint provided Internet Access.
On July 31, 2001, Agenda Item 16{ e )(12), the Board of County Commissioners approved a five
year Regulated Services Master Agreement with Sprint-Florida, Inc. for existing and new circuit
services. The Information Technology Department recommends that the Board approve the
addendum to this agreement to allow the procurement of these services from Sprint.
The initial services to be procured under this agreement include a 100 megabit Ethernet
connection and a 10 megabit Internet connection. The total annual value of this initial service is
$51,900. We contemplate further procurements under this agreement as the situation warrants.
FISCAL IMPACT: Funds are budgeted in the Information Technology Department's operating
budget in the amount of $51,900.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with
this Executive Summary.
RECOMMENDATION: The Board of County commissioners approve an addendum to Sprint's
existing Regulated Services Master Agreement and approve procurement of services under this
agreement by County departments.
Prepared by: E. Michael Berrios, IT Operations Manager, Information Technology Department
Agenda Item No. 16E3
September 13, 2005
Page 2 of 5
FIRST AMENDMENT TO REGULATED SERVICES MASTER AGREEMENT
CONTRACT SERVICE ARRANGEMENT
This Contract Service Arrangement ("CSA"), Contract No. BSG0504-0472, , 2005, is by and between
SPRINT-FLORIDA, INCORPORATED, P.O. Box 165000-5000, Altamonte Springs, Florida, 32716-5000
("Sprint") and Collier County, a political subdivision of the State of Florida ("Customer") located at 3301 East
Tamiami Trail, Naples, Florida, 34112.
This CSA is the First Amendment to that certain Regulated Services Master Agreement # RM3901001 signed by
Customer on July 31, 2001 and SPRINT on August 2, 2001.
1. TERM. The Term during which Customer may place orders under this First Amendment is five (5) years. The
Term will begin on the first day of the first billing month after the Services are installed and made available to
Customer. Sprint will make the Service available only after its compliance with any state-specific regulato!)'
filing requirements. This CSA may not be renewed, modified or extended during the Term due to the regulated
nature of Service.
2. SERVICE. Sprint will provide the Service identified below in response to a properly authorized Customer
purchase order. The applicable Sprint Tariff or Local Terms of Service will govern the terms for Service unless
specifically changed in this CSA. Sprint is not obligated to provide the Services until this CSA is approved by
the state regulato!)' authority if required.
Customer Billing Address Type of Service Order TelID Monthly Recuning Non- Recuning
Rate Charge
3301 E. Tamiami TrI, Bldg F Sprint Ethernet See Exhibit A See Exhibit A See Exhibit A
Naples, FL 34101 Service (See
Exhibit A)
3. RATES.
3.1 Rates for the Service identified in this CSA have been developed on an individual case basis in lieu of
existing Tariff offerings on the assumption that each Customer location already has adequate facilities to
receive Service. These rates will remain fixed for the Term identified above. Upon expiration of the Term,
Customer must convert to the most current rates found in Sprint's Tariff or Local Terms of Service, which
are subject to change without notice.
3.2 Sprint reserves the right to assess additional monthly recurring and non-recuning charges for fiber
construction to Customer locations that lack adequate facilities to receive Service when Customer places its
order.
4. TARIFFS I LOCAL TERMS OF SERVICE.
4.1 "Tariffs" refer to Sprint Local Telephone Interstate Access Tariff F.C.C. No.3, Sprint state access service
tariffs and Sprint general exchange I customer tariffs filed with and approved by respective federal and/or
state regulato!)' commissions for the location(s) in which Service is provided. Tariffs contain rules and
regulations applicable to Sprint's facilities and provision of Service, general customer relations, and
Sprint's overall operations. Changes to the Sprint Tariffs will not release Customer from the terms of this
CSA or otherwise justify termination.
4.2 In the absence of a Tariff or if Sprint withdraws its Tariffs, Sprint wiII provide Service under the state-
specific Local Terms of Service posted at <http://www.sprint.comlregulato!)./> on the later of the Effective
Date or when the withdrawal becomes effective and incorporated by this reference.
4.3 This CSA and the applicable Sprint Tariff or Local Terms of Service will govern the terms for Service. In
the event of any inconsistencies or conflicts between this CSA and the applicable Tariff or Local Terms of
Service, this CSA will take precedence.
Page 1 of3
-
Agenda Item No. 16E3
September 13, 2005
Page 3 of 5
5. TERMINATION. If Customer gives notice of cancellation or termination, disconnects any portion of a Service
or othelWise breaches this CSA resulting in the termination of Service before the end of the Term, any
applicable termination liability will apply as calculated and set forth in the applicable Tariff or Local Terms of
Service. If no termination liability is specified in the Tariff or Local Terms of Service, Customer will be liable
for 50% of the monthly payments that would othelWise remain in the Term.
6. LIMITATION OF AMENDMENT. Except as specified in this CSA, all terms and conditions of the Regulated
Master Services Agreement will remain unchanged and in full force and effect.
AGREED:
Sprint-Florida, Incorporated
Collier County Board of County Commissioners
By:
Printed:
By:
Fred W. Coyle, Chairman
ATTEST:
Title:
Date:
DWIGHT E. BROCK., Clerk
Deputy Clerk
Address for Notices:
Address for Notices:
Collier County Purchasing Director
3301 Tamiami Trail East
Naples, FL 34112
Approved as to form and legal sufficiency:
Assistant County Attorney
Page 2 of3
Agenda Item No. 16E3
September 13, 2005
Page 4 of 5
Exhibit A
Ethernet Pricing
1 Year 3 Year 5 Year
Order Term Order Term Order Term
5 Meg Basic $795.00 MRC $695.00 MRC $595.00 MRC
$750.00 NRC N/A NRC N/A NRC
5 Meg Managed $895.00 MRC $795.00 MRC $695.00 MRC
$750.00 NRC N/A NRC N/A NRC
10 Mea Basic $895.00 MRC $795.00 MRC $695.00 MRC
$750.00 NRC N/A NRC N/A NRC
10 Meg Manaaed $995.00 MRC $895.00 MRC $795.00 MRC
$750.00 NRC N/A NRC N/A NRC
100 Meg Basic $1,695.00 MRC $1,495.00 MRC $1,295.00 MRC
$750.00 NRC N/A NRC N/A NRC
100 Meg Managed $1,795.00 MRC $1,595.00 MRC $1,395.00 MRC
$750.00 NRC N/A NRC N/A NRC
500 Meg Basic $2,295.00 MRC $2,095.00 MRC $1,895.00 MRC
$950.00 NRC N/A NRC N/A NRC
500 Meg Managed $2,395.00 MRC $2,195.00 MRC $1,995.00 MRC
$950.00 NRC N/A NRC N/A NRC
1 Gig Basic $2,995.00 MRC $2,895.00 MRC $2,695.00 MRC
$950.00 NRC N/A NRC N/A NRC
1 Gig Managed $3,095.00 MRC $2,995.00 MRC $2,795.00 MRC
$950.00 NRC N/A NRC N/A NRC
Page 3 of3
Item Number:
Item Summary:
Meeting Date:
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONE.RS
16EJ
Agenda Item No_ 16E3
September 13, 2005
Page 5 of 5
ReGommendaliOIl to approve an addendum to the eXisting Sprint regulated serviGes mll!>tel
agre-~rnent (initial estimaled annual value $51.900)
9/13/20059:00:00 AM
D...
Prepared B)'
Michael Berrios
Administrati....e Services
Network Operations Manager
Information Technology
8/ZQf2005 3:14:05 PM
D...
Approved By
Barry Axelrod
Administrative Services
InforrnMion Technology Director
lnformatlon Technology
8i29I200!i 4:11 PM
Dol.
Approved By
Linda Jackson
Adminifrtrative Services
Contracts Agent
Purchasing
81301200511 :25 AM
Dol.
Allproved By
Kelsey Ward
AdmInistrative ~rvices
Senior Purchasing nod Contracts Agent
Purehaging
9/1(2.0058:51 AM
Len Golden Price
Dat.
Approved B)'
Admfnistrative SE'rvices
Administrative Services AdminrstrJlor
Administrative Services Admin
911(2005 9:01 AM
Approved By
OMS Coordinator
County Manager's Office
Administrative Assistant
Office- of MUnDgement & Budget
Om.
9(1/2.0052:50 PM
Mkhael Smykowski
Dol.
Approved By
County Manager's Office
Managernerrt & Budget Oire<:tor
Office of Mnnagement & Budget
9/1f2.005 3:31 PM
Approved By
James V, Mudd
SOllm of County
C~mmissloner$
County Manager
County Manager's Office
D...
91212005 4:15 PM
Agenda Item No. 16F1
September 13, 2005
Page 1 of 151
Summary of Executive Summaries Approved in the Board's Absence for 8/09/2005
16F1A. Recommendation to Approve Amendment No.1 to Work Order No.
04-3598; Professional Engineering Services for Capacity,
Management, Operations and Maintenance Staff Optimization
Assessment for Collier County Wastewater Systems, Project 72517
in the amount of $22,000.00, and extension of contract completion.
16F1 B. Recommendation to award Bid #05-3834 "Recycling Fitness Walk"
to Bright River Sales and Caple Landscape Management for the
construction of an Innovative Recycling Fitness Walk at Eagle Lakes
Park in the amount of $46,243.
16F1 C. Recommendation to approve a landscape installation and
maintenance agreement between Estuary at Grey Oaks Property
Association and Collier County for landscaping within the right-of-
way on Golden Gate Parkway.
16F 1D. Approval of Budget Amendment 05-484.
-
16F 1 E. Recommendation to approve an amendment to work order number
PHA-FT -03-02 assigned to Pitman-Hartenstein & Associates Inc. to
include CEI services overseeing construction of the second
segment of the Immokalee Fifth Street Stormwater Improvement
Project (project number 51725) in the amount of $33,763 increasing
the total work order amount from $121,330 to $155,093.
16F 1F. Report and Ratify Staff-Approved Change Orders and Changes to
Work Orders to Board-Approved Contracts.
16F 1 G. To minimize the cost of issuance for all County bonds transactions
by participating in the Preferred Pricing Program (40% discount)
offered by Moody's Investors Service.
16F 1 H. Recommendation for the Board of County Commissioners to
approve a budget amendment to transfer funds in the amount of
$2,405.01 from the General Fund (001) into the Transportation
Disadvantaged Fund (126) for the sale of surplus vehicles.
-
Agenda Item No. 16F1
September 13, 2005
Page 2 of 151
EXECUTIVE SUMMARY
Recommendation to Approve Change Order No. 1 to Work Order No. 04-3598;
Professional Engineering Services for Capacity, Management, Operations and
Maintenance Staff Optimization Assessment for Collier County Wastewater Systems,
Project 72517 in the amount of $22,000.00, and extension of contract completion.
OBJECTIVE: The public purpose is to provide further professional engineering services for
Capacity, Management, Operations and Maintenance Staff Optimization Assessment for
Collier County Wastewater Systems, including an additional series of staff optimization
workshops, benchmarking, and comparison assessment in order to comply with anticipated
Environmental Protection Agency (EP A) requirements with regard to the Sanitary Sewer
Overflow (SSO) Rule.
CONSIDERATIONS: On May 25, 2004, as Agenda Item 16 C 1, the Board approved and
entered into Contract No. 04-3598 with RJN Group, Inc. for the intent of a Capacity,
Management, Operations and Maintenance (CMOM) Optimization Assessment study to
identify, and prioritize work practice areas requiring action plans, and capital improvements
that, when implemented, will greatly minimize the chances of raw sewage spills. For a utility
to have a CMOM study guiding such action is the first phase compliance measure.
On June 14, 2004, a Notice to Proceed with Contract #04-3598 was sent to RJN Group, Inc. in
addition to purchase order 4500029517 in the amount of$59,618.02, which identified $10,000
in time and materials for Task D. The scope for Task D could not be established prior to Tasks
A through C being completed. Currently, Tasks A through D have been completed.
On May 27,2005, the Wastewater Department received invoice number 17-1952-00-03 in the
amount of $25,600.00, which was for the completion of staff optimization workshops that took
place on May 10, 11, and 12, 2005, in Collier County. This invoice includes costs for Task D.
As a result of a better definition of scope for Task D, Change Order No. 1 to Contract 04-3598
is needed to authorize the additional consultant work that was necessary to conduct an
additional series of staff optimization workshops, benchmarking, and comparison assessment,
which could not be established prior to Tasks A through C being completed. Compensation for
Task D has changed from the original time and material to a lump sum amount. Contract
completion has been extended to September 30, 2005, due to the Consultant's office being
destroyed during the 2004 hurricane season.
Staff has negotiated a fee increase of $22,000.00 for Change Order No.1. All the specific
details on the additional services described above are documented in the April 19, 2005
attached proposal from RJN Group, Inc. The following summarizes the breakdown of cost
associated with this proposal:
,-
Agenda Item No. 16F1A
August9,2005
Page 1 of 9
Task I Kickoff Meeting
Task 2 First Meeting Session
Task 3 Second Meeting Session
Task 4 Staff Optimization Plan
Task 5 Assessment of Information Received
Task 6 CMOM Compliance Status
Task 7 CMOM Assessment Report Draft
Task 8 Third Meeting Session, Final Report
TOTALS
* See Attachments
ORIG.
COST
CO#.I
COST*
Agenda Item No. 16F1
September 13, 2005
Page 3 of 151
TOTALS
$ 3,653
$ 5,951
$ 6,529
$ 10,000
$ 7,692
$ 7,400
$ 7,594
$ 10.799
$ 59,618
$ 0
$ 0
$ 0
$ 22,000
$ 0
$ 0
$ 0
$ 0
$ 22,000
$ 3,653
$ .' 5,951
$ 6,529
$ 32,000
$ 7,692
$ 7,400
$ 7,594
$ 10.799
$ 81,618
After a careful analysis of the proposed costs, and comparing them to similar proposals on file,
Staff finds them to be fair and reasonable, and, therefore, recommends approving and
authorizing Change Order No. I.
The Clerk's Finance and the County's Legal Department have reviewed Change Order No. I.
Contract Specialist, Lyn Wood, assisted with the preparation of Change Order No. I and this
Executive Summary. The proposed costs are considered fair and reasonable as reviewed by
the Purchasing Department.
Approval of this Change Order by the County Manager is subject to formal ratification by the
Board of County Commissioners. If the decision by the County Manager is not ratified by the
Board, this Change Order shall not be enforceable against Collier County only to the extent
authorized by law in the absence of such ratification by that Board.
FISCAL IMP ACT: Funds in the amount of $22,000 are available in County Project No.
72517 - Professional Engineering Services for Capacity, Management, Operations and
Maintenance Staff Optimization Assessment for Collier County Wastewater Systems. Source
offunds is Fund 414 - Wastewater User Fees. This project is consistent with the 2005 Fiscal
Year Capital Improvement Budget approved by The Board of County Commissioners on
September 23, 2004.
GROWTH MANAGEMENT IMP ACT: This project is consistent with, and furthers the
Goals, Objectives, and Policies of the Collier County Growth Management Plan, and is
consistent with the 2003 Wastewater Master Plan Update adopted by The Board of County
Commissioners on May 25, 2004, Item 10 C.
RECOMMENDATIONS: Staff recommends that The Board of County Commissioners, as
Ex-officio governing board for the Collier County Water-Sewer District, approve and authorize
the County Manager or his designee to execute Change Order No. I to Contract No. 04-3598,
Professional Engineering Services for Capacity, Management, Operations and Maintenance
Staff Optimization Assessment for Collier County Wastewater Systems, Project 72517.
-
PREPARED BY: Marisa Garcia, Wastewater Operations Analyst
Agenda Item No. 16F1A
August 9, 2005
Page 2 of 9
,"'-'
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16F1
September 13, 2005
Page 4 of 151
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16F1A
Recommendation to Approve Amendment No, 1 to Work Order No, 04-3598; Professional
Engineering Services for Capacity, Management. Operations and Maintenance Staff
Optimization Assessment for Collier County Wastewater Systems, Project 72517 in the
amount of $22,000,00, and extension of contract completion,
8/9/2005 9:00:00 AM
Prepared By
Marisa Garcia
Public Utilities
Operations Analyst
Date
WasteWater
7/22/20054:32:44 PM
Approved By
G. George Yilmaz
Public Utilities
Interim WasteWater Director
Date
WasteWater
7/29/20055:36 PM
Approved By
lyn Wood
Administrative Services
Purchasing Agent
Date
Purchasing
8/112005 8:42 AM
Approved By
Kelsey Ward
Administrative Services
Senior Purchasing and Contracts Agent
Date
Purchasing
8/1/2005 2:09 PM
Approved By
Thomas Wides
Public Utilities
Operations Director
Date
Public Utilities Operations
8/3/200511:44 AM
Approved By
Roy B. Anderson, P.E.
Public Utilities
Public Utilities Engineering Director
Date
Public Utilities Engineering
8/3/20051:14 PM
Approved By
James W. Delony
Public Utilities
Public Utilities Administrator
Date
Public Utilities Administration
8/4/2005 2:58 PM
Approved By
OMS Coordinator
County Manager's Office
Administrative Assistant
Date
Office of Management & Budget
8/4/20054:27 PM
Approved By
Susan Usher
County Manager's Office
Senior Management/Budget Analyst
Date
Office of Management & Budget
8/10/200512:42 PM
Approved By
Michael Smykowski
County Manager's Office
Management & Budget Director
Date
Office of Management & Budget
8/16/20068:64 AM
Approved By
James V. Mudd
Board of County
Commlss ioners
County Manager
Date
County Manager's Office
8/16/20053:47 PM
Agenda Item No. 16F1A
August 9. 2005
Page 3 of 9
ROUP, INC.
loyee-Owned Firm
Agenda Item No. 16F1
September 13, 2005
Page50f151
160 S.W. 12th Avenue, Suite 110
Deerfield Beach, FL 33447
954.698.970..
fax 954.698.0330
,-z,.
Inf Consultin( and
on TechnolofY Services
April 19, 2005
www.rjn.com
Mr. Joseph Cheatham, P.E.
Director of Wastewater
Public Utilities Division
3301 Tamiami Trail, Bldg H
Naples, FL 34112
Subject:
Collier County Contract # 04-3598 "Professional Engineering Services for
Capacity, Management, Operations and Maintenance Staff Optimization
Assessment for Collier County Wastewater Systems"
Addendum #0 1
Dear Mr. Cheatham:
RJN Group, Inc. is pleased to submit this proposal to Collier County. The purpose of this
addendum to our original contract is to conduct an additional series of staff optimization
workshops, and benchmarking, and comparison assessment.
To complete the optimization task, RJN will perform a series of three workshops with the
Wastewater Department staff in May 10, 12 and 12, 2005.
The session will be broken down into thr~ days as follows:
Dav One -
The fIrst day session will be conducted by the RJN Team and it will involve a workshop
with Senior Field Supervisor Dave Fitts' Group. It will include the Pump Shop Crew
Leader, The Rehabilitation and Valve Maintenance Crew Leader and the Camera / Vactor
Crew leader. A small representative group offIeld personnel under each of the three
. senior crew leaders will also be invited to take part. Steve Nagy will also take part in this
workshop. The workshop will concentrate on obtaining from staff information pertaining
as to their daily operations and tasks. The RJN team will aim to fInd out from the
attendants how work orders are generated, how are they keeping track of completed work
orders, what happens once a work order is completed, how is the staff documenting the
daily tasks and how the crews' performance is evaluated, etc. The purpose for this
workshop is to research and gain a very detailed and accurate understanding of the daily
operations and procedures of this particular group.
RECEIVED
APR 2 1 2005
AgeJJ~gl\~~~~~ENT
Page 4 of 9
Agenda Item No. 16F1
September 13. 2005
Page 6 of 151
Mr. Joseph Cheatham, P.E.
April 19, 2005
Page Two
Day Two
The second day ..session Will be conducted by the RJN Team and it wiil involve a
workshop-With Senior'Field Supervisor Jim Gammell' Group. It will include the North
Field and South Senior Crew Leaders, Senior Instrumentation and Telemetry Technician
and the.Odor Control Specialist. Similarly to the first day's workshop, a small
representative group offield personnel under each of the four senior crew leaders will
, also be invited to take part. Steve Nagy will also take part in this workshop. The
workshop will again concentrate on obtaining from staff information pertaining as to their
daily operations and tasks. The RJN team will aim to find out from the attendants how
work orders are generated, how is the staffkeeping track of completed work orders, what
happens once a work order is completed, how is the staff documenting the daily tasks,
how the staff's performance is evaluated, etc. The purpose for this workshop is to
research and gain a very detailed and accurate understanding of the daily operations and
procedures of this particular group.
Day Three
~'
nus session will also be conducted by the RJN Team and it will be aimed to the senior
management of the Department. It will include Steve Nagy, Joe Cheatham and key
senior staff. At this meeting, the RJN team will present the findings from the workshops
from the previous two days. Part of this workshop will also serve as brainstorming
session to identify areas of improvements. The ideas or suggestions that result from this
session will serve as the basis of the Optimization report that will be submitted to the
county.
'.-
BenchmarkinlZ I Comoarison and R~ort
nus Task will include the preparation of a questionnaire to be mailed to Palm Beach and
Sarasota County Utilities Departments. The T earn will mail out the survey to those two
utilities and follow up with telephone call to capture the infonnation required. The
purpose of this task is to gain.an insight into those two utilities' operating procedures and
to be able to compare it to Collier County's department. The RJN team will use the
information gathered during the workshops to compare and bench mark Collier County's
operations against that of Palm Beach and Sarasota County. The fmdings of the
workshops and of the benchmarking/comparison effort will be presented to the County in
a special report. .
RJN GROUP, INC.
Agenda Item No. 16F1
September 13, 2005
Page 7 of 151
Mr. Joseph Cheatham, P.E.
April 19, 2005
Page Three
SCHEDULE
RJNwill start.the project within two weeks ora verbal authorization or receipt of a P.O.
, . No. The 'work will be performed on May 10, 11 and 12,2005. A draft of the report will
be submitted by the June 3, 2005.
COMPENSA nON
RJN will perform the services described herein; for a lump sum amount of $32,000.
Payment to RJN will be based on monthly invoices.
Please contact us if you have any questions or if you would like further information. We
look forward to being of service to you and to Malcolm Pirnie.
Very truly yours,
RJN GROUP, INC.
,- A~" ~.. P --<..J'
Rodolfo B. Fernandez, P.E.
Principal
RBF: LER: law
RJN GROUP, INC.
Engineering Consulting and n
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RJN GROUP INC
S6489903a0
07111/06
9525410193
1112~ R 00:2
~yena~ ITem No. 16F1
Septer-ntler 13, 2005
Page 8 of 151
11 Jul 05 10.01a
W.,lA.JGI01WD
Agenda Item No. 16F1A
August 9, 2005
Page 7 of 9
CHANG! ORDER '1
!'ROM: ColI:ier COUMy GovUllftK!Rt
TO: UN Gn.... lac:.
Jtit 5."'.12'" A...IIt~ S.iteIJO
Dee....d IMac),.FL 3344%
Project Namc= Pro! Eng. Services forCMOM A.~C$smcnt
Bid No. : 04-)598 ChanSl!: Order No.: I
Oated: May 2S. 2004
Date: J\.I~ )<<), 2005
<."Range Ord<< D~ian: 1'0 bettEr dct\de the scope of Task D. SbdrOprimi2'ati(\nPIaD. wbieh COIIId not be
esrabtished prior to Ta.'1bA-C IMina complfted.. Compcl1SatioD for Task D wilt change from the C7l'lgina.l time
and matc:riallo a Iwnp sum amount.
Original Agreement ArnOt_ . ................. ................................... .............. $$9,61 8.00
SIlIRoflJlVrious ChangcOrdets AmouAt ........._......_........_...................S-o-
This Cbange Order Amount ................. ....................................... ............S22,OOO.OO
Rni~d Agret:menl AtnO'llftI., ........ .... ..... .................... .............. -......-..-... $81,618.00
Original ,COmtICt Time in calendar .)'S 125
A4justcdllumbcr of calendar days due to prcvjoU$ Change Orders 125
This Cbaogc: Ordct- ~edlimc is 337
RtJ1';'M Cnn"ocl T'mur. in ctrI.l!IUfIar. 462.
OriglnalNQtice (0 Procud Date: Juoe 28, 2004
Completion date &am on orlginaf COfltmct Timo: (X:tobcr 29. 2004
Revised t:ompIetio1l date; Scpkmbcf 30. ZOOS
Coatrllotor'saWQeJllllflCe aftftil Ch_ge OnIc:rshall c:onatilutealhOdi~JI 0dtc Agre<<4Cflund wilt be
pcrformcld~. to.lI the S8~ ttll'ms and. condltiOll$ eJ. ~laiD&:diGthoApemont. as iflbe same were
npllalcd in tt1r, lICCCflI*DCe. The a.d~;f lQl.)',to thcAp-ecotCftt shallCOllllfhto a filll and fiaahettlc:mcnt
uf any ad 1ot1l c]airm of'tbe C(lntradOr arising out 0(.. or related to. d1ec:.hange set thrth herein, inducting claims
fur impact and "l.y costs.
P..Hdby:~ ~ Date: .iLt/05
Marisa Garcia,. Operations Ana'yst,. WastewatcrD"=u..,,,cnt
~--t. , ,.-
Acccptcdby:~~~ ..._ Dele; -.J"""I, i112a1.,)
ION Group, 1Dc~ Consubnt UorJo'f- a _ ~-:;Ie 21/ P.t: .
Appnwed by:__. Date: .___
<.:iax'~ Yiknn:r., Intcl'itn W......,... Direcfor
Authorized by ~ O~
Jim DeLony. P.R, Public VtilitifsAdmlnistrltor
(For IIRCby Owner: Fund _ C<Ost Center. _~_ Ob.icr;t Code:
--)
~t Number.
Reyised 2124nOO5
;
Agenda Item No. 16F1
September 13, 200s--"~
Page 9 of 151 !
Date: 7112/05
E-Mailed To Bonnie:
Project Name: Prof. Eng. Servo For CMOM for Wastewater
Project Number: 72517
BIDIRFP #:
04-3598
Mod#:
PO#;
4500029517
Work Order Number:
Contractor/Consultant RJN Group Inc.
Original Contract Amount: $_59,618.00
(Starting Point)
Currcnt BeC Approved Amount:
$_59,618.00
(Last Total Amount Approved by the BCe)
Current Contract Amount:
$_59.618.00
(Including All Changes Prior To This Modification)
Change Amount:
$
22,000,00
Revised Contract/Work Order Amount: $ 81,618.00
(Including This Change Order)
Cumulative Dollar ValueofChanges to this Contract/Work Order: 1--22,000.00
Percentage Of The Change Over/Under Current Contrai:t Amount:
_36.9
01
'D
Overview of change : To better define the scope of Task D which could not be established prior to Tasks A-C being completed.
Compensation for Ta~k D will change from the'original time and material to a lump sum amount. Contract completion extended
to September 30,2005 due to Consultant's olTIcebeing strayed during 2004 hurricane.
Contract Specialist: I Date: 7 /I..;z/Q~
Scanned Date:
Data Entry Infonnation:
Type of Change: Contract
Project Manager: Marisa Garcia
Department: Wastewater
Chao!,'C Category Type. Circle One Below: 1,5,6
l. Planned or Elective
2. Unforeseen Conditions
3. Quantity Adjustments
4. Correction of Errors
5. Value Aclded
6. Schedule Adjustments
Scanned copies of/he back up documentation may be located on the Purchasing G drive:
Revised 7/l 1/05
Agenda Item No. 16F1A
August 9, 2005
Page 8 of 9
CONTRACTNVORKORDER MODIFICATION
CHECKUSTFORM
Agenda Item No. 16F1
September 13, 2005
Page 10 of151
....QROJECT NAME: Prof. Eng. Serv. For CMOMfor Wastewater PROJECT #:
72517
SIDlRFP #: 04-3598 MOD #:
1 POI:_ 4500029517
WORK ORDER It.
DEPARTMENT:_Wastewater
Current BCC Approved Amount:
S 59,618.00
(Starting Point)
$ 59, 618.00
(Last Total Amount Approved by the BCe)
Original Contract Amount:
Current Contract Amount:
$ 59,618.00
(lncludingAll Clumges Prior To This Modification)
Change Amouut:
$
22,000.00
Revised ContractIWorkOrder Amount:
$ 81,618.00
(IncludingTIris Change Order)
CUDlwative Dollar Value of Changes to thisContractIW ork Order: S _22,000.00
Date of Last BeC Approval
5125104
Agenda Item # _16C1
_Percentage oUhe changeoverlundercurrentcontractamount_36.9 %
'ormuta: (Current Amount I Last BCCapproved amount)-1
rtesults and Actions: If the change exceeds 10% BCe approval is required; under 10% reported to BCCon
Purchasing report. For specific information regarding work order thresholds. please refer to the Contract
Administration Procedures, Section III.C.4.
CURRENT COMPLETION DA TE(S):ORIGINAL:
CURRENT:
SUMMARY OF PROPOSED CHANGE (S): Idf!ntifythe changes. Addition of meetings for staff optimization
workshops, benchmarking and comparison · assessment.
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project: To
better define the scope of Task D) Staff Optimization Plan, which could not be established prior to Tasks A,..C
being completed. Compensation for Task D will change from the original time and material to a lump sum
amount. Project completion extended due to local office being destroyed by 2004 hurricane.
PARTIES CONTACTEDREGAROIN.G THE CHANGE: LvnWood. Joseoh Cheatham
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N orNlA)
_ y _ Prq')OS8d change is consistent with the scope oUheexismrlQagrBement
_ Y _ Proposed change is in fact an addition or deletion totheexiStingscop$
_ Y_ Change Is being implemented in a manner oonsistentWith the eXisting agreement
_Y _ The appropriate parties havebeenconsulted.regarding .,th$ ctulnge
_ y _ Proposed prices, fees and costs set forth in ttle change are reasonable
PROJECT MANAGER RECOMMENDATION: This form is to be signed and dated.
-APPROVEBy:1l1~~ Date: tJ!3D/OS'
Project nage I
REVIEWED BY: ? Date: ~ij ~/~~
Con pecialist
Agenda Item No. 16F1A
August 9, 2005
Page 9 of 9
Agenda Item No. 16F1
September 13, 2005
Page 11 of 151
EXECUTIVESU~ARY
Recommendation to award Bid #05-3834 "Recycling Fitness Walk" to Bright River
Sales and Caple Landscape Management for the construction of an Innovative
Recycling Fitness Walk at Eagle Lakes Park in the amount of $46,243.00.
OBJECTIVE: To obtain approval from the Board of County Commissioners to award
contracts for construction of the Innovative Fitness Walk to Caple Landscape
Management in the amount of $2,282 and Bright River Sales in the amount of $43,961.
CONSIDERATION: The Solid Waste Management Department (SWMD) submitted a
proposal to the Florida Department of Environmental Protection (FDEP) for an
Innovative Waste Reduction and Recycling Grant for a Recycling Fitness Walk at Eagle
Lakes Community Park in November 2003. The amount of $63,000.00 was allocated on
April 30, 2004 by FDEP for this proposal. The SWMD has committed matching funds of
$7,500 for this project. The Board of County Commissioners approved acceptance of this
grant at its regular meeting of December 14, 2004.
The objective of this project is to promote recycling by the use of recycled material in a
highly visible and accessible venue. The use of recycled material in the construction of
the walk, including recycled tire rubber surfaces and activity equipment, will stimulate
the market for sale of recycled material. In addition, promoting and teaching recycling
and waste reduction will in turn reduce waste, save landfill space and natural resources,
having an overall environmental benefit.
This will be a joint project between the SWMD and the Parks and Recreation
Department. The Recycling Fitness Walk will be located at Eagle Lakes Community
Park. Collier County has until November 30, 2005 to complete the project.
Bid #05-3834 for the Recycling Fitness Walk was publicly advertised April 13, 2005.
The scope of work in this bid contained three sections (sidewalk, equipment area and
fitness equipment) allowing the bidders to present a proposal on the entire project or on
one section of the project.
The proposals were opened on May 4,2005. There were three proposals received. Caple
Landscape Management was the lowest, qualified and responsive bidder on the sidewalk
with a price of $2,282. Bright River Sales was the lowest, qualified and responsive bidder
for the equipment area with a price of $23,889 and the fitness equipment in the amount of
$20,072. Staff recommends awarding construction contracts to these two vendors.
Approval of this contract by the County Manager is subject to formal ratification by the
Board of County Commissioners. If the decision by the County Manager is not ratified
by the Board, this contract shall not be enforceable against Collier County only to the
extent authorized by law in the absence of such ratification by that Board.
Agenda Item No. 16F1 B
August9,2005
Page 1 of 4
Agenda Item No. 16F1
September 13, 2005
Page 12 of 151
FISCAL IMPACT: The Solid Waste Disposal grant Fund (472) will receive revenue in
the amount of $63,000 from the FDEP grant. Grant funds are received on a quarterly
basis through submission of reimbursement requests. Local matching funds in the
amount of $7,500 are required and are available in Fund (470).
GROWTH MANAGEMENT IMP ACT: This action is consistent with the Growth
Management Plan.
RECOMMENDATION: Staff recommends that the Board of County Commissioners
approve the award of Bid #05-3834 "Recycling Fitness Walk" to the following vendors:
Caple Landscape Management and Bright River Sales and authorize the Chairman to
execute the standard contracts after review by the County Attorney's Office.
PreDared by: Denise Kirk, Waste Reduction & Recycling Manager, Solid Waste
Management Department
Agenda Item No. 16F1 B
August 9. 2005
Page 2 of 4
Item Number:
Item Summary:
Meeting Date:
Agenda Item No, 16F1
September 13. 2005
Page 13of151
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16F1B
Recommendation to award Bid #05,3834 "Recycling Fitness Walk" to Bright River Sales and
Caple Landscape Management for the construction of an Innovative Recycling Fitness Walk
at Eagle Lakes Park in the amount of $46,243,
8/9/20059:0000 AM
Date
Prepared By
Denise Kirk
Public Utilities
Waste Reduction & Recycling Manager
Solid Waste
7122/20059:14:22 AM
Date
Approved By
Jack P. Curran
Administrative Services
Purchasing Agent
Purchasing
7/27/20058:46 AM
Date
Approved By
Mike Ha uer
Administrative Services
Acquisition Manager
Purchasing
7/27/20059:08 AM
Date
Approved By
Steve Carnell
Administrative Services
Purchasing/General Svcs Director
Purchasing
7/27/20059:32 AM
Date
Approved By
Thomas Wides
Public Utilities
Operations Director
Public Utilities Operations
7/27/20059:43 AM
Date
Approved By
G, George Yilmaz
Public Utilities
Interim WasteWater Director
WasteWater
7/2812005 9: 11 AM
Date
Approved By
Robert N. Zachary
County Attorney
Assistant County Attorney
County Attorney Office
7/28/200511 :28 AM
Date
Appro\'ed By
James W. DeLony
Public Utilities
Public Utilities Administrator
Public Utilities Administration
7/28120052:49 PM
Date
Approved By
OMS Coordinator
County Manager's Office
Administrative Assistant
Office of Management & Budget
7/28/2005 4: 25 PM
Date
Approved By
Randy Greenwald
County Manager's Office
Management/Budget Analyst
Office of Management & Budget
71291200511:28 AM
Date
Approved By
Michael Smykowski
County Manager's Office
Management & Budget Director
Office of Management & Budget
8/5/2005 5:12 PM
Date
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
County Manager's Office
8/8/200510:07 AM
Agenda Item No, 16F1B
August 9, 2005
Page 3 of 4
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Agenda Item No. 16F1
September 13, 2005
Page 15 of 151
EXECUTIVE SUMMARY
Recommendation to approve a landscape installation and maintenance agreement between
Estuary at Grey Oaks Property Association and Collier County for landscaping within the
right-of-way on Golden Gate Parkway.
OBJECTIVE: For the Board to approve enhanced landscaping along Golden Gate Parkway, a
County Road, and to assure landscape buffering on Golden Gate Parkway.
CONSIDERATION: The Agreement for enhancements along Golden Gate Parkway is
attached to this Executive Summary (Attachment No.1). The Agreement permits the installation
of an enhanced landscaping and irrigation installation. The Agreement provides for future
ongoing maintenance of all improvements within the County's right-of-way.
The future owners within the Estuary at Grey Oaks Property Association will be financially
responsible for the maintenance and future replacement of the Improvements.
The County has the right, under the Landscape Maintenance Agreement, to direct the Estuary at
Grey Oaks Property Association to make any necessary repairs or, if the County's direction is
not complied with, to make the repairs and bill the Grey Oaks Property Association. Further, the
Agreement indemnifies the County from any action on the part of the developer or the property
owners association that might be detrimental to the County. Finally, the Agreement incorporates
a set of Maintenance Specifications that the developer and the property owners association must
comply with.
Approval of this agreement by the County Manager is subject to formal ratification by the Board
of County Commissioners. If the decision by the County Manager is not ratified by the Board,
this agreement shall not be enforceable against Collier County only to the extent authorized by
law in the absence of such ratification by the Board.
FISCAL IMP ACT: The recording fees not to exceed $200.00 are the responsibility of the
Estuary at Grey Oaks Property Association. All expenses associated with the improvements and
the related ongoing maintenance shall be the responsibility of the developer and the property
owners association.
GROWTH MANAGEMENT IMP ACT: There is no Growth Management Impact associated
with this Executive Summary.
RECOMMENDATION: Recommendation that the Board approves the attached Agreement
and authorizes the Chairman to execute it on behalf of the Board.
Prepared By: Pamela Lulich, RLA, ASLA, Proj ect Manager, Alternative Transportation Modes
Attachment: Agreement
Agenda Item No. 16F1 C
August 9, 2005
Page 1 of 11
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16F1
September 13. 2005
Page 16 of 1 51
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16F1C
Recommendation to approve a landscape installation and maintenance agreement between
Estuary at Grey Oaks Property Association and Collier County for landscaping within the
right.of-way on Golden Gate Parkway.
8/9/2005 9:00:00 AM
Prepared By
Pamela J. Lulich
Transportation Services
Project Manager
Date
Alternative Transportation Modes
712512005 3:01 :28 PM
Approved By
Pamela J. Lulich
Transportation Services
Project Manager
Date
Alternative Transportation Modes
712612005 1 :24 PM
Approved By
Diane B. Flagg
Transportation Services
Director of Alternative Transportation
Modes ATM Director
Date
Alternative Transportation Modes
7126120051:42 PM
Approved By
Lynn R. Thorpe, P.E.
Transportation Services
Principal Project Manager
Transportation Engineering and
Construction
Date
7/271200511 :31 AM
Approved By
Sharon Newman
Transportation Services
Accounting Supervisor
Date
Transportation Administration
7127120051:15 PM
Approved By
Jeff Klatzkow
County Attorney
Assistant County Attorney
Date
Approved By
County Attorney Office
811120058:40 AM
Nonn E. Feder, AICP
Transportation Services
Transportation Division Administrator
Date
Transportation Services Admin.
814120057:30 AM
Approved By
Pat Lehnhard
Transportation Services
Executive Secretary
Date
Transportation Services Admin
81412005 9:21 AM
Approved By
OMB Coordinator
County Manager's OffIce
Administrative Assistant
Date
Approved By
Office of Management & Budget
814120054:28 PM
Michael Smykowski
County Manager's Office
Management & Budget Director
Date
Office of Management & Budget
8116120058:58 AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
8116120054:12 PM
Agenda Item No. 16F1 C
August 9. 2005
Page 2 of 11
Agenda Item No. 16F1
September 13. 2005
Page 17 of 151
STANDARD FORM LANDSCAPE MAINTENANCE AGREEMENT
This Landscape Maintenance Agreement ("Agreement") is entered into this _ day of
, 2005, by and between Collier County, Florida, a political subdivision of the
State of Florida whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112
(hereinafter referred to as the "County"), and Estuary at Grey Oaks Property Owners Association,
Inc., a Florida not-for-profit corporation, whose mailing address is c/o Grey Oaks Community
Services Inc., 2386 Grey Oaks Drive, N., Naples, Florida 34105 (hereinafter referred to as the
"Association").
RECITALS:
WHEREAS, County is the owner of that certain right-of-way located in Collier County,
Florida and known as Golden Gate Parkway (hereinafter referred to as "Road"); and
WHEREAS, Section IV-B-12 of the Construction Standards Handbook for Work Within The
Public Rights-Of-Way, Collier County, Florida (2003) provides as follows:
Permitting
The responsible property owner or his authorized agent must apply for a "Permit to
Perform Work and/or Maintenance in Public Rights-oJ-way ".
Landscaping Permit Within the public rights-of-way: A private owner, Developer or
civic or homeowners' association desiring to landscape within a public right-of-way
shall submit a landscape and irrigation construction documents prepared by a
licensed landscape architect for County review. The Permit application shall include
three (3) sets of detailed plans indicating the existing right-oJ-way facilities and the
type and location of the proposed plantings, location of electrical and irrigation
systems(s). After acceptance of the landscape and irrigation plans, a landscape
agreement shall beprepared by the contracting parties and approved by the County
attorney's office. (See Appendix for example) The purpose of the landscape
agreement is to ensure that the Permittee, or his successors or assign, shall be
responsible to maintain such material and irrigation system until removed or unless
otherwise specified; and
WHEREAS, in keeping with the above, the Association has applied fora Landscaping Pennit
Within the Public Rights-of-Way, and has submitted landscape and irrigation construction
documents prepared by a licensed landscape architect for County review. Copies of the plans are
attached hereto as Schedule "A". The Association shall follow the Collier County Maintenance
specifications attached as Schedule "B".
NOW, THEREFORE, in consideration of the covenants contained herein, the parties agree
as follows:
1 of4
Agenda Item No. 16F1C
August 9.2005
Page 3 of 11
Agenda Item No. 16F1
September 13, 2005
Page 18 of 151
1. Subject to the issuance of aU necessary pennits, County hereby grants to the
Association the right to use those portions of the Road depicted in Schedule "A", for the sole
purpose set forth in Schedule "A". The Pennits address, among other things, the timing oftbe work,
maintenance of traffic flow during construction, and the pennissible lane closures during the time
that work is to be perfonned.
2. The Association agrees to construct and maintain the improvements set forth in
Schedule "A" (hereinafter referred to as "Improvements") at its sole cost and expense, until such
time as the County executes a release from indemnification as discussed below. Association also
agrees that it is installing the Improvements at its own risk and it shall not be entitled to
compensation for the installation or subsequent removal of the Improvements. Association shall
fonow the Collier County Right-of-Way Maintenance Specifications attached as Exhibit "B," as may
be modified from time to time.
3. Should the Association fail to construct or maintain the Improvements in accordance
with Schedule "A" or law, the County may provide notice to the Association in writing, specifying
the nature of the deficiency. Within five working days following receipt of such notice, the
Association at its sole cost shall cause the appropriate repairs or cure to be effected. In the event
damage to, or failure to maintain the Improvements results in a situation where public safety is at
risk, (1) the Association shall effect repairs within twenty-four hours of receipt of the County's
written notice, or (2) the County may, at its option, effect repairs to the Improvements, without the
need for prior notice to the Association, and will promptly bill the Association for all actual costs
incurred in effecting the repairs. The Association shall reimburse the County for such costs within
thirty days of receipt ofthe County's bill.
4. The Association, as Indemnitor hereunder, shall indemnify and save harmless the
County, as Indemnitee hereunder, including all employees oftbe County, from any loss or damages
Indemnitee may suffer as a result of claims, suits, demands, damages, losses, fines, penalties,
interest, expenses, costs, or judgments, including attorneys' fees and costs oflitigation, against the
County arising out of the Association's use ofthe Road for the purposes set forth in this Agreement,
including the construction and removal ofthe Improvements. The Indemnitee shall not undertake
to settle any lawsuit or threatened lawsuit that could give rise to Indemnitor's obligation hereunder
without the prior consent of Indemnitor, such consent to not be unreasonably withheld.
5. The indemnity provided for by this Agreement will extend from the date of this
Agreement until such time as the parties hereto acknowledge in writing that the Association has
ceased to use the Road for the purposes stated within this Agreement and the Road has been restored
as set forth below, at which time, following receipt of the Association's written request, the County
will execute a release from indemnification in favor of the Association.
6. Indemnitee agrees to give Indemnitor written notice of any c1aimsfiled against the
County in connection with this Agreement, within thirty days of the date that County is aware of
such claim.
20f4
Agenda Item No. 16F1C
August9,2005
Page 4 of 11
Agenda Item No. 16F1
September 13, 2005
Page 19 of 151
7. Unless terminated as set forth below, this Agreement shall remain in full force and
effect in perpetuity from the date first set forth above, and shall be binding upon the parties and all
of their successors in interest. This Agreement may be freely terminated as of right by either party,
with or without cause, upon thirty (30) days written notice to the other. Upon such termination, on
written demand by County, Association, at its sole cost and expense, shall remove the Improvements
and restore the Road to the Condition that existed immediately prior to the effective date of this
Agreement. This is an at-will Agreement; accordingly, it is expressly understood and agreed that
the County may revoke the right to use any or all of the portions of the Road at any time, and may
remove or order the removal of any or all of the Improvements at any time.
8. In the event either party hereto shall institute legal proceedings in connection with,
or for the enforcement of, this Agreement. the prevailing party shall be entitled to recover its costs
of suit, including reasonable attorney's fees, at both trial and appellate levels.
9. This Agreement may be recorded by the County in the Official Records of Collier
County, Florida. The Association shall pay all costs of recording this Agreement prior to the
execution of this Agreement. A copy of the Recorded Agreement will be provided to the
Association.
10. This Agreement is the entire agreement between the parties, and supercedes all
previous oral and written representations, agreements and understandings between the parties. This
Agreement shall be governed by the laws of the State of Florida, and may not be altered or amended
in any way, save by written agreement signed by both parties.
REMAINDER OF PAGE lNTENTIONALL Y LEFT BLANK FOR SPECIAL CONDITIONS, IF ANY
30f4
Agenda Item No. 16F1 C
August9,2005
Page 5 of 11
Agenda Item No. 16F1
September 13, 2005
Page 20 of 151
IN WITNESS WHEREOF, the parties have caused these presents to be executed on the day
and date first above written.
ATTEST:
Dwight E. Brock. Clerk
BOARD OF COUNTY COMMISSIONER.S
COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk
FRED W. COYLE, Chairman
ESTUARY AT GREY OAKS PROPERTY
OWNERS ASSOCIATION. INC.
r l'J.;j" " 1
resident
WITNESSES:
~~ )f:A-v
La ~I me Web.p.
/]? I
eVt?-. LJdJ:tt---'
Chris Welder
By:
STATE OF FLORIDA
COUNTY OF COLLIER
Signed and acknowledged on this 5J.Jr, day of June , 2005, before me, the
undersigned Notary Public, by Kurt M. Lutgert , as President of Estuary at Grey Oaks
Property Owners Association, Inc., a Florida colporation not-for-profit, on behalf of the corporation,
who is [,(] personally known to me or has [ ] produced as identification.
.~-) /
( l),:-, (J/.1dt~
Notary Public
Q) CHRtS WELDER
Notary Public. State of Florida
My comm. expires Dec. 13. 2008
Comm. No. DO 378689
Bonded by Western Surety Company
Printed Name: ChrisWelder
My commission expires: 12/13/08
Approved as to Legal Form and Sufficiency:
Jeffrey A. Klatzkow
Assistant County Attorney
40f4
Agenda Item No. 16F1C
August 9,2005
Page 6 of 11
Agenda Item No. 16F1
September 13, 2005
Page 21 of151
SCHEDULE "B"
RIGHT OF WAY LANDSCAPE MAINTENANCE SPECIFlCA TJONS
These specifications are intended to provide the infonnation by which private entities may understand the minimwn
requirements of Collier County relative to maintaining CoWlty rights of ways. Records of all specification requirements shall
be kept and made available to the County's representative upon request.
A MOWING AND EDGING: Mowing and edging shall include medians as well as those areas, if existing, along
the outside edge of the sidewalks of adjacent properties. All turf shall be mowed with mulching type mower
equipment to eliminate the need to bag and transport grass clippings. Should bagging be necessary, the bagged
clippings sball be collected and removed at no additional cost. Grnss shall be cut at a height oftbree and one haIf
inches (3 W'). The frequency of cutting will be weekly or fifty-two (52) times.
Mechanical edging of the turf shall be done with each mowing along all sidewalk edges, back of concrete curbs,
around all planting beds, utility service boxes, street light bases, sign posts, headwalIs, guardrails, timer pedestals,
posts, and trees. Metal blade edging is not permitted along back of curbing. Grass root runners extending into the
mulched areas shall be cut and removed when the edging is performed. Edging will also be required in all turf areas
around isolated trees, sprinkler heads, valve boxes, shrubs, sign posts. manholes, etc. where they exist. All debris
on streets, sidewalks or other areas resulting from edging shall be removed. No herbicide shall be used for edging.
All sidewalks, curbing and/or gutters shall be cleaned after each service. All sidewalks shall be blown clean, but
no clippings or other debris shall be blown or allowed to be deposited on other adjacent property or accumulate on
right-of-way areas.
B. WEEDING: Weeding of plant beds, sidewalks (asphalt, concrete or pavers), guardrail bases, and curb joints as
well as other mulcbed areas by chemical and/or hand removal will be performed weekly or as necessary to provide
a weed free and well maintained area.
C. GENERAL SITE PRUNING: General site pruning shall be defined as the pruning of any plant's foliage below
ten-foot (10') foot.
All groundcovers, shrubs, canopy trees and palms up to ten foot (10') level, shaH be inspected and pruned on a
weekly or an as needed basis, so to maintain the proper or required heights for visibility, vehicular movement
purposes and desired shape or form as determined by County's representative. Pnming shall also include removal
of water sprouts, suckers and any dead or diseased foliage or branches.
During the first week of Octoher and April, ornamental grasses, such as Fountain grass, Florida Gamma or
Fakahatchee grass shall be pruned in a pyramid shape to a twelve inch (12") or twenty-four (24') height based upon
the type of plant. Ornamental type grasses such as Liriope muscari 'Evergreen Giant', shall only be pruned at the
direction and approval of the County's representative.
Plant material with a canopy over pedestrian sidewalks shall be maintained at a minimwn height of one hundred
twenty inches (120"). Shrubs and ground covers adjacent to pathways or sidewalks shall be pruned to maintain one
foot (1 ') of clearance from the edge of the pathway. IT is recommended that adjacent shrubs and groundcovers be
maintained so that they angle or are rounded away from the pathway.
D. TRASH REMOVAL: With each service, all sites sball be cleaned by removing all trash or debris to include, but
not limited to; paper, bottles, cans, other trash, and horticultural debris. All debris or trash pick-ups shall be
performed "prior" to mowing in all turf areas. The disposal of all trash and debris must be at a proper landfill or
disposal site.
E. STREET CLEANING/SWEEPING: Street Cleaning: A four foot (4') wide area measured from the face offhe
curb and gutters including turn lanes shall be cleaned with each site service to remove any accumulation of debris
or objectionable growth so to maintain a neat and safe condition.
10f5
Agenda Item No. 16F1C
August 9, 2005
Page 7 of 11
Agenda Item No. 16F1
September 13. 2005
Page 22 of 151
F. TRAFFIC CONTROL: The developer shall comply with the requirements of Collier County Maintenance of
Traffic (MOT) Policy, copies of which are available through Risk Management ortbePurcbasing Department. The
Developer shall obtain and review the County MOT policy requirements prior to submitting a bid..
The Developer will be responsible for obtaining copies of all required manuals, MUTCD, FOOT Roadway & Traffic
Design Standard Indexes, or other related documents, so to become familiar with.tbe requirements. Strict adherence
to tberequirements of the MOT policy win be enforced under this Contract.
To assist in employee visibility; approve bright day glow redlonmge colored safety vests shall be worn by employees
when servicing the area.
G. CANOPY TREE AND PALM PRUNING: For this site, canopy trees shall be defined as any large shrub, tree,
or palm with foliage above a ten-foot (10') level.
All canopy trees and palms shall be pruned on a continuous basis to create and maintain a seventeen.foot (17')
canopy clearance over the roadways and a ten.foot (10') canopy clearance over all pathways. Canopy trees shall
be selectively pruned twice per year in April and September so to thin the interior canopy of cross branching and
to sbapethe canopy of the trees. The County's representative shall approve a professional licensed to prune tress
under the direction of a Licensed Landscape Architect, Arborist, Tree Surgeon, or other approved professional shall
do the pruning and sharpening. The work shall be perfonned per ANSI AS300 "Standard Practices for Trees,
Shrubs, and other Woody Plant Maintenance" and done in a professional manner in accordance with "Pruning
Standards" of the national Arborist Association or accepted local trade standards and practices.
Palms shall be pruned annually during June of each year. The palms shall be pnmed to a "Tropical Cuf" or to a nine
(9) o'clock- three (3) o'clock angle from the horizontal at the base of the palm's bud or lowest fronds.
Approximately seven (7) to (10) ten green fronds shall be left at the beadafterpmning. The pruning shall include
removal of all nuts, seed stalks, brown or dead and lower fronds.
The work shall be done in a professional manner in accordance. with acceptable trade standards and practices. The
palms shall not be climbed with tree spikes to remove the fronds. The pnmmg shall be accomplished by the use of
a ladder, boom truck or lift. All debris from the pruning sball be removed and the site shall be left on a clean and
neat manner.
When the annual orbi-annual heavy pruning work is being perfonned with the use of a lift or boom truck, it is
required that the adjacent traffic or turn lane to the work area, be closed using traffic control devices and signage
per the current FDOT traffic control standards and indexes.
H. FERTILIZATION: Granular fertilization of shrubs and groundcovers sballbe applied by hand in a twelve-inch
(12") wide radius ring around the base of the plants. Granu1ar fertilization of the trees and palms shall be determined
by the caliper (diameter) of the trunk and broadcast by band in a band around the plant's base from a distance of
12" to the drip line oftbe palm, whenever possible.
An 8 oz. cup equals one (I) pound.. Trees and palms shall receive one (1) cup per one-incb (Ii caliper. Shrubs and
groundcovers shall receive one (1) cup per three foot (3 ') ofbeight or spread. Shrobs and grot.mdcovers shall receive
one-half (112) cup per eighteen inches (18") ofheigbt or spread. All fertilizer shalt be swept off all sidewalks,
concrete curbing and paving.
The fertilizer shall be applied as set forth in the fonowing schedule.
Turf Areas and Plant beds containing Shrubs, Groundcovers, and Trees.
The (13-3-13) fertilizer shall be applied at arate often (10) pounds per one thousand (1000) sq ft. for all areas. Four
applications of(l3-3-13) fertilizer will be applied yearly during the months of February, May, July, and October.
Palms: Developer shall apply approved by County's representative palm fertilizer during February, May, July, and
October as specified below.
2 of 5
Agenda Item No. 16F1C
August 9, 2005
Page 8 of 11
Agenda Item No. 16F1
September 13, 2005
Page 23 of 151
Should yellowing occur on the top of the fronds, manganese sulfate will be required and if on the lower fronds, Sul-
Po-Mag or equivalent will be required to be applied with the palm fertilizer at the rates specified.
1. MULCHING: Organic Mulch Areas with no mulch or new planting areas shall have mulch placed to provide for
a four inch (4") non-compacted or unsettled depth measured from the existing soil grade. The area to receive the
mulch shall be raked level to establish the proper finished grade and have all weeds removed prior to the placement
of the mulch. Two inches must be applied to replenish this mulch twice a year, November and during May.
J. LANE CLOSURE: Lane closure for median maintenance shall be limited. Upon proper placement of the lane
closed signs, pre-warning signs, arrow boards, traffic cones form the existing soil grade.
K. IRRIGATION SYSTEMS: The irrigation systems shall be checked and repaired as necessary. Each zone shall
be manually turned on at the valve once a week and a thorough inspection conducted to ascertain proper operations
of the system. Quick coupling valves, if existing shall be reviewed weekly and operated quarterly to insure proper
operation. Maintenance responsibilities will include cleaning and adjustment of heads, nozzles, installation or
replacement of risers, repair of minor PVC piping breaks or subsurface piping or restricted sprinkler lines,
replacement of damaged valve boxes/lids and adjusbnent of controller and rain shut off switches for settings and
operations. Where required, the Developer shall maintain on site reclaimed water irrigation signage.
SUBSURFACEIRRIGA TION SYSTEMS:
No excavation or mechanical metal edging around plant beds shall be done within the Right-of-way. Mechanical
metal blade edging is pennitted along the back of curbing.
Weekly Service Requirements:
l. A visual inspection of the subsurface irrigation systems shall be performed weekly to detennine if the
systems are functioning normally and if cuts, leaks, piping damage, flooded areas exist, and repair as
necessary. This shan also include review and re-setting of the controller and in-ground moisture sensor
adjustments or other rain sensing devices as needed.
2. System Computer/Controller
a. Operate, adjust, and set controller to provide proper operation of the systems.
b. Diagnose and repair electrical and mechanical malfunctions.
c. Monitor and adjust the system zones moisture levels based upon moisture sensor readings.
d. Operate controller on automatic, manual and single trip operation.
e. Monitor controller standby battery backup and replace as required.
3. Automatic Control Assemblies and Quick Coupling Valves
a. Review control valve assembly and by-pass system for proper settings.
b. Open zone control valve assemblies and quick coupling valve boxes to review valves for leaks;
pressure gauge operation; proper settings and are clean of debris or mulch.
4. Pump Sites
a. Inspect for proper operations.
b. The Developer shall record and provide to the County's representative the well water flowmeter
readings for the two well locations on the General Maintenance Report Sheets.
5. Review system water source connections to include water meters, backflow preventers, gate valve points
of connection and main lines for proper operation.
Monthly Service Requirements:
1. Automatic Control Valve Assembly
Manually operate valves, and clean valve assembly filters
2. Backflow Assembly
Review assembly for proper operation and clean filter as needed
30f5
Agenda Item No. 16F1 C
August 9, 2005
Page 9 of 11
Agenda Item No. 16F1
September 13, 2005
Page 24 of 151
3. Quick Coupling Valves
Review boxes and operate valve
4. Pwnp Sites
a. Once a month, the Developer will trouble shoot each pump station, checking amperage draw and
document the results for future reference,
b. Manually run the system to ensure proper coverage and that no sprinkler head and nozzle are spraying
onto the roadway. Clean and adjust sprinkler heads and nozzles and irrigation shields to ensure proper
coverage.
c. The Developer will check all zone wiring and solenoid conditions through the use of an OHM meter
and docwnent the results for future reference.
d. The Developer will clean the strainers mters and inspect them for wear at the Pump Station.
5. Manually run the system with open flush caps and review sprinkler head indicators located at the end of
zones.
6. Review pressure gauge readings at control valve assemblies for each zone, as well as gauges located at the
end of zones where present to determine the system and porous piping is functioning properly.
7. Check, analyze and adjust flow control devices as required.
Quarterly Service Requirements:
1. Review all subsurface system piping, valve assemblies, wiring. moisture sensors and controllers for overall
operation and provide adjustments as required to assure proper operation and irrigation application.
Conventional Pop-up Irrigation Systems:
Weekly Service Requirements:
1. Each median zone shall be manually turned on at the valve to ascertain proper operation of the system.
2. Repair system for any bloWD-<lffheads, broken lines or leaks around heads or valves.
3. Check the controller and rain sensing devices for proper operation and settings.
4. The Developer shall further adjust all sprinkler heads to ensure that all landscaped areas receive one
hundred percent (100%) irrigation coverage.
5. Within all work areas the Developer shall review the plant material and turf for dry conditions and if found
correct the problem.
Monthly Service Requirements:
1. Manually run the system, clean and adjust sprinkler heads/nozzles and concrete donuts as necessary to
ensure proper coverage and that there are no sprinkler heads/nozzles spraying directly onto the roadway.
a. Each median and side right-or-way zone shall be manually turned on at the valve to ascertain proper
operation of tho system.
b. Repair system for any bloWD-<lffhead, broken lines or leaks around heads or valves.
c. Check the controllers and rain sensors for proper operation and settings.
d. The Developer shall further adjust all sprinkler heads to ensure that all landscaped areas receive one
hundred percent (100%) irrigation coverage.
e. Within all work areas the Developer shall review the plant material and turf for dry conditions and if
found correct the problem.
General Service Requirements for Irrigation Systems:
1. Should South Florida Water Management District or other governing agency establish water restrictions,
the irrigation systems shall be inspected and all other controllers set to the mandated hours of operation
set by the District or Agency. Subsurface systems are exempt from water restrictions.
2. Replace defective heads or nozzles, install or replace defective risers and repair minor breaks or restricted
sprinkler lines.
3. Replace damaged valve boxes/lids if caused by the Maintenance Developer.
4. Inspect, clean, and replace, if necessary, screen/filters within the sprinkler beads.
5. Keep all grass and mulch out of all valve boxes. All valve boxes in sod areas are to be kept at sod level.
All valve boxes in plant beds are to be kept two inches (2') above fmisbed mulch.
4of5
Agenda Item No. 16F1C
August 9, 2005
Page 10 of 11
Agenda Item No. 16F1
September 13, 2005
Page 25 of 151
6. One hundred percent (100%) irrigation coverage shall be maintained within all irrigated landscaped areas
while this Contract is in effect
7. Notification to the County's representative is required when acts of vandalism or accidents have occurred
to the irrigation system. Photos shall be taken and provided to the County's representative at no added
cost.
Miscellaneous Irrigation Maintenance Responsibilities:
1. Should the temperature be forecast to be below thirty-four (34) degrees, the Developer shall be responst"le
for turning the irrigation system offin order to protect plants from possible freeze damage.
2. It shall be the Developer's responsibility to notify the County's representative of any irrigation problems
or additional irrigation maintenance needs.
3. The irrigation service personnel must trouble shoot time clocks, Le. power-in 110 volt and 24-volt1Uses,
24 volts OUlput when necessary.
4. The irrigation services personnel must trouble shoot any pwnp start relay, main fuses and capacitors when
necessary.
L. BRICK PAVERS: All median brick paving shall be pressure cleaned twice per year, in April and November, to
remove marks, gum and other dirt that may be deposited on the surface areas. Upon finding damaged areas, the
developers shall clean-up debris ifpresent, and or flag off the areas with protective barriers andlor high visibility
hazard tape. Damaged areas must be repaired as quickly as possible.
M. PEST CONTROL: Trees, Palms, Shrubs, Groundcovers, and Sod must be closely monitored for pests and diseases
and must be treated appropriately by a licensed Pest Control Operator approved by the County's representative.
50f5
Agenda Item No. 16F1 C
August 9, 2005
Page 11 of 11
Agenda Item No. 16F1
September 13, 2005
Page 26 of 151
APPROVAL OF BUDGET AMENDMENTS
BCC Agenda of August 9, 2005
MSTD General Fund (111)
Budget Amendment #05-484
Oneratin2 Expenses
Fleet Maintenance Costs
$12,000
. Reserves
Reserve for Contingency
($12,000)
Total
-0-
Explanation: Funds are needed for additional Fleet Maintenance costs in Landscape Operations to
fmish out FY05.
Approval of this budget amendment by the County Manager is subject to fonnal ratification by the
Board of County Commissioners. If the decision by the County Manager is not ratified by the Board,
this budget amendment shall not be enforceable against Collier County only to the extent authorized
by law in the absence of such ratification by that Board.
Prepared by: Barbetta Hutchinson, Executive Secretary, OMB
Page 1 of 1
Agenda Item No. 16F1 D
August 9, 2005
Page 1 of 2
Agenda Item No. 16F1
September 13, 2005
Page 27 of 151
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
Meeting Date:
16F1D
Approval of Budget Amendment 05-484.
8/9/20059:0000 AM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
811612005 8: 59 AM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
8/16/2005 4:59 PM
Agenda Item No. 16F1D
August 9, 2005
Page 2 of 2
Agenda Item No. 16F1
September 13, 2005
Page 28 of 151
EXECUTIVE SUMMARY
Recommendation to approve an amendment to work order number PHA-Ff -03-02 assigned
to Pitman-Hartenstein & Associates Inc. to include post design services overseeing
construction of the second segment of the Immokalee Fifth Street Stormwater Improvement
Project (project number 51725) in the amount of $33,763 increasing the total work order
amount from $121,330 to $155,093.
OBJECTIVE: To receive Board approval to amend a work order for the Immokalee Fifth Street
Stormwater Improvement Project to include post design services for construction of the second
phase of improvements along the west side of Fifth Street.
CONSIDERATIONS: This project is a continuation of stormwater improvement efforts along
Fifth Street in Immokalee. The first phase completed in July of 2004 comprised approximately six
hundred feet (600') of drainage pipe and structure installation along the west side of Fifth Street
from Delaware Avenue to Eustis Avenue. The second phase of this project includes installation of
two additional segments of pipe and associated structures, thirteen hundred feet (1,300') along the
north side of Eustis Avenue and two thousand feet (2,000') along the west side of Fifth Street. This
project is the last phase of a neighborhood safety and stormwater improvement project in this area.
The Consultant Pitman-Hartenstein and Associates, Inc., the civil engineering design firm located
in Fort Myers, Florida responsible for completion of the design and specifications for Phase I, was
also approved on May 25, 2004 by the Board of County Commissioners to complete the design and
specification for Phase II.
This work order amendment, a $33,763 increase, is for the addition of post design services by
Pitman-Hartenstein and Associates providing for construction oversight of the second phase of this
Storm water Improvement Project.
Approval of this work order amendment by the County Manager is subject to formal ratification by
the Board of County Commissioners. If the decision by the County Manager is not ratified by the
Board, this work order amendment shall not be enforceable against Collier County only to the
extent authorized by law in the absence of such ratification by that Board.
FISCAL IMPACT: Funds are available within the Stormwater Management CIP Fund (301).
Source of funds is Ad Valorem taxes.
GROWTH MANAGEMENT IMP ACT: Construction of these stormwater management facility
improvements are in accordance with the goal and objectives of the Drainage Sub-element of the
Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners:
(1) Approve amendment no. 3 to work order number PHA-FT-03-02 to Pitman-Hartenstein &
Associates Inc. increasing the total amount by $33,763.00.
Agenda Item No. 16F1E
August 9, 2005
Page 1 of 12
Agenda Item No. 16F1
September 13, 2005
Page 29 of 151
(2) Direct the Board Chairman to execute the amended work order number PHA-FT-03-02 to
Pitman-Hartenstein & Associates Inc.
Prepared By: Gianfranco Nicolaci, Project Manager, Transportation Services Division, Stormwater
Management Department.
Attachments: (1) Executive Summary; (2) Work Order Amendment # 3; (3) Contract Modification
Checklist Form; (4) Scope of Services
Agenda Item No. 16F1E
August9,2005
Page 2 of 12
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16F1
September 13, 2005
Page 30 of 151
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16F1E
Recommendation to approve an amendment to work order number PHA-FT-03-02 assigned
to Pitman-Hartenstein & Associates Inc. to include GEl services overseeing construction of
the second segment of the Immokalee Fifth Street Storm water Improvement Project (project
number 51725) in the amount of $33.763 increasing the total work order amount from
$121.330 to $155,093.
8/9/2005 9:00:00 AM
Approved By
Gerald Kurtz
Transportation Services
Senior Engineer
Date
Stormwater Management
8/2/20056:13 PM
Approved By
Sharon Newman
Transportation Services
Accounting Supervisor
Date
Transportation Administration
8/3/2005 4:38 PM
Approved By
Norm E. Feder, AICP
Transportation Services
Transportation Division Administrator
Date
Approved By
Transportation Services Admin.
8/4/20057:46 AM
Rhonda Rembert
Administrative Services
Contract Specialist
Date
Purchasing
8/4/2006 8:28 AM
Approved By
Pat Lehnhard
Transportation Services
Exec utive Secretary
Date
Transportation Services Admin
8/4/2005 9:24 AM
Approved By
OMB Coordinator
County Manager's Office
Administrative Assistant
Date
Office of Management & Budget
8/4/20054:28 PM
Approved By
Kelsey Ward
Administrative Services
Senior Purchasing and Contracts Agent
Date
Purchasing
8/6/2006 8:41 AM
Approved By
Susan Usher
County Manager's Office
Senior Management/Budget Analyst
Date
Office of Management & Budget
8/10/2005 11 :32 AM
Approved By
Michael Smykowski
County Manager's Office
Management & Budget Director
Date
Office of Management & Budget
8/16/2006 9: 11 AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
8/15/20056:48 PM
Agenda Item No. 16F1E
August 9, 2005
Page 3 of 12
AMENDMENT # 3
WORK ORDER # PHA-FT-03-02
Agenda Item No. 16F1
September 13, 2005
Page 31 of 151
Agreement for Fixed Term Professional Engineering Services
Dated September 24, 2002 (Contract #01-3290)
This Work Order is for Professional Engineering Services for work known as
Immokalee Fifth Street Ditch Proiect
To accomplish necessary surveying. analysis, design and permitting for
enclosing an additional portion of roadside draina~e ditch.
The work is specified in the proposal dated 4/15/05 (survey, design, analysis,
etc.) which is attached hereto and made a part of this Work Order. In accordance
with the Terms and Conditions of the Agreement referenced above, Work Order
#PHA-FT-03-02 is assigned to Pitman-Hartenstein & Associates Tnc.
Scope of '" ork
Design Services
Task 1 Survey
Task 2 Design
Analysis
Task 3 Construction
Plans
Task 4
Environmental
Permitting
Task 5 Project
Management
Task 6 Bidding
Service
Post Design
Services
Task I Pre-
construction
Meeting
Task 2 Respond to
RAI's
Task 3 Shop
Drawings review
Task 4 Site
Observations
Task 5 Meetings
Task 6 Contractor
pay request review
Task 7 Record
Drawings
Task 8 SFWMD
Certification
Total Cost
Orig. Amend. 1 Amend. 2 Amend. 3 Total IncI.
Amend.
Cost Cost Cost Cost 1 &2 &3
$27,350 N/A $14,360LS N/A $41,710
$ 3,040 N/A $ 4,ODOLS N/A $ 7,040
$ 7,320 N/A $29,880LS N/A $37,200
$ 3,400 N/A $ 8,OOOLS N/A $11 ,400
$ 4,200 N/A S 5,200LS N/A $ 9,400
$ 600 N/A $ 800LS N/A $ 1,400
N/A $ 600 LS N/A $ 618 LS $ 1,218
N/A $ 1,000 T&M N/A $ 1.236 LS $ 2,236
N/A $ 800 T&M N/A $ 3.296 LS $ 4.096
N/A $ 6,280 T&M N/A $ 18,540 T&.M $ 24,820
N/A $ 1,780 T&M N/A $ 1.833 T&M $ 3,613
N/A N/A N/A $ 4,120 LS $ 4,120
N/A $ 1,720 T&M N/A $ 2,884 T&M $ 4.604
N/A $ 1,000 LS N/A $ 1,236 LS $ 2,236
$45,910 $13,180 $62,240 $33,763 $155,093
Page 1 of2 Agenda Item No. 16F1E
August 9, 2005
Page 4 of 12
Schedule of Work: A~ "itional Design Services to be cOF'11eted wi~mdJ;l401ll!1~s16F1
from receipt of the No.....::e to Proceed authorizing start ol-Aork. sePt~~~:r3~ ~f~g~
Compensation: In accordance with Article Five of tbe Agreement, the County
will compensate the Firm in accordance with the established hourly rate(s) as
enumerated in Schedule "A" of the Agreement.
Any change within monetary authority of this Work Order made subsequent to
final department approval will be considered an additional service and charged
according to Schedule" A" of the Agreement.
PREPARED BY: (~/<...W~j ;H'iJS:)fn/l7f'
Dereck Moorley, Project Manager Date
StorAwate~ Management Section/Road Maintenance Department
REVIEWED BY: jtj,..~J~},YJf ~. 5/10/0 ~)
Gerald N. Kurtz, F.E., Pr Gipa:PProject Manager . Date
Storm~na~9Rent Section/Road Maimenance Department . e---
REVIEWED BY;..--7~ ~ ~/aL
,/ J#~tdo Meta, P.E., Stonnwater Director Date
/ /-1':.<;torrnwater Management SectionlRoad Maintenance Department
REVlEW~Y~" 1ft, G..Ji11; $ 17.7! 0 S-
/ Stephen Y Cami!, Director Date
.. purc~a ., Depa t~ent
O'APPROVED BY: . r 1<.
Norma Feder, A.l.C.P., Administrator
Transp rtation Services
--~~}>/
b~te
ATTEST:
Dwight E. Brock, Clerk
BOARD COUNTY COMMISSIONERS
Collier County, Florida
By:
Deputy Clerk
By:_
FrEd Coyle, Chairman
Date:
ACCEPTED:
Pit - -{arten~tein & Associa
./"
J
d~
By:
B:
Alan Hartenstein. Exec. Vice Pres.
(Prin Name/Title)
Approve
Legal Su
Page 20f2
Agenda Item No. 16F1E
August 9, 2005
Page 5 of 12
..
'"
.________.Agaoda
September 13, 2005
This item wiD be approved by the County Manager at the August 9, 2005 BeC in absentia meeting. FI!i~~f 151
ratified by the BCC at the September 13, 2005 meeting.
"
Date: August 3, 2005
E-Mailed To Bonnie:
Project Name:
Immokalee Fifth Street Drainage Improvements (phase II)
Project Number:
517252
BIDIRFP #:
01-3290
Mod#:
3
PO#:
4500011412
Work Order Number:
PHA-FT-03-02
Contractor/Consultant:
Pitman-Hartenstein & Associates, Inc.
Original Contract Amount:
$ 45.910.00
(Starting Point)
Current Bce Approved Amount:
$ 121.330.00
(Last T ota! Amount Approved by the BCC)
Current Contract Amount
$ 121.330.00
(Including All Changes Prior To This Modification)
Change Amount:
$ 33.763.00
Revised ContractIWork Order Amount: $ 155.093.00
(Including This Change Order)
Cumulative Dollar Value of Changes to this ContractIWork Order: $ 109.183.00
Percentage Of The Change OverlUnder Current Contract Amount:
27.83
%
Overview of cbange:,~:rr add funds necessary to perfo'Y)! ~ost dCllign services. .
eo.-Speciww(frl~~ ~~
Scanned Date: -? /-~ I 0 S-
f I
Data Entry Infonnation:
Type of Change: Change to Work Order
Project Manager: Dereck Moorley/Jerry Kurtz
Department: Stormwater
Change Category Type, Circle One Below:
1. Planned or Elective
2. Unforeseen Conditions
3. Quantity Adjustments
4. Correction of Errors
(5. Value Added)
6. Schedule Adjustments
Scanned copies of the back up documentation may be located on the Purchasing G drive:
Revised 7/11/05
Agenda Item No. 16F1 E
Au ust 9 2005
Page 6 of 12
G:lCurrem-Clumges to Contracts
G:/ CurrenJ - Changes to Work Orders
Revised 7/11/05
AgendaJ1em..N.o.....16E:1
September 13, 2005
Page 34 of 151
co :AACTlWORKORDER MGDfFJCI! ,)N
"..J CHEGKUS:tFORM'v
Agenda Item No. J 6F1
September 13, 2005
Page 35 of 151
PROJECT NAME: Imnl6kalee Fifth Street Drainage Improvements (Phase III PROJECT#: 517252
BIDIRFP #:61-3290 PO#: 460.9981129'. WGRK ORDER #: .F!HA..FT..03..Q2
~$"GojlrIL
DE.PAflTMENT: Stor.mwater
MOD #3
Ori.gilial Contl;actAmount:
$ 45.910.00
(Starting Point)
Current BeC Approved Amount:
$ 1~1.330.000
(Last Total Amount Approved by the Bee)
Current Contract Amount:
$ 121..330~OO
(Inchiding AU Changes Prior To This Modification)
Clmnge"Amount:
$ 33.763.00
$ 155~093.00
(Including This Change Order)
Revised ContractIWork.Otder Amount:
Cumulative DoHaiV alue of Changes to tbisContract/Work Order: $ 109.183.00
Date of La$tBCC Approval 05..25~04
Agenda Item # 16.B.1
Percentageofthechange over/under current contract amount ~6% 27 .ff;:
Formula: O(CurrentAmountl Last BGe apPfovedamount)-1 .. ..' .... '. ". .... .'. '.. . ." ..'
Results and Actions: If the changeexceeGs< 10% BCC approval Is required; under 10% reporteiit1?':.SG'Q on
Purchasing report. For specific Information regarding work order thresholds, please refer tolne-'Cbritract
Administration Procedures, Section III:CA.
CURRENT COMPLETION DATE (S):OFtIGINAL:412'5I.a5 CU.ARENT: 9/12105
SUMMARY OF PRa~(!)SE[)CHANGE (S): Identify the changes. An additionaL$33.763is necessary to forposf
design services to be included.
JUSTIFICATION ,FOR CHANGE (S): What value or benefit do these changes provide to thepFOject?
This changeordeds necessary to effectively complete the pmiect.
P ARTlESCON'TACTEDREGARDJNGTtfECHANGE: Stotmwater Management Department Director. and Pitman
Hartenstein & Assoc., Inc.
Revised4/25/2QQ5
Agenda Item No. 16F1 E
August9,2005
Page 8 of 12
. . . _ Ag~IJ.Qfl...ltem No. 16F1
.; IMPCEMENTATlON s~eps (Vert, "',ach before pr~~~i.ng,~~th chang _ sing V, N ~~lM1ber 13, 2005 "
-L_Propos~!i.chan,ge7'ls conslstentwlth the scope~iUht'_*g agreement Page 36 of 151
-Y-~'PtQ. " .' '''''';'11''1& Irflactap~ttm'Qf;;. . n .tothfitexi$
- y Oha' . :HlI'1g implem~ntea'in "~..A':'" . ' . , .
Y The' appropriate pa~i~Jii\tii.roonsuft '. .'...... .. '. gs
-Y- Proposed prices,. fees a'fitd costs_t forth .jn,theohangeat'e reuon~ble
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Die:
APPROVE BY: , .~
Revised 4/25/2005
Agenda Item No. 16F1 E
August 9, 2005
Page 9 of 12
Agenda Item No. 16F1
September 13, 2005
Page 37 of 151
SCOPE OF SERVICES
Post Design Services
Immokalee Fifth Street
Ditch Project - Phase II
Collier County Storm water Manaqement Section
Transportation Road Maintenance Department
l. PROJECT DESCRIPTION
The proposed project includes the installation of drainage pipes and ditch bottom inlets on the west side of
Fifth Street and the north side of Eustis Avenue to replace the existing ditches and old corrugated metal
storm piping. The project is part of a neighborhood safety and stormwater improvement project.
11. INTENT
The County desires to assure that the planned improvements are constructed in conformance with the approved
plans and specifications. The County desires that the Consultant, through limited construction assistance
services, endeavors to provide protection for the County against defects and deficiencies in the work of the
Contractor. However, the furnishing of these services during construction does not guarantee the work of the
Contractor, or the performance of the Contractor.
Ill. ELEMENTS PROVIDED BY THE CONSULTANT
The Consultant shall perform the following tasks:
1. Attend Pre-Construction meeting to provide responses to technical questions. Prepare minutes of
meeting.
2. Respond to Contractor requests for additional information. Assume a maximum of three (3) requests
for additional information.
3. Perform review of shop drawings, including review of the structural drawings for the proposed retaining
wall provided by the Contractor.
4. Perform site visits to observe the construction for compliance with the plans and specifications. Site
visits will be scheduled prior to and coordinated with on-site project progress meetings where practical.
This scope of services assumes three (3) site visits per week at two (2) hours on-site each, for a
maximum of 48 site visits (16 week anticipated construction time). If the construction time exceeds
sixteen (16) weeks, or if the County desires, additional site observation can be provided as additional
services to the contract.
5. Attend four (4) project meetings as requested.
6. Review Contractor requests for payment. Assume one (1) pay request per month for five (5) months.
7. Provide Record Drawings (2 sets of 24"x36" prints with AutocAD files), based on the as-built survey
supplied by the Contractor and information obtained by site observation or provided by the County.
8. Prepare and submit certification of completion to the South Florida Water Management District in
accordance with the project's Environmental Resource Permit.
Pitman-Hartenstein & Associates, Inc.
C:\Documents and SettingslDereckMoorley\Local SeUings\Temporary Intemet Files\OLK138\const scope.doc
Agenda Item No. 16F1 E
August 9, 2005
Page 10 of 12
-
IV. RESPONSIBILITIES OF THE COUNTY
Agenda Item No. 16F1
September 13, 2005
Page 38 of 151
The following items are not included in this scope of services and are assumed to be the responsibility of Collier
County, if required.
1. Conduct Pre-Construction meeting.
2. Geotechnical testing services and materials testing.
3. Construction management and/or full time construction engineering and inspection. The Consullantis
not responsible for Maintenance of Traffic compliance, NPDES or SFWMD permit compliance, or for
Contractor Safety.
4. Provide as-built drawings (compiled from site observations and from Contractor's as-builts) to
Consultant for preparation of record drawings.
5. Preparation of Utility as-built drawings, or permit certifications associated with utility adjustments
necessitated by the proposed project.
V. PROVISIONS OF WORK
The Consultant shall furnish two (2) sets of Record Drawings (24"x36") with cADD files (AutoCAD format).
Project documentation will be provided to the county in written and/or computer format as appropriate
throughout the project.
VI. COMPENSATION
Task
Fee
1 .
2.
3.
4.
5.
6.
7.
8.
Pre-construction meeting
Respond to requests for additional info.
Shop drawings review
Site Observations
Meetings
Contractor pay request review
Record Drawings
SFWMD certification
$ 618.00
$ 1,236.00
$ 3,296.00
$ 18.540.00
$ 1.833.40
$ 4,120.00
$ 2,884.00
$ 1236.00
TOTAL
$ 33.763.40
LS or NTE
L.S.
L.S.
L.S.
N.T.E.
N.T.E.
L.S.
L.S.
L.S.
See attached sheet for breakdown of fee and manhours by task. All tasks with related fees are eligible for work
in progress payments.
Pitman-Hartenstein & Associates. Inc.
C:\Documenls and Seltings\DereckMoorJey\Local Setlings\Temporary Internet Files\OLK13B\const scope.doc
Agenda Item No. 16F1 E
August 9, 2005
Page 11 of 12
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Agenda Item No. 16F1
September 13, 2005
Page 40 of 151
EXECUTIVE SUMMARY
Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board-
Approved Contracts
OBJECTIVE: To enable the Board to oversee the execution of administrative change orders
and changes to work. orders, and promote accountability in the use of staff authority.
CONSIDERATIONS: On April 22, 2003, the Board approved a recommendation to implement
a plan to enable changes to BCC-approved contracts (Section XIV. C, Collier County
Purchasing Policy) of not greater than 10 percent of the current Board approved amount or
$10,000 (whichever is greater) to be authorized by staff. Also included in the report are changes
to Work Orders. These include work orders issued under CCNA Contracts, which are less than
or equal to $90,000 (Section VII.C, Collier County Purchasing Policy), and changes to work
orders for all other contracts (Section XIV. G, Collier County Purchasing Policy) which are not
greater than 10 percent of the current Board Approved amount or $100,000 whichever is
greater. The Administrative report identifies the percentage changes, to contracts or work.
orders, that have occurred since the prior BCC approved amount, which are below the threshold
limits as referenced above.
The plan calls for staff to submit a monthly report listing these change orders from the previous
reporting period. Enclosed is the monthly report of the Administrative Change Order and
Administrative Changes to Work Order Reports. These reports cover period July 1, 2005
through July 29, 2005.
Approval of the reports by the County Manager is subject to formal ratification by the Board of
County Commissioners. If the decision by the County Manager is not ratified by the Board,
these reports shall not be enforceable against Collier County only to the extent authorized by
law in the absence of such ratification by the Board.
FISCAL IMPACT: There is no fiscal impact resulting from this action.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with
this action.
RECOMMENDATION: That the Board of County Commissioners accepts the enclosed
Administrative Change Order and Administrative Changes to Work Orders Report and ratifies
the listed change orders and changes to work orders
PREPARED BY: Brenda Reaves, Contract Technician, Purchasing Department
Agenda Item No. 16F1 F
August 9, 2005
Page 1 of 48
Agenda Item No. 16F1
September 13, 2005
Page 41 of 151
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16F1F
Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board-
Approved Contracts.
Item Summary:
Meeting Date:
8/9/20059:00:00 AM
Approved By
Kelsey Ward
Senior Purchasing and Contracts Agent
Date
Administrative Services
Purchasing
8/4/2005 1 :40 PM
Approved By
Len Golden Price
Administrative Services Administrator
Date
Administrative Services
Administrative Services Admin.
8/5/2005 8:49 AM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
8/5/2005 1 :53 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
8116/200510:11 AM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
8116/20057:41 PM
Agenda Item No. 16F1F
August 9, 2005
Page 2 of 48
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Agenda Item No. 16F1
September 13, 20~
Page 49 of 111
GQNt~CT"'()DIFICAnON
OHECKUST'f'QRM
PROJEct"N~Et'NGWRi=~ans!onto 24.1 MGD..,. Uquid:$tream PRO..JE:G1T' #: 739501
BIMlPPJ#;Q2",a418{M$D#:7..o1: :.OIJN'fOFliHIS ,CHANGE:$t1~4OP~OQ
PQfI:' 4;5ga4l12: .:w~gtd"*,N/A
"''''.>--.".. .'. .... . .... .',.' . ;.~...,:; "
C$N'tRA'G~'AM~NT:'0'RIG'NAL $ 24;861,000.00 CURRENT $ 25,910;$42.90
, . {STARTINGPOfNT) "(INCWDING!1lfIS CtWIGE~
'LastSec'iyJprovei1Amount'$:2~M361;OOO.O()
_ . ".., tl;ASTTOTAL AMt.REQUIRING8CC APPROYAl.,
'~~Of L_i,eCIi_pr.oyal~Hda.:(tem "#:1?/1W02
~.latly&,4)q'IIar"V".6fQ1.ftlI".;Ot....,to.thl. ContractJWork Grder:$.1.049i942;'OO
c. "
,p.r~pta,ge.Of;tb&'Chahg.over/under current contract amount 4.22-k
FoJtriY!a:(~{t(!~ji.:;~~\J~t.1~~s.~~Cp 'sppteved,amourrt)-1
R.E!$q'~ !lI~~qtiOl]S~li~ltf!~ q~.afl9ca>~)(Ce~d$ 1.(t!tk apca~prov~l isrequired.;l1I1der 1:go~report~to_C po
P~tPla;, .~por;t 'Fqf'sp"$'cificihifOlTl1atiOnl'Elgamin~ wotkordet thres~l.ds,:~ tefEir to f:hecOOfi~ct
',Aditiiois" .. :.tocedu~~;"~ia~MII:C.4 ;.
~~. ..,-.. . .-:"!"'.. ~. .. . - . ... . ....c:...,
,cuttRENT
StJ8S:TAtf ..' :
PfUjJE€~:EIN~:
RIE'BON'D41'E:,(S):
"'QR!GINAL: ~1'6105
ORI~/4.: . 61Q4105
CURfJENt: . a'23/~5
CURRENT: 6/14/05
S"MM#RY.OFPF.tOPbSEOt;HANGE(S): Materials and Aabor to remove an ,eXisting 30" go-degree bend
~.t@ins.qlfnn.~ts;pta~<a'j3Q!':t~ej3Q.butterfly valve and associated restrainedJoint.m~a"'t1g" fittings.
.. . ,". '-..', -. .
. ,
. ..
JUSihlifGA,'t'Otll,'FOR"co Gr;;,f$):.. The:teeandvalve were requested by NCW8,FR.lant Qpe~tions s~ff
tq prOYI~e~ddifkjn~kfie. . ',"'::lpr?4~if1g effIueiit f!ow(rom theplant~five :chlorine-'eor.rtaot tanks 1p EfflY~nt
PonG' NO,. g~ .'A$"o~es'gJi:~(f~fjQ. 'Under normal operation,aU .plant effJuent :meeting ,reusestanctardsfr~m
Chioijne:?entact:t~~ks;~ps': ..1;l2.3,4and5willbe automatically routedthrcll:Jgh,fqenewReoraimed water
€ontrolStJ'tJc:ture{RWGS}to'Effluent Pond No.3; The added connection provided through tlilscba.nge
o~~ritemgiyes the 'pfanta.dd~f1e)(ibility to route plant effluent to Effluent:Pond No.3 during construction
m~d!Jiccd,qns.fotri.s;~~~nd:~lIOWS .the plantthefong~termop1ionof man[Jafly~tiA9 '~fftLter\ttoPond.. No.
.~if itwer~'neces~ .tobypclss'tnElReClaimed W.ater Control Structure for maintenance. As s~9t.1~ 1~is
CMQg~9rd~r~~tn:is;;at;r addeqfyEJJueehftanoement..to.iplant operational :reliability. .
Revised9f14!04
". . ". .'. .
"':-'~.~~~t~V~~~~~:::*~~?~.~......"
Agenda Item No. 16F1F
....,..:s.._.""........tu~u~t ~, 20Q;5 _"'~1.~
. <:
Agenda Item No. 161t
September 13, 2 "'-
Page 50 of 1
CONTRACT MODIFICATION
CHECKLIST FORM
PROJECT NAME: NCWRF Expansion to 24.1 MGD - Liquid Stream
PROJECT #: 739501
BID/~FP #: 02-3418 MOD #: 7..Q2 AMOUNT OF THIS CHANGE $3.732.00
PO #: 4500004112 Work Order #: N/A
CONTRACT AMOUNT: ORIGINAL $ 24,861,000.00 CURRENT $ 25,914,674.00 /
(STARTING POINT) (INCLUDING THIS CHANGE ORDER)
last Bee Approved Amount $ 24,861.000.00
(LAST TOTAL. AUT. REQUIRING acc APPROVAL.)
Date.of last Bee Approval Agenda Item # 12/17/02
Cumulative Dollar Value of Change Orders to this ContractlWork Order: $ 1,053,674.00
Percentage of the change over/under current contract amount 4.24%
Formula: (Current Amount 1 Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on
Purchasing report. For specific information regarding work order thresholds, please refer to the Contract
Administration Procedures, Section IILCA
CURRENT COMPLETION DATE (8):
SUBSTANTiAl: ORIGINAl: 3/16/05
PROJECT FINAL: ORIGINAl: 6/14/05
CURRENT: 3/23/05
CURRENT: 6/14/05
SUMMARY OF PROPOSED CHANGE (5): Materials and labor to install a 12" isolation valve on the RAS
discharge piping to Aeration Basin No.4.
JUSTIFICATION FOR CHANGE (8): The 12" valve was required in order to isolate a segment of the
existing RAS piping at Aeration Basin No.4. It was necessary to isolate this segment of RAS piping in
order to contract work in which existing RAS piping was connected to new RAS piping to loop the return
sludge piping between Sludge Pump Station No.4, new Aeration Basins 5 and 6, and existing Aeration
Basin No.4. The isolation valve was inadvertently omitted from the Contract Documents. Had this item
been discovered during the design period, it would have been incorporated into bidding documents and the
additional costs included in this change item would have been included in a higher lump-sum bid price for
the overall project.
Revised 9/14/04
Agenda Item No. 16F1F
August9,2005
Page 11 of 48
Agenda Item No. 16F 1., I
September 13, 200S'1- P
PageS10f151
CONTRACT MODIFICA nON
CHECKLIST FORM
PROJECT NAME: NCWRF Expansion to 24.1 MGD - Liquid Stream
PROJECT #: 739501
BIDJRFP #: 02-3418 MOD #: 7-03 AMOUNT OF THIS CHANGE $11,615.00
PO #: 4500004112 Work Order #: N/A
CONTRACT AMOUNT: ORIGINAL $ 24,861,000.00 CURRENT $ 25,926,289.00
(STARTING POINT) (INCLUDING THIS CHANGE ORDER)
Last BCe Approved Amount $ 24,861,000.00
(LAST TOTAL AMT. REQUIRING BCC APPROVAl)
Date o.f Last BeC Approval Agenda Item # 12/17/02
Cumulative Dollar Value of Change Orders to this ContractlWork Order: $ 1,065,289.00
. .
Percentage of the change over/under current contract amount 4.28%
Formula: (Current Amount/ Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on
Purchasing report. For specific information regarding work order thresholds, please refer to the Contract
Administration Procedures, Section III.C.4
CURRENT COMPLETION DATE (S):
SUBSTANTIAL: ORIGINAL: 3/16/05
PROJECT FINAL: ORIGINAL: 6/14/05
CURRENT: 3/23/05
CURRENT: 6/14/05
SUMMARY OF PROPOSED CHANGE (S): Materials and labor to construct access sidewalks between
asphalt roads and stairway landings at various structures throughout the MLE facility.
JUSTIFICATION FOR CHANGE (5): These areas are currently fine-graded and surfaced with grass sod or
gravel. The sidewalks have been requested by County NCWRF plant staff to provide a more uniform
walking surface for plant personnel. As such, this item is provided as an added-value enhancement to plant
safety.
Revised 9/14/04
Agenda Item No. 16F1 F
August 9, 2005
Page 12 of 48
Agenda Item No. 16F~
September 13. 200 .e.......
Page 52 of 15
CONTRACT MODIFICATION
CHECKLIST FORM
PROJECT NAME: NCWRF Expansion to 24.1 MGD - liquid Stream
PROJECT #: 739501
BID/RFP #: 02-3418 MOD #: 7-04 AMOUNT OF THIS CHANGE $55,601.00
PO #: 4500004112 Work Order #: NlA
CONTRACT AMOUNT: ORIGINAL $ 24,861,000.00 CURRENT $ 25,981,890.00
(STARTING POINT) (INCLUDING THIS CHANGE ORDER)
Last BCC Approved Amount $ 24,861,000.00
(LAST TOTAL AMT. REQUIRING sec APPROVAL)
Date of Last BCC Approval Agenda Item # 12/17/02
Cumulative Dollar Value of Change Orders to this ContractlWork Order: $ 1,120,890.00
Percentage of the change over/under current contract amount 4.51 %
Formula: (Current Amount I Last BCC approved amount)-1
Results and Action"s: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on
Purchasing report. For specific information regarding work order thresholds, please refer to the Contract
Administration Procedures, Section III.CA
CURRENT COMPLETION DATE (8):
SUBSTANTIAL: ORIGINAL: 3/16/05
PROJECT FINAL: ORIGINAL: 6/14/05
CURRENT: 3123/05
CURRENT: 6/14/05
SUMMARY OF PROPOSED CHANGE (5): Materials and labor to purchase and install an 8-inch diameter
piping interconnect between the 24-inch reuse piping east of the NCWRF plant (in Veterans Park) and the
existing NCWRF plant-service water piping loop. The work included ductile iron piping, fittings, isolation
valves and a backftow preventer.
JUSTIFICATION FOR CHANGE (8): The existing plant service water system is supplied by two Plant
Water Pumps that draw plant effluent from Chlorine Contact Tanks Nos. 1 and 2. The amount of effluent
that can be delivered to the plant service water system is directly proportional to the amount of raw
wastewater entering the plant for treatment at any given time. Plant service water is used extensively
throughout the existing plant and portions of the plant expanded under this contract. Examples of uses
include supply of seal water to process pumps, make-up water to odor control systems, wash water for
sludge dewatering belt presses, and wash down of process areas. From 10:00 p.m. to 6:00 a.m., low
wastewater flow results in lower amounts of plant effluent available to supply the plant service water piping
system. In order to eliminate the dependency of the plant service water system on incoming wastewater
flow patterns. the County requested that the existing plant service water piping loop be interconnected to
the reuse water piping system. Since the reuse water piping system pumps from large effluent storage
ponds, its supply is not limited by daily wastewater flow patterns. This item is an added-value improvement
to the operability and reliability of the existing plant service water system that serves existing and new
facifities.
Revised 9/14/04
Agenda Item No. 16F1F
August 9, 2005
Page 13 of 48
Agenda Item No. 16Ft:! ~
September 13, 20
Page 53 of 1 1
CONTRACT MODIFICATION
CHECKLIST FORM
PROJECT NAME: NCWRF Expansion to 24.1 MGD - Liquid Stream
PROJECT #:. 739501
BID/RFP #: 02-3418 MOD #: 7-05 AMOUNT OF THIS CHANGE $1,247.00
PO #: 4500004112 Work Order #: N1A
CONTRACT AMOUNT: ORIGINAL $ 24,861,000.00 CURRENT $ 25,983,137.00
(STARTING POINT) (INCLUDING THIS CHANGE ORDER)
Last BCe Approved Amount $ 24,861,000.00
(LAST TOTAL AMT. REQUIRING BeC APPROVAL)
Date of Last BCC Approval Agenda Item # 12/17/02
Cumulative Dollar Value of Change Orders to this ContractfWork Order: $ 1,122,137.00
Percentage of the change over/under current contract amount 4.51%
Fonnula: (Current Amount / Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCe on
Purchasing report. For specific infonnation regarding work order thresholds, please refer to the Contract
Administration Procedures, Section III.C.4
CURRENT COMPLETION DATE (5):
SUBSTANTIAL: ORIGINAL: 3/16/05
PROJECT FINAL: ORIGINAL: 6/14/05
CURRENT; 3/23/05
CURRENT; 6/14/05
SUMMARY OF PROPOSED CHANGE (5): Materials and labor to relocate sample pumps in Chlorine
Contact Basins 3, 4 and 5.
JUSTIFICATION FOR CHANGE (5): After leaving the Effluent Filters 3,4 and 5, filtered effluent then flows
by gravity to Chlorine Contact Basins 3, 4 and 5, respectively. Filter effluent flows through each chlorine
contact basin around baffle walls in a three-pass, serpentine pattern. Sample pumps in Chlorine Contact
Basins 3, 4 and 5 were designed under this project to draw chlorinated effluent from a point within each
chlorine contact basin at the end of the first of the three passes. After startup of Chlorine Contact Basins 3,
4 and 5, NCWRF Operations requested that the sample location be moved to the end of the third pass in
each contact basin to improve control of chlorine residual within the basins. As such, this change item is an
added-value Improvement to plant operations and control.
Revised 9/14/04
Agenda Item No. 16F1 F
August9,2005
Page 14 of 48
'.
Agenda Item No. 11. 1 n
September 13, 1 &-'-
Page 54 of 51
CONTRACT MODIFICATION
CHECKLIST FORM
PROJECT NAME: NCWRF Expansion to 24,1 MGD - Liquid Stream
PROJECT #: 739501
BID/RFP #: 02-3418 MOD #: 7-08 AMOUNT OF THIS CHANGE $6,009.00
PO #: 4500004112 Work Order #: NlA
CONTRACT AMOUNT: ORIGINAL $ 24.861,000.00 CURRENT $ 25,989,148.00
(STARl1NG POINT) (INCLUDING THIS CHANGE ORDER)
Last Bee Approved Amount $ 24,861,000.00
(LAST TOTAL AMT. REQUIRING Bce APPROVAL)
Date of Last BCC Approval Agenda Item # 12/17/02
Cumulative Dollar Value of Change Orders to this ContractlWork Order: $ 1,128,146.00
Percentage of the change over/under current contract amount 4.54%
Formula: (Current Amount I Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on
Purchasing report. For specific information regarding work order thresholds, please refer to the Contract
Administration Procedures, Section III.C.4
CURRENT COMPLETION DATE (8):
SUBSTANTIAL: ORIGINAL: 3/16/05
PROJECT FINAL: ORIGINAL: 6/14105
CURRENT: 3/23/05
CURRENT: 6/14/05
SUMMARY OF PROPOSED CHANGE (5): Labor to raise the top elevations of adjustable weir plates at
Effluent Filters 4A-4D and SA-50.
JU5TJFICA nON FOR CHANGE (5): Each of Filters 4A-4D and SA-50 are equipped with adjustable weir
plates at their point of discharge. During initial startup and operation, it was determined that the water level
in Filters 4A-4D and SA-50 was too low and did not allow for submergence and proper operation of the
skimming mechanism of each traveling bridge filter unit. The adjustabre weirs were raised 4 inches to
provide a higher water level within each filter and allow the skimming mechanism to work properly.
Revised 9/14/04
Agenda Item No. 16F1 F
August 9, 2005
Page 15 of 48
Agenda Item No. 166J i
September 13, 200
Page 55 of ~
CONTRACT MODIFICA liON
CHECKLIST FORM
PROJECT NAME: NCWRF Expansion to 24.1 MGD - Liquid Stream
PROJECT #: 739501
BID/RFP #: 02-3418 MOD #: 7-07 AMOUNT OF THIS CHANGE $0.00
PO #: 4500004112 Work Order #: N/ A
CONTRACT AMOUNT: ORIGINAL $ 24,861,000.00 CURRENT $ 25,989,146.00
(STARTING POINT) (INCLUDING THIS CHANGE ORDER)
Last BeC Approved Amount $ 24,861,000.00
(LAST TOTAL AMT. REQUIRING BeC APPROVAL)
Date of Last BCC Approval Agenda Item # 12/17/02
Cumulative Dollar Value of Change Orders to this ContractlWork Order: $ 1,128,146.00
Percentage of the change over/under current contract amount 4.54%
Formula: (Current Amount / Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on
Purchasing report. For specific information regarding work order thresholds, please refer to the Contract
Administration Procedures, Section IIl.eA
CURRENT COMPLETION DATE (S):
SUBSTANTIAL: ORIGINAL: 3/16/05
PROJECT FINAL: ORIGINAL: 6/14/05
CURRENT: 5/5/05'
CURRENT: 8/23/05
SUMMARY OF PROPOSED CHANGE (S): No-cost item to provide the following contract time extensions:
1. A 43 calendar day time extension to current contract substantial completion date of March 23, 2005.
The new contract substantial completion date as a result of this item is May 5, 2005.
2. A 70 calendar day time extension to the current contract final completion date of June 14, 2005.
The new contract final completion date as a result of this item is August 23, 2005.
JUSTIFICATION FOR CHANGE (S): The previous contract substantial and final completion dates were
delayed due to the reasons listed below. The reasons are numbered to match item numbers under
"Summary of Proposed Changes".
1. Contract work on the schedule's critical path for substantial completion was delayed by modifications
to the sequence of work for effluent piping connections to required to prevent extended duration in
which Effluent Pond No. 3 would be removed from service. Specifically, the sequence was revised
to install an interconnect between existing reuse piping and plant service water piping prior to
starting with the base contract work of making a piping interconnect between Chlorine Contact Basin
Nos. 1 and 2 effluent piping with proposed effluent piping.
2. Contract work on the schedule's critical path for final completion, Le. - construction of the new
Reclaimed Water Screening Structure, was delayed in order to relocate an existing FP&L primary
electrical power feed to the existing Reuse Pump Station. Available record drawings f rom a
previous project showed the FP&L power feed to be outside the limits of construction of t he
Agenda Item No. 16F1F
August9,2005
Page 16 of 48
Revised 9/14/04
:-
Agenda Item No. 1 ~~1
September 13,2. 0
Page 56 of 5
Reclaimed Water Control Structure (RWSS). When excavating for RWSS construction. it was
detennined that FP&L had routed the power feed through the proposed construction area by
directional drilling.
The Contractor has submitted a time extension request along with the supporting information required by
Specification Section 01300 (narrative of impact. updated CPM schedule). The Engineer has reviewed the
request and supporting documentation and confirms that the request for time extension is valid in
accordance with the scneduling provisions of the Contract Documents.
Additional costs associated with item 1 above are addressed in Contract Change Order Item No. 7-04.
Additional costs associated with item 2 above are addressed under the Contract's Allowance Account as an
unforeseen condition.
PARTIES CONTACTED REGARDING THE CHANGE: Project Delivery Team (i.e. - NCWRF Plant Staff,
County Project Manager, Engineer. Contractor)
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or NfA)
t Proposed change is consistent with the scope of the existing agreement
Proposed change is in fact an addition or deletion to the existing scope
Change Is being Implemented In a manner consistent with tI1. ~sting agreement
The appropriate parties have been consulted regarding the change
~ Proposed prices, fees and costs set forth In the change are reasonable -
CONSULTING~ e.. INEMMENOAnON:
RECOMMEND: _ Date: b..'1..~"'O)
DO NOT RECOM END: Date:
PROJECTMANA~~~OMM2~~n9~~~.
RECOMMEND: ~ /~
DO NOT RECOMM NO:
Date
~t('
Date
CONTRACT SPECIA IS
RECOMMEND:
DO NOT RECOMME
Date; c'/;21 JoS
COMMENTS
Revised 9114/04
Agenda Item No. 16F1 F
August 9,2005
Page 17 of 48
CONTRACTIWORK ORDER MODIFICATION
~' J. CHECKLIST FORM
PROJECT NAME: Gt-r~~ ~r (l(.A.) {JIf~E.. PROJECT #:
BtD/RFP #: 03-3559 MOD #: 2 _pot: 4500031465 WORK ORDER #: N/A
Agenda Item No. 1~.. .. 1
September 13, 5
Page 57 0 151
DEPARTMENT: Transportation
Original Contract Amount:
$ 99.976
(Starting Point)
Current BCC Approved Amount:
$ 99.976
(Last Total Amount Approved by the BCC)
Current Contract Amount:
$ 101.196
(Including All Changes Prior To This Modification)
$_~ eJL-
$ 101.6
(Including This Change Order)
Cumulative Dollar Value of Changes to this Contract/Work Order: $ /0--)
Change Amount:
Revised Contra~ork Order Amount:
-..--...-.-'"
Date of Last BCC Approval
2/24/04
Agenda Item # 16B4
Percentage of the change over/under current contract amount 0 %
Formula: (Current Amount 1 Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on
Purchasing report. For specific information regarding work order thresholds, please refer to the Contract
Administration Procedures, Section III.CA.
CURRENT COMPLETION DATE (S):ORIGINAL: 2/24/05
CURRENT: 10/31/05
SUMMARY OF PROPOSED CHANGE (S): Identify the changes.
Extension of contract time
JUSTIFICATION FOR CHANGE (5): What value or benefit do these changes provide to the project?
MPO staff experienced delay in data collection efforts (contributing to project) that make change necessary.
PARTIES CONTACTED REGARDING THE CHANGE: Mr. Norman Feder. Administrator
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or NJA)
l Proposed change is consistent with the scope of the existing agreement
..lL Proposed change is in fact an addition or deletion to the existing scope
-LChange is being implemented in a manner consistent with the existing agreement
l The appropriate parties have been consulted regarding the change
NIA Proposed prices. fees and costs set forth in the change are reasonable
APPROVE BY:
Pr 'e
REVIEWED BY: '
Revised 4/25/20 5
ENDATION: This form is to be signed and dated.
Date:
Agenda Item No. 16F1 F
August 9, 2005
Page 18 of 48
Date:
CONTRACTIWORK ORDER MODIFICA11ON
CHECKlIST FORM '.
Agenda Item NO~F 1
September 13, 05
Page 58 -of 51
PROJECT NAME: Clerk's MIS r!' Floor Building F PROJECT #: 50031
BIDIRFP I: 04-3694 MOD #: L.PO#: 4500040043 WORK ORDER I:
DePARTMENT: Facilities
()riainal CODtract AmoUDt:
$ 233,839.00
(Starting Point)
Current Bee Approved Amount:
S 2~39.00
(Last Total Amount Approved by the Bce)
Current CoDtract Amount:
$282,382.66
(Including All Changc:s Prior To This Modification)
$ 1,320.00
$ 283,682.66
(lnc1uding This O1angc Ord<<)
CamnJative DeBar Value of Changes to tJds ContraetlWork Order: $49,843.66
Change AmoDnt:
Revised ContractJWork Order AmoUDt:
Date of Last BCC 12/16104 Approval Agenda Item # 16 e 9
Percentage of the change over/under current contract amount % 1.74
Fonnula: (CUrrent Amount I last BCC approved amountH
Results and Actions: If the change exceeds 10% BCe approval Is required; under 10% reported to BCC on
Purchasing report. For speeifie information regarding work order thresholds, please refer to the Contract
Administration Procedures. Section III.C.4.
CURRENT COMPLETION DATE {S):ORlGINAL: 7/26/05 CURRENT: 8/26105
SUMMARY OF PROPOSED CHANGE (S): Install Filter Grills in Air Returns instead of filter in Air Handler.
Also 60 calendar days have been added to completion date making it 8126/05 .
JUSnRCAnON FOR CHANGE (S): What value or benefit do these changes provide to the project?
There was no ceillna clearance to install filters in air handler..
l'~
PARTIES CONTACTED REGARDIN~ THE CHANGE: Bob Pierce, ClerK's staff.
IMPLEMENTA nON STEPS (Verify each before proceeding with change using V, N or NIA)
_ Y _ Proposed change is consistent with the scope of the existing agreement
_ Y _ Proposed change is In fact an addition or deletion to the existing scope
_ Y _ Change is being implemented in a manner consistent with the existing agreement
_ Y _ The appropriate parties have been consulted regarding the change
_ Y _ Proposed prices. fees and costs set forth In the change are reasonable
DATION: This form Is to be signed and dated.
Date: 7/7;:'~
. I
Date: 7/1/0{
APPROVE BY:
Pro;
REVIEWED BY:
Cont
Revised 4/25/2005
Agenda Item No. 16F1 F
August 9, 2005
~
...
Agenda Item NO~1
September 1 '" 05.
Page 59 of 51
CONTRACTJWORK ORDER MODIFICATION
CHECKLIST FORM
PROJECT NAME: Vanderbilt Beach Parkina Garaae PROJECT #: 90295
BIDIRFP #: 04.3582 MOD #:
1
POI: 4500028724 WORK ORDER #: n/a
DEPARTMENT: Facilities Manaaement
Original contract Amount:
Current Bce Approved Amount:
Current Contract Amount:
Change Amount:
Revised ContractJWork Order Amount:
$420,010.00 (StartIng Point)
$420,010.00 (Last Total AmOWlt Approved by the Bee)
$420.010.00 (Including All Changes Prior To Thls Modification)
1$9.617.00)
$410,393.00 (IncludJng this Change Order)
.
Cumulative Dollar Value of Changes to this ContractIWork Order: ($9.617.00)
Percentage of the change over/under current contract amount: -2.29%
Fonnula: (Current Amount I Last BCC approved amoWlI)-1
Results and Actions: If the change exceeds 10% BeC approval is required; under 10% reported to BCC on
Purchasing report. For specific information regarding work order thresholds, please refer to the Contract
Administration Procedures, Section III.C.4.
Date of Last BCC Approval March 23. 2004
Agenda Item # 16.E.7
CURRENT COMPLETION DATE (S);ORJGINAL: 11/16104
CURRENT: 5/15/06 oer 613105 letter
SUMMARY OF PROPOSED CHANGE (S): Identify the chanaes. Task 2 (Permittina. $35.725) includes $15.900
related to a orooosed walkway to the beach but this feature was not oursued. Additionallv. Walker Parkina
Consultants has reauested additional fees and after lenathy review. four items were aareed: CCCL oermit
apolication fee of$1.500: a renderina. $909: desian of an underground stormwater system. $2.042: and additional
landscaoina desian. $1.832.
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? The
additional fees were authorized in order to obtain full permlttina and oroiect aporoval.
PARTIES CONTACTED REGARDING THE CHANGE: Purchasina: Kelsev Ward and Linda Jackson,
Facifities: Peter Havden
IMPLEMENTATION STEPS (Verify each before proceeding with change using V, Nor NlA)
..::L Proposed change is consistent with the scope of the existing agreement
-3- Proposed change is in fact an addition or deletion to the existing scope
-3- Change is being implemented in a manner consistent with the existing agreement
-3- The appropriate parties have been consulted regarding the change
-3- Proposed prices, fees and costs set forth in the change are reasonable
PROJECT MANAGER RECOMMENDATION: This form is to be signed and dated.
')/L A/JJ ~'DlgHBlly.lgnedbyRonHowdI ~ /Ic
APPROVEBY:~~-- DM.:?; 0 0);
REVIEWED BYi .. Date: ~~J
CO ct Sp a list
Revised 4/25/2005
Agenda Item No. 16F1F
August 9, 2005
Page 20 of 48
~;l,~,>
"_"~"'_.,_,"""~" '_____._____.__~_~'"'____.~,,~.~._.,~_,~"~_".N'_~...____._'___,......___~._.".,____ ~'_ _'._~" ....,... ~'_^'_ccN.,___,,_~.. "".'_ ..
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. ~
September 13, 5
Page 60 of 1
-.
PROJECT NAME: Enaineerino AnalYsis of Oranaetree Utilities bv Hartman & Associates, Inc.
PROJECT #:
BID/RFP #: 03-345Ji MOD #: LPOtI: 4600000851 WORK ORDER II:
DEPARTMENT: CDES OD8rations Department
Origioal Contract Amount:
S 77,1'4.00
(StartlngPoint)
Current BCe Approved Amount:
S 86.194.00
(Lust TataI Amount Approved by the BCC)
Current Contract Amount:
$ 86.194.00
(Including All Otanges Prior To This ModifK:III.ioo)
Change Amount:
s_~
$ 86.194.00
(Including This Change Order)
Cumulative Donar V.lue of Changes to tbis ContractIWork Order: S 9.000.00
Revised COlltractIWork Order Amount:
Da1B of Last Bee Approval June 22. 2004
Agenda Item # 16M
PercentaGe of the change overlunder current contract amount -0. %
Formula: (Current Amount I last BCC approved amount)-1
Results and Actions; If the change exceeds 10% BCe approval is required; under 10% reported to Bee on
Purchasing report For specific infonnation regarding work order thresholds, please refer to the Contract
Administration Procedures, Section 11I.C.4.
CURRENT COMPLETION DATE (S}:OR1GINAL:June 15. 2004 CURRENT: september 15. Z005
SUMMARY OF PROPOSED CHANGE (S): Identify the eIlanges. Extending contract completion date to allow
for final invoices and payment.
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project?
.The project was completed .on December 3, 2004; there was confusion and errors on final invoice
which had to be resubmitted; extension of completion date will allow for final Invalento be paid, closing
this engagement.
PARTIES CONTACTED REGARDING THE CHANGE: Purchasing/Finance; no need to contact vendor.
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A)
_x_ Proposed change is consistent with the scope ofthe existing agreement
_x_ Proposed change is in fact an addition or deletion to the existing scope
_x_ Change is being implemented in a manner consistent with the existing agreement
_x_ The appropriate parties have been consulted regarding the change
_x_ proposed prices, fe nd costs setforth in the change are reasonable
PROJECT MANAGER OM NDATION: This form Is to be signed and dated.
APPROVED BY: 7-.:)-0 S--
D. E. "Bleu" Walla ,..,.... / .Ao,r
REVIEWED BY: 1.. c..,. "'V"
C
Agenda Item No. 16F1F
August 9, 2005
Page 21 of 48
'""VI" I ""'''' I ""unn. un..,.,", .n"'l#1l ....._..v.... Agenda Item t.J~6F1
CHECKUST FORM September 1 005
Page 61. f 151
.: PfJOJECT NAME: NORTH NAPLES REGIONAL PARK CONSTRUCTION MANAGEMENT AT RISIC
. , PROJECT #:80602
~,..
I BIDIRFP ,: 01-3189 MOD #:14 PO':4500037217
DEPARTMENT: PARKS AND RECREATION
OrialDal Contract Amount:
553,802,645
(Starting Point)
Current BCe Approved Aniount:
$42,623,463.30
(Last Total Amount Approved by the Bce)
Current Contract Amount:
$41,214,106.92
(Includi!lS AU Changes Prior To 'Ibis ModIflearlon)
C.buge Amouut:
($-288,383.19) I
$40,925,723.73
(lnclud.ini 'Ibis ChaIIge Order)
Cumulative Dollar Value of ChaDges to this CODtraeUWork Order: ($-12,876,921.27) -
Re'rised ContractlWork Order AmOUDt:
Date- of Last BCC Approval: 5/24f.mD5 Agenda Item #16(D)4
. . Percentage of the change under current contract amount: 2.61 % ,
Formula: (Current Amount! Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCe on
PurChasing report, For speclffc Information regarding work order threshoJds, please refer to the Contract
Administration Prooedures, Section III.C.4.
CURRENT COMPLETION DATE (S):ORIGINAL: 5/1012006 CURRENT: 5/1012006
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. This deductive Change Order .. 14 is
asaoelated with the Direct Materials Purchase (DMP) 01 materials directly from the project vendors of the
North Naples Regional Park construction proJect. By deducting the direct costs of certain materials from
Kraft Construction's purchase order and purchasing directly from the vendor, the County Is able to save
the 6% florida Sales Tax on the purchase. In this case, the savings on the $288,383.19 of purchases
equals approximately $16,300 In ta.x savings to the County. Collectively, all Change Orders for the DrIP
add up to $12,876,921.27 which equates to tax savings of approximately $741,900 to the County.
JUSTIFICAnON FOR CHANGE (S): What value or benefit do th_ changes provide to the project?
exhibit 0 of the Contract sets out the procedure for executing the Direct Materials Purchase (DMP) of
goods. This Change Order Is consistent with the contract'. procedures and Is In concert with the
County's policy of Sales Tax saving. thru direct purchases. This saves the County significant amounts of
money.
PARTIES CONTACTED REGARDING THE CHANGE.: Parks and Recreation Director, Public Services
Administrator, Purchasing's Contract Specialist, Clerks Finance Department Special Projects Coordinator"
County Project Manager.
lhwiRf'n 4/25/2005
L.lZVl70'd
~d ro ~IT1ro
Agl;Joda Item No. 161=11=
- Augusl9,2005
Page 22 of 48
9E:60 S002-G~-1Ili"
Agenda Item NO~16F1
September 1 Q05
Page 62 0 f51
_ IMPLEMENT AnON STEPS (Verify each before proceeding with chanoe using Y. N or N1A)
..)L Proposed change is consistent with the scope of the existing agreement
-x_ Proposed change is In fact an addftlon or deletion to the existing scope
..x.. Change Is being implemented in a manner consIstent with the existing agreement
_X- The appropriate parties have been consulted regarding the change
_X- Proposed prices. fees and costs set forth in the change are reasonable
D :nO : This form Is to be signed and dated.
Date: 7/?/K
Date: 7 f~/ as-
REVIEWED BY;
I
Revised 4/25/2005
l.0/S0"d
-~_.--~~-,
~d OJ ~lllCO
Agenda Item No. 16F1F
August 9, 2005
Page 23 of 48
~:60 SOOG-ct-"Tlr
,
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16Fh
September 13, 200~ {
Page 63 of 151
PROJECT NAME: Llvinoston Road IPRR.VBRl PROJECT #: 620713
BIDlRFP t, 04-3654 MOD #: ~4500038091 WORK ORDER ""!!!l!
DEPARTMENT:A!M.
Origi.aa1 Contract Amount:
S 679.395.Z0
(Starting Point)
Current BCC Approved Amount:
$,- 7j3!3sr:r,S #tM1/tI
(Lut Total Amount Approved by the BCC)
Current Contract AmouDt:
$ 783.355.65
(Including All Changes Prior To This Modification)
Change Amount:
S 0.00
$ 783.355.65
(Including This Change Order)
Cumulative DoUar Value of CbaDges to this ContnetlWork Order: $ 103.960.45
Revised CODtraetlWOrk Order Amount:
Date of Last see Approval SeDtember 14. 2cf)if. Agenda Item # 168-6
Percentage of the change over/under current contract amount 1% (OverrJJ. tI I S. 30~ )
Formula: (Current Amount I Last BCe approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on
Purchasing report. For specific information regarding work order thresholds, please refer to the Contract
Administration Procedures, Section III.C.4.
CURRENT COMPLETION DATE (S):ORIGINAL: March 18.2005 CURRENT: Julv 26.2005
SUMMARY OF PROPOSED CHANGE (8): Identify the changes. ChanDe Order to add additional days onlY
to Drace.. nvmen1s .
JUSTIFICA nON FOR CHANGE (8): What value or benefit do thes. changes provide to the project?
Chan~e Order to add additional days to Df'0C8SS oavment
PARTIES CONTACTED REGARDING THE CHANGE: fi10b Petersen. Joroe Freire. Mike McGee. Gloria
Herrera. Rhonda Rembert. Diane Flaaa. Nonnan Feder. and Steve Carnell
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A)
_ Proposed change is consistent with the scope of the existing agreement
_ Proposed change is in fact an addition or deletion to the existing scope
_ Change is being implemented in a manner consistent with the existing agreement
_ The appropriate parties have been consulted regarding the change
_ Proposed prices, fees and costs set forth in the change are reasonable
APPROVE BY:
B.
REVIEWED BY:
Date:
Date:
Agenda Item No. 16F1F
August 9, 2005
Page 24 of 48
honda Rembert, Contract Specialist
Revised 4/25/2005
CONTRACTIWORK ORDER MODI FICA nON
CHECKLIST FORM
Agenda Item No. 16F1
September 13, 20f!!}
Page 64 of 15lt>'
PROJECT NAME: Fleet Facilitv PROJECT #: 52009 I 35010
BID/RFP #: 02-3422 MOD #:
6
POI: 4500016851 WORK ORDER #: nla
DEPARTMENT: Facilities Manaaement
Original Contract Amount:
Current BCC Approved Amount:
Current Contract Amount:
Change Amount:
Revised ContractJWork Order Amount:
$500.000.00 (Starting Point)
$683.650.00 (Last Total Amount Approved by the BeC)
$683.650.00 (Including AU Changes Prior To This Modification)
$6..200.00
$689.850.00 (Including ThIs Change Order)
Cumulative Dollar Value of Changes to this ContractIWork Order: $189.860.00
Percentage of the change over/under current contract amount: 0.91%t
Formula: (Current Amount I Last acc approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on
Purchasing report. For specific infonnation regarding work order thresholds, please refer to the Contract
Administration Procedures, Section III.CA.
Date of Last BCC Approval March 9. 2004
Agenda Item # 16.E.8
,,-
CURRENT COMPLETION DATE (S):ORIGINAL: 5/5/05
CURRENT: 5/15/07 per 613/05 letter
SUMMARY OF PROPOSED CHANGE (S): Identify the chanaes. The oriainal contract called for desianina the
proiect in two maior phases: the County Fleet Facility and the Sheriff Fleet Facility. Now that it has been decided
to purchase the land adiacent to County Barn and to include the Collier Area Transit (CAT) operations. the proiect
needs to be re-desianed for site civil enaineerina details, etc. It may be possible to construct the County Fleet
Facility in the near term and then construct the Sheriff Fleet Facilitv and CAT Facility after the re..ctesian is
complete.
JUSTIFICATION FOR CHANGE (8): What value or benefit do these changes proVide to the project? The
additional fees are needed to desian a fundable and pennittable proiect.
PARTIES CONTACTED REGARDING THE CHANGE: County Manager. Purchaslna: Linda Jackson.
Facilities: SkiD Camo. Chuck Carrinaton Peter Hayden. Fleet: Dan Croft. CAT: Dianne Flaag. Liz Suchsland
IMPLEMENTATION STEPS (Verify each before proceeding with change using V, N or N/A)
..:L Proposed change is consistent with the scope of the existing agreement
3- Proposed change is in fact an addition or deletion to the existing scope
..l Change is being implemented in a manner consistent with the existing agreement
..l The appropriate parties have been consulted regarding the change
-Y- Proposed prices, fees and costs set forth in the change are reasonable
-
APPROVE BY; /'
Proj ot
REVIEWED BY:
Con a
PROJECT MANAGER RECOMMENDATION: This form is to be signed and dated.
7jJ{los
I I
Date: 7/;y/1If'
Date:
Revised 4/25/2005
Agenda Item No. 16F1 F
August 9, 2005
Page 25 of 48
CONTRACfIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16F1
September 13, 2005
~J iage650f151
7/11 q
PROJECT NAME : Naples Jail Exp8Jlsion
PROJECI'#: ~
BIDJRFP #: 98-2829
MOD #: 35
PO#: 4500012306
WORK ORDER #: N/A
DEPARTMENT: Fadlities
Original Contract Amount:
$ 34,402,176.00
(Starting Point)
Current BCCApproved Amount:
$ 29,914,372.14
(Last Total Amount Approved by the Bee)
Current Contract Amount:
$ 29,560,854.78
(Including All Changes Prior To This Modification)
Ch8Jlge Amount:
534,383.07
Revised ContractlWork Order Amount: $29,595,237.85
(Including This Change Order). ~ .
/'
Cumulative DoDar Value orCbanges to this ContractlWork Order: .t'(449,974.1S)
. r /
Date ofLastBCC Approval 2/10/04 Agenda Item # 10 B
Percentage of the change over/under current contract amounf;'~.O'7")
Formula: (Cwrent Amount I Last BCC approved amount)-l<--':'/
Results and Actions: If the change exceeds t 0% BCC approval is required; under 10% reported to BCC on Purchasing
report. For specific information regarding work. order thresholds, please refer to the Contract AdministrationProcedmes,
Section m.CA.
CURRENT COMPLETION DATE (S):ORIGINAL: 6/13106 CURRENT: 6/13106
SUMMARY OF PROPOSED CHANGE (S): Exhaust duct & fan for laundry, replace corridor doors with
swinging doors, add two cameras in recreation yard, revised hardware for elevator machine room
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? Owuer
requested changes for overall safety & security or the new jail.
PARTIES CONTACTED REGARDING THE CHANGE: Skip Camp, Ron Bovel1~ Lioda Jackson, Bonnie Baer
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, Nor N/A)
_ Y _ Proposed change is consistent with the scope of tile existing agreement
_ Y _ Proposed change is in fact an addition or deletion to the existing scope
_ Y _ Change is being implemented in a manner consistent with the existing agreement
_Y _ The appropriate parties have been consulted regarding the change
_ Y _ Proposed prices, fees and costs set forth in the change are reasonable
PROJECT MANAGER RECOMMEND
APPROVE BY:
ON: This form is to be signed and dated.
Date: jJ ( ~ I 0-:5-
Date: 7//f'lvr
Revised 4/2512005
Agenda Item No. 16F1 F
August9,2005
Pa e 26 of 48
Agenda Item No. 16F1
September 13, 2005
Page 66 of 151
,/,.-...
CONTRACTJWORK ORDER MODIFICATION
CHECKLIST FORM
10
PROJECT NAME:Grey Oaks Public Safety Facility
PROJECT #: 52008
BJD/RFP #03-3493
DEPARTMENT: Facilities
.MOD #: 13
pO#: 4500013327
WORK ORDER #
Original Cootract Amount:
$ 1,650,4G6.00
(Starting Point)
S lJSO,406.00
(LastTota1 Amount Approved by the Bce)
Current BCC Approved AmOUDt:
Current Contract AmoURt:
$ 1,689,412.18
(Inclu.ding AU Changes Prior To This Modification)
Change Amount:
$16,624.19
Sl,706,036.37
(Including This Olange Order)
Cumalative Dollar Value of Chaoges to this ContractlWork Order: $ 55,630.37
R.ev.fsed COIltractlWork Order Amount:
,-
Date of Last BCC Approval 6/1 0/0~
Agenda Item # 16 E 6
Percentage of the change over/under current contract amount % 3.37
Formula: (Current Amount I Last BCe approved amountH
Results and Actions: If the change exceeds 10% Bee approval is required: under 10% reported to Bee on
Purchasing report. For specific information regarding work order thresholds, please refer to the Contract
Administration Procedures, Section lII.e.4. .
CURRENT COMPLETION DATE (S}:ORIGINAL 6/16/04 CURRENT: 9/0812005
-
SUMMARY OF PROPOSED CHANGE (S): Change order # 13 increases completion 243 days. The building was
not classified correctly by the City of Naples and a lot of changes had. to be made afterthe fact for the building to
meet code.
JUSTIFICATION FOR CHANGE (5): For the buDding to meet code.
PARTIES CONTACTED REGARDING THE CHANGE: Bob Pierce. SkiD Camo
IMPlEMENTATION STEPS (Verify each before proceeding with change using Y, N or NlA)
_Y _ Proposed change is consistent with the scope of the existing agreement
_ Y _ Proposed change is in fact an addition or deletion to the existing scope
_ Y _ Change is being implemented in a manner consistent with the existing agreement
_ Y _ The appropriate parties have been consulted regarding the change
_ Y _ Proposed prices, fees and costs ~et forth in the change are reasonable
PROJECT MAN~~~~: This fonn is to be signed and datod.
AP?ROVEBY(~ Date:
Revised 4/25/2005
Agenda Item No. 16F1F
August 9, 2005
Page 27 of 48
Pro~
REVIEWED BY:
Co e' t
Date: 'l/t/P
Revised 4/25/2005
Agenda Item No. 16F1
September 13, 2005
Page ~1}of 151
C(
Agenda Item No. 16F1 F
August 9, 2005
Page 28 of 48
CONTRACTIWORK ORDER MODIFICATION
CHECKUST FORM
Agenda Item No. 16F1 I f
September 13, 2005
Page 68 of 151
,
PROJECT NAME: Sodium Hypochlorite Piping Modifications PROJECT #: 414-739571
BIDIRFP It: 05-3762 MOD i#: 1 PO':4500042782 WORK ORDER It:
DEPARTMENT:PUED
Original Contract Amount:
$ n,500
(Starting Point)
Current BCC Approved Amount:
$72,500
(Last Total Amount Approved by the Bee)
Current Contract Amount:
$72,500
(tncluding All ChaDgcs Prior To This Modification)
Change Amount:
$(3234.00)
$69.266.00
(lncIuding This Oulnge Order)
Cumulative Dollar Value of Changes to fhls ContractlWork Order: $(3234.00)
Revised Contraet/Work Order Amount: .
Date of Last BCe Approval__01/25105
Agenda Item # 1601
Percentage of the change over/under current contract amounC(4A6%)
Fonnula: (Current Amount I Last see approved amount}-1 .
Results and Actions: If the change exceeds 10% ace approval is required; under 1.0% reported to BCe on
Purchasing report. For specific information regarding work order thresholds, please refer to the Contract
Administration Procedures, Section U1.C.4.
CURRENT COMPLETION DATE (S):ORIGINAL: 07/01/05 CURRENT: 07/16/05
SUMMARY OF PROPOSED CHANGE (S):ldentify the dlaDges. Add 15 Calendar Days to Contract Amount.
Subtract $3234.00 of unspent monies from contract amount See Attached "Exhibit An
. t .
JUSnFlCAll0N FOR CHANGE (5): What value or benefit do these changes provide to the project? See
Attached "Exhibit A"
PARnES CONTACTED REGARDING THE CHANGE: Encore Construction. Hole Montes. CC Purchasina. CC
PUED. CO Ooerations
lMPLEMENTAnON STEPS (Verify each before proceeding with change using v, N or N1A)
Y _ Proposed change is cOnsistent with the scope of the existlng agreement
Y _ Proposed change is In fact an addition or deletion to the existing scope
Y _ Change is being implemented In a manner consistent with the existing agreement
Y _ The appropriate parties have been consulted regarding the change
y _ Propos~ prices, fees and ~sts set forth In the change are reasonable
PROJECT MANAGER RECOMMENDATION: This form Is to be signed and dated.
Date: ;1 f/
,_ Dale: 7/zl/oS
. .
A~enda Item No. 16F1F
... Au~u~19,200G
Page 29 of 48
L_
.,,---/"
j.>""-
, /~~~
CONTRACTIWORK ORDER MODIFICATION
CHECKUSTFORM
Agenda Item No. 16FV /l
September 13, 2006 .<-
Page 69 of 151
PROJECT NAME: Goodl8tte-Frank Road
BID/RFP #: 03-3509 MOD #: . _.$ _ _ POI: 4500016367
DEPARTMENT: TEeM
PROJECT #: 60005
O.rigiDal eo_tract Amout:
$ 1.(.63.253
(startirJg Point)
~
..
~t Bee Approved Amount:
$1.207..230
(Last Total Amount Approved by tbc BCC)
$ 1.207.230 ~
(Includiog AJI CIumges PrioI' T'O This Modification)
CvrreDt .CoDtrad Amout:
CIIuge Amout:
S 7._
S 1.214.630 /
(Iocluding '[bjs Qaugc Order)
Cumulative Bolar Value ofCJumges to this CoatractlWork Order: $ 151.377
R~ eoatracflWork Order Amour.
Date oft.ast sec Approval 12-1U4
Agenda Item # 188(7)
Percent8ge of the cbange ~ current contract amount 0.6' %
Formula: (Cumri Amount I Last ace apprvved amount)-1
~ults and Actions: If the ch~nge exceedS 10% BCC approval is required; under 10% reported to BCC on
Purchasing report. For specific infonnation regarding work order thresholds, please refer to the Contract
Administration Procedures. Section III.CA. --
CURRENT COMPLETION DATE (S):ORlGINAL: 06-01-04 CURRENT: 03~1.o6
SUMMARY OF PROPOSED CHANGE {S):ldentffy the changes. Coriduct an ~rch8eo1oa1ca1sul'V8Y and
.....ament of1he Fleischmann _reel.net the pOnd site on the ..reel. .. .
JUSTIFICATION FOR CHANGE (S): What value or benefit do tbeae cha.nges provide to the project?
Parcel has not had such an ......ment. and It I. reaulred by the SFWMD in order fOr the D8Imltto ..
issued.
PARTIES CONTACTED REGARDING THE CHANGE: DeDartment head. consultant and sD8Claltv con.ultant
IMPLEMENTATION STEPS (Verify each befo.. proceeding with change using Y, N or NlA)
..::L Proposed change Is consistent with the scope of the existing agreement
..L Proposed change is in fact an addition or deletion to the existing scope
L Change is being implemented in a manner consistent with the existing agreement
.::L The appropriate parties have been consulted regarding the change
l Proposed prices, fees and costs set forth In the change are reasonable
Agenda Item No. 16F1F
August 9, 2005
Page 30 of 48
Agenda Item No. 16F1
September 13, 2005
Page 70r!j51
CONTRACT MODIFICATION
CHECKUST FORM
PROJECT NAME: One Hundred (iDOl Year Flood Elevations for Five IS) Basins In CoUler County
PROJECT #: None
BID/RFP #: MOD #:2_AMOUNT OF THIS CHANGE: N/A'
PO #: 4500024040 Work Order #: N/A
CONTRACT AMOUNT: ORIGINAL $ 215.000.00 CURRENT $335.000.00
(STARllNG POINT) (INCLUDING THIS CHANGE ORDER)
Last BCC Approved Amount $335.000.00
(LAST TOTAL AMY. REQUIRING BCC APPROVAL.)
Date of Last BCe Approval: September 21.2004
Agenda Item # 16(AU4l
Percentage of the change over/under current contract amount 0.00 %
Fonnula: (Current Amount I last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required: under 1 0% reported to BCC
on Purchasing report.
CURRENT COMPLETION DATE (S):
ORIGINAL: 11-30-04
CURRENT: 1-30-07
SUMMARYOF PROPOSED CHANGE (8): Addition of time wallow .for completion of floodplain studies.
respond to FEMA review comments. and final mat>olna preparation/notification/oubllcation orocess by FEMA
JUSTIFICATION FOR CHANGE (5): Extensive unanticipated difficulties encountered to aet FEMA's
coastal model to work delaved work implementation on the interior basIns. FEMA's chanoe in review
contractor and establishment of a newtimelineforreview of deliverables and pUblic notice procedure
reauires additional time for consultant to be available to respond to comments.
PARTIES CONTACTED REGARDING THE CHANGE: Richard S. Tomasello. Joe Schmitt. Kelsev Ward
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A)
_ Y _ Proposed change is consistent wl1h the scope of the existing agreement
_N_ Proposed change is in fact an addition or deletion to the existing scope
l Change is being implemented in a manner consistent with the existing agreement
l The appropriate parties have been cOnsulted regarding the change
N/A Proposed prices, fees and costs set forth in the change are reasonable
PROJECT.~fj.~:ECOMI!ftNDAT10N:
APPROVE: .a
DISAPPROVE: 1
Date: 7/ZS/0Y
Date:
COMMENTS:
~:mJ03 ~c?w
1/u7;'Y
Agenda Item No. 16F1F
August 9,2005
Page 31 of 48
;--~
CONTRACTIWORK ORDER MODIFICATION
CHECKlIST FORM
Agenda Item No. 16F1
September 13, 2005
Page 71 of r1
PROJECT NAIIE: Golden Gate Parkwav Grade SeDarated 0ve1'D8SS PROJECT it. 60027
BlDlRFP ':-;(x),~MOD #:} POI: IV'Uos1 WORK ORDER #:
DEPARTMENT: TE&CII
0ripIaI CoDtraet Amout:
$ 1.245.857.00
(S18rtiDg Point)
/
c.rreat BCC AppI'OWld A.o..t:
$ 339&807.00
(Last ToIBl Amo1mt Approved by tile BCC)
$ 3.686.047.00 -./
(lDch~ All Cbanges Prior To This Modification)
CIII'RIIt CoDtraet Amout:
CIumce AmoDDt:
$
33.J50.oo
Rerised CoIItraetIWork Order Amo..t: S 3.699.197.00.
(Including This.C!amgc Orda')
C....Jative Dollar VIIIae of CIuuages to this CoutndlWork Order: $ 2.4S134OJ)O
Date of LastiiCC Approval 5/12/02
Agenda 1f8m # 1685
Percentage afthe change overJunder cumtnt contract 8II1OUnt +8.84 %
Formula: (Cunent Amount I Last ace approved amount)-1
Results and Actions: If the change exceeds 10% acc approval is required; under 10% reported to Bee on
Purchasing report. For specific infonnation regarding wor1< order thresholds, please refer to the Contract
Administration Procedures,Section III.CA.
CURRENT COMPLETION DATE (S):ORIGINAL: 5/14/02
CURRENT:
12/3112007
SUMMAR.Y OF PROPOSED CHANGE (8): IdeDtify the chaDges. Provide additional SCODe of service. to
revise the construction plan drawin~ and obtain permitting for extending the left-turn . lane on Golden Gate
Padcway west of Livingston Road to increase stora2e capacity. Provide additional SCQpe of service to provide
Dl'Diect certification to SFWMD uoon coIJ1Dletion of construction.
JusnFlCATION FOR CHANGE (S~: What value or benefit do these changes provide to the project?
The cunent Ieft-tum storage lane west of Livinoston Road stacks UD to the DOint that it blocks thru traffic on
the Golden Gate ParKway. When the 1~75 interchanae ooens. this restriction will be more of a ;;blem than it is
todaY. BY further extendina this lane we avoid a future DI'Oblem by correctina during construction. The certification
was not incfyded in Mor SCODeS of service and is a reauirement of..sFWMD.
PARTIES CONTACTED REGARDING THE CHANGE: Actina Director TE&CM. RWA Consultants
IIIPLEMENTAnON STEPS (Verify each befont proceeding with change using Y, N or NlA)
- Y - Proposed change is consistent with the scope of the existing agreement
- y - Proposed change is in fact an addition or deletion to the existing scope
_ Y _ Change is being implemented in a manner consistent with the existing agreement
_ Y_ The appropriate parties have been consulted regarding the change
- y - Proposed prices, fees and costs set forth in the change are reasonable
Agenda Item No. 16F1 F
August 9, 2005
Page 32 of 48
Agenda Item No. 1~6F1
September 13, 5J'.
Page 72 of 1 1~
CHANGE ORDER
CHANGE ORDER NO. ~ W
CONTRACT NO. 92 SaGS ('\t) .. 3o\o~ ..,..
Bce Date: ,~,
Agenda Item: ~f
TO: RWA. Inc.
6610 Willow Park. Drive. Suite 200
NaDles. Fl 34109
DATE: Julv 15. 2005
PROJECT NAME: Golden Gate Parkway Slx-Lanina
PROJECT NO.: 60027
Under our AGREEMENT dated November 28
. 2000.
You hereby are authorized and directed to make the following change(s) in accordance with
terms and conditions of the Agreement: (Revise the construction plan drawings and obtain permitting
to extend the left-tum storage lane on Golden Gate Parkway west of Uvingston Road to increase
storage capacity)
FOR THE (Additive) (Deductive) Sum of:
dollars)
(thirty-three thousand one hundred fifty
($ 33.150.00 ).
Original Agreement Amount
Sum of Previous Changes
This Change Order (Add) (Deduct)
$
$
$
$
1.245.857.00
3.666.047.00
33.150.00
3.699.197.00
Present Agreement Amount
The time for completion shaH be (increased) by .JL calendar days due to this Change Order.
Accordingly. the Contract Tune is now NA () calendar days. The substantial
completion date is NA and the final completion date [s December 31. 2007 .
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.
Accepted: ,T tJ '- '11 l t> , 2005
CONTRACTOR:
(RWA, Inc.)
By: CL.. - 4-;;" _ 0. ""-- +-
(Christopher 6. Wright, P.E.)
OWNER:
BOARD OF COUNTY COMMtSSIONERS
OF COLLIER COU . FLORIDA
By:
(Gary R. Puta nsuu, P.E.) Project Manager
DESIGN PROFESSIONAL
By: NA
Revised 2/2412005
Agenda Item No. ~~11
September 13, 5b
PROJECT MANAGER RECOMMENDAnoN: this fonn is to be signed and dated. Page 73 0 151
Date: ?-~-~r
REVIEWED BY: Date:
n ct Specialist
PREPAREDBY: ~ _ Date: 7-/It-..r
Gary R. P ansuu, P.E. Senior Project Manager
APPROVED BY: ~ ~L/ Date: 7#, /,s--
Euge e Calvert. P.E. Acting Director, Transportation .
Engineering and Construction Management
1/j26ja5
,
APPROVED BY: Date:
Steve CameU, Director, PurchaeinglGeneral Services
APPROVED BY: Date:
Nonnan E. Feder, Alep, Administrator
Transportation Services Division
Agenda Item No. 16F1 F
August9,2005
Page 34 of 48
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
PROJECT NAME: Collier Boulevard. Golden Gate Blvd to Immolcalee Rd. PROJECT #: 65061
B1D1RFP t: 02-3398 MOD t#: 3 Pot: WORK ORDER #:
Agenda Item No. 16F1
SeptembEjf. r. JM ' 005/
Pag~'1517
DEPARTMENT: TranaDOrtatloD Enal....rinG & Construction "'naaement
Origiul Ceatraet Amo1Ult:
S 1.404.387.00 l/'
(StadiDg Point)
S 1.833.495.80 ~".
(Last Total AmountAppro~
$ 1.833,495.00
(Jnc1udiag AlICbaDges Prior To This Modification)
CUreDt BCC Appnwed Amout:
CllITeIIt COlltnld AmODIlt:
S ~~7 . '
$ _7.87 /
(Jadudiog This Ch80gc Older)
c..1IIativeDoDar Val. of Clumps totldt COIltrIldIWork Order: $ 574.150.87
C.... Amout:
RevIled. CoBtnctlWork Order AmoRt:
Date of Last acc Approval
05124105
Agenda Item ., 1689
Percentage of the change over/under current contract lII110unt +7.91 %
Fonnula: (CurTent Amount , Last ace approved amQunt)..1
Results and Actions: If the change exceeds 10% Bee approval is required; under 10% reported to ace on
Purchasing report For specific information regarding work order thresholds, please refer to the Contract
Administration Procedures, Section III.C.4.
CURRENT COMPlETION DATE (S):ORIGINAL: Qfcember. 2003 CURRENT:
December 31.2007
,
SUMMARY OF PROPOSED CHANGE (8): Id,*tify the c:haages. ChAne-e Order 1 provides $145.042.87' to
orovide Post Design Services during construction. These services include DarticiDation in meetfnQ.s. r8SpOfldina to
reauests for"lnfonnation. reviewina croDosed Dlani chanaes. revisinaDlan drawinas. incorDOratina ch8nae and
certifvina the end oroduct. I
PARTIES CONTACTED REGARDING THE CHANGE: ActinQ TE&CM Director and CH2MHiII Consultants.
IMPLEMENTATION STEPS (Verify each before proceeding with ehange using Y, N or NlA)
.:L Proposed change is consistent with the scope Of the existing agreement
..::L Proposed change is in fact an addition or deletiQn to the existing scope
L Change is being implemented in a manner consistent with the existing agreement
-~ ~TI~li~i".j~es have been consulted regarding the change
~1Vt9JIS and costs set forth in the 'change are reasonable
JUL 2 5 2005
T~
Enginlertng Department
Agenda Item No. 16F1 F
August 9, 2005
Page 35 of 48
Agenda Item No. 16F1/5: &tt
September 13, 2005 ,
PROJECT MANAGeR REcoM~TlON: ThIa ,......... to bulglMd and d8l8d.. Page 75 of 151
APPROVEBY: ~~ . . Date: 1'-/"'6r-'
Project nager
REVlEWEDBY:~~ Date:~7/&5
COntract Specialist
PREPAREDBY:~~ ,
Gary PutBansuu, P.E., Senior Project Manager
APPROVED BY; d~ &/ Date:
Eugene Calvert, P.E. Acting Director, TransPbrtauon
Engineering & Construction Management ~ent
!
Date:
;J-d"..r-
7~~
APRROVED BY;
Norman E. Feder, AlCP, Administrator
Transportation Services Division
Date:
Agenda Item No. 16F 1 F
August 9, 2005
Page 36 of 48
CONTRACTJWORK ORDER MODIFlCAnON
CHECKUST FORM
".-.~
~ROJECT NAME: Haldeman Creek Re8tondion Prolect PROJECT #: 51011
BIDIRFP #: 01-32.16 MOD#:: Amendment NO..3"~ PO#:203233 WORK ORDER #:N1A
,
Agenda Item No. 16F1
September 1 ~;J~
Page 76~
/~
DEPARTMENT: Stormwater Manaaement
Original Contract Amount:
$ 150.000.00
(Starting Point)
S!..:.----. _ (, 7 2.~ f.J 3. 7 S-
(Last Total Amount Appro~ by the Bee)
Current Bee Approved Amount:
Current Contract Amount:
$172.833.75
(Jnclwfing All ChaDgcs Prior To TbisModification)
Change Amount: $!!
,.....
ReYlsed ContractlWork Order AmOUBt: $I '" 7;;< pj 3. 7J
-(lDcluding~ Chanje Order)
Cumulative Dollar Value of Changes to ~ CoatractlWork Order: ~
f""';? <6 J3.75
.
Date of Last Bce Approval June a.. 2004
Agenda Item # 16811
'"; ~.
!;.- :...~ t
i'erC8ntage of the changeover/under current contract amount g' - %
Fonnula: (Current Amount I Last ace approved amount)-1
Results and Actions: If the change exceeds 10% BOO approval is required; unde( 1.0% reported to BCe on
purchasing report. For specific information regarding work order thresholds, please refer to the Contract
Administration procedures. Section IU.C.4.
CURRENT COMPLETION DATE (S):ORIGINAL: June 2005
CURRENT: June 2007
SUMMARY OF PROPOSED CHANGE (9): Identify the changes. Time extension
JUSTIFICATION FOR CHANGE (9): What value or beneflt do these changes provide to the project?
Permits are still ~dlna with the DEP and ACOE. Once DlU'lnltsare Issued the DroIect can ao out
for bid and construction can oommence.
PARTIES CONTACTED REGARDING THE CHANGE: ~ormwater Manaaement'DIrector. Ricardo Valera.
~l'Ch88lnaConlnlCt8DecI8nst. Usa EllloU
IMPLEMENTAnON STEPS (Verify each before proceeding with chang. using V, Nor NlA)
Y Proposed change is consistent with the scope of the existing agreement
y.. Proposed change is In fael an addition or deletion to the existing scope
y.. Change is being implemented in a manner consistent with the existing agreement
':L The appropriate parties have been consulted regarding the change
Y Proposed prices, fees and costs set forth in the change are reason.able
._ PROJECT MANAGER RECOMMENDATION: This form Is to be signed and datect.
APPROVEBY:~. . 9 i~ A-'Gata: 7-;S--oS-
REVIEWED BY: _~...~ Date: 1-71.~
ract Specialist
Revised 4/25/2005
Age
ql1.tlff.
.I'
em No. 16F1F
August 9, 2005
Page 37 of 48
B7/26/2ees 12:e2 2397322668
PU OPS
Agenda Item ~FA2/e5
September '1~~oo5
Page 77 of 151
i~~>' '\
<.~~:6'
CONTRACT MODIFICATION
CHECKLIST FORM
PROJECT NAME: Pelican Bav Fire & Imaation Water Svstem Imorovements PROJECT I: 74023
BIDIRFP I: 0Q..30S1 MOD I:
7
pO#: 006127
WORK ORDER It:
NlA
$ 342.214.15
(Starting Point)
$ 1.318.838.35
(All Changes Prior To 1111$ Mod.~o.n) po ':2 ~
$ i!j'E.n1!l4.~ ~$J 1.8:..a..:; l.:. :1./
(Last Total AmouD1 uiring Bee ApptOval)
$ 0.00
$_1.318.838.35
(Including Thl, Olange Older)
Cumulative DoDar Value 01 Change Orders to this ContradIWork Order: $ 976.624.20
Original Ccmlt'act A1DOUDt:
Current Contract Amoum:
Last Bee Approved Amount:
Amount oCThis Change:
Rmsed Contract Amount:
Date of Last see Approval APril 1 O. 2001
Agenda ftem # 16 e (13)
Percentage of the change over/under current contrect amount 0 %
Formula: (Current Amount I Last Bee approved amount).1
Results and Actions: If 'the change exceeds 10% Bee approval Is required; under 10% reported to BCe or
Purchasing report. For specific Information regarding work order thresholds, please refer to the Contract
Administration Procedures, Section 11I,0.4.
CURRENT COMPLETION DATE (S):ORIGINAL: JulY 1, 2003
CURRENT: December 30. 2005
SUMMARY OF PROPOSED CHANGE (8): Identify the changes. Adi~stm8nt of estimated amounts for
perfonnance atm. A-4. &6. A-7. A-a. A-e. A-10. A-12. A..15. A.16 and A-17_
JUSnFfCAnON FOR CHANGE (5): What value or beneflt do these changes provide to the project?
Provides a more acourate estimation of the cost to oerfonn the Identified tasks.
PARTIES CONTACTED REGARDING THE CHANGE: Finance (Carole Lee).. Focus Enalneerina
IMPLEMENTATION STEPS (Verity each before proceeding with ohange using Y, N or N/A)
- y - Proposed change Is consistent with the scope of the existing agreement
_N_ Proposed change Is In fact an addition or deletion to the existing scope
- Y - Change is befng implemented in a manner consistent with the exIsting agreement
- Y - The appropriate parties have been consulted regarding the change
- Y- Proposed prices, fees and costs set forth in the Change are reasonable
PROJECT MANAGER RECOMMENDATION: This form is to be signed and dated.
APPROVE BY; ~~ "--" Date: 7.z..or-
Pro anager
REVIEWED BY: Date:
Contract Specialist
Revised 3ft 0/2005
Agenda Item No. 16F1 F
August9,2005
Page 38 of 48
CONTRACTIWORK ORDER MODIFICATION
CHECKUST FORM
Agenda Item No. 16F1
September 13, :rtils
Page 78 of 1<!31
t'ROJECT NAME: Gordan River Water Qualltv Park - EnalneerlnG Deslan
PROJECT #: 510181
BID/RFP 1:0s.3774 MOD II: N1A POi:4500046386 WORK ORDER #:~A
DEPARTMENT: Stormwater Manaaament
OrigiDal Contract Amount:
$ 599.850.00
(starting Point)
Current Bee Approved Amount:
~9.8S0.oo
(Last Total Amount Approved by the BCC)
Current Contract Amount:
~.850.00
(Including All Oumses Prior To This Modification)
Change Amount:
$~.7SO.oo
$659.600.00
(IncJudiDg 1his Qango Ordor)
Cumuladve Dollar Value of Oumges to this eontraetlWork Order: $S9.7SO.oo
Revised ContractlWork Order AmoUIlt:
Date of Last BOO Approval 5/24/05 , ' Agenda Item # 1687
Percentage of the change overIunder current contract amount 9.96 %
.- FORnula: (Current Amount I Last ace approved amount)-1
.~esults and ActIons: If the change exceeds 10% Bee approval is required; under 10% reported to Bce on
Purchasing report. For specific information regarding work order thresholds, please. refer to the Contract
Administration Procedures, Section 11I.0.4.
CURRENT COMPlETION DATE (S):ORlGINAL: 218106 CURReNT: 218106
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. The purpose-Qf this change order is to
add $59,750.00 as additional services stated in the original scope of services approved at the ace March 24,
2005 meeting to include additional data collection, geotechnical investigation and existing conditions analysis for
permitting and site development purposes.
JUsnFlCAOON FOR CHANGE (S): What value or benefit do these changes providf to the project?
Additional services In the form of existina site data collection and existinaconditions anaIvsis.~ reauired
for oennlttina and site develoDment oumoses.
PARTIES CONTACTED REGARDING THE CHANGE: Stonnwater Manaaement Director. Ch2M Hili Inc.
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or NlA)
...y- Proposed change Is consistent with the scope of the existing agreement
l Proposed change is in fact an addition or deletion to the existing scope
l Change is being implemented in a manner consistent with the existing agreement'~ .
-.::L The appropriate parties have been consulted regarding the change
L Proposed prices, fees and costs set forth in the change are reasonable
PROJECT MANAGER RECOMMENDAnON: This form Is to be signed and dated. ".
~.
-_APPROVE BY: . Dale:
REVIEWED ~ . at !jJ::Jt~\e:
nt ct Specialist
7-~
~... 5
7)i/~/[)(
J~"
1't
A enda Item No. 16F 1 F
August 9, 2005
Page 39 of 48
Revised 4/25/2005
. ...----.-...----.-----.---------
CONTRACTIWORK ORDER MODIFICATION
CHECKUSTFORM
Agenda Item No. 16F1
September 13, 20G~
Page 79 of 1~n
PROJECT NAME: Uvinaston Road CPRR-VBR)
PROJECT #: 820713
BIDIRFP fl.: 04-3654 MOD t#:
4 .
PO#:4500038097 WORK ORDER t#:N/A
DEPARTMENT:.A!M
Original Contract Amount:
$ 679.395.20
(Starting Point)
S 783.355.65
(Last Tota! Amount Approved by the BCC)
Current BCC Approved Amount:
Current Contract Amount:
$ 783.355.65
(IncludingAII changes Prior To This Modification)
Change Amount:
S 8.999.45
$ 792.355.10
(Including This Change Ordec)
Cumulative DoUar Valoe of Changes to this ContractIW ork Order: S 11~959.90
Revised Contract/Work Order Amount:
Date of Last ace Approval April 12. 2005
Agenda Item # 168-4
Percentage of the change over/under current contract amount 1.15%
Formula: (Current Amount I Last Bee approved amountr1
Results and Actions: If the change exceeds 10% Bce approval is required; under 10% reported to BeC on
Purchasing report. For specific information regarding work order thresholds, please refer to the Contract
Administration Procedures, Section IIl.CA.
CURRENT COMPLETION DATE (S):ORIGINAL: March 16. 2005 CURRENT: Auaust 31.2005
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Chanas Order for additional soil. pavers
and two pump filter systems.
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the projecri
dditional soli needed was miscalculated avers were not ut in desl nand um filters were re uestec
by Irriaation Project Manaaer 'ROGer Dickl.
PARTIES CONTAClED REGARDING THE CHANGE: Bob Petersen. Jame Freire. Mike McGee. Gloria
Herrera. Rhonda Rembert.. Diane Flaaa. Noma" Feder. and Steve Carnell
IMPLEMENTATION STEPS (Verify each before proceeding with change using V, Nor NlA)
- Y - Proposed change is consistent with the scope of ihe existing agreement
- Y - Proposed change is in fact an addition or deletion to the existing scope
- Y - Change is being implemented in a manner consistent with the existing agreement
- Y - The appropriate parties have been oonsulted regarding the change
- Y - Proposed prices, fees and costs set forth in the change are reasonable
REVIEWED
7-Zl-ar
7"',.,j( g.:..~nda Item No. 16F1F
August 9, 2005
Page 40 of 48
Revised 4/25/2005
CONTRACTIWORK ORDER MODIFICATION
CHECKUST FORM
Agenda Item No. 16F1
September 13, 2005
Page 80 of 151
i>. .
~ROJECT NAME: Goodlette-Frank Road (PRR - VSRl
PROJe~T #: 601344
'd-<'
1
'.
PQt:4500047320 WORK ORDER #:NlA,
BIDlRFP #: 05-3812 MOD #:
"'h"~'''_'_.'--
'DEPARTMENT: ATM
CIU'I'eIIt Contract Amount:
$ 631.635.43
(starting Point)
$ 631.635.43
(Lut Total AmoUD1 Approved by tile Bee)
$ 631.635.43
(JDchJdiDg All ChlmFS Prior To This ModificatiOn),.: "
,
," "
Original Coatract Amount:
Current BCC Approved Amount:
Revised CoDtractlWork Order Amount:
S 21.922.15
S 65~.sS7 .58
(fnc1udiDg 'Ibit ~ Order)
Cumulative DoBar Value of Cbanle5 to this ContrattIWork Order: S 21..912.15
.. ~ ,I
Cbanae Amount:
.. .:~
Date of Last ace Approval Mav 24. 2005
Agenda Item" 168-20
.. ~ge of the change overlunder current contract amount 3.470/0
Formula: (Current Amount' Last Bee approved amount)-1 .'
Results and Actions: If the change exceeds 10% BCC approval is required; under ..1~~ reported to ace on
Purchasing report. For specific information regarding work order thresholds. pl~ refer to the Contract
Administration Procedures, Section 11I.0.4.
CURRENT COMPLETION DATE (S):ORlGINAL: November 16. 20QS CURRENT:." November if. 2005
SUMMARY OF PROPOSED CHANGE (8): Identify the changes. Chanae Order for additional soli. remove
exlstlna Davers. switchina Irrlaatlon heads and valves.
JUSTIFICATION FOR CHANGE (5): What value or benefit do these change_' provide to the project'i
A d I nal soil to meet crownln avers not shown as n I the nd i Ion
heads and valves are being Cha:d to more safe and efficient ones. PARTIES CONTACTED REGARDING.
THE CHANGE: .BobPetBrsen. R----!r Dick. Dale Hannula. Gall Boorman. Gloria Herrera. Abonda Rembert
Diane Flaaa. Norman Feder. and Steve Carnell
IMPLEMENTATION STEPS (Verify each before proceeding with change using V, N or NlA)
_ Y_ proposed change iaconaistent with the scope of the existing agreement
_ Y _ Proposed change Is In fact an addition or deletion to the existing scope ; "..j
_ Y_ Change is being implemented in a manner consistent with the existing agreement:- ,:
_ Y_ The appropriate parties have been consulted regarding the change
_ Y _ Proposed prices, fees and costs set forth in the change are reasonable
APPROVE BY:
Date:
Date:
Agenda Item No. 16F1F
August 9, 2005
Page 41 of 48
CONTRACTIWORK ORDER MODIACA TION
CHECKLIST FORM
Agenda Item No. 16F1
September 13, 2005
Page 81 O~\1
Road to Davis Blvd.
PROJECT NAME: 16" Reclaimed Water System Interconnect from Radio
PROJECT #: 74035
BIDIRFP #: 04-3679 MOD #: 1
DEPARTMENT: PUED
POI: 4500040989
WORK ORDER I:
NlA
Original Contract Amount:
$ 891.225.00
(Starting Point)
Current BeC Approved Amount:
$ 891.225.00
(Last Total Amount Approved by the BCC)
Current Contract Amount:
$ 891.225.00
(Including All Changes Prior To This Modification)
Change Amount:
$ 30.250.00
Revised ContractIWork Order Amount:
$ 921.475.00
(Including This Change Order)
Cumulative Dollar Value of Changes to this Contract/Work Order: $ 30.250.00
Date of last Bee Approval October 26. 2004
Agenda Item # 16-C-2
Percentage of the change over/under current contract amount 3.39 %
Formula~ (Current Amount / Last sec approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BeC on
Purchasing report. For specific information regarding work order thresholds, please refer to the Contract
Administration Procedures, Section III.C.4.
CURRENT COMPLETION DATE (S):ORIGINAl: Julv 22.2005
CURRENT: October 20. 2005
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. 1. Extend the length of directional drill bX
110 feet and reduce the length of open cut by 110 feet. 2. Increase the Contract time by 90 days.
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project?
1. Allows oipe to be installed without damage to the pavement or curb and outter of Davis Blvd.
2. Time needed to acouire additional easements that were needed to complete the project when exist/no
underoround utilities prevented completion as designed.
PARTIES CONTACTED REGARDING THE CHANGE: Contractor. Desion Professional. Interim Wastewater
Director. Purchasino Department. and PUED Director.
IMPLEMENTATION STEPS (Verify each before proceeding with change using V, N or N/A)
-L Proposed change is consistent with the scope of the existing agreement
-L Proposed change is in fact an addition or deletion to the existing scope
-L Change is being implemented in a manner consistent with the existing agreement
-L The appropriate parties have been consulted regarding the change
l Proposed prices, fees and costs set forth in the change are reasonable (Bid prices were used).
Revised 4/25/2005
Agenda Item No. 16F1 F
August9,2005
Page 42 of 48
6" ,'. '"
REVIEWED BY:
Revised 4/2512005
Date: "'7 - :::2. 9 - 17$
Date: 1-~ '1-05
Agenda Item No. 16F1F
August 9, 2005
Page 43 of 48
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?ROJECT NAME: t'1etrlQie.e.
G.~
.SI~fP.#: 0-3r3'l MOD#:
CONTRACT/WORK ORDER MODIFICATION
CHECKLIST FORM
I!S. tI~J"".b PROJECT#: 70/;2'/-1
I
,. I POi: L{~otrJ;:J~:Sf WORKORDER#: CDP/--FT-()tf-Ol
Agenda Item No. 16F~
September 13, 200
Page 84 of 151
DEPARTMENT:
Current Contract Amount:
c;O
$ 1;lO. 6-=tb. -
(Starting Point)
ca:::>
$ l~ 6lf6. ~
(l..asl Total Amount Approved by the BCe)
$ 1:>'0.6'('. ~
(Including }.n Changes Prior To This Modification)
Original Contract Amount:
Current BCC Appro'fed Amount:
Change Amount:
$ 0
co
$ .1~Yf'.-
(Includini This Change Order)
Cumulative DoUar Value of Changes to this ContractIW ork Order: $ 0
Revised ContractIWork Order Amount:
Date of Last BCe Approval
1;1//6.;63
Agenda Item # J' (c) IS-
"ercentage of the change over/under current contract amount 0 %
Formula: (Current Amount I Last BCC approvedamount}-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on
Purchasing report. For specific information regarding work order thresholds, please refer to the Contract
Administration Procedures, Section III.C.4.
CURRENT COMPLETION DATE (S):ORIGINAl: 6Mrf CURRENT: y{~.#
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. AlJp.~o 1t,,1 l>f Work. Di(~c.t;V'e ,
-1:.-0 b~ IASsi~"e.d utN:\e.... AUH::i,,~{ .services. I
JUSTIFICATIO .FQRPHANGE (S): What yalutl or ben!iJflt do these changes p'rovideto the pro'ect?l ).
Cka.,... .f: Y\ c..o tJ....\JI'\ Ad I .. ~ Wo <'- roe<<"" J
vJ I t'^ ~ c.: . C> W .... 0
PARTIES CONTACTED REGARDING THE CHANGE: Y\1:
W r" C/J. 5t LA C
IMPLEMENTATION STEPS Verify Ncll before pro ing with change using Y, N or NlA)
..1 Proposed change Is consistent with the scope of the existing agreement
lproposed change is In fact an addition or deletion to the existing scope
Cha.nge is being implemen tad in a manner consiS. tent with the existing agreement {.f.,-tkr
The appropriate parties have been consulted regarding the change
H Proposed pricss, fees and costs set forth in the change are reasonable
re.+t~'1e1V. ,
(jt?"1ltf It"JfP1
...
Agenda Item No. 16F1 F
August 9,2005
Page 45 of 48
CONTRACT/WORK ORDER MODIFICATION
CHECKLIST FORM
PROJECT NAME: trlC/<.wTfl 5GfJ)1t lAf~rCrd~ PRqJECT #: 700c;4~
Contt"'Ac.t tJ 31/8.1 .-..14 L
-BIE)/RFP #: ;3- T MOD #: ~' POI: I1SP,tJ1) ;;0773 WORK ORDER #: cPrR-FT -0'1-01
Agenda Item NC71.aF1
September 1 noD5
Page 85 of 151
OEPARTMENn fUE])
Original Contract Amount:
c?O
$ ~4 gSO. -
(Starting ~oint)
,,0
$ 6.;2) 963. -
(Last ToW' Amount Approved by the BCC)
e>CO'
$ b~"3. Cf63. --
(lncluding An Changes Prior To This Modification)
Current BCC Approved Amount:
Current Contract Amount:
Change Amount: $ 0
!:!2-
Revised ContractIWork Order Amount: $ 6;2 3, C(6.3 I
(Including This Change Order)
00
Cumulative Dollar Value of Changes to this ContractIWork Order: $ S3'fJ' 13 '
Date of Last Bee Approval t.//I3/btf
Agenda Item # lb lC)
Percentage of the change overfunder current contract amount 0 %
Formula: (Current Amount / Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on
Purchasing report. For specific information regarding work order thresholds, please refer to the Contract
Administration Procedures, Section III.C.4.
CURRENT COMPLETION DATE (S):ORIGINAL: l;;:l/b/o~
CURRENT: y;'6~b
.
Agenda Item No. 16F1 F
August9,2005
Page 45 of 48
...
..
Agenda Item No. 16F1
September 13, ?g05
Page 86 of )51
CONTRACT/WORK ORDER MODIFICATION
CHECKLIST FORM
PROJECT NAME: Four (4) C.A. T. Bus Shelter
PROJECT #: 61010
BIDIRFP *: 04 - 3614 MOD #: 1 PO # : 4S000458S7 WORK ORDER # : TW-MA - 05 . 20
DEPARTMENT: Transportation ATM
Original Contract Amount:
$ 7,530.00
(starting Point)
$7}AO.80 N/A pi!.-> --
(Last Total Amount Approved by the BCC)
Current BeC Approved Amount:
Current Contract Amount:
$7,530.00
(Including All Changes Prior To This Modification)
Change Amount:
$ 285.00
Revised ContractlWork Order Amount: $ 7,815.00
(Including This Change Onier)
Cumulative Dollar Valne of Changes to this ContradlWork Order: $ ~H'. 'J.!KGco PI!-
Date of Last BCC Approval: N.A. Agenda Item it : N.A.
Percentage of the change over/under current contract amount 3.78%
Formula: (CUrrent Amount I Last BCe approved amount)-1
Results and Actions: If the change exceeds 100k BCC approval is required: under 10%
reported to BCe on Purchasing report. For specific information regarding work order
thresholds, please refer to the Contract Administration Procedures, Section 11I.0.4.
CURRENT COMPLETION DATE (S):ORIGINAL: 322 Days - (PO Issuance Date May 19,
2005, Notice to Proceed Date May 27,2005 to April 13. 2006) CURRENT: 322 Days - (PO
Issuance Date May 19, 2005, Notice to Proceed Date May 27,2005 to April 13, 2006)
SUMMARY OF PROPOSED CHANGE (5): Identify the changes.' The Design Professional
has been directed to stop work on the design of a C.A.T. Bus Shelter on US 41 south of 98th
Ave. No. and redesign a C.A.T. Shelter south of 99th Ave. No. As a result of this change
additional Fees wilt be incurred of $285 to complete the new site tasks in the Revised Scope of
Services/Fee Matrix attached in McGee & Associates Transmittal Letter dated July 14, 2005.
JUSTIFICATION FOR CHANGE (9): What value or benefit do these changes provide to
the project? Purchasing Policies require that a Change Order to the Work Order with an
accompanying Contract Modification Checklist Form to add costs for additional Scope of
Services.
Agenda Item No. 16F1F
August 9,2005
Page 47 of 48
-.
Agenda Item No_ 16F1
September 13, 2QQ))
Page 87 of 1~~
The Design Professional has indicated in their Transmittal dated July 14, 2005, (cop~ attached)
that additional work is required to redesign a C.A.T. Shelter on US 41 south of 99 Ave. No.
from its original specified location of south of 98th Ave. No.
Diane Flagg has reviewed the additional Scope and has no objection. (See attached e-mail
dated July 18, 2005 11 :34 AM.
PARneS CONTACTED REGARDING THE CHANGE: Purchasing, ATM Director, and the
Design Professional
IMPLEMENTAnON STEPS (Verify each before proceeding with change using V, N or
N/A)
~ Proposed change is consistent with the scope of the existing agreement
Prpposed change is in fact an addition or deletion to-the.existing.scoP9__ . ... ..
Y Change is being implemented in a manner consistent with the existing agreement
~ The appropriate parties have been consulted regarding the change
.:i.. Proposed prices. fees and costs set forth in the change are reasonable
PROJECT MANAGER RECOMMENDAnON: This form is to be signed and dated.
APPROVEBY~ro~ ~: ;w/di..,,~~
REVIEWED BY: 'r n~ . Date:
Contract Specialist ·
Revised 412512005
Agenda Item No. 16F1 F
August 9, 2005
Page 48 of 48
Agenda Item No. 16F1
September 13, 2005
Page 88 of 151
EXECUTIVESU~Y
Recommendation to Affirm the County's Participation in the Preferred Pricing
Program Offered by Moody's Investors Service in order to receive a 40% Discount
on Bond Rating Fees
Objective: To minimize the cost of issuance for all County bonds transactions by
participating in the Preferred Pricing Program (40% discount) offered by Moody's
Investors Service.
Considerations: Rating agencies review and rate the creditworthiness of all bonds
issued by Collier County. This provides investors with independent evaluations of the
revenue source securing the debt. For each bond issue Collier County requests ratings
from at least two (and typically three) rating agencies. The principal firms providing
these services to Collier County include Standard and Poor's, Moody's Investors Service,
and Fitch Ratings.
Moody's Investors Services offers a Preferred Pricing rating fee that is 40 percent below
standard fees for issuer clients who meet the following requirements:
. The issuer intends to have all future debt rated by Moody's.
. The issuer has issued Moody's rated bonds or notes during the past 12 months.
. All previously billed rating fees have been paid.
Collier County meets all of the criteria outlined above. In addition, the first requirement
above reflects that the county "intends" to have all future debt rated by Moody's;
Moody's Investors Service has historically rated all Collier County bonds. As such, it is
to the County's advantage to participate in the Preferred Pricing program to receive the
40% discount. This program was recommended to staff by the County's Financial
Advisor.
participation in the program was brought to the County Manager's attention on July 27,
2005. In order to take immediate advantage (see fiscal impact) of the 40% discount, an
application to participate in the program was faxed to Moody's on July 27,2005.
Approval of this program application by the County Manager is subject to formal
ratification by the Board of County Commissioners. If the decision by the County
Manager is not ratified by the Board, participation in this Preferred Pricing program shall
not be enforceable against Collier County only to the extent authorized by law in the
absence of such ratification by that Board.
Agenda Item No. 16F1 G
August 9, 2005
Page 1 of 6
Agenda Item No. 16F1
September 13, 2005
Page 89 of 151
Fiscal Impact: As noted above, participants in the preferred pricing program receive a
40% discount from standard rating fees charged by Moody's Investors Service. The
County's Financial Advisor contacted Moody's on behalf of staff and Moody's agreed to
apply the 40% discount to the bond rating fee associated with the recently issued Series
2005 Gas tax Revenue Bonds. Therefore, the bond rating fee on the Series 2005 Gas Tax
Revenue bonds was reduced from $40,000 to $24,000 thereby providing an immediate
savings of$16,000 on the cost of issuing these bonds.
Growth Management Impact: There is no growth management impact associated with
this Executive Summary.
Recommendation: That the Board of County Commissioners:
1. Affirms the County's participation in the Moody's Investors Service Preferred Pricing
program for bond ratings on public debt transactions.
Submitted by: Michael Smykowski, OMB Director
Agenda Item No. 16F1G
August 9, 2005
Page 2 of 6
Agenda Item No. 16F1
September 13. 2005
Page 90 of 151
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16F1G
Meeting Date:
To minimize the cost of issuance for all County bonds transactions by participating in the
Preferred Pricing Program (40% discount) offered by Moody's Investors Service,
8/9/2005 9:00:00 AM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
8/5/2005 4:50 PM
Approved By
James V. Mudd
County Manager
Date
Board of Cou nty
Commissioners
County Manager's Office
8/8/2005 9:35 AM
Agenda Item No. 16F1G
August 9, 2005
Page 3 of 6
Agenda Item No. 16F1
September 13, 2005
Page 91 of 151
~
t~,
-
Moody's Investors Service
99 Church Street
New York, NY 10007
212-553-0300
Moody's Application for Preferred Pricino
Moody's Investors Service values our clients who request our Municipal Bond Ratings for all of
their public debt transactions. Therefore we are pleased to offer a Preferred Pricing rating fee
schedule that is 40 percent below standard fees for issuer clients who meet the following
requirements:
1. Issuer intends to have al/ future debt rated by Moody's.
2. The issuer has issued Moody's rated bonds or notes during the past 12 months.
3. All previously billed rating fees have been paid.
A preferred pricing client will continue to receive the 40% discount from standard rating fees as
long as Moody's rates all the client's future debt issues and the client has at least one billable
debt sale every 12 months.
In addition, Preferred Pricing clients benefit from a waiver of fees for a Moody's Issuer Rating or a
Moody's rating on any Bond Anticipation Note.
It is understood that Moody's ratings are subject to revision or withdrawal by Moody's at any time,
if any information (or lack of information) warrants such action, in the soJe opinion of Moody's.
Moody's does not guarantee the correctness of any information, rating, or communication relating
to the undersigned. Moody's shall not be liable to the undersigned for any loss or injury caused,
in whole or in part, by any negligence on the part of, or any contingency beyond the control of,
Moody's, or any of its employees or agents, in the procuring, compilation, analysis interpretation,
communication, dissemination or delivery of any information or rating relating the undersigned.
The undersigned agrees to pay a fee for all public debt transactions in accordance with the
Preferred Pricing schedule on the reverse of this application.
Issuer Name: Callier County Government
Issuer RepresentativefTitle: JAMES V. MUDD. COUNTY MANAGER
Address: 3301 Tamiami Trail East
City: Naples State: FL Zip Code:34112
Telephone: 239-774-B3~~ ~;Number: (239) 774-4010
Signature-:..../ ~Date: July 27. 2005
Agenda Item No. 16F1G
August 9, 2005
Page 4 of 6
...
.
Agenda Item No. 16F1
September 13, 2005
Page 92 of 151
-Moody's Public Finance Group
...005 Rating Fee Schedule
General Obligation Bonds, Revenue Bonds and Special Tax Bonds
Page 10f2
Moody's rating fees are shown in the schedule below.
Initial fees for Long Term Fixed Rate transactions are as follow!
.
GENERAL OBLIGATION BONDS REVENUE, LEASE & SPECIAL TAX BONDS
PREFERRED PREFERRED
ISSUE STANDARD PRICING ISSUE STANDARD PRICING
SIZE FEE FEE. SIZE FEE FEE.
Less than $1 miL" $4,375 $3,250 Less than $1 miI." $6,SOO $4,000
$1 mil to 52.9 mil. 55,300 $3,250 $1 mil to $2.9 miL 56,800 54,000
53 mil. to 54.9 mil. 56,500 54,000 $3 mil. to $4.9 mil. 56,800 54,000
$5 mil. to 59.9 mil 58,275 $5,000 $5 mil. to $9.9 mil 510,900 56,500
$10 mil. to $14.9 mil. $9,500 55,750 510 miL to 514.9 mil 512,000 57,250
.~$15 mil. to $19.9 mil. 510,600 $6,250 $15 mil. to 519.9 mil. $13,250 $8,000
10 miL to 524.9 mil. 512,SOO 57,500 520 mil. to $24.9 mil. $15,2SO 59,150
...25 mil. to $34.9 mil. $14,150 $8,500 $25 mil. to $34.9 mil. 517,000 $10,2SO
535 mil. to 544.9 miL 515,7SO 59,450 535 miL to 544.9 mil. S19,OOO $11,500
S45 mil. to $54.9 miL $17,550 $10,550 545 mil. to $54.9 mil. S21,700 513,000
$55 mil. to 564.9 miL 519,500 $11,750 555 mil. to 564.9 miL 524,500 $14,750
$65 mil. to 574.9 miL $21,250 512,750 565 mil. to 574.9 mil. $27,000 516,250
$75 mil. to 584.9 miL 524,150 $14,SOO 575 mil.t 8 . \~.' '.~;.'~~!~>1Zaar
~5i"--<~.;'.'~if:' -
585 mil. to 599.9 mil. 528,350 517,000 l$85~Q1: ~1. ., ;,:~:~i;f~1J~~~~A: :
iJ~~'~~~J"il'l;'(""~'" ',......"...olf.
S100 mil. up to 51 bil. 3.25 Basis 60% of "S100 mil up to $I bU. 4.00 Basis Pts. to 60% of
Pts. to a max Staodard a max of Standard
of 585.000 Fee $120.000 Fee
$1 bil. up to 52 bU. 5104,500 562,700 $1 bU. up to $2 bU. 5130,000 $78,000
$2 bi.. and over $126,500 575,900 52 bil. aod over 5150,000 . $90,000
Agenda Item No. 16F1G
August9,2005
Page 5 of 6
~...
Agenda Item No. 16F1
September 13, 2005
Page 93 of 151
Moody's Public Finance Group
2005 Rating Fee Schedule
General Obligation Bonds, Revenue Bonds and Special Funds
Page 2 of2
Variable Rate I$sues:
Initial and ann6al tees for Variable Rate issues are as follows:
Initially: Additional $5000 added to the long term fees.
Annual Fees (based on principal amount):
Less than $5m $1,100
$5m - $9.9m $3,300
$10 and over $5,500
Amendments to existing variable rate transactions:
$500 Applies to extensions of credit enhancement where applicable.
$5,000 Applies to substitution of credit or liquidity enhancement
$5,000 - S10,000 , Applies to conversions to fixed rate. Fee may vary according to issue size and complexity.
$7,500 00 Applies to complex substitutions. (Le. when the replacement credit or liquidity enhancement creates a new
security structure).
$10,000 Applies to restructuring of security.
Postponed/Canceled Sales
The fee for an issue that has been assigned a rating and is subseqently canceled or postponed will be 60o/00fthat which
would have been applicable had the issue sold The fee is payable at the time of cancellation or postponement If the
issue sells within six months, the balance of the original fee will be invoiced.
In-dfcativeRating Service __ ___
The fee for an issue that has been assigned a prelimary rating indicator will be 60010 of the standard fee. If an
application for a public rating is received within one year of the assignement of the indicative rating, the indicative
rating fee will be credited against the charges outlined on the current fee schedule.
Preferred Pricing
"'Preferred Pricing is applied only in circumstances where Moody's has rated an issue during the prior 12 months, all of the issuer's
obligations are rated by Moody's or ifnot rated, the issuer has agreed that all future debt issues will be rated by Moody's, and there
are no outstanding unpaid rating fees. Moody's normal BAN rating fees are waived for preferred pricing clients that issue Moody's rated
debt (other than BANs) at least once each calendar year. If only BANs are issued in subsequent years, they will be billed at the preferred
pricing fee.
"Preferred Pricing clients issuing bonds in the amount of$5oo,000 or less would be charged $1,500.
Complex Financings
Moody's may charge an additional fee of up to S50,000 for certain types of complex financings. Please contact the Moody's manager
responsible for your sector to discuss whether such complex deal fees apply to a planned financing.
Rapid Turnaround Fee
A fee of up to $5,000 may be charged at Moody's sole discretion if there is a request for expedient delivery of a rating.
Moody's reserves the right to change rating fees without prior notification.
Pooled financings, letters of credit and structured issues are not included in any of the above rates.
AIl inquiries may be directed to Lucille Treglia or Michelle Bolino at (212) 553-4055.
Agenda Item No. 16F1G
August 9, 2005
Page 6 of 6
Agenda Item No. 16F1
September 13, 2005
Page 94 of 151
EXECUTIVE SUMMARY
Recommendation for the Board of County Commissioners to approve a Journal
Entry Request to transfer funds in the amount of $2,405.01 from the General Fund
(001) into the Transportation Disadvantaged Fund (126) for the sale of surplus
vehicles.
OBJECTIVE: To transfer funds from the General Fund (001) to the Transportation
Disadvantaged Fund (126) for the sale of 2 surplus vehicles from the Cmmty Auction.
CONSIDERATIONS: On April 9, 2005 the County held a surplus auction that included
2 vehicles that were purchased with grant funds under the Transportation Disadvantaged
Program. Transportation was under the understanding that the proceeds from the sale
would be returned to the Transportation Disadvantaged budget to be used towards the
purchase of replacement vehicles. The executive summary that was presented to the
BCC as a report on the gross revenue from the auction placed these funds in the Geneml
Fund. This executive summary is to request approval of a journal entry to be processed
by the Finance Department to move the proceeds from the Geneml Fund and place them
in the Transportation Disadvantaged budget Fund (126).
Approval of this journal entry by the County Manager is subject to formal ratification by
the Board of County Commissioners. If the decision by the County Manager is not
ratified by the Board, this budget amendment shall not be enforceable against Collier
County only to the extent authorized by law in the absence of such mtification by that
Board.
FISCAL IMP ACT: Approval of the journal entry is needed to move funds that were
deposited into the General Fund (001) after the auction and put them in the
Transportation Disadvantaged Fund (126) in the amount of $2,405.01.
GROWTH MANAGEMENT IMP ACT: There is no Growth Management Impact
resulting from this action.
RECOMMENDATION: That the Board of County Commissioners approve the journal
entry by the Finance Department and authorize proceeds from future sales of Transit
vehicles to be deposited within the Transit budget.
Prepared By: Sharon Newman, Transportation Accounting Supervisor
Attachments: (1) Certificate of Title for each vehicle, (2) FDOT E-mail on Release of
Lien (3) Original Executive Summary allocating funds from the auction.
Agenda Item No. 16F1 H
August 9, 2005
Page 1 of 6
1
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16F1
September 13, 2005
Page 95 of 151
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16F1H
Recommendation for the Board of County Commissioners to approve a budget amendment
to transfer funds in the amount of $2,405.01 from the General Fund (001) into the
Transportation Disadvantaged Fund (126) for the sale of surplus vehicles.
8/9/2005 900:00 AM
Approved By
Sharon Newman
Transportation Services
Accounting Supervisor
Date
Transportation Administration
8/5/2005 10:35 AM
Approved By
Norm E. Feder, AICP
Transportation Services
Transportation Division Administrator
Date
Transportation Services Admin.
8/5/2005 1 :26 PM
Approved By
Pamela J. Lulich
Transportation Services
Project Manager
Date
Alternative Transportation Modes
8/5/2005 1 :46 PM
Approved By
Lisa Hendrickson
Transportation Services
Management/Budget Analyst
Date
Alternative Transportation Modes
8/5/2005 2:23 PM
Approved By
Pat Lehnhard
Transportation Services
Executive Secretary
Date
Transportation Services Admin
8/5/2005 3: 26 PM
Approved By
OMB Coordinator
County Manager's Office
Administrative Assistant
Date
Office of Management & Budget
8/5/2005 3:56 PM
Approved By
Diane B. Flagg
Transportation Services
Director of Alternative Transportation
Modes A TM Director
Date
Alternative Transportation Modes
8/11/20053:34 PM
Approved By
Michael Smykowski
County Manager's Office
Management & Budget Director
Date
Office of Management & Budget
8/16/20059:18 AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
8/16/20057:25 PM
Agenda Item No. 16F1H
August 9, 2005
Page 2 of 6
Agenda Item No. 16F1
September 13, 2005
Page 96 of 151
EXECUTIVE SUMMARY
Report to the Board of County Commissioners concerning the sale and transfer of items
associated with the county surplus auction of April 9, 2005, resulting in $490,227.00 in
gross revenues.
OBJECTIVE: To present the results of the recent County property auction to the Board of
County Commissioners for ratification.
CONSIDERATION: On March 22, 2005, the Board of County Commissioners authorized staff
to conduct an auction of specified County-owned assets for the purpose of disposing of these
items and generating revenues for the County. Due to planned construction at the Govemment
Center, the sale was conducted for the first time at the Collier County Fairgrounds.
The April 9, 2005 audion generated $490,227.00 in adual gross revenues and $421,071.43 in
net revenues (Le. revenues less expenses). The auctioneer's commission is $39,218.16.
Surplus expenses, totaling $29,937.41, include rent and maintenance costs for the surplus
storage unit, and gravel that was put down at the Collier County Fairgrounds. This auction
included vehicles and office equipment.
FISCAL IMPACT: All revenues have been deposited into and all expenses have been paid
from the General Fund. Net revenues (remaining revenues after expenses) have been
allocated as follows:
DEPARTMENT FUND GROSS EXPENSES NET
Solid Waste 470 $ 2,000.00 $ 282.14 $ 1,717.86
Public Utilities Division 408 $ 79,940.00 $ 11,277.01 $ 68,662.99
Airoort Authoritv 495 $ 5,419.75 $ 764.56 $ 4,655.19
General Fund 001 $ 402,867.25 $ 56,831.86 $ 346,035.39
TOTALS $ 490,227.00 $ 69,155.57 $ 421,071.43
GROWTH MANAGEMENT IMPACT: This will not affect the Growth Management Impact.
RECOMMENDATION: That the Board of County Commissioners accept and ratify the revenues
for the County Auction held on April 9, 2005, pursuant to the itemized sales report attached
herein.
PREPARED BY: Sue Hebbe, Purchasing Technician, Purchasing Department
Agenda Item No. 16F1H
August 9, 2005
Page 3 of 6
newman s
-
Agenda Item No. 16F1
September 13, 2005
Page 97 of 151
From:
Sent:
To:
Cc:
Subject:
richard .shine@dot.state.fI.us
Tuesday, June 28,20051:58 PM
newman_s
HendricksonLisa
Collier County: FOOT Vehicle Inventory Control Numbers 181049 and 181050 - Release
of Certificates of Title
Ms. Newman,
According to Department records maintained at the Central Office in
Tallahassee:
Vehiel~ 191049 h~ct it~ ~icn relea5ed on Decemb@r 9, 2003.
Vehicle 181050 had its lien released on December 17, 2001.
Please be certain to match the Department's Vehicle Inventory Control Numbers to the
Vehicle Identification Numbers (VlN) to ensure all records are consistent and correct.
As I mentioned when we spoke this morning, the Certificates of Title the Department
released to Collier County show the signature of the person who signed for the Department
to release the liens, and the dates of his or her having done so.
Sincerely,
Richard P. Shine
Florida Department of Transportation, District One
Modal Development Office / Public Transit
South West Urban Area Office
Post Office Box 1030
Fort Myers, Florida 33902-1030
Telephone: 239-461-4300 / SunCom 741-4300 / FAX: 239-338-2353
E/mail: Richard.Shine@dot.state.fl.us
Public transportation program management for, and Local Coordinating Board
for the Transportation Disadvantaged member in,
Charlotte, Collier, DeSoto, Glades, Hendry, and Lee Counties.
Rural Transit Advisory Program / Florida Vehicle Procurement Program / Federal Transit
Administration Section 5310 (Transportation for the Elderly
and Persons with Disabilities Program).
1
Agenda Item No. 16F1H
August 9, 2005
Page 4 of 6
,------..~""'.~-~_.. ,~.,,'...._.
> --'"" ..~...,.I.-'~ .-.".,...-. ..
Agenda.ltem.No. .16F1
September 13, 2005
Page 98 of 151
{q 00 ~ (
~ """
Agenda Item No. 16F1 H
August9,2005
Page 5 of 6
t bOObb
l!) to
.....~
-.
I
Agenda Item No. 16F1
September 13, 2005
Page 100 of 151
Summary of Executive Summaries Approved in the Board's Absence for 8/23/2005
16F11. Recommend Approval of Work Order #HM-FT -05-06 to Contract #01-
3271 with Humiston & Moore for Hideaway Beach Post Construction
Surveys, Initial Post Construction Monitoring Survey, Record
Drawings and Final Certification Project 90502 for the amount of
$77,633, and approve a Budget Amendment of $250,000 for the
Humiston and Moore post construction work.
16F1J. Approval of budget amendments 05-509
16F1 K. To provide funding for restoration and exhibit development at the
Naples Depot.
16F1 L. Recommendation to award Bid No. 05-3878 Eagle Lakes Community
Park Phase II Interactive Water Feature to Bradanna, Inc. in the
amount of $264,946.
,,,>"".t,
16F1 M. Recommendation to approve two Work Orders under Contract #00-
3119, Fixed Term Contract for Professional Utilities Engineering
Services, with Greeley & Hansen LLC for the 2005 Water and
Wastewater Master Plans Updates, and include funding for Rate and
Impact Fee Studies, Project Numbers 70070, 75007, and 73066, in the
total amount of $345,106; and four Budget Amendments in the total
amount of $345,106.
16F1 N. Recommendation to approve a Budget Amendment transferring a
total amount of $111,923.53 into two (2) ongoing Stormwater
projects; $15,000.00 for the County Wide Swale Improvements
(Project No. 510071) and $96,923.53 for the Wiggins Pass Outfall
project (Project No. 512122).
16F10. Recommendation for the Board of County Commissioners to
approve a budget amendment to transfer funding from the
completed Goodlette Frank Road Project (PRR - VBR) 60134, to the
Goodlette Frank Road Project (GGPKWY - Pompei Lane) 60005
Project in the amount of $1,300,000.
16F1 P. Recommendation to approve a Budget Amendment to appropriate
Building Maintenance Special Service and Insurance Refund
revenues totaling $78,000 and Security Special Service revenues
totaling $25,000 for reimbursement of personal and operating
expenses in Fiscal Year 2005.
16F1 Q. Recommendation to approve the Release and Satisfaction of Lien
for the following Code Enforcement action; Color Communications,
Inc.; CEB 2004-64.
,f"......i.
Agenda Item No. 16F1
September 13, 2005
Page 101 of 151
16F1 R. Recommendation to approve the use of transit enhancement funds
(313) to purchase a heavy-duty transit bus under Florida Public
Transportation Association/Harline contract 2003-07-01, trolley decal
wrap and necessary equipment (in the estimated amount of
$286,500).
16F1 S. Recommendation to approve sole source purchase of ResQPOD
Circulatory Enhancer in the amount of $35,600.00.
16F1T. That the Board Approve an Agreed Order and Authorize Payment of
Expert Fees in the Lawsuit Styled Collier County v. GJR of Naples,
Inc., et aI., Case No. 02-2212-CA, Immokalee Road Project #60018).
(Fiscal Impact: $7,700.00).
~ ...-'
",..,.......
,l....,.'-..
Agenda Item No. 16F1
September 13, 2005
Page 102 of 151
EXECUTIVE SUMMARY
Recommend Approval of Work Order #HM-FT-05-06 to Contract #01-3271
with Humiston & Moore for Hideaway Beach Post Construction Surveys,
Initial Post Construction Monitoring Survey, Record Drawings and Final
Certification Project 90502 for the amount of $77,633, and approve a Budget
Amendment of $250,000 for the Humiston and Moore post construction
surveys and to provide funds for potential claims from Marine Contracting
Group. Additional revenue from Hideaway Beach Homeowners Association
will offset these budget increases.
OBJECTIVE: Approve post construction monitoring as required by Florida Department of
Environmental Protection (FDEP) permit at Hideaway Beach and a Budget Amendment that
funds the post construction monitoring and provides funds for anticipated claims from Marine
Contracting Group, the structures contractor for the Hideaway Beach re-nourishment project.
CONSIDERATIONS: Approval of Work Order #HT-FT-05-06 for $77,633 is required as a
condition of the FDEP permit. A seagrass survey is specified in August 05 and then again in
September 05 before the normally occurring annual seagrass die-off in the fall. This die-off is
controlling the timing of this request. The CAC has approved this Work Order in it's August 11,
2005 meeting.
The balance of the requested funds of $172,367 will be available for potential claims anticipated
by Marine Contracting Group for additional work performed during turtle season and delays
beyond their control. These potential claims will be presented to the CAC, TDC and BCC for
review and approval when staff is ready to present its recommendations. Authorization of this
Budget Amendment only provides the availability of the funds once approved by the
commissioners.
Additional revenue from Hideaway Beach Homeowners Association will offset these budget
increases. Based on final costs, which will be available in 90 days, the Homeowners Association
contribution is expected to be in excess of $2,800,000. This represents and increase of
approximately $200,000 over the previously projected amounts.
The TDC will be reviewing this item at their August 22, 2005 meeting and the budget
amendment will be reviewed by the CAC on September 8, 2005.
Approval of this work order and budget amendment by the County Manager is subject to formal
ratification by the Board of County Commissioners. If the decision by the County Manager is
not ratified by the Board, this work order and budget amendment shall not be enforceable against
Collier County only to the extent authorized by law in the absence of such ratification by that
Board.
Agenda Item No. 16F11
August 23, 2005
Page 1 of 7
-,
Agenda Item No. 16F1
September 13, 2005
Page 103 of 151
ADVISORY COMMITTEE RECOMMENDATIONS:
Coastal Advisory Committee: On August 11, 2005 the CAC recommended 8/0 approval of
Work Order HM-FT -05-06
COUNTY ATTORNEY FINDING: NI A
FISCAL IMP ACT: Funds will be provided from the 195 Fund. The closing of approximately
11 projects prior to the end of FY 05 will remit approximately $750,000 back into reserves.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan
related to this action.
RECOMMENDATION: Approve Work Order #HM-FT-05-06 to Contract #01-3271 with
Humiston & Moore for Hideaway Beach Post and the Budget Amendment for $250,000, and
authorize the Tourism Director to execute the Work Order.
PREPARED BY: Gary McAlpin, Coastal Project Manager
Agenda Item No. 16F11
August 23, 2005
Page 2 of 7
Agenda Item No. 16F1
September 13, 2005
Page 104 of 151
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16F11
Recommend Approval of Work Order #HM-FT-05-06 to Contract #01-3271 with Humiston &
Moore for Hideaway Beach Post Construction Surveys, Initial Post Construction Monitoring
Survey, Record Drawings and Final Certification Project 90502 for the amount of $77,633,
and approve a Budget Amendment of $250,000 for the Humiston and Moore post
construction work
Meeting Date:
81231200590000 AM
Prepared By
Gary McAlpin
Costal Project Manager
Date
County Manager's Office
Tourism
8/1912006 1 :31: 04 PM
Approved By
Jack Wert
Tourism Director
Date
County Manager's Office
Tourism
8119/2005 1 :46 PM
Approved By
Gary McAlpin
Costal Project Manager
Date
County Manager's Office
Tourism
8/19/2006 1 :67 PM
Approved By
OMB Coordinator
Applications Analyst
Date
Administrative Services
Information Technology
8/23120068:24 AM
Approved By
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
8/23/2005 12:00 PM
Approved By
Michael Smykowskl
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
8/26/200510:14 AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
8/2612005 11 :02 AM
Agenda Item No. 16F11
August23,2005
Page 3 of 7
Agenda Item No. 16Fl
September 13.2005
Page 105 of 151
WORK ORDER # HM-FT05-06
Agreement for Fixed Term Professional Engineering Services
Dated: November 13,2001 (Contract #01-3271)
This Work Order is for professional engineering services for work known as:
Hideaway Beach Post Construction Surveys, Initial Post Construction Monitoring Survey, Record
Drawings, and Final Certification
In accordance with Terms and Conditions of the Agreement referenced above, Work Order # HM-
FT05-06 is assigned to: Humiston & Moore Engineers
Scope of Work: Services as directed by Collier County staff, to include
* Task I
* Task II
* Task III
* Task IV
* Task V
- Post construction survey of the grass beds
- Post construction survey of the borrow area
-Conduct first post construction monitoring survey
-Post construction report and record drawings
-Presentations Meetings
Schedule of Work: Complete work within 60 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 Fixed Term Contract Rate Schedule on a Time & Material rate.
Task I
Task II
Task III
Task IV
Task V
$10,765.00
$ 8,252.00
$ 32,612.00
$ 23,504.00
2,500.00
TOT AL FEE
$77,633.00
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:
Gary McAlpin, Senior Project Manager
Tourism Department
Date
APPROVED BY:
Gary McAlpin, Senior Project Manager
Tourism Department
Date
APPROVED BY:
Jack Wert, Director
Tourism Department
Date
ACCEPTED BY:
Humiston & Moore
Signature of Authorized Company Officer
Kenneth K. Humiston, President
Date
Type or Print Name and Title
Agenda Item No. 16F11
August 23, 2005
Page 4 of 7
HUMISTON
& MOORE
ENGINEERS
Agenda Item No. 16F1
September 13, 2005
Page 106 of 151
COASTAL
ENGINEERING DESIGN
AND PERMITTING
5679 STRAND COURT
NAPLES, FLORIDA 34110
FAX:239 594 2025
PHONE: 239 594 2021
August 2, 2005
Mr. Gary McAlpin
Collier County Public Utilities Engineering Department
3301 East Tamiami Trail, Building H
Naples, FL 34112
Re: Revised Proposal for Hideaway Beach Post Construction Surveys, Initial Post
Construction Monitoring Survey, Record Drawings, and Final Certification,
H&M File No. 15028
Dear Gary:
As requested, we are providing this revised proposal for assisting the county with post
construction surveys, final certification, and fulfillment of regulatory requirements. This
revision makes this entire proposal for services on a Time & Materials basis. The
budgets for these tasks may therefore be considered as not-to-exceed amounts with the
understanding that in the event regulatory requirements, construction delays, or requests
from County staff result in costs above these budget amounts, a budget amendment will
be requested. The scope of work under this proposal is as follows:
I. Additional Services
1. Conduct a post construction survey of the grass beds which were documented
during the preconstruction period, as required by regulatory agencies. This item
consists of two surveys, one to be conducted in August and one in
September/October. This task includes preparation of a report evaluating effects
the project may have had on grass beds through comparison of preconstruction
and post construction conditions.
Time & Materials Budget...................$ 10,765
2. Conduct a post construction survey of the borrow area consisting of 32 offshore
profiles consistent with the preconstruction survey for the purpose of
documenting excavated quantities and any related changes in adjacent shoal
configuration. This data will be used as a baseline against which shoal recovery
will be measured during subsequent monitoring events as required by the
regulatory agencies.
Time & Materials Budget...................$ 8,252
3. Conduct the first post construction monitoring survey to establish the basis of
comparison for followup monitoring consistent with the monitoring plan approved
by the Department of Environmental Protection. This scope of work consists of
70 upland and offshore profiles plus an additional 16 offshore profiles.
Time & Materials Budget...................$ 32,612
Page 1 of 2
Agenda Item No. 16F11
August 23, 2005
Page 5 of 7
Agenda Item No. 16F1
September 13, 2005
Page 107 of 151
4. Post Construction Report and Record Drawings. This task includes preparation
of a post construction report as required by the regulatory agencies, documenting
post construction conditions in comparison to preconstruction conditions and
computation of quantities placed on the beach as well as quantities removed
from the borrow area, utilizing pay quantity surveys completed by weeks Marine
as well as post-construction monitoring surveys, submittal of the required
Certification of Completion to DEP, and preparation of a set of record drawings of
post-construction conditions as documented by the post construction survey.
Time & Materials Budget...................$ 23,504
5. Making presentations or attendance at meetings as may be requested by county
staff.
Time & Materials Budget...................$ 2,500
Total amount of Proposal..................$ 77,633
Please note that the basic services costs are approximately 62% sub consultant services
for surveying and data collection and 38% H&M professional services for coordinating
sub consultant activities, processing data, computation of quantities, and preparation of
documents for submittal to the regulatory agencies.
As indicated above, the Additional Services tasks will be billed on a time and materials
basis. The budgets for these tasks may therefore be considered as not-to-exceed
amounts with the understanding that in the even' regulatory requirements, construction
delays, or requests from County staff result in costs above these budget amounts, a
budget amendment will be requested.
Sincerely yours,
HUMISTON & MOORE ENGINEERS
/< e-,. #,~;1-;n /~ ~
Kenneth K. Humiston, P.E.
Page 2 of 2
Agenda Item No. 16F11
August 23, 2005
Page 6 of 7
Agenda Item No. 16F1
September 13, 2005
Page 108 of 151
Hideaway Beach Post Construction Survey - Grass beds & borrow area
Initial Post Construction Monitoring Survey
Record Drawings & Final Certification
Presentation or attendance at meetings
Submitted as an attachment to
Revised proposal dated 8/2/5
RATE/UNIT HOURS/QTY COST HOURS AMOUNT
PRINCIPLE ENGINEER. PE $ 154.00 61 $ 9,394.00
PROJECT MANAGER/SENIOR ENGINEER $ 103.00 49 $ 5,047.00
ENGINEER II $ 82.00 60 $ 4,920.00
ENGINEER I $ 72.00 46 $ 3,312.00
SENIOR TECHNICIAN $ 57.00 56 $ 3,192.00
TECHNICIAN $ 46.00 81 $ 3,726.00
ADMINISTRATIVE ASSISTANT $ 51.00 14 $ 714.00
PLOTTING, BOND $ 25.00 16 $ 400.00
PLOTTING. VELLUM $ 10.00 10 $ 100.00
Passarella $ 6,600.00 1.00 6,600.00 0.00% $ 6.600.00
D&W $ 2,000.00 1.00 2,000.00 0.00% $ 2.000.00
Sea Diversified $ 38,228.00 1.00 38,228.00 0.00% $ 38,228.00
EXPENSE 0.00 0.00% $
Estimated Budget $ 77,633.00
Agenda Item No. 16F11
August 23, 2005
Page 7 of 7
Agenda Item No. 16F1
September 13, 2005
Page 109 of 151
APPROVAL OF BUDGET AMENDMENT
Bee Absentia Agenda or August 23, 2005
Transportation Services (101)
Budget Amendment #05-509
Operating Expenses
Fleet Expenses
$3,000
Reserves
Reserve for Contingency
($3,000)
-0-
Total
Explanation: Funds are needed to cover Fleet fuel expenses due to escalating fuel costs.
Prepared by: Barbetta Hutchinson, Executive Secretary, OMB
Page 1 of 1
Agenda Item No. 16F1 J
August 23, 2005
Page 1 of 2
Agenda Item No. 16F1
September 13. 2005
Page 11 0 of 151
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
Meeting Date:
16F1J
Approval of budget amendments 05-509
8/23120059:00:00 AM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
8/23/2006 12:68 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
8/24/2006 2:49 PM
Agenda Item No. 16F1J
August 23, 2005
Page 2 of 2
Agenda Item No. 16F1
September 13, 2005
Page1110f151
EXECUTIVE SUMMARY
Recommendation to approve budget amendments to recognizing and appropriating
additional tourist development tax revenue and reduce carryforward for the Collier
County Museum
OBJECTIVE: To provide funding for restoration and exhibit development at the Naples
Depot.
CONSIDERATIONS: On April 12, 2005, the Board of County Commissioners
approved Ordinance 2005-18 increasing the Tourist Development Tax allocation to
County owned or operated museums from 19% to 22% of the 2% Tourist Development
tax. This change was approved to provide funding for operations and the required
improvements at the Naples Depot Museum. Ordinance 2005-18 became effective April
18, 2005, the date it was filed with Florida Secretary of State's Office. The additional
revenue allocated to County museums for the remainder of FY 05 is forecast to be
$134,000 for an annual FY 05 total of $1,335,600. A budget amendment is required to
recognize and appropriate the additional $134,000 in projected Tourist Development tax
revenue.
There is also $263,858 available to the County Museum resulting from additional Tourist
Development tax revenue received in FY 04. A budget amendment is required to transfer
this revenue from the TDC Museum category Fund (193) to the County Museum Fund
(198).
The FY 05 budgeted carryforward was overstated by $34,400 due to FY 04 expenditures
being greater than forecast during the FY 05 budget development cycle. A budget
amendment is required to reduce carryforward from $60,200 to $25,800.
The adjusted carryforward and additional Tourist Development tax revenue for FY 05
was included in the County Museum's budget request presented to the Board of County
Commissioners during the budget workshops held June 15 & 16,2005.
Approval of these budget amendments by the County Manager is subject to formal
ratification by the Board of County Commissioners. If the decision by the County
Manager is not ratified by the Board, these budget amendments shall not be enforceable
against Collier County only to the extent of the extent authorized by law in the absence of
such ratification by the Board.
FISCAL IMP ACT: Approving the attached budget amendments will increase the
County Museum budget (Fund 198) a net amount of $356,758.
GROWTH MANAGEMENT IMPACT: None.
Agenda Item No. 16F1K
August 23, 2005
Page 1 of 3
Agenda Item No. 16F1
September 13, 2005
Page 112 of151
RECOMMENDATION: That the Board of County Commissioners ratifies the County
Managers approval of the attached budget amendments for the Collier County Museum.
Prepared by: Gary Vincent, Budget Analystt Office of Management & Budget
."
Agenda Item No. 16F1K
August23,2005
Page 2 of 3
Agenda Item No. 16F1
September 13, 2005
Page113of151
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
Meeting Date:
16F1K
To provide funding for restoration and exhibit development at the Naples Depot.
8/23/20059:0000 AM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
8/31/20052:38 PM
Approved By
OMB Coordinator
Applications Analyst
Date
Administrative Services
Information Technology
8/31/2005 3 :59 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
8/31/20054:16 PM
Agenda Item No. 16F1K
August 23, 2005
Page 3 of 3
Agenda Item No. 16F1
September 13, 2005
Page 114 of 151
EXECUTIVE SUMMARY
Recommendation to award Bid No. 05.3878 Eagle Lakes Community Park
Phase II "Interactive Water Feature" to Bradanna, Inc. in the amount of
$264,946
Obiective: To make scheduled capital improvements to park facilities within budgetary
constraints.
Considerations: Phase II Improvements to Eagles Lakes Community Park include
construction of two tennis courts, two pavilions, and one interactive water feature;
moderate renovations/improvements to existing rest room facilities; the installation of a
new concrete sidewalk from the park entrance; construction of a new 3000 sq. ft. metal
maintenance building (including fire main extent ion to the new structure); and moderate
landscaping improvements.
At its July 27, 2005 meeting, the Board of County Commissioners rejected Bid No. 05-
3824 for Phase II Improvements to Eagle Lakes Community Park, due to the fact that the
sole bid received far exceeded budgeted funds for the project (Item 10K). Staff proposed
to revise the scope of work of the project and either reissue invitations to bid or use
vendors on continuing contract to accomplish the most pressing elements of Phase II
within budgetary constraints. Item 10K also authorized the County Manager to award a
contract in an amount not to exceed $300,000 for construction of the interactive water
feature in the BCC's absence in August.
Following that proposed course of action, invitations to bid on the interactive water
feature portion of the project were sent to 220 vendors. Bid documents stated that the
engineer's estimate for the project was $130,000. Bradanna, Inc. was the sole bidder at
$264,946. In order for this project to move forward on a timely basis, staff recommends
awarding the bid to Bradanna, Inc. as the lowest qualified responsive bidder.
Approval of this award by the County Manager is subject to formal ratification by the
Board of County Commissioners. If the decision by the County Manager is not ratified by
the Board, this award shall not be enforceable against Collier County only to the extent
authorized by law in the absence of such ratification by that Board.
Fiscal Impact: Funds are available within the Eagle Lakes Community Park Phase II
Improvements Project (80014) in the Unincorporated Community and Regional Park
Impact Fee Fund (346).
Growth Manaaement Impact: The value of the improved facility will be inventoried
in the Growth Management Plan.
Agenda Item No. 16F1 L
August 23, 2005
Page 1 of 4
Agenda Item No. 16F1
September 13. 2005
Page 115 of 151
Recommendation: That the Board of County Commissioners awards Bid No. 05-3878
Eagle Lakes Community Park Phase II "Interactive Water Feature" to Bradanna, Inc. in
the amount of$264,946.
Prepared by: Amanda Townsend, Operations Analyst, Parks and Recreation
Agenda Item No. 16F1L
August23,2005
Page 2 of 4
Agenda Item No. 16F1
September 13. 2005
Page 116 of 151
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16F1L
Recommendation to award Bid No 05-3878 Eagle Lakes Community Park Phase II
Interactive Water Feature to Bradanna, Inc. in the amount of $264.946
Meeting Date:
8/23/2005 9:00:00 AM
Approved By
Kathy Carpenter Executive Secretary Date
Public Services Public Services Admin. 8/19/2006 9: 36 AM
Approved By
Brenda Brilhart Purchasing Agent Date
Administrative Services Purchasing 8/19/200610:61 AM
Approved By
Mike Hauer Acquisition Manager Date
Administrative Services Purchasing 8/19/20063:11 PM
Approved By
Marla Ramsey Public Services Administrator Date
Public Services Public Services Admin. 812212006 2:31 PM
Approved By
Wayne Boyer Director Date
Public Services Parks and Recreation 8/22/2006 4:31 PM
Approved By
Steve Carnell PurchasinglGeneral Svcs Director Data
Administrative Services Purchasing 812312005 8: 30 AM
Approved By
OMB Coordinator Applications Analyst Date
Administrative Services Information Technology 8123120069:02 AM
Approved By
Susan Usher Senior Management/Budget Analyst Date
County Manager's Office Office of Management & Budget 8124/2005 10: 69 AM
Approved By
Michael Smykowskl Management & Budget Director Date
County Manager's Office Office of Management & Budget 8/26/2006 10:20 AM
Approved By
James V. Mudd County Manager Date
Board of County
Commissioners County Manager's Office 81261200610:58 AM
Agenda Item No. 16F1 L
August 23, 2005
Page 3 of 4
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Agenda Item No. 16F1
September 13, 2005
Page 118 of 151
EXECUTIVE SUMMARY
Recommendation to approve two Work Orders under Contract #00-3119, Fixed Term
Contract for Professional Utilities Engineering Services, with Greeley & Hansen LLC for
the 2005 Water and Wastewater Master Plans Updates, and include funding for Rate and
Impact Fee Studies, Project Numbers 70070, 75007, and 73066, in the total amount of
$345,106; and four Budget Amendments in the total amount of $345,106.
OBJECTIVE: The public purpose is to posture the Collier County Water-Sewer District to
meet water and wastewater utilities demands over the next 20 years; to stay in regulatory
compliance; and to update the Water and Wastewater User Rates and Impact Fees.
CONSIDERATIONS: The 2005 Water and Wastewater Master Plans Updates provide a sound-
planning basis for an extensive capital improvement program. The Master Plans must reflect up-
to-date planning of water and wastewater capital projects for the five and twenty year planning
horizons. They are needed for updating the Capital Improvement Projects list and for creating the
2005 Annual Update and Inventory Report (AUIR). The high population growth rate in the
County in the last few years makes this Master Plans Update necessary. New Water and
Wastewater Plants, as well as wellfields that supply water to these Water Plants, plus
distribution, collection and storage systems need to be on line and operational before the dates
projected in the 2003 Water and Wastewater Master Plans Updates.
Finally, the Master Plan Updates are needed for updating impact fees and user rates. The District
will be addressing external financing needs in the spring of 2006. These needs will be addressed
via the issuance of revenue bonds. The County Financial Adviser and Bond Counsel have
advised staff that Bond Rating Agencies will look most favorably on recently updated user rates
and impact fees when they address the financial strength of the utility.
On July 26, 2005, the Board (BCe) rejected all proposals received under RFP #05-3813,
"Professional Services to Develop County Water and Wastewater Master Plans, with Rate
Structure and Impact Fee Studies." Staff subsequently commenced discussions with one of the
firms under annual contract to perform the update work.
On August 5, 2005, County Staff met with Greeley & Hansen (GH), the consultant that
performed the last three updates to the Water and Wastewater Master Plans, to discuss the
Master Plans Updating effort. On August 12, 2005, GH submitted a proposal of $279,906 for
Water and Wastewater Master Plan Updating Work, a cost which is comparable to the cost for
the 2003 Water and Wastewater Master Plans Updates despite increases in labor and
administrative costs.
.
In July, 2005, PRMG, the County's User Rate and Impact Fee consultant, submitted a proposal
with a total cost of $65,200 to perform the 2006 Water and Wastewater User Rates Studies and
Impact Fees Analyses.
Agenda Item No. 16F1 M
August 23, 2005
Page 1 of 13
Agenda Item No. 16F1
September 13, 2005
Page 119 of 151
Staff has reviewed and approved the above costs, and determined them to be fair and reasonable
based on staffs review of similar previous assignments in recent years and the recent
negotiations under RFP #05-3813.
The Master Plans are expected to be presented to the BCC for adoption in April 2006 followed
by updates to the rates, impact and other special fees in May. In order to meet this deadline,
Staff has requested advance approval "In Absentia" from the County Manager.
The Purchasing Department and the County Clerk's Finance and Accounting Division have
reviewed the information contained in this Executive Summary and the corresponding
attachments.
Approval of this Executive Summary by the County Manager is subject to formal ratification by
the Board of County Commissioners. If the decision by the County Manager is not ratified by
the Board, this Executive Summary shall be enforceable against Collier County only to the
extent authorized by law in the absence of such ratification by that Board.
FISCAL IMPACT: The Water Master Plan Update will be funded 50% from Fund 411 (Water
Impact Fee) and 50% from Fund 412 (Water User Fee). The Wastewater Master Plan Update
will likewise be funded 50/50 from Funds 413 and 414. In order to accomplish this, two new
projects will be created - 750071 in Fund 412 and 750072 in Fund 414. PRMG's Rate and
Impact Fee Proposal shows that more funds are needed to perform Water and Wastewater User
Rate Studies than Water and Wastewater Impact Fee Studies.
A Budget Amendment is required to transfer funds from Fund 411 (Water Impact Fee) Reserves
to Fund 411 Project 700703 in the amount of $84,601.00.
A Budget Amendment is required to transfer funds from Fund 412 (Water User Fee) Reserves to
Fund 412 Project 750071 in the amount of$91,200.00.
A Budget Amendment is required to transfer funds from Fund 413 (Wastewater Impact Fee)
Reserves to Fund 413 Project 730663 in the amount of$81,353.00.
A Budget Amendment is required to transfer funds from Fund 414 (Wastewater User Fee)
Reserves to Fund 414 Project 750072 in the amount of$87,952.00.
.
GROWTH MANAGEMENT IMPACT: This project is consistent with the 2003 Water and
Wastewater Master Plan Updates adopted by the BCC on May 25, 2004 as Agenda Items 10(D)
and 10(C), respectively, in that a line item for a "Master Plan Update Project" is included in each
adopted Master Plan.
RECOMMENDATION: That the Board of Collier County Commissioners, as the Ex-Officio
Governing Board of the Collier County Water-Sewer District:
A) Authorize the County Manager, or his designee, to execute two work orders with GH for
Utilities Engineering Services related to the updating of the Water and Wastewater
Master Plans, in a total amount not to exceed $279,906, which includes an Additional
Services Allowance in the amount of $24,548
Agenda Item No. 16F1 M
August 23. 2005
Page2of13
Agenda Item No. 16F1
September 13, 2005
Page 120 of 151
B) Authorize the County Manager, or his designee, to execute work order(s) with PRMG to
perform 2006 Rate and Impact Fee Studies in a total amount not to exceed $65,200
C) Approve four Budget Amendments as outlined in the "Fiscal Impact" Section above in
the total amount of $345,106 to fund the Master Plans work orders and PRMG's User
Rate and Impact Fee Studies.
PREPARED BY:
Paulus R. Kwa, P.E.
Project Manager, Public Utilities Engineering Department
Agenda Item No. 16F1M
August 23. 2005
Page 3 of 13
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16F1
September 13. 2005
Page 121 of 151
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16F1M
Recommendation to approve two Work Orders under Contract #00-3119, Fixed Term
Contract for Professional Utilities Engineering Services, with Greeley & Hansen LLC for the
2005 Water and Wastewater Master Plans Updates. and include funding for Rate and Impact
Fee Studies. Project Numbers 70070.75007. and 73066. in the total amount of $345,106;
and four Budget Amendments in the total amount of $345,106.
8/23/2005900:00 AM
Date
Approved By
Lyn Wood
Administrative Services
Purchasing Agent
Purchasing
8/22/20054:56 PM
Date
Approved By
Steve Carnell
Administrative Services
Purchasing/General Svcs Director
Purchasing
8/23/2005 7:5~ AM
Date
Approved By
Paul Mattausch
Public Utilities
Water Director
Water
8/23/2005 8:01 AM
Date
Approved B)'
Thomas Wides
Public Utilities
Operations Director
Public Utilities Operations
8/25/2005 12:09 PM
Date
Approved B)'
Porfirio E. Gramatges, P.E.
Public Utilities
Sr. Project Manager
Public Utilities Engineering
8/25/2005 2:44 PM
Approved By
Roy B. Anderson. P.E.
Public Utilities
Public Utilities Engineering Director
Date
Public Utilities Engineering
8/26/2005 4;30 PM
Interim WasteWater Director
Date
Approved By
G. George Yilmaz
Pubiic Utilities
WasteWater
8/29/20069:53 AM
Date
Approved By
James W. Delony
Public Utilities
Public Utilities Administrator
Public Utilities Administration
8/291200512:19 PM
Date
Approved By
OMS Coordinator
Administrative Services
Applications Analyst
Information Technology
812912006 1 :54 PM
Date
Approved By
Susan Usher
County Manager's Office
Senior Management/Budget Analyst
Office of Management & Budget
8130/2005 5;00 PM
Micheel Smykowski
Date
Approved By
County Manager's Office
Management & Budget Director
Office of Management & Budget
8/31/200510;46 AM
Approved B)'
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
8131120052:37 PM
Agenda Item No. 16F1M
August 23. 2005
Page 4 of 13
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Agenda Item No. 16F1
September 13, 2005
Page 124 of 151
EXHIBIT A
COLLIER COUNTY GOVERNMENT
PUBLIC UTILITIES ENGINEERING DEPARTMENT
Work Order #s GH-Ff -05-07 and GH-FT -05-08
2005 Water and Wastewater Master Plan Updates
Scope of Services
Greeley and Hansen LLC
August 11, 2005
Greeley and Hansen LLC, herein referred to as ENGINEER, shall perform engineering services
for Collier County, herein referred to as COUNTY, associated with the development and
preparation of the 2005 Water and Wastewater Master Plan Updates, herein referred to as the
PROJECT, for COUNTY. This work order shall be completed in accordance with the terms of
Contract 00-3119, herein referred to as CONTRACT.
The deliverables for the PROJECT shall include a 5-year and 20-year water and wastewater
Capital Improvement Program (CIP) and updated versions of the Collier County 2003 Water and
Wastewater Master Plans, dated May 2004 (including the 2003 Water and Wastewater Master
Plan Supplements, dated June 2005). The goals of the PROJECT are to update strategies
developed in the 2003 Master Plan Updates, including updates to population, water demand and
wastewater flow forecasts,S and 20-year CIP schedules, and maps to show updated projects.
Updated hydraulic modeling results for water and wastewater systems shall be included with the
PROJECT. Recommendations provided in the 2005 Water and Wastewater Master Plan Updates
shall be based on making sure COUNTY has sufficient system capacity to meet estimated needs,
and can provide water and wastewater utility services to its customers reliably.
The 2005 Water and Wastewater Master Plan updates will serve as the basis for the development
of updated rate structures and impact fees and the 2005 Annual Update and Inventory Report
(AUIR). The 2005 AUIR and updates to the rate structures and impact fees are not included in
this scope of services. The 2005 Water Master Plan Update shall be coordinated with the
COUNTY'S Wellfield Program Manager, CDM, and the ongoing development of the Reclaimed
Water Master Plan.
Monthly partial payments for the lump sum services for Tasks 1 and 2 will be invoiced based on
the percentage of services completed. Payment for Task 3 services will be invoiced based on
time and materials in accordance with hourly rates and invoices received from subconsultants.
Hourly rates for Task 3 shall be the rates from the 2005 Fixed Term Utilities Engineering
Contract.
Page 1 of 5
Agenda Item No, 16F1 M
Au g UlOOl.Oros200 5
Page 7 of 13
2005MasterPlan U pdateScope
Agenda Item No, 16F1
September 13, 2005
Page 125 of 151
TASK 1 - INITIAL PLANNING UPDATE SERVICES
Task 1.1 - Attend Kick-Off Meeting
Attend kick-off meeting. Prepare and distribute meeting notes.
Task 1.2 - Collect and Review Existing Data
Collect and review existing data, including updated population projections from the COUNTY
Comprehensive Planning Section, updated project schedule and cost information, water
demands, wastewater flow and operational data, updated Census Bureau data, updated data from
the University of Florida Bureau of Economic and Business Research (BEBR), Rural Transition
Area maps and other information relevant to the PROJECT.
Task 1.3 - Update Population. Water Demands and Wastewater Flow Projections
Update countywide population forecasts based on updated population projections provided by
COlJNTY Planning Services. Updated Planning Services projections are expected to be
available by September 9, 2005. Population projections provided by Planning Services shall
include 2005 populations by Traffic Analysis Zone (T AZ). Use Buildout populations by TAZ
from the draft Buildout Study prepared by Planning Services. Update water demands and
wastewater flows from existing and future service areas based on data obtained in Task 1.2 and
new population data. Update spreadsheets to document and summarize population, water
demand and wastewater flow estimates for each year from 2005 through 2025.
TASK 2 -UPDATE MASTER PLANS
Task 2.1 - Update Regional Treatment Plant Analvses
Update the required county-wide regional treatment plant capacities through 2025 based on
updated populations and demands developed in Task 1. Update forecast of when regional plants
need to be constructed and expanded.
Update information describing the water supply systems, ground storage tanks, transfer pumping,
and high-service pumping facilities for the 2005 Water Master Plan Update.
For the 2005 Wastewater Master Plan, update summaries of flows by service area and required
treatment capacities for the various wastewater regional treatment plants. Prepare an updated
summary, which documents the recommended regional treatment plant capacities and treatment
requirements.
Information regarding current and proposed staffing requirements will be provided by the
COUNTY and incorporated into the respective master plans.
Task 2.2 - Update Transmission System Analvses
Page 2 of 5
Agenda Item No. 16F1 M
Aug~iMJs2005
Page 8 of 13
2005MasterPlan U pdateScope
Agenda Item No, 16F1
September 13, 2005
Page 126 of 151
For the 2005 Water Master Plan, update the county-wide layout plan for future water
transmission mains using the current KYPIPE2000 main network model. Use new fire code
pressure requirements for the water main analysis. Prepare model outputs to simulate maximum
day, maximum day plus fire flow and peak hour demand conditions for 2010 and 2025
conditions. Update analysis of future storage requirements in the transmission system. Prepare a
county-wide map showing year 2010 and 2025 water treatment plant, booster station, storage and
transmission main facilities.
For the 2005 Wastewater Master Plan, update wastewater force mains and associated master
pumping station network linking existing and future service areas to regional treatment plants.
Update the existing force main network models using the current KYPIPE2000 hydraulic model.
Prepare model outputs for peak flow conditions in 2010 and 2025. Update the countywide
summary maps showing year 2010 and 2025 treatment plant, pumping station and pipeline
facilities.
Task 2.3 - Update Capital Improvement Program (CIP) Schedules
Update 5-year and 20-year CIP schedules and budgets sequencing capital improvements
identified in Tasks 2.1 and 2.2. CIP schedules and budgets shall include planning, engineering
and construction costs. CIP updates shall include input from PUED project managers and Water
and Wastewater Department representatives. CIP input from COUNTY shall include
background information related to new projects and reasons for changes to existing projects.
Reclaimed Water CIP schedules shall be included with the Wastewater CIP. Prepare up to
twenty Project Charter descriptions for CIP projects in accordance with the sample Project
Charter provided by the COUNTY. Outputs from the CIP schedules will be utilized by the rate
and impact fee consultant, PRMG, to update the impact fees and rate schedules. Coordinate and
review CIP schedules with PRMG.
Task 2.4 - Prepare 2005 Water and Wastewater Master Plan Updates
Prepare an update to the 2003 Wastewater Plan Update. The updated plan shall consist of the
following sections:
Section 1 - Executive Summary
Section 2 - Introduction
Section 3 - Wastewater Service Areas
Section 4 - Existing Facilities
Section 5 - Population and Flow Proj ections
Section 6 - Concurrency Management and System Reliability
Section 7 - Alternative Wastewater Service Plans
Section 8 - Capital Improvements Projects for Wastewater
Section 9 - Summary and Recommendations
Update Appendices A and B from the 2003 Wastewater Master Plan Update as
appropriate.
Page 3 of 5
Agenda Item No. 16F1 M
AuglJ(ftf;~s2005
Page 9 of 13¸
2005MasterPlan U pdateScope
Agenda Item No. 16F1
September 13, 2005
Page 127 of 151
Prepare an update to the 2003 Water Master Plan Update. The updated plan shall consist of the
following sections:
Section I - Executive Summary
Section 2 - Introduction
Section 3 - Water Planning Areas
Section 4 - Existing Facilities
Section 5 - Population and Demand Projections
Section 6 - Concurrency Management and System Reliability
Section 7 - Alternative Water Service Plans
Section 8 - Capital Improvement Projects for Water
Section 9 - Goodland Water Sub-District
Section 10 - Summary and Recommendations
Update Appendices A, B, C and D from the 2003 Water Master Plan Update as
appropriate.
Submit 36 printed draft review copies each of the updated master plans at both the 60 and 90
percent complete stages to the COUNTY and submit 36 copies each of the final master plans in
hard copy format and in pdf format on CD. The 60 percent review documents shall consist of
the updated CIP's and population, wastewater flow and water demand tables and figures. The 90
percent review documents shall consist of a text document for each of the sections shown above
with tables and figures. Review comments from 60 and 90 percent submittals shall be
incorporated in final master plans.
Task 2.5 - Attend Meetings
Services shall include up to twelve PROJECT meetings to coordinate with ongoing COUNTY
projects, develop the CIP update, present preliminary outputs and receive COUNTY review
comments.
Up to six additional coordination meetings will be held with other COUNTY representatives as
necessary to understand other on-going and planned COUNTY activities that will impact
PROJECT recommendations.
Task 2.6 - Assist with Master Plan Adoption
Prepare and conduct the following presentations in PowerPoint format:
. Public Utilities Administrator (Two presentations)
. County Manager
. Productivity Committee
· Development Services Advisory Subcommittee (DSAC - Two Presentations)
. Board of County Commissioners Workshop
. Board of County Commissioners Adoption
Page 4 of 5
Agenda Item No. 16F1 M
Aug~iMIs2005
Page 10 of 13
2005MasterPlan U pdateScope
-
Agenda Item No, 16F1
September 13, 2005
Page 128 of 151
Prepare and develop responses to frequently asked questions. Prepare written responses to
comments and questions from Productivity and DSAC Committees.
TASK 3- ADDITIONAL SERVICES ALLOWANCE
Provide additional services for development of the 2005 Master Plan Updates. The additional
services allowance of up to $24,548 is for additional services requests that are not included in the
scope of services described above. Written approval from the COUNTY Project Manager is
required prior to performing any Additional Services. Additional services under this work order
will be provided up to the limits shown below. Additional change orders will be required to
perform services beyond the limits shown below.
SUMMARY
TASK NO. DESCRIPTION COMPLETION TIME COST
(WEEKS)
1 Initial Update Planning Services 12 $ 32,996 LS
2 Update Master Plans 30 $222.362 LS
SUBTOTAL $255,358 LS
3 Additional Services Allowance 30 $ 24,548 T &M
TOTALS 30 $279,906
TARGET COMPLETION DATE: March 23,2006
Notes on Schedule: COUNTY has prepared a Project Management Plan (PMP) that includes
specific dates for meetings and presentations. The above schedule is based on a start date of
August 22, 2005 and meeting the dates for adoption of the master plans set forth in the PMP.
The proposed submittal dates for draft review documents are based on receipt of new population
data from COUNTY Planning Services by September 9, 2005. The proposed dates for 60
percent submittals and 90 percent submittals are November 18, 2005 and December 16, 2005,
respecti",ely.
Page 5 of 5
Agenda Item No. 16F1 M
AugLllftt!~s2005
Page 11 of 13
200SMaster Plan U pdateScope
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Agenda Item No. 16F1
September 13, 2005
Page 131 of 151
EXECUTIVE SUMMARY
Recommendation to approve a Budget Amendment transferring a total amount of
$111,923.53 into two (2) ongoing Stormwater projects; $15,000.00 for the County Wide
Swale Improvements (project No. 510071) and $96,923.53 for the Wiggins Pass Outfall
project (project No. 512122).
OBJECTIVE: To receive Board of County Commissioners' approval to transfer a total amount
of $111,923.53 from six (6) completed to two (2) ongoing Stormwater projects; $15,000.00 for
the County Wide Swale Improvements (project No. 510071) and $96,923.53 for the Wiggins
Pass Outfall project (project No. 512122).
CONSIDERATIONS: The County Wide Swale Project and the Wiggins Pass Weir Project
require additional funding in order to cover the construction costs. The necessary funding needed
for these projects will be acquired from the remaining funds from six completed Stormwater
projects.
The County Wide Swale Project was created to complete maintenance work at various locations
to include swale reconstruction and culvert replacements reducing the extent and duration of
flooding. All work will be performed within the existing County roadway easements and right of
ways.
Additional funding is needed for the Wiggins Pass Weir Project. The existing upstream and
downstream sand-cement bags used to stabilize the ditch side slopes are collapsing and require
replacement. Ditch regrading is also required.
Approval of this Budget Amendment by the County Manager is subject to formal ratification by
the Board of County Commissioners. If the decision by the County Manager is not ratified by
the Board, this Budget Amendment shall not be enforceable against Collier County only to the
extent authorized by law in the absence of such ratification by that Board.
FISCAL IMP ACT: Funds in the sum of $111 ,923.53 will be transferred within the Stormwater
Management CIP Fund (301) from completed projects in the following amounts:
. $48,122.55 from the Naples Park Outfall project (Project No. 510041).
. $58,290.26 from the Gordon River Master Plan project (Project No. 510052).
. $2,704.83 from the Pine Ridge Subdivision Pipe Replacement project (project No.
510201).
. $1,488.50 from the Golden Gate City Outfall project (project No. 512181)
. $1,217.39 from the Australian Pine Removal project (project No. 515012)
· $100.00 from the Palm Street Outfall Ditch project (project No. 518042)
The total funding will be transferred to the two Stormwater projects and distributed in the
fo llowing manner:
· $15,000.00 for the County Wide Swale Improvements project (Project No. 510071).
Agenda Item No. 16F1 N
August 23, 2005
Page 1 of 3
,-
Agenda Item No. 16F1
September 13, 2005
Page 132of151
. $96,923.53 for the Wiggins Pass Weir project (project No. 512122).
The source of funding is ad valorem taxes.
GROWTH MANAGEMENT IMP ACT: The proposed budget amendment places funding in
two Stormwater maintenance projects, which are in accordance with the goals and objectives of
the Drainage Sub-element of the Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners:
Approve the necessary budget amendment.
PreDared Bv: Gianfranco Nicolaci, Project Manager, Transportation Services Division,
Stormwater Management Department.
Agenda Item No. 16F1 N
August 23, 2005
Page 2 of 3
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16F1
September 13. 2005
Page 133 of 151
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16F1N
Recommendation to approve a Budget Amendment transferring a total amount of
$111,923.53 Into two (2) ongoing Stormwater proJects; $15.000.00 for the County Wide
Swale Improvements (Project No 510071) and $96.923.53 for the Wiggins Pass Outfall
project (Project No. 512122)
8/23120059:00:00 AM
Prepared By
Gianfranco Nicolaci
Transportation Services
Project Manager
Date
Stormwater Management
8112120054;58;55 PM
Approved B~'
Steve Carnell
Administrative Services
Purchasing/General Svcs Director
Date
Purchasing
8/15/2005 10:44 AM
Approved By
Gerald Kurtz
Transportation Services
Senior Engineer
Date
Stormwater Management
8/1612006 3:61 PM
Approved By
Norm E. Feder. AICP
Transportation Services
Transportation Division Administrator
Date
Transportation Services Admin.
8/17/200510:49 AM
Approved By
Sharon Newman
Transportation Services
Accounting Supervisor
Date
Transportation Administration
8/17/2005 1: 38 PM
Approved By
Rhonda Rembert
Administrative Services
Contract Specialist
Date
Purchasing
8/17/20053;11 PM
Approved By
Pat Lehnhard
Transportation Services
Executive 5ftcretary
Date
Transportation Services Admin
8/18/20059;05 AM
Approved By
OMB Coordinator
Administrative Services
Applications Anaiyst
Date
Information Technology
8118/20059;26 AM
Approved B~'
Susan Usher
County Manager's Office
Senior ManagementlBudget Analyst
Date
Office of Management & Budget
8/181200510:21 AM
Approved B~'
Michael Smykowski
County Manager's Office
Management & Budget Director
Date
Office of Management & Budget
8123/2005 1 :05 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manage~s Office
8124/2005 3:06 PM
Agenda Item No. 16F1N
August 23. 2005
Page 3 of 3
Agenda Item No. 16F1
September 13, 2005
Page 134 of 151
EXECUTfVESU~Y
Recommendation for the Board of County Commissioners to approve a budget
amendment to transfer funding from the completed Goodlette Frank Road Project
(pine Ridge Road to Vanderbilt Beach Road 60134) to the Goodlette Frank Road
(Golden Gate Parkway - to Pompei Lane 60005) in the amount of $1,300,000.
OBJECTIVE: To transfer funds from the completed Goodlette Frank Road (pine Ridge
Road to Vanderbilt Beach Road project to the new project Goodlette Frank Road (Golden
Gate Parkway to Pompei Lane).
CONSIDERATIONS: On June 28, 2005 an executive summary was presented to the
Board of County Commissioners to award the construction of the Goodlette Frank: Road
project from Golden Gate Parkway to Pompei Lane in the amount of $15,800,000. Funds
were identified as being available for this project. On July 26, 2005 an executive
summary was presented to the Board of County Commissioners for the CEI
(Construction Inspection Services) for this project in the amount of $1,195,286. The
purchase order for the Construction was not entered into the SAP system when the
executive summary was approved for the CEI services. It appeared in the SAP system
that the funds were available for the CEI, when, in fact, the funds that were available
were already allocated for the Construction. Therefore, a budget amendment is needed to
transfer funds from the completed Goodlette Frank: Road project Pine Ridge Road to
Vanderbilt Beach Road in the amount of $1,300,000 to cover the CEI Services and any
miscellaneous services that may be needed for this project. If the purchase order had
been opened for the Construction, it still would have required a budget amendment to
move funding from the old Goodlette Frank: Road Project to the new Goodlette Frank
Road Project to cover the CEI Services.
Approval of this budget amendment by the County Manager is subject to formal
ratification by the Board of County Commissioners. If the decision by the County
Manager is not ratified by the Board, this budget amendment shall not be enforceable
against Collier County only to the extent authorized by law in the absence of such
ratification by that Board.
FISCAL IMP ACT: Approve a budget amendment to transfer funds in the amount of
$1,300,000 from the Transportation Supported Gas Tax Fund for the Goodlette Frank
Road Project 60134 and appropriate them within the Goodlette Frank Road Project
60005. Source of Funds are Gas Taxes.
GROWTH MANAGEMENT IMP ACT: There is no Growth Management Impact
resulting from this action.
Agenda Item No, 16F10
August 23, 2005
Page 1 of 3
Agenda Item No. 16F1
September 13, 2005
Page 135 of 151
RECOMMENDATION: That the Board of County Commissioners approve the budget
amendment to move funds from the old Goodlette Frank Road Project 60134 to the new
Goodlette Frank Road Project 60005.
Prepared By: Sharon Newman, Transportation Accounting Supervisor
Agenda Item No. 16F1 0
August 23, 2005
Page 2 of 3
Item Number:
Item Summary:
Meeting Date:
Agenda Item No, 16F1
September 13, 2005
Page 136 of 151
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16F10
Recommendation for the Board of County Commissioners to approve a budget amendment
to transfer funding from the completed Goodlette Frank Road Project (PRR - VBR) 60134, to
the Goodlette Frank Road Project (GGPKWY . Pompei Lane) 60005 Project in the amount of
$1.300,000.
8/23/20059:00:00 AM
Approved By
Sharon Newman
Transportation Services
Accounting Supervisor
Date
Transportation Administration
8/12/2006 3:36 PM
Approved By
Nonn E. Feder, AICP
Transportation Services
Transportation Division Administrator
Date
Transportation Services Admin.
8/16/2006 7:30 AM
Approved By
Pat Lehnhard
Transportation Services
Executive Secretary
Date
Transportation Services Admin
8/16/200610:42 AM
Approved By
OMS Coordinator
Administrative Services
Applications Analyst
Date
Information Technology
8/16/20069:17 AM
Approved By
Susan Usher
County Manager's Office
Senior Management/Budget Analyst
Date
Office of Management & Budget
8/16/2006 11 :40 AM
Approved By
Michael Smykowski
County Manager's Office
Management & Budget Director
Date
Office of Management & Budget
8/16/20064:08 PM
Approved By
James V, Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
8/16/20064:16 PM
Agenda Item No. 16F10
August 23, 2005
Page 3 of 3
EXECUTIVESU~Y
Agenda Item No. 16F1
September 13, 2005
Page 137 of 151
Recommendation to approve a Budget Amendment to appropriate Building Maintenance
Special Service and Insurance Refund revenues totaling $78,000 and Security Special
Service revenues totaling $25,000 for reimbursement of personal and operating expenses in
Fiscal Year 2005.
OBJECTIVE: To approve the attached budget amendment appropriating those revenues
received for reimbursement of personal and operating expenses incurred for building
maintenance and security known as special services.
CONSIDERATION: The Department of Facilities Management is called upon to provide
services that are not exclusively for repair and maintenance i.e. locksmith, cabinet making,
special event setups and so on. This work is titled "special service" and expenses are passed
through for payment to user departments. Revenues are received from various "consumer"
departments as payment for materials used and services performed. When actual requests for
services exceed those anticipated at the time of budget preparation, additional budget
authorization is needed to recognize revenue for payment of incurred expenses.
In addition, the Department of Facilities Management is responsible for providing security to the
County Government Courthouse and to other administrative government buildings. During this
fiscal year, the need for additional security staffing has increased substantially due to after-hours
construction in "secured" buildings and many other special security requests including tram
service during campus construction projects. A small amount of revenue has been received from
various departments as payment for security services performed.
These funds are already budgeted in the user departments and are transferred to the Building
Maintenance section cost center and Security section cost center after services are performed.
Approval of this budget amendment by the County Manager is subject to formal ratification by
the Board of County Commissioners. If the decision by the County Manager is not ratified by
the Board, this budget amendment shall not be enforceable against Collier County only to the
extent authorized by law in the absences of such ratification by that Board.
FISCAL IMP ACT: Revenues of $78,000 are being appropriated from reimbursement for
Building Maintenance Special Services and Insurance Refunds to Building Maintenance
Personal Expenses and Operating Expenses (001). Revenues of $25,000 are being appropriated
from reimbursement for Security Special Services to Security Operating Expenses, Other
Contractual Services (001).
GROWTH MANAGEMENT IMP ACT: There is no impact on the Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners approves the necessary
budget amendment as addressed within this summary.
PREPARED BY: Damon Gonzales, Facilities Manager
Department of Facilities Management
Agenda Item No. 16F1P
August 23, 2005
Page 1 of 2
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16F1
September 13. 2005
Page 138 of 151
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16F1P
Recommendation to approve a Budget Amendment to appropriate Building Maintenance
Special Service and Insurance Refund revenues totaling $78.000 and Security Special
Service revenues totaling $25,000 for reimbursement of personal and operating expenses in
Fiscal Year 2005.
8/23/20059:00:00 AM
Prepared By
Damon Gonzales
Administrative Services
Interim Facilities Manager
Date
Facilities Management
8/15/2005 10:00:00 AM
Approved By
Skip Camp, C.F,M.
Administrative Services
Facilities Management Director
Date
Facilities Management
8/15120052:31 PM
Approved By
Damon Gonzales
Administrative Services
Interim Facilities Manager
Date
Facilities Management
8/15/2005 5:33 PM
Approved By
Len Golden Price
Administrative Services
Administrative Services Administrator
Date
Administrative Services Admin.
8/18/20052:13 PM
Approved By
OMB Coordinator
Administrative Services
Applications Analyst
Date
information Technology
8/19/20057:45 AM
Approved By
Michael Smykowski
County Manager's Office
Management & Budget Director
Date
Office of Management & Budget
8/24/2005 11: 16 AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
8124/20054:50 PM
Agenda Item No. 16F1P
August 23, 2005
Page 2 of 2
Agenda Item No. 16F1
September 13, 2005
Page 139 of 151
EXECUTIVE SUMMARY
Recommendation to approve the Release and Satisfaction of Lien for the following
Code Enforcement action; Color Communications, Inc.; CEB 2004-64.
OBJECTIVE:
To approve the execution and recording of the attached Release and Satisfaction of Lien.
This discharge is not intended to waive any existing Code violations that may be present
on the property.
CONSIDERATIONS:
A claim of lien arising out of the Code Enforcement Board Order dated February 2,2005,
was recorded against certain real property owned by The Taylor Village Owner's
Association, a/k/a the Taylor Village Condo Association. All fines and costs arising
from this lien were previously paid, however, the code violations remain while staff
continues to work with the Association to bring the property into compliance. One of
the condominium owners wishes to sell his commercial condominium unit, however, the
recorded Order operates as a lien on the parcel. With no money owing as a result of this
violation, and with the purchaser fully aware of the property's code violation status, the
County Attorney's Office has recommended the prompt execution and recording of the
attached Release and Satisfaction of Lien so that the closing can take place. Approval of
this Release and Satisfaction by the County Manager is subject to formal ratification by
the Board of County Commissioners. If the decision by the County Manager is not
ratified by the Board, this Release and Satisfaction shall not be enforceable against
Collier County only to the extent authorized by law in the absence of such ratification by
that Board.
FISCAL IMPACT:
The only expense incurred by the County is the cost of recording the Releases and
Satisfactions, which is to be approximately $10.00 per release, totaling $10.00 which is
budgeted and available in the current fiscal year Code Enforcement budget.
GROWTH MANAGEMENT IMPACT:
This request will have no impact on the County's Growth Management Plan.
LEGAL CONSIDERATION:
This request has been reviewed for legal sufficiency and has no outstanding legal
considerations.
RECOMMENDATION:
That the Board of County Commissioners approve the Release and Satisfaction.
PREPARED BY: Leonardo Bonanno, Operations Coordinator - Code Enforcement
and Jeffrey A. Klatzkow, Assistant County Attorney
Agenda Item No. 16F1 Q
August 23, 2005
Page 1 of 3
Item Number:
Item Summary:
Meeting Date:
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16F1Q
Agenda Item No. 16F1
September 13. 2005
Page 140 of 151
Recommendation to approve the Release and Satisfaction of Lien for the following Code
Enforcement action; Color Communications, Inc.; CES 2004-64.
8/23/20059:00:00 AM
Prepared By
Janet Powers
Community Development &
Environmental Services
Operations Manager
Code Enforcement
Date
Approved By
8110/20064:41 :25 PM
Janet Powers
Community Development &
Environmental Services
Operations Manager
Code Enforcement
Date
811112006 2:00 PM
Approved By
Sandra Lea
Community Development &
Environmental Services
Executive Secretary
Community Development &
Environmental Services Admin.
Date
Approved By
8/1112005 4:48 PM
Constance A. Johnson
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
Date
8/12/20059:56 AM
Approved By
Michelle Edwards Arnold
Community Development &
Environmental Services
Code Enforcement Director
Code Enforcament
Date
8115/20059:56 AM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Community Development &
Environmental Services Admin.
Date
8115/2005 1 :89 PM
Approved By
OMB Coordinator
Administrative Services
Applications Analyst
Information Technology
Date
811612005 9: 13 AM
Approved By
Michael Smykowski
County Manager's Office
Management & Budget Director
Office of Management & Budget
Date
8/16/2005 9:27 AM
Approved By
James V. Mudd
Board of Cou nty
Commissioners
County Manager
County Manager's Office
Date
8/16/20053:38 PM
Agenda Item No. 16F1Q
August23,2005
Page 2 of 3
Agenda Item No. 16F1
September 13, 2005
Page 141 of 151
THIS INSTRUMENT PREPARED BY:
James D. Vogel. Esq.
Fla. Bar No. 0051373
Vogel Law Office. PA
Suite B. Midwest Title Bldg.
3936 Tamiami Trail North
Naples. Florida 34103
(239) 262-2211
RELEASE AND SATISFACTION OF LIEN
This is to certify that the claim of lien arising out of the Code Enforcement Board Order
dated February 2, 2005, a certified copy of which was recorded in OR. Book 3730, Pages 2035,
et seq., on February 8, 2005, of the Public Records of Collier County, Florida, together with that
certain Findings of Fact, Conclusions of Law and Order of the Board recorded in O.R. Book
3689, Pages 1680, et seq., on December 3,2004, of the Public Records of Collier County,
Florida (collectively hereinafter referred to as the "Lien Documents"), against the real property
described hereinbelow, and all other real and personal property located in Collier County, owned
by Color Communications, Inc., a Florida corporation, has been discharged in full. The
discharge of this lien is not intended to waive any Code violations that mayor may not be
present on the described property/parcels:
: J '~
That certain condominium parcel composed of Units 10 and 11, Building 100,
Taylor Village, a condominium, and an undivided share in the common elements
appurtenant thereto in accordance with and subject to the covenants, restrictions,
terms, and other provisions of the Declaration thereof recorded in O.R. Book
2705, Page 3030, of the Public Records of Collier County, Florida, and
subsequent amendments thereto.
The undersigned is authorized to and does hereby release this lien as to the whole of the
described real properties, and all other real and personal property owned by Color
Communications, Inc. and consents to this lien being discharged of record.
Dated this ~Jday of ~1r5r ,2005.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
Deputy Clerk
BY:
FRED W. COYLE, Chairman
App ve
form and legal sufficiency:
Agenda Item No, 16F1Q
August23,2005
Page 3 of 3
Agenda Item No, 16F1
September 13, 2005
Page 142 of 151
EXECUTIVE SUMMARY
Recommendation to approve the use of transit enhancement funds (313) to
purchase a transit bus under Florida Public Transportation
Association/Hartline contract 2003-07-01, trolley decal wrap and necessary
equipment (in the estimated amount of $286,500)
OBJECTIVE: To acquire approval to purchase a heavy-duty transit bus, trolley decal
wrap and necessary equipment utilizing Transit Enhancement Funds (313) for route
service coverage during scheduled bus maintenance.
CONSIDERATION: Staff requests approval to purchase, through State contract, one
Gillig heavy-duty transit bus from Gillig Corporation, Haywood Califomia, at a cost of
approximately $286,500. The bus will be purchased utilizing County Transit
Enhancement dollars. Price includes installation of a radio (through a State Contract with
Communications International, Sole Source approval granted by the Board of County
Commissioners. 9/14/99, Agenda Item No. 16.E.14) and trolley decal wrap by Stan
Mittsrrrolley Illusions. The trolley wrap replicates that of current buses and is
copyrighted by Stan Mitts, and hence this component of the project constitutes a sole
source acquisition.
Approval of this purchase by the County Manager is subject to formal ratification by the
Board of County Commissioners. If the decision by the County Manager is not ratified
by the Board, this purchase shall not be enforceable against Collier County only to the
extent authorized by law in the absence of such ratification by that Board.
FISCAL IMPACT: The total cost for the new bus is $286,500. The purchase will be
funded from Fund 313 Project 61010 Gas Taxes.
GROWTH MANAGEMENT IMPACT: Consistent with Object 12 of the Transportation
Element of the Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners approve: (1) the
purchase of a new transit bus through Gillig Corporation under Florida Public
Transportation Association/Hartline Contract 2003-07-01; (2) approve the purchase and
installation of a radio through Communications International (Board approved sole
source 9/14/99, 16.E.14); (3) waive formal competition and authorize the purchase of the
trolley decal wrap through Stan Mitts, who owns the copyright to these designs. The
estimated total amount of these expenditures is $286,500; and (4) approve any budget
amendments required.
Prepared by: Lisa Hendrickson, Senior Planner, Department of Alternative
Transportation Modes
Agenda Item No. 16F1 R
August 23, 2005
Page 1 of 2
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16F1
September 13. 2005
Page 143 of 151
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16F1R
Recommendation to approve the use of transit enhancement funds (313) to purchase a
heavy-duty transit bus under Florida Public Transportation AssociationlHarline contract 2003-
07-01, trolley decal wrap and necessary equipment (in the estimated amount of $286,500).
8/23/20059:00:00 AM
Prepared B)'
Lisa Hendrickson
Transportallon Services
Management/Budget Analyst
Dale
Alternalive Transportation Modes
819120055:17:54 PM
Approved By
Usa Hendrickson
Transportation Services
Management/Budget Analyst
Dale
Alternalive Transportation Modes
819/2005 5: 15 PM
Approved By
Brenda Brllhart
Administrative Services
Purchasing Agent
Dale
Purchasing
8/1012005 1 :49 PM
Approved By
Diane B. Flagg
Transportation Services
Director of Alternative Transportation
Modes A TM Director
Dale
Alternalive Transportation Modes
8112/2005 9:25 AM
Approved By
Barbara LaPierre
Transportation Services
Management/Budget Analyst
Date
Transportation Operations
8/12/200511:17 AM
Approved By
SIeve Carnell
Administrative Services
Purchasing/General Svcs Director
Date
Purchasing
8/1212005 2: 24 PM
Approved By
Sharon Newman
Transportation Services
Accounting Supervisor
Date
Transportation Administration
8/12120053:35 PM
Approved By
Norm E. Feder, AICP
Transportation Services
Transportation Division Administrator
Dale
Transportation Services Admin.
8115/20057:22 AM
Approved By
OMB Coordinator
Administrative Services
Applications Analyst
Date
Information Technology
8/1812005 9:40 AM
Approved By
Susan Usher
County Manager's Office
Senior Management/Budget Analyst
Date
Office of Management & Budget
8123/2005 4:44 PM
Approved By
Michael Smykowski
County Manager's Office
Management & Budget Director
Date
Office of Management & Budget
8125/200510:17 AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
812512005 11: 17 AM
Agenda Item No. 16F1R
August 23. 2005
Page 2 of 2
Agenda Item No. 16F1
September 13, 2005
Page 144 of 151
EXECUTIVE SUMMARY
Recommendation to approve sole source purchase of ResQPOD Circulatory
Enhancer in the amount of 535,600.00.
OBJECTIVE: To provide rescue personnel with the ResQPOD Circulatory Enhancer, a
new device developed by Advanced Circulatory Systems, Inc. of Eden Pmirie, Minnesota
and being marketed solely through Tri-anim, a medical supply company located in
Sylmar, California.
CONSIDERATIONS: The ResQPOD Circulatory Enhancer is used in conjunction with
standard or pump-assisted CPR and has the effect of increasing blood flow to the heart
and brain during CPR, the outcome being an increase in the opportunity for survival and
nonnal neurological outcome. Providing this device for use by rescue personnel would
substantially improve survival results.
The initial supply of Four Hundred (400) devices, in the amount of $35,600.00, would be
purchased with grant funds from the Florida Department of Health. This sole source
purchase has been reviewed and approved by the County's Purchasing Department.
Approval of this sole source purchase by the County Manager is subject to fonnal
ratification by the Board of County Commissioners. If the decision by the County
Manager is not ratified by the Board, this sole source purchase shall not be enforceable
against Collier County only to the extent authorized by law in the absence of such
ratification by that Board.
-,
FISCAL IMPACT: Funds for these services are available for FY 05 in Fund 491, EMS
Grants, as adopted by the Board on September 23,2004.
GROWTH IMP ACT: There is no Growth Management Impact resulting from this
action.
RECOMMENDATIONS: That the Board of County Commissioners waive formal
competition and approve the sole source purchase of ResQPOD Circulatory Enhancer
from Tri-anim.
PREPARED BY: Jeff Page, Chief, Emergency Medical Services
Agenda Item No. 16F1S
August 23, 2005
Page 1 of 3
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16F1
September 13, 2005
Page 145 of 151
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16F15
Recommendation to approve sole source purchase of ResQPOD Circulatory Enhancer in the
amount of $35.600.00
8/23/20059:00:00 AM
Prepared By
Jeff Pag e
Bureau of Emergency
Services
EMS Chief
Date
EMS
7/27/20069:57:29 AM
Approved By
Jeff Page
Bureau of Emergency
Services
EMS Chief
Date
EMS
7/271200610:16 AM
Approved By
Date
Scott Johnson
Administrative Services
Purchasing Agent
Purchesing
7/28120058:23 AM
Mike Hauer
Date
Approved By
Administrative Services
Acquisition Manager
Purchasing
7/28/2005 3:00 PM
Approved By
Steve Carnell
Administrative Services
Date
Purchasing/General Svcs Director
Purchasing
7/28/20054:28 PM
Approved By
Darcy Waldron
County Manager's Office
Senior Administrative Assistant
Date
Emergency Management
8/3/20059:16 AM
Approved By
Dan E. Summers
County Manager's Office
Bur~au of Emergency Services Director
Bureau of Emergency Services
Date
8/9/2005 1 :46 PM
Date
Approved By
OMS Coordinator
Administrative Services
A pplications Analyst
Information Technology
8/10/2005 8:00 AM
Date
Approved B~'
MichaelSmykowski
County Manager's Office
Management & Budget Director
Office of Management & Budget
8/16/2005 9:21 AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
8/16/20055:41 PM
Agenda Item No. 16F1S
August 23. 2005
Page 2 of 3
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Agenda Item No. 16F1
September 13, 2005
Page 147 of 151
Executive Summary
That the Board Approve an Agreed Order and Authorize Payment of Expert
Fees in the Lawsuit Styled CoUier County 1I. GJR of Naples, Inc., et aL, Case No.
02-2212-CA, Immokalee Road Project #60018). (Fiscal Impact: 57,700.00).
OBJECTIVE: That the Board of County Commissioners approve an Agreed Order and authorize
payment of expert fees with respect to Parcel 192 in the lawsuit styled Collier County vs. GJR of
Naples, Inc., et al., Case No. 02-2212-CA.
CONSIDERATIONS: The County acquired the subject property by depositing the sum of
$51,600.00 into the registry of the Court on September 19,2002; the County and Respondents have
negotiated and settled by Stipulated Final Judgment in the amount of $67,000.00 which was
approved by the Board on April 12, 2005.
To conclude this matter, the County is required to pay reasonable expert fees incurred by
Respondents in the defense of this matter.
TOTAL:
$1,200.00
$6.500.00
$7,700.00
. Expert Planning Fees
. Expert Appraisal Fees
Attached is the proposed Agreed Order.
Approval of this Agreed Order by the County Manager is subject to formal ratification by the Board
of County Commissioners. If the decision by the County Manager is not ratified by the Board, this
Agreed Order shall not be enforceable against Collier County only to the extent authorized by law
in the absence of such ratification by that Board.
FISCAL IMPACT: Funds in the amount of $7,700.00 are available in the FY 2005 adopted
budget, however, if payment is not made by the end of the fiscal year 2005, then the payment will
be made from the FY 2006 adopted budget. Source of funds are Gas Taxes and Impact Fees.
GROWTH MANAGEMENT IMP ACT: None.
RECOMMENDATION: That the Board of County Commissioners:
1. Approve the Agreed Order as to Parcel 192; and
2. Approve the expenditure of funds as stated.
PREPARED BY:
Heidi F. Ashton, Assistant County Attorney, Office of the County Attorney
Agenda Item No. 16F1T
August 23, 2005
Page 1 of 4
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16F1
September 13, 2005
Page 148 of 151
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16F1T
That the Board Approve an Agreed Order and Authorize Payment of Expert Fees In the
Lawsuit Styled Collier County v. GJR of Naples. Inc., et al" Case No. 02-2212-CA.
Immokalee Road Project #60018). (Fiscal Impact: $7,700.00).
8/23/20059:00:00 AM
Prepared By
Heidi F. Ashton
Cou nty Attorney
Assistant County Attorney
Date
County Attorney Office
7/19/20052:17:27 PM
Date
Approved By
Lisa Taylor
Transportation Services
Management/Budget Analyst
Transportation Administration
7/19/2005 2:59 PM
Date
Approved By
Eugene Calvert
Transportations Services
Principal Project Manager
Transportation Engineering and
Construction Management
7/19/2005 5:28 PM
Date
Approved By
Norm E. Feder, AICP
Transportation Services
Transportation Division Administrator
Transportation Services Admin.
7120/20056:42 AM
Data
Approved By
Sharon Newman
Transportation Services
Accounting Supervisor
Trensportation Administration
8/1/20051 :23 PM
Approved By
Kevin Hendricks
Transportation Services
Right Of Way Acquisition Manager
Transportation Engineering and
Construction
Dale
813/2005 1 :17 PM
Approved By
David C. Weigel
County Attorney
County Attorney
Date
County Attorney Office
8/12/200510:41 AM
Date
Approved By
OMB Coordinator
Administrative Services
Applications Analyst
Information Technology
8/15120057:32 AM
Date
Approved By
Michael Smykowski
County Manager's Office
Management & Budget Director
Office of Management & Budget
8116/20058:28 AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
8116120054:52 PM
Agenda Item No. 16FH
August23,2005
Page 2 of 4
l
I
Agenda Item No. 16F1
September 13, 2005
Page 149 of 151
IN THECrn.CUIT COURT OF THE T'\'VENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, FLORIDA, a
political subdivision of the State of
Florida,
Case No.: 02-2212-CA
Petitioner,
Parcel No.: 192
vs.
GJR OF NAPLES, INC., et al.,
Respondents.
/
AGREED ORDER
THIS CAUSE, having corne before the Court upon Joint Motion made by Petitioner,
COllIER COUNTY, FLORlDA, by and through the undersigned counsel, and Respondents,
WILLIAM J. CONRAN and PAMELA J. CONRAN, by and through their undel'signedcounsel, for
entry of an Agreed Order, and the Court, being fully advised in the premises, it is hereby
ORDERED AND ADJUDGED that Respondents, \VILLIAM J. CO~ and PAMELA J.
CONRAN, receive from Petitionet, COLLIER COUNTY, FLORIDA, the sum of Twelve Hundred
Dollars and No/lOO ($1200.00) for planning fees incurred in connection with Parcel 192; it is
further
ORDERED that Respondents, WIT....LIAM J. CONRAN and PAMELA J. CONRAN, receive
from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Sixty-Five Hundred Dollars and
Nol100 ($6500.00) for appraisal fees incurred in connection with Parcel 192; it is further
ORDERED that Petitioner, COLLIER COUl\TTY, FLORIDA, shall disburse the sum of
Seventy-Seven Hundred Dollars and No/lOO ($7700.00) to the EARLE & PATCHEN TRUST
Agenda Item No. 16F1T
August 23, 2005
Page 3 of 4
Agenda Item No. 16F1
September 13, 2005
ACCOUNT clo Brian P. Patchen, Esquire, 1000 Brickell Avenue, Suite 1112, Miami, FL 33~'3 I ~ff 151
the benefit of Respondents, WILUAM J. CONRAN and PAMELA J. CONRAN.
DONE AND ORDERED this _ day of _, 2005 in Naples, Collier County,Florida.
CIRCUIT COURT JUDGE
Confonned copies to:
Heidi F. Ashton, Esquire
Brian P. Patchen, Esquire
E. Glenn Tucker, Esquire
JOINT MOTION
The Parties, by and through their undersigned a.ttorneys, hereby move for entry of the
foregoing Agreed Order.
Dated:
Dated:
BRIANP. PATCHEN~ESQUIRE
Florida BarNo.: 157545
EARlE & l;>ATCBEN P.A.
1000 Brickell Avenue, Suite 1112
Miami, FL 33131
(305) 372-1112 - Telephone
(305) 372-3691 - Facsimile
ATTORNEY FOR RESPONDENTS
HEIDI F. ASHTON, ESQUIRE
Florida Bar No.: 966770
COUNTY ATTORNEY'S OFFICE
Hannon Turner Building
3301 East Tamiami Trail
Naples, FL 34112
(239) 774-8400 - Telephone
(239) 774-0225 - Facsimile
A ITORl\TEY FOR PETITIONER
@
Agenda Item No, 16F1T
August 23, 2005
Page 4 of 4
Item Numbar.
Item SUmmlry:
Meeting Date:
Aaenda Item No. 16Fl
-September 13. 2005
Page 151 01151
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16F'
Summary of Com-lent 8nd Emergency Agenda !lerTI5 l!Ipprolled bv the County MClnage:
during the Boards scheduled recess, Per Resolulion Number 2000.149, "Approval of this
Agreement by the County Manager is ,;ubJect to formol ratification by the Board of County
Commissioners. rr thf> deciSIOn by the COiJnty Manager is noll1lltlfied by thet Bnard, this.
Agreement shall be enforceable a-Qainsl Collier County only to the eKten1 authorized by law in
the absence of such ratlfiCfloon of lhat 6Cli!ltd .. (20 items)
2/13/2005 g 00:00 AM
County Manager
Oate
Approved By
James II. Mudd
Board of County
Commjuioners
County Managflr's Office
\}12/2005 2:55 PM
.-
,-
Agenda Item No. 16F2
September 13, 2005
Page 1 of 4
EXECUTIVE SUMMARY
Recommendation to approve First Amendment to the 2004/2005 Tourism
Agreement Between Collier County and the City of Naples Extending Agreement
for the Naples Preserve Project to September 30, 2006.
OBJECTIVE: To approve First Amendment to the 2004 Tourism Agreement between Collier
County and the City of Naples extending Agreement to September 30,2006.
CONSIDERA TIONS: On September 21,2004 The Board of County Commissioners approved
the 2004/2005 Tourism Agreement between Collier County and the City of Naples in the amount
of $50,000. This agreement is effective from October 1, 2004 to September 30, 2005. Per the
terms of this Agreement the City of Naples has requested a I-year extension for the completion
of the Category "c" grant for the Naples Preserve Eco-Educational Center project.
FISCAL IMP ACT: The funds to complete this project will be rolled over into the Tourism
Department FY 06 budget from fund 193.
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact from these
projects.
RECOMMENDA TION: That the Board of County Commissioners approve First Amendment
to the 200412005 Tourism Agreement between Collier County and the City of Naples extending
the agreement to September 30, 2006.
PREPARED BY: Gail Hambright, Administrative Assistant, County Tourism Department
ItIIm Number:
Itlim Summary:
Mooting Dm:
Agenda Item No. 16F2
September 13. 2005
Page 2 ot 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16F2
ReoomrnendBllon to approve Firat Arnendment tn the 200412005 Tourisrn Agree-me.11
Between Collier County and the City ot Napleil EldendinSl Agreement to September 30, 2006
for the Napltl9 F'res&rve Project tor $50,000.
9113/20059:00:00 AM
Oate
Appr01'ed By
J;1IekWert
County Manager" Office-
, ourism Director
Tourism
811/20053:04 PM
Administrative AI.l.tat'll.
0...
8/23120067:68 AM
Approved By
OMe Coordinator
County Manager'. Oft'lce
OffIce 01 Mllnll~ment & Budget
Murk ltHlckson
Date
AIJproved By
County Manager's O1'l'jg..
Budget Analysr
Office of Management & Budget
8123/2005 3:S3 PM
Approved By
MIchael Smy~ow"ki
County Manager's Office
ManagBmctl\1 So. Budget Diroctor
Dole
Office of Managunl(ltnt & Budget
8130/200512:31 PM
0...
AplJrOved Bl
Jartllll& V, Mudd
Board of County
Commlaslonen
County Man.agar
County Manlllger'G Oftic~
61JOr;wos 12:44 PM
Agenda Item No. 16F2
September 13, 2005
Page 3 of 4
FIRST AMENDMENT TO 2004/2005 TOURISM AGREEMENT BETWEEN COLLIER
COUNTY AND THE CITY OF NAPLES FOR THE NAPLES PRESERVE
ECO.EDUCA TIONAL CENTER
This First Amendment to the 2004/2005 Tourism Agreement, made this _ day of
, 2005, (hereinafter referred to as "First Amendment") is entered into by and
between the Board of County Commissioners of Collier County, Florida (hereinafter referred to as
"COUNTY"), and the City of Naples (hereinafter referred to as "GRANTEE").
WIT N E SSE T H:
WHEREAS, the COUNTY and GRANTEE entered into a 2004/2005 Tourism Agreement
dated September 21,2004 (the "Agreement") for the Naples Preserve Bco-educational Center; and
WHEREAS, the COUNTY and GRANTEE desire to further amend the tenns of the
Agreement.
NOW, THEREFORE, in consideI"dtion of valuable consideration and the premises and
mutual covenants hereinafter set forth, the parties agree as follows:
1. Section 17 of said Agreement is hereby deleted in its entirety and the following paragraph is
inserted in its place:
TERM: This Agreement shall become effective on October 1,2004 and shall
remain effective until November 30, 2006. If the project is not completed
within the tenn of the Agreement, all unreleased funds shall be retained by the
COUNTY consistent with Paragraph 13 herein. Any extension of this
Agreement must be at the express consent of the Collier County Board of
County Commissioners.
The GRANTEE must request any extension of this tenn in writing at least
thirty (30) days prior to the expiration of this Agreement, and the COUNTY
may agree by amendment to this Agreement to extend the tenn for an
additional one year.
2. Except as set forth in this First Amendment, the Agreement shall remain in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by
their duly authorized officers and their official seals, hereto affixed the day and year first written
above.
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
By:
FRED W. COYlE, Chainnan
, Deputy Clerk
Approved as to fonn and
legal sufficiency:
~
Heidi F. Ashton
Assistant County Attorney
ATTEST:
TARA NORMAN, City Clerk
Approved as to form and
legal sufficiency:
ROBERT D, PRm, City Attorney
(corporate seal)
CPlTDC\2004-200S A~.m.nt\l. Amend-Naples Preserve Bee-cd Center
Agenda Item No. 16F2
September 13, 2005
Page 4 of4
CITY OF NAPLES
By:
BILL BARNETf, Mayor
WITNESSES:
(I)
signature
PrintedlTyped Name
(2)
Signature
PrintedlTyped Name
Agenda Item No, 16F3
September 13, 2005
Page 1 of 26
EXECUTIVE SUMMARY
Recommendation to approve an Agreement between the Florida
Department of Community Affairs and Collier County accepting $8,113 for
the preparation of Hazards Analysis Reports for facilities storing extremely
hazardous substances within the County and approve the Budget
Amendment necessary to recognize and appropriate $8,113 as revenue
OBJECTIVE: Board of County Commissioners approval of Agreement #06CP-ll-09-
21-01-000 between the Florida Department of Community Affairs (DCA) and Collier
County accepting $8,113 for the preparation of hazards analysis reports on thirty-three
(33) Extremely Hazardous Substances (EHS) sites within Collier County.
CONSIDERATIONS: The Florida Department of Community Affairs, (DCA) requires
that 50% of the Extremely Hazardous Substances (EHS) sites within Collier County be
visited and reported on each year. The Conservation and Coastal Management Element
of the County Growth Management Plan requires that hazards analysis site visits be made
to all sites biennially. Acceptance of the Agreement will allow Collier County to comply
with both the DCA and Collier Growth Management Plan requirements. Under the terms
of the Agreement, 50% of the EHS sites in the County will be visited and reported on by
February 1, 2006.
The Agreement was received by the Emergency Management Department on July 5,
2005 just after the July 1, 2005 contract start date. However, Emergency Management
staff does not anticipate problems meeting the fIrst deliverable date of August 15, 2005,
and is recommending that the County accept the Agreement as written.
The Agreement has been reviewed and approved for form and legal sufficiency by Robert
Zachary, Assistant County Attorney.
FISCAL IMPACT: An increase by budget amendment of $8,113 to Fund 118
(Emergency Management Grants) for FY 05. No matching funds are required.
GROWTH MANAGEMENT IMPACT: The review and updating of hazards analysis
reports is required by the Conservation and Coastal Management Element of the County
Growth Management Plan, Objective #9.1, Policy 9.1.7.
RECOMMENDATION: That the Board of County Commissioners approve an
Agreement between the Florida Department of Community Affairs and Collier County
accepting $8,113 for the preparation of hazards analysis reports for thirty-three (33)
facilities within Collier County, and approve the budget amendment necessary to
recognize and appropriate $8,113 as revenue.
,,-
Prepared by: Darcy Waldron, Sr. Administrative Assistant
Department of Emergency Management
1'-"1 Number:
Item Summery:
MeetinG Date:
Agenda 11em No, 16F3
Septamuer 13. 2005
Page 2 01 26
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16F3
Reoommerlcialion 10 "ppmvf! an Agreement betWfJ'fln the Flofldtt Deporlment of Community
Affairs iIlnd Collier County accepfin(l $8,113 for the preparation of HaZlrds AnalysIs Repor1s
10r fecUlties stotlng extremely huardouu &Ub9toncea within the County and approve the
Budge1 Amendment necessary 10 recognize I'lnd appropriate $8,113 BS revenue
9/13120059:00:00 AM
0...
Appro'\'ed B)'
Darcy Waldron
County MIRllget'fl OffiOI!!
Senior Administrative Aulstant
Emergency Ma"~en'"'nt
8/9/2005 4:20 PM
0...
Approved By
Merk!me J. Foord
Admims1rativll' &rvloo.
Granttl Coordinator
Adminlstu\Uve SC!:IMces Admin
8/10/200611 :02 AM
0...
Approved B)'
Oan L Summon:
CDUllly Manllger'. Offioe
Buroau of EmerQcncy SC!lfvices Director
Buruu or Emergflncy Servloel
811212005 1~OO PM
D'"
Approved B"
OMS Coordinator
Count~' Manager's: attio,,"
Admlnistr.tlvlO Auiattlnt
Office of Management & Budget
8115120051:39 AM
0"'.
Approved By
Michael Snlykowskl
County Mamlger'l'i Office
Managernent & Budget Director
Offico or Mal1lilperoont & Budget
8!1~12005 11':31 AM
D"'.
Approved B)'
James V, M.ldd
Board of County
COlllmistlllCmarli
County Man'lger
County Managcr'5 Office
8/16120055:25 PM
Agenda Item No. 16F3
September 13, 2005
Page 3 of 26
Contract Number: 06CP-11-09-21-01-XXX
CSFA Number 52.023
STATE-FUNDED SUBGRANT AGREEMENT
THIS AGREEMENT is entered into by and between the State of Florida. Department of
Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the
"Department"). and Collier County, (hereinafter referred to as the "Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
A. WHEREAS, the Recipient represents that it is fully qualified and eligible to receive these grant
funds to provide the services identified herein; and
B. WHEREAS, the Department has received these grant funds from the State of Florida, and has
the authority to subgrant these funds to the Recipient upon the terms and conditions hereinafter set forth;
and
C. WHEREAS, the Department has authority pursuant to Florida law to disburse the funds under
this Agreement.
NOW. THEREFORE. the Department and the Recipient do mutually agree as follows:
(1) SCOPE OF WORK
The Recipient shall fully perform the obligations in accordance with the Financial
Compensation Requirements, Attachment A of this Agreement, and the Scope of Work and Schedule of
Payments, Attachment B of this Agreement.
(2) INCORPORATION OF LAWS. RULES. REGULATIONS AND POLICIES
Both the Recipient and the Department shall be governed by applicable State and
Federal laws, rules and regulations, including but not limited to those identified in EXIBIT-1 and
Attachment B.
(3) PERIOD OF AGREEMENT
This Agreement shall begin upon execution by both parties or July 1, 2005. whichever is
later, and shall end June 30. 2006, unless terminated earlier in accordance with the provisions of
Paragraph (12) of this Agreement.
(4) MODIFICATION OF CONTRACT
Either party may request modification of the provisions of this Agreement. Changes
which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the
parties hereto, and attached to the original of this Agreement.
(5) RECORDKEEPING
(a) The Recipient shall retain sufficient records demonstrating its compliance with the
terms of this Agreement, and the compliance of all subcontractors or consultants to be paid from funds
provided under this Agreement, for a period of five years from the date the audit report is issued, and
shall allow the Department or its designee, Comptroller. or Auditor General access to such records upon
request. The Recipient shall ensure that audit working papers are made available to the Department or
its designee, Comptroller, or Auditor General upon request for a period of five years from the date the
audit report is issued, unless extended in writing by the Department, with the following exceptions:
Agenda Item No. 16F3
September 13, 2005
Page 4 of 26
1. If any litigation, claim or audit is started before the expiration of the five year
period and extends beyond the five year period, the records will be maintained until all litigation, claims or
audit findings involving the records have been resolved.
2. Records for the disposition of non-expendable personal property valued at
$5,000 or more at the time of acquisition shall be retained for five years after final disposition.
3. Records relating to real property acquisition shall be retained for five years
after closing of title.
(b) The Recipient shall maintain all records, for the Recipient and for all subcontractors
or consultants to be paid from funds provided under this Agreement, including supporting documentation
of all program costs, in a form sufficient to detennine compliance with the requirements and objectives of
the Financial Compensation Requirements - Attachment A - and the Scope of Work and Schedule of
Payments - Attachment B - and all other applicable laws and regulations.
(c) The Recipient, Its employees or agents, including all subcontractors or consultants to
be paid from funds provided under this Agreement, shall allow access to its records at reasonable times
to the Department, its employees, and agents. "Reasonable" shall be construed according to the
circumstances but ordinarily shall mean during nonnal business hours of 8:00 a.m, to 5:00 p.m., local
time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the
Department.
(6) AUDIT REQUIREMENTS
(a) The Recipient agrees to maintain financial procedures and support documents, in
accordance with generally accepted accounting principles, to account for the receipt and expenditure of
funds under this Agreement.
(b) These records shall be available at all reasonable times for inspection, review, or
audit by state personnel and other personnel duly authorized by the Department. "Reasonable" shall be
construed according to circumstances, but ordinarily shall mean nonnal business hours of 8:00 a.m. to
5:00 p.m., local time, Monday through Friday.
(c) The Recipient shall also provide the Department with the records, reports or financial
statements upon request for the purposes of auditing and monitoring the funds awarded under this
Agreement.
(d) If the Recipient is a non-state entity as defined by Section 215.97, Fla. Stat.. it shall
comply with the following:
In the event that the Recipient expends a total amount of State financial assistance equal
to or in excess of $500,000 in any fiscal year of such Recipient, the Recipient must have a State single or
project-specific audit for such fiscal year in accordance with Section 215.97, Fla. Stat.; applicable rules of
the Executive Office of the Govemor and the Comptroller; and Chapters 10.550 (local government
entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT -1 to this
Agreement indicates State financial assistance awarded through the Department by this Agreement. In
detennining the State financial assistance expended in its fiscal year, the Recipient shall consider all
sources of State financial assistance, including State funds received from the Department, other state
agencies, and other non-state entities. State financial assistance does not include Federal direct or pass-
through awards and resources received by a non-state entity for Federal program matching requirements.
In connection with the audit requirements addressed in this Paragraph 6(d) above, the
Recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Fia. Stat. This
includes submission of a reporting package as defined by Section 215.97(2)(d), Fla. Stat. and Chapters
2
Agenda Item No. 16F3
September 13, 2005
Page 5 of 26
10.550 (local govemmentalentities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor
General.
If the Recipient 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, Fla. Stat. is not required. In the
event that the Recipient 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, Fla. Stat. the cost
of the audit must be paid from the non-state entity's resources (Le., the cost of such an audit must be paid
from the Recipient's resources obtained from other than State entities). Additional infonnation on the
Florida Single Audit Ad. may be found at the following website: htto://www.state.fl.uslfsaa/statutes.html.
(e) Report Submission
1. The annual financial audit report shall include all management letters and the
Recipient's response to all findings, including corrective actions to be taken.
2. 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.
3. Copies of financial reporting packages required under this Paragraph 6 shall
be submitted by or on behalf of the Recipient directlv to each of the following:
The Department of Community Affairs at each of the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
[an electronic copy shall also be submitted to the above office]
and
Department of Community Affairs
Division of Emergency Management
Bureau of Compliance Planning and Support
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
The Auditor General's Office at the following address:
Auditor General's Office
Room 401, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
4. Any reports, management letter, or other information required to be submitted
to the Department pursuant to this Agreement shall be submitted timely in accordance with OMB Circular
A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-
profrt organizations), Rules of the Auditor General, as applicable.
5. Recipients, when submitting financial reporting packages to the Department
for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local govemmental entities)
or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date
that the reporting paCkage was delivered to the Recipient in correspondence accompanying the reporting
package.
3
Agenda Item No, 16F3
September 13, 2005
Page 6 of 26
(f) In the event the audit shows that the entire funds disbursed hereunder, or any portion
thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be held
liable for reimbursement to the Department of all funds not spent in accordance with thase applicable
regulations and Agreement provisions within thirty (30) days after the Department has notified the
Recipient of such non-compliance.
(g) The Recipient shall have all audits completed in accordance with Section 215.97, .E!i...
Stat. by an independent certified public accountant (IPA) who shall either be a certified public accountant
or a public accountant licensed under Chapter 473, Fla. Stat. The IPA shall state that the audit complied
with the applicable provisions noted above.
(7) REPORTS
(a) If all required reports and copies, prescribed above, are not sent to the Department or
are not completed in a manner acceptable to the Department, the Department may withhold further
payments until they are completed or may take such other action as set forth in Paragraph (11)
REMEDIES. "Acceptable to the Department" means that the work product was completed in accordance
with the Financial Compensation Requirements - Attachment A - and the Scope of Work and Schedule of
Payments - Attachment B.
(b) The Recipient shall provide such additional program updates or information as may
be required by the Department.
(8) MONITORING
The Recipient shall monitor its performance under this Agreement. as well as that of Its
subcontractors, sub-recipients and consultants who are paid from funds provided under this Agreement,
to ensure that time schedules are met, the Scope of Work and Schedule of Payments is accomplished
within the specified time periods, and other performance goals stated in this Agreement are achieved.
Such review shall be made for each function or activity set forth in Attachment B to this Agreement.
In addition to reviews of audits conducted in accordance with OMB Circular A-133, as
revised and Section 215.97. Fla. Stat. (see Paragraph (6) AUDIT REQUIREMENTS, above), monitoring
procedures may Include, but not be limited to, on-site visits by Department staff, limited scope audits as
defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement,
the Recipient agrees to comply and cooperate with all monitoring procedures/processes deemed
appropriate by the Department. In the event that the Department determines that a limited scope audit of
the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by
the Department to the Recipient regarding such audit. The Recipient further agrees to comply and
cooperate with any inspections, reviews, investigations or audits deemed necessary by the Comptroller or
Auditor General. In addition, the Department will monitor the performance and financial management by
the Recipient throughout the contract term to ensure timely completion of all tasks.
(9) LIABILITY
(a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla.
Stat., the Recipient shall be solely responsible to parties with whom It shall deal in carrying out the terms
of this Agreement, and shall hold the Department harmless against all claims of whatever nature by third
parties arising out of the performance of work under this agreement. For purposes of this Agreement,
Recipient agrees that it is not an employee or agent of the Department, but is an independent contractor.
(b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28,
Fla. Stat.. agrees to be fully responsible to the extent provided by Section 768.28 Fla. Stat. for its
negligent acts or omissions or tortious acts which result in claims or suits against the Department, and
agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is
4
Agenda Item No. 16F3
September 13, 2005
Page 7 of 26
intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity
applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of
Florida to be sued by third parties in any matter arising out of any contract.
(10) DEFAULT
If any of the following events occur ("Events of DefaultW), all obligations on the part of the
Department to make any further payment of funds hereunder shall, If the Department so elects, terminate
and the Department may, at its option, exercise any of its remedies set forth in Parag raph (11), but the
Department may make any payments or parts of payments after the happening of any Events of Default
without thereby waiving the right to exercise such remedies, and without becoming liable to make any
further payment:
(a) If any warranty or representation made by the Recipient in this Agreement or any
previous Agreement with the Department shall at any time be false or misleading in any respect, or If the
Recipient shall fail to keep, observe or perform any of the obligations, terms or covenants contained in
this Agreement or any previous agreement with the Department and has not cured such in timely fashion,
or is unable or unwilling to meet its obligations thereunder;
(b) If any material adverse change shall occur in the financial condition of the Recipient
at any time during the term of this Agreement, and the Recipient fails to cure said material adverse
change within thirty (30) days from the date written notice is sent by the Department.
(c) If any reports required by this Agreement have not been submitted to the Department
or have been submitted with incorrect, incomplete or insufficient information;
(d) If the Recipient has failed to perform and complete in timely fashion any of its
obligations under this Agreement.
(11) REMEDIES
Upon the happening of an Event of Default, then the Department may, at Its option, upon
thirty (30) calendar days prior written notice to the Recipient and upon the Recipient's failure to cure
within said thirty (30) day period, exercise anyone or more of the following remedies, either concurrently
or consecutively:
(a) Terminate this Agreement, provided that the Recipient is given at least thirty (30)
days prior written notice of such termination. The notice shall be effective when placed in the United
States mail, first class mail, postage prepaid, by registered or certified mail-retum receipt requested, to
the address set forth in Paragraph (13) herein;
(b) Commence an appropriate legal or equitable action to enforce performance of this
Agreement;
(c) Withhold or suspend payment of all or any part of a request for payment;
(d) Exercise any corrective or remedial actions, to include but not be limited to:
1. requesting additional information from the Recipient to determine the reasons
for or the extent of non-compliance or lack of performance,
2. issuing a written waming to advise that more serious measures may be taken
if the situation is not corrected,
5
Agenda Item No. 16F3
September 13, 2005
Page 8 of 26
3. advising the Recipient to suspend, discontinue or refrain from incurring costs
for any activities in question or
4. requiring the Recipient to reimburse the Department for the amount of costs
incurred for any Items determined to be ineligible;
(e) Require that the Recipient retum to the Department any funds which were used for
ineligible purposes under the program laws, rules and regulations goveming the use of funds under this
program;
(f) Exercise any other rights or remedies which may be otherwise available under
law;
(g) The pursuit of anyone of the above remedies shall not preclude the Department from
pursuing any other remedies contained herein or otherwise provided at law or in equity. No waiver by the
Department of any right or remedy granted hereunder or failure to insist on strict performance by the
Recipient shall affect or extend or act as a waiver of any other right or remedy of the Department
hereunder, or affect the subsequent exercise of the same right or remedy by the Department for any
further or subsequent default by the Recipient.
(12) TERMINATION
(a) The Department may terminate this Agreement for cause upon such written notice as
is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud;
lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and
refusal by the Recipient to permit public access to any document, paper, letter, or other material subject
to disclosure under Chapter 119, Fla. Stat., as amended.
(b) The Department may terminate this Agreement when it determines, in its sole
discretion, that the continuation of the Agreement would not produce beneficial results commensurate
with the further expenditure of funds, by providing the Recipient with thirty (30) calendar days prior written
notice.
(c) The parties may agree to terminate this Agreement for their mutual convenience as
evidenced by written amendment of this Agreement. The amendment shall establish the effective date of
the termination and the procedures for proper closeout of the Agreement.
(d) In the event that this Agreement is terminated, the Recipient will not incur new
obligations for the terminated portion of the Agreement after the Recipient has received the notification of
termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after
the date of receipt of notice of the termination will be disallowed. Notwithstanding the above, the
Recipient shall not be relieved of liability to the Department by virtue of any breach of Agreement by the
Recipient. The Department may, to the extent authorized by law, withhold any payments to the Recipient
for purpose of set-off until such time as the exact amount of damages due the Department from the
Recipient is determined.
(13) NOTICE AND CONTACT
(a) All notices provided under or pursuant to this Agreement shall be in writing, either by
hand delivery, or first class, certified mail, return receipt requested, to the representative identified below
at the address set forth below and said notification attached to the original of this Agreement.
6
Agenda Item No. 16F3
September 13, 2005
Page 9 of 26
(b) The name and address of the Department contract manager for this Agreement is:
Mr. Timothy Date
Department of Community Affairs
Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Telephone: (850) 410-1272
Fax: (850) 488-1739
Email: tim.date@dca.state.f1.us
(c) In the event that different representatives or addresses are designated by either party
after execution of this Agreement, notice of the name, title and address of the new representative
will be rendered as provided in (13)(a) above.
(14) SUBCONTRACTS
If the Recipient subcontracts any or all of the work required under this Agreement, within
thirty (30) days after execution of the subcontract by the Recipient, a copy of the executed subcontract
must be forwarded to the Department. The Recipient agrees to include in the subcontract that (i) the
subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable
state and federal laws and regulations, and (Hi) the subcontractor shall hold the Department and Recipient
harmless against all claims of whatever nature arising out of the subcontractor's performance of work
under this Agreement, to the extent allowed and required by law.
For each subcontract, the Recipient shall provide a written statement to the Department
as to whether that subcontractor is a minority vendor.
(15) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
(16) ATTACHMENTS
(a) All attachments to this Agreement are incorporated as if set out fully herein.
(b) In the event of any inconsistencies or conflict between the language of this
Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to
the extent of such conflict or inconsistency.
(c) This Agreement has the following attachments:
Exhibit 1 - Funding Sources
Attachment A - Financial Compensation Requirements
Attachment B - Scope of Work and Schedule of Payments
Attachment C - County Facilities Listing
Attachment D - Financial Invoice
Attachment E - Warranties and Representations
(17) FUNDING/CONSIDERA TION
This is a fixed fee agreement. As consideration for performance of work rendered under
this Agreement, the Department agrees to pay a fixed fee of up to $8.113.00. Payment will be made in
accordance with the provisions of the Financial Compensation Requirements, Attachment A of this
Agreement, and the Scope of Work and Schedule of Payments, Attachment B of this Agreement.
7
Agenda Item No, 16F3
September 13, 2005
Page 10 of 26
The sole intent of this Agreement is to provide financial assistance to the Recipient to
support the conduct of site-specific hazards analyses and hazardous materials emergency management
activities. It is therefore required that all expenditures paid from this fund be directly related to hazardous
materials preparedness, response, recovery or mitigation activities. Contract funds are not required to be
expended within the contract period. Any payments received after termination of the Agreement shall be
considered payments for work performed pursuant to the Agreement.
If the necessary funds are not available to fund this Agreement as a result of action by
Congress, the state Legislature, the Office of the Comptroller or the Office of Management and
Budgeting, all obligations on the part of the Department to make any further payment of funds hereunder
shall terminate, and the Recipient shall submit Its closeout report within thirty (30) days of receipt of notice
from the Department.
(18) REPAYMENTS
All refunds or repayments to be made to the Department under this Agreement are to be
made payable to the order of "Department of Community Affairs", and mailed directly to the Department at
the following address:
Department of Community Affairs
Cashier
Finance and Accounting
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
in accordance with Section 215.34(2), Fla. Stat.. if a check or other draft is returned to
the Department for collection, the Department must add to the amount of the check or draft a service fee
of Fifteen Dollars ($15.00) or Five Percent (5%) of the face amount of the check or draft, whichever is
greater.
(19) VENDOR PAYMENTS
Pursuant to Section 215.422, Fla. Stat.. the Department shall issue payments to vendors
within 40 days after receipt of an acceptable invoice and receipt, inspection, and acceptance of goods
and/or services provided in accordance with the terms and conditions of the Agreement. Failure to issue
the warrant within 40 days shall result in the Department paying interest at a rate as established pursuant
to Section 55.03(1) Fla. Stat. The interest penalty shall be paid within 15 days after issuing the warrant.
Vendors experiencing problems obtaining timely payment(s) from a state agency may
receive assistance by contacting the Vendor Ombudsman at (850) 488-2924 or by calling the State
Comptroller's Hotline at 1-800-848-3792.
(20) STANDARD CONDITIONS
(a) The validity of this Agreement is subject to the t!\Jth and accuracy of all the
information, representations, and materials submitted or provided by the Recipient in this Agreement, in
any subsequent submission or response to Department request, or in any submission or response to fulfill
the requirements of this Agreement, and such information, representations, and materials are
incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of
the Department and with thirty (30) days written notice to the Recipient, cause the termination of this
Agreement and the release of the Department from all Its obligations to the Recipient.
(b) This Agreement shall be construed under the laws of the State of Florida, and venue
for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict
with any applicable statute or !\Jle, or is otherwise unenforceable, then such provision shall be deemed
8
Agenda Item No. 16F3
September 13. 2005
Page 11 of 26
null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any
other provision of this Agreement
(c) Any power of approval or disapproval granted to the Department under the terms of
this Agreement shall survive the terms and life of this Agreement as a whole.
(d) The Agreement may be executed in any number of counterparts, anyone of which
may be taken as an original.
(e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law
101-336,42 U.S.C.Section 12101 et sea.), if applicable, which prohibits discrimination by public and
private entities on the basis of disability in the areas of employment, public accommodations,
transportation, State and local government services, and in telecommunications.
(f) 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 a
public entity, and may not transact business with any public entity in excess of Category Two for a period
of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor
list.
(g) An entity or affiliate who has been placed on the discriminatory vendor list 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 award or perform work as a contractor,
supplier, subcontractor, or consultant under contract with any public entity, and may not transact business
with any public entity.
(h) The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature, and subject to any modification in
accordance with Chapter 216, Fla. Stat. or the Florida Constitution.
(i) All bills for fees or other compensation for services or expenses shall be submitted in
detail sufficient for a proper preaudit and postaudit thereof.
m The Department of Community Affairs reserves the right to unilaterally cancel this
Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or other
material subject to the provisions of Chapter 119, Fla. Stat., and made or received by the Recipient in
conjunction with this Agreement.
(k) If the Recipient Is allowed to temporarily invest any advances of funds under this
Agreement, any interest income shall either be returned to the Department or be applied against the
Department's obligation to pay the contract amount.
(I) The State of Florida will not intentionally award publicly-funded contracts to any
contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment
provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act
("l NA")]. The Department shall consider the employment by any contractor of unauthorized aliens a
violation of Section 274A( e) of the INA. Such violation by the Recipient of the employment provisions
contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation ofthis Agreement by
the Department.
9
Agenda Item No. 16F3
September 13, 2005
Page 12 of 26
(21) STATE LOBBYING PROHIBITION
No funds or other resources received from the Department in connection with this
Agreement may be used directly or indirectly to influence legislation or any other official action by the
Florida Legislature or any state agency.
(22) COPYRIGHT. PATENT AND TRADEMARK
ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE
PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA.
ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE
OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF
FLORIDA.
(a) If the Recipient brings to the performance of this Agreement a pre-existing patent or
copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright
unless the Agreement provides otherwise.
(b) If any discovery or invention arises or is developed in the course of or as a result of
work or services performed under this Agreement, or in any way connected herewith, the Recipient shall
refer the discovery or invention to the Department for a determination whether patent protection will be
sought in the name of the State of Florida. Any and all patent rights accruing under or in connection with
the performance of this Agreement are hereby reserved to the State of Florida. In the event that any
books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the
Department Any and all copyrights accruing under or in connection with the performance under this
Agreement are hereby transferred by the Recipient to the State of Florida.
(c) Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all
intellectual properties relevant to the performance of this Agreement which he or she knows or should
know could give rise to a patent or copyright The Recipient shall retain all rights and entitlements to any
pre-existing intellectual property which is so disclosed. Failure to disclose will indicate that no such
property exists. The Department shall then, under Paragraph (b), have the right to all patents and
copyrights which accrue during performance of the Agreement.
(23) LEGAL AUTHORIZATION
The Recipient certifies with respect to this Agreement that it possesses the legal authority
to receive the funds to be provided under this Agreement and that, if applicable, i1s governing body has
authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants
and assurances contained herein. The Recipient also certifies that the undersigned possesses the
authority to legally execute and bind Recipient to the terms of this Agreement.
10
Agenda Item No, 16F3
September 13, 2005
Page 13 of 26
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their
undersigned officials as duly authorized.
ReciDient: COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
By:
Fred W. Coyle, Chairman
Date:
FEID# 59-6000558
Deputy Clerk
A lTEST: Dwight E. Brock, Clerk
By:
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
BY:
Name and TItle: W. Craie Fueate. Director
Division of Emeraencv Manaaement
Date:
11
Agenda Item No. 16F3
September 13, 2005
Page 14 of 26
EXHIBIT -1
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST
OF THE FOLLOWING:
SUBJECT TO SECTION 215.97, FLORIDA STATUTES:
Department of Community Affairs, Florida Hazardous Materials Planning and Prevention Program,
Catalog of State Financial Assistance Number 52.023 in the amount of $8,113.00.
COMPLIANCE REQUIREMENTS APPUCABLE TO STATE RESOURCES AWARDED PURSUANT TO
THIS AGREEMENT ARE AS FOLLOWS:
1. Emergency Planning and Community Right-ta-Know Act (EPCRA), Title III of the Superfund
Amendments and Reauthorization Act of 1986,42 U.S.C. s. 11001, et seq. (SARA).
2. Florida Hazardous Materials Emergency Response and Community Right-to-Know Act of 1988,
Chapter 252, Part II, Florida Statutes
REMAINDER OF THIS PAGE LEFf BLANK INTENTIONALLY
12
Agenda Item No, 16F3
September 13, 2005
Page 15 of 26
Attachment A
FINANCIAL COMPENSATION REQUIREMENTS
A. Upon execution of this Agreement, the Recipient shall be compensated for tasks completed in
accordance with the Scope of Work and Schedule of Payments, which are incorporated in this Agreement
as Attachment B, except as provided herein.
B. Each request for payment shall be initiated by the Department upon receipt of an acceptable
Financial Invoice (Attachment D) that is supported by a product that meets the requirements of this
Agreement. The Recipient's authorized official shall sign the Financial Invoice. The Recipient shall
submit a Financial Invoice for payment that is commensurate with the percentage of hazards analyses
submitted. The payment of the percentages of the fixed fee amount will be made on a perfonnance basis
in accordance with the percentage of work tasks submitted, except that the final 25 percent will not be
released until the final work product is completed, submitted, and approved by the Department.
C. In the event that the Recipient submits less than fifty (50) percent of the completed hazards
analyses on November 1, 2005 or less than the final fifty (50) percent of the completed hazards analyses
on February 1, 2006, then the payment due may be reduced by an amount commensurate with the
number of omitted hazards analyses and the number of days late, if any.
D. If the Department finds that the Recipient is not in compliance with the tenns of this
Agreement, or is not in compliance with any other grant program administered by the Department, then
without waiving its right to tenninate this Agreement, the Department may, with written notice, withhold
payment until the Recipient is in compliance with and is perfonning satisfactorily under this Agreement or
the applicable requirement of any other grant program administered by the Department. The notice will
be sent by Certified Mail, with return receipt requested, to the designated contact person. Noncompliance
under this section includes, but is not limited to, the Recipient's failure to submit timely, accurate and
complete products required under this Agreement.
End Attachment A
13
Agenda Item No. 16F3
September 13, 2005
Page 16 of 26
Attachment B
SCOPE OF WORK AND SCHEDULE OF PAYMENTS
PURPOSE
Submission of completed hazards analyses that comply with the hazardous materials site-specffic
hazards analysis criteria outlined in this Attachment. The primary guidance document is the -Technical
Guidance for Hazards Analysis.- All hazards analyses shall be consistent with the provisions of this
document. Any variation from the procedures outlined in this document must be requested in writing by
certified mail, retum receipt requested and approved by the Department.
I. SCOPE OF WORK
TASK 1: Coordination of Activities
The following includes, but is not limited to, activities to be performed under this Agreement:
A. Submit to the Deparbnent by August 15, 2005 the Recipient's contact person's name,
address, telephone number, E-mail address and the name of the software utilized to develop
the hazards analyses.
B. Submit to the Deparbnent by August 15, 2005 one completed sample hazards analysis for
review of consistency with the established planning criteria.
C. Of the facilities listed on Attachment C, fifty (50) percent of the completed hazards analyses,
shall be submitted to the Deparbnent by no later than November 1, 2005 and the final fifty
(50) percent of the completed hazards analyses shall be submitted to the Department by no
later than February 1, 2006 except that later dates may be agreed upon in writing by both
parties to this Agreement. Absent any extenuating circumstances and except as otherwise
provided in this Agreement, work submitted after February 1, 2006 will not be accepted,
reviewed or compensated. The Department will be the sole authority for determining
extenuating circumstances and granting extensions to the work submission deadline.
D. Within the period of the Agreement, participation in a technical assistance training session
provided by the Deparbnent. The Deparbnent reserves the right to waive this requirement.
E. Within the period of the Agreement, submit a list of facilities believed to have present
Extremely Hazardous Substances (EHSs) as designated by the Environmental Protection
Agency (EPA) in quantities at or above the Threshold Planning Quantity (TPQ), but have not
reported to the State Emergency Response Commission (SERC).
F. Ensure that the Hazards Analysis information is reflected in the county Local Mitigation
Strategy.
14
Agenda Item No. 16F3
September 13, 2005
Page 17 of 26
TASK 2: Review and Uodate of Hazards Analvses
A. Review and update hazards analyses for all facilities listed in Attachment C, which have
reported to the SERC that they have present those specific EHSs designated by the EPA in
quantities at or above the TPQ. It is required that each Attachment C facility be contacted by
on-site visit to ensure accuracy of hazards analysis. Each facility hazards analysis must
include, but is not limited to, the following items:
1. Facility Information
a. Facility name and address
Provide both physical address (no Post Office Box) and mailing address,
if different. Identify any discrepancies regarding facility name and/or
address compared to the Attachment C listing.
b. Facility Identification
SERC Code and geographic coordinates (latitude and longitude).
c. Facility Emergency Coordinator
Provide the name, title and telephone number (include 24-hour) of the
designated facility emergency coordinator.
d. Transportation Routes
List the main routes used within the County to transport chemicals to and
from the facility.
e. Evacuation Routes
Based on wind direction from the North, South, East and West, identify the
route(s) from the facility to exit the Vulnerable Zone (VZ).
f. Historical Accident Record
Describe any past releases or incidents that have occurred at each
facility. Include date, time, chemical name, quantity and number of
persons injured or killed (This information is available from the facility). If
it is determined that a facility does not have a historical accident record,
that shall be noted.
2. Hazard Identification
a. Chemical identities
Provide proper chemical name, CAS number and natural physical state
(according to exhibit C of the Technical Guidance for Hazards Analysis)
of each EHS present at any time up to one year prior to the site visit
b. Maximum quantity on-site
Express in exact pounds (not range codes) the maximum quantity of
each EHS the facility has on-site at any time up to one year prior to the
site visit.
15
Agenda Item No, 16F3
September 13, 2005
Page 18 of 26
c. Amount in largest container or interconnected containers
Express in pounds the amount of each EHS stored in the largest
container or interconnected containers (this is the release amount used
to determine the Vulnerable Zone).
d. Type and design of storage container or vessel
Indicate the storage method of each EHS, Le., drum, cylinder, tank, and
their respective capacities (It is helpful to indicate system types such as
manifold versus vacuum as well).
e. Nature of the hazard
Describe the type of hazard most likely to accompany a spill or release of
each EHS, i.e., fire, explosion.
3. Vulnerability Analysis
a. Extent of the Vulnerable Zone
Identify the estimated geographical area that may be subject to
concentrations of an airborne EHS at levels that could cause irreversible
acute health effects or death to human populations within the area
following an accidental release. Plot that geographical area on a map
indicating the Vulnerable Zone for each EHS present at the facility at or
above the TPQ. Enter the facility name, SERC code, chemical(s) name
and vulnerable zone(s) radius on vulnerable zone map(s).
b. Estimate Facility Population
Provide an estimate of the maximum number of employees present at
the facility at any given time, Le. if the facility is unmanned except for
routine maintenance by only one person then, the number of employees
present at any given time shall be noted as one.
c. Critical Facilities
Identify each critical facility and each facility's maximum expected
occupancy, within each VZ, which are essential to emergency response
or house special needs populations (schools, day cares, public safety
facilities, hospitals, etc.). If there are no critical facilities within the VZ,
that shall be noted.
d. Estimated Exposed Population
Provide an estimate of the maximum possible population (including facility
employees, general population and critical facilities etc.) within the VZ(s) that
would be affected in a worst case release for each EHS on site.
4. Risk Analysis
a. Probability of release
Rate the probability of release as Low, Moderate, or High based on
observations at the facility. Considerations should include history ofsprevious incidents and current conditions and controls at the facility.
16
Agenda Item No. 16F3
September 13, 2005
Page 19 of 26
b. Severity of consequences of human injury
Rate the severity of consequences if an actual release were to occur.
c. Severity of consequences of damage to property
Rate the potential damage to the facility, nearby buildings and
infrastructure if an actual release were to occur.
d. Severity of consequences of environmental exposure
Rate the potential damage to the surrounding environmentally sensitive
areas, natural habitat and wildlife if an actual release were to occur.
B. Identify those facilities in Attachment C for which a hazards analysis was not submitted.
Supporting documentation must be provided with a list to account for the facilities for which a
hazards analysis was not completed. In addition to the SERC Code Identification, supporting
documentation should indicate:
1. Facility has closed or is no longer in business.
2. Facility is not physically located in the County (indicate appropriate County location, if
known).
3. Facility does not have EHSs on-site or EHSs are below TPQ. These facilities require:
a. A Statement of Determination from the facility representative for the previous
reporting year; or
b. A letter from the facility representative fully explaining why the EHSs are not now
present at or above TPQ and a date when the EHSs were removed from the
facility .
TASK 3: On-Site Visits
A. Conduct a detailed on-site visit, within the period of this Agreement, of all the facilities listed
in Attachment C, to confirm the accuracy and completeness of information in the hazards
analysis (Task 2).
B. Submit a compact disk or diskette with a high-resolution digital image that is date stamped
within the period of this Agreement, of the EHS(s) on site at all applicable facilities listed on
Attachment C. The recipient may expend funds from this grant to purchase a digital camera
with the capability to perform the requirements listed above when a comparable camera is
not available. Upon request, the Department may approve an alternate verifiable format.
C. Submit a site plan map with the SERe code number and in sufficient detail to identify:
1. Location of major building(s)
2. Location and identification of EHS container(s)
3. Location of major street(s) and entrance(s)
4. North arrow and scale, if determined, or not to scale
D. Provide the date of the on-site visit.
17
Agenda Item No. 16F3
September 13, 2005
Page 20 of 26
TASK 4: Submission. Distribution and Notification of the Aooroved Hazards Analvses
A. Upon Department approval of all required hazards analyses, one (1) copy of each approved
hazards analysis (hard copy and/or electronic folmat) shall be submitted to the Department.
A complete copy of each approved hazards analysis shall be sent to the Local Emergency
Planning Committee and a copy of the transmittal letter shall be submitted to the Department.
B. Upon Department approval of all required hazards analyses, notify all facilities (for which a
hazards analysis was required) and response agencies of the availability of the hazards
analyses information, make that information available upon request and submit proof of said
notification to the Department.
II. SCHEDULE OF PAYMENTS
A. The first payment of fifteen (15) percent of the fixed fee amount is payable upon receipt of an
acceptable financial invoice (Attachment D), receipt of the Recipient's contact person's name,
address, telephone number, E-mail address, name of software utilized to develop the
hazards analyses and receipt of one completed sample hazards analysis due on or before
August 15,2005.
B. A second payment of thirty (30) percent of the fixed fee amount is payable upon receipt of an
acceptable financial invoice (Attachment D) and the completed hazards analyses due on or
before November 1, 2005. A third payment of thirty (30) percent of the fixed fee amount is
payable upon receipt of an acceptable financial invoice (Attachment D) and the completed
hazards analyses due on or before February 1, 2006. If less than the required amount of
hazards analyses are submitted on the due dates, payments may be made on a performance
basis that is commensurable with the percentage of hazards analyses submitted.
C. A final payment equal to Twenty-five (25) percent of the fixed fee amount may be released
upon receipt of an acceptable financial invoice (Attachment D) and upon Department
approval of all required hazards analyses.
End Attachment B
18
Agenda Item No. 16F3
September 13, 2005
Page 21 of 26
Attachment C
COUNTY FACILITIES LISTING
19
Agenda Item No. 16F3
September 13, 2005
Page 22 of 26
Attachment D
FINANCIAL INVOICE
FOR
HAZARDOUS MATERIALS HAZARDS ANALYSIS UPDATE
RECIPIENT: COLLIER COUNTY
AGREEMENT #
TOTAL AMOUNT
AMOUNT AMOUNT APPROVED
REQUESTED BY THE
BY THE RECIPIENT DEPARTMENT
$ $
$ $
$ $
$ $
$ $
(To be completed by
the Department)
1. Contact and Sample (15% Max.)
2. Hazards Analyses (30% Max.)
(50% completed/submitted)
3. Hazards Analyses (30% Max.)
(50% completed/submitted)
4. Final Work Product Completed (25%)
I certify that to the best of my knowledge and belief the billed costs are in accordance with the terms
of the Agreement.
Signature of Authorized Official/Title
Date
TOTAL AMOUNT TO BE PAID AS OF
THIS INVOICE $
AUTHORIZED BY
(To be completed by the Department)
20
Agenda Item No. 16F3
September 13, 2005
Page 23 of 26
Attachment E
Warranties and Representations
Financial Manaaement
Recipient's financial management system shall provide for the following:
(1) Accurate, current and complete disclosure of the financial results of this project or program in
accordance with Paragraph (7) and Paragraph (12) of this Agreement.
(2) If applicable, records that identify adequately the source and application of funds for all
federally-sponsored activities. These records shall contain information pertaining to Federal awards,
authorizations, obligations, un-obligated balances, assets, outlays, income and interest.
(3) Effective control over and accountability for all funds, property and other assets. Recipient
shall adequately safeguard all such assets and assure that they are used solely for authorized purposes.
(4) Comparison of outlays with budget amounts for each award. Whenever appropriate, financial
information should be related to performance and unit cost data.
(5) If applicable, written procedures to minimize the time elapsing between the transfer of funds
to the Recipient from the U.S. Treasury and the issuance or redemption of checks, warrants or payments
by other means for program purposes by the recipient. To the extent that the provisions of the Cash
Management Improvement Act (CMIA) (Pub. L. 101-453) govern, payment methods shall be consistent
with CMIA Treasury-State Agreements or the CMIA default procedures codified at 31 CFR part 205,
"Withdrawal of Cash from the Treasury for Advances under Federal Grant and Other Programs."
(6) If applicable, written procedures for determining the reasonableness, allocability and
allowability of costs in accordance with the provisions of the applicable Federal cost principles and the
terms and conditions of the award.
(7) Accounting records, including cost accounting records that are supported by source
documentation.
ComDetition
All procurement transactions shall be conducted in a manner to provide, to the maximum extent practical,
open and free competition. The recipient shall be alert to organizational conflicts of interest as well as
noncompetitive practices among contractors that may restrict or eliminate competition or otherwise
restrain trade. In order to ensure objective contractor performance and eliminate unfair competitive
advantage, contractors that develop or draft specifications, requirements, statements of work, invitations
for bids and/or requests for proposals shall be excluded from competing for such procurements. Awards
shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most
advantageous to the recipient, price, quality and other factors considered. Solicitations shall clearly set
forth all requirements that the bidder or offeror shall fulfill in order for the bid or offer to be evaluated by
the recipient. Any and all bids or offers may be rejected when it is in the recipient's interest to do so.
Codes of Conduct
The recipient shall maintain written standards of conduct goveming the performance of its employees
engaged in the award and administration of contracts. No employee, officer, or agent shall participate in
the selection, award, or administration of a contract supported by Federal funds if a real or apparent
21
>-
Agenda Item No. 16F3
September 13, 2005
Page 24 of 26
conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent,
any member of his or her immediate family, his or her partner, or an organization which employs or is
about to employ any of the parties indicated herein, has a financial or other interest In the firm selected for
an award. The officers, employees, and agents of the recipient shall neither solicit nor accept gratuities,
favors, or anything of monetary value from contractors, or parties to sub-agreements. However, recipients
may set standards for situations in which the financial interest is not substantial or the gift is an unsolicited
item of nominal value. The standards of conduct shall provide for disciplinary actions to be applied for
violations of such standards by officers, employees, or agents of the recipient.
Business Hours
The Recipient shall have Its offices open for business, with the entrance door open to the public, and at
least one employee on site, from at least 9:00 am to 5:00 pm, Monday through Friday.
Licensina and Permittina
All subcontractors or employees hired by the Recipient shall have all current licenses and permits
required for all of the particular work for which they are hired by the Recipient.
End Attachment E
22
.
Agenda Item No. 16F3
September 13, 2005
Page 25 of 26
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florida a better place to call home"
JEB BUSH
Govemor
THADDEUS L. COHEN, AlA
Secretary
July 1,2005
Mr. Dan E. Summers
Director of Operations
Collier County Emergency Preparedness
3301 East Tamiami Trail
Naples, Florida 34112
RECEIVED
JUL - 5 Z005
EMERGENCY MANAGEMENT
Dear Mr. Summers:
The Florida Department of Community Affairs is pleased to award funds to update the
Hazards Analysis data for your county. Based upon the allocation formula developed by the
Division, your county is entitled to receive $8,113. This is a fixed fee, performance based
agreement with its Scope of Work and Schedule of Payments outlined in Attachment B. There is
no requirement to match the allocation with county funds.
Your attention is directed to the following deliverable requirements contained in this
Agreement:
1. The first set of deliverables (contact name. sample hazards analysis etc.)
submission deadline is August 15. 2005.
2. The second set of deliverables (fifty percent of the Hazards Analyses Updates)
submission deadline is November 1.2005.
3. The third set of deliverables (final fifty percent of the Hazards Analyses Updates)
submission deadline is Februarv 1. 2006.
4. Finally, the contract requires documentation of site visits and site specific facility
information. This requirement can be met by submitting a digital, date stamped,
image of each Section 302 facility's chemical process(es) or, an alternate
verifiable format may be approved by the Department upon request.
A written request for extension must be approved prior to the original submission
deadlines or funding may be ieopardized. The submission deadlines for the hazards analyses are
required in order to allow Department staff sufficient time to complete the review process by the
contract closeout date of June 30, 2006.
2555 SHUMARD OAK BOULEVARD. TALLAHASSEE. FLORIDA 32399.2100
Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781/Suncom 291.0781
Internet add ress: htto./Iwww.dca.state.fl.us
CRlnCAL STATE CONCERN FIELD OFFICE
2796 Overseas HIghway. Suite 212
Marathon. FL 33050-=7
(305) 289-2402
COMMUNITY PLANNING
2555 Shumard Oak Boul.vard
Tallahasaee. FL 32399-2100
(850) 48&-2356
EMERGENCY MANAGEMENT
2555 Shumard Oak Boulavard
T.IIeha..... FL 32399-2100
(850) 413-9969
HOUSING" COMMUNITY DEVELOPMENT
2555 Shumard Oak BOUlevard
Tallahassee. FL 32399-2100
(850) 48&-7956
Agenda Item No. 16F3
September 13, 2005
Page 26 of 26
Mr. Dan E. Summers
July 1, 2005
Page Two
Please notify the Department by July 15, 2005, whether your county intends to acceptor
deny the funding. Enclosed are three copies of the Agreement for your review. A contract
number will be assigned to the Agreement at the time of final execution and will appear on the
signed original returned to you. If the county intends to accept the funding, please have the
Chairperson of the Board of County Commissioners sign/date each copy and return them to the
following address:
Mr. Timothy Date, Manager
Bureau of Compliance Planning and Support
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
In an effort to increase efficiency, the Department is in the process of developing a
revised scope of work for future hazards analyses contracts and welcomes any suggestions in this
effort. One option under consideration is for county staff to complete a questionnaire during the
facility site visit. The completed questionnaire along with the facility site plan and a picture (as
described above) would be submitted to Department staff to complete the actual hazards
analysis. Of course, depending on the changes to the scope of work, the funding formula may
have to be adjusted.
For this funding cycle, however, the scope of work has remained the same as last year.
Once the Department has received the August 15,2005 deliverables (contact infonnation and
sample hazards analysis), technical assistance visits can be scheduled. If you have any questions
regarding the Agreement or its requirements, please call Mr. Timothy Date at (850) 410-1272.
Sincerely,
~ rtfWfli;
Sheri Powers, Program Administrator
Bureau of Compliance Planning
And Support
SP/td
Enclosures
.-
."""...."
Agenda Item No. 16F4
September 13, 2005
Page1of17
EXECUTIVESU~Y
Recommendation to approve and execute License Agreements with Wal-Mart Stores, Inc.,
for use of its four Naples store' parking lots for distribution of disaster relief supplies to the
public.
OBJECTIVE: To provide Points of Distribution of relief supplies to the public in the aftermath of a
major disaster.
CONSIDERA TIONS: The hurricane season of 2004 taught all levels of government many valuable
lessons. Having a Point of Distribution (POD) plan at the local level significantly contributes towards the
public's return to normalcy should a major disaster affect them. A pre-identified POD is a location used
for managing in-bound resources and rapidly distributing the bulk emergency relief supplies such as
water, ice, food and tarps to the public. Ideally the site is situated in a manner to facilitate the public's
ability to "drive-thru" the area to receive the supplies without having to leave their cars. The benefits for
pre-identifying these locations are:
. Reduces the time to arrange for the reception of suppliers from the state and delivery to the public.
. If the main impediment for the public to re-occupy their homes be water and ice, this initiative
reduces that.
. Allows the public access to the immediate resource (tarps) to rapidly obtain and mitigate potential
future losses to their property due to rainfall.
Assisting Emergency Management with this task, Real Estate Services has identified thirteen potential
POD sites, four of which are Wal-Mart Stores located strategically throughout the County. Wal-Mart has
graciously, free of charge, offered to allow the County to use portions of the parking lots at its four stores
in Collier County for this purpose. License Agreements for three of the stores are attached for your
review and execution. The Agreement for the new Wal-Mart Store at CR 951 and Davis Blvd. is identical
to the other three and will be forthcoming. Each License will commence upon execution by Chairman
Coyle and run through December 31,2005.
The License Agreements have been reviewed and approved by the County Attorney's Office and Risk
Management Department.
FISCAL IMPACT: None
GROWm MANAGEMENT IMPACT: There is no impact to the Collier County Growth
Management Plan.
RECOMMENDATION: That the Board of County Commissioners approve the attached License
Agreements and authorize Chairman Coyle to execute the attached Agreements and the fourth Agreement
once it is received and approved by the County Attorney's Office.
PREPARED BY: Charles E. Carrington, Jr., SRIW A, Real Estate Services Manager
Facilities Management Department
Item Namar:
Item Summary:
MHllng 0"':
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16F4
Agenda Item No. 16F4
September 13, 2005
Page 2 of 17
Recommendltion 10 approve- I!lnd execute Ucenee AgreementG with Wal-M.rt Stores., Inc"
lor use Dilts. four Naple.t etore' p.rking l(lt~ tor di\!.tribution of disftSler relief s.upP'les to th~
public
9/13120059:00:00 AM
Dote
Approved B"
RIchard Zyvoloski, CEM,
FPEM
County Man;/lger'a Office
El1'Mlr~Nlcy ManllQemem Coordinator
elOergency MantIQement
8/12/2005 1:08 PM
Dote
Approved B,:
Dan E_ Surnrner.
County Mana9"r'a otficlt
Bureftu of Emerge-nc:y Servicea OirB<Jtor
BUrv8U of Emergency S.l"lo'ices
8112/200.s 1:11 PM
Dot.
Approved B)'
Skip Camp, C.F,M,
Adminletrative ServiClI!Is
Facillti... MllI1agemant Olr(lator
Facllltie8 Managll!lrtlem
8/12120051:21 PM
Date
Approved 8)'
James J. VonRlnteln
County Manager's Office
Emerg8f"ICY Mllnagement CDordlnator
Elllfitrgency Manllgement
8/12/20051:51 PM
Oat<
Approved By
OMB C.oordinator
County MalUlgcn's Oft'ice
AdminlltrlbveA....tollnt
Office of Mlnagemerr.t & BUdget
8/15120057:38 AM
Approved B~'
Michael $mykow.ki
County Manllger'e Offioe
Management & Budget Director
Oft'fce or Management & Budget
Dote
8I1e12005 9':01 AM
Dot.
Approved B~'
James V, Mudd
Bo.nrd of County
Commiukmer.
COUt'lty Managor
COUnty Mana;e,'G Office
8/1612005 ~:38 PM
Agenda Item No. 16F4
September 13, 2005
Page 3 of 17
LICENSE AGREEMENT
TInS LICENSE AGREEMENT ("Agreement"), made and entered into this _ day of 2005,_by,
and between WAL-MART STORES, INC., of702 S.W. 8* Street with offices at 2001 S.E. 10* Street,
Bentonville, Arkansas 72716-0550, Attn: Realty Management Dept. #44-9384 (collectively, "Licensor''); and
Collier County ("Licensee"),with an address of 3301 East Tamiami Trail, Naples, FL 34112, Attn: Real Estate
Services.
WITNESSETH
WHEREAS, Licensor is the owner ofi'holds a leasehold interest in that property known as Wal-Mart Store
#1957 (exhibit A), located at 11225 TAMIAMI TRAIL North. Nanles FL ("Premises"), and
WHEREAS, Licensee under this Agreement proposes to Operate Emergency Distribution Points at the
facility known as Wal-Mart Store #1957 ("License Area"), as depicted on Exhibit A; and
WHEREAS, Licensor and Licensee now desire to enter into an agreement whereby such business shall be
conducted by Licensee at the License Area, under such terms and conditions as are hereinafter more particularly set
forth.
NOW THEREFORE, in consideration of the mutual promises herein contained, the parties hereto do agree
as follows:
1. The Licensee is given pennission to occupy the License Area for the purpose of USln2 desi2ll8ted areas of
the Darkinl!: lot in emer2encv situations for Distribution Points for the distnbution of ememencv supplies
including but not limited to food. water. taros. armv rations. etc. for a neriod of 14 claw at a time (the
''Permitted Use'') on the License Area and for no other reason. The designated area to be used shall be
determined by the sole discretion of the Store Manager ofWal-Mart Store #1957. Should the License Area
be used for another purpose, Licensor may revoke and terminate this Agreement immediately, and Licensee
shall vacate and surrender the License Area to Licensor immediately upon notification. Licensee shall
secure at its sole cost and expense from all the appropriate authorities, all licenses and/or permits necessary
to conduct the permitted use on the License Area. Licensee agrees hereby to comply with all applicable
laws, rules, codes and/or other regulation governing such operation; obtain any and all necessary consents
or approvals, and to display same as required by any law, rule, code, or regulations of any administrative or
regulatory body, city, county, state, or federal agency, or other such body. Any fee, fine, cost, levy, or other
such charge resulting from the failure of Licensee to obtain and/or display any such item shall be the sole
responsibility of Licensee. Failure to pay any such charge sba1l be a default under this Agreement. If such
charge remains unpaid for a period of ten (10) days then Licensor may tenninate this Agreement. Licensor
makes no representation as to the availability of pennits, and Licensor shall have no liability to Licensee in
the event Licensee is unable for any reason to obtain pennits. Further, in the event Licensee is unable for
any reason to obtain all licenses and/or pennits necessary to operate on the License Area, Licensor can
revoke and terminate this Agreement immediately, and Licensee shall vacate the License Area immediately
upon notification.
2. The term of the Agreement shall begin on upon execution of this Agreement by Licensee and end
December 31, 2005 ("Term").
3. In consideration of the privilege granted and conceded by the Licensor, Licensee sball pay as rent to
Licensor the sum of $ 0
4. Licensee shall pay during the Term hereof all electrical, water, gas, telephone, and other public or private
utility charges in connection with its occupancy and use of any License Area, including all costs of
operating and maintaining all equipment therein, all business licenses, and similar permit fees. Effective
through the end of the Term, Licensee shall pay directly to the applicable public utilities the cost of all
utility services furnished to any License Area occupied or used by Licensee hereunder. Licensee shall
deliver to Licensor, within 10 days of written request, evidence that the utility companies have been notified
to bill Licensee directly for all services to any License Area occupied or used by Licensee hereunder. In the
event Licensor receives any invoices for utilities for the period during which Licensee occupied the License
Area, Licensee shall remit payment to the appropriate utility after receiving a copy of the bill from Licensor.
Agenda Item No. 16F4
September 13, 2005
Page ~of 17
In the event Licensee fails to make payment Licensor shall be entitled to remit payment on behalf of
Licensee. Licensee shall thereafter reimburse Licensor for the amount of the utility bill plus ten (10%) of
the total to reimburse Licensor for its administrative expense.
S. Licensee hereby agrees and covenants that the License Area will be kept clean at all times, free of any trash
or debris. If Licensee shall fail to maintain the License Area occupied or used by Licensee hereunder in a
clean manner, Licensor shall have the right to clean the License Area after five (5) days written notice to
Licensee. Licensor shall then be permitted to invoice Licensee for all costs incurred and to add a 15%
administrative fee to such costs. Licensee shall pay such invoice within thirty (30) days of its receipt or this
Agreement shall immediately terminate, and Licensee shall vacate and surrender the License Area to
Licensor.
6. Licensee hereby agrees and covenants that said Permitted Use will not create excessive noise; and in the
event that complaints arise due to excessive noise, then Licensee shall eliminate the source thereof. If
Licensee fails to cure within twenty-four (24) hours of notification, Licensor can revoke and terminate this
Agreement immediately, and Licensee shall vacate and surrender the License Area to Licensor immediately
upon notification.
7. Licensee hereby agrees and covenants that nothing shall penetrate the roof, the sides of the building, or the
surface of the parking lot at any License Area occupied or used by Licensee hereunder. Should a tent or
tents be necessary for display or to conduct business, the tent or tents shall be freestanding and shall be
located in an area which Licensor designates. Should damage occur to any License Area occupied or used
by Licensee hereunder due to the use of stakes, hanging of a sign or signs, or other means, Licensor shall be
pennitted to invoice Licensee for all costs incwTed to repair such damage and to add a 15% administrative
fee to such costs. Licensee shall pay such invoice within thirty (30) days of its receipt or this Agreement
shall immediately terminate and Licensee shall vacate and surrender such License Area to Licensor
immediately upon notification. Licensor reserves the right to pursue any legal remedies or alternatives to
collect any outstanding reimbursements related to this Agreement.
8. Licensee hereby agrees and covenants that all items ("Property") placed in or on any License Area occupied
or used by Licensee hereunder by Licensee, its employees, agents, or invitees of Licensee, or any occupant
of the License Area, will be removed from the License Area as soon as practicable following termination of
this Agreement, but in no event later than five (5) days following termination of this Agreement If
Licensee fails to remove the Property within period, Licensor shall have the right to
remove the Property from the License Area. Such Property shall become the sole and personal property of
Licensor, and Licensor may dispose of it at its discretion.
9. Upon termination of the Agreement, Licensee shall leave any License Area occupied or used by Licensee
hereunder broom clean in the same condition as at the commencement of the term hereof, reasonable wear
and tear excepted. Licensee further agrees and covenants that it will remove all property and clean any
License Area occupied or used by Licensee hereunder (including sweeping of its area of the parking lot) at
Licensee's sole expense, and Licensor shall not be required to do any work whatsoever. Licensee will
contact Manager ofWal-Mart Operating Store #1957, located at 11225 TAMIAMI TRAIL North. NaDles
FL, for a walk-through and return of key, if applicable, upon vacating the License Area.
10. Licensee hereby agrees and covenants that Licensee at aU times will indemnify and save, protect, defend
and hold harmless the Licensor and the Premises of, from, and against any and aU liability, cost, damage, or
expense, including reasonable attorney's fees and costs, and any fines whatsoever which may arise or be
claimed against the Licensor or the Premises by any person or persons for any loss, injury, damage, or death
of any person, or property whatsoever arising from or out of the business, operations, use, or occupancy of
the License Area by Licensee, the Licensee's agents, employees, or servants, or arising from or in
connection with any other act or omission of Licensee, except for any liability, cost damage, or expense,
including reasonable attorney's fees and costs and any fines whatsoever which may arise or be claimed by
any person or persons for any loss, injury, damage, or death of any person, or property whatsoever arising
from or out of the gross negligence or willful misconduct of licensor, its employees or agents. Licensor
understands and agrees that Licensee's indemnification of Licensor above the insurance limits stated in
Paragraph 12 is limited to the greatest extent allowed by Florida Law.
S:\Barri\Naples FL Ucenle Agreement\E.mersency Services Ucell80 Apement-WM 111957.doc
Sfl012005
Agenda Item No. 16F4
September 13, 2005
Page 5.3of 17
11. All Property belonging to Licensee, employees, agents, or invitees of Licensee, or any occupant of the
License Area, and on Licensor's Premises, shall be at the risk of Licensee or other person only, and
Licensor shall not be liable to damage thereto or theft or misappropriation thereof, provided, however, that
should Licensee fail to remove such property, pursuant to Paragraph 8 above, such property shall be
disposed of by Licensor without obligation to Licensee.
12. Licensee will carry and keep in force, at its own expense, Comprehensive General Liability insurance with
companies licensed to do business in this State, in an amount not less than $2,000,000 single limited
personal injury and property damage and $1,000,000 Worker's Compensation Insurance. The required
coverage may be provided in the fonn of Comprehensive General Liability Insurance coverage together
with Excess Liability insurance coverage. All policies of insurance shall be considered primary of any
existing, similar insurance carried by Licensor. Licensee shall furnish Licensor with a Certificate of
Insurance showing Licensor as additional insured. To the maximum extent permitted by insurance policies
that may be owned by Licensor or Licensee, Licensee or Licensor and their respective insured, for the
benefit of each other, waive any and all rights of subrogation that might otherwise exist.
13. Licensor hereby reserves the right during the Term hereof, for itself or its duly authorized agents or
representatives, to enter upon the License Area for the purpose of inspecting the same, showing the same to
any prospective purchaser, tenant or sub-tenant, or for any purpose for which Licensor may be required to
go on the Premises under this Agreement. Licensor shall also be permitted to have signage placed on the
Premises for marketing andl or advertising purposes.
14. Solicitation andlor distnbution of literature is prolubited at all times in any area of the store building.
Solicitation and lor distribution of literature is permitted outside the building provided the solicitation and
distribution of literature does not unduly harass Wal-Mart's Associates or Customers and does not impede
the free flow of traffic. Wal-Mart shall have the sole right to determine what constitutes undue harassment
of its Associates and Customers, and Wal-Mart shall have sole right to determine whether the solicitation
and lor distribution of literature impedes the free flow of traffic. No sign. poster, placard, display, handbill
or written material shall contain or depict "fighting words", obscenities, pornography, gross or gruesome
displays, highly inflammatory slogans likely to provoke a disturbance or racial or ethnic slurs. Wal-Mart
shall have the right to revoke this license should Licensee breach any covenant contained in this paragraph.
Licensee shall be required to sign two (2) copies of the Solicitation and Distnbution of Literature Rules.
Solicitation is defined as requesting or seeking, in writing or orally, donations, help or the like for any
cause. Distribution of literature is defined as the act or process of giving out or delivering leaflets,
pamphlets, or other written material.
15. Notwithstanding anything contained herein to the contrary, Licensor may revoke and terminate this License
Agreement for any reason with thirty (30) days written notice to the other by Certified Mail, Federal
Express, or overnight delivery, and Licensee shall vacate and SUlTCDder any License Area then occupied to
Licensor immediately with each party having all rights as if this Agreement has expired.
IN WITNESS WHEREOF, the respective parties hereto have caused this Agreement to be duly executed
as of the date first herein written.
S:\Bani\Naples FL License AgreementlEmergency Services l.icease Agreemenl- WM #1957,doc
8/1012005
LICENSEE:
COLLIER COUNTY
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
By:
Deputy Clerk
BY:
LICENSOR:
WAL-~' TORES,INC.
By:
/Y ,
Its:j\J iC'\t. e..,noOnoy- 1 ~ (\i ('I<" '0 oCt~~ fY'n~,
DATED:....i\ 10\05
By:
Agenda Item No. 16F4
September 13, 2005
Page l)k)f 17
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Fred W. Coyle, Chairman
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Agenda Item No. 16F4
September 13, 2005
Page 8 of 17
LICENSE AGREEMENT
TInS liCENSE AGREEMENT ("Agreement''), made and entered into this _ day of 200S,_by,
and between WAL-MART STORES, INC.. of702 S.W. Sib Street with offices at 2001 S.E. 101b Street,
Bentonville, Arkansas 72716-0550, Attn: Realty Management Dept. #44-9384 (collectively, "Ucensor'')~ and
Collier County ("Licensee"),with an address of 3301 East Tamiami Trail, Naples, FL 34112, Attn: Real Estate
Services.
WITNESS Em
WHEREAS. Ucensor is the owner ofi'holds a leasehold interest in that property mown 88 Wal-Mart Store
#1119 (Exhibit A), located at 3451 TAMIAMI TRAIL E. Naoles FL ("Premises"), and
WHEREAS, Licensee under this Agreement proposes to Operate Emergency Distribution Points at the
facility mown 88 Wal-Mart Store #1119 ("License Area"), as depicted on Exhtbit A; and
WHEREAS, Licensor and Licensee now desire to enter into an agreement whereby such business shall be
conducted by Licensee at the License Area, under such terms and conditions 88 are hereiDafter more particularly set
forth.
NOW THEREFORE, in consideration of the mutual promises herein contained, the parties hereto do agree
as follows:
1. The Licensee is given permission to occupy the License Area for the purpose of U8~ desismated areas of
the oarkinl!: lot in emerlleDCV situations for Distribution Points for the distribution of CD1el'Jencv suoolies
includiwz but not limited to food. water. Wps. army rations. etc. for a period of 14 davs at a time (the
"Permitted Use'') on the License Area and for no other reason. The designated area to be used shall be
determined by the sole discretion of the Store Manager ofWal-Mart Store #1119. Should the License Area
be used for another purpose, Ucensor may revoke and terminate this Agreement immediately, and Licensee
shall vacate and surrender the License Area to Licensor immediately upon notification. Licensee shall
secure at its sole cost and expense from all the appropriate authorities, all licenses andlor permits necessary
to conduct the permitted use on the License Area. Licensee agrees hereby to comply with all applicable
laws, mles, codes and/or other regulation governing such operation; obtain any and all necessary consents
or approvals, and to display same as required by any law, rule, code, or regulations of any administrative or
regulatory body, city, county, state, or federal agency, or other such body. Any fee, fme, cost, levy, or other
such charge resulting from the failure of Licensee to obtain andlor display any such item shall be the sole
responsibility of Licensee. Failure to pay any such charge shall be a default under this Agreement. If such
charge remains unpaid for a period often (10) days then Licensor may terminate this Agreement. Licensor
makes no representation as to the availability of permits, and Licensor shall have no liability to Licensee in
the event Licensee is unable for any reason to obtain permits. Further, in the event Licensee is unable for
any reason to obtain all licenses andlor pemrits necessary to operate on the License Area, Licensor can
revoke and terminate this Agreement immediately, and Licensee shall vacate the License Area immediately
upon notification.
2. The tenn of the Agreement shall begin on upon execution of this Agreement by Licensee and end
December 31,2005 ("Term").
3. In consideration of the privilege granted and conceded by the Licensor, Licensee shall pay as rent to
Licensor the sum of $ 0
4.
Licensee shall pay during the Term hereof all electrical, water, gas, telephone, and other public or private
utility charges in connection with its occupancy and use of any License Area, including all costs of
operating and maintaining all equipment therein. all business licenses, and similar permit fees. Effective
through the end of the Term. Licensee shall pay directly to the applicable public utilities the cost of all
utility services furnished to any License Area occupied or used by Licensee hereunder. Licensee shall
deliver to Licensor, within 10 days of written request, evidence that the utility companies have been notified
to bill Licensee directly for all services to any License Area occupied or used by Licensee hereunder. In the
event Licensor receives any invoices for utilities for the period during which Licensee occupied the License
Area, Licensee shall remit payment to the appropriate utility after receiving a copy of the bill from Licensor.
Agenda Item No. 16F4
September 13, 2005
Page 9):)f 1 7
In the event Licensee fails to ma.ke payment Licensor sba1l be entitled to remit payment on behalf of
Licensee. Licensee shall thereafter reimburse Licensor for the amount of the utility bill plus ten (10%) of
the total to reimburse Licensor for its administrative expense.
5. Licensee hereby agrees and covenants that the License Area will be kept clean at all times, free of any trash
or debris. If Licensee shall fail to maintain the License Area occupied or used by Licensee hereunder in a
clean manner, Licensor sba11 have the right to clean the License Area after five (5) days written notice to
Licensee. Licensor shall then be permitted to invoice Licensee for all costs incurred and to add a 15%
administrative fee to such costs. Licensee shall pay such invoice within thirty (30) days of its receipt or this
Agreement shall immediately terminate, and Licensee shall vacate and llU1TeQder the License Area to
Licensor.
6. Licensee hereby agrees and covenants that said Permitted Use will not create excessive noise; and in the
event that complaints arise due to excessive noise, then Licensee shall eliminate the source thereof. If
Licensee fails to cure within twenty-four (24) hours of notification, Licensor can revoke and terminate this
Agreement immediately, and Licensee shall vacate and surrender the License Area to Licensor immediately
upon notification.
7. Licensee hereby agrees and covenants that nothing shall penetrate the roof, the sides of the building, or the
surface of the parking lot at any License Area occupied or used by Licensee hereunder. Should a tent or
tents be necessary for display or to conduct business, the tent or tents shall be freestanding and shall be
located in an area which Licensor designates. Should damage occur to any License Area occupied or used
by Licensee hereunder due to the use of stakes, hanging of a sign or signs, or other means, Licensor shall be
permitted to invoice Licensee for all costs incurred to repair such damage and to add a 15% adminiRtr'ative
fee to such costs. Licensee sba11 pay such invoice within thirty (30) days of its receipt or this Agreement
shall immediately terminate and Licensee shall vacate and surrender such License Area to Licensor
immediately upon notification. Licensor reserves the right to pursue any legal remedies or alternatives to
collect any outstanding reimbursements related to this Agreement.
8. Licensee hereby agrees and covenants that all items (''Property'') placed in or on any License Area occupied
or used by Licensee hereunder by Licensee, its employees, agents, or invitees of Licensee, or any occupant
of the License Area, will be removed from the License Area as soon as practicable following termination of
this Agreement, but in no event later than five (5) days following termination of this Agreement. If
Licensee fails to remove the Property within period, Licensor shall have the right to
remove the Property from the License Area. Such Property shall become the sole and personal property of
Licensor, and Licensor may dispose of it at its discretion.
9. Upon termination of the Agreement, Licensee shall leave any License Area occupied or used by Licensee
hereunder broom clean in the same condition as at the commencement of the term hereof: reasonable wear
and tear excepted. Licensee further agrees and covenants that it will remove all property and clean any
License Area occupied or used by Licensee hereunder (including sweeping of its area of the parking lot) at
Licensee's sole expense, and Licensor shall not be required to do any work whatsoever. Licensee will
contact Manager ofWal-Mart Operating Store #1119, located at 3451 TAMIAMI TRAIL E. Naoles FL,
for a walk-through and return of key, if applicable, upon vacating the License Area,
10. Licensee hereby agrees and covenants that Licensee at all times will indemnify and save, protect, defend
and hold harmless the Licensor and the Premises of, from, and against any and all liability, cost, damage, or
expense, including reasonable attorney's fees and costs, and any tines whatsoever which may arise or be
claimed against the Licensor or the Premises by any person or persons for any loss, injury, damage, or death
of any person, or property whatsoever arising from or out of the business, operations, use, or occupancy of
the License Area by Licensee, the Licensee's agents, employees, or SCIVlUlts, or arising from or in
connection with any other act or omission of Licensee, except for any liability, cost damage, or expense,
including reasonable attorney's fees and costs and any fines whatsoever which may arise or be claimed by
any person or persons for any loss, injury, damage, or death of any person, or property whatsoever arising
from or out of the gross negligence or willful misconduct of licensor, its employees or agents. Licensor
understands and agrees that Licensee's indemnification of Licensor above the insurance limits stated in
Paragraph 12 is limited to the greatest extent allowed by Florida Law.
S:\Bam'\Naples FL license AgreementlEmergency Services License AgreemeDt-WM 1/1119.doc
8Il0/200S
11.
Agenda Item No. 16F4
September 13,2005
Page 1 OJ.:>f 17
All Property belonging to Licensee, employees, agents, or invitees of Licensee, or any occuplDt of the
License Area, and on Licensor's Premises, shall be at the risk of LiCCD8CC or other person only, and
Licensor shall not be liable to damage thereto or theft or misappropriation thereof, provided, however, that
should Licensee fail to remove such property, pursuant to Paragraph 8 above, such property shall be
disposed of by Licensor without obligation to LicCD8CC.
. \
12. Licensee will carry and keep in force, at its own expense, Comprehensive General Liability insurance with
companies licensed to do business in this State, in an amount not less than $2,000,000 single limited
personal injury and property damage and $1,000,000 Worker's Compensation Insurance. The required
coverage may be provided in the form of Comprehensive General Liability Insurance coverage together
with Excess Liability insurance coverage. All policies of insurance shall be considered primary of any
existing, similar insurance carried by Licensor. Licensee shall furnish Licensor with a Certificate of
Insurance showing Licensor as additional insured. To the maximum extent permitted by insurance policies
that may be owned by Licensor or LicCD8CC, Licensee or Licensor and their respective insured, for the
benefit of each other, waive any and all rights of subrogation that might otherwise exist
13. Licensor hereby reserves the right during the Tenn hereof, for itself or its duly authorized agents or
representatives, to enter upon the License Area for the purpose of inspecting the same, showing the same to
any prospective purchaser, tenant or sub-tenant, or for any purpose for which Licensor may be required to
go on the Premises under this Agreement. Licensor shall also be permitted to have signage placed on the
Premises for marketing andlor advertising purposes.
14. Solicitation and/or distribution of literature is prohIbited at all times in any area of the store building.
Solicitation and lor distribution of literature is permitted outside the building provided the solicitation and
distribution of literature does not unduly harass Wal-Matt's Associates or Customers and does not impede
the free flow of traffic. Wal-Mart shall have the sole right to determine what constitutes undue harassment
of its Associates and Customers, and Wal-Mart shall have sole right to detennine whether the solicitation
and lor distnbution of literature impedes the free flow of traffic. No sign, poster, placard, display, handbill
or written material shall contain or depict "fighting words", obscenities, pornography, gross or gruesome
displays, highly iuflammlltory slogans likely to provoke a disturbance or racial or ethnic slurs. Wal-Mart
shall have the right to revoke this license should Licensee breach any covenant contained in this paragraph.
Licensee shall be required to sign two (2) copies of the Solicitation and Distribution of Literature Rules.
Solicitation is defined as requesting or seeking, in writing or orally, donations, help or the like for any
cause. Distribution of literature is defined as the act or process of giving out or delivering leaflets,
pamphlets, or other written material.
15. Notwithstanding anything contained herein to the contrary, Licensor may revoke and terminate this License
Agreement for any reason with thirty (30) days written notice to the other by Certified Mail, Federal
Express, or overnight delivery, and Licensee shall vacate and surrender any License Area then occupied to
Licensor immediately with each party having all rights as if this Agreement has expired.
IN WITNESS WHEREOF, the respective parties hereto have caused this Agreement to be duly executed
as of the date first herein written.
S:\Bani\NlIples FL UceIIIc A~ Services LiceIIIe A.ereement-WM III I 19,doc
8/1012005
,,:k , t" i..
Ag~n(h"l 115m No. 1~f'4
SeptembGr 13,2005
Page 1140f 17
LICENSEE:
COLLIER COUNTY
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
Fred W. Coyle, Chainnan
Deputy Clerk
App~ to fonn ~ lepI.afllcieDcy:
BY: yn ~
-~~omas Calmer
Assistant County Attorney
UC~
WAL- . OIlFB.INC.
By:
Its: (\i0t. ~ord\"{;v '. S{J(\\c1{ Ylna\~ ~~
DATED:~(D
A%t~~
By: , . .1;;, ~
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Agenda Item No. 16F4
September 13, 2005
Page 13 of 17
LICENSE AGREEMENT
THIS LICENSE AGREEMENT ("Agreement''), made and entered into this _ clay of 2005,.by,
and between W AL-MART STORES, INC., of702 S.W. 81b Street with offices at 2001 S.E. 101b Street,
Bentonville, Arkansas 72716-0550, Attn: Realty Management Dept. #44-9384 (collectively, "Licensor"); and
Collier County (''Licensee''),with an address of 3301 East Tamiami Trail, Naples, FL 34112, Attn: Real Estate
Services.
WITNESSETH
WHEREAS, Licensor is the owner otlholds a leasehold interest in that property known as Wai-Mart Store
#5391 (exhibit A), located at 5420 Cormorant Ave. Nanles FL ("Premises"), and
WHEREAS, Licensee under this Agreement proposes to Operate Emergency Distribution Points at the
facility known as Wal-Mart Store #5391 (''License Area"), as depicted on Exlubit A; and
WHEREAS, Licensor and Licensee now desire to enter into an agreement whereby such business shall be
conducted by Licensee at the License Area, under such terms and conditions as are hereinafter more particularly set
forth.
NOW THEREFORE, in consideration of the mutual promises herein contained, the parties hereto do agree
as follows;
1. The Licensee is given permission to occupy the License Area for the purpose of usini desi2JUlted areas of
the narkinll lot in emereencv situations for Distribution Points for the distribution of emerg:encv su,nnlies
includine but not limited to food. water. tams. armv rations. etc. for a oeriod of 14 claw at a time (the
"Permitted Use") on the License Area and for no other reason. The designated area to be used shall be
determined by the sole discretion of the Store Manager ofWal-Mart Store #5391. Should the License Area
be used for another purpose, Licensor may revoke and terminate this Agreement immediately, and Licensee
shall vacate and surrender the License Area to Licensor immediately upon notification. Licensee sba11
secure at its sole cost and expense from all the appropriate authorities, all licenses and/or permits necessary
to conduct the permitted use on the License Area. Licensee agrees hereby to comply with all applicable
laws, rules, codes and/or other regulation governing such operation; obtain any and all necessary consents
or approvals, and to display same as required by any law, rule, code, or regulations of any administrative or
regulatory body, city, county, state, or federal agency, or other such body. Any fee, fine, cost, levy, or other
such charge resulting from the failure of Licensee to obtain and/or display any such item shall be the sole
responsibility of Licensee. Failw-e to pay any such charge shall be a default under this Agreement. If such
charge remains unpaid for a period of ten (10) clays then Licensor may terminate this Agreement. Licensor
makes no representation as to the availability of permits, and Licensor sball have no liability to Licensee in
the event Licensee is unable for any reason to obtain permits. Further, in the event Licensee is unable for
any reason to obtain all licenses and/or permits necessary to operate on the License Area, Licensor can
revoke and terminate this Agreement immediately, and Licensee shall vacate the License Area immediately
upon notification.
2. The term of the Agreement shall begin on upon execution of this Agreement by Licensee and end
December 31,2005 ("Term").
3. In consideration of the privilege granted and conceded by the Licensor, Licensee shall pay as rent to
Licensor the sum of $ 0
4. Licensee shall pay during the Term hereof all electrical, water, gas, telephone, and other public or private
utility charges in connection with its occupancy and use of any License Area, including all costs of
operating and maintaining all equipment therein, all business licenses, and similar permit fees. Effective
through the end of the Term, Licensee shall pay directly to the applicable public utilities the cost of all
utility services furnished to any License Area occupied or used by Licensee hereunder. Licensee sball
deliver to Licensor, within 10 days of written request, evidence that the utility companies have been notified
to bill Licensee directly for all services to any License Area occupied or used by Licensee hereunder. In the
event Licensor receives any invoices for utilities for the period during which Licensee occupied the License
Area, Licensee shall remit payment to the appropriate utility after receiving a copy of the bill from Licensor.
. l' ~ .
Agenda Item No. 16F4
September 13, 2005
Page 14~f 17
In the event Licensee fails to make payment Licensor shall be entitled to remit payment on behalf of
Licensee. Licensee sball thereafter reimburse Licensor for the amount of the utility bill plus ten (10%) of
the total to reimburse Licensor for its administrative expense.
5. Licensee hereby agrees and covenants that the License Area will be kept clean at all times, free of any trash
or debris. If Licensee shall fail to maintain the License Area occupied or used by Licensee hereunder in a
clean manner, Licensor sball have the right to clean the License Area after five (5) days written notice to
Licensee. Licensor shall then be permitted to invoice Licensee for all costs incurred and to add a 15%
administrative fee to such costs. Licensee shall pay such invoice within thirty (30) days of its receipt or this
Agreement sball immediately terminate, and Licensee shall vacate and surrender the License Area to
Licensor.
6. Licensee hereby agrees and covenants that said Permitted Use will not create excessive noise; and in the
event that complaints arise due to excessive noise, then Licensee shall eliminate the source thereof. If
Licensee fails to cure within twenty-four (24) hours of notification, Licensor can revoke and terminate this
Agreement immediately, and Licensee shall vacate and surrender the License Area to Licensor immediately
upon notification.
7. Licensee hereby agrees and covenants that nothing shall penetrate the roof, the sides of the building, or the
surface of the parking lot at any License Area occupied or used by Licensee hereunder. Should a tent or
tents be necessary for display or to conduct business, the tent or tents shall be freestanding and shall be
located in an area which Licensor designates. Should damage occur to any License Area occupied or used
by Licensee hereunder due to the use of stakes, hanging of a sign or signs, or other means, Licensor shall be
permitted to invoice Licensee for all costs incurred to repair such damage and to add a 15% administtative
fee to such costs. Licensee shall pay such invoice within thirty (30) days of its receipt or this Agreement
shall immediately terminate and Licensee shall vacate and surrender such License Area to Licensor
immediately upon notification. Licensor reserves the right to pursue any legal remedies or alternatives to
collect any outstanding reimbursements related to this Agreement.
8. Licensee hereby agrees and covenants that all items ("Property") placed in or on any License Area occupied
or used by Licensee hereunder by Licensee, its employees, agents, or invitees of Licensee, or any occupant
of the License Area, will be removed from the License Area as soon as practicable following termination of
this Agreement, but in no event later than five (5) days following termination of this Agreement. If
Licensee fails to remove the Property within period, Licensor shall have the right to
remove the Property from the License Area. Such Property shall become the sole and personal property of
Licensor, and Licensor may dispose of it at its discretion.
9. Upon termination of the Agreement, Licensee shall leave any License Area occupied or used by Licensee
hereunder broom clean in the same condition as at the commencement of the term hereof, reasonable wear
and tear excepted. Licensee further agrees and covenants that it will remove all property and clean any
License Area occupied or used by Licensee hereunder (including sweeping of its area of the parking lot) at
Licensee's sole expense, and Licensor shall not be required to do any work whatsoever. Licensee will
contact Manager ofWal-Mart Operating Store #5391, located at 5420 Cormorant Ave. Naples FL. for a
walk-through and return of key, if applicable, upon vacating the License Area.
10.
Licensee hereby agrees and covenants that Licensee at all times will indemnify and save, protect, defend
and hold harmless the Licensor and the Premises of, from, and against any and all liability, cost, damage, or
expense, including reasonable attorney's fees and costs, and any fines whatsoever which may arise or be
claimed against the Licensor or the Premises by any person or persons for any loss, injury, damage, or death
of any person, or property whatsoever arising from or out of the business, operations, use, or occupancy of
the License Area by Licensee, the Licensee's agents, employees, or servants, or arising from or in
connection with any other act or omission of Licensee, except for any liability, cost damage, or expense,
including reasonable attorney's fees and costs and any fines whatsoever which may arise or be claimed by
any person or persons for any loss, injury, damage, or death of any person, or property whatsoever arising
from or out of the gross negligence or willful misconduct of licensor, its employees or agents. Licensor
understands and agrees that Licensee's indemnification of Licensor above the insurance limits stated in
Paragraph 12 is limited to the greatest extent allowed by Florida Law.
S:\BarriINaplca FL ~ AiJ'CCIIlCnt\Emcrpncy Scrviccs LicCIIIC AgrcomeaI-WM "391.doc:
8/1012005
. I I , .
Agenda Item No. 16F4
September 13, 2005
Page 1530f 17
II. All Property belonging to Licensee, employees, agents, or invit:ees of Licensee, or any occupant of the
License Area, and on Licensor's Premises, shall be at the risk of Licensee or other person only, and
Licensor shaD not be liable to damage thereto or theft or misappropriation thereof, provided, however, that
should Licensee fail to remove such property, pursuant to Paragraph 8 above, such property shall be
disposed of by Licensor without obligation to Licensee.
12. Licensee will carry and keep in force, at its own expense, Comprehensive General Liability insurance with
companies licensed to do business in this State, in an amount not less than $2,000,000 single limited
personal injury and property damage and $1,000,000 Worker's Compensation Insurance. The required
coverage may be provided in the form of Comprehensive General Liability Insurance coverage together
with Excess Liability insurance coverage. All policies of insurance shall be considered primary of any
existing, similar insurance canied by Licensor. Licensee shall furnish Licensor with a Certificate of
Insurance showing Licensor as additional insured. To the maximum extent permitted by insurance policies
that may be owned by Licensor or Licensee, Licensee or Licensor and their respective insured, for the
benefit of each other, waive any and all rights of subrogation that might otherwise exist.
13. Licensor hereby reserves the right during the Term hereof, for itself or its duly authorized agents or
representatives, to enter upon the License Area for the purpose of inspecting the same, showing the same to
any prospective purchaser, tenant or sub-tenant, or for any purpose for which Licensor may be required to
go on the Premises under this Agreement. Licensor shall also be permitted to have signage placed on the
Premises for marketing and/or advertising purposes.
14. Solicitation and/or distribution of literature is prolnbited at all times in any area of the store building.
Solicitation and lor distribution of literature is permitted outside the building provided the solicitation and
distribution of literature does not unduly harass Wal-Mart's Associates or Customers and does not impede
the free flow of traffic. Wal-Mart shall have the sole right to determine what constitutes undue harassment
of its Associates and Customers, and Wal-Mart shall have sole right to determine whether the solicitation
and lor distribution of literature impedes the free flow of traffic. No sign. poster, placard, display, handbill
or written material shall contain or depict "fighting words", obscenities, pornography, gross or gruesome
displays, highly inflammatory slogans likely to provoke a disturbance or racial or ethnic slurs. Wal-Mart
shall have the right to revoke this license should Licensee breach any covenant contained in this paragraph.
Licensee shall be required to sign two (2) copies of the Solicitation and Distribution of Literature Rules.
Solicitation is defined as requesting or seeking, in writing or orally, donations, help or the like for any
cause. Distribution of literature is defined as the act or process of giving out or delivering leaflets,
pamphlets, or other written material.
IS. Notwithstanding anything contained herein to the contrary, Licensor may revoke and terminate this License
Agreement for any reason with thirty (30) days written notice to the other by Certified Mail, Federal
Express, or overnight delivery, and Licensee shall vacate and surrender any License Area then occupied to
Licensor immediately with each party having all rights as if this Agreement has expired.
IN WITNESS WHEREOF, the respective parties hereto have caused this Agreement to be duly executed
as of the date first herein written.
S:\B8mINaplcs FL License Agreemc:nl\Emcrgency Services UcoIl8C AgrcclDOlll-WM IIS391.doc
8/1012ooS
.' I t-
Agenda Item No. 16F4
September 13, 2005
Page 16t.of 17
LICENSEE:
COLLIER COUNTY
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Deputy Clerk
By:
Fred W. Coyle, Chairman
LICENSOR:
WAL-MAR~S RES, INC.
By: k _
,/#fL
Its: V\ic,\.t ~NY\ro( I ~(\i 01" QoG.\~ \"'\"o~
DATED:MC6
ATTES .
By:
S:\BamiNaples Fl.. LiceD8e Ap-eemeIlt\Fmergency Services License Apeement-WM ~t119.cIoc
8/1012005
Agenda Item No. 16F4
September 13, 2005
Page 17 of 17
Exhibit A
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Agenda Item No. 16F5
September 13, 2005
Page 1 of 4
_.
EXECUTIVE SUMMARY
Recommendation to Approve Resolution Requesting that the Trustees of the
Internal Improvement Fund Establish an Erosion Control Line on the Gulf of
Mexico Shoreline along Pelican Bay and Northern Park Shore; Setting Forth
Findings; and Providing for an Effective Date.
OBJECTIVE: To obtain approval of Resolution requesting that the Trustees of the Internal
Improvement Fund establish an erosion control line.
CONSIDERATIONS: The establishment of an Erosion Control Line (ECL) is required by the
Florida Department of Environmental Protection (FDEP) prior to their issuance of a Notice to
Proceed to re-nourish Naples, Park Shore, Vanderbilt and Pelican Bay Beaches.
A resolution in support of FDEP for the establishment of the ECL is attached for approval.
FISCAL IMPACT: None
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan.
-- RECOMMENDATION: That the Board of County Commissioners approve a resolution
requesting that the Trustees of the Internal Improvement Fund establish an Erosion Control Line
on the Gulf of Mexico shoreline along Pelican Bay and Northern Park Shore; setting forth
findings; and providing for an effective date.
PREPARED BY: Gary McAlpin, Senior Project Manager
-
Item Number:
ttem Summary:
Meeting Date:
Agenda Item No. 16F5
September 13, 2005
Page 2 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16F5
Recommendation to Approve Resolution Requesting that the Trustees of the Internal
Improvement Fund Establish ftn Erosion Con1rolline on the Gulf of Mexico Shoreline nlong
Pelican Bay and Northern Pork Shore: Setting Forth Findings: and Providing for an Effective
Date
9113120059:00:00 AM
Costal Project Manager
0'"
Approved By
Gary McAlpin
County Manager'S!. Office
Tourism
8131/2005 3:39 PM
T our!s", Director
0...
Approved By
Jack Wert
County Manager'. Office
Touri$m
6/3112005 3:49 PM
OMS Coordinator
Adminiflrative Assistnnt
0...
AIJproved By
County Manager'1 orflCB
Office of Management & Budget
&131120054:05 PM
Mark l511ckaon
0...
Approved By
County ManaQe"t'S Office
Budget Analyst
Office of Management & Budget
9/1120059:38 AM
Michael Smykowskl
MantlgerJle'nt & Budget Oireelo(
0...
Approved By
County Manlger'a OffIce
Offir.e of Managernen1 & Budget
9/1(20053:29 PM
Approved By
James V. Mudd
Board of County
Commiasioners
County Ma nager
Date
County Man.ger's OffIce
9/2!2005 5~12 PM
Agenda Item No. 16F5
September 13, 2005
Page 3 of 4
RESOLUTION NO. 2005_
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA
REQUESTING THAT THE TRUSTEES OF THE INTERNAL
IMPROVEMENT FUND ESTABLISH AN EROSION CONTROL
LINE ON THE GULF OF MEXICO SHORELINE ALONG
PELICAN BAY AND NORTHERN PARK SHORE; SETTING
FORTH FINDINGS; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Gulf shoreline continues to severely erode, resulting in minimal beach
width; and
WHEREAS, a large beach profile provides the best protection for upland properties for a
severe storm event; and
WHEREAS, the Board of County Commissioners of Collier County, Florida, serving as
the local project sponsor, desires to help mitigate the erosive impacts and provide for beach
preservation and beach nourishment along the beaches in Collier County; and
WHEREAS, Collier County, acting as local sponsor with the U. S. Army Corps of
Engineers, proposes to renourish the beach area in Pelican Bay and northern Park Shore; and
WHEREAS, it is necessary to delineate the boundary between upland properties and
State-owned submerged lands before undertaking such a sand transfer project.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Collier County, Florida, that:
1. The Board requests that the Trustees of the Internal Improvement Trust Fund
establish an Erosion Control Line on the shoreline in Park Shore from approximately Monument
R-44 to R-50 and in northern Park Shore from Monument R-31 to R-36.
2. This Resolution shall take effect immediately upon its adoption.
Agenda Item No. 16F5
September 13, 2005
Page 4 of 4
-
TIllS RESOLUTION ADOPTED this _ day of
. 2005. after a
motion, second and majority vote favoring same.
DATED:
ATTEST:
DWIGlIT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
. Deputy Clerk
FRED W. COYLE, Chairman
Approved as to form and
legal sufficiency:
fkJ fA
Heidi F. A~ton
Assistant County Attorney
CPlHFA \Reso2005\ErosionControIGulfof Mexico
Agenda Item No. 16F6
September 13, 2005
Page 1 of 7
,-..-'-
EXECUTIVE SUMMARY
Recommendation to approve an Agreement between Collier County and the
City of Marco Island to provide fire protection and rescue services to the
unincorporated area of the County known as Goodland at an annual cost of
$102,415
OBJECTIVE: To obtain fire protection and rescue services for the unincorporated area
of Co llier County known as Goodland by entering into an Agreement for Service with the
City of Marco Island.
CONSIDERA TIONS: The City of Marco Island (City), since its incorporation, has
provided fire protection and rescue services to the Goodland area through an agreement
with the County. The current agreement provides for service to the unincorporated areas
of Goodland and Key Marco and, per the agreement terms, will expire on September 30,
2005. The City has requested that the agreement be renegotiated. With the annexation of
the Key Marco area into the City, it is no longer cost effective for the City to provide
these services under the terms of the current agreement.
-
After negotiations with the City, staff is recommending that the Board approve a new
Agreement for Services to commence on October 1, 2005 and end on September 30,
2007. The Agreement will be extended for additional two (2) year terms unless either
party desires to terminate or re-negotiate. The County agrees to pay the City the annual
sum of $102,415. The City agrees to provide emergency and non-emergency fire
protection and rescue services consistent with or exceeding the services generally being
provided to the City of Marco Island.
The fire protection services are funded by the GoodlandIHorr's Island Fire District
MSTIJ. Per the terms of the Agreement, the annual cost for services will increase from
$56,600 to $102,415 which represents an increase in millage from 0.4746 mills to 1.3632
mills or a dollar increase of$88.86 per $100,000 of taxable value.
The alternative to the Agreement with the City is to include Goodland in the Collier
County Fire Control MSTIJ which funds fire protection and rescue services to the
unincorporated areas of the County not located within the boundaries of existing fire
control districts. This alternative would result in a larger cost increase to the residents of
Goodland as the current millage rate for the Collier County Fire Control MSTIJ is 2
mills.
FISCAL IMPACT: Funds in the amount of $102,415 have been budgeted for FY 06 in
Fund 149, GoodlandIHorr's Island Fire District.
.,,4-....,
GROWTH MANAGEMENT IMP ACT: There is no Growth Management Impact
associated with this Executive Summary.
Agenda Item No. 16F6
September 13, 2005
Page 2 of 7
RECOMMENDATION: That the Board of County Commissioners approve the
Agreement between Collier County and the City of Marco Island to provide fire
protection and rescue services to the unincorporated area known as Good1and at an
annual cost of$102,415.
Prepared By: Darcy Waldron, Sr. Administrative Assistant
Department of Emergency Management
Agenda Item No. 16F6
September 13, 2005
Page 3 of 7
INTERLOCAL AGREEMENT
FOR
FIRE AND RESCUE SERVICES
This Agreement, made and entered into this day of , 2005 by and
between the Board of County Commissioners of Collier County, Florida, (hereinafter
referred to as the "COUNTY"), and the City of Marco Island, Florida, (hereinafter referred
to as "City").
WHEREAS, it is the desire of the County to provide fire protection to the Goodland and
Key Marco areas of Collier County, and
WHEREAS, the County desires to provide said fire protection to a portion of Collier
County by agreement with the City, and;
WHEREAS, the above referenced portion of the County shall hereinafter be referred to
as the "Service Area", a map delineating the Service Area is attached hereto as Exhibit
"A". It shall be within the following boundaries: The unincorporated area of the County
known as Goodland.
NOW THEREFORE,
In consideration of the mutual covenants contained herein the parties hereby agree as
follows:
1. TERM OF AGREEMENT: This Agreement shall commence on the 1st day of
October 2005, and will continue for a period of two (2) years, ending on the 30th day of
September, 2007. Thereafter, this agreement shall be extended for additional two (2)
year terms under the same covenants, terms and conditions, unless either party desires
to terminate or renegotiate this agreement. In the event either party desires to terminate
or renegotiate this agreement, it shall provide written notice of its intention to the other
party not less than 30 days prior. If the City terminates, the City will continue such
service for a reasonable period of time to allow the County to provide alternative fire and
rescue protection. The maximum length of such reasonable period shall be six (6)
months after the termination of the Contract by the City. Payment for services during the
six (6) month period beyond the expiration date will be based on the monthly-prorated
amount of the annual contract period. In the absence of the 30 day prior written notice
of intent to terminate the Agreement by either party, the Contract shall continue in force
until written notice is given, or until the Contract is renegotiated on terms mutually
agreed upon by the parties.
2. TERMS OF PAYMENT: For the initial year of the contract, the County agrees to
pay the City the annual sum of One Hundred and Two Thousand, Four Hundred Fifteen
Dollars ($102,415), payable annually on or before January 31st of each contract year.
3. SERVICE LEVEL: The City agrees to provide fire protection and rescue
services to the service area by the City of Marco Island Fire/Rescue Department and
equipment available at the time of any emergency call. All decisions on manpower and
equipment will be made by the Marco Island Fire Chief, or in his absence, by one of his
Agenda Item No. 16F6
September 13, 2005
Page 4 of 7
assistants. Firefighting service will be performed in a professional manner consistent
with modern firefighting practices and consistent with or exceeding the services
generally being provided to the City of Marco Island. Fire protection and rescue services
provided by the City will include all emergency and non-emergency services normally
performed by the Fire Department, including all those services required by law. This
Agreement does not alter the Mutual Aid Agreement between the City and County.
4. COMMAND AT FIRE SCENE: The Marco Island Fire Chief, or in his absence,
one of his assistants, shall assume control and responsibility of all fire or other
applicable emergencies in the Service Area where the City has responded.
5. EQUIPMENT AND PERSONNEL: The City shall maintain equipment and
personnel necessary to provide adequate fire protection and rescue services to the
service area. The City shall be responsible for properly training all of said personnel.
6. RECORDS: The City agrees to maintain records on all responses and provide
statistics as necessary.
7. BREACH OF CONTRACT: Non-compliance with any provIsion of this
Agreement by either party shall constitute a material breach. The breaching party shall
have seven (7) days after receipt of written notice of any breach to correct that breach,
or if corrections cannot be made within the seven (7) day period, a reasonable agreed
upon time shall be given to correct the breach. In the event the breach cannot be cured
within such time periods, the non-breaching party may declare the contract terminated,
and shall so notify the other party in writing. In such event, an adjustment in the contract
payment shall be made based upon a monthly-prorated amount of the annual contract
payment.
8. CONSENT OF THE PARTIES: The City hereby agrees not to enter into a
contract for fire protection and rescue services with any individuals or organizations
within the service area of Collier County without the written consent of the County.
9. INDEMNITY AND INSURANCE:
A. INDEMNITY. CITY agrees, to the extent allowed by Section 768.28 F. S.,
that it will indemnify, defend, and hold harmless COUNTY and all of COUNTY'S officers,
agents, and employees from any claim, loss, damage, cost, charge or expense arising
out of any acts, actions, neglect or omission by CITY, its agents, employees, or
subcontractors during the performance of this agreement, whether direct or indirect, and
whether to any person or property to which COUNTY or said parties may be subject,
except that neither CITY nor any of its subcontractors will be liable under this section for
damages arising out of injury or damage to persons or property directly caused or
resulting from the negligence of COUNTY or any of its officers, agents, or employees.
It is specifically agreed between the parties executing this agreement that it is not
intended by any of the provisions of any part of the agreement to create in the public or
any member thereof, a third party beneficiary hereunder, or to authorize anyone not a
party to this agreement to maintain a suit for personal injuries or property damage
pursuant to the terms or provisions of this agreement.
Agenda Item No. 16F6
September 13, 2005
Page 5 of 7
B. LIABILITY INSURANCE. The CITY covenants to keep in force during the
period of this agreement adequate public liability insurance and property damage
insurance.
10. NON-APPROPRIATIONS CLAUSE: If for any reason the City or County's
governing body does not approve the funds to implement this contract in any given fiscal
year, the contract shall be null and void.
11. NOTICES: Any notices permitted or required by this Agreement shall be in
writing and submitted by certified mail, return receipt requested, to one of the following
addresses, as appropriate.
a) Notices from the City to the County shall be sent to: Leo E. Dchs, Jr., Assistant
County Manager, 3301 E. Tamiami Trail, Building H, Naples, Florida 34112.
b) Notices from the County to the City shall be sent to: A. William Moss, City
Manager, City of Marco Island, 50 Bald Eagle Drive, Marco Island, Florida 34145.
IN WITNESS WHEREOF, the parties hereto, through their duly authorized
representatives, have executed this Interlocal Agreement for Fire and Rescue Services.
The City of Marco Island, Florida
Board of County Commissioners
Collier County, Florida
By:
tJ~
'A.l1JdJ ~
Vickie Kelber, Chairwoman
Fred W. Coyle, Chairman
By:
Attest:
Dwight E. Brock, Clerk
By; ~C1erk
By:
Deputy Clerk, Attest as to
Chairman's signature only
Approved as to form and
Legal sufficiency for the
City of Marco Island, Florida:
Approved as to form and
Legal sufficiency for
Collier County:
By:
.-(LLt:>. ~_
City Attorney
By: ~ .A
{~~~~
Assistant County Attorney
Agenda Item No. 16F6
September 13, 2005
Page 6 of 7
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GOODLAND
Item Number:
Item Summary:
Meeting Date:
Agenda Hem No.1 6F5
September 13, 2005
Page 7 of 7
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16F6
Recommendation 10 approve an Agreement between Collier County and the City of Marco
Island to provide fire prolection and rescue services to the unincorporated area of the County
known as Goodland at an annual cosl of $102,415.
9/13/20059:00:00 AM
Senior AdmlnistratiV<!- AstiistIJn1
om
6/18120054:01 PM
Approved By
Darcy Waldron
County Manager's Office
Errmrgency Management
Bur.etau of Emergency Services Director
Date
3!1912005 4:11 PM
Approved By
Dan E. Surnmel'1il
County Manager'. omce
Bureau of Emergency Services
Date
Approved By
OMB Coordinator
County Manager's Office
Adminlstratlye A8slstant
Office of ManagelTlf:lnt & Budget
8/2412005 8:15 AM
Om.
Approved By
Miehael SmykowBkI
County Manager's Office
M.anagement &. Budget Director
Offic~ 01 Management & Budget
8/25/200510:44 AM
0...
Approved By
Leo E. Ochs. Jr.
Board of County
Commissioners
Deputy County Ml.ltutgor
County Manager's Office
6/291200& 4:36 PM
<,-.
Agenda Item No. 16F7
September 13, 2005
Page 1 of 1.2
~
EXECUTIVE SUMMARY
Authorize the Chairman to sign an Interlocal Agreement with the Southwest
Florida Workforce Development Board for continuation of the Southwest Florida
Job Training Consortium
OBJECTIVE: For the Board of County Commissioners to authorize the Chairman to
sign an Interlocal Agreement with the Southwest Florida Workforce Development Board
for continuation of the Southwest Florida Job Training Consortium.
CONSIDERATIONS: The Workforce Investment Act of 1998, federal Public Law 105-
220, replaced the Job Training Partnership Act as amended in 1996, and restructured a
multitude of workforce development programs into an integrated workforce investment
system and authorized the expenditure of federal funds for allowable services and
activities in local workforce investment (development) areas. The counties of Charlotte,
Collier, Glades, Hendry, and Lee were designated by the Governor of the State of
Florida, as recommended by the Jobs and Education Partnership in 1996, to form a five
county workforce development area, Region 24, and this designation has been
automatically approved by the current Governor to continue under the Workforce
Investment Act.
.-...
The five partiCipating counties had previously entered into an Interlocal Agreement in
1996 creating the Southwest Florida Job Training Consortium and had entered into
agreement with a Private Industry Council acting as grant recipient and administrative
entity until such time as the Southwest Florida Workforce Development Board, Inc. was
formed, and continued under that agreement.
The current Agreement expired June 30, 2005. Therefore, another Interlocal Agreement
needs to be made and entered into between the Boards of County Commissioners for
Charlotte, Collier, Glades, Hendry, and Lee Counties for continuation of the Southwest
Florida Job Training Consortium. The proposed Agreement is retroactive to the 11t day
of July 2005 and runs through June 30, 2007.
FISCAL IMPACT: There is no direct fiscal impact associated with the continuation of
the Southwest Florida Job Training Consortium.
GROWTH MANAGEMENT IMPACT: There is no impact on the Growth Management
Plan associated with this item.
LEGAL CONSIDERATIONS: The County Attorney's Office has approved the attached
Interlocal Agreement as to form and legal sufficiency.
RECOMMENDATION: That the Board authorize the Chairman to sign the Interlocal
Agreement.
ATTACHMENT: Proposed Interlocal Agreement with the Southwest Florida Workforce
Development Board for continuation of the Southwest Florida Job Training Consortium.
.-.... PREPARED BY: Winona Stone, Assistant to the County Manager
Item Number.
Item Summary:
Meeting Date:
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16F7
Agenda Item No. 16F7
Seplember 13, 2005
Page 2 of 12
Authorize the Chairmen 10 sign an Interloce! Agreement with the Southw~t Florida
Workforce Development Board for continuation of Ihe Southwest Florida Job Training
Consortium
9/13.'2005 9;00;00 AM
Dato
Approved B)'
Leo E. Ochs, Jr
Board of County
COmmi$Bioners
Deputy County Manager
County Manager's Office
8/231200512:11 PM
Agenda Item No. 16F7
September 13, 2005
Page 3 of 1?
WORKFORCE INVESTMENT ACT
INTERLOCAL AGREEMENT
FOR THE
SOUTHWEST FLORIDA JOB TRAINING CONSORTIUM
This Agreement is made and entered into between the Boards of County Commissioners
for Charlotte, Collier, Glades, Hendry, and Lee Counties, political subdivisions of the
State of Florida, for continuation of the Southwest Florida Job Training Consortium.
WHEREAS, the Workforce Investment Act of 1998, hereinafter referred to as the
Act, federal Public Law 105-220, replaced the Job Training Partnership Act as amended
in 1996, and restructured a multitude of workforce development programs into an
integrated workforce investment system and authorized the expenditure of federal funds
for allowable services and activities in local workforce investment (development) areas,
and;
WHEREAS, the counties of Charlotte, Collier, Glades, Hendry, and Lee were
designated by the Governor of the State of Florida, as recommended by the Jobs and
Education Partnership in 1996, to form a five county workforce development area,
Region 24, and this designation has been automatically approved by the current Governor
to continue under the Workforce Investment Act;
WHEREAS, the five participating counties had previously entered into an
interloca1 agreement in 1996 creating the Southwest Florida Job Training Consortium and
had entered into agreement with a Private Industry Council acting as grant recipient and
administrative entity until such time as the Southwest Florida Workforce Development
Board, Inc. was formed, and continued under that agreement;
WHEREAS, the Region 24 Workforce Investment Area is required to submit a
Workforce Investment Act plan pursuant to Section 118 of the Act;
NOW THEREFORE, in consideration of the mutual covenants herein, the parties
agree as follows:
I. Continuation of the Southwest Job Training Consortium.
A. By virtue of the earlier Interlocal Agreement, the partICIpating five
counties agree to accept the Governor's designation of the five county
local area as Workforce Investment Area for Region 24 for purposes of
programs promulgated under the Act;
B. By virtue of the earlier Interlocal Agreement, the five counties agree to
continue the Southwest Florida Job Training Consortium (the
"Consortium") which is composed of the Chief Local Elected Official
(Chair) from each of the participating County Commissions, or a designee,
who shall be an elected County Commissioner. These five Chairs will
Agenda Item No, 16Fl
September 13, 2005
Page 4 of 12
elect one member of the Consortium to serve as Chair of the Consortium.
This position may then rotate each year according to procedures developed
by the Consortium.
II Authority and Responsibilities of the Southwest Florida Job Training Consortium.
A. Section 117, 118, and 121 of the Workforce Investment Act is hereby
incorporated within this Agreement as is set out herein.
B. The Consortium shall request any change in the number of local board
members of the Southwest Florida Workforce Development Board, Inc.
that will represent each county, identify which sector they will represent,
identify the length of term, and request certification from the Governor
should any changes to the current representation be required, ensuring that
51 % of the membership represent the private sector.
C. Each County Chair, or designee Commissioner, shall be responsible for
making his/her County's private sector appointments, in accordance with
the Act, to the Board for the participating counties. The nomination
process for these appointments must adhere to the following criteria:
1. Representatives of business in the local area who are owners of
businesses, chief executives or operating officers of business, and
other business executives or employers with optimum policymaking
or hiring authority;
2. Representatives of businesses with employment opportunities that
reflect the employment opportunities of the local area; and
3. Representatives are appointed from among individuals nominated by
local business organizations and business trade associations.
D. The nomination process for these private sector appointments shall be as
follows:
I. Private sector representatives shall be selected from among
individuals nominated by general purpose business organizations
after consulting with and receiving recommendations from other
business organizations in the workforce development region.
2. General purpose business organizations are defined as those
organizations which admit to membership any for-profit business
operation within the workforce development region, or any entity that
represents or serves as an umbrella organization that includes
membership from for-profit businesses.
3. Such nominations, and the individuals selected from such
nominations, shall reasonably represent the industrial and
demographic composition of the business community.
Agenda Item No, 16F7
September 13, 2005
Page 5 of 12
4. The Chair of the Southwest Florida Workforce Development Board,
Inc. is selected from the private-for-profit sector.
E. Ensure through its appointments that the Southwest Florida Workforce
Development Board includes required public sector representatives, as
required under the Act and State of Florida definitions, regardless of
County, with optimum policymaking authority within the organizations,
agencies, or entities:
1. Representatives of local educational entItIes, including 10cal
educational agencies, local school boards, entities providing adult
education and literacy activities, and postsecondary educational
institutions (including representatives of community colleges, where
such entities exist), selected from among individuals nominated by
regional or local educational agencies, institutions, or organizations
representing such local educational entities;
2. Representatives of labor organizations, nominated by local labor
federations, or (for a local area in which no employees are
represented by such organizations), other representatives of
employees;
3. Representatives of community-based organizations (including
organizations representing individuals with disabilities and veterans,
for a local area in which such organizations are present);
4. Representatives of economic development agencies;
5. Representatives of each of the one-stop partners; and
6. May include such other individuals or representatives of entities as the
chief elected official(s) in the local area may detennine to be
appropriate.
F. Share with the Southwest Florida Workforce Development Board the
responsibility for the following:
. approval of the Workforce Investment Act plan which shall be
prepared for the Region by the designated administrative entity,
and provided to the Workforce Development Board and the
Consortium for joint approval;
. approval of the local Workforce Development Board budget
submitted with the plan;
. oversight of activities and services including designation,
certification, or termination of One Stop Operators.
III. Terms of Agreement.
A. None of the parties hereto shall be liable for any claims, damages, injuries,
losses or expenses arising out of or resulting from any act, omission, or
negligence of the others, their officers, employees or agents, related to the
parties' respective authorities and responsibilities under this Agreement.
Agenda Item No, 16F7
September 13, 2005
Page 6 of 1~
B. The tenns of the Agreement shall commence on or retroactively to the 1 st
day of July 2005, and shall run through June 30,2007, and thereafter shall
automatically be renewed for the dates of each Workforce Investment
Plan, unless any party notifies the others of its intention not to renew at
least 90 days prior to the expiration of the original tenn or any five-year
renewal term.
C. Upon proper execution, the Agreement shall be legally valid and binding,
and supersedes other agreements of the Southwest Florida Job Training
Consortium. This Agreement shall be recorded in the public records of
the counties of Charlotte, Collier, Glades, Hendry, and Lee.
D. This Agreement may be amended or modified upon the written request of
any party hereto. Any alterations, amendments, modification or waivers in
the terms and conditions of this Agreement shall not be effective unless
reduced to writing, approved by all parties, signed by their duly authorized
representatives and filed with the Clerks of the Circuit Courts of the
participation counties.
IN WITNESS WHEREOF, the parties have executed this Agreement as indicated on the
attached pages.
PASSED AND DULY ADOPTED THIS 1 st DAY OF JULY, 2005.
. Agenda Item No, 16F7
September 13, 2005
Page 7 of 12
BOARD OF COUNTY COMMISSIONERS
OF CHARLOTTE COUNTY, FLORIDA
By:
Signature of CHAIR OR COMMISSIONER DESIGNEE
Attest:
By:
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
ATTEST:
DATED:
DWIGHT E, BROCK, Clerk of Courts
By:
. Deputy Clerk
Approved as to Form
and Legal Sufficiency:
By
Assistant County Attorney
Agenda Item No. 16F7
September 13, 2005
Page 8 of 12
".-.;
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
Fred W. Coyle, Chairman
Agenda Item No. 16Fl
September 13, 2005
Page 9 of 12
BOARD OF COUNTY COMMISSIONERS
OF GLADES COUNTY, FLORIDA
By:
Signature of CHAIR OR COMMISSIONER DESIGNEE
Attest:
By:
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
Agenda Item No. 16F7
September 13, 2005
Page 10 of 12
BOARD OF COUNTY COMMISSIONERS
OF HENDRY COUNTY, FLORIDA
By:
Signature of CHAIR OR COMMISSIONER DESIGNEE
Attest:
By:
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
.Jl
Agenda Item No. 16F7
September 13, 2005
Page 11 of 12
BOARD OF COUNTY COMMISSIONERS
OF LEE COUNTY, FLORIDA
By:
Signature of CHAIR OR COMMISSIONER DESIGNEE
Attest:
By:
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
Agenda Item No. 16Ft
September 13, 2005
Page 12 of 1?
SOUTHWEST FLORIDA WORKFORCE DEVELOPMENT BOARD, INC.
By:
Witness:
(Signature)
Steve Personette. PresidentlChairoerson
(Name and Title)
Date
Agenda Item No. 16F8
September 13, 2005
Page 1 of 5
.-
EXECUTfVESU~Y
Recommendation to approve and transmit Senate Bill 444 Glitch Amendments as
provided by Collier County government staff to the Collier County Legislative
Delegation, the Florida Senate Committee on Community Affain and the Florida
House Committee on Growth Management, and the Florida Association of Counties.
OBJECTIVE: To protect and preserve Collier County's efficient and effective growth
management initiatives and strategies, SB 444 must be revised with an overall objective
of providing county govenunents the flexibility of meeting their unique growth
management goals, objectives and policies, and addressing their specific challenges.
CONSIDERATION: Senate Bill 444 was passed during the 2005 Legislative Session
and made numerous changes to laws governing statewide water supply and restoration
programs. In addition, the Legislature passed Senate Bill 360 (Growth Management
Bill) which provides $100 million in recurring and $100 million in non-recurring funds
for the programs created or amended in SB 444.
--
SB 444 creates the Water Protection and Sustainability Program to provide funding for a
new alternative water supply program and to also fund existing state water programs.
These programs include surface water improvements and management, total maximum
daily loads, and the disadvantaged small community wastewater grant program. In
addition, SB 444 makes substantial changes to guide the development of alternative water
supplies and establishes a goal for the water management districts to match state funds
100 percent. The bill allocates state funds to the water management districts on a
percentage basis.
Upon review of the bill, Collier County staff carefully crafted responses that reflect the
county's concerns for proper district/county planning consistency and assurance that the
funding actually is allocated to the appropriate water suppliers' projects. Staff's
responses, or glitch amendments, are attached. On behalf of the Collier County
community, county staff is requesting Board support in making our state representatives
in Tallahassee aware of our concerns with SB 444 as we did with SB 360 in July 2005
when we transmitted our suggested glitch amendments.
FISCAL IMPACT: There is no fiscal impact associated with this executive summary.
GRO"WTH MANAGEMENT IMP ACT: There is no growth management impact
associated with this executive summary.
LEGAL CONSIDERATIONS: There are no legal considerations associated with this
executive summary.
,-
RECOMMENDATION: That the Board of County Commissioners approves the Senate
Bill 444 Glitch Amendments as provided by Collier County government staff and
Agenda Item No. 16F8
September 13, 2005
Page 2 of 5
transmits them to the Collier County Legislative Delegation, the Florida Senate
Committee on Community Affairs and the Florida House Committee on Growth
Management, and the Florida Association of Counties.
Prepared by Debbie' Wight, Assistant to the County Manager
ltam Number:
hem Summllry:
Meeting Date:
Agenda Item No. 16F8
September 13, 2005
Page 3 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16FB
Recommendation to approve and transmll Senate 8111<444 Glitch Amendments HI'. provided
by Collier County governmet,t staff to the Collier County Legislative Delegation, the Florida
Senate Committee on Community Affairs and the Florida House CommIttee on Growth
Management. and the Florida Association of Counties
9/13120059:00:00 AM
Date
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
County Manager's 01'fice
0125f2005 11:44 AM
Agenda Item No. 16F8
September 13, 2005
Page 4 of 5
Collier County Government
Public Utilities Division
SB 444 Staff Glitch Amendments
1. Water Management Districts Should be Required to Provide a "Real" Match
for State Funds - Glitch legislation should clarify that the water management
districts cannot use their match of the state grant dollars to do anything other than
fund new water supply development projects. Many of the water management
districts are simply designating as their "matching funds" funding for existing
water resource development projects that do not actually provide any water for
public uses. This creative bookkeeping by the districts has essentially eliminated
the concept that the water management districts would provide a match for the
state grant funds. Consequentially, the only real match under Senate Bill 360 and
Senate Bill 444 is the local government match.
2. State and Water Management District Grant Funds Should be for All Capital
Costs - Project capital costs are defined in Section 373.019 as "planning, design,
engineering, and project construction costs." The water supply grant program
passed in 2005 had the practical effect of limiting most grant funding to only
construction costs. Section 373.196(6) should be revised to allow state and
district grant funds to be used for all project capital costs.
Significant portions of the total cost in developing alternative water supplies are
the design, engineering and planning of the facility. It is appropriate to include
these capital costs in allowable costs under the grant program. For example,
aquifer storage and recovery (ASR) is an important alternative water supply
technology that can allow large quantities of fresh water to be stored until needed
without the expense or risks of building a reservoir. An ASR facility consists
primarily of pipelines and a handful of injection and withdrawal wells, and the
construction costs are relatively low. The significant expense of ASR is in the
planning and design of the facility to assure that the water will be injected at the
right place and at the right rate to maximize recovery of the stored fresh water.
3. Water Management Districts Should Plan for Impacts of Reservations - Florida
Statutes should be revised to clarify the impacts of reservations for the
Comprehensive Everglades Restoration Project (CERP) on existing and future
water supplies. Specifically, the regional water supply plan should identify any
existing or future reservations proposed for adoption within the planning horizon,
and the impact of those reservations on existing legal sources of water and on any
future traditional or alternative sources of water which have been:
a Included in a regional water supply plan;
b. Proposed by a local government or other water user for inclusion in a
regional water supply plan;
c. Identified by the local government or other water user in a capital
improvement plan or other plan for development or expansion of water
systems; or
Agenda Item No. 16F8
September 13, 2005
Page 5 of 5
(2)
d. Identified as a source of water in a permit application that has been
submitted to a water management district but has not yet been approved or
denied.
In addition, when new reservations are adopted the water management district
should be required to develop strategies for meeting future reasonable-beneficial
demands for water that could be met from an identified source, but will not be
available because of the new reservation.
4. Regional Water Supply Plans Should Use Reasonable Growth Projections for
Water Supply Planning - Section 163.3191(2) was amended to require that
EAR's evaluate whether the local government has planned for water supplies
needed to meet the demand projected by the water management district in the
applicable regional water supply plan. The intent of SB 444 and SB 360 was to
make local govenunents plan responsibly for growth, not to give the water
management districts the ability to arbitrarily limit growth.
Section 373.0361(2)(a)1. requires water management districts to use the
"medium" Bureau of Economic and Business Research (BEBR) growth estimates,
unless better data is available. Growth in Collier County regularly exceeds the
"high" BEBR growth estimates. The county hopes the water management district
will recognize in its regional water supply plan that growth in Collier County does
not follow the BEBR model. Growth projections need to be based on historical
growth trends coupled with the surge of seasonal tourist population. Coastal
communities need to have enough water to service their high demand tourist
season. This typically high demand tourist season does not fit well into the
medium BEBR model.
5. Funding Should Be Used for Potable Water Supplier Projects - The legislation
makes a total of $100 million available to the districts for alternative water supply
projects. It should be clarified that these funds are only to be used for potable
water supplier projects. There should also be an audit requirement for the usage of
these funds.
Agenda Item No. 16F9
September 13, 2005
Page 1 of 13
EXECUTIVE SUMMARY
Recommendation to approve an application for the 2005 Emergency
Notification Grant Program offered by Dialogic Communications
Corporation
OBJECTIVE: Board of County Commissioners approval of an application for 2005
Emergency Notification Grant Program offered by Dialogic Communications
Corporation.
CONSIDERATIONS: In times of disaster, timely and accurate communication is
paramount to ensure the safety and well-being of the County's Special Needs population.
Emergency Management's current notification system (MS DOS utilizing 1 phone line)
is antiquated and no longer adequate to the task of notifying 1300 registered Special
Needs clients.
.-
Dialogic Communication Systems (DCC) is offering, through its 2005 Emergency
Notification Grant Program, an opportunity to obtain for a two year period, at no cost,
their Communicator NXT and GeoCast Web systems. Both systems are accessible by
internet or phone and utilize DCC's state-of-the-art hosting service and GIS interface.
The systems will allow the County to alert and/or warn the County's Special Needs
Clients, volunteers and other key personnel in a timely manner. The two year period will
not only allow staff to evaluate DCC's systems, but will also allow staff to examine other
vendor's systems and explore funding options.
DCC will provide training, 24/7 technical support, software maintenance, dedicated on
site phone lines and will cover expenses for up to 200,000 calls over the two year period.
At the end of the two years, the service can be extended for a nominal charge or an on
site system purchased at a discounted price.
In return, the County agrees to act as a DCC product/service reference allowing the use of
names, quotes and uses in promotional materials and press releases for a period of two
years, and complete quarterly technology use reports for a period of one year.
FISCAL IMPACT: There is no Fiscal Impact associated with this Executive Summary.
GROWTH MANAGEMENT IMP ACT: There is no Growth Management Impact
associated with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners approve the
application for the 2005 Emergency Notification Grant Program offered by Dialogic
Communications Corporation.
-
Prepared By: Darcy Waldron, Sr. Administrative Assistant
Department of Emergency Management
Agenda Item No, 16f9
September 13, 2005
Page 2 0113
COLLIER COUNTY
BOARD Of COUNTY COMMISSIONERS
Meeting 0..:
t6F9
Recommendation to approye an application for the 2005 Emergency Notification Gra.nt
Pl'Ogram offered by Dialogic Communications Corporation.
9!13/2005 9:00:00 AM
Item Number..
Item Summary:
Approved By
Darcy Waldron Senior Adminiatrlltive As.islam "".
County Manager's Office Emergency Management 8/16/20052:53 PM
Approved By
Mar1eoe J. Foard arants Coordinetot Caw
Administr_ive Services Adrmnistrative ServicCls Admin. 6/19120056:39 AM
Approved By
Dan E. Summer.- BUr~au of Enmrpency Servi~s Director Date
County Manager'. Office Bureau of Emergency Services 8/30/200512:18 PM
A pprovcd By
OMS Coordinator Administrative Assistant Date
County Mana,ger'~ Office OffiCiI of Management & Budget 81301200512:47 PM
Approved By
Susan Usher Senior ManngementIBudget Analyst Dote
County Manager's Office Office or Managermnt & Budget 8J3O/2oo5 2;4;2 PM
Approved By
Michael Smykowskl M...nagement & Budget Director Dote
County Manager'. Office OffIce of Management & Budget 81311200510:34 AM
Appro"cd By
Jam&s V. Mudd County Manager Dot.
Board of County
Commissioners county Manager's Office 8131/20053:46 PM
Dear Applicant:
On behalf of DCe (Dialogic Communications Corporation), thank you for your
interest in the 2005 Emergency Notification Grant Program. Through this
opportunity, two deserving public safety operations will receive use of the
company's critical communications technologies, at no cost, for a period of two
years. Applications will be accepted July I through September 30, with the
winners announced by November 4,2005.
This year, DCC will award both operations 24/7 access to its latest critical
communications solutions, Communicator! NXT and GeoCast Web. Remotely
accessible by Internet or phone, the technologies will utilize the company's state-
of-the-art hosting service for emergency notifications (e.g., inclement weather,
missing persons, HAZMA T spills, etc.). The software is typically used to alert
first responders, mobilize personnel and volunteers and/or warn local residents.
For your convenience, DCC has streamlined the application process, making it
even easier to submit your proposal for the 2005 Emergency Notification Grant.
Moreover, you will find that the information requested by the company is similar
to that required by state and federal funding agencies. This means you can easily
revise and submit your responses for consideration by other sources.
Again, please note the deadline for applications for DCC's 2005 Emergency
Notification Grant Program is September 30,2005. If you have any questions,
call 800.723.3207 ext. 3979 or email GrantInfo@dccusa.com. We look fOlWard
to receiving your application soon.
Sincerely,
~~~
Lorin Bristow
Vice President
Agenda Item No. 16F9
September 13, 2005
Page 3 of 13
Agenda Item No. 16F9
September 13. 2005
Page 4 of 13
DCC's 2005 EMERGENCY NOTIFICATION GRANT PROGRAM
Program Overview
The Award
Recipients ofDCC's 2005 Emergency Notification Grant will gain secure, 24/7 access to
the company's critical communications technology in the hosted environment (shared).
This package wilt be available to awardees for two years, at no cost, and includes:
. Communicator! NXT, the latest web-based emergency notification software
from DCC, enabling easy automation of manual communications procedures
. GeoCast Web, the company's GIS interface, providing map-based
communication with specific geographic areas
. Community phone data from commercial sources
. Integration of grant recipient-supplied or locally-produced digital maps (Note:
DCC can provide commercial-source maps, subject to availability, if locally
produced maps are not available.)
. A software link to DCC's state-of-the-art hosting service (Grant recipients
may use existing PCs. Internet connectivity is required.)
. Allocation of up to 100,000 phone calls within a 12-month period, for a total
of200,OOO calls (Grant recipients will not be required to provide dedicated,
on-site phone lines. DCC will cover expenses, including toll charges, of up to
200,000 calls. Any calls in excess of this amount will be charged at a rate of
$.15 per call. At the end of the 24-montb period, the service can be extended
for a nominal charge, or an on-site system can be obtained at a discounted
price.)
. Comprehensive web-based or computer-based training and applicable
instructional guides (Note: Maximum five seats for one course.)
. 24/7 technical support
. Software maintenance for the two-year period
. One free "seat" at a DCC-sponsored technology summit (registration only,
travel expenses not included)
Applicant Elieibilitv
Dce's 2005 Emergency Notification Grant Program is open to all city and county fire,
law enforcement, and emergency management agencies in the United States (including
colleges and universities). Public safety operations are encouraged to submit applications
that demonstrate a thorough, progressive plan for its use, including, but not limited to,
regional notification (the ability to share systems within and/or across organizations and
jurisdictions), atypical situations requiring rapid communications, etc.
Agenda Item No. 16F9
September 13, 2005
Page 5 of 13
Applicants must also submit a signed statement, agreeing to the acceptance tenus of the
award, as outlined by DCC.
Terms of AcceDtance
The grant recipient must agree to:
. Accept the critical communications package within 60 days of award notification
. Complete comprehensive system training and actively use both solutions within
90 days of award notification
. Act as a DCC product anellor service reference for a period of two years'"
. Complete quarterly reports of technology usage as outlined by DCC for a one-
year period
... DCC reserves the right to use the grant recipients' names, quotes and uses in
promotional materials and press releases.
Selection and Review Criteria
Dce is seeking applicants that already have the procedures, personnel and infrastructure
in place, facilitating the use of the company's technology to its fullest capacity. The two
winning proposals will reflect a well-thought-out approach to integrating DCC's
emergency notification solutions into current operations, as well as include expected
innovative uses of the technology. Applicants should also address and clearly define any
problem areas for implementing these solutions within their operation(s).
ComDosition of Review Committee
The Review Committee will be comprised of five to seven diverse individuals, including:
. Exemplary individuals from public safety organizations (various disciplines)
. Two DeC representatives
Each committee member will have an equal vote, and will use the established scoring
guidelines to grade proposals and make award recommendations. (Score sheets will be
provided to grant applicants on an as-requested basis.)
DeadUne and TimeUnes
All proposals must be postmarked by 5:00 PM on September 30, 2005. Late proposals
will not be considered. Please send TWO UNST APLED copies (including the original)
to:
Agenda Item No. 16F9
September 13, 2005
Page 6 of 13
DCC 2005 Grant Program
ATTN: Dara Mayfield
730 Cool Springs Blvd, Suite 300
Franklin, TN 37067
The 2005 Emergency Notification Grant recipients will be announced by November 4,
2005, and the winners will be notified by phone and/or mail. Written rejections will be
sent to all other applicants.
Agenda Item No. 16F9
September 13, 2005
Page 7 of 13
Guidelines for Preparing Project Narrative
Review Criteria
Please limit your na"ative to four pages.
1) Agency Overview and Problem Statement:
(20%)
Provide a brief description of your agency (or agencies), its size, regions served
(including U.S. Census-based population) and additional information regarding your
constituency. Also, identify the problems to be addressed using DCC's emergency
notification technology inside your city, county, campus, etc.
2) Approach and Innovation:
(40%)
Outline a plan of action for putting DeC's notification solutions, Communicator! NXT
and GeoCast Web, to use inside your operation. Include details of how the technology
will be utilized to solve specific communications problems or serve a particular
population. If possible, identify specific goals and measurable results. Also, describe
any unique aspects of your approach, such as unusual social or community
collaborations. DeC will look favorably on proposals that present new and distinct
methods for technology application.
3) Infrastructure
(15%)
Describe your agency's organizational ability to facilitate implementation, and provide
evidence that you have the infrastructure in place to support DeC's solutions. A brief
history of your agency's use of technology may be helpful.
4) Partnerships
(15%)
Describe your relationship with your constituency, as well as partnerships with public,
non-profit and private sector organizations. Do you have an active working relationship
with neighborhood watch groups, schools and community interest groups? How will
these groups benefit and be involved in the implementation and use of this technology?
5) Need
(10%)
DCC will review your need from both a practical and financial approach. Are there any
problems or issues unique to your community, separating you from other applicants in
terms of need?
i
Agenda Item No. 16F9
September 13, 2005
Page 8 of 13
-
nec Office
Use Only
Applicant #
DCC's 2005 EMERGENCY NOTIFICATION GRANT PROGRAM
Score Sheet
For Use of Review Committee Only
Score
Agency Overview and Project Purpose (20%)
Comments:
Approach & Innovation (40%)
Comments:
,-
Infrastructure (15%)
Comments:
Partnerships (15%)
Comments:
Need (10%)
Comments:
Total
_.
Agenda Item No. 16F9
13,2005
DCC Office Use-'\~ e 9 of 13
Applicant #
DCC's 2005 EMERGENCY NOTIFICATION GRANT PROGRAM COVER
SHEET
Agency Name: Bureau ofEmergencv Services
City
County: Collier County. Florida
Primary
Contact Name: Dan E. Summers. CEM Director
Address:
3301 East Tamiami Trail. Bldg F-l
Zip: Naples. FL 34112
City, State
Email
Address: dansummers@colliereov.net
Phone
Number: 239-774-8000
Person Submitting Proposal: Dan E. Summers. CEM. Director
Email
Address: dansummers@colliergov.net
Phone
Number:
239-774-8000
Authorized Official Name: Fred W. Covle
PolicelFire Chief, Public Safety Director, etc.)
(e.g.,
Title: Chairman Collier County Board of Commissioners
Email
Address: fredcovle@collienwv.net
Phone
Number: 239-774-8097
Official
Signature:
Date:
ArrEST: Dwight E. Brock, Clerk
By:
Deputy Clerk
App~ as to F~ & Legal Sufficiency
I Dvt~ 6lrw---
Assistant County Attorney
Agenda Item No. 16F9
September 13, 2005
Page 10 of 13
DCC's 2005 EMERGENCY NOTIFICATION GRANT PROGRAM
1) Agency Overview and Problem Statement:
The Collier County Emergency Management Department consists of a Director, three
Emergency Management Coordinators, Public Information Officer, Volunteer
Coordinator, Special Needs Coordinator, Finance Technician, and an Administrative
Assistant. Our department serves the largest county in the state of Florida with an
approximate population of 350,000 and an additional 85,000 part time residents
during the winter months. Collier County Emergency Management also serves three
municipalities, Everglades City, the City of Naples, and Marco Island. Our greatest
concern involves our Special Needs population of over 5000 of which 1,300 are
registered with us and awaiting notification in the event of a man-made or natural
disaster. Timely and accurate notification is absolutely paramount in ensuring the
safety and well being of all our citizens. However, there are those special citizens that
require our exclusive and undivided attention and unfortunately, our current
emergency notification system (MS DOS, 1 line) is miserably antiquated. We have
tried in vain for the past thirteen months working with your representative, Leslie
Cain to raise the necessary capital to purchase your "state of the art" NxT/Geocast
system because it is designed to full fill just about every need and unusual
circumstance that our department faces during an emergency. We've tried several
avenues to partner with other counties, municipalities, and other agencies and once
again we were unsuccessful. We have also entertained several other less expensive
emergency notification systems, however, our Director is very familiar with and
extremely pleased having utilized your previous Legacy version and we are
determined to have the very best.
2) Approach and Innovation:
As a coastal county in Southwest Florida and with the trend of hurricanes that seem to
find their way to our coast in recent months, communicating to our special needs
population is critical. During a hurricane event, our department has a very short
window of time to notify the ever-increasing number of registered special needs
population that require transportation to shelters during evacuation. In addition, we
need to notify all Nursing Homes to ensure patient safety, all the Dialysis centers that
service over 400 additional patients to ensure they are taken care of, and the Oxygen
companies to guarantee that the patients have sufficient 02 canisters to take to the
shelters. Your system will provide the means to make these timely notifications and
the GeoCast Web will allow us to pinpoint areas of concentration as we try to zero in
on the areas that are to be evacuated. Tracking is another aspect that is vital to
ensuring the safety and well being of our citizens. Accountability for each and every
person that requires our assistance is extremely critical as many of our special needs
population have life-threatening disabilities and our premise is to ensure no one will
ever slip through the cracks. One hundred percent contact is our only goal and is a
measure of the success of our entire preparedness and mitigation operations. We also
1
Agenda Item No. 16F9
September 13, 2005
Page 11 of 13
have some other innovative and unique uses in mind for NxT/GeoCast that involve
debris removal. GeoCast allows us to pinpoint areas where there may be large
amounts of debris accumulated and through a touch-tone process residents could
identify what type of debris needs to be picked up i.e. press {I} for vegetation
removal, press {2} for normal debris removal and {3} for hazard material removal.
Your system should also enable us to respond back with pick up days and times. The
GeoCast can also assist with notifications to predicted Hazard Impact Areas such as
Storm Surge or Wildfire areas that may require evacuation. Amber Alerts can also be
utilized with this system.
3) Infrastructure:
The Collier County Information Technology Department was created in 1995. In that
time we migrated from 300 DEC V AX dumb terminals to a 100 mb switched data
network running client server and web based applications. We are responsible for
supporting the data network, desktops systems, telephony and public safety radio
systems. We support over 1,200 computers, 80 Microsoft Windows 200/2003 servers
in over 60 locations in Collier County and over 2,500 telephone extensions. We have
8 network engineers, 6 field support staff, one telecommunications technician and a
help desk staff of three. Most of or Network Engineers are Microsoft and Cisco
certified. Currently have a total of 18 tb of data storage in DASD and SAN. We
work closely with Avaya and have deployed an S8700 Communications Manager, an
Intuity Voice Mail System, a Call Center Manager. We have a programming/GIS
staff and a staff of business applications analysts.
4) Partnerships:
After five hurricanes and two wildfires in the past eleven months, we feel that our
constituency has full confidence and great trust in our department in regards to their
safety and well being. We have struggled for years with this one-line system,
however, our population and needs have by far outgrown this system and our
department along with several partnerships we have forged are in great need of your
system. One of our greatest allies is the Collier County American Red Cross. Timely
notification to this organization is once again critical to ensure that they receive
accurate and up to date information to assist them in preparing for and setting up the
much-needed Red Cross Shelters. The Department of Health and the Department of
Human Services are two agencies that we have a great relationship with and their
involvement with your extraordinary product will greatly enhance their efforts and
help increase their success stories in serving and protecting the citizens of our
County. Collier County has an over abundance of Nursing Homes and Assisted
Living Facilities that require additional preparation time in the event of any form of
disaster. The use of Communicator NxT will provide these facilities with the
necessary and timely information to help mitigate and better prepare for any and all
events.
2
.'"<"'"",'."..""'."",""'"'''''':..".."._"''''_........~I>.'lI;jj..jW%ltJli''l'''li;"~I"'."","":"
Agenda Item No. 16F9
September 13, 2005
Page 12 of 13
5) Need:
As an Emergency Management Department, we realize that there is a dire need
throughout the Nation to have in place an efficient and effective communication
system. In that regard, we are no different from any other public service institution,
however, Collier County has a very large elderly population that not only requires us
to be at the "top of our game" but demands it, and rightly so. In some cases, we are
the only refuge and support for these citizens and we do not want to let anyone down.
A somewhat unique situation presents itself in the form of trying to have our new
Emergency Services Complex built. Every bit of revenue we receive has been going
into the design and construction of this new facility to include a "state of the art"
Emergency Operations Center that will greatly enhance our efforts in support of our
citizens and seeing to their needs. We have also budgeted for the purchase of the
Communicator NxT/GeoCast system to become a part of this complex, however,
completion is scheduled for the end of 2008. With the threat of hurricanes becoming
more and more of a concern to our unique population in Southwest Florida, our
County, my department, and first and foremost, our constituents are in critical need of
a professional, competent, and proficient system such as the Communicator NxT. We
thank you in advance for this tremendous opportunity and hope that you look
favorably upon this request. If there are any further questions, please contact me at
the numbers listed below.
Joseph W. Frazier
Homeland Security Coordinator
Collier County Emergency Management Department
3301 E. Tamiami Trail
Naples FL 34112
(W) 239-774-8779
(C) 239-438-8314
iosephfrazier@colliereov.net
3
Agenda Item No. 16F9
September 13, 2005
Page 13 of 13
TERMS AND CONDITIONS OF
DCC's 2005 EMERGENCY NOTIFICATION GRANT PROGRAM
The 2005 Emergency Notification Grant recipient will be annoWlced and notified by
November 4, 2005. Training must take place within 60 days.
Grant recipient must provide high-speed Internet connectivity on existing PC(s),
necessary for emergency notification technology use.
A two year contract for technical support and software maintenance is included and will
expire 24 months from the actual day of award acceptance.
The grant recipient will complete quarterly reports, as outlined by DCC, for a period of
one year, and will act as a reference for DCC's products and services for two years.
DCC will reserve the right to use the recipient's name and quotes regarding technology
usage in promotional materials and press releases.
This is to certify that I have read, Wlderstand and agree to abide by all the provisions set
forth in the Terms and Conditions of the DCC Emergency Notification Grant Program.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FL
By:
Date:
Fred W. Coyle, Chairman
ATTEST: Dwight E. Brock, Clerk
By:
Deputy Clerk
Approved as to form and legal sufficiency
16~ \)~
Assistant County Attorney
""'~"~"''".''''''''';'''"'t'''''''''"~'''''''"''__'I''~lI<<ill~~''iF';;'''~~'~',JiIi1,;,
-
-
Agenda Item No. 16F10
September 13, 2005
Page 1 of 10
EXECUTIVE SUMMARY
Recommendation to approve Tigertail Beach Boardwalk Category "A" Grant
Application Amendment and Expenditure of $158,800.00
OBJECTIVE: Recommend approval of the Tigertail Beach Boardwalk Category "A" grant
application amendment.
CONSIDERATIONS: On April 12, 2005 the BCC was presented with the Feasibility Study
and the alternate concept. The BCC directed staff to bring forth the alternate plan to the Beach
Access Workshop II, which was held on June 7, 2005. During the May 18,2005 PARAB
meeting, P ARAB approved the Beach Access project list which included the Tigertail Beach
restroom and dune walkover concept. At the June 7,2005 Beach Access Workshop, the BCC
approved the restroom and dune walkover concept and asked staff to proceed with the project.
In order for staff to fund the design and permitting of the project, it is necessary for staff to
submit this amended TDC grant. This amended grant serves to re-direct the funds currently
remaining and available in the Tigertail Beach Boardwalk Feasibility Study and revise the scope
of the project to allow for the design and permitting of the restroom and dune walkover with
these funds. No increase in funds are needed to proceed with this project.
ADVISORY COMMITTEE RECOMMENDATIONS:
Coastal Advisory Committee: On August 11, 2005 the CAC was presented this item for
information purposes only.
Parks and Recreation Advisory Committee: On May 18, 2005 P ARAB recommended approval
of this item.
Tourist Development Council: On August 22,2005 the TDC recommended approval of this
item.
COUNTY ATTORNEY FINDING: N/A
FISCAL IMPACT: $158,800.00 is in Category "A" FY 05 Budget which is the balance
remaining on original grant.
GROWTH MANAGEMENT IMP ACT: There is no impact to the Growth Management Plan
related to this action.
RECOMMENDATION: Board of County Commissioners approve Tigertail Beach Boardwalk
Category "A" Grant Application Amendment and Expenditure of$158,800.00.
PREPARED BY: Gary McAlpin, Coastal Proj ect Manager
Agenda Item No. 16F10
Seplember 13, 2005
Page 2 of 10
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Meeting ON:
16F10
Recommendation to approve Tigertail Btl8Ch Boardwalk Calegory A Gran1 Appltca1ion
Amendm~l1t and Exp!-nditure or $158,800.00
9/1312005 9~OO:OO AM
Item Number:
ttem SlJITUT18ry:
Approved By
Jack Wert Tourism Director Dm
County Manager'ti O1'fice Tourism 8!2eJ2005 3:09 PM
Approved By
Gary McAlpin eO:lltal Project Manager Dale
County ManagtJr's Qffic(t> Tourism l\i3W'200S 9:01 AM
Approved By
Marla Rnmsey Public Services Adminl.trator Date
Public Services Public Services Admin. 8/JO/200510:46 AM
Approved By
OMS Coordinator Adminlstrlltive Assistant D""
County Manager'fi Ottice Offjce of Management & Budget 8/30/200511:04 AM
Approved By
Mark Isackson Budget Analyst .,...
County Manager's Office Office of Management & Budget 8130/20055:17 PM
Approved By
MIchael smykowlIiki Management & Budget Director Do"
County Mannger's Ofti<:m Office- of Managemont & Budget 8131/200511:02 AM
Appro,,'ed By
James V. Mudd County Manager Dat.
Board of County
Commissionel'6 County Manager's Office 9/112005 7:52 PM
Agenda Item No. 16F10
September 13, 2005
Page 3 of 10
COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL
AGENDA ITEM SUMMARY
TDC MEETING DATE: August 22, 2005
SUBJECT: Tigertail Beach Park Boardwalk Amended Grant
AMOUNT REQUESTED: $158,800 (Balance Remaining on Original Grant)
BACKGROUND: In 2002, the CAC, TDC and BCC approved a TDC grant for
$200,000 for the "Tigertail Beach Park Walkway Design". This grant was for the
design and permitting of a boardwalk from Tigertail Beach to Sand Dollar Island.
The funds were budgeted and became available in October 2002. The project was
not begun at that time because Taylor Engineering was in the beginning of a
separate study for the Collier County Beach Utility Department about the dynamics
of Sand Dollar Island and the County wanted to wait for that study's completion
and review. Following the acceptance of the Taylor Sand Dollar Island study, Parks
and Recreation Department determined that the scope of the Boardwalk study
should be narrowed down to that of a feasibility study of the design and permitting
potential for the walkway. On July 29, 2004 Taylor Engineering was hired by Parks
and Recreation via Work Order # TE-FT-04-02 for $40,733 to prepare the
"Tigertail Beach Park Boardwalk Feasibility Study." Taylor completed the study
and the final report was distributed to the CAC on March 10, 2005 for information
only. The study explained the difficulty in permitting a boardwalk to Sand Dollar
Island, the opposition to be encountered, and the possible steps to accomplish the
permitting ifit was determined to proceed. At the March 16,2005 PARAB meeting,
the board was presented with the study and expressed opposition to the boardwalk
to Sand Dollar Island concept. At that time, Park's staff presented a different
recommendation than the consultant's study in which the County would not pursue
a boardwalk to Sand Dollar Island. Instead, Parks would propose a pedestrian
dune walkover from the existing southernmost Tigertail Beach parking lot to the
closest sand beach edge and also construct a restroom in the parking lot. This
alternate concept was welcomed by P ARAB and they unanimously recommended its
approval. On March 28, 2005 Taylor Engineering presented the entire Tigertail
Beach Park Boardwalk Feasibility Study to the TDC for their discussion, including
a recommendation for the dunewalkover and restroom concept. The TDC
recommended approval of this alternate concept. On April 12, 2005 the BCC was
presented with the Feasibility Study and the alternate concept. The BCC directed
staff to bring forth the alternate plan to the Beach Access Workshop II, which was
held on June 7,2005. During the May 18,2005 PARAB meeting, PARAB approved
the Beach Access project list which included the Tigertail Beach restroom and dune
walkover concept. At the June 7,2005 Beach Access Workshop, the BCC approved
the restroom and dune walkover concept and asked staff to proceed with the
project. In order for staff to fund the design and permitting of the project, it is
Agenda Item No. 16F10
September 13, 2005
Page 4 of 10
necessary for staff to submit this amended TDC grant. This amended grant serves
to re-direct the funds currently remaining and available in the Tigertail Beach
Boardwalk Feasibility Study and revise the scope of the project to allow for the
design and permitting of the restroom and dune walkover with these funds. No
increase in funds are needed to proceed with this project.
REVIEW COMMITTEE RECOMMENDATION: P ARAB voted unanimously to
approve the restroom and dune walkover project at their May 18, 2005 meeting.
STAFF RECOMMENDATION: Staff suggests the TDC recommend this item for approval.
TDC RECOMMENDATION:
(X) APPROVED 8/22/05
( ) DENIED
COMMENTS
TDC DIRECTOR
DATE
Agenda Item No. 16F10
September 13, 2005
Page 5 of 10
COLLIER COUNTY TOURIST DEVELOPMENT COUNCll,
CATEGORY "A" GRANT APPLICATION
Beach Renourishment and Pass Maintenance
Tigertail Beach Walkway Design (Amended Grant)
(project Title)
1. Name and Address of Project Sponsor Organization:
Collier County Parks and Recreation
3300 Santa Barbara Boulevard
Naples, Florida 34116
2. Contact Person, Title and Phone Number:
Name: Murdo Smith, Beach and Water Manager
Address: 3300 Santa Barbara Boulevard
City: Naples ST: FL ZIP: 34116
Phone: 239-353-0404 FAX:239-353-1002
Other: murdosmith@colliergov.net
3. Organization's Chief Official and Title:
Fred W. Coyle, Chairman
Board of County Commissioners
4. Details of Project- Description and Location:
In 2002, the TDC and the BCC approved a TDC grant for $200,000 for the
Tigertail Beach Walkway Design project in Marco Island. This project consisted
of the design and permitting of a boardwalk from Tigertail Beach to Sand Dollar
Island. Since that time, Taylor Engineering was hired for $40,733 to prepare a
feasibility study for the boardwalk. This study was presented to the CAC,
PARAB, TDC, and BCC in March and' April of 2005. Due to intense
environmental permitting issues and public opposition, the County decided not to
pursue the permitting of the Sand Dollar Island boardwalk. Instead, the County
proposed a pedestrian dune walkover and restroom from the south Tigertail Beach
Park parking lot to provide more convenient beach access. This concept was
approved by the IDC, P ARAB and BCC. This amended grant is necessary to
proceed with the design and permitting of the restroom and dune walkover project
by revising the original project scope and allowing the remaining project funds to
be used for this amended project.
5. Estimated project start date: August, 2005 (amended project start date)
Agenda Item No. 16F10
September 13, 2005
Page 6 of 10
Collier County Tourist Development CouncB
Category " A" Grant Application Page 2
EXHIBIT A
Tieertail Beach Entrance (Amended Grant)
(project Title)
6. Estimated project duration: 24 months (812007)
7.
Total TDe Tax Funds Requested: original grant:
(this request) amended ~:
new project total
$200,000
$ 0.000
$200,000
8. H the fuR amount requested cannot be awarded, can the program/project
be restructured to accommodate a smaller award?
Yes ( )
No (X)
PROJECT BUDGET
TDC Funds Requested (new)
City/fuing District Share
State of Florida Share
Federal Share
AMOUNT
$0
$
$
$
PROGRAM ELEMENT
TOTAL
$0
PROJECT EXPENSES:
(Engineering, Mobilization, Contractor, Monitoring etc)
Design! Permitting
$158,800 (remqining project funds)
TOTAL
$158,800
This amended grant was reviewed by P ARAB on 5/1815 and they unanimously
recommended approvaL
Agenda Item No. 16F10
September 13, 2005
Page 7 of 10
Collier County Tourist Development Council
Category" A" Grant Application Page 3
EXHIBIT A
Tieertail Beach Walkwav Desim (Amended Grant)
(project Title)
I have read the Tourist Development Category "A" Beach Funding Policy covering
beach renourishment and pass maintenance and agree that my organization will
comply with aU guidelines and criteria.
Signature of Sponsor Organization's Chief Official
Date
Agenda Item No. 16F1 0
September 13, 2005
Page 8 of 1 0
TOURIST DEVEWPMENT CATEGORY "A'" FUNDING POLICY
l. Use of roc Clltetlorv "An fllntls. Category "A" Tourist Development Tax Funds shall be used for
beach renourishment, beach maintenance, and beach park facilities including beach access acquisition.
z. SOllrce of other ""'tis. Federal or State funds are desirable and should be diligently pursued.
3. Mtmdatorv annllal blldllet aUoctltlon of limtls lI"d mlllntelUmce of reserves.
a. Catastrophe reserves shall be accumulated in the budget with $lM in 2004 plus $O.5M per
year thereafter up to a maximum of $10M. In the event of a cataslrophe requiring the
expenditure of all or part of these reserves, $O.5M will continue to be set aside.
b. Annual monitoring and other permit compliance requirements. Beginning with FY 2005,
these costs shall be cost-shared (if applicable) with TDC Category "A" funds at the same
percentage as the project.
c. Mlijor renourishment reserves shall be accmnulated in the budget with $2M per year after the
completion of the major renourishment project currently in planning and permitting (as of
November 2003; projected to start setting aside funds in FY 2006).
d. Beach park facilities (including beach access property acquisition) shall be funded at an
average of $2M per year. This funding allocation shall be adjusted annually in an amount
equal to the percentage change in TDC Category "A" revenues.
e. Remaining funds may be used for eligible grant applications as outlined in the policy below.
4. EIlIlIbilltv. Eligible beach areas qualifY for Category "A" funding. An "eligible beach area" has:
a. At least one public access point from a public street; and
b. Is no more than one-half mile from a beach park facility, public access point, hotel, motel or is a
vital tourism area subject to abnormal erosion, provided that if at least 80010 of a beach area is classified as
eligible, otherwise ineligible gaps will be deemed eligible.
S. Level of use. Eligible beach areas are classified according to use.
a. "High use" is an eligible beach area within one-half mile of a hotel, motel, designated public
parking or public shuttle drop-off point.
b. "Low use" is an eligtble beach area outside the limits for high use, provided that if at least 80010
of a beach area is classified as high use, low use gaps will be deemed high use.
6. Level of service. Eligible beach areas qualify for Category "A" funding based on use.
a. An eligible low use beach area qualifies for "minimum maintenance," meaning
renourishment sufficient to provide minimum shoreline protection for a projected period
of five years, including maintenance, monitoring and testing on a periodic basis as
needed
b. An eligible high use beach area qualifies for full renourishment, meaning
additional renourishment intended to enhance beach width for recreational or other public
purpose.
Agenda Item No. 16F10
September 13, 2005
Page 9 of 10
c. Additional Category "A" funding may be provided for eligible low use beach areas for
renourishment in addition to minimum maintenance, provided that at least 600.4 of the incremental cost is
funded by private or other non-County sources.
7. Inlet Stmd BVDlISSinl!. The bypassing of sand across inlets may be funded by Tourist Development Tax
Category "'An funding provided the Inlet Management Plan recommends the bypassing and the sand will be
placed on an eligible beach. No TOe Category "An funding will be approved for dredging non-beach
compatible material. Permit requirements, such as profile monitoring and beach tilling. will be funded the
same way as the bypassing.
8. Shore DrotectJon stfllctures ad oroiect soollSOrs/dD. Projects, including construction and maintenance
of shore protection stroctures (groins, jetties. breakwaters, etc.), may be funded by Category "An funding
for eligible beaches. However, 'ownership' responsibilities must rest with an entity other than "Towist
Development Taxes" - Le. there must be a project sponsor (private interests, taxing districts, municipalities
or County Departments other than those funded with Tourist Development Taxes).
9. Grilllt ADDlication Review. The Coastal Advisory Committee and the Parks and
Recreation Advisory Board will prepare and maintain a proposed prioritized annual
spending plan for the use of Tourist Development Tax Category "A" funds, with a ten
year projection. The proposed plans will be submitted to the Board of County
Commissioners (BCC) for their consideration and approval, via the TDC. These
submissions will coincide with the annual Collier County budget cycle. The Coastal
Advisory Committee will review all requests for Tourist Development Tax Category" A"
funds, with the exception of County maintained beach park facilities that will be handled
by the Parks and Recreation Advisory Board. Both advisory boards will make
recommendations for approval, denial or modification to the BCC, via the roc,
consistent with the BCC established policy for use of these funds.
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Agenda Item No. 16F11
September 13, 2005
Page 1 of 13
......-.,
EXECUTIVE SUMMARY
Recommendation to approve an Agreement between Collier County and Dr.
Marta U. Coburn, M.D., Florida District Twenty Medical Examiner dba
District Twenty Medical Examiner, Inc. to provide medical examiner
services for Fiscal Year 2006 at a cost of $831,520.
OBJECTIVE: Approval of an agreement to provide Collier County with medical
examiner services pursuant to Chapter 406, Florida Statutes.
-
CONSIDERATIONS: Dr. Marta U. Coburn, M.D. was re-appointed in July 2002 by
Jeb Bush, Governor of the State of Florida, to serve as the District Twenty Medical
Examiner. An agreement between Collier County and Dr. Marta U. Coburn, M.D. dba
District Twenty Medical Examiner, Inc. is entered into annually to provide the County
with medical examiner services. Section 406.06(3), Florida Statutes, states that the
Medical Examiner shall be entitled to compensation and such reasonable salary and fees
as are established by the Board of County Commissioners. Pursuant to Section 406.16,
Florida Statutes, the County shall pay for professional liability insurance for the Medical
Examiner and Associate Medical Examiner(s). The payment of professional liability
insurance is included in the agreement as an obligation of the County and shall be in
addition to the semi-monthly compensation paid to the Medical Examiner. Dr. Coburn
has submitted an annual budget, based on past statistics and reasonable projections, of
$816,020 for services and an estimate of $15,500 for professional liability insurance.
These amounts have been included in the County's budget for Fiscal Year 2006.
FISCAL IMPACT: The cost to the County for Fiscal Year 2006 is $831,520 and funds
are budgeted for Fiscal Year 2006 in Fund 001, Medical Examiner Services.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact
associated with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners approve the
agreement between Collier County and Dr. Marta U. Coburn, M.D., Florida District
Twenty Medical Examiner dba District Twenty Medical Examiner, Inc. for medical
examiner services for Fiscal Year 2005 at a cost of $831 ,520.
.-
PREPARED BY: Darcy Waldron, Senior Administrative Assistant
Department of Emergency Management
Agenda Item No. 16F11
September 13. 2005
PagEl 2 of 13
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number.
16F11
Item Summary:
Recomrnenda1ion 10 approve an Agl'eemenl between Collier Co(mly and Dr, Marta U
Coburn, M.D" District TWetlly Medical Examiner dba District Twenty Medical Examiner, Inc.
to provide medicol examiner services lor Fiscal Yeal 2006 at a cosl of$B31 ,520
Meeting 0...:
9/13/20059:00:00 AM
Approved By
Darcy Waldron
Senior Administrative Asslstan1
Oat.
County Mana9f!r'$ Office
Emergency Management
8/2912005 1:28 PM
Approved By
Dan E. SUlTlR'MtrJi
Bureau of Emer~ncy Services Director
0...
County Manager'.. Oft'ice
Bureau of Emergency Services
81301200512:16 PM
Approved By
OMS Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
8/31120059:21 AM
Approved By
MichaelSmykowski
Marullgement & Budget Dire<:tOf
0...
County M.anager's Office
Office of Mllnagement & Budget
8/31/200511 :11 AM
Approved By
Jilrms V. Mudd
County MalU!ger
0",
Board of County
Commis5ionerJl
County Manager's Office
8131f2:005 1:00 PM
Agenda Item No. 16F11
September 13, 2005
Page 3 of 13
AGREEMENT FOR MEDICAL EXAMINER SERVICES
THIS AGREEMENT FOR MEDICAL EXAMINER SERVICES, (Agreement), made
and entered into this _ day of September, 2005, by and between Marta U. Coburn, M.D.,
Florida District Twenty Medical Examiner for Collier County, Florida, doing business as District
20 Medical Examiner, a Florida for Profit Corporation, (hereinafter called "Medical Examiner"),
and the Board of County Commissioners of Collier County, Florida, (hereinafter called
"County"). Medical Examiner and County are hereinafter collectively referred to as the
"parties."
WHEREAS, Dr. Marta U. Coburn was re-appointed Florida District Twenty Medical
Examiner for Collier County, Florida, on July 2, 2002, by Jeb Bush, Governor of the State of
Florida; and
WHEREAS, Section 406.06(2), Florida Statutes, provides that the District Medical
Examiner may appoint Associate Medical Examiner(s) to provide medical examiner services at
all times and all places within the district and that said Associate Medical Examiner(s) shall
serve at the pleasure of the District Medical Examiner; and
WHEREAS, Section 406.06(3), Florida Statutes, states that District Medical Examiner(s)
and Associate Medical Examiner(s) shall be entitled to compensation and such reasonable salary
and fees as are established by the Board of County Commissioners in their respective district;
and
WHEREAS, Section 406.08(1), Florida Statutes, provides that fees, salaries and
expenses for the Medical Examiner's office may be paid from the general funds or any other
funds under the control of the Board of County Commissioners and that the Medical Examiner
shall submit an annual budget to the Board of County Commissioners; and
Agenda Item No. 16F11
September 13, 2005
Page 4 of 13
WHEREAS, Section 406.08(5), Florida Statutes, provides that autopsy and laboratory
facilities utilized by the District Medical Examiner or Associate Medical Examiner(s) may be
provided on a permanent or contractual basis by the counties within the district; and
WHEREAS, Collier County desires to contract with Marta U. Coburn, M.D., Florida
District Twenty Medical Examiner, doing business as District 20 Medical Examiner, Inc., a
Florida Corporation, to provide medical examiner services under Chapter 406, Florida Statutes,
as an independent contractor.
NOW, THEREFORE, in consideration of the mutual covenants, terms, conditions and
provisions contained herein, the parties do hereby agree as follows:
SECTION I
TERM OF AGREEMENT
The term of this Agreement shall be from October 1,2005, through September 30,2006.
SECTION II
PURPOSE AND SCOPE OF CONTRACTUAL SERVICES
The Medical Examiner hereby agrees to furnish services, labor and all equipment not
otherwise provided for, necessary for the complete performance of the services contemplated
hereunder, to wit: to serve as Florida District Twenty Medical Examiner for Collier County,
Florida in accordance with Chapter 406, Florida Statutes, and the standards promulgated by the
Florida Medical Examiner's Commission.
SECTION III COMPENSA nON AND PAYMENTS
A. The County hereby agrees to compensate the Medical Examiner for services to be
performed for the term of this Agreement, beginning on October 1, 2005, the amount of
$816,020 by semimonthly payments ending September 30, 2006.
B. Payments from the County to the Medical Examiner of the Compensation set forth
paragraph A, above, shall be made on the 15th and 30th days of each month. If the 15th or 30th
2
Agenda Item No. 16F11
September 13, 2005
Page 5 of 13
of the month falls on a weekend or a holiday, the payment to the Medical Examiner shall be
made on the next County business day. It is expressly understood that each semimonthly
payment shall be made for the services furnished for the preceding period of time. As a
condition of said semimontWy payment by the County, the Medical Examiner shall be in full
compliance with Section VII of this Agreement regarding reports.
C. The Medical Examiner agrees and understands that under the terms of this
Agreement, a full professional staff (associate medical examiner(s) and autopsy technician(s))
must be maintained in order to perform the Medical Examiner duties set forth under this
Agreement and by Chapter 406, Florida Statutes.
D. The County agrees and understands that the compensation provided for under this
Agreement to the Medical Examiner is intended to cover the anticipated normal
activities/workload of the Medical Examiner, based upon past statistics and reasonable
projections. The County acknowledges and agrees that the semimontWy compensation of the
Medical Examiner set forth in this Section has been established without consideration of
disasters or occurrences of an unusual nature or magnitude such as would necessitate
extraordinary expenditure on the part of the Medical Examiner in fulfilling the obligations under
this Agreement and Chapter 406, Florida Statutes. In the event of such disaster(s) or
occurrence(s), the Medical Examiner shall consult with and shall seek, but not necessarily obtain,
the approval of the Collier County Emergency Management Director or his/her designee, for any
additional expenditures. The Medical Examiner shall in all events retain the right to and shall
then petition the Board of County Commissioners to reimburse the Medical Examiner for all
extraordinary expenses and compensation which are justified and incurred by the Medical
Examiner due to said disaster(s) or occurrence(s). The Medical Examiner shall provide invoices
3
Agenda Item No. 16F11
September 13, 2005
Page 6 of 13
and receipts in an itemized manner to support the petition to the Board of County Commissioners
for extraordinary compensation and expenditures. Examples of extraordinary disasters or
occurrences include, but are not limited to: aircraft, bus and boat accidents where a simultaneous
large loss of life has occurred; hurricanes and other natural disasters; and any other disasters or
occurrences caused by nature or man made where a large loss of life is experienced. Upon
petition of the Medical Examiner for extraordinary compensation and/or expenditures, and with
the recommendation of the Collier County Emergency Management Director, the Board of
County Commissioners shall determine, using a reasonable and objective standard, if
extraordinary compensation and/or expenditures shall be paid to the Medical Examiner.
SECTION IV F ACIUTIES AND EQUIPMENT
A. In accordance with Section 406.08(5), Florida Statutes, the County agrees to provide
and insure, at no cost to the Medical Examiner, a facility and all medical-laboratory related
equipment reasonably required by the Medical Examiner to perform the duties as District
Medical Examiner. All costs associated with maintaining the facility and its area landscaping
will be paid by the Medical Examiner. The County shall bear the cost of the Medical Examiner's
facility .
8. All capital equipment needed and budgeted by the County for use by the Medical
Examiner shall be purchased by, and be inventoried through, the County as County property.
The procurement of said equipment shall be approved by the Collier County Emergency
Management Director in accordance with the Collier County Purchasing Policy, upon
submission of a requisition by the Medical Examiner. The Medical Examiner agrees to take
reasonable care, maintain and repair any equipment provided by the County. The County agrees
4
Agenda Item No. 16F11
September 13, 2005
Page 7 of 13
to include all equipment reasonably required by the Medical Examiner in the annual medical
examiner budget submitted to the Board of County Commissioners for approval.
C. Except as otherwise provided in this Agreement, the Medical Examiner shall be
solely responsible for the payment of all normal and ordinary services, fees, and costs
encumbered in the course of the Medical Examiner's office's operation.
SECTION V
PROFESSIONAL LIABILITY INSURANCE
Pursuant to Section 406.16, Florida Statutes, the County shall pay the Medical
Examiner's professional liability insurance. This payment shall be in addition to the
semimonthly compensation paid to the Medical Examiner by the County under Section III of this
Agreement. As a condition precedent to the County paying for the Medical Examiner's
professional liability insurance, the Medical Examiner shall present to the County an original
invoice evidencing the purchase by the Medical Examiner of said insurance coverage.
SECTION VI USE OF FACILITIES AND EQUIPMENT BY THE MEDICAL EXAMINER
FOR HUMAN IT ARIAN AND/OR CHARITABLE PURPOSES
The Medical Examiner shall be allowed to use the County's facility and laboratory
equipment for humanitarian and/or charitable purposes provided that these purposes in no way
interfere with the Medical Examiner's primary duty to serve as medical examiner for Collier
County. As provided in Section 406.16, Florida Statutes, the County shall not be liable for any
acts of the Medical Examiner not within the scope of the official duties performed for Collier
County. The performance by the Medical Examiner of humanitarian and/or charitable services
under this paragraph shall not be considered part of the official duties of the Medical Examiner.
SECTION VII REPORTS
The Medical Examiner agrees to provide to the County quarterly reports which shall
include, minimally the following:
5
,-
Agenda Item No. 16F11
September 13, 2005
Page 8 of 13
A. Number of all investigations and narrative reports for non-autopsy medical examiner
cases;
B. Number of all autopsies performed;
C. Court cases and medical/legal conferences, number and hours spent;
D. Number of authorizations for all cremations and burials at sea and anatomical
dissections;
E. Number of hours of scene investigations;
F. Any other activities not described above;
The quarterly report shall be submitted by the 10th day of the month due to the County's
Emergency Management Director.
SECTION VIII MEDICAL EXAMINER AS INDEPENDENT CONTRACTOR
A. It is hereby stated to be the expressed intent of the parties that under this Agreement
the Medical Examiner shall act exclusively as an independent contractor rendering professional
services for the County in accordance with Chapter 406, Florida Statutes, and the Medical
Examiner shall not be considered as an employee or agent of the County. The Medical Examiner
shall be solely responsible for the payment of all applicable taxes for compensation paid to the
Medical Examiner by the County pursuant to this Agreement. The Medical Examiner shall not
be eligible for, nor participate in, any fringe benefits from the County.
B. The Medical Examiner shall be responsible for employing and providing by separate
Agreement, independent of the County, all personnel or other services necessary for the
performance of the duties and responsibilities under this Agreement and in accordance with
Chapter 406, Florida Statutes. The Medical Examiner shall have complete supervision and
control over said employees who shall not be entitled, as a result of this Agreement, to any
benefits granted employees of the County.
6
Agenda Item No. 16F11
September 13, 2005
Page 9 of 13
C. Pursuant to Section 406.16, Florida Statutes, the County shall not be liable for any
acts of the Medical Examiner that are not within the scope of the official duties as Medical
Examiner.
SECTION IX NO PARTNERSHIP
Nothing contained in this Agreement shall create or be construed as creating a
partnership between the County and the Medical Examiner.
SECTION X
NO DISCRIMINATION
The Medical Examiner agrees that there shall be no discrimination as to race, sex, color,
creed or national origin at any County facilities provided under this Agreement and with regard
to the provision of the services of the Medical Examiner contemplated by this Agreement.
SECTION XI COMPENSATION FOR MEDICAL EXAMINER EXPERT TESTIMONY IN
COLLIER COUNTY CRIMINAL PROCEEDINGS
In accordance with the provisions of Chapter 29, Florida Statutes, as amended by Senate
Bill 2962, effective July 1, 2004, all fees for expert testimony of the Medical Examiner in
criminal proceedings shall be paid by the State of Florida. Upon performance of service, the
Medical Examiner shall submit its fee for service to the appropriate State agency or court-
appointed counsel.
SECTION XII NOTICES
All notices from the County to the Medical Examiner shall be deemed duly served if
mailed by registered or certified mail to the Medical Examiner at the following address:
Office of the Medical Examiner
3838 Domestic Avenue, Naples, FL 34104
All notices from the Medical Examiner to the County shall be deemed duly served if mailed by
registered mail to the County at the following address:
Collier County Emergency Management Director
3301 East Tamiami Trail
Naples, Florida 34112
7
Agenda Item No. 16F11
September 13, 2005
Page 10 of 13
The County and the Medical Examiner may change the above mailing addresses at any
time by giving the other party written notification within fifteen (15) days of said mailing
address change.
All notices under this Agreement must be in writing.
SECTION XIII NO IMPROPER USE
The Medical Examiner will not use, nor suffer or permit any person to use in any manner
whatsoever, County facilities for any improper, immoral or offensive purposes, 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 Medical Examiner or any staff of the Medical
Examiner, the County shall have the right to suspend this Agreement with the Medical Examiner.
Should the Medical Examiner fail to correct any such violation within twenty-four hours after
receiving notice of such violation, such suspension shall continue until the violation is cured.
SECTION XIV INDEMNIFICATION
The Medical Examiner, in consideration of ten dollars, the receipt and sufficiency of
which is accepted through the signing of this document, shall hold harmless and defend Collier
County and its agencies and employees from all suits and actions, including attorney fees and all
costs of litigations and judgments of any name and description arising out of, or incidental to, the
performance of this Agreement or services performed thereunder. The Medical Examiner's
obligation pursuant to this provision shall not be limited in any way by the agreed-upon
compensation under this Agreement or the Medical Examiner's limit of, or lack of, sufficient
insurance protection. The first ten dollars of compensation received by the Medical Examiner
under this Agreement is considered as payment of this obligation by the County. This section
does not pertain to any incident arising from the sole negligence of Collier County.
SECTION XV TERMINATION AND CONTINUITY OF SERVICES
B
Agenda Item No. 16F11
September 13, 2005
Page 11 of 13
A. This Agreement may be terminated by either party upon ninety (90) days written
notice to the other party by Registered Mail, return receipt requested. The parties shall deal with
each other in good faith during the ninety-day period after any notice of any intent to terminate
has been given. Either party may terminate this Agreement immediately for reasonable cause,
upon written notice to the other. Reasonable cause shall include but not be limited to:
(1) Material violation(s) of this Agreement;
(2) Suspension or revocation of the Medical Examiner's license to practice medicine
or other disciplinary actions taken against the Medical Examiner by the Florida Medical
Examiners Commission or similar regulatory authority;
(3) Revocation of the Medical Examinds appointment as Medical Examiner for
Florida Medical Examiner District Twenty;
(4) Any violation of the Medical Examiner's duties as required under Chapter 406,
Florida Statutes;
(5) Repeated and/or prolonged absence(s) from office substantially affecting the
performance of the duties of the Medical Examiner under this Agreement;
(6) The death of the Medical Examiner;
(7) Physical and/or mental incapacitation of the Medical Examiner substantially
affecting the performance of the duties of the Medical Examiner under this Agreement.
B. In the event of a termination of this Agreement by the County, the County shall only
be required to pay such compensation to the Medical Examiner as she may be entitled to for
services performed until the time of termination.
9
Agenda Item No. 16F11
September 13, 2005
Page 12 of 13
SECTION XVI AMENDMENTS
This Agreement may be modified by amendment at any time provided that such
amendment is in writing and signed by both parties.
SECTION XVII A lTORNEY FEES
In the event of any litigation arising under this Agreement, the prevailing party shall be
entitled to recoup attorney fees and all costs of litigation from the non-prevailing party at both
trial and all appellate levels.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day
first above written.
By:
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
AITEST:
Dwight E. Brock, Clerk
Fred W. Coyle, Chairman
First Witness
Gf:~~""f
glIB !Date '
MEDICAL EXAMINER
~~
Marta U. Coburn, M.D. Medical Examiner
Florida District Twenty
Date:~ 'f,J.gP~
Y4ribLJ 'he. kma.~
Typed or Printed Name
Signature / Date
tJ.:. ~ ~~~
Typed or Printed Name
10
Agenda Item No. 16F11
September 13, 2005
Page 13 of 13
SECTION XVI AMENDMENTS
This Agreement may be modified by amendment at any time provided that such
amendment is in writing and signed by both parties.
SECTION XVII ATTORNEY FEES
In the event of any litigation arising under this Agreement, the prevailing party shall be
entitled to recoup attorney fees and all costs of litigation from the non-prevailing party at both
trial and all appellate levels.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day
first above written.
ATTEST:
Dwight E. Brock, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Deputy Clerk
By:
Fred W. Coyle, Chairman
First Witness
MEDICAL EXAMINER
Signature / Date
Marta U. Coburn, M.D. Medical Examiner
Florida District Twenty
Date:
Typed or Printed Name
Second Witness
Signature / Date
Typed or Printed Name
Approved as to form and
legal sufficiency:
Assistant County Attorney
11
Agenda Item No. 16F12
September 13, 2005
Page 1 of 10
EXECUTIVE SUMMARY
Recommend Approval of an Inlet Management Policy and Funding
Guidelines for Category "A" Tourist Development Taxes.
OBJECTIVE: To recommend approval of an inlet management policy and funding
guidelines using Category "A" Tourist Development Taxes.
CONSIDERATIONS: The Coastal Advisory Committee (CAe) previously developed a
Beach Policy and funding Guidelines using Tourist Development Taxes. That policy was
adopted by the BCC on December 16,2003. At that time, the BCC tasked the CAC to
develop a similar policy and funding guidelines for Collier County's Coastal Inlets when
Tourist Development Taxes are requested. Attached is a policy and guidelines developed
and approved by the Coastal Advisory Committee.
COUNTY ATTORNEY FINDING: The County Attorney has found in the past that
certain Inlet Management projects are allowable tourist development tax expenditures.
ADVISORY COMMITTEE RECOMMENDATIONS: This item was approved (8-1)
by the Coastal Advisory Committee on August 11, 2005 and also approved unanimously
(7-0) by the Tourist Development Council on August 22,2005.
-
FISCAL IMP ACT: The source of funds is from Category "A" Tourist Development Tax
fund. Inlet projects have been accounted for in the 10-year capital-funding plan of the
CAC and attached to this item.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth
Management Plan related to this action.
RECOMMENDATION: Approval of this Inlet Management Policy and funding
guidelines for Collier County coastal inlets using Category "A" Tourist Development
Taxes.
PREPARED BY: 1. Gary McAlpin
-
Agenda Item No. 16F12
September 13, 2005
Page 2 of 10
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
ltam Number:
Item StMnmary:
16F12
Recommend Approvalot an Inlet Managemenl PQ~cy and Funding Guidelines fOf Calegory A
TClurist Deyelopmeot Taxes.
Meeting Date:
9'13120059:00:00 AM
Prepared By
Gary McAlpin Coata\ Project Manage-r OM.
County Manager's Office Tourism 8(3012005 5:17:58 PM
Approved By
Gary McAlpin COI\tal Proje.ct Manager Date
County Manager's Office Tourism 6J311200!i 12:07 PM
Approved By
Jack Wert lourl'im DlrcetoT Dale
County Manager's: Ot\'i<.:(? l'ourism 8f3112OO5 3:48 PM
Approved By
OMB Coordinator Adminisb'atlve Anistnnt Date
County MoInager'$ Office Office of Management & BUdget 8131f20G5 4:02 PM
Approved By
Mark luck$on Budget Analyst Date
Count}' Mllnager's Office Office of ManAgemeri1 & Budget 9/1f2005 4:50 PM
Approved By
Michael SmykoWtiki Managoment & Budget Director Oat.
County Manager's Office Office of Management & Budget 912/2005 4:21 PM
Approved By
James V. Mudd County Manager Date
Board of County
Commi.slonet. CQunty Manager's O"ice 9/512005 1:32 PM
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Agenda Item No. 16F13
September 13, 2005
Page 1 of 8
EXECUTIVE SUMMARY
Recommendation to approve two (2) Contractual Service Agreements between
Collier County and the East Naples, and Golden Gate Fire & Rescue Districts to
provide fire protection and rescue services within the Collier County Fire Control
District at a cost of $213,400.
OBJECTIVE: Board of County Commissioner's approval of two (2) Contractual Service
Agreements with the East Naples, and Golden Gate Fire & Rescue Districts for fIre protection
and rescue services to the Collier County Fire Control District.
CONSIDERATIONS: 'Collier County Ordinance No. 84-84, as amended, created the Collier
County Fire Control Municipal Service Taxing District (District). The purpose of the District is
to provide fire protection and rescue services to the residents of the unincorporated areas of
Collier County that are located outside the boundaries of existing fIre control districts. The
services are provided by four (4) fIre control districts: East Naples, Golden Gate, Isles of Capri,
and Ochopee Fire & Rescue Districts. The existing Service Agreements with the two
independent fire districts, East Naples and Golden Gate, have expired. New Contractual Service
Agreements are required between the County and the East Naples, and Golden Gate Fire &
Rescue Districts. The Isles of Capri, and the Ochopee Fire & Rescue Districts are County
dependent districts and no agreements are required.
Services are funded by an MSTU at a millage rate of 2.0 mills and are distributed for fiscal year
2006 as follows:
Golden Gate Fire & Rescue District
East Naples Fire & Rescue District
Isles of Capri Fire & Rescue District
Ochopee Fire & Rescue District
$106,700
$106,700
$ 72,700
$106,700
FISCAL IMPACT: The total FY-06 cost of the Agreements is $213,400. Funds are budgeted
for FY-06 in Fund 148, Collier County Fire Control. The Isles of Capri and Ochopee Fire
Control Districts' portions are included in their FY -06 budgets.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with this item.
RECOMMENDATION: That the Board of County Commissioners approve the two (2)
Contractual Service Agreements between Collier County and the East Naples, and Golden Gate
Fire & Rescue Districts to provide fire protection and rescue services within the Collier County
Fire Control District at a cost of $213,400.
Prepared By: Darcy Waldron, Sr. Administrative Assistant
Department of Emergency Management
Agenda Item No. 16F13
September 13. 2005
Page 2 of 8
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item $umR1llry:
16F13
Meeting Oat.:
Recommendation 10 approlle two (2) Contractual Sen'ice Agreemen1s between Collier
County and the East Naple6 and Golden Gat-e: Fire & Rescue DIstricts to provide fire
protection and rescue services within tile Collier County Fire Control Oh.trlct at fI cost of
$213,400.
9/13/20059:00:00 AM
Approved By
Darcy Waldron
Senior Adminlatrilltlve ABsi.tant
Dote
County Manager's Office
Emergency Management
6/29120053:41 PM
Approved B)'
Dan E. Summers
Buroau 01 Emergency Servioos Director
Dote
Count" Manags"'S Office
Bure!1u of Emergf1ncy Serv~ces
81301200512~19 PM
Approved By
OMS Coordinator
Administrative Assistant
Dote
County Manager's Officl3
Office of Management & BUdQet
81301200512:49 PM
Approved By
Michael Smykowski
Management & Budgm Director
D'"
county Manager's Office
Office of Management & Budget
8/311200511:00 AM
Approved By
James v. Mudd
County Manager
D'"
Board of County
Commissioners
COUl,ty Malloger'. Of'ftce
813112005 1:06 PM
Agenda Item No. 16F13
September 13, 2005
SERVICE AGREEMENT BETWEEN THE Page 3 of 8
GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT AND THE
BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA
THIS SERVICE AGREEMENT (Agreement) made this _day of . 2005,
by and between the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA (hereinafter referred to as "COUNTY"), and the GOLDEN GATE FIRE CONTROL
AND RESCUE DISTRICT (hereinafter referred to as the "DISTRICT"). COUNTY and
DISTRICT are collectively referred to herein as the parties.
WITNESSETH:
WHEREAS, pursuant to Collier County Ordinance No. 84-84, as amended, the Board of
County Commissioners created the Collier County Fire Control Municipal Services Taxing Unit
(hereinafter referred to as the "Collier County Fire District"); and
WHEREAS, the Collier County Fire Control District, as created by Collier County
Ordinance No. 84-84, as amended, includes all of the unincorporated area of Collier County,
Florida, that is not included within a dependent or independent fIre control district; and
WHEREAS, the DISTRICT has the necessary equipment and personnel, as described in
fIre department response procedures Exhibit "A" attached hereto and incorporated herein, to
provide fIre control, fIre prevention and rescue services to sub-areas of the Collier County Fire
Control District; and
WHEREAS, certain portions of the Collier County Fire Control District described above
require fIre and rescue protection services; and
WHEREAS, the parties desire to enter into this Agreement under the authority of the
Florida Intergovernmental Cooperation Act of 1969, as amended, as referenced in Chapter
163.01, et. seq., Florida Statutes, for the purpose of providing fIre and rescue service to those
geographic areas and parts of the Collier County Fire Control District which are the subject of
this agreement.
NOW, THEREFORE, in consideration of the premises and covenants set forth herein,
and other valuable considerations in hand, received this date, each party from the other, which is
hereby acknowledged, the parties hereto agree as follows:
1. The term of this Agreement shall be effective from October I, 2005 through
September 30, 2010. This Agreement may be amended as to its terms and
conditions at any time by mutual consent of both parties, through a writing
executed with the same formalities as this Agreement by both parties.
2. The DISTRICT agrees to furnish fIre protection and rescue services to a portion
of the Collier County Fire Control District. The fIre department responses as
described in Exhibit "A" shall be deemed to establish the closest station response
to calls for service in the Collier County Fire Control District. The DISTRICT
shall furnish said fIre protection and rescue services within a primary zone of
coverage within the Collier County Fire Control District, as well as in other zones
of the Collier County Fire Control District, as required by procedure or upon the
request of the COUNTY or other Collier County Fire Control District contract
Agenda Item No. 16F13
September 13, 2005
providers. The Fire Chief of the DISTRICT shall, in conjunction wifl\3!:lh6 of 8
Director of Collier County Bureau of Emergency Services and the other agency
Fire Chiefs servicing the Collier County Fire Control District, forward to the
COUNTY a map indicating and confirming each agency's primary and secondary
response zone within the Collier County Fire Control District. Said services shall
be provided in the same manner, level and priority as the fire protection and
rescue services furnished within the regular DISTRICT, taking into consideration
the time, distance and resource limitations of the DISTRICT.
3. The COUNTY agrees to pay the DISTRICT for services rendered to a portion of
the Collier County Fire Control District pursuant to the requirements of paragraph
2, above, from taxes collected during each fiscal year of the Agreement. Payment
shall be calculated from the latest tax assessment rolls available on May 15t of
each at an assessed rate of 2.0 mills for the duration of the Agreement. Available
tax revenue is the total amount of taxes available for fire and rescue protection
services after costs of collection have been deducted. Payment is to be paid on a
quarterly basis on January 1, April 1, July 1, and September 1. Revenue and
payment will be based on the following formula:
Total ad Valorem revenue for Collier County Fire Control
District, less collection fees and administrative costs. The
remaining balance is to then be divided in half, with the first
half being split four ways between the East Naples Fire Control
and Rescue District, the Ochopee Fire Control District, the
Golden Gate Fire Control and Rescue District and the Isles of
Capri Municipal Rescue and Fire Services Taxing District.
The second half would then be split using the following
percentages: 12.01% to the Isles of Capri Municipal Rescue
and Fire Services Taxing District, with the East Naples Fire
Control and Rescue District, the Ochopee Fire Control District
and the Golden Gate Fire Control and Rescue District each
receiving 29.33%.
4. Both parties to this Agreement hereby agree to cooperate and participate in
mutual programs and projects in the interest of fire and rescue protection within
the County of Collier, and with the Fire Marshall of the State of Florida.
5. At any time during this Agreement, in the event of non-performance of the
obligations arising under this Agreement by either party, the other shall provide
written notice of the specific grounds of such a claim to the chief administrator of
2
Agenda Item No. 16F13
.__ ..$.swtember 13. 2005
Page 5 of 8
.
.
the non-performing party. The party receiving such a notice shall then have
fifteen (15) days in which to respond to and remedy the claim of non-
performance. In the event that the non-performance is not remedied within the
IS-day period, the party claiming the non-performance shall have the right to
terminate this Agreement.
6. All Service Agreements and amendments thereto, between the COUNTY and the
DISTRICT relating to the area previously termed the Collier County Fire Control
District are hereby rescinded and superseded.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first
above written.
~r?~~
Witness: III '\J .
GOLDEN GATE FIRE CONTROL AND
RESCUE DISTRICT, an Independent
Special District of ~unty. Florida
BY~ 66 'J
Donald R. petersoh~~tered A
BOARD OF COMMISSIONERS,
COLLIER COUNTY, FLORIDA
By:
Fred W. Coyle, Chairman
ATTEST: Dwight E. Brock, Clerk
Deputy Clerk
FO~ Sufficiency
3
t
Agenda Item No. 16F13
September 13. 2005
Page 6 of 8
SERVICE AGREEMENT BETWEEN THE
EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT AND THE
BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA
THIS SERVICE AGREEMENT (Agreement) made this _day of . 2005,
by and between the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA (hereinafter referred to as "COUNTY"), and the EAST NAPLES FIRE CONTROL
AND RESUCE DISTRICT (hereinafter referred to as the "DISTRICT"). COUNTY and
DISTRICT are collectively referred to herein as the parties.
WITNESSETH:
WHEREAS, pursuant to Collier County Ordinance No. 84-84, as amended, the Board of
County Commissioners created the Collier County Fire Control Municipal Services Taxing Unit
(hereinafter referred to as the "Collier County Fire District"); and
WHEREAS, the Collier County Fire Control District, as created by Collier County
Ordinance No. 84-84, as amended, includes all of the unincorporated area of Collier County,
Florida, that is not included within a dependent or independent fire control district; and
WHEREAS, the DISTRICT has the necessary equipment and personnel, as described in
fire department response procedures Exhibit "A" attached hereto and incorporated herein, to
provide fire control, fire prevention and rescue services to sub-areas of the Collier County Fire
Control District; and
WHEREAS, certain portions of the Collier County Fire Control District described above
require fire and rescue protection services; and
WHEREAS, the parties desire to enter into this Agreement under the authority of the
Florida Intergovernmental Cooperation Act of 1969, as amended, as referenced in Chapter
163.01, et. seq., Florida Statutes, for the purpose of providing fire and rescue service to those
geographic areas and parts of the Collier County Fire Control District which are the subject of
this agreement.
NOW, THEREFORE, in consideration of the premises and covenants set forth herein,
and other valuable considerations in hand, received this date, each party from the other, which is
hereby acknowledged, the parties hereto agree as follows:
1. The term of this Agreement shall be effective from October 1, 2005 through
September 30, 2010. This Agreement may be amended as to its terms and
conditions at any time by mutual consent of both parties, through a writing
executed with the same fonnalities as this Agreement by both parties.
2. The DISTRICT agrees to furnish fire protection and rescue services to a portion
of the Collier County Fire Control District. The fire department responses as
described in Exhibit "A" shall be deemed to establish the closest station response
to calls for service in the Collier County Fire Control District. The DISTRICT
shall furnish said fire protection and rescue services within a primary zone of
coverage within the Collier County Fire Control District, as well as in other zones
Agenda Item No. 16F13
September 13, 2005
Page 7 of 8
of the Collier County Fire Control District, as required by procedure or upon the
request of the COUNTY or other Collier County Fire Control District contract
providers. The Fire Chief of the DISTRICT shall, in conjunction with the
Director of Collier County Bureau of Emergency Services and the other agency
Fire Chiefs servicing the Collier County Fire Control District, forward to the
COUNTY a map indicating and confirming each agency's primary and secondary
response zone within the Collier County Fire Control District. Said services shall
be provided in the same manner, level and priority as the fire protection and
rescue services furnished within the regular DISTRICT, taking into consideration
the time, distance and resource limitations of the DISTRICT.
3. The COUNTY agrees to pay the DISTRICT for services rendered to a portion of
the Collier County Fire Control District pursuant to the requirements of paragraph
2, above, from taxes collected during each fiscal year of the Agreement. Payment
shall be calculated from the latest tax assessment rolls available on May 1 st of
each at an assessed rate of2.0 mills for the duration of the Agreement. Available
tax revenue is the total amount of taxes available for fire and rescue protection
services after costs of collection have been deducted. Payment is to be paid on a
quarterly basis on January 1, April 1, July 1, and September 1. Revenue and
payment will be based on the following formula:
Total ad Valorem revenue for Collier County Fire Control
District, less collection fees and administrative costs. The
remaining balance is to then be divided in half, with the first
half being split four ways between the East Naples Fire Control
and Rescue District, the Ochopee Fire Control District, the
Golden Gate Fire Control and Rescue District and the Isles of
Capri Municipal Rescue and Fire Services Taxing District.
The second half would then be split using the following
percentages: 12.01% to the Isles of Capri Municipal Rescue
and Fire Services Taxing District, with the East Naples Fire
Control and Rescue District, the Ochopee Fire Control District
and the Golden Gate Fire Control and Rescue District each
receiving 29.33%.
4. Both parties to this Agreement hereby agree to cooperate and participate in
mutual programs and projects in the interest of fire and rescue protection within
the County of Collier, and with the Fire Marshall of the State of Florida.
5. At any time during this Agreement, in the event of non-performance of the
obligations arising under this Agreement by either party, the other shall provide
written notice of the specific grounds of such a claim to the chief administrator of
2
Agenda Item No. 16F13
September 13, 2005
Page 8 of 8
the non-performing party. The party receiving such a notice shall then have
fifteen (15) days in which to respond to and remedy the claim of non-
performance. In the event that the non-performance is not remedied within the
IS-day period, the party claiming the non-performance shall have the right to
terminate this Agreement.
6. All Service Agreements and amendments thereto, between the COUNTY and the
DISTRICT relating to the area previously termed the Collier County Fire Control
District are hereby rescinded and superseded.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first
above written.
EAST NAPLES FIRE CONTROL AND
RESCUE DISTRICT, an Independent
---;j, . ()\. 0 K..-lJ Special r~~k Florida
(" ~4~~ \!Y. ~
, ,C~
Witness:
BOARD OF COMMISSIONERS,
COLLIER COUNTY, FLORIDA
By:
Fred W. Coyle, Chairman
ATTEST: Dwight E. Brock, Clerk
Deputy Clerk
orm and Legal Sufficiency
~
, Assist. County Attorney
3
Agenda Item No. 16F14
September 13, 2005
Page 1 of 6
"".....-....
EXEcUTfVES~Y
Recommendation to approve and execute a License Agreement with Wal-Mart Stores, Inc.
for County employee parking.
OBJECTIVE: To provide more convenient public parking during construction of the second
government center parking garage.
CONSIDERATIONS: In an effort to better accommodate 1he parking needs of the general public at the
government center, staff has been investigating altemative solutions for providing additional parking.
Wal-Mart Stores, Inc. has most generously offered the County the use of 71 parking spaces at its store
located immediately south of the government center. These spaces will be used by County employees,
only, thereby freeing up additional parking spaces for the public. Exhibit ."A" to the attached License
Agreement shows the 71 spaces. The License will commence on October 1, 2005 and run through
December 31, 2006. The rental amount for the full term of the License is $1.
The attached License Agreement has been reviewed and approved by the County Attorney's Office and
Risk Management Department.
FISCAL IMPACT: The $1 rental amount will be paid from Facilities Management County-Wide CIP
Fund (301).
GROWTH MANAGEMENT IMP ACT: There is no impact to the Collier County Growth
.-. Management Plan.
RECOMMENDATION: That the Board of County Commissioners approve the attached License
Agreement and authorize Chairman Coyle to execute the Agreement on behalf of the Board of County
Commissioners.
PREPARED BY: Charles E. Carrington, Jr., SRfW A, Real Estate Services Manager
Facilities Managemen~ Department
~
-
Agenda It8m No. 16F14
September 13, 2005
Page 2 of 6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
item Summary:
16F14
Meeting Om:
Recommendation to approve and elC8cute a License Agreement with Wal-Mart Stores, Inc.
for County employee parking.
9/13/20015 9:00:00 AM
Approved By
Skip Camp, C.F.M
Facitruea Management Director
0...
Administrative Servicea
Facilities Management
81512005 3:15 PM
Approved B)o'
Len Golden Price
Administrative Services Administrator
Date
Administrative Service.
Administrative Services Admin.
812412005 8:.46 AM
Approved By
OM8 Coordinator
Admjnistrativ~ Assi,tant
Dol.
County Manager's Office
Office of Man.agemeot & Budget
812412005 11;06 AM
Approved By
Michael smykowskl
Management & Budget Director
Date
County Mllnager's Office
Office 0' Management & Budget
8/251200510:56 AM
Approved By
James V. Mudd
Board of County
Commissioners
County M~nager
Dol.
County Manllger's Office
8126/200511:57 AM
..
Agenda Item No. 16F14
September 13, 2005
Page 3 of 6
#1119 Naples, Florida
LICENSE AGREEMENT
THIS LICENSE AGREEMENT ("Agreement"), made and entered into this _ day of
2005, by and between WAL-MART STORES, Inc. of 702 S.W. 8111 Street with offices at 2001 S.E. 10th Street,
BentonvilIe, Arkansas 72716-0550, Attn: Realty Management Dept. #44-9384 (collectively, "Licensor"); and
Collier County ("Licensee"), with an address of, 3301 East Tamiami Trail, Naples, Florida 34112.
WITNESSETH
WHEREAS, Licensor is the owner of/holds a leasehold interest in that property known as Wal-Mart Store
#1119, located at Naples, Florida ("Premises"), and
WHEREAS. Licensee under this Agreement proposes to utilize parking spaces at the facility known as
Wal-Mart Store #1119 ("License Area"), as depicted on Exhibit A; and
WHEREAS, Licensor and Licensee now desire to enter into an agreement whereby such business shall be
conducted by Licensee at the License Area, under such terms and conditions as are hereinafter more particularly set
forth.
NOW THEREFORE, in consideration of the mutual promises herein contained, the parties hereto do agree
as follows:
1. The Licensee is given permission to occupy the License Area for the purpose of non-exclusive use of
seventy one (71) parking spaces for the parking of passenger vehicles, (the "Permitted Use") on the License
Area and for no other reason. Should the License Area be used for another purpose, Licensor may revoke
and terminate this Agreement immediately, and Licensee shall vacate and surrender the License Area to
Licensor immediately upon notification. Licensee shall secure at its sole cost and expense from all the
appropriate authorities, all licenses and/or permits necessary to conduct the permitted use on the License
Area. Licensee agrees hereby to comply with all applicable laws, rules, codes andlor other regulation
governing such operation; obtain any and all necessary consents or approvals, and to display same as
required by any law, rule, code, or regulations of any administrative or regulatory body, city, county, state,
or federal agency, or other such body. Any fee, fine, cost, levy, or other such charge resulting from the
failure of Licensee to obtain and/or display any such item shall be the sole responsibility of Licensee.
Failure to pay any such charge shall be a default under this Agreement. If such charge remains unpaid for a
period of ten (10) days then Licensor may terminate this Agreement. Licensor makes no representation as
to the availability of permits, and Licensor shall have no liability to Licensee in the event Licensee is unable
for any reason to obtain permits. Further, in the event Licensee is unable for any reason to obtain all
licenses and/or permits necessary to operate on the License Area, Licensor can revoke and terminate this
Agreement immediately, and Licensee shall vacate the License Area immediately upon notification.
2. The term of the Agreement shall begin on October I, 2005 and end on December 31. 2006 ("Term").
3. In consideration of the privilege granted and conceded by the Licensor, Licensee shall pay as rent to
Licensor the sum of $1.00, payable in advance, upon execution and delivery hereof. All checks and
correspondence to be sent to: Bank of America, Lockbox Area-4th Floor, P.O. Box 500620, 800 Market
Street. St. Louis. MO 63101.
4. Licensee shall pay during the Term hereof all electrical, water, gas, telephone, and other public or private
utility charges in connection with its occupancy and use of the License Area, including all costs of operating
and maintaining all equipment therein, all business licenses, and similar permit fees. Effective through the
end of the Term, Licensee shall pay directly to the applicable public utilities the cost of all utility services
furnished to the License Area. Licensee shall deliver to Licensor, within 10 days of written request.
evidence that the utility companies have been notified to bill Licensee directly for all services to the License
Area. In the event Licensor receives any invoices for utilities for the period during which Licensee
occupied the License Area. Licensee shall remit payment to the appropriate utility after receiving a copy of
the bill from Licensor. In the event Licensee fails to make payment Licensor shall be entitled to remit
Agenda Item No. 16F14
September 13.,~005
Page"tt of 6
payment on behalf of Licensor. Licensee shall thereafter reimburse Licensor for the amount of the utility
bill plus ten (10%) of the total to reimburse Licensor for its administrative expense.
5. Licensee hereby agrees and covenants that the License Area will be kept clean at all times, free of any trash
or debris. If Licensee shall fail to maintain the License Area in a clean manner, Licensor shall have the
right to clean the License Area after five (5) days written notice to Licensee. Licensor shall then be
permitted to invoice Licensee for all costs incurred and to add a 15% administrative fee to such costs.
Licensee shall pay such invoice within five (5) days of its receipt or this Agreement shall immediately
terminate, and Licensee shall vacate and surrender the License Area to Licensor.
6. Licensee hereby agrees and covenants that said Permitted Use will not create excessive noise; and in the
. event that complaints arise due to excessive noise, then Licensee shall eliminate the source thereof. If
Licensee fails to cure within twenty-four (24) hours of notification, Licensor can revoke and terminate this
Agreement immediately, and Licensee shall vacate and surrender the License Area to Licensor immediately
upon notification.
7. . Licensee hereby agrees and covenants that nothing shall penetrate the roof, the sides of the building, or the
surface of the parking lot at the License Area. Should a tent or tents be necessary for display or to conduct
business, the tent or tents shall be freestanding and shall be located in an area which Licensor designates.
Should damage occur to the License Area due to the use of stakes, hanging of a sign or signs, or other
means, Licensor shall be permitted to invoice Licensee for all costs incurred to repair such damage and to
add a 15% administrative fee to such costs. Licensee shall pay such invoice within five (5) days of its
receipt or this Agreement shall immediately terminate and Licensee shall vacate and surrender the License
Area to Licensor immediately upon notification. Licensor reserves the right to pursue any legal remedies or
alternatives to collect any outstanding reimbursements related to this Agreement.
8. Licensee hereby agrees and covenants that all items ("Property") placed in or on the License Area by
Licensee, its employees, agents, or invitees of Licensee, or any occupant of the License Area, will be
removed from the License Area as soon as practicable following termination of this Agreement, but in no
event later than five (5) days following tennination of this Agreement. If Licensee fails to remove the
Property within the five day period, Licensor shall have the right to remove the Property from the License
Area. Such Property shall become the sole and personal property of Licensor, and Licensor may dispose of
it at its discretion.
9. Upon termination of the Agreement, Licensee shall leave the License Area broom clean in the same
condition as at the commencement of the tenn hereof, reasonable wear and tear excepted. Licensee further
agrees and covenants that it will remove all property and clean the License Area (including sweeping of its
area of the parking lot) at Licensee's sole expense, and Licensor shall not be required to do any work
whatsoever. Licensee will contact Manager ofWal-Mart Operating Store #1119, located at Naples, Florida,
for a walk-through and return of key, if applicable, upon vacating the License Area.
10. Licensee hereby agrees and covenants that Licensee at all times will indemnify and save, protect, defend
and hold harmless the Licensor and the Premises of, from, and against any and all liability, cost, damage, or
expense, including reasonable attorney's fees and costs, and any fines whatsoever which may arise or be
claimed against the Licensor or the Premises by any person or persons for any loss, injury, damage, or death
of any person, or property whatsoever arising from or out of the business, operations, use, or occupancy of
the License Area by Licensee, the Licensee's agents, employees, or servants, or arising from or in
connection with any other act or omission of Licensee. Licensor understands and agrees that Licensee's
indemnification of Licensor above the insurance limits stated il1 Paragraph 12 is limited to the, greatest
extent allowed by Florida Law.
11. All Property belonging to Licensee, employees, agents, or invitees of Licensee, or any occupant of the
License Area, and on Licensor's Premises, shall be at the risk of Licensee or other person only, and
Licensor shall not be liable to damage thereto or theft or misappropriation thereof, provided, however, that
. should Licensee fail to remove such property, pursuant to Paragraph 8 above, such property shall be
disposed of by Licensor without obligation to Licensee.
C:\Doc:wn::nlS and Settings'<:amngton_clLocaJ Settings\Temporary IntemetFiles\OLK207\#1119 Naples R.. License Agreement.doc
8/112OOS
Agenda Item No. 16F14
September 13~2005
Page~ of 6
12. Licensee will carry and keep in force, at its own expense, Comprehensive General Liability insurance with
companies licensed to do business in this State, in an amount not less than $2,000,000 single limited
personal injury and property damage and $1,000.000 Worker's Compensation Insurance. All policies of
insurance shall be considered primary of any existing, similar insurance carried by Licensor. Licensee shall
furnish Licensor with a Certificate of Insurance showing Licensor as additional insured. To the maximum
extent permitted by insurance policies that may be owned by Licensor or Licensee, Licensee or Licensor
and their respective insured, for the benefit of each other, waive any and all rights of subrogation that might
otherwise exist.
13. Licensor hereby reserves the right during the Term hereof, for itself or its duly authorized agents or
representatives, to enter upon the License Area for the purpose of inspecting the same, showing the same to
any prospective purchaser, tenant or sub-tenant, or for any purpose for which Licensor may be required to
go on the Premises under this Agreement. Licensor shall also be permitted to have signage placed on the
Premises for marketing and/or advertising purposes.
14. Solicitation and/or distribution of literature is prohibited at all times in any area of the store building.
Solicitation and lor distribution of literature is permitted outside the building provided the solicitation and
distribution of literature does not unduly harass Wal-Mart's Associates or Customers and does not impede
the free flow of traffic. Wal-Mart shall have the sole right to determine what constitutes undue harassment
of its Associates and Customers, and Wal-Mart shall have sole right to determine whether the solicitation
and lor distribution of literature impedes the free flow of traffic. No sign, poster, placard, display, handbill
or written material shall contain or depict "fighting words", obscenities, pornography, gross or gruesome
displays, highly inflammatory slogans likely to provoke a disturbance or racial or ethnic slurs. Wal-Mart
shall have the right to revoke this license should Licensee breach any covenant contained in this paragraph.
Licensee shall be required to sign two (2) copies of the Solicitation and Distribution of Literature Rules.
Solicitation is defined as requesting or seeking, in writing or orally, donations, help or the like for any
cause. Distribution of literature is defined as the act or process of giving out or delivering leaflets.
pamphlets, or other written material.
15. Notwithstanding anything contained herein to the contrary, Licensor may revoke and terminate this License
Agreement for any reason with thirty (30) days written notice to the other by Certified Mail, Federal
Express, or overnight delivery, and Licensee shall vacate and surrender the License Area to Licensor
immediately with each party having all rights as if this Agreement has expired.
IN WITNESS WHEREOF, the respective parties hereto have caused this Agreement to be duly executed
as of the date first herein written.
LICENSEE: COLLIER COUNTY
LICENSOR
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
W AL-MART STORES, INC
BY:
BY:
Fred W. Coyle
ITS:
Chairman
ITS:
DA TED:
ATTEST:
DWIGHT E. BROCK, Clerk
Approved as to form and legal sufficiency:
By ---1J1N\ r1'~
Thomas C. Palmer
By:
Deputy Clerk
Assistant County Attorney
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EXECUTIVE SUMMARY
Agenda Item No. 16F15
September 13, 2005
Page 1 of 14
Recommendation to approve a Debt Management Policy for Collier County Government
OBJECTIVE: That the Board of County Commissioners adopt a debt management policy for Collier
County Government.
CONSIDERATIONS: All debt proposed to be issued by Collier County Government is reviewed
internally by the Finance Committee consisting of the following five voting members: the OMB
Director, the Clerk of Courts General Accounting Manager, the Senior Budget and Management Analyst
responsible for capital projects in OMB, the Public Utilities Director of Fiscal Operations, and the
Director of Utility Billing and Customer Service. The County's Financial Advisor is also an active
participant in all Finance Committee discussions.
Basic principles/policies associated with debt issuance are included in the budget policy guidelines
adopted annually by the Board of County Commissioners. Additionally, the Collier County Growth
Management Plan has a policy limiting general government debt to 13% of bondable revenues.
Given that Collier County is issuing and contemplating additional debt to finance infrastructure
improvements, a more formalized debt management policy is desired. This will also provide bond
insurers and credit rating agencies with additional knowledge of Collier County practices relating to debt
issuance. Several guiding principles have been identified that provide the framework within which the
issuance, management, continuing evaluation of and reporting on all debt obligations issued by Collier
County takes place.
-
The Finance Committee, in conjunction with the Collier County Financial Advisor, developed the
attached policies relative to debt issuance. The major sections of the debt policy address the following
topics: purposes and uses of debt, creditworthiness, debt structure, debt administration, long-term debt,
financing team, and short-term debt and interim financing.
FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary.
GROWTH MANAGEMENT IMP ACT: Adoption of this policy affirms the long-standing policy in
the Collier County Growth Management Plan that general government debt service will not exceed 13%
of bondable revenues considered to include all governmental revenues such as ad valorem taxes,
including the Communications Services Tax and state shared revenues (sales tax and gas taxes). As of
the close ofFY 2004, general government debt was only 8.29% of bondable revenues as defined above.
RECOMMENDATION: That the Board of County Commissioners:
1) Approve the attached debt management policy.
Prepared by: Michael Smykowski, OMB Director
.-'
Agenda Item No. 16F15
September 13, 2005
Paqe 2 of 14
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number.
16F15
Item Summary:
That the Board of County Commissioners adopt a debt management policy lor Collier County
Government
Meeting Date:
9/11/2005 9:00:00 AM
Approved By
OMB Coordin.:nor
Administrative A$lsistant
Date
County Manager's Office
Office of Managermmt & Budget
916120051:12 PM
Approved By
Michael Smykowski
Man"gement & Budget Dire<;tor
D,te
County Manager's Office
Office of Management & Bud~t
9/6120052:06 PM
Apprond B~'
James Y. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's OffIce
916/20054:47 PM
Agenda Item No. 16F15
September 13, 2005
Page 3 of 14
Collier County
Debt Management Policy
The objective of this Debt Management Policy is to provide ongomg guidance to the
Administration and Clerk of the Circuit Court of Collier County ("County") as to the Board of
County Commissioners' ("Board") desires with respect to management of the County's debt.
Upon adoption, the Debt Management Policy will determine in most cases the action required by
staff in the administration of debt and define limits upon other actions that require specific
approval of the Board.
The County issues debt under several types of security. The general obligation credit is secured
by the County's ability to levy ad valorem taxes on real and personal property within the County.
The limited ad valorem tax pledge is created by voter referendum setting the millage for and
purpose of the issuance of debt. Assessment bonds are secured by special assessment upon the
property owners benefiting from specific improvements to their community. Revenue bonds are
secured by dedicated revenue streams arising from sales taxes, special taxes and charges for
services, such as water, sewer and solid waste collection and disposal.
Several guiding principles have been identified that provide the framework within which the
issuance, management, continuing evaluation of and reporting on all debt obligations issued by
Collier County takes place. These principles are incorporated in the current process and it is
intended that they be incorporated into the formal policy document as follows:
PURPOSES AND USES OF DEBT
Asset Life The County will consider long-term financing for the acquisition, maintenance,
replacement, or expansion of physical assets (including land) only if they have a useful life of at
least five years. Debt will be used only to finance capital projects and equipment, except in case
of emergency. County debt will generally not be issued for periods exceeding the useful life or
average useful lives ofthe project or projects to be financed.
Agenda Item No. 16F15
September 13, 2005
Page 4 of 14
CaDital FinancinJ! Debt oflonger amortization periods will be issued for capital projects when it
is an appropriate means to achieve a fair allocation of costs between current and future
beneficiaries. Debt shall not, in general, be used for projects solely because insufficient funds
are budgeted at the time of acquisition or construction.
To the degree possible, the County will rely on. specifically generated funds and/or grants and
contributions from other governments to finance its capital needs on a pay as you go basis. To
achieve this it may become necessary to secure short term (not exceeding 5 years amortization)
construction funding. Such financing is anticipated and allows maximum flexibility in CIP
implementation.
Debt Guarantees The County may consider, on case-by-case basis, the use of its debt capacity
for legally allowable capital projects by public development authorities or other special purpose
units of government.
CREDITWORTHINESS
Credit RatinJ!s Collier County seeks to maintain the highest possible credit ratings for all
. categories of short- and long-term debt that can be achieved without compromising delivery of
basic County services and achievement of adopted County policy objectives.
Financial Disclosure The County is committed to full and complete financial disclosure, and to
cooperating fully with rating agencies, institutional and individual investors, County Operating
Departments and agencies, other levels of government, and the general public to share clear,
comprehensive, and accurate financial and other relevant information. The County is committed
to meeting secondary disclosure requirements on a timely and comprehensive basis. The Clerk of
the Circuit Court's Finance Department is responsible for ongoing disclosure to established
national information repositories and for maintaining compliance with disclosure standards
promulgated by state and national regulatory bodies, and may carry out such responsibility
through the engagement of an outside dissemination agent.
Agenda Item No. 16F15
September 13, 2005
Page 5 of 14
CaDital Plannin~ To enhance creditworthiness and prudent financial management, Collier
County is committed to systematic capital planning, intergovernmental cooperation and
coordination, and long-term financial planning. Evidence of this commitment to systematic
capital planning is demonstrated through adoption and periodic adjustment of a Comprehensive
Plan pursuant to Chapter 163, Florida Statutes, the Florida Growth Management Act and Rule 9
J 5, and the adoption of the five year Capital Improvement Plan (CIP).
Debt Limits The County will keep outstanding debt within the limits prescribed by State statute
and County policy and at levels consistent with its creditworthiness, best practices, needs and
affordability objectives.
Debt Service Ratio A policy regarding the issuance of debt was adopted in the Growth
Management Plan. According to that policy total general government debt service will not
exceed 13 percent of bondable revenues considered to include all governmental revenues such as
ad valorem taxes including Communication Services Tax and state-shared revenues, specifically
gas taxes, state revenue sharing, and the half-cent sales tax.
Formula
Sum of (Ad Valorem Revenues plus Communication Service Tax plus Gas Tax Revenues
plus Half-C~nt Sales Tax plus State Revenue Sharing Revenues) divided by Fiscal Year
Debt Service
Voter ADDro'Ved Debt General Obligation and Limited Ad Valorem debt is voter-approved. A
determination should be made before presenting issues to voters that the County's general credit
will not be impaired by issues of the proposed debt. The credit evaluation will consider debt to
assessed value of taxable property, debt per capita, per capita debt to per capita income,
percentage of debt repaid within ten years, debt service expense to total general governmental
expenditures and other such ratios considered by credit rating agencies and bond insurers.
Agenda Item No. 16F15
September 13, 2005
Page 6 of 14
Debt Service CoveraJle The creditworthiness of revenue-backed debt, whether tax revenues or
utility revenues, is generally measured by debt service coverage, that is, the number of times the
pledged revenue stream covers the maximum annual debt service. Acceptable coverage levels
vary from one type of credit to another and from time to time. Prior to issuance of revenue-
backed debt, an evaluation of projected coverage will be made to determine that the credit rating
of the debt will not be impaired by the proposed issuance or foreseeable future debt issuances.
DEBT STRUCTURE
Len1!th of Debt" Debt will be structured for the shortest amortization period consistent with a fair
allocation of costs to current and future beneficiaries or users. The average life of debt will not
exceed the average life of assets acquired.
Debt Structure Debt will be structured to achieve the lowest possible net cost to the County
given market conditions, the urgency of the capital project, and the nature and type of security
provided. Moreover, to the extent possible, the County will design the repayment of its overall
debt so as to recapture rapidly its credit capacity for future use.
BackloadinJ! The County will normally seek to structure debt with level principal and interest
costs over the life of the debt. "Backloading" of costs will be considered when natural disasters
or extraordinary or unanticipated external factors make the short-term cost of the debt
prohibitive, when the benefits derived from the debt issuance can clearly be demonstrated to be
greater in the future than in the present, when such structuring is beneficial to the County's
overall amortization schedule, or when such structuring will allow debt service to more closely
match project revenues during the early years of the project's operation.
Subordinate Debt The County may issue subordinate debt only if it is financially beneficial to
the County or consistent with creditworthiness objectives.
Agenda Item No. 16F15
September 13, 2005
Page 7 of 14
Refundin1!s The County's staff and advisors will undertake periodic reviews of all outstanding
debt to determine refunding opportunities. Refunding will be considered (within federal tax law
constraints) if and when there is a net economic benefit of the refunding or the refunding is
essential in order to modernize covenants essential to operations and management.
In general, advance refundings for economic savings will be undertaken when a net present value
savings of at least five percent of the refunded debt can be achieved. For an advance refunding,
the five percent threshold is a reasonable assumption to assure the use of the one allowable
advance refunding is profitable. Five percent savings is often considered a benchmark but any
advance refundings that produce a smaller net present value saving may be considered on a
case-by-case basis.
Current refundings that produce a net present value saving of less than five percent will be
considered on a case-by-case basis. Refundings with negative savings will not be considered
unless there is a compelling public policy or legal objective.
Credit Enhancements Credit enhancement, such as letters of credit and bond insurance, will be
secured when net debt service on the bonds is reduced by more than the costs of the
enhancement.
Derivatives The use of derivatives, such as interest rate swaps, options to execute swaps, fOlward
transactions and other hedging mechanisms may be appropriate when they achieve a specific
financial objective consistent with overall financial policy and related risks are analyzed are
understood and are considered reasonable in the circumstances. Either knowledgeable County
staff, or the County's Financial Advisor, shall prepare an analysis of any proposed derivative
transaction delineating how the derivative fits within the overall debt management program,
what type of derivative being employed and the mechanics of the transaction. The analysis will
identify and evaluate all relevant risks of the transaction.
This section does not endorse the use of derivatives for investment purposes as stated in the
Collier County Investment policy, which specifically prohibits the use of any derivative
instrument for investment purposes.
Agenda Item No. 16F15
September 13, 2005
Page 8 of 14
DEBT ADMINISTRATION
Finance Committee As part of the debt management process, the Finance Committee ("FC")
currently operates to review and make recommendations regarding the issuance of debt
obligations and the management of outstanding debt. The FC currently consists of
representatives of the Budget Department, Clerk of the Circuit Court and other County Manager
Agency representatives as designated by the County Manager. Others participating in the Fe's
efforts to provide technical expertise and advice include representatives from firms serving as the
County's Financial Advisor, Disclosure Counsel and Bond Counsel. Consultants participate
upon the FC's request.
The FC considers all outstanding and proposed debt obligations, and develops recommended
action on issues affecting or relating to the creditworthiness, security and repayment of such debt
obligations, including but not limited to procurement of services; structure, repayment terms and
covenants of the proposed debt obligation; and issues which may affect the security of the bonds
and primary and secondary market disclosure to bondholders.
Annual Debt Reoort The FC will be responsible for preparing and releasing an Annual Debt
Report to the Board. Such report shall pertain to the prior Fiscal Year, and may include the
following elements: (1) calculations of the appropriate ratios and measurements necessary to
evaluate the County's credit, and that of its various Enterprise Systems, as compared with
acceptable municipal standards; (2) information related to any significant events affecting
outstanding Debt, including conduit debt obligations; (3) an evaluation of savings related to any
refinancing activity; (4) a summary of any changes in Federal or State laws affecting the
County's debt program; and (5) a summary statement by the FC as to the overall status of the
County's debt obligations and debt management activities.
Agenda Item No. 16F15
September 13, 2005
Page 9 of 14
Report to Bondholders The County, through the Clerk of the Circuit Court's Finance
Department, shall prepare and release to all interested parties the Comprehensive Annual
Financial Report ("CAFR") which will act as the ongoing disclosure document required under
the Continuing Disclosure Rules promulgated by the Securities Exchange Commission [SEC
Rule 15c2-12(b)(5)]. This report shall contain general and demographic information on Collier
County, and a discussion of General Government activities, the Water and Wastewater System,
Solid Waste System and any additional systems that may subsequently be established by the
County.
The information presented on General Government and on each Enterprise System shall comply
with the disclosure obligations set forth in the Continuing Disclosure Certificates issued in
connection with its debt obligations, and may include information on the following: service
areas, rates and charges, financial statement excerpts, outstanding and proposed debt, a summary
of certain bond resolution provisions, a management discussion of operations, and such other
information as the County shall deem to be important. The report shall also include selected
Notes to the Financial Statements and, to the extent available, information on conduit debt
obligations issued by the County on behalf of another entity.
Investment of Bond and Note Proceeds All proceeds of debt incurred by the County, other than
conduit debt obligations, are invested as part of the County's consolidated cash pool unless
otherwise specified by the bond covenants. Investments are consistent with those authorized by
existing County and State law and by the County's investment policies.
Costs and Fees All costs and fees related to issuance of bonds, other than conduit bonds, are
paid out of bond proceeds or by the project lead Operating Department.
FinancinJ! Proposals Any capital financing proposal to a County Operating Department,
Agency, or Utility involving pledge or other extension of the County's credit through sale of
securities, execution of loans or leases (excluding State Revolving Fund loans), marketing
guarantees, or otherwise involving directly or indirectly the lending or pledging of the County's
credit, is referred to and reviewed by members of the FC.
Agenda Item No. 16F15
September 13, 2005
Page 10 of 14
Conduit Bond Finanein!! Periodically the County is approached with a request to provide
conduit bond financing for qualified projects through the Collier County Health Facilities
Autho"rity, Housing Authority or Industrial Development Authority. Applications for such issues
are processed pursuant to guidelines approved by the Board. The Financial Advisor, Bond
Counsel, and County Attorney staff, in coordination with the Health Facilities Authority and
Industrial Development Authority, will review all applications to provide a funding
recommendation to the Board.
LONG TERM DEBT
Bond and Note Sales After obtaining approval by the Board to incur debt, the requesting entity,
in conjunction with the FC, assists in the production of appropriate resolutions for consideration
by the Board. Before the sale of bonds or notes, the requesting Operating Department assists in
the development of a "Sources, Uses, and Payment" memo to the Director of Finance identifying
source and use of bond proceeds, Funds and/or Sub-Funds and/or account codes for deposit of all
Bbond Proceeds, and Funds and/or Sub-Accounts for payment of debt service. No bonds, notes
or other forms of indebtedness are incurred by the County without submission of a "Sources,
Uses, and Payments" memo to the Board by the Director of Finance and Budget Director.
Comoetitive Sale In general, County debt is issued through a competitive bidding process. Bids
are awarded on a True Interest Cost basis ("TIC"), provided other bidding requirements are
satisfied. In such instances where the County in a competitive bidding deems the bids received
unsatisfactory, it may, at the election of the Board, enter into negotiation for sale of the
securities.
Ne1!otiated Sale Negotiated sale of debt is considered when the complexity of the issue requires
specialized expertise, when the negotiated sale would result in substantial savings in time or
money, when market conditions are unusually volatile, when the County's credit is problematic
or when a negotiated sale is otherwise in the best interest of the County and authorized by a
resolution to that effect by the Board.
Agenda Item No. 16F15
September 13, 2005
Page 11 of 14
FINANCING TEAM
Selection Process The FC makes recommendations to the Board as to the selection of
underwriters, bond counsel, disclosure counsel and financial advisors. The Board makes all final
determinations. That determination is made following an independent review of responses to
requests for proposals (uRFPs") or requests for qualifications (uRFQs") by the County's
management as described below.
Underwriters For all competitive sales, underwriters are selected by their competitive bids on
bonds. For negotiated sales, underwriters are selected through an RFP process to appoint a pool
of underwriters for a term of up to five years. From that pool, senior managing underwriters for
individual financings are selected through a "mini-RFP" process, based on their qualifications to
manage the particular transaction under consideration. The FC will conduct the evaluation of
responses to RFPs and mini-RFPs.
Bond Counsel The County retains external bond counsel for all debt issues. All debt issued by
the County includes a written opinion by bond counsel affirming that the County is authorized to
issue the debt and determining the debt's federal income tax status. Bond counsel is engaged for
a term of up to five years through a competitive process approved by the Board and administered
by the County Attorney. The selection criteria include a requirement for comprehensive
municipal debt experience.
Disclosure Counsel The County retains external Disclosure Counsel for all public offerings.
Disclosure Counsel renders an opinion to the County (and a reliance letter to the underwriters if
requested) in connection with each such offering to the effect that, with certain conditions,
nothing came to their attention to indicate the offering document contains any untrue statement
or omits a material fact required to be included. Disclosure Counsel shall provide legal advice to
the County to assist it in meeting its secondary market disclosure obligations. Disclosure Counsel
is engaged in the same manner as Bond Counsel.
Agenda Item No. 16F15
September 13, 2005
Page 12 of 14
Underwriter's Counsel On negotiated public offerings, the senior managing underwriter may
select counsel, subject to approval by the County, to be compensated as an expense item to be
negotiated as part of the gross underwriting spread.
Financial Advisor The County retains a Financial Advisor, selected for a term of up to five
years, through an RFP process administered by the County's Office of Management and Budget.
Financial Advisors are required to have comprehensive municipal debt experience, including
diverse financial structuring and pricing of municipal securities. For each County bond sale the
Financial Advisor will assist the County in determining the optimum structure of the debt and
negotiating favorable pricing terms and managing the debt issuance process. In addition to
transactional tasks, the Financial Advisor will advise the County on strategic financial planning
matters and assist in management and operational evaluations and improvements where
appropriate and as directed by the County.
Pavinl! Al!ent The County may utilize a Paying Agent on all County indebtedness, except for
short-term commercial paper borrowings. The fees and expenses for servicing outstanding bonds
are paid from the appropriate debt service fund, unless specified otherwise by the County.
Other Service Providers The County may periodically select other service providers (e.g.,
escrow agents, verification agents, trustees, arbitrage consultants, etc.) as necessary to meet legal
requirements and minimize net County de.bt costs. These services can include debt restructuring
services and security or escrow purchases. The County may select finn(s) to provide such
fmancial services related to debt without a RFP or RFQ, consistent with County and State legal
requirements.
Arbitral!e Comoliance The Department of Finance maintains a system of record keeping and
reporting to meet the arbitrage rebate compliance requirements of the federal tax code. Arbitrage
rebate liabilities will be calculated and recorded in the County's financial statements annually by
an independent, qualified consultant. The County may select firm(s) to provide such financial
services related to debt without a RFP or RFQ, consistent with County and State legal
requirements.
Agenda Item No. 16F15
September 13, 2005
Page13of14
SHORT-TERM DEBT AND INTERIM FINANCING
Variable Rate Debt The County may choose to issue securities that pay a rate of interest that
varies according to pre-determined formula or results from a periodic remarketing of the
securities, consistent with state law and covenants of pre-existing bonds, and depending on
market conditions. The County will limit its outstanding bonds in variable rate form to
reasonable levels in relation to total debt and unhedged short-term investments, as determined by
an asset/liability management analysis.
Short Term Notes Use of short-term borrowing, such as bond anticipation notes and tax-exempt
commercial paper, will be undertaken only if the transaction costs plus interest of the debt are
less than the cost of internal financing, or available cash is insufficient to meet working capital
requirements.
State Revolvine Fund Proeram This program provides funds for projects involving water supply
and distribution facilities, stormwater control and treatment projects, air and water pollution
control, wastewater collection and processing and solid waste disposal facilities. Whenever
possible, this program will be utilized since the costs associated with issuing the state's bonds are
low and local agencies benefit from the strength of the state's credit.
Commercial Paper The County may choose to issue Commercial Paper as a source of interim
financing for projects contained in the County's approved Capital Improvement Plan if
determined by County staff and FC that this type of financing would be most cost effective. All
Commercial Paper issues shall be approved by the Board of County Commissioners.
Lines and Letters of Credit When directed by the FC, the County has the power to enter into
agreements with commercial banks or other financial entities for purposes of acquiring lines or
letters of credit that shall provide the County with access to credit under terms and conditions as
specified in such agreements. Before entering into any such agreements, it should be determined
what would be feasible by the County staff and approved by the Board of County
Commissioners.
Agenda Item No. 16F15
September 13, 2005
Page 14 of 14
Bank Loans The County may choose to issue Bank Loans for a term of not more than twenty
years to provide an alternative option to smaller financing needs that require a longer
amortization than interim financing options. Before issuing such notes it must be determined to
be feasible by the County staff and FC. Bank loan providers are selected through an RFP
process to appoint a Bank based on their qualifications to manage the particular transaction under
consideration and lowest interest cost to the County. The FC will conduct the evaluation of
responses to RFPs.
Bond Anticipation Notes The County may choose to issue Bond Anticipation Notes as a source
of interim construction fmancing. Before issuing such notes, takeout fmancing for such notes
must be planned for and determined to be feasible by the County staff and FC. Bond
Anticipation Notes may be sold in either a competitive or negotiated sale once approved by the
Board of County Commissioners.
Agenda Item No. 16F16
September 13, 2005
Page 1 of 3
EXECUTIVE SUMMARY
Recommendation to approve Modification #1 to Grant Agreement #0505-
2N-09-21-01-022 between Collier County and the Florida Department of
Community Affairs
OBJECTIVE: Board of County Commissioners approval of a Modification to the
Homeland Security Grant, Agreement #05DS-2N-09-2l-01-022 which extends the
expiration date and the deadline for final reimbursement requests.
-
CONSIDERATIONS: On July 27,2004, the Board of County Commissioners approved
an Agreement with the Florida Department of Community Affairs accepting $202,647 to
fund homeland security and emergency preparedness programs and initiatives. Due to
the very active 2004 hurricane season and the resulting weeks and months spent on
preparation and recovery efforts, most Florida counties (including Collier) are
experiencing difficulties in completing their grant projects within the Agreement's time
frame. Modification #1 extends the termination date from September 30, 2005 to
November 30, 2005 and the deadline to file the final reimbursement request to December
15, 2005. The Modification makes no other changes to the terms or provisions of the
original Agreement.
Modification #1 has been reviewed and approved for form and legal sufficiency by
Assistant County Attorney Thomas Palmer
FISCAL IMPACT: There is no Fiscal Impact associated with this Executive Summary.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact
associated with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners approve
Modification #1 to Grant Agreement 05DS-2N-09-21-01-022 extending the A&'Teement's
termination and final reimbursement dates.
PREP ARED BY: Darcy Waldron, Sr. Administrative Assistant
Department of Emergency Management
,-'
Aaenda ttem No 16r:16
" September 13, 2005
P~ge 2 ot 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
item Number:
Item Summary:
16F16
Recommendalion 10 approve Modification #1 to Homeland Secllrity Grant Agreement #05DS-
2N-09-21-01-022 between Collier County and the Flonda Department of Community Affairs.
(lime extension)
Meeting Date:
9/13,'20059:00:00 AM
Appro\o'cd B~!
Darcy Waldron
Senior Administrative Assistant
Dot.
County Manager's Office
Emergency Management
8/3012005 12:35 PM
Approved By
Marlene J. Foard
Grant6 Coordinator
Dote
Admmistrative Services
Administrative Services Admin
8130/20052:25 PM
Approved By
Dan E, Summers
Bureau of Emergency Services Director
Date
Co\mty Manager's Office
Bureau of Emergency Services
Bf301200S 2:50 PM
Approved By
OM8 Coordinator
Admrnistrative Ausistant
Date
County M"mager's Office
Office 01 Management & Budget
8/31120059:22 AM
Approved By
Michael Smykowski
Managefl'M.':nt & Budget Director
Oat.
County Manager's Office
OffIce of M..magernent & Budget
8131(200511:05 AM
Approved BJ'
James V. Mudd
County Mallager
Date
Board of County
Commissioners
County Manager's Office
8/3112005 3:29 PM
MODIFICATION #1 TO GRANT AGREEMENT
Agenda Item No. 16F16
September 13,2005
Page 3 of 3
This Modification is made and entered into by and between the State of Florida,
Department of Community Affairs, (''the Department"), and Collier County (''the Recipient") to
modify the Department's Contract Number 05DS-2N-09-21-01-022, dated August 27,2004 ("the
Agreement").
WHEREAS, the Department and the Recipient have entered into the Agreement,
pursuant to which the Department has provided a sub grant of $202,647 to Recipient; and
WHEREAS, the Agreement expires on September 30,2005; and
WHEREAS, the Department and the Recipient desire to modify the Agreement by
extending it.
NOW, THEREFORE, in consideration of the mutual promises of the parties contained
herein, the parties agree as follows:
1. Paragraph (3) of the Agreement is hereby deleted in its entirety, and the following
paragraph substituted in its place and stead for all intents and purposes:
This Agreement shall begin July 1,2004 and shall end November 30,2005, unless
terminated earlier in accordance with the provisions of paragraphs (9) of this Agreement. Final
requests for reimbursement should be submitted no later than fifteen (15) days after the
termination date of the contract. Any requests received after December 15,2005 may, in the
discretion of the Department, not be reimbursed from this Agreement.
2. All provisions not in conflict with this Modification remain in full force and
effect, and are to be performed at the level specified in the Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this document as of the dates
set out herein.
RECIPIENT: COLLIER COUNTY, FLORIDA
By:
Fred W. Coyle, Chairman
Date:
ATTEST: Dwight E. Brock, Clerk
Deputy Clerk
Approved as to Form and Legal Sufficiency
~Y'^ 9~
Thomas Palmer, ASSIStant County Attorney
By:
STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
By:
Name & Title: W. Craig Fugate. Director of the Division of Emergency Management
Date:
Agenda Item No. 16G1
September 13, 2005
Page 1 of 3
EXECUTIVE SUMMARY
Recommendation that the Collier County Community Redevelopment Agency approve
award of contract 05-3801 "Consulting Services for Preparation of a Revised Immokalee
Area Master Plan and Rural LDC (Land Development Code)"
(Companion to Board of County Commissioners' approval of contract under 16 A)
OBJECTIVE: To have the Collier County Community Redevelopment Agency (CRA) contract
for consultant services with the RMPK Group, for the purpose of preparing revisions to the
Immokalee Area Master Plan and developing a new zoning overlay for the Immokalee Urban
area, in the amount of $228,320.00 (the BCC is also required to approve this contract).
CONSIDERA TIONS: In 2003, as part of the preparation of the Evaluation and Appraisal
Report, the Board of County Commissioners (BCC) authorized Comprehensive Planning staff to
work with an advisory committee to prepare revisions to the Immokalee Area Master Plan
(lAMP). The appointed committee, during the performance of its tasks, determined that a longer
and more intense restudy of the lAMP would be necessary. Consequently, a new committee, the
Immokalee Master Plan and Visioning Committee (IMPVC), was established by the BCC to
assist County staff with the monitoring and implementation of the Immokalee Area Master Plan
through the 2007 Growth Management Plan (GMP) amendment cycle.
,- In 2004, the IMPVC concluded that revisions to the lAMP and a new zoning overlay would be
needed in order to achieve a unified vision for the Immokalee Urban area. Because of the scale
of the project, they decided that it would be necessary to contract the services of a private
consultant; however, they did not have the financial resources to fund the work. As a result, they
approached the Immokalee Local Redevelopment Advisory Board (Advisory Board) to
determine if the Community Redevelopment Agency would be amenable to funding such a
project for the Immokalee community. The Advisory Board confirmed that it would recommend
funding the project, and a request for proposals (RFP) was issued on February 14, 2005. Notices
were sent to 173 firms, and 27 firms requested the full RFP package. Three firms responded
with proposals. On April 7, 2005, the Selection Committee (comprised of three members from
the IMPVC, three members from the Advisory Board, and the staff liaisons from each
committee) by consensus selected the RMPK Group as the preferred consultant for the project
following presentations by the three firms who had submitted proposals.
In May of 2005, the Advisory Board made a recommendation to the CRA to approve
expenditures of up to $300,000 in FY05 Budget tax increment financing (TIF) funds for
consultant services with the RMPK Group. On June 14, 2005, the CRA recommended that the
BCC approve the referenced expenditures to finance the project, which the BCC did so approve.
The tasks and deliverables associated with preparing revisions to the lAMP and developing a
new zoning overlay for the Immokalee Urban area are specifically provided for in the contract.
-
-
Agenda Item No. 1681
September 13, 2005
Page 2 of 3
FISCAL IMPACT: CRA redevelopment efforts are partially funded through Tax Increment
Financing (TIF) revenue. Revenue for this CRA is generated from a rate applied against the
captured assessed value increment. This assessed value increment is the difference between the
base assessed valuation within the Redevelopment Area (established in 1999) and the new higher
assessed valuation. Generally, it is anticipated that the assessed value increment will increase
each year during the Redevelopment District's life, providing for moderate tax revenue increases
used to finance redevelopment initiatives. The BCC approved the recommendation of the CRA
to expend up to $300,000 in budgeted FY 2005 CRA funds (Fund 186-138324-634999) to
finance this project. Approval of this contract will leave a balance of $35,700 in Fund 186
Reserves.
CONSISTENCY WITH ADOPTED REDEVELOPMENT PLAN:
A revised Immokalee Area Master Plan (lAMP) and the creation of a new zoning overlay for the
Immokalee Urban area will implement the County's Redevelopment Plan. According to Section
4.4 of the Redevelopment Plan (Community Objectives), economic development is emphasized
in the area in order to support and encourage entrepreneurial business development and retention,
and increase small business start-ups and expansions.
GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of the
Growth Management Plan states that redevelopment plans may be developed for specific areas
within the County, and may consider alternative land use plans, modifications to development
standards, and incentives to encourage redevelopment.
LEGAL CONSIDERATIONS: The recommended action is consistent with all applicable
constitutional and general law, and complies with adopted County regulations, and thus, is
legally sufficient for consideration and approval.
RECOMMENDATION: That the Collier County Redevelopment Agency approve the contract
for consultant services with the RMPK Group in the amount of $228,320.00, forward a
recommendation of approval of the contract to the Board of County Commissioners, and
authorize the CRA Chairman to sign the standard County Attorney approved contract.
Prepared by: Michele R. Mosca, AICP, Principal Planner, Comprehensive Planning Dept.
Item Number:
Item Summary:
Meeting Date:
Agenda Item No 16G 1
September 13, 2005
Page 30f 3
COLLIER COlJNTY
BOARD OF COUNTY COMMISSIONERS
16G1
Recommendation IhHt the Collier County Community Redevelopment Agency approve Award
of contract 05. 3801 Consulting Services for Prepflrfltion of a Revised Immokalee Area
Master Plan and RurallDC (land Development Code) (Companion to Board 01 County
Comnllssioners appl oval of contract under 16 A 35)
9/13/20059:00:00 AM
PrincIpal Planner, AICP
O..e
Prepared By
Michele R. Mosca, AICP
Community De'lo'elopmant &
EnVIronmental Services
Zoning & Land Development RevIew
8123/200511:55:49 AM
Dot.
Aprroved 8~:
Sandra Lea Executive Secretary
8/23/20053:43 PM
Approved B}'
Community Development & Community Development &
EnYlrOnmentnl Ser\Jlceli EnvIronmental SerO'ices Admin
Date
Constnnce A. Johnson Operations Analyst
AI)pro\'cd By
Community Development & Community Dcvclopl'JlCnt &
EnYironmental ServIces Environmental Service5- Admin
6/23/2005 4:06 PM
Kelsey Ward
Date
Admini51rati'lo'e Services
Senior Purchasing nod Contracts Agent
Purchasing
8l26/20~ 9:08 AM
Appro\'cd By
Steve Carnell
Administrative Services
Purch<1Singl('~neral Svcs Director
O"e
Purchasing
8/26/2005 9:51l AM
Date
ApI)r(wcd By
Joseph K. Schmitt
Community Deyelopment &
Environmental Services
Community Development &
E::nvironmental Servlces Adminstrator
CommunIty DftVelopment &
Environment~l Services AdmIn.
8/26/20057:46 PM
Assistant County Attorney
D~e
A ppro'\lcd 8y
Marjorie M. Student
County Attorney
County Attorney Office
8129/20005 8:30 AM
Adminilitratlve Assistant
Date
A pprm'cd B~'
OMB Coordmator
County Manager's Office
OffIce of Management & Budget
8/29!2oo5 9:49 AM
Date
A pprovcd 8~.
Mark Isackson
County M.anager's Office
Budget Analyst
Office of Management & Budget
8f29/2005 12:48 PM
MicI,aelSmykowski
Date
AI'provcd 8~'
County Manager's Office
Managoment & Budget DIrector
Ol1ktl of Management & Budget
812912005 5: 12 PM
Appruved 8~.
James V, Mudd
Board of County
COmmiS!llOnet8
County Man-1ger
Date
County Manager's Office
9r1!2005 6:27 PM
Agenda Item No. 1682
September 13, 2005
Page 1 of 2
EXECUTIVE SUMMARY
Recommend the Board approve that Fleet Management Dispose of a 1988
Plymouth Reliant LE four-door sedan owned by the Collier County Airport
Authority
OBJECTIVE: To obtain Collier County Board of County Commissioners
approval for Collier County Fleet Management to dispose of a 1988 Plymouth
Reliant LE four-door sedan owned by the Collier County Airport Authority.
CONSIDERATIONS: In 1999, at no cost to the Airport Authority, the Airport
Authority acquired a 1988 Plymouth Reliant LE four-door sedan from the United
States Air Force through the Federal Surplus Property Program. The Air Force
estimated the value of that sedan to be $7,773 at that time.
Fleet Management has determined this sedan is currently dilapidated and is not
worth repairing.
-
FISCAL IMPACT: There is no fiscal impact associated with this Executive
Summary.
GROWTH IMPACT: There is no growth management associated with this
Executive Summary.
RECOMMENDATION: That the Board of County Commissioners approve the
disposal of a 1988 Plymouth Reliant LE four-door sedan; owned by the Collier
County Airport Authority, by Fleet Management.
Prepared by John Kirchner, Airport Manager, Collier County Airport Authority
-
Agenda Item No. 16G2
September 13, 2005
Page 2 01 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Meeting Date:
16G2
Recommend the Board approve that Fleet Management Dispose of a 1988 Plymouth Reliant
LE fOUl-door sedan owned by the Collier County Airport Authorit'y.
9/13/20059:00:00 AM
ttem Number.
Item Summary:
Prepared B)'
John Kirchner
Airport Director
Oat.
County Manager's Office
Airport Authority
812412005 10:-49:04 AM
Approved By
Theresa M. Cook
Executive Director
Oat.
County Manager's OffIce
Airport Authority
el29f2006 1:34 PM
Approved By
OMB Coordin<ltor.
Admmistriltrve A,..islant
Oat.
County Mana90r's OffIce
Office of Management & Budget
6/29/20051 :55 PM
Approved By
Randy Greenwald
Manllgement/Budget Analyst
Date
County Manager'!> Ol1lce
Offiee of Management & Budget
8/30/2005 B:46 AM
Approved By
Michael Smykow~ki
Management & Budget Director
Date
County Man<tger's Office
Office af Management & Budget
0/30/200512:16 PM
Approved B)'
James V. Mudd
County Manager
Date
Board of County
Commissiont:lrs
County Manager's Office
8!]0/2005 3:24 PM
Agenda Item No. 16G3
September 13, 2005
Page 1 of 3
EXECUTIVE SUMMARY
Recommendation to approve the surplus sale bid S05-3620R of the Collier
County Airport Authority's County owned Cessna 182 Aircraft to the
highest bidder, Rex Air LLC of Naples, for the amount of $87,500
OBJECTIVE: That the Board of County Commissioners approve the surplus
sale of the Collier County Airport Authority's County owned Cessna 182 Aircraft
to the highest responsive bidder, Rex Air LLC of Naples, for the amount of
$87,500.
CONSIDERATIONS: The Board of County Commissioners directed the
Authority to place the County owned Cessna 182 Aircraft out to surplus sale bid.
The aircraft was placed on surplus sale bid in accordance with Collier County
asset procurement/disposition regulations. Bids were received by the County
Purchasing Department on July 22, 2005. Two bid offers were received. (Bid
tabulation attached.) The highest bidder took exception to the statement within
the bid of "as is," The bidder further clarified this exception after the bid opening
by saying he had already inspected the aircraft and wished to waive his
exception. Staff recommends accepting the withdrawal of the exception.
.-
FISCAL IMPACT: Funds will be deposited in Collier County Airport Authority
Fund (495).
GROWTH IMPACT: There is no Growth Management Impact associated with
this Executive Summary.
RECOMMENDATION: To approve the sale bid S05-3620R of the Authority
owned Cessna 182 Aircraft to the highest bidder, Rex Air LLC of Naples, for the
amount of $87,500 without exception.
Prepared bv Robert Tweedie, Airport Manager, Collier County Airport Authority
,-
Agenda Item No_ 16G3
September 13, 2005
Page 2 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16G3
Meeting Date:
Recommendation III appro'ole the surplus sale bid S05-3620R of the Collier County Airport
Authoritys County owned Cessna 182 Aircraft to the hIghest bidder, Rex Ail LLC of Naples,
10f the amount of $87,500
9f13/2005 900:00 AM
Appro~cd By
Theresa M. Cook
Executive Director
0,"0
County Man.ager's Oft'ice
Airport Authority
8/30/2005 3:59 PM
Approved 8)'
Scott Johnson
Purchasing A.genl
Date
Administralive Services
Purchasing
9/2120059:53 AM
Approved By
Mike Hauer
Acquisition Man.ager
0,".
Administrative Services
Purchasing
S/21200510~37 AM
Approved B)'
Steve Carnell
PurchallinglGenera! Svcs Director
0,".
Administrative Services
Purchasing
912i2005 11 :03 AM
Approved By
OMS Coordinator
Administrative Assistant
0,".
County MnnDger's Office
Office- of Management & Budget
9/1/20053:16 PM
Approved B~'
Randy Greenwald
Management/Budget Analyst
Oat"
County Manager's Office
Office of Manllgement & Budget
916!2005 6:19 AM
Allproved By
Michael Smykowski
Management & Budget Director
0,""
County Manager's OtfiGe
Office of Management 8. Budget
916/200512:37 PM
AI)pro\>'ed BJ-"
James V. Mudd
County Mmlager
Dnte
Board of County
Commissioners
County Manager's Office
9/6/2005 1 :50 PM
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Agenda Item No. 16H1
September 13, 2005
Page 1 of 4
EXECUTIVE SUMMARY
COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO
ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE
OBJECTIVE: For the Board of County Commissioners to declare a valid public
purpose for a Commissioner to attend function/event and approve payment by the Clerk.
CONSIDERATIONS: Pursuant to Resolution No. 99-410, the Board of County
Commissioners has determined that attendance at the functions of fraternal, business,
environmental, educational, charitable, social, professional, trade, homeowners, ethnic,
and civic association/organizations serves a valid public purpose, provided that said
functions reasonably relate to Collier County matters.
COMMISSIONER: Jim Coletta
FUNCTIONIEVENT: Immokalee Chamber of Commerce Annual BBQ Chicken &
Ribs Dinner Fundraiser
-,
PUBLIC PURPOSE: To associate and support the lmmokalee Chamber of Commerce
and their efforts and get to know more people in the community to create an atmosphere
for better communication between Constituents, The Chamber and Commissoners.
DA TE OF FUNCTION/EVENT: October 1, 2005
FISCAL IMPACT: $25.00 Funds to be paid from Commissioner's travel budget.
RECOMMENDATION: That the Board of County Commissioners, in accordance with
Resolution No. 99-410, approve payment by the Clerk for Commissioner Jim Coletta to
attend function serving a valid public purpose.
PREPARED BY: Nancy Rosiak, Executive Aide to BCC
APPROVED BY: Sue Filson, Executive Manager to BCC
AGENDA DATE: September 13,2005
.-
Item Number:
Item Summary:
Meeting Date:
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16H1
Agenda Item No. 16H1
September 13,2005
Pa~1e 2 of 4
Commissioner Coletla requests approval tor relmtmr\'iemenl for atlendil1g a function serving a
valid public purpose. Commis'Sionel' paid in advance to attend the lmmokalee Chamber of
Commerce ssa Dinner on October 1 , 2005 and is requesting reimbursement in the amount
of $25.00, to be paid from hiE; travel budget
9/13/2005 9 :00:00 AM
D"'"
Prepared B)'
Nancy Rosiak
Board of County
Commissioners
Executive Aide to the BeC
Bce Office
6(18{2oo5 4:02:04 PM
Sue Filson
Oat.
Approved By
Board of County
Commissioners
Ext!'cutlve Manager to tht!' Bce
Bce Offict!'
8f25/20D5 9:31 AM
jnmes V. Mudd
Oat.
Approved By
Board of County
Commissioners
County Manager
County Manager's OffIce
8/25/2005 1Q:54 AM
..
Immokalee Chamber of Commerce
720 N. 15th Street
Immokalee, Florida 34142
239-657-3237
239-657-5450 Fax
Agenda Item~o H D
Septfll5e ,
'1='age 0 4
AUG 1 5 2005
~
Board of County Commissi'
jG
August 16, 2005
Dear Chamber of Commerce Friends,
Our Annual Auction, Dance & BBQ Chicken & Ribs Dinner Fundraiser
is coming up very quickly.... Saturday, October 1, 2005. The event will
be at the Roberts Center, 905 Roberts Avenue, Immokalee, 7 p.m. Pick
up dinners will start at 6:30 p.m. This is a BYOB party, set ups are
furnished by the Immokalee Chamber of Commerce. If you would like
to donate any money for us to buy something to auction off in your
name, or if you would like to furnish any item $50.00 or over we
would be grateful. Please give me a call at the Chamber office for
more information on the 2005 Auction - 239-657-3237. THIS IS
THE BEST FUNDRAISER IN IMMOKALEE, A GREAT NIGHT
OF FUN !!!!!!!!!!
The Mesa Band will be back for its 12th year at this event. We will
also have a drawing for $2,500.00. Tickets are $5.00 each and the
winner will be announced at midnight. You do not have to be present to
win!
We have two types of tickets that are available:
.$100.00-Ticket- *Admits 2 people for BBQ Chicken & Rib a Dinner
*Free Beer for the evening (Donations accepted)
*Live Band, Dancing & Silent Auction
($15,000 in items - silent auction)
*Chances for 6 -$ 100.00 to $ 500.00,
cash drawing
*Final drawing $ 5,000.00 in cash drawing
(You do not have to be present to win)
(Only 200 Tickets SOLD)
~
Agenda Item No. 16H1
September 13, 2005
Page 4 of 4
...
.$ 50.00- Ticket- * Admits 2 people for BBQ Chicken & Rib Dinner
(NOT AVAILABLE UNTIL ALL 200 $100.00
TICKETS ARE SOLD)
*Free Beer for the evening (Donations accepted)
*Live Band, Dancing & Silent Auction
($15,000 in items - Silent Auction)
If you would like tickets pJease send your check, money order or credit
card number to us (ASAP) in the enclosed addressed envelope.
$100.00 tickets (1 ticket admits 2)Plus $5,000.00 Drawing
;< ~$ 50.00 tickets (1 ticket admits 2) No Drawing
$ 5.00 tickets for $ 2,500.00 Cash or Cruise
CREDIT CARDS: Visa/Master Card, Discover, American Express,
Money Order Or Cash
PLEASE PRINT ALL INFORMATION
Credit Card Name...:
Credit Card Number:
Expiration Date... ....:
Name on Card: ::J II'YI
Address:
City-State-Zip:
Phone #:
(~ I ElT4
State:
Cell #:
Zip:
***TICKETS MAY BE PICKED UP AT THE CHAMBER OFFICE
OR WE WILL HOLD FOR YOU AT THE FRONT DOOR WHEN
YOU ARRIVE.
Looking forward to seeing you Saturday, October 1, 2005. Dress for the
evening is very casual but no short shorts. Come and enjoy the people
of Immokalee and get to know our community.
Sincerely,
~
H.B. "Benny" rling, Jr.
Executive Director of ICOC
Executive Director of ICDC
Agenda Item No. 16H2
September 13, 2005
Page 1 of 5
EXECUTIVE SUMMARY
COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO
ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE
OBJECTIVE: For the Board of County Commissioners to declare a valid public
purpose for a Commissioner to attend function/event and approve payment by the Clerk.
CONSIDERATIONS: Pursuant to Resolution No. 99-410, the Board of County
Commissioners has determined that attendance at the functions of fraternal, business,
environmenta~ educational, charitable, socia~ professional, trade, homeowners, ethnic,
and civic association/organizations serves a valid public purpose, provided that said
functions reasonably relate to Collier County matters.
COMMISSIONER: Jim Coletta
FUNCTION/EVENT: NAACP Freedom Fund Banquet
PUBLIC PURPOSE: To represent the County as Commissoner of District 5
.-
DATE OF FUNCTIONIEVENT: October 15, 2005
FISCAL IMP ACT: $55 Funds to be paid from Commissioner's travel budget.
RECOMMENDATION: That the Board of County Commissioners, in accordance with
Resolution No. 99-410, approve payment by the Clerk for Commissioner Jim Coletta to
attend function serving a valid public purpose.
PREPARED BY: Nancy Rosiak, Executive Aide to BCC
APPROVED BY: Sue Filson, Executive Manager to BCC
AGENDA DATE: September 13,2005
--
Item Number:
Item Summary:
Meeting Date:
I""ganda Item No. 16H2
September 13, 2005
Page.2 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16H2
Commissioner Coletta reQuests approval [or reimbursement for attending a function serving 2l
valid public purpose: to atlend the NAACP Freedom Fund Banquet on October 15. 2005 in
the amount of $55.00,10 be pAid Itom Commissioner Coletta's travel budget
9/1312005900:00 AM
Elecutive Aida to the BCe
Oat.
Prepar~d By
Nancy Rosiak
Board of County
CommiS6ionef1l
Bce Offi<::e
8f1112005 11:21:33 AM
Sue Filson
Executive Manager to the Bee
"at.
ApprV"cd B~'
Board of County
Commissioners
Bee Office
8/2312005 8:45 AM
Deputy County M<lnager
0"'"
Appro,'cd By
Leo E. Ochs, Jr
BO<lrd of County
Commissioners
County Manager's Office
8123/200511:22 AM
Agenda Item No. 16H2
September 13, 2005
Page 3 of 5
NAACP BANQUET RESER VA TIONS
October 15, 2005
SPONSORSHIPS
Please check below for reservations.
_PLATINUM $2000 TOTAL_
Includes eight (8) tickets for the banquet, a full-page AD in the Souvenir Journal (the inside front
and back covers and the outside back cover will be allotted to the first three Platinum Sponsors),
and special recognition at the banquet.
_GOLD $1500 TOTAL_
Includes six (6) tickets, a half page AD in the Souvenir Journal and special recognition at the
banquet.
_SILVER$1000 TOTAL_
Includes four (4) tickets, a half page AD in the Souvenir Journal and special recognition at the
banquet.
_DIAMOND $750 TOTAL_
Includes two (2) tickets, a quarter page AD in the Souvenir Journal and special recognition at
the banquet.
For AD sizes refer to Souvenir Journal form.
INDIVIDUAL TICKETS
_(1)_ Tickets @ $55 each $_ Total Tickets @ $30
each$_
Combined Total $55.00
Tickets Sales: Make check payable: NAACP Collier County ($551adult-$30Iunder 18).
Auction Items: Mail to NAACP Banquet P.O. Box 990727, Naples, FL 34116 or
caI/239-649-4483 or 239- 455-2886.
_ We will Not attend but will make a donation I-
Donations Only!! In order to qualify as a 501-C-3 Checks must be written as
follows: NAACP BTS/SIS Program!!
Individual/Organization/Contact Person:
Commissioner Jim Coletta, District 5
Collier County Government
Address/City/State/Zip Code:
Agenda Item No. 16H2
September 13, 2005
Page 4 of 5
3301 E. Tamiami Trail
Naples, FL 34119
Telephone Number/Fax Number/Email Address/Date:
(239) 774-8097 I (239) 774-3602/ iimcoletta@colliergov.net August 10,2005
THANK YOU FOR YOUR GENEROUS SUPPORT!
NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE
COLLIER COUNTY BRANCH (#5117)
P.o. BOX 990727 NAPLES. FLORIDA 34116 (239) 455-2886 FAX (239) 417-2968
Email: president@naacpcolliercounty.com
www.naacpcolliercountv.com
Agenda Item No. 16H2
September 13, 2005
Page 5 of 5
''.# FROM CANVAS TO TRUNKS TO HIGHWAYS TO SUCCESS
Dear Supporter:
For ninety-six years the NAACP has been a champion for equal justice and continues to be committed to improving
the quality oflife for all people. In an effort to continue this critical work the Collier COooty Branch is hosting its
23rd Annual Freedom Food Banquet and Silent Auction. It will be held on Saturday, October 15, 2005 at the lovely
Elks Lodge, 3950 Radio Road, Naples, Florida. There will be open seating, the social hour will be at 5:00 p.rn. and
the program will start at 6:00 p.m.
This year's dynamic guest speakers will be Florida's, African-American artists, the 'Highwaymen' who created idyllic,
landscape images of Florida, and peddled some 100,000 of them from the tn.mks of their cars. You will be spell-
bound by how they painted their way out of the despair awaiting them in the citrus groves and packing houses of
1950s Florida. The 'Highwaymen' paintings fetch ever-esca1ating prices and you will have an opportunity to
examine and purchase these astonishing paintings!
The annual banquet is the principal fund raising event of the year. Your much needed support will go a long way in
helping the Branch continue to provide and expand the educational programs, youth works, health and other important
social programs. This year we have designed several ways for you to make a contribution.
1) SPONSORSHIPS: There are four levels of sponsorships available: the Diamond at $750; the Silver at $1000; the
Gold at $1500, and the Platinwn at $2000. Please refer to the enclosed Banquet Resetvation Fonn.
2) AD SOUVENIR BOOKLET: There are several AD su..es. The price of a full page is $200; a half page costs
$125; a fourth page costs $75, and either an eighth page AD or a business card AD costs $50. We also offer
family and single name options. Please refer to the enclosed Banquet Reservation Form.
3) TICKET SALES: Banquet tickets are only $55 for adults 18 and over and $30 for people under 18 years of age.
Please refer to the enclosed Banquet Reservation Form.
4) DONATIONS ONLY (not tickets and donations): Donations can be made to the Collier County's Back To
School/Stay In School Program. However, in order to qualify as a 501-C-3, the check must be written as follows,
'NAACP BTS/SIS Program.
5) AUCTIONS ITEMS that will be donated: mail to NAACP Banquet P.O. 990727 Naples, FL 34116 or
call for pick up 239-649-4483 or 239- 455-2886.
Please review and complete the attached fonns that detail your contribution method and mail your check and all forms
to: NAACP Collier County Branch Attention: Banquet Chair, P. O. Box 990727, Naples., FL 34116.
We must receive your Sponsorship Fonn and Souvenir Journal Fonn No Later Than August 31,2005.
Thank. you for your support.
Sincerely,
~~UtdaS~
President
-
Agenda Item No. 1611
September 13, 2005
Page 1 of 4
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
September 13, 2005
FOR BOARD ACTION:
1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
A. Clerk of Courts: Submitted for public record, pursuant to Florida Statutes,
Chapter 136.06( 1), the disbursements for the Board of County Commissioners for
the period:
1. July 2, 2005 - July 8, 2005.
2. July 9, 2005 - July 15,2005.
3. July 16, 2005 - July 22, 2005.
4. July 23, 2005 - July 29, 2005.
5. July 30, 2005 - August 5, 2005.
6. August 6,2005 - August 12,2005.
B. Districts:
1. Quarry Community Development District: Minutes of May 9,2005;
Agenda for May 9,2005; Fiscal Year Budget 2006; Agenda for June 13,
2005; Minutes of June 13, 2005; Minutes of March 14,2005; Agenda of
March 14,2005.
2. Heritage'Greens Community Development District: Minutes of May 2,
2005; Agenda for May 2,2005; Basic Financial Statements through
September 30,2004; Proposed Operating Budget for 2006; Minutes of
June 13,2005; Agenda of July 11, 2005.
3. South Florida Water Management District: Notice Requesting a
Submerged Land Lease/Vanderbilt Partners.
4. Mediterra South Community Development District: Minutes of October
27,2004; Consent to Use Easement Area.
5. Immokalee Water & Sewer District: Proposed Budget Fiscal Year 2006.
6. Wentworth Estates Communitv Development District: Proposed
Operating Budget for Fiscal Year 2006.
H:\MELANIE\2005 MISCELLANEOUS CORRESPONDENCE\September 13, 2005 Misc.
Crsp.doc
Agenda Item No. 1611
September 13, 2005
Page 2 of 4
7. Collier Soil & Water Conservation District: Basic Financial Statements
together with Reports of Independent Auditor Year Ending September 30,
2004.
8. Pelican Bay: Proposed 2005 Assessments.
C. Minutes:
1. Collier Countv Planning Commission: Minutes of July 7,2005; Agenda
oOuly 21,2005; Minutes ofJune 2, 2005; Minutes of June 16,2005;
Agenda of August 4, 2005.
2. Lely Golf Estates Beautification MSTU Advisory Committee: Agenda of
July 21,2005; Minutes of June 16,2005; Agenda of September 29,2005;
Minutes of July 21,2005.
3. Collier County Historic and Archaeological Preservation Board: Agenda
of July 20,2005; Minutes of June 15,2005; Agenda of August 17,2005;
Minutes of July 20, 2005.
4. Radio Road Beautification M.S.T.U. Advisory Committee: Agenda of
July 19, 2005; Minutes of June 28,2005.
_.
5.
Collier County Contractors' Licensing Board: Agenda of July 20, 2005;
Agenda of August 17,2005.
6. Collier County Domestic Animal Services Advisory Committee: Minutes
of June 21,2005; Minutes ofJuly 19, 2005.
7. Environmental Advisory Council: Agenda of August 3,2005; Minutes of
July 6, 2005; Revised Agenda of August 3, 2005.
8. Development Services Advisory Committee: Revised Agenda of July 14,
2005; Minutes of July 14,2005.
a) Development Services Advisory Sub-Committee (Budget and
Operations Sub-Committee): Agenda of July 20,2005; Minutes
of July 20, 2005.
9. Vanderbilt Beach M.S.T.U. Advisory Committee: Agenda of August 16,
2005; Minutes of July 19,2005.
10. Forest Lakes Roadwav and Drainage M.S.T.U. Advisory Committee:
Minutes of July 13,2005.
11. Conservation Collier Land Acquisition Advisory Committee: Agenda of
August 8, 2005; Minutes of June 13, 2005.
,-.
H:\MELANIE\2005 MISCELLANEOUS CORRESPONDENCE\September 13, 2005 Misc.
Crsp.doc
Agenda Item No. 1611
September 13, 2005
Page 3 of 4
12. Pelican Bay Services Division: Agenda of July 6,2005; Minutes of July
6,2005; Statement of Revenues and Expenditures Ending June 30, 2005;
Statement of Revenues and Expenditures Ending July 28, 2005; Agenda
of August 3, 2005.
a) Clam Bay Sub-Committee: Agenda of August 3, 2005; Minutes
of July 6, 2005.
b) M.S.T.B.U.: Agenda of August 3,2005.
13. Golden Gate M.S.T.U. Advisory Committee: Minutes of July 12,2005;
Agenda of August 9, 2005.
14. Bavshore Beautification M.S.T.U.: Agenda of August 10, 2005; Minutes
ofJuly 13, 2005.
15. Caribbean Gardens Blue Ribbon Committee: Minutes of June 9,2005.
16. Citizens Corps Advisory Committee: Minutes of July 20,2005. Agenda
of June 15, 2005.
--
H:\MELANIE\2005 MISCELLANEOUS CORRESPONDENCE\September 13, 2005 Misc.
Crsp.doc
Aqenda Item No. 1611
September 13. 2005
Page 4 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
Meeting Date:
1611
Miscellaneous correspondence to file lor record with action as directed
9/1312005 9:00:00 AM
Prepared By
Melanie Rodrigue!
Board of County
Commissioners
Administrative Aide to the Bee
Dot.
Bce Office
a130f2005 3:12:14 PM
Apl)roved By
Sue Filson
Board of Count~
ComlTll6sloner6
Executiye Manager to the BCe
Dot.
Bee OffIce
8130/20053:39 PM
Approved 8J
J<1mes V. Mudd
Board of County
Commissioners
County Manager
Oat.
County Manager':8 Office
8f31!2005 3:31 PM
Agenda Item No. 16J1
September 13, 2005
Page 1 of 2
EXECUTIVE SUMMARY
Approve a budget amendment transferring $300,000 from reserves to the Sheriff's
in lieu oftransfer account.
OBJECTNE: To obtain approval of a budget amendment transferring $300,000 from
reserves to the Sheriff's in lieu of transfer account.
CONSIDERATIONS: The Sheriffs in lieu of transfer account needs budget in order to
pay increased costs of electricity and water and sewer. These budget shortfalls are the
result of rate increases for electricity and the under estimation of the impact of the new
jail facility on electricity and water and sewer costs. At the current rates for electricity
and water and sewer it is estimated that $300,000 will be necessary to cover remaining
FY-2005 expenditures.
-
FISCAL IMP ACT: Funds totaling $300,000 will be made available by decreasing
General Fund reserves. The need for this budget amendment has been contemplated in
the FY-2006 budget process and $180,300, of the total increased request of $300,000, has
been forecast in preliminary carry forward calculations for FY -2006. The Finance and
Accounting Department prepared this executive summary and the attendant budget
amendment in order to facilitate the payment of services that have been rendered. Note
that this amount will not be transferred to the Sheriff, rather invoices will be paid against
this account and any positive variance will automatically accrete to the General Fund.
GROWTH MANAGEMENT IMP ACT: There is no growth management impact.
LEGAL CONSIDERATIONS: There are no legal considerations.
RECOMMENDATION: That the Board of County Commissioners approve the budget
amendment as proposed a ing the payment of electricity and water and sewer charges
for FY-2005. /I
preparedBY~~ ~
De M. J ohnssen
eneral Accounting Manager
Date:
,k/~
--
I\genda Item No. 16J1
September 13, 2005
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16Jl
Approve a budgel amendment transferring $300,000 from reserves 10 the Sheriffs in lieu of
tranSfel account (Facility expenses)
Meeting DMe:
9!13!2005 9:00:00 AM
Apprnved By
James v. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
8/31!2005 2:48 PM
Agenda Item No. 16J2
September 13, 2005
Page 1 of 2
EXECUTIve SUMMARY
-
Request approval for the purchase of a 24 passenger secured confinement prisoner transport
vehicle for the Sherirrs Office from available impact fee funds in the amount of $83,320.
OBJECTIVE: To award the Collier County Sheriff's Office Invitation to Bid (ITB) CCSO-05-019 to
Florida Transportation Systems, Inc. for the purchase of one 24 passenger secured confinement
prisoner transport vehicle for the Naples Jail Center to more efficiently streamline the process of
transferring inmates between the f\Japles and Immokalee jail facilities.
CONSIDERATIONS: Inmate transportation between the Naples and Immokalee Jail Centers-
approximately 90 miles round trip- has outgrown the current system that consists of two jail
transport vans. Inmates are frequently transported between facilities for various reasons (mainly for
court or jail space allotments). The current process involves two vans that have a maximum capacity of
10 inmates and requires a minimum of two Deputies per van. Multiple trips are made between Naples
and Immokalee each day to move inmates and has become cost prohibitive. The cost effective solution
is to purchase a larger transport vehicle in order to reduce the trips between facilities and reduce
manpower required to conduct the transports due to jail expansion. The new vehicle will have specific
security compartments to keep both the inmates and Deputies safe. The vehicle is manufactured for
heavy transport use and has a diesel engine. L.ess trips will be required with a larger capacity vehicle
and will result in gas savings as well as Deputy hours. The two current vans will be retained and used
for transport of smaller groups of inmates on an as needed basis.
-
On May 6, 2005, a notice was placed on the Sheriff's website inviting vendors to bid on a Secure
Confinement Prisoner Transport Bus. A legal notice was also placed in the Naples Daily News in the
Sunday editions on May 8th and 15th. Bids were due on June 10, 2005, with three bids being
submitted. All bids were fully compliant with the requirements of the ITB. Fleet Management has
reviewed all of the bids and recommended the lowest bid submitted by Florida Transportation
Systems, Inc.
FISCAL IMPACT: Funds are available in the Corrections Impact Fee Fund 381.
GROWTH IMPACT: There is no growth impact related to this executive summary.
RECOMMENDATION: That the Board of County Commissioners approve the purchase of a secured
prisoner confinement vehicle for the Sheriff's Office.
Prepared by Jean Myers, Sheriff's Office Budget Manager
----
Item Number:
Item SumlNlry:
Meeting Date:
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16J2
Agenda Item No. 16J2
September 13, 2005
Page 2 of 2
Request approval tOl the purchase 01 a 24 passenger secUl ed confinement pl150ner
transport vehicle for the Sheriffs Office from available impac1 fee funds in the amoun1 of
S8},J20
9/13120059.00:00 AM
Date
Approved By
James V, Mudd
Board of County
Commissioners
County Manager
County Manager's Office
9/21200512:27 PM
.--
.-
.-
Agenda Item No. 16K1
September 13, 2005
Page 1 of 5
Executive Summary
Recommendation to Approve an Agreed Order for Payment of Expert Fees
in Connection with Parcel 111 in the Lawsuit Styled Collier County v. Norma
E. Banas, et aL, Case No. 02-5137-CA (Immokalee Road Project #60018).
(Fiscal Impact: $11,000.00)
OB.JECTIVE: That the Board of County Commissioners approve an Agreed Order for payment
of expert fees incurred in connection with Parcel 111 in the lawsuit styled Collier County v.
Norma E. Banas, et aZ., Case No. 02-5137-CA (Immokalee Road Project #60018).
CONSIDERATIONS: The County acquired the subject property by depositing the sum of
$74,900.00 into the registry of the Court on May 20, 2003. The County and Respondent have
negotiated and settled by Stipulated Final Judgment in the amount of $105,000.00 which was
approved by the Board on June 14,2005.
To conclude this matter, the County is required to pay reasonable expert fees incurred by the
Respondent in the defense of this matter.
. Expert Appraisal Fees:
. Expert Engineering Fees:
. Expert Planning Fees
$ 7,500.00
$ 1,500.00
$ 2.000.00
$11.000.00
TOTAL:
Attached is the proposed Agreed Order.
FISCAL IMPACT: Funds in the amount of $11,000.00 are available in the FY 2005 adopted
budget, however, if payment is not made by the end of fiscal year 2005, then payment will be
made frorn the FY 2006 adopted budget Source of funds are Gas Taxes and Impact Fees.
GROWTH MANAGEMENT IMP ACT: None.
RECOMMENDATION: That the Board of County Commissioners:
1. Approve the Agreed Order as to Parcel Ill; and
2. Approve the expenditure of funds as stated.
PREPARED BY: Heidi F. Ashton, Assistant County Attorney, Office of the County Attorney
Item Number:
Item Summary:
Meeting Om:
Agenda Item No. 16K1
September 13, 2005
P8~Je 2 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16K1
Recommendation to Approve an Agreed Order for Payment of Expert Fees in Connection
with Parcel 111 in the Lawsuit St)'led Collier County v. Norma E Banas, et al . Case No_ 02.
5137-CA (Immokalee Road Project #60018). (Fiscal Impact: $11,000.00)
9/13"2005 9'.00:00 AM
Assistant County Attorney
Oat.
Prepared By
Heidi F. Ashton
County Attorney
County Attorney Office
81161200510:33:38 AM
LiSllTaylor
Management/Budget Analvst
Date
Approved By
Trnm,portation Services
Transportation Administration
8116/200511 :37 AM
Kevin He-ndflcks
Date-
Approved By
Transportation Services
Right Of Way Acquillltion Manager
Transportottion Engineering and
Construction
8/16!2005 5:30 PM
Eugene Calvert
Principal Project Manager
Date
Approved By
Transportations Services
Transportation Enginooring and
Construction Management
8/17f200S B:03 AM
Transportation Division Administrator
Date
Approved By
Norm E, Feder, AICP
Transportation Services
Tlansportation Scr'Jices Admin.
6/17/2005 9:54 AM
Sharon Newman
Accounting Supt:!rvisor
D...
Aflpro\'ed B)-'
Tram.portation Services
T rans~)ortatjon Administration
8f2212005 2:32 PM
David C. Weigel
County Attorney
Date
Approved By
County Attorney
County Attorney Office
6/24120051' :43 AM
OMS Coordinator
Admmistratlve Assistant
Oa1e
A ppru'Yed 8J'
County Managenii Office
Offi~ of Management & Budget
8/24/20054:33 PM
Apprlnred By
Susan Usher
County Manager's Office
Senior Mlln.uuefl'lent/Budget Annlys1
D...
Office of Management & Budge!
8/2412005 10:47 PM
Michael Smykowski
Management & Budget Director
Dot.
Approved By
County Manager's Office
Office of Managemenl 8. Budget
6125/200510:31 AM
ApJ.roved 8)-'
Jame-s V. Mudd
Board of County
Commissioner,;
County Mannger
Dot.
County Manager's Office
6/26/20056:34 PM
Agenda Item No. 16K 1
September 13, 2005
Page 3 of 5
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCIDT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, FLORIDA, a
political subdivision of the State of
Florida,
Case No.: 02-5137-CA
Petitioner,
Parcel No.: 111
vs.
NORMA E. BANAS, et aI.,
Respondents.
/
AGREED ORDER
THIS CAUSE, having come before the Court upon Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, by and through the undersigned counsel, and Respondent,
WHITLEY S. WARD, TRUSTEE, by and through his undersigned counsel, for entry of an Agreed
Order, and the Court, being fully advised in the premises, it is hereby
ORDERED AND ADJUDGED that Respondent, WHITLEY S. WARD, TRUSTEE, receive
from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Seven Thousand Five Hundred
Dollars and No/tOO ($7,500.00) for appraisal fees incurred in connection with Parcel 111; it is
further
ORDERED that Respondent, WHITLEY S. WARD, TRUSTEE, receive from Petitioner,
COLLIER COUNTY, FLORIDA, the sum of Fifteen Hundred Dollars and No/tOO ($1,500.00)
for engineering fees incurred in connection with Parcel III ~ it is further
Agenda Item No. 16K1
September 13, 2005
Page 4 of 5
ORDERED that Respondent, WHITLEY S. WARD, TRUSTEE, receive from Petitioner,
COLLIER COUNTY, FLORIDA, the sum of Two Thousand Dollars and No/tOO ($2,000.00) for
planning fees incurred in connection with Parcel Ill; it is futther
ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, shall disburse the sum of
Eleven Thousand Dollars and NollOO ($11,000.00) to the EARLE AND PATCHEN TRUST
ACCOUNT c/o Brian P. Patchen, Esquire, 1000 Brickell Avenue, Suite 1112, Miami, FL 33131 for
the benefit of Respondent, WlllTLEY S. WARD, TRUSTEE.
DONE AND ORDERED this _ day of
, 2005 in Naples, Collier County,
Florida.
CIRCUIT COURT JUDGE
Conformed copies to:
Heidi F. Ashton, Esquire
Brian P. Patchen, Esquire
E. Glenn Tucker, Esquire
Agenda Item No. 16K1
September 13, 2005
Page 5 of 5
JOINT MOTION FOR STIPULATED FINAL JUDGMENT
The Parties hereby stipulate and respectfully request this Court to enter the foregoing
Agreed Order as to Parcel 111.
. Dated:
Dated:
@
HEIDI F. ASHTON, ESQUIRE
Florida Bar No.: 0966770
OFFICE OF THE COUNTY ATIORNEY
Harmon Turner Building
3301 East Tamiami Trail
Naples, FL 34112
(239) 774-8400 - Telephone
(239) 774-0225 - Facsimile
A TIORNEY FOR PETITIONER
BRIAN P. PATCHEN, ESQUIRE
Florida Bar No.: 157545
EARLE AND PATCHEN, P.A.
1000 Brickell Avenue, Suite 1112
Miami, FL 33131
(305) 372-1112 - Telephone
(305) 372-3691- Facsimile
ATTORNEY FOR RESPONDENT
_.
-
Agenda Item No. 16K2
September 13, 2005
Page 1 of 5
Executive Summary
Recommendation to Approve a Release of Temporary Driveway Restoration
Easements for Parcels 703A and 7038 in the Pine Ridge Road Improvement
Project #60111. (Fiscal Impact: $27.00)
OBJECTIVE: That the Board approve a release of Temporary Driveway Restor.ation
Easements for Parcels 703A and 703B in the Pine Ridge Road Improvement Project #60111.
CONSIDERATIONS: Parcels 703A and 703B are temporary driveway restoration easements
which were acquired by the County through an Order of Taking dated April 15, 2000 and
recorded in OR Book 2660, Pages 3394, et seq. The fee simple owners, Pine Ridge Associates,
Ltd. and Pine Ridge Associates II, Ltd., have contacted the County requesting a release of the
Temporary Driveway Restoration Easements. The Pine Ridge Road project is complete and the
easements have expired. It is appropriate to record a release to clear title for the owner.
. Recording Fees
$27.00
$27.00
TOTAL
FISCAL IMPACT: Funds in the amount of $27.00 are available in the FY 2005 adopted
budget, however, if payment is not made by the end of the fiscal year 2005, then payment will be
made frorn the FY 2006 adopted budget. Source of funds are Gas Taxes and Impact Fees.
GROWTH MANAGEMENT IMPACT: None.
.
RECOMMENDATION: That the Board of County Commissioners:
1. Approve the release of Temporary Driveway Restoration Easements;
2. Approve the expenditure offunds as stated; and
3. Approve the recording of the release in the public records of Collier County.
PREPARED BY: Heidi F. Ashton, Assistant County Attorney, Office of the County Attorney
Item Number:
Item Summary:
Meeting Date:
Agenda Item No_ 16K2
September 13, 2005
Page 2 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16K2
Recommendation to Approve a Release of Temporary Driveway Restoration Easements tOI
Parcels 703A and 703B inlhe PIl1e Ridge Road Improvement Project #60111. lFiscallmpact.
$2700)
9/13/20059:00:00 AM
Assistant County Attorney
Date
Prepared By
Heidi F. Ashton
County Attorney
County Attomey Office
8115/200510:34:30 AM
Usa Taylor
Management/Budget Analyst
Date
Approved By
Transportation Services
Transportation Administration
8116/200511:37 AM
Kevin Hendricks
Date
Approved B)"
Tr:;msportation Services
Right Of Way Acquisition Manager
Transportation EngineerJng and
Construction
8{16!2005 5:32 PM
Appro,,'cd By
Eugene Calvert
Transportations Sl!!rvices
Date
Principal Project Manager
Transportation EngIneering and
ConstructIon MalUlgement
8/17/20058:03 AM
Norm E. feder, AICP
1 ransportlltion OiVlIiion Admmistrator
Dato
Approved By
Transportation Services
Transportation Services Admin.
8117i200510:50 AM
Allprovcd By
Sharon Newman
Transportation Services
Accounting SupervIsor
Date
lr.msportation Administration
812212005 3:22 PM
David C, Weigel
County Attorney
O,Ie
A pproved By
County Attorney
County Attornay Office
81241200511:46 AM
Approved 8)"
OMB Coordina.tor
County Manager's Office
Administrative ASslstant
Date
Office 01 Management & Budget
8;24120054:39 PM
Senior M.anll~rnent(Budget Anlllysi
Date
Apprtn'cd By
Susan Usher
County Manager's Office
Office of Management 8. Budget
Btl4/2005 10:51 PM
Michael Smykowski
Managoment & Budget Director
Oo1e
ApprO\'cd By
County Manager's Office
Ofrice 01 Management 8. Budget
6/25/200510:52 AM
Appro,,'cd By
James V. Mudd
Board of County
Commissioner!';
County Manager
Om.
County Manager's OffIce
81271200511:31 AM
PROJECT: Pine Ridge Road
PARCEL: 703A and 7038
FOLIO:
Agenda Item No. 16K2
September 13, 2005
Page 3 of 5
RELEASE OF TEMPORARY DRIVEWAY RESTORATION EASEMENTS
THIS RELEASE given this day of August, 2005 by Collier County,
Florida, a political subdivision of the State of Ronda, its successors and assigns, whose post
office address is 3301 Tamiami Trail East, Naples, Aorida 34112 (hereinafter referred to as
"County"), in favor of PINE RIDGE ASSOCiATES II, LTD., (hereinafter referred to as
"Owner").
WIT N E SSE T H:
WHEREAS, the Collier County Circuit Court granted an Order of Taking for Parcels
103A,703A, 1038 and 7038 in the case of Collier County v. Pine RidQe Associates n, Ltd"
et aI., Case No. 00-0488-CA on April 15, 2000; and
WHEREAS, Parcels 703A and 7036, attached hereto as Exhibit "A", are temporary
driveway restoration easements which have expired.
NOW, THEREFORE, in consideration of TEN DOLLARS ($10.00) and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the
County does hereby release any interest it has over Parcels 703A and 7038 by virtue of the
temporary driveway restoration easements.
IN WITNESS WHEREOF, the County has caused these presents to be executed this
_ day of August, 2005.
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
, Deputy Clerk
By:
FRED W. COYLE, Chairman
. . 1 ,. C. ....c.,..~..._."..."
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--'~;;f cciu;':t~'i~l~;:n~J
Jul ~1 05 03:36p
Thomas N Silverman P.R.
561 775-?50~genda Item No. I?>r<.~
September 13, 2005
Page 4 of 5
'wi - '" ~J;t
.FleE OF CAPITAL OJEC'l'S
3301 EAST TAWlAM1 TRAIL. NAPLES, fLOtmA 34112
(941) 774-8192 ,
PRO.IEC'f NO. ~tJll ,
PIlOJEC'I' . MtCEL NO. 7D~ A
TAX PARCEL NOP.!2553tOOO'
SK~CH OF LEGAL OE$CR1?TlON (NOT A SURVE'()
t..?or~r, jr1YIVlr r..ttrltion e......t
" .
L~L DDCIUPTION
. .
^ PIln:e1 orland bint in Section 12" TowndIip G South. a.1Ip 258, CllIIio' Counl)'.
F11>>ridl. IIId bDlnll mcIR plTlic\llarly cIueribed . ftlllows;. .'
nc WCSI Sixty F. Df'lhlNorth30ftII 01''' Sautb I IS r.orllle SodIhJfllltlt..
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75-7503 p.ll
58 I 7 Agenda Item No. 16K2
September 13, 2005
Page 5 of 5
3301 ~T~;,;;;,~,uu~~T=~ 5
. (HI) 17+-1192
,
~
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PARCELNO_..7D3I
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FClJOND.!~25'3a.~Dl
teeporarF drb....' reataratloft ...ueat
THE NORnfTEN (1111 net Of lHElIOU1H ISRITDFlHE W9T 10.... or 1te;.
l!AST~1 fEET,otrTHEIOUMM!:STCUR11!ROPIEC1ION 1Z.~4t
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....--,
.-
---
Agenda Item No. 16K3
September 13, 2005
Page 1 of 4
Executive Summary
Recommendation to Approve an Agreed Order for Payment of Expert Fees
in Connection with Parcel 187 in the Lawsuit Styled Collier County v. Patrick
J. Murphy, et aL, Case No. 03-5270-CA (Vanderbilt Beach Road Project
#63051). (Fiscal Impact: $17,950.00)
OBJECTIVE: That the Board of County Commissioners approve an Agreed Order for payment
of expert fees incurred in connection with Parcel 187 in the lawsuit styled Collier County v.
PatrickJ. Murphy, et al., Case No. 03-5270-CA (Vanderbilt Beach Road Project #63051).
CONSIDERATIONS: The County acquired the subject property by depositing the sum of
$147,300.00 into the registry of the Court on April 26, 2004. The County and Respondent have
negotiated and settled by Stipulated Final Judgment in the amount of $228,000.00 which was
approved by the Board on June 28, 2005.
To conclude this matter, the County is required to pay reasonable expert fees incurred by the
Respondent in the defense of this matter.
. Expert Appraisal Fees:
. Expert Engineering Fees:
$12,250.00
$ 5.700.00
$17.950.00
TOTAL:
Attached is the proposed Agreed Order.
FISCAL IMPACT: Funds in the amount of $17,950.00 are available in the FY 2005 adopted
budget, however, if payment is not made by the end of the fiscal year 2005, then the payment
will be made from the FY 2006 adopted budget. Source of funds are Gas Taxes and Impact
Fees.
GROWTH MANAGEMENT IMP ACT: None.
RECOMMENDATION: That the Board of County Commissioners:
1. Approve the Agreed Order as to Parcel 187; and
2. Approve the expenditure of funds as stated.
PREPARED BY: Heidi F. Ashton, Assistant County Attorney, Office of the County Attorney
Item Number:
Item kanmary:
Meeting Date:
Agenda Item No. 16K3
September 13, 2005
Page 2 01 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16K3
Recommendation 10 Approve an Agreed Order for Payment of ElCpert Fees in Connecbon
with Parcel 187 in the Lawsuit Styled Collier County v. Patrick J. Murphy, et aI., Case No. 03-
5270-CA (Vanderbilt Beadl Road Project#63051). (Fiscal Impact: $17,950.00)
9/13/20059:00:00 AM
Assistant Coun1y Attorney
Dat.
Prepared By
Heidi F. Ashton
County Attorney
County Attorney Office
818/2005 1 :55:57 PM
Eugene Calvert
Dafe
Approved By
Transportations Services
PrinCIpal ProJect Manager
Transportation Engineering llnd
Construction Management
8(10/2005 6:03 PM
Norm E. Feder, AICP
Transportation Division Administrator
Dat.
Approved BJ
Transportation Services
Transportation Service$ Admin
8/12120057:02 AM
Approved By
Sh:non Newman
Transportation StlrvicelS
Accounting Supervisor
Date
Transportation Administmtion
8/1212005 3:44 PM
Kevin Hendricks
Right Of Way Acquisition Manager
Date
Approved By
TransportatIon Services
Transportation Engineering and
Construction
8/16!2005 4:31 PM
Lisa Taylor
MllnsgementlBudgel An41lyst
D,te
Appro\'cd By
Trant;portation Services
Transporta1ion Administration
8/18/2005 2:58 PM
David C. Weigel
County Attorney
D,te
A pproved By
County Attorney
County Attornoy Office
6124!2oo5 11 :49 AM
OMS Coordinator
Admmistrative Assistant
Date
Apllrovcd By
County Manager's Office
Office of Management & Budget
6124/2005 4:31 PM
Michael Smykowski
Managemen1 & Budget Director
Date
Appro\'ed B)'
County Mtinaqer's Office
Office of Management & Budget
8/25/2005 10:'37 AM
A ppro,"'cd By
James V, Mudd
Board of County
Commissioners
County Manager
D""'
County Manager's Office
6.'27/2005 11:09 AM
Agenda Item No. 16K3
September 13, 2005
Page 3 of 4
IN THE CIRCUIT COURT OF THE TWENTIETH JUDI(''IAL CIRCUIT
IN AND FOR COLLIER COUNTY, Fl,ORIDA
CIVIL ACTION
COLLIER COUNTY, FLORIDA, a
political subdi vision of the State of
Florida,
Case No.: 03-5270-CA
Petitioner,
Parcel No.: 187
vs.
PATRICK J. MURPHY, et al.,
Respondents.
/
AGREED ORDER
THIS CAUSE, having come before the Court upon Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, by and through the undersigned counsel, and Respondent.
GOLDEN DREAM INVESTMENTS, INC., by and through its undersigned counsel, for entry of
an Agreed Order, and the Court, being fully advised in the premises, it is hereby
ORDERED AND ADruDGED that Respondent, GOLDEN DREAM INVESTMENTS,
INC., receive from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Twelve Thousand
Two Hundred Fifty Dollars and No/IOO ($12,250.00) for appraisal fees incurred in connection
with Parcel 187; it is further
ORDERED that Respondent, GOLDEN DREAM INVESTMENTS. INC., receive from
Petitioner, COllIER COUNTY, FLORIDA, the sum of Five Thousand Seven Hundred Dollars
and NoltOO ($5,700.00) for engineering fees incurred in connection with Parcel 187; it is further
ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, shall disburse the sum of
Seventeen Thousand Nine Hundred Fifty Dollars and No/lOO ($17,950.00) to the GAYLORD
Agenda Item No. 16K3
September 13, 2005
Page 4 of 4
MERLIN LUDOVICI DIAZ & BAIN TRUST ACCOUNT c/o Andrew G. Diaz, Esquire. 5001
West Cypress Street, Tampa. FL 33607-3887 for the benefit of Respondent, GOLDEN DREAM
INVESTMENTS. INC.
DONE AND ORDERED this _ day of
, 2005 in Naples, Collier County.
Florida.
CIRCUIT COURT JUDGE
Conformed copies to:
Heidi F. Ashton. Esquire
Andrew G. Diaz, Esquire
E. Glenn Tucker, Esquire
JOINT MOTION
The Parties, by and through their undersigned attorneys. hereby move for entry of the
foregoing Agreed Order as to Parcel 187.
Dated:
Dated:
~
ANDREW G. DIAZ, ESQUIRE
Florida Bar No.: 974196
GA YLORD MERLIN LUDOVICl DlAZ & BAIN
5001 West Cypress Street
Tampa, FL 33607-3887
(813) 221-9000 - Telephone
(813) 221-9030 - Facsimile
A TIORNEY FOR RESPONDENT
HEIDI F. ASHTON, t:SQUIRE
Florida Bar No.: 966770
COUNTY A TTORNEY'S OFFICE
Harmon Turner Building
3301 East Tamiami Trail
Naples, FL 34112
(239) 774-8400 - Telephone
(239) 774-0225 - Facsimile
A TIORNEY FOR PETITIONER
,.....--
--
,,-.
Agenda Item No. 16K4
September 13, 2005
Page 1 of 4
Executive Summary
Recommendation to Approve an Agreed Order for Payment of Expert Fees
in Connection with Parcel 134 in the Lawsuit Styled Collier County v. Terry
L Lichliter, et aL, Case No. 03-2273-CA (Golden Gate Parkway Project
#60027). (Fiscal Impact: $2,800.00)
OBJECTIVE: That the Board of County Commissioners approve an Agreed Order for payment
of expert fees incurred in connection with Parcel 134 in the lawsuit styled Collier County v.
Terry L. Lichliter, et at., Case No. 03-2273-CA (Golden Gate Parkway Project #60027).
CONSIDERATIONS: The County acquired the subject property by depositing the sum of
$12,500.00 into the registry of the Court on October 2,2003; the County and Respondents have
negotiated and settled by Stipulated Final Judgment in the amount of $16,330.00 which was
approved by the Board on February 22, 2005.
To conclude this matter, the County is required to pay reasonable expert fees incurred by
Respondents in the defense of this matter.
. Expert Appraisal Fees:
$2.800.00
TOTAL:
$2.800.00
Attached is the proposed Agreed Order.
FISCAL IMPACT: Funds in the amount of $2,800.00 are available in the FY 2005 adopted
budget, however, if payment is not made by the end of the fiscal year 2005, then the payment
will be made from the FY 2006 adopted budget. Source of funds are Gas Taxes and Impact
Fees.
GROWTH MANAGEMENT IMP ACT: None.
RECOMMENDATION: That the Board of County Commissioners:
1. Approve the Agreed Order as to Parcel 134; and
2. Approve the expenditure of funds as stated.
PREPARED BY: Heidi F. Ashton, Assistant County Attorney, Office of the County Attorney
Item Number:
Item SLI11RIIIry:
Meeting Date:
Agenda Item No, 16K4
September 13, 2005
Page 2 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16K4
Recommendahon 10 Approve an Agreed Order for Payment of Expert Fees in Connection
with Parcel 134 in the Lawsuit Styled Collier County v, Terry L Lichlitef, e1 aL Case No. 03-
2273-CA (Golden Gale Parkway projec1 #60027) (Fiscal Impact $2.800,00)
9/13'2005 9:00:00 AM
Assistant County Attorney
Date
Prepared By
Heidi F. Ashton
County Attorney
County Attorney Office
8f5!2005 11:53:34 AM
Norm E. Feder, AICP
Transportation DivisIon Administrator
Date
Appro\lcd By
Transportation ServIces
Transportation Services Admin
8/5/2005 1 :26 PM
Eugene Calvert
Date
Approved By
Transportations Services
Principal Project Manager
lransportation Enginee-rlng and
Construction Management
MIf2005 7:14 AM
Sharon Newman
Accounting Supervisor
Om
Apprm'cd By
Transportation Servlcel$
Transportation Adminiltration
8/12120053:42 PM
Kevin Hendricks
Right Of Way Acquisition Manager
Date
Approved 8y
Transportation Serlllces
Transportation Engineering and
Con.'ltruction
8/16120054:30 PM
Lisa Taylor
MllnagemenllBudget Analyst
D....
A pprovcd By
Transportation Servicel$
Trani'lponation Administration
811812005 2:56 PM
David C. Weigel
County Attorney
Dale
Approved 8y
County Atlorney
County Attorney Office
8124/200511:51 AM
OMB Coordinator
Administrathle Assistant
0....
Approved By
Count')' Manager'll Officc
Office of Management 8. Budg01
8/24/20054:30 PM
Mich.ael Smykowski
Management & BUdget DIrector
Date
A pprllved By
County Manager's Office
Office of Management 8. Budget
B12512005 10:25 AM
Approved By
James V, Mudd
Board of County
CommiSSIoners
Counly Manager
Date
County Manllger's Office
81271200510:56 AM
Agenda Item No. 16K4
September 13, 2005
Page 3 of 4
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
~
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....1
COLLIER COUNTY, FLORIDA, a
political subdivision of the State of
Florida,
Case No.: 03-2273-CA
Petitioner,
Parcel No.: 134
vs.
TERRY L. LICHLITER, et aI.,
Respondents.
/
AGREED ORDER
THIS CAUSE, having come before the Court upon joint motion made by Petitioner,
COLLIER COUNTY, FLORIDA, by and through its undersigned counsel, and Respondents,
DARRYL J. DAMICO and BRADLEY T. DAMICO, by and through their undersigned counsel, for
entry of an Agreed Order, and the Court, being fully advised in the premises, it is hereby
ORDERED AND ADJUDGED that Respondents, DARRYL J. DAMICO and BRADLEY
T. DAMICO, receive frorn Petitioner, COLLIER COUNTY, FLORIDA, the sum of Two
Thousand Eight Hundred Dollars and No/IOO ($2800.00) for appraisal fees incurred in
connection with Parcel 134; it is further
ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, shall disburse the sum of
Two Thousand Eight Hundred Dollars and No/IOO ($2800.00) to the ROETZEL & ANDRESS
TRUST ACCOUNT c/o Kenneth A. Jones, Esquire, Roetzel & Andress, 2320 First Street, Suite
1000, Fort Myers, FL 33901 for appraisal fees for Parcel 134.
Agenda Item No. 16K4
September 13, 2005
Page 4 of 4
, ~
DONE AND ORDERED this _ day of
, 2005, in Naples, Collier County,
Florida.
CIRCUIT COURT JUDGE
Conformed copies to:
Heidi F. Ashton, Esquire
Kenneth A. Jones, Esquire
AmSouth Bank
E. Glenn Tucker, Esquire
JOINT MOTION
The Parties, by and through their undersigned attorneys, hereby move for entry of the
foregoing Agreed Order as to Parce1134.
Dated:
Dated:
@
HEIDI F. ASHTON, ESQUIRE
Florida Bar No.: 0966770
OFFICE OF THE COUNTY A TIORNEY
Harmon Turner Building
3301 East Tamiami Trail
Naples, FL 34112
(239) 774-8400 - Telephone
(239) 774-0225 - Facsimile
A TIORNEY FOR PETITIONER
NES, ESQUIRE
No.:0200J58
ROE L & ANDRESS
2320 F st Street, Suite 1000
Fort Myers, FL 33901
(239) 337-3850 - Telephone
(239) 337 -0970 - Facsimile
ATTORNEY FOR RESPONDENTS
-
-,
Agenda Item No. 16K5
September 13, 2005
Page 1 of 6
EXECUTIVE SUMMARY
Recommendation to approve an Agreed Recommended Order of the General Master on
Respondents' amended motion to tax expert witness fees in the lawsuit styled Collier County
v. Jeffrey A. Richardson, et at., Case No. 02-2188-CA (Immokalee Road Project #60018).
(Fiscal Impact $6,700.00)
OBJECTIVE: That the Board of County Commissioners approve the Agreed Recommended
Order of the General Master on Respondents' amended motion to tax expert witness fees in the
lawsuit styled Collier County v. Jeffrey A. Richardson, et aI., Case No. 02-2188-CA (Immokalee
Road Project 60018).
CONSIDERATIONS: The parties entered into a Stipulated Final Judgment which was executed
by Judge Monaco on February 10, 2005. Pursuant to g73.091, Fla. Stat., the property owner is
entitled to all reasonable and necessary costs incurred in defense of the eminent domain
proceeding. The property owner submitted invoices for appraisal fees totaling $5,822.50.
Through negotiation, the parties have agreed to settlement for $5,000.00. The property owner is
entitled to supplemental attorney's fees in the amount of $1,700.00.
If the settlement is approved, the County is responsible for the following costs:
. Appraisal Expert Costs & Fees:
. Supplemental Attorney's Fees:
TOTAL COST:
$5,000.00
$1,700.00
$6,700.00
See attached Agreed Recommended Order of the General Master on Respondents' amended
motion to tax expert witness fees.
FISCAL IMPACT: Funds in the amount of $6,700.00 are available in the FY 2005 adopted
budget. Source of funds are Gas Taxes and Impact Fees.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners:
1. Approve the Agreed Recommended Order of the General Master on Respondents'
amended motion to tax expert witness fees;
2. Approve the expenditure of funds as stated.
PREP ARED BY: Ellen T. Chadwell, Assistant County Attorney
1
ttem Number:
Item Summary:
Meeting Date:
Agenda Item No. 16K5
September 13, 2005
Page 2 ot6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16K5
Recommendation to Approve an Agreed Recommended Order of the General Master on
Respondents' amended motion to tax expert witness tees in the lawsuit styled CC v. Jeffrey
Richardson, et al., Case No. 02-2188CA (lmmokalee Rd Projecl#60018). (Fiscal Impact
$6700)
9/13120059:00:00 AM
Date
Appro\'ed By
Kevin Hendricks
Transportation Services
Right Of Way Acquisition Manager
Tran'Sportation Engineering and
Construction
8f3f20051:20 PM
Accounting Supervisor
0...
Apprond 8)'
Sharon Newman
Transportation Services
TransportatIOn Administration
61312005 1:51 PM
Norm E. Feder, Alep
f"ransportation Divifiion Administrator
Date
Approved By
Tr.1nsportation S~rvices
Transportation Serv~ces Admin.
8/4120057:41 AM
Eugene CDlvert
DaI.
AIJpfnVcd By
Transportations Services
Prinr;lpal Project MDnager
Transpor1atlon Engineering and
Construction Management
814120068:38 AM
Lisa Taylor
Management/Budget Analyst
DaI.
Approved By
Transportation Services;
Transportation Administration
814120053;35 PM
Approved B)'
Ellen T. Chadwell
County Attorney
Assistant County Attorney
Date
County Attorney OfficI!'
8/12120052:19 PM
David C. Weigel
County Attorney
Date
Approved By
County Attorney
County Attorney O"~ce
61241200511:55 AM
Approved By
OMS Coordinator
county Manager's Office
AdministratIve Assistant
DaI.
Offir;e of Management & Budget
8/24f2005 4:30 PM
Michael Srnykowski
Management & Budget Director
DaI.
Apprtl\!cd By
County Manager's Office
Office of Management & Budget
BI2R12005 4.02 PM
Apllrnvcd By
Susan Usher
County Manager's Office
Senior M,m.agen)(>ntfBudge1 Analyst
Date
Office of Management & Budget
813012005 2:33 PM
County Manager
Date
Approved By
James V. Mudd
Board of County
Commissioners
County Manager's Office
813012005 3:06 PM
Agenda Item No. 16K5
September 13, 2005
Page 3 of 6
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COlLIER COUNTY, FLORIDA, a
political subdivision of the State of Florida,
Petitioner,
Case No. 02-2118-CA
v.
Parcel No. 200
JEFFREY A. RICHARDSON, et ai,
Respondents.
I
AGREED RECOMMENDED ORDER OF mE GENERAL MASTER ON
RESPONDENTS' AMENDED MOTION TO TAX EXPERT WITNESS FEES
THIS CAUSE, having come before the General Master upon the Respondents' Amended
Motion to Tax. Expert Witness Fees. the General Master having reviewed the record and by joint
motion of the parties, and being fully advised in the premises. it is hereby recommended that it
be
ORDERED AND ADJUDGED that Respondents, JIMMIE L. ROGERS and BETTY L..
ROGERS, have and recover from Petitioner, COI..LIER COUNTY, the total sum of Six
Thousand Seven Hundred and No/tOO Dollars ($6,700.00) consisting of Five Thousand and
No/IOO Dollars ($5,000.00) for appraisal fees and costs and One Thousand Seven Hundred
and No/tOO Dollars ($1,700.00) for attorney's fees and costs, both with respect to Parcel 200,
which includes all expert fees and costs recoverable by Respondents in this cause; and it is
further
ORDERED AND ADJUDGED that Petitioner. COLLIER COUNTY, shall, within thirty
(30) days from the date of this Order, pay the sum of Six Thousand Seven Hundred and
No/IOO Dollars ($6,700.00) to ROETZEL & ANDRESS TRUST ACCOUNf, Clo Kenneth A.
1
Agenda Item No. 16K5
September 13, 2005
Page 4 of 6
Jones, Esq., Roetzel & Andress. 2320 First Street, Ste. 1000, Ft. Myers, FL 33901-3419, for
proper disbursement in accordance with this order; and it is further
ORDERED AND ADJUDGED that no other costs shall be awarded to Respondents,
JIMMIE L. ROGERS and BETTY L. ROGERS.
DONE AND ORDERED in Naples, Collier County, Florida, this _ day of
. 2005.
LAWRENCE S. PIV ACEK
General Master, Twentieth Judicial Circuit
Conformed copies to:
Ellen T~ Chadwell, Esq.
Kenneth A. Jones. Esq.
E. Glenn Tucker. Esq.
JOINT MOTION
The Parties hereby stipulate and respectfuJly request this Court to enter the foregoing
Joint Motion for Agreed Recommended Order of the General Master on Respondents' Amended
Motion to Tax Expert Witness Fees .
Dated:
Dated:
ELLEN T. CHADWEll., ESQUIRE
Florida Bar No. 0983860
COUNTY ATTORNEY'S OFFICE
Hannon Turner Building
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400 - Telephone
(239) 774-0225 - Facsimile
A TIORNEY FOR PETITIONER
COLLIER COUNTY
. JONES, ESQUIRE
0.200158
RO L & ANDRESS
2320 1 Street, Suite 1000
Fort Myers. FL 33901-2904
(239) 338-4206
(239) 337-0970
ATTORNEY FOR RESPONDENTS
JIMMIE L. ROGERS AND BETTY L.
ROGERS
2
Agenda Item No. 16K5
September 13, 2005
Page 50f6
CERTIFICA TE OF SERVICE
I hereby certify that a true and correct copy of the foregoing has been furnished via U.S.
Mail to the parties listed below on this _day of
,2005.
ELLEN T. CHADWELL, ESQUIRE
Jimmie L. Rogers and Betty L. Rogers
c/o Kenneth A. Jones, Esquire
ROETZEL & ANDRESS
2320 First Street, Suite 1000
Fort Myers,.FL 33901-3419
Collier County Tax Collector
c/o E. Glenn Tucker, Esq.
RHODES, TUCKER & GARRETSON
P. O. Box 887
Marco Island, Florida 34146
3
Agenda Item No. 16K5
September 13, 2005
Page 6 of 6
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY. FLORIDA, a
poli tical subdi vision of the State of Florida,
Petitioner,
Case No. 02-21l8-CA
v.
Parcel No. 200
JEFFREY A. RICHARDSON, et ai,
Respondents.
I
ORDER OT'l AGREED RECOMMEND~D ORDER OF GENERAL MASTER
ON RESPONDENTS' AMENDED MOTION TO TAX EXPERT WITNESS FEES
THIS CAUSE. having come upon the foregoing Agreed Recommended Order of the
General Master, Lawrence Samuel Pi vacek, and the undersigned, having considered the findings
and recommendations therein contained, it is hereby
ORDERED AND ADJUDGED that the Agreed Recommended Order of the General
Master dated
attached hereto as Ex.hibit A be and the same is hereby ratified and
approved;
.
ORDERED AND ADJUDGED that the parties herein are ordered to abide by all findings
and recommendations contained in the Agreed Recommended Order of the General Master, and
the Court hereby adopts each and every finding and recommendation contained therein as the
Order of the Court.
DONE AND ORDERED in Chambers, Naples, Florida, on this _ day of August, 2005.
DANIEL R. MONACO
Circui t Judge
Conformed Copies:
Ellen T. Chadwell, Esq.
Kenneth A. Jones, Esq.
_.
--
Agenda Item No. 16K6
September 13, 2005
Page 1 of 4
EXECUTIVE SUMMARY
Recommendation to approve Agreed Order Awarding Planning Expert Fees and Costs in the
amount of $2,000.00 for Parcel Nos. 142, 742A, 742B, and 942 in the lawsuit styled Collier
County v. Parkway Community Church of God, et at., Case No. 03-2374-CA (Golden Gate
Parkway Project 60027). (Fiscal Impact $2,000.00)
OBJECTIVE: That the Board of County Commissioners approve the Agreed Order Awarding
Planning Expert Fees and Costs as to Parcel Nos. 142, 742A, 742B, and 942 in the lawsuit styled
Collier County v. Parkway Community Church of God, et al., Case No. 03-2374-CA (Golden Gate
Parkway Project 60027).
CONSIDERATIONS: The parties reached a mediated settlement and a Stipulated Final Judgment
was entered on June 16, 2005, by Judge Monaco. Pursuant to S73.091, Fla. Stat., the property
owner is entitled to all reasonable and necessary costs incurred in defense of the eminent domain
proceeding. The property owner submitted invoices for planning fees and costs totaling $2,311.19.
Through negotiation, the parties have agreed to settlement for $2,000.00.
If the settlement is approved, the County is responsible for the following costs:
. Planning Expert Fees & Costs:
TOT AL COST: .
$2,000.00
$2.000.00
See attached Agreed Order Awarding Planning Expert Fees and Costs.
FISCAL IMPACT: Funds in the amount of $2,000.00 are available in the FY 2005 adopted
budget. Source of funds are Impact Fees and Gas Taxes.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDA TION: That the Board of County Commissioners:
1. Approve the Agreed Order Awarding Planning Expert Fees and Costs;
2. Approve the expenditure of funds as stated.
PREPARED BY: Ellen T. Chadwell, Assistant County Attorney
Item Numblr:
Item Summary:
_ing 0...:
Agenda Item No. 16K6
September 13, 2005
Page 2 014
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16K6
Recommendation 10 approve Agreed Order Awarding Ph!lnni'lg ElCpert Fee'6 & Costs. in
amount 01 $2,000 for F>e;rcel& 142, 742A, 7428, & 942 in the II!lMult styled CC v. F'arkway
Commun(ty Church of God. Celt.! No. 03--2314..cA (Golden Gate Pkvwy Project 60027).
QI1312005 9:00:00 AM
0...
Approved By
Kevin Hl)ndrlckf.
Tren.portltion Service.
RIght Of Way Acquisition Manager
Tr.n.portatlon EnglnlMtring and
COf1llltructlon
813120051:18 PM
Eugene Calvert
0...
Approved By
Transportiltlol1$.S.rvices
Pr~n(fi.pAI Profeat Manager
Tr.nl-port.lon fngln.-rlng and
Conl!ltructlon MIMgemem
&1312005 1:45 PM
Approved By
Sharon Ne'NITI.n
T~n.portll:lon Service-a.
Accounting SUPGlViaor
Date
T ran.portation Admlnllltration
813120051:048 PM
Norm E. Fm-dcr, AICP
TfllMpor1mlcn Division Admlnt.trator
Om
Approved By
Tflansportatlcn Serv,cOJ
T rantlportetlon. 8cr\llCQ5 Admin.
814120057:40 AM
Approved B~'
Lilllll TaylOr
Transportation Services
Management/Budget Analyst
Dol.
Tran.partltion Admlnilltratlon
814(2005 3:36 PM
A.-istam CQunty Attorney
Da"
Approved By
Ellen T. Chadwell
County Atton.y
County Attornit)' Offioo
8/12/.20052:16 PM
Admlni~r.et...'e Aul.tam-
Da"
Approved By
OMS Coordinator
County M~ager'lS Offioer
Office of Manlgermcmt & Budget
612412005 4:29 PM
Doto
Approved By
Susan Usher
County MilInagtl-r'. Offlem
Sonlor ManaQllImentlBudget Analym
OffIce of M.anagemLllnt & Budget
8124/200510:38 PM
0...
AplJrOved By
Michael Smykowskl
County Manage-r's Offic@
Manag61'nl:lnt & Budget Director
OffIce of MJrnagmnent & Bl.ldget
8/25/200510:26 AM
County Molnager
0".
AplJro\'ed By
James V. Mudd
Board of County
Cammf1l;&loners
County Manager's Offioe
8130/2005 11 :43 AM
Approved B)'
David C. Weigel
County Attorney
County Attorne)l
County Attorn!;!)' Office
ON
8/301200$ 1 ~46 PM
Agenda Item No. 16K6
September 13, 2005
Page 3 of 4
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, a political
subdivision of the State of Florida,
Case No.: 03-2374-CA
Petitioner,
Parcel Nos.: 142, 742A, 742B, 942
vs.
PARKWAY COMMUNITY
CHURCH OF GOD, et aI.,
Eminent Domain Action
Respondent.
/
AGREED ORDER AWARDING PLANNING
EXPERT FEES AND COSTS
THIS CAUSE, having come before the Court upon joint motion of the parties, Petitioner,
COLLIER COUNTY, and Respondents, P ARKW A Y COMMUNITY CHURCH OF GOD and
HAROLD COUTTS, STANLEY DYKES and LARRY WISDOM, as Successor Trustees, for
entry of an Agreed Order Awarding Planning Expert Fees and Costs, and the Court, being fully
advised in the premises, it is hereby
ORDERED AND ADJUDGED that Respondents, P ARKW A Y COMMUNITY
CHURCH OF GOD and HAROLD COUTTS, STANLEY DYKES and LARRY WISDOM, as
Successor Trustees, have and recover from Petitioner, COLLIER COUNTY, the sum of Two
Thousand Dollars and No/tOO (52,000.00) for planning services with respect to Parcels 142,
742A, 742B and 942; and it is further
ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, shall, within thirty
(30) days from the date of entry of this Order, pay the sum of Two Thousand DoUars and
No/lOO (52,000.00) to Paul A. Blucher, P.A. Trust Account, c/o Law Offices of Paul A. Blucher,
1
Agenda Item No. 16K6
September 13, 2005
Page 4 of 4
P.A, 434 South Washington Boulevard, 2nd Floor, Sarasota, Florida 34236, for proper
disbursement; and it is further
ORDERED AND ADJUDGED that the Court continues to retain jurisdiction to
determine the Defendants' remaining attorney's fees, experts' fees, and costs, to be assessed
against Petitioner in this matter, pursuant to Sections 73.091 and 73.092(2), Florida Statutes.
DONE AND ORDERED in Chambers, at Naples, Collier County, Florida this _ day
of
, 2005.
JUDGE DANIEL R. MONACO
CIRCUIT COURT JUDGE
Confonned copies to:
Ellen T. Chadwell, Esq.
Paul Arthur Blucher, Esq.
Bookkeeping
JOINT MOTION FOR AGREED ORDER AWARDING
PLANNING EXPERT FEES AND COSTS
The Parties hereby respectfully request this Court to enter the foregoing Agreed Order
Awarding Planning Expert Fees and Costs as to Parcels 142, 742A, 742B and 942.
AUL A. BLU HER, ESQUIRE
Florida Bar No: 860409
Law Offices of Paul A. Blucher, P.A.
434 South Washington Blvd., 2nd Floor
Sarasota, Florida 34236
(941) 955-4019; fax (941) 955-4889
Attorney for Respondents
Parkway Community Church of God,
Harold Coutts, Stanley Dykes and
Larry Wisdom, as Successor Trustees
ELLEN T. CHADWELL, ESQUIRE
Florida Bar No. 0983860
Office of the County Attorney
Harmon Turner Building
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400; fax (239) 774-0225
Attorney for Petitioner
Dated:
~7/2b6J
.
Dated:
2
-,
-
Agenda Item No. 16K7
September 13, 2005
Page 1 of 4
EXECUTIVE SUMMARY
Recommendation to approve the Agreed Order Awarding Planning Expert Fees and Costs
in the amount of $2,000.00 for Parcel Nos. 141, 841, and 143 in the lawsuit styled Collier
County v. Primera Iglesia Cristiana Manantial De Vida, Inc., et al., Case No. 03-2372-CA
(Golden Gate Parkway Project 60027). (Fiscal Impact $2,000.00)
OBJECTIVE: That the Board of County Commissioners approve the Agreed Order Awarding
Planning Expert Fees and Costs as to Parcel Nos. 141, 841 and 143 in the lawsuit styled Collier
County v. Primera Igesia Cristiana Manantial De Vida, Inc., et al., Case No. 03-2372-CA
(Golden Gate Parkway Project 60027).
CONSIDERATIONS: The parties reached a mediated settlement and a Stipulated Final
Judgment was entered on June 16, 2005, by Judge Brousseau. Pursuant to g73.091, Fla. Stat.,
the property owner is entitled to all reasonable and necessary costs incurred in defense of the
eminent domain proceeding. The property owner submitted invoices for planning fees and costs
totaling $2,549.13. Through negotiation, the parties have agreed to settlement for $2,000.00.
If the settlement is approved, the County is responsible for the following costs:
. Planning Expert Fee & Costs:
TOTAL COST:
$2,000.00
$2.000.00
See attached Agreed Order Awarding Planning Expert Fees and Costs.
FISCAL IMPACT: Funds in the amount of $2,000.00 are available in the FY 2005 adopted
budget. Source of funds are Impact Fees and Gas Taxes.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners:
1. Approve the Agreed Order Awarding Planning Expert Fees and Costs;
2. Approve the expenditure of funds as stated.
PREPARED BY: Ellen T. Chadwell, Assistant County Attorney
03.0]47/806
Item Number:
Item Summlry:
Mooting 0...:
Agenda Item No 16K7
September 1~, 2005
Page 2 014
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16K7
Reeomml!'nd.1ion to approve the Agreed Order Awarding Planning E.xpert Fees & Costs in
the amoull~ of $2,000 for Parcels '41,841, & 1431n the laW'Bultstyled Collter County II,
Primera IglesIa CrisUena Ma:MIlntial De Vida, Inc., Case No. 03.2372~CA (Golden GQte
Parkway Project 60027),
9113120059:00:00 AM
0...
Approved By
Kevin H&ndrick,
Transportation S.rvices
Righ1 Of Way Acquisition Manager
Tran.portation Englnoorlng IlInd
Co",truotlon
813120061:17 PM
Dole
Approved By
Sholron Newman
Tranlportltlon Services
Accounting Supe-Nlaor
1 ,ansportatlon Adrrintatratlon
8f312006 1:26 PM
Eugene CllIlv&rt
Dole
Approved By
lransportatlon$ S<<vlce$
Principal Project MllInager
lransportation EnglneGring and
ConsUucUon Managernllnt
SJ312005 1 :42 PM
Norm f.. Fedor. AICP
Trlan.portlltlon Division Administrator
0".
AIJprond By
Trllt'lap<>rtation SBfVj(~fUJ
Tra.l18pnrhttfon krvfr-..Sl Admin,
8/4120057:31 AM
Lisa Taylor
ManllgementJBudge.t Analyst
Dote
Approved By
Transportation Servlc88
TransportatIon Admlnisfratlon
0/4120053:37 PM
Approved By
Ellen T. Chadwell
County Attornay
As",lshmt County AttorrMty
County Attorney Office
DOle
8'12120052:17 PM
County Attorney
Dole
81241200512:01 PM
Approved B,"'
David C. Weigel
County Attorney
County Attomey O"~e
Administrative Aaslttllnt
0...
Approved By
OMS Coordinator
County Mlln.~'s; Oftlc:e
Office 01 Management & Budget
812...,20054:34 PM
Mictut61 Smvkowski
Management: & Budget Director
Dole
8/25/2005 10:33 AM
Approved By
County MllInager's Office
OffiCI\! of Managemont & Budget
Approved By
SU.flan Usher
County Manll{lf1lr'to Office
Senior Mi/ln.ilg811l(1nttBudQet Analyst
Dote
OffiCll of Mlln41JOment & Budget
6130(2006 2:2tl PM
Count)' Manager
0...
Approved By
Ja,"e~ V. Mudd
Board of County
Comml..ioners
County Manager's OffIce
Sf3U12005 3:06 PM
Agenda Item No. 16K7
September 13, 2005
Page 3 of 4
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR
COLLIER COUNTY, FLORIDA CIVIL ACTION
COLLIER COUNTY, a political subdivision
of the State of Florida,
Petitioner,
v.
Case No. 03-2372-CA
PRIM ERA IGLESIA CRISTIANA
MANANTIAL DE VIDA, INC., et al.,
Parcel Nos.: 141,841, 143
Respondent.
/
AGREED ORDER AWARDING PLANNING
EXPERT FEES AND COSTS
THIS CAUSE, having come before the Court upon joint motion of the parties, Petitioner,
COLLIER COUNTY, and Respondent, PRIMERA IGLESIA CRISTIANA MANANTIAL DE
VIDA, INC., for entry of an Agreed Order Awarding Planning Expert Fees and Costs, and the
Court, being fully advised in the premises, it is hereby
ORDERED AND ADJUDGED that Respondent, PRIMERA IGLESIA CRISTIANA
MANANTIAL DE VIDA, INC., does have and recover from Petitioner, COLLIER COUNTY,
the sum of Two Thousand Dollars and No/lOO ($2,000.00) for planning services with respect
to Parcels 141, 841 and 143; and it is further
ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, shall, within thirty
(30) days from the date of entry of this Order, pay the sum of Two Thousand Dollars and
Nol100 ($2,000.00) to Paul A. Blucher, P.A. Trust Account, c/o Law Offices of Paul A. Blucher,
P.A. 434 South Washington Boulevard, 2nd Floor. Sarasota, Florida 34236, for proper
disbursement; and it is further
1
Agenda Item No. 16K7
September 13, 2005
Page 4 of 4
ORDERED AND ADruDGED that the Court continues to retain jurisdiction to
determine the Defendant's remaining attorney's fees, experts' fees, and costs, to be assessed
against Petitioner in this matter, pursuant to Sections 73.091 and 73.092(2), Florida Statutes.
DONE AND ORDERED in Chambers, at Naples, Collier County, Florida this day
of
,2005.
Conformed copies to:
Ellen T. Chadwell, Esquire
Paul A. Blucher, Esquire
Terrell R. Raburn, R.A.
Brian R. Brattebo, Esquire
Bookkeeping
JUDGE TED BROUSSEAU
CIRCUIT COURT JUDGE
JOINT MOTION FOR AGREED ORDER AWARDING
PLANNING EXPERT FEES AND COSTS
The Parties hereby respectfully request this Court to enter the foregoing Agreed Order
Awarding Planning Expert Fees and Costs as to Parcels 141,841 and 143.
f/ ~ IfL
PAUL A. BLUCHER, ESQUIRE
Florida Bar No: 860409
Law Offices of Paul A. Blucher, P.A.
434 South Washington Blvd., 2nd Floor
Sarasota, Florida 34236
(941) 955-4019; fax (941) 955-4889
Attorney for Respondents
Primera Iglesia Cristiana Manantial de Vida, Inc.
Dated:
o?lzt~-'
ELLEN T. CHADWELL, ESQUIRE
Florida Bar No. 0983860
Office of the County Attorney
Harmon Turner Building
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400; fax (239) 774-0225
Attorney for Petitioner
Dated:
2
<-
-
----
Agenda Item No. 16K8
September 13, 2005
Page 1 of 3
Executive Summary
Recommend that the Board Authorize the Extension of the Tax Roll Before Completion of the
Value Adjustment Board Hearings Pursuant to Section 197.323, F.S., and Tax Collector's
Request.
OBJECTIVE: Grant the Collier County Tax Collector's request and order the tax roll to be
extended prior to completion of the Value Adjustment Board hearings for the 2006 Tax Year.
CONSIDERATIONS: In 2002, the Florida Legislature amended Section 194.035, F.S., to require
all counties having a population of more than 75,000 to appoint Special Magistrates for the purpose
of taking testimony and making recommendations to the Value Adjustment Board. Pursuant to this
legislative mandate, the Board of County Commissioners and the Collier County School District
have retained special magistrates to hear all petitions regarding exemptions, classifications and real
and personal property valuations during the period of October 14 through November 15, 2005. The
Special Magistrates are required to make their recommendations to the Value Adjustment Board,
which is scheduled to convene on or before October 14, 2005 and in mid to late November to
confirm all recommendations.
Section 197.323, F.S., provides that the Board "may, upon the request of the Tax Collector and by
majority vote, order the roll to be extended prior to completion of value adjustment board hearings,
if completion [of the hearings] would otherwise be the only cause for a delay in the issuance of tax
notices beyond November I." Because it is unlikely that all value adjustment board hearings will
be completed prior to October 15, 2005, the Tax Collector has requested pursuant to Section
197.323 that the Board authorize the extension of the roll. This will allow the Tax Collector to
proceed with the issuance of tax notices by November 1. The Value Adjustment Board will meet in
mid to late November, 2005 to confirm all remaining recommendations and issue all final decisions.
Any adjustment to tax liability arising out of this final meeting will be resolved by the Tax Collector
using the same procedure for the correction of tax bill errors.
FISCAL IMPACT: There is no direct cost to the County's General Fund related to approval of
this request. And while there may be some additional administrative costs incurred by the Property
Appraiser and the Tax Collector, these costs do not impact the County's General Fund.
GROWTH MANAGEMENT IMP ACT: None.
RECOMMENDATION: That the Board of County Commissioners order the extension of the
2005 tax roll pursuant to Section 197.323, F.S., prior to completion of the Value Adjustment Board
hearings for the 2006 Tax Year.
PREPARED BY:
Heidi F. Ashton, Assistant County Attorney, Office of the County Attorney
Agenda Item No, 16K8
September 13, 2005
Page 2 01 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
MMllng o.te:
16KB
Recamme-nd that the Board Authoriz.e the Elrteneion 01 the Tax Roll Before Completion of the
VelUfl Adjustment Board He8rings Pllrsuantto Section 197.323, F.S., and Tax Collector's
Reques.t
9113120059:00:00 AM
Item Number:
Item Sum,..ry:
Prepared By
Heidi F. Ashton
A,sslstant County Attorney
County Attorney Office
Dot.
COUnty Attor".y
7114f2oo5 t:4U:2:4 PM
Approved 8)0'
David C. Weigel
Count)' Attornoy
County Attorntty Otfk:e
ON
County AttDf'noy
131241200:5 12:02 PM
Approved By
County Manager's OffjOfl
OffIce af Management & Budget.
ON
8/2,cnOD5 4:26 PW
OMS Coordinator
Adminlstratiye ABelatan!.
Approved B"
Michael Stnykowalli
Mlnftgement & Budget Director
Daw
County MOllager's Oftice
OffIC0 of MsnlgDnwnt & 8udgftt
a/25/200S 12:11 PM
Approved By
Jame.l V. Mudd
Board of County
Commissionen
County Monagor
Dot.
County Manager's Office
8126(2005 11 :53 AM
Agenda Item No. 16K8
September 13, 2005
Page 3 of 3
qu'f ~. eat~~on. C.F.C.
COLLIER COUNTY TAX COlLECTOR
July 12, 2005
Board of County Commissioners
Harmon Turner Building
3301 East Tamiami Trail
Naples, FL 34112
Re: 2006 Tax Roll
Dear Commissioners:
I have been advised that because of the legislative changes regarding Special Magistrates
and the Value Adjustment Board that the Value Adjustment Board hearings may extend into late
October and early November. As a result, this may delay the date upon which the Property
Appraiser's Office will be delivering the final 2006 tax information to the Office of the Tax
Collector.
Based on these circumstances, I am requesting that the Board of County Commissioners
order that the tax roll be extended pursuant to Section 197.323, Florida Statutes. It is my
understanding that this extension of the roll will allow my office to resolve any tax liability issues
that are subsequently altered by the Value Adjustment Board using the procedures for the correction
of errors.
~Y7~
Guy lton
Tax ollector
COURTHOUSE-BLDG. C-1 · NAPLES, FlORIDA 3(112-4997
www.coIIlertax.com
--
.,-..
Agenda Item No. 16K9
September 13, 2005
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation to Approve a Mediated Settlement Agreement and a Stipulated Final
Judgment to be Drafted Incorporating the Same Terms and Conditions as the Mediated
Settlement Agreement in the Amount of 5750,000.00 for the Acquisition of Parcels 106 and
806 in the Lawsuit Styled CoUier County v. Tree Plateau Co., Inc., et aL, Case No. 03-0519-CA
(Immokalee Road Project #60018) Fiscal Impact: 5335,575.00.
OBJECTIVE: That the Board approve a Mediated Settlement Agreement and a Stipulated Final
Judgment to be drafted incorporating the same terms and conditions as the Mediated Settlement
Agreement as full and final compensation to be paid for the acquisition of Parcels 106 and 806 in
the lawsuit styled Collier County v. Tree Plateau Co., Inc., et al., Case No. 03-0519-CA
(Immokalee Road Project 60018 ).
CONSIDERATIONS: The County acquired the subject property by depositing the sum of
$508,000.00 into the Court Registry on June 6, 2003. The County's last written offer was
$609,600.00 on December 16, 2003. The County and Respondent have negotiated a settlement of
$750,000.00 for full compensation. If the settlement is approved, the County is responsible for the
following costs:
. Additional Deposit/Disbursement Amount:
. Expert Fees:
. Attorney's Fees:
$242,000.00
To be determined
$ 93.575.00
$335,575.00
TOTAL:
Attached is the Mediated Settlement Agreement. The agreement provides for additional conditions
which are simplified and summarized as follows:
1. Owner may request that County convey fee simple title to the owner over the pond
site reserving to County a drainage easement over the pond site;
2. Owner may move or modify the pond onto owner's remainder property provided the
County is given easement rights;
3. If owner re-acquires fee simple ownership, owner will be entitled to a density credit
for the acreage of the drainage pond.
FISCAL IMPACT: Funds in the amount of $335,575.00 are available in the FY 2005 adopted
budget, however, if payment is not made by the end of the fiscal year 2005, then the payment will
be made from the FY 2006 adopted budget. Source of funds are Gas Taxes and Impact Fees.
-
_.
Agenda Item No. 16K9
September 13, 2005
Page 2 of 5
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners:
1. approve the Mediated Settlement Agreement;
2. approve the Stipulated Final Judgment which incorporates the terms and conditions
of the Mediated Settlement Agreement to be presented to the Court for entry;
3. approve the expenditure of funds as stated; and
4. direct staff to make disbursement of the funds.
PREPARED BY: Heidi F. Ashton, Assistant County Attorney
2
hem Number:
h.m Summery:
MMlln; Dote:
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
,6K9
Agenda ItErI'!l No_ 16K9
Seplomber 13, 2005
Page :;. 01 5
Recomme-nd.tion 10 Approve a Mediated Settlement Agrnment and 1'1 Stipulated Flnel
Judgment to be Orllfte-d Incorporating the Same Terms and Condl1ions 8S the Mediated
Settlement Agreement in the Amount 01 $750,000.00 10r the Acquisition of Parcel&- 106 and
806 in the L~wsllil Styled Collier County v. Tree- Plateau Co.. Inc., e1 al Cas" No. 03-0519.
CA (lmmok21lee Roed Project tle001 B ) (Fi8callmpact: $335,575.00.)
9113120059:00:00 AM
Dale
Prepared B,.
Heidi F. Ashton
County AtlorM)'
AplJrond B)'
Sharon N.wman
Tr.an.portatlon Servlca
Assistant County A.ttorney
County Attorrnrry Office
Aecountlng Supervisor
Transportation Admlnlfrtlatlon
7120/2005 12;55;153 PM
"...
7/27t200511:23 AM
waa T 4lylor
0...
Appro,'ed B)'
'Trllnl.portlllion &etvlee.
MlIInl)gementlBudget AnalYl!:t
T ransportlrtion Admlni.tnUon
6/21.2005 6;23 AM
AWroved B"
Kevin Hendricks
Tranaportation Servten
Right Of Way Acquleltion Manage'
Transportation Eng~n..r~ng and
CQostrU(l.tjon
0...
81J12oo5 1; 18 PM
OalO
Approved By
EU9E'ne Calvert
Tranaportatloml SOf"IIloea
Prin~pal ProJect Manager
TraMportaUon EnulrnNlfing and
Construction Ma""gerT'lCllnt
813/2005 1 :43 PM
0...
Apl.roved By
Norm E. Fedl!lr, AICP
Trrmsportatlon Service.
1 ran.portatlon Dlviaion Admlnl.triltor
Trlln8portllltion SeryjCIK Admin
a/4120OS 7:37 AM
0...
Approved B,..
Oayid C. WellJlll
County Attorney
County Attorney
County Attorney Office-
ara41,zoo512:05 PM
OMB CODrdinator
Ollte
Approved B,..
CDunty Manllgtlr'. Qffiae
Admlnistr,atJve AllIii.tant
Offioe or Management & Budget
6124120054;35 PM
All proved B)"
Su.an Usher
County Manlilger'~ Offlc~
Senior Management/Budget Analyst
OffiCII of ManPgiement & Budget
0".
8124'2006 10:31 PM
Mlcholl(!)"1 Smyl<owskl
Oow
Appro,'cd By
County Manager'a Office
Managemllmt & Budget Dlreetor
Office of Management & Budqet
81251200510:36 AM
Approved By
Jatne.$ V. Mudd
BOllrd of County
Commls61onerl
County ManaQGIr
County MJln.lger's Office
Dot.
8126120056<40 PM
Agenda Item No. 16K9
September 13, 2005
Page 4 of 5
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA.
CIRCUIT CIVlL DMSION
COlLIER COUNTY, FLORIDA, a
political subdivi~ion of the State of Florida,
Petitioner.
Case No.: 03-0519-CA
v.
Parcel No.: 106 & 806
TREE PLA1EAU CO., INC.. et al.
Respondents.
I
MEDIA TED SE'ITLEMENT AGREEMENT
At the Mediation Conference held on July 20,2005, the parties reached the following
Settlement Agreement: .
1. Petitioner will pay to Respondent, Mary Walmer. the sum of
$750,000 in full settlement of all claims for compensation from Petitioner whatsoever, including
statutory interest, but excluding attorney's and experts' fees and costs. Said sum will be subject
to claims for apportionment. if any.
2. Petitioner is entitled to a credit in the amount of $508,000 which was previously
deposited in the Registry of the Court in this case by Petitioner.
3. Counsel for Petitioner and Respondent will jointly submit to the Court for
signature a mutually approved Stipulated Final Judgment in this matter as soon as practical
hereafter.
4. Petitioner will pay Respondent the balance due of $242,000 within 30 days of the
actual date of receipt by Petitioner's counsel of a conformed copy of the aforesaid Stipulated
Final Judgment from the Court.
5. Collier County will pay $ 93,575 in statutory attorney's fees pursuant to Section
73.092(1), PIa. Stat. for all monetary and non-monetary benefits. The Court will retain
jurisdiction to deternrine apportionment issues if any, and to determine experts' fees and costs
and supplemental attorney's fees, if any.
'-
- .
Agenda Item No. 16K9
September 13, 2005
Page 5 of 5
6. This Settlement Agreement is subject to review and approval by the Board
of County Commissioners of Collier County.
7. For a period of 10 years from the date of entry of Stipulated Final Judgment,
Respondent, Mary H. Wagner, or her successors or assigns, shall have the right to request, in
writing, that the County convey fee simple ownership of Parcel 806 to Respondent, Mary H.
Wagner, or her successors and assigns, with the County retaining or reserving a drainage, utility
and maintenance easement over Parcel 806. Upon such request, Collier County shall convey a
statutory deed to Respondent, Mary H. Wagner, or her successors or assigns, with a reservation
to Collier County as described in this paragraph.
If Respondent, Mary H. Wagner, or her successors or assigns, exercise the right to obtain
fee simple ownership as described in this Section 7, Collier County agrees that Respondent,
Mary H. Wagner, or her successors or assigns, may amend the drainage pond to add to, move,
alter or modify the drainage pond subject to pe~tting requirements of South Florida Water
Management District, Collier County Development review and any other reviewing agencies all
at the expense of Respondent, Mary H. Wagner, or her successors or assigns. In such event,
Respondent, Mary H. Wagner, agrees to convey to Collier County a drainage, utility and
maintenance easement free and clear of all encumbrances for the pond area outside of Parcel
806. Respondent, Mary H. Wagner, her successors or assigns, shall maintain the quantity and
quality of the County's drainage pond during any alteration or modification of the drainage pond.
Por all joint uses of the drainage pond by Respondent, Mary H. Wagner, or her successors or
assigns, Collier County shall have the right to review and approve the design plans.
Under the Collier County Land Development Code, if Respondent, Mary H. Wagner, her
successors or assigns, holds fee simple title to Parcel 806 and the County has a drainage, utility
and maintenance easement over Parcel 806, then Respondent, Mary H. Wagner, her successors
or assigns, shall be entitled to the development density credit for the gross acreage of Parcel 806
for the purpose of development of the remainder property.
8. This Agreement, dated July 20,2005, and the attached addendum, if any,
contain(s) all of the agreements of the parties.
.A:ttorney or Petitioner
M
Mediator
,-
EXECUTIVE SUMMARY
Agenda Item No. 16K10
September 13, 2005
Page 1 of 7
Recommendation that the Board of County Commissioners Approve the
Stipulated Final Judgment Relative to the Acquisition of Parcel 125 in the
Lawsuit Styled Collier County v. G. Herbst, et ~, Immokalee Road, Project
#60018. (Fiscal Impact: 510,206.00)
OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final Judgment
as full and final compensation to be paid for the acquisition of the easement interests in Parcel 125
for the lmmokalee Road project in the lawsuit styled Collier County v. G. Herbst, et at., Case No.
02-5138-CA
CONSIDERATIONS: The County acquired the subject property by depositing the sum of
$13,500.00 into the registry of the Court on June 6, 2003. The County's last written offer was
$16,200.00 on January 29, 2004. The County and Respondents have negotiated a settlement of
$21,000.00 for full cornpensation. If the settlement is approved, the County is responsible for the
following costs:
. Additional DepositlDisbursement Amount:
. Expert Fees:
. Attorney's Fees:
. Clerk's Service Fee:
TOTAL:
$ 7,500.00
To be determined
2,706.00
None
$10,206.00
Attached is the proposed Stipulated Final Judgment.
FISCAL IMPACT: Funds in the amount of $10,206.00 are available in the FY 2005 adopted
budget, however, if payment is not made by the end of the fIScal year 2005, then the payment will
be made from the FY 2006 adopted budget. Source of funds are Gas Taxes and Impact Fees.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners:
1. Approve the Stipulated Final Judgment as to Parcel 125;
2. Approve the expenditure offunds as stated; and
3. Direct staff to make disbursement of the funds.
PREPARED BY: Heidi F. Ashton, Assistant County Attorney
Item Number:
ItMn SumIMry:
M...lng Dolo:
Agenda lIem No. 16K10
Septe-mber 13, 2005
Page 2 017
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16K10
Recommendation that the Board or County Commiseionftrll Approve the Stipulated Final
Judgment Relative to the Acquisition of P~rcel125ln the Lawautt Styled Collier County v. G.
Herbst. e1 al., ImlOOk...lee Road, ~H)j.ct.a0018" (FlsC8llmpact: $10,206.00)
9/13120059:00:00 AM
0...
Prepared B)'
H"ldl F. Ashton
County Attorney
Anlahnt County Attorn0Y
County Attorney Office
811/2005 2:34:29 PM
Management/Budget Analyst
Date
Approved 0,.
Usa Taylor
Tr.nsportatlon Senri(:lt$
Tr."aportlltion AdmlnistratlQl't
3f2t2005 8:21 AM
Kevin Hendrick6-
0...
Approved By
Transportation Service.
RJght Of Way AO(lui.iIIon MlJf\ager
"ran.portlllt~on Engineering .nd
Cotultructlon
&1312005 1:18 PM
Approved By
Eugene Cal....ert.
Tr.llnsport8tIOOl~ SlllfVices
Oat.
Principal Project Manager
Transportlltioll Engineering and
COl"llltructlon ManElgGJ11etnt
81312005 1:44 PM
Aocounttng Supe-rYi.llor
0...
Approved By
Sharon Newman
Transportation S.rvice,
Trana:pOJUtlon Admlnlltration
813J2005 1 :45 PM
Norm E. Feder, AICP
Tran.portatlotl Dlviaion Administrator
0,""
Approved By
Tran.partltion Service'
Trlllnllpol1atlon Services Admin,
814120057:39 AM
Approved B).
Oiwid C. Weigel
County Attorrwy
Datv
Caunty Atlortvty
County Attorney OffIce
81241200.5 12'.07" PM
Administrative ASlllltant
Oat.
Approved By
OMS Coordlna1or
County Manager'. Offlol!!
Office of Man.gl!tml!tnt& Budget
8124f2{]05 ':36 PM
0...
AIJIJroved By
Susan Usher
County Manager's Office
Senior Management/Budget Annlyst
Office of Management & Budget
8/2412005 10:35 PM
0'"
Approved By
Michael Smykowskl
County Manager's Office
Management & Budget Dlre-etof
Office at Managlltrne-nt 8. Budget
8/2151200510:26 AM
County Manager
0...
Approved By
James V, Mudd
Board of County
Commisf.loller"
County MlIruager'. Of1'lc(8
8127/2005 10:41 AM
Agenda Item No. 16K10
September 13, 2005
Page 3 of 7
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COILIER COUNTY, FLORIDA, a
political subdivision of the State of
Florida,
Case No.: 02-5138-CA
Petitioner,
Parcel No.: 125
vs.
G. HERBST, et aI.,
Respondents.
/
STIPULATED FINAL JUDGMENT
THIS CAUSE having come before the Court upon Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, by and through the undersigned counsel, and Respondents,
NICHOLAS TSALES and BARBARA A. BURNETT -ROTHENBUlll.ER, by and through their
undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel 125, and it appearing to.
the Court that the parties are authorized to make such motion, the Court finding that the
compensation to be paid by Petitioner, COLLIER COUNTY, FLORIDA, is the full compensation
due Respondents, NICHOLAS TSALES and BARBARA A. BURNETT-ROTHENBUHLER, and
the Court being otherwise fully advised in the premises thereof, it is thereupon,
ORDERED AND ADJUDGED that Respondents, NICHOLAS TSALES and BARBARA
A. BURNEIT-ROTHENBUlll..ER, have and recover from Petitioner, COLLIER COUNTY,
FLORIDA, the sum of Twenty-One Thousand Dollars and No/I00 ($21,000.00) for Parcel 125 as.
full payment for the property interests taken and for damages resulting to the remainder, if less than
the entire property was taken, business damages, and for all other damages in connection with said
parcel; it is further
Agenda Item No. 16K10
September 13, 2005
Paqe 4 of 7
ORDERED that Respondents, NICHOLAS TSALES and BARBARA A. BURNETT-
ROTHENBum..ER, receive from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Two
Thousand Seven Hundred Six DoUars No/IOO ($2706.00) for statutory attorney fees pursuant to
Section 73.092, F.S., for Parcel 125; it is further
ORDERED that the Court reserves jurisdiction to award expert fees and costs incurred in the
defense of this case pursuant to Section 73.091, F.S.; it is further
ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, has previously deposited the
amount of Thirteen Thousand Five Hundred Dollars and No/tOO ($13,500.00) into the registry
of the Clerk of the Circuit Court toward the acquisition of Parcel 125 at which time title to said
parcel as described in Exhibit "A" vested in the name of Petitioner; it is further
ORDERED that within thirty (30) days of receipt by Petitioner of the Stipulated Final
Judgment entered by the Court, Petitioner, COlLIER COUNTY, FLORIDA, shall disburse the total
amount of Seven Thousand Five Hundred Dollars and No/loo ($7,500.00) to the BRIGHAM
MOORE mUST ACCOUNTc/o John W. Little, m, Esquire, 250 South Australian Avenue, Suite
1601, West Palm Beach, Florida 33401 for the balance of full compensation due to Respondents,
NICHOLAS TSALES and BARBARA A. BURNETI -ROTHENBUHLER, it is further
ORDERED that within thirty (30) days of receipt by Petitioner of the Stipulated Final
Judgment entered by the Court, Petitioner, COLLIER COUNTY, FLORIDA, shall disburse the total
amount of Two Thousand Seven Hundred Six Dollars No/loo ($2706.00) to JOHN W. LITTLE,
III, Esquire, Brigham Moore, UP, 250 South Australian Avenue, Suite 1601, West Palm Beach,
Florida 33401 for statutory attorney fees; it is further
ORDERED that within thirty (30) days of receipt of the Stipulated Final Judgment entered
by the Court, the Clerk shall disburse the total'. amount of Thirteen Thousand Five Hundred
Dollars and No/tOO ($13,500.00) to the BRIGHAM MOORE TRUST ACCOUNT c/o John W.
Little, ill, Esquire, 250 South Australian Avenue, Suite 1601, West Palm Beach, Florida 33401 for
Agenda Item No. 16K1 0
September 13, 2005
'.
_ _ _ E.9Be 5 of 7
the benefit of Respondents, NICHOLAS TSALES and BARBARA A. BURNEIT-
ROTHENBUHLER, it is further
ORDERED that title to Parcel 125, a fee simple easement, being fully described in Exhibit
"A" attached hereto and incorporated herein, which vested in Petitioner, COLLIER COUNTY,
FLORIDA, pursuant to the Order of Taking dated May 22, 2003, and the deposit of money
heretofore made, are approved, ratified, and confirmed; it is further
ORDERED that the Notice of Lis Pendens filed in this action and recorded in Official
Record Book 3178, Page 1223, et seq., of the Public Records of Collier County, Florida be
dismissed as to Parcel 125; it is further
DONE AND ORDERED in Chambers at Naples, Collier County, Florida this _ day of
, 2005.
CIRCUIT COURT JUDGE
Conformed Copies:
Heidi F. Ashton, Esquire
John W. Little, III, Esquire
E. Glenn Tucker, Esquire
Kevin Hendricks, Acquisition Mgrffransp.
Bookkeeping
Agenda Item No. 16K10
September 13, 2005
Page 6 of 7
JOINT MOTION FOR STIPULATED FINAL JUDGMENT
The parties hereby stipulate and respectfully request this Court to enter the foregoing
Stipulated Final Judgment as to Parcel 125.
Dated:
Dated:
(jJ
JOHN W. LITTLE, III, ESQUIRE
Florida Bar No.: 384798
BRIGHAM MOORE, LLP
250 South Australian Avenue, Suite 1601
West Palm Beach, FL 33401
(561) 832-7862 - Telephone
(561) 832-7860 - Facsimile
ATTORNEY FOR RESPONDENTS
HEIDI F. ASHTON, ESQUIRE
Florida Bar No.: 966770
OFFICE OF TIlE COUNTY ATTORNEY
Harmon Turner Building
3301 East Tamiami Trail
Naples, FL 34112
(239) 774-8400 - Telephone
(239) 774-0225 - Facsimile
ATTORNEY FOR PETITIONER
r
Notes:
--:"
I
. 10~ R/W
r
-IMMOI<.&EE ROAD
S.R. 646
~
:l
J40
81
I=UltO
w.w.....
z:..:Jo
0:::<.....
~Ul .
lDl-'"
Cl..
.(/)
<<to
-..JO
<om
~:I: .
(]JS2o:;
o:::Zo
<
CIl
1. ThIs. Is not a survey.
2. .8asls of bearing Is N/A.
3. Subject to easements, reservatfons and
restrIctions of record.
DESCRIPTION:
The'Northerly 78:36 feet. of the East 125'
feet, of the West 660 feet of the
Northwest 1/4, of the Northwest 1/4 of
the Northeast 1/4, less the North 100
feet, previously dedIcated for State
HIghway 1846, SectIon 3D, Township 4-8
South, Range 27 East, Collier County,
FlorIda. Containing 0.225 acres more or
lesa.
SCALE
EX~IT -L..
Pegi::.&....DC ...J.l,.;..
FEE SIMPLE
INTEREST
~..
o
50-. 100 150
~
NOT TO SCALE:
t'
. ,
Iif
DAVID J. Y . P. FOR lliE FlRW)
Fl.A. Uc. N . 55304-
NOT VAUD lliOUT lliE S1GNAlVRE AND
1HE ORIGINAL RAISED SEAL OF A FlORIDA
UCENSED SURVEYOR AND IolN"PER
SKETCH AND DESCRIPll0N
WILKISON &
A.SSOCIA. TES-
INC..
ENGINEERS, SURVEYORS ANO PLANNERS.
3!lOll EXCHANGE AVE; NAPLES, Fl.A. 34104
(941) 643-204- FAX NO. (9+1) 843-5173
FlORIDA BUSINESS UCENSE NO. LB5770
SEC SUB W.O. NO. DRAWN BY FlLE NAME
AS NOTED 30/46/27 0014.1
FB PO CHECKED BY
EAW
00-01 B-OO.DWG
Owo. NO.
IR-L-125
DATE
REVlSEO 4/25/02 10/01
SHEET
1 OF 1
DJH
Agenda Item No. 16K10
September 13, 2005
Page 7 of 7
~I.
.J
.--
---
EXECUTIVE SUMMARY
Agenda Item No. 16K11
September 13, 2005
Page 1 of 6
Recommendation to Approve a Stipulated Final Judgment as to Parcels 178A
and 1788 in the Amount of $258,000.00 in the Lawsuit . Styled Collier County v.
Roberto Bollt, Successor Trustee of the Land Trust Agreement dated 1/26/86., et
aL, Case No.02-2217-CA (ImmokaleeRoadProject No. 60018). (Fiscal Impact:
$93,550.00)
OBJECTIVE: That the Board of County Commissioners approve a Stipulated Final Judgment in
the amount of $258,000.00 for payment of full compensation for the taking of Parcels 178A and
178B in the lawsuit styled Collier County v. Roberto Bollt, Successor Trustee of the Land Trust
Agreement Dated 1126186.~ et al., Case No. 02-2217-CA (Immokalee Road Project No. 60018).
Additional cost to the County is $93,550.00 after credit for amount deposited.
CONSIDERATIONS: The County acquired the subject property by depositing the sum of
$164,600.00 on September 19, 2002. The County and Respondent have negotiated a settlernent of
$258,000.00 for full compensation inclusive of attorney's fees and costs. If the settlement is
approved, the County is responsible for the following costs:
· Additional DepositlDisbursep1ent Amount:
. Expert Fees:
· Attorney' sF ees:
· Clerk's Service Fee:
TOTAL:
$93,400.00
Included
Included
150.00
$ 93,550.00
Attached is the proposed Stipulated Final Judgment. This settlement amount also includes fees and
costs for the case of Collier County v. Roberto Bollt, et al., Case No. 00-0142-CA (Randall
Boulevardlntersection Improvement Project).
FISCAL IMPACT: Funds in the amount of $93,550.00 are available in the FY 2005 adopted
budget, however, if payment is not made by the end of the fiscal year 2005, then the payment will
be made fromthe FY 2006 adopted budget. Source of funds are Gas Taxes and Impact Fees.
GROWTH MANAGEMENT IMP ACT: None.
RECOMMENDATION: That the Board of County Commissioners:
1. Approve the Stipulated Final Judgment as to Parcels 178A and 178B; and
2. Approve the expenditure of funds as stated.
PREPARED BY: Heidi F. Ashton, Assistant County Attorney
Item Number:
,..... _""'1:
MII.tin g Date:
Agenda Item No. '16K11
. September 13, 2005
Page 201 6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16K11
Recommenda1ion to Apprn...e 8 Stipulated Final Judgment as to Paroel5 178A and 17861n
the Amount of $258,000.00 in the lawsuit Styled Collier County v. Roberto 801ft, Successor
Trustee of the Ll.!md Trust Agreement dated 1/26/86, et al.. Case No. 02-2217.CA
(Immokolee Road Project No. 60018). (Fiscal Impact: $93,550,00)
9/13120059:00,00 AM
Oat.
Prep. red B"
Heldl F. Aahton
County Attorney
Approved By
Eugene Calvert
Trllnsporl8tlons Servicftt;
A89llJtant County Attorney
County Attorney Office
8MOl2005 10:05:26 AM
Principal Project Man89f!r
Transportation EngjoHrinlJ IlOd
Con..Muction ManAgen1fmt
Dale
6(1012005 6:01 PM
Oat.
Approved By
Norm E. Fedor, AICP
TrBnsportaUon Service..
"rD".portartion DivIsion Admtnlst,ato,
Trlllnsportatlon Servk:a Admin.
811212006 7:0'3 AM
Dale
Approved By
Sharon Newman
TransportatIon Sitrvlces
Aecounting Supt"rvifior
Transportation Admlnlstrllllon
8/121'2005 3:58 PM
Date
Approved B)'
Lialil Taylor
TUilfuportlilUon SQrvlcea
Manl!lgernentfBudge1 Anltlyct
TrllnsportmiQn Admlnietr8tion
8/181200511 :39 AM
Oat.
Approved B)'
Kevin Hendricks
rranaporhrl.lnn SerVlo8$
Right Of WillY Acquisition Managor
Transportation Engi"eer~ng and
ConltruQtlon
8/1612005 4:~ PM
ON
Approved By
David C. Wefgel
County Attorney
County Attorooy
COlIntv Attort'lCl'y Orriel!!
8/241200512:10 PM
0"'"
Approved By
OMS Coordinator
County Man.ger's Office
AdminlatratlveAulstont
Office or Ma".gement & Budget
8124120054;37 PM
Approved By
Suun Uther
County Manager'. Office
Senjor Marutgam&ntlBudg.&t Analylit
Offlce of Management & Budget
0"'"
8/24/200510:44 PM
0...
Approved By
Michael Smykowskl
County Manager's Offjce
Management & 8Udee1 Djr~cttH
Office or Mall8goment & BUdget
8/251200510:39 AM
0410
Approved B~'
JlllllOlI V. Mudd
Board 01 County
CommissIoners
County Manager
County Manager's Office
81271200511:12 AM
Agenda Item No. 16K11
September 13, 2005
Page 3 of 6
IN THE CIRCtJ1T comq O:r TilE TWltlYr1ltm Jt1DIaAL ClR.CUlT
IN AND FOR COLLIER COUNTY. FLORIDA
.COUJER COUNTY, FLORIDA. a
PoUtica1 iabdivision of tho state otPlorlda,
Petitioner, .
Cue No.. OZ--11l1-CA
VI. .
Pan:e1r. .17lA&178B
ROBERTO BOLL T,' Successor Trustee ofthc
Land Tmst.Agraemmt ~d 1126/86,
. .
~.
I
. IIIt,ULATED FWAkJUD9MENT
THIS CA17SB'havina cOme on upon joint motion for the cnttyof a Final Judgro~t
made by Petitioner, COLLlBR COUNTY. FLORIDA. and ReapondeDt, ROBBRTO :8C>ILT.
SUcccssO~ Trustee ot the LaJid Trl.1it Agreement dated 1126/86, u the owner of Parcels ..178A 8L
178b, it sppearing to tho Court that tho pattics w=ra authorized to entcc into such motion. and tho
Court fiiKting that the corripcmsation to bo paid and other consideration to be ptnvided as sOt fOrth
. heteinby PenooJier il1W.1, just and reasonable for all parties concerned. and the Court being1UIly
adviled in'the promises. it is thcroforo
OanBR.:a:D AND. ADJUDGED that Relpo~cient. R.OBb.TO BOUT, does have and
recover of and .from Petitioner tho sum of Two Hundred Fifty Et&ht TkoUJaDd and NollOO
DoDan ($2S8,OOO.00) in .full payment ibr the property taken. ~r-~ as Parcels 178A & 178b, .
and for all othel' damliCl of any kind and nature, and including aU a.ttomcy fc~s and oxpert fees and
costs. TI18 tOtal compensation paid pursuant to this final judgment also constitUtes payment or any
"
d LZOLSZZl09 'ON!8Z:9( 'lS/Bl:9~ 900a B B (NOW)
WOH~
Agenda Item No. 16K11
September 13, 2005
Page 4 of 6
8i1d' all outstancUng .expert feel ai1d costs in another caso in this ciicuit styled, ColUer County v.
R.obOrto Bollt, Case No. Oo..014Z-CA (psreell01).
OlWBRBD tbatPeti.tioD8I;.COLLIBR. COUNTY, FLORIDA. is entitled to acroditofOD.e
Hlllulred Shtj Foar Tko..... Six Badred and No/lOO DoUan (5164.600.00), which was
deposited in the Registry of the Court in accordance wi~ the Old~ ofTakingand withdrawn bytheJ
.R.espoudent; it is fbrther
.
. ORDmum thatP~J COI...LIER.CO'UNTY, PI.ORID~ iha11 depo8itthesum af'Ninaty
Three Tho..nd POllr audred ...d No/lOO Dollars ($'3.400~OO) infq Ibe RcIistrY offhc Court.
. .
Res;Pondent sball be re8pODlible tor obtairiing an order for distribution of tho monies deposited into
the Registry otthe COurt. or for apportionment, ifneceuiry. No furth.er 8Upplemental.atto~Oy fees
or costs ~hall be paid for obtaining slid order; it it fbrther
ORDERBD that titlo to ~ 17M & 178B being ~y d.eacribod in Exhibit "'A" Rffacbed
hereto ancl i1:rcorporated hemin, which vested in ~e1itiomr, COLLIBR. COUNTY, FLORIDA.
;p~ to the Order ofTa1(ing dated September 5t 2002. aD$l.the deposit of money heretoforemade.
is approved, ra~~ and. confimied; it is iurt:hor
. ...
ORDBRBD tbi.t the Notioo of Lis Penden8 filod in the abovc-styled oa.useand recorded in
Official RDcord B~k 3050. Page 1415, of the Public Records of Collier County. Florida be
dismissed as to Parcell 178A & 178B; and it is 1Urtber
ORDBRBD that this Stipu18.ted Fina11udsmcmt is to be recorded.in tho Official R.ccordJ of
Collier County, Florida.
d lZOlE~Zl09'ON/~l:9~ 'lS/5l:9l SOOl 8 8 (NOW)
WO~:l
Agenda Item No. 16K11
September 13, 2005
Page 5 of 6
DONI ANI> OBDBRBD in CJllqJ)berla.t the Collier County CoudholJie, NaplesJ Flod.d.. on
t1dJ _ d&yof
. zoos.
Teel BrouaIeIu
ei=Dit COurt!..
CodmD.,d copieltv:
. .
Heidi Ashton. Bsquiro
18ckr" H..B "MWro .
. em, .~~..
Ci1ia B. wmu. Baqub:e
H.. 01= TucDr. .
Bo~
d aOLSZZlOS'ON/SZ:91'lS/aZ:9t 900Z B 8 (NO~)
~O~d
Agenda Item No. 16K11
September 13, '2005
Page 6 of 6
Petitioner. COLI.IBR COUNTY~ mdRespOl1dem, R.OB.BB.TO BOLLT, by and tbroUlh their
.
L1lIpcetivc OOUDIal, aJQVD .lbr ~ of tho f'orc.lOfac SIipIJIa.tecl PbIaI.ruqmem
DA~1hiI~dq~ A"j OUr .2005.
II
~~~ ._~~"
,. ,
"aD ' Ilt......~_
" ~ .....-..
:Pk1ridI.BII'No.143715 '
BriP..~!l.oare. LLP
1780 102ac1.Avea.ue Noph, SUIte 100
at. P~PL 3371'6
Telephoae: (727) 579-9000
~o:.CJ27) 51N400'
~ f'.ot1ti:spOa4cm
"fa,~
l'1oridaBar ' Oa OZS16S6 .
PfxeLw.fre" WlUis .
211 s. OIdldaa Stroe~
,.,.nllh.~ PI. 32301.
Nephone: (8S0l6It...l800
PlClimiI= (850) ~ l-P017
AttomtIy 1br Peti~
.
.
SPI~.osol"l\S4
.
.
d LGOLBGG~D9'0N/S~:9~ 'lS/6~:9~ SOO~ 8 9 (NOW)
WO~d
... -... ., - - - .. - - .-........ -.. -.... -" - -- - - -.. -- - - -. --.. .. ...... -- - - - - . -'..
,p'-"
...-
.-
Agenda Item No. 16K12
September 13, 2005
Page 1 of 9
EXECUTIVE SUMMARY
Recommendation to approve the Mediated Settlement Agreement in the amount of $115,000
for Respondent, Louise V. Taylor, Trustee, u/a/d 9/16/87, Parcel No. 156 in the lawsuit styled
Collier County v. Andy R. Morgan, et ai., Case No. 02-5169-CA (Immokalee Road Project
60018). (Fiscal Impact $45,246.20)
OBJECTIVE: That the Board of County Commissioners approve the Mediated Settlement
Agreement for payment of full compensation for the taking of Parcel No. 156 in the lawsuit styled
Collier County v. Andy R. Morgan, et al., Case No. 02-5169-CA (Immokalee Road Project 60018).
CONSIDERATIONS: The County acquired the subject property by depositing the sum of
$79,700.00 on May 23,2003. The County's initial written offer was $72,300.00. At mediation the
County and Respondent negotiated the proposed settlement of $115,000.00 for full compensation
and all expert fees and costs for the taking of Parcel 156. Petitioner agrees to pay Respondent the
sum of$9,946.20 as full settlement of any and all claims for attorneys' fees in this case.
If the mediated settlement is approved, the County is responsible for the following amounts:
· Additional Compensation/Planning & Appraisal fees and costs:
· Attorney's Fees *:
TOTAL:
$35,300.00
$ 9.946.20
$45,246.20
* Attorney's Fees are mandated by s. 73.092, F.S., and are based on 33% of the difference between
any settlement amount and the initial offer, i.e., 0.33 X ($102,440 - $72,300).
A copy ofthe Mediated Settlement Agreement is attached hereto.
FISCAL IMPACT: Funds in the amount of $45,246.20 are available in the FY 2005 adopted
budget, however, if payment is not made by the end of the fiscal year 2005, then the payment will
be made from the FY 2006 adopted budget. Source of funds are Impact Fees and Gas Taxes.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners:
1. Approve the terms of the Mediated Settlement Agreement;
2. Authorize entry of a Stipulated Final Judgment based on the terms of the Mediated
Settlement Agreement, and authorize payment accordingly;
3. Approve the expenditure of funds as stated.
PREPARED BY: Ellen T. Chadwell, Assistant County Attorney
Item Number:
Item 8umrnory:
Meeting D_:
Agenda Item No. 16K12
September 13, 2005
Page 2 of 9
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16K12
Rtmommenda1iun to approve the MediAled Settfemenl Agreement In fhe amount af $115,000
for Respondent Louise V, Taylor, Trustee, Parcel No. 156 in tl1Ell8W1ult styled Collier County
v. Andy Morgan, ~t II., Cftse No. 02-5169-CA (Immokaiee Rd Project 60018). (Fis<:ellmpect
$45,246.20)
9113,~006 9:00:00 AM
Oatlt
Approved B~'
Norm E, Feder, AICP
Transportation Service&
Transpol'tlttion Division Administrator
Tran.pol1ation Services Admin.
8/24120054:10 PM
Kevin Hendricks
Dale
Approved By
Trlnsportatiotl Services
Right Of W..y AcquisitIon Manager
Transportation Engl"ftrlng and
COnlt-r1Jctlon
B124'2005 4:40 PM
Approved B"
Shllron Newmnn
Transporllltlon S.rvic;e,a;
Accounting Supervisor
0,,"
8124120054:56 PM
TranspOttDtlon Adrnlnlatratlon
0...
Approved By
Eugene Calv~rt
Transportatiol'l$ Servlcftl5
Prtncipat Project Manag~r
Transportation ~ng~neering and
Construction Manag4tment
B125f200G 7:10AM
A..lstant County Attorney
Oote
812512005 5:4.5 PM
Approved By
Ellen T. Chadwell
County Attorney
COUnty Attorney Off'u
Dote
Approved By
DaWd C. Weigel
County Attorney
County Attorney
County Attorney OffiCI!
8/30/200510:60 AM
0...
Approved By
OMS Coordinator
County Man.r'. Office
Approved By
Su.o n U .het
County Mllnager'lIi Office
Adminl.tratl..... Assistant
omee of Manllgement & Budget
8/30/200511:02 AM
Se-nlor ManaglllmentrBudgllll Analyst
Offlc:e at Manag4m1ent & Budget
Oote
81'30120052:53 PM
0...
ApprDved By
MlchMl Smykowskl
County Man.ger's Office
Management & 800gat Director
omce of Management & BUdget
8JJ112005 10~4l AM
0....
Appro\'cd By
Ja!Tltf3 V. Mudd
BDard of County
CommislIionol'5
County Manager
County Manager's Office-
8/3112005 2:56 PM
Agenda Item No. 16K 12
September 13, 2005
Page 3 of 9
IN THE CIRCUIT COURT OF TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COILIER COUNTY, FLORIDA, a
Political subdivision of the State of
Florida,
CASE NO.: 02-S169-CA
Petitioner,
PARCEL NO.: 156rraylor
v.
ANDY R MORGAN, et al.,
Respondents.
I
MEDIATED SETILEMENT AGRF.FMENT
At a Mediation Conference held on August 18, 2005, the parties reached the following
Settlement Agreement:
1. Petitioner will pay Respondent(s), Lou Is€" ~ Jar lor . a~ '11u~ nf-dte,.
I- i ~ r I- -'.A'" CA Ja 9 "'
the sum of 1/ 00. ~ in full settlement of any and all claims for compensation
from Petitioner whatsoever, including statutory int~ ll\lt sekKItBg .tttv...u"'J '~ M~, c.x.pcrts' fees
;47,:;-:-~J,e;J/:f.t:/::~~~::;::JtJ7eb~*
f.l'/TfT~I,p~ 7" .ms, C05IL- .
2. Petitioner is entitled to a credit in the amount of " 7~ 71)0. o~m which was
previously deposited in the Registry of the Court in this case by Petitioner.
3. CounselforPetitionerandRespondent(s)willjointlysubmit to the Court for signature
a mutually approved form of Stipulated Final Judgment of this matter as soon as practical hereafter.
4. Petitioner will pay Respondent(s) the balance due of J "15: a.LI'. ~oj{)() within
thirty (30) days of the entry of the Stipulated Final Judgment by the Court.
Pa~ 1 of 6
Agenda Item No. 16K12
September 13, 2005
Page 4 of 9
S. TIle Cew:t ~:JiU ~;J!l jliriS&f.Mi8:aBereitl as te t:ke matk-l vfR.G3l'esSeat!.s
9t1;orn...y'r Res, 'i"'y-tB' fees, and ee.~
5: f. Attached hereto is an Addendum to the Agreement
/
Yes
No
6. ,. This Agreement and the attached addendum, if any, contain( s) all of the
agreements of the ,arties.
~J<- l/.
Respondent
~
A~.~
Attorney for Petitioner
~.~
M ator
'Pap-~ot 3
Agenda Item No. 16K12
September 13, 2005
Page 5 of 9
ADDENDUM TO MEDIATED SETTLEMENT AGREEMENT
This settlement is made subject to the following additional conditions:
/. l1zis ~~~ /5 5~1v 'J??ll'yaJ Pi 7'lt2-8xLd
of ~ady aMIHI~~/b/f;?~ tJf (;f/;~;- 0itJ1/75 ~,;da
"J<:
Respondent
P oner
J~.~ ff~
;fpt~
f~3~-f3
,.....-
Agenda Item No. 16K12
September 13, 2005
Page 6 of 9
IN THE CIRCUIT COURT OF THE TWENTmTH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, a political
subdivision of the State of Florida,
Petitioner,
Case No.: 02-S169-CA
v.
Parcel No.: 156
ANDY R. MORGAN. ct al.,
Respondents.
/
STIPULATED FINAL JUDGMENT
nus CAUSE having come before the Court upon Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, by' and through its undersigned counsel, and Respondent,
WUISE V. TAYLOR. AS TRUSTEE OF TIlE LOUISE V. TAYLOR LIVING TRUST U/AID
9/16/87, (hereinafter "TAYLOR") by and through her undersigned counsel, for entry of a Stipulated
Final Judgment as to Parcel No. 156, and it appearing to the Court that the parties are authorized to
make such Motion., the Court finding that the compensation to be paid by Petitioner is the full
compensation due to TAYLOR and the Court being otherwise fully advised in the premises thereof.
it is thereupon
ORDERED AND ADJUDGED that TAYLOR have and recover from Petitioner,
COLLIER COUNTY, FLORIDA, the sum of ODe Hundred FIfteen Thousand and No/lOO
DoUars ($115,000.00) for Parcel No. 156 as full payment for the property interests taken and for
damages resulting to the remainder, if less than the entire property was taken, business damages,
and for all other damages in connection with said)!JItt'Cel, expert witness fees and all defense costs; it
is further
Agenda Item No. 16K12
September 13, 2005
Page 7 of 9
ORDERED that Petitioner will be entitlod to a credit for the good faith estimate of value
previously deposited in the amount of $79,700.00; it is further
ORDERED that TAYLOR shall receive pursuant to Florida Statutes ~73.092(1), as a
reasonable attomey~s fee, the sum of Nine Thousand Nine Hundred Forty-8ix and 201100
DoDan (59,946.20). Except as provided hcre~ no attorney's fees or other costs shall be awarded
in connection with the above-styled cause of action as it relates to Parcel No. 156; it is further
ORDERED that, within thirty (30) days of entry of this order, Petitioner shall pay T AYLOR
the total amount of Forty Five Tbousand Two Hundred Forty-siX ad 2oilOo Dollan
(545,246.20) made payable to Roetzel & Andress Trust Account, c/o Kenneth A Jon~ Esq'J
Roetzel & Andress, 2320 First Street, Suite 1000, Ft. Myers, FL 33901-2904, for proper
disbursement; it is further
ORDERED that title to Parcel No. 156, a fee. simple, being fully described in Exhibit "An
attached hereto and incorporated herein, which vested in Petitioner, COLLIER COUNTY, pursuant
to the Order of Taking dated May 13, 2003, and the deposit of money heretofore made, is approved~
ratified, and confirmed; it is further
ORDERED that the Notice of Lis Pendens filed in the aboveMstyled cause and recorded in
Official Reoord.Book 3178~ Page.2225 ofthe.Public R.ecordaofCollier County, be dismissed as to
Parcel No. 156; it is further
ORDERED that pursuant to Section 74.051(3), F.S.. the Clerk of Courts shall disburse the
sum of $
. interest earned on the funds on deposit, to Collier County Board of County
Commissioners, clo Ellen T. Chadwell, Assistant County Attorney, Office of the County Attomey~
3301 East Tamiami Trail, Naples, FL 34112. less any sums retained by the Clerk of Courts up to
100,10 in accordance with Section 28.33. F.S.; it is further
2
Agenda Item No. 16K12
September 13. 2005
Page 8 of 9
ORDERED that the terms of Mediated Settlement Agreement entered into by the parties
on August 18, 2005, are incorporated herein and made a part hereof; it is further
ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of
Collier County, Florida; it is therefore
DONE AND ORDERED in Chambers at Naples, Collier County, Florida. this
day of
. .2005.
JUDGE TED BROUSSEAU ...
CIRCUIT COURT JUDGE
Confonned copies to:
Ellen T. Chadwell, Esquire
Kenneth A. Jones, Esquire
Corneast Cablevision of the South, Inc., a Colorado Corp.
E. Glenn Tucker, Esquire
Bookkeeping
JOINT MOTION FOR STIPULATED FINAL ~MENT
The Parties hereby stipulate and respectfully request this Court to enter the foregoing
Stipulated Fina11udgment as to Parcel 156.
Dated:
. JONES, ESQUIRE
0.200158
ROET ANDRESS
2320 1 Street, Suite 1000
Fort Myers, FL 33901-2904
239/338-4206
239/337-0970
ATTORNEY FOR RESPONDENT
LOUISE V. TAYLOR, AS TRUSTEE, U/AID
9/16/87
ELLEN T. CHADWELL, ESQUIRE
Florida Bar No. 0983860
COUNfY A TIORNEY'S OFFICE
Harmon Turner Building
3301 East Tamiami Trail
Naples, Florida 34112
239/774-8400 - Telephone
239/774-0225 - Facsimile
ATTORNEY FOR PETITIONER
COLLIER COUNTY
3
EX o,16K12
r13, 2005
I -17 age 9 of 9
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3. Subject to easements,
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. "'::,. 5. U.E. Represents UtilIty I
Easement. \
, , "Description:
.- " ,Thll 'Northerly '323.89 feet of Tract 9, Golden Gate,
Estates, UnIt 20, all Recorded In Plat Book 7, Page
BO, of the Public Records of. Collier County, Florida.
Containing 2.457 acres, more or less, ..,
AVlO J. H ,
FLA. 'ue. NO. S
NOT VAUO WITHOuT 'THE S1GNAlURE AND
THE ORIGINAL RAISED SE~L 01" A FLORIDA
UCENSED SURVEYOR AND MAPPER \
SKETCH AND DESCRIPTlON . 'i I
, WILKISON &: I
ASSOCI TES' ,
NC.- \
ENGINEERS, SURVEYORS AND PLANNERS
3505 EXCHANGE AVE. NAPLES. F'lA. 341 04 I
(941) 643-2404 FAX NO.. (941) 643-5173 "
FLORIDA BUSINESS UCENSE NO. ~70. ,
SCALE SEe SUB w.o. NO. DRAWN BY FILE NAME
REVISED 2/11/02
DAlE
10/01 ·
GGE 20 001 4.1 EAW OD-D18-000..DWG \
SHEET F"B PG CHEC1<ED BY OWG. NO. I
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AS NOTED
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Agenda Item No. 16K 13
September 13, 2005
Page 1 of 20
---
EXECUTIVE SUMMARY
REQUEST THAT THE BOARD OF COUNTY COMMISSIONERS AUTHORIZE
COLLIER COUNTY TO EXECUTE A "PARTIAL TERMINATION OF EASEMENT"
AND A "RELEASE OF EASEMENT RIGHTS" THAT ARE OF NO USE TO THE
COUNTY OR TO THE COLLIER COUNTY WATER-SEWER DISTRICT, BUT
ENCUMBER PARTNERSHIP PROPERTY TO THE EAST AND SOUTHEAST
OBJECTIVE: That the Board authorize Collier County to release a portion of a
limited purpose pedestrian and vehicular easement in land, and to authorize the
County to release its interests in a promise from the adjoining landowner whereby
that landowner agreed to create, if needed, an easement for a possible water pipe
to transport irrigation water from Orange Tree Utility's wastewater plant to supply
irrigation water to County owned land (north and south of the east-west canal).
-
CONSIDERATIONS: The owner of land ("The Partnership Property") situate east
and southeast of 9.924 acres of land owned by Collier County has requested that
the County release (1) a portion of a private road access easement, and (2)
release a landowner's promise that runs with the Partnership Property. The
easement and the promise encumber the Partnership Property, but neither the
easement nor the promise has any present or future use to the County or to the
County's Water-Sewer District (CCWSD).
Partial Termination of Easement. A graphic showing the relevant parcels of land
is attached (titled "Graphic for Executive Summary"). The non-public access road
easement is recorded at O. R. Book 2895, Book 2082, public records of Collier
County. The portion requested to be released includes the portion on the Coonty's
206.27 acres (north of the east-west canal) described in the graphic as "Phase 1 -
Parcel 1" and "Phase 2 - Parcel 2", and to the extent the Easement might run
generally easterly from the County's 9.924 acres (south of the canal). That
Easement's uses are limited to vehicular/pedestrian access to adjacent land (to
the east) for citrus grove care-taking and harvesting equipment and vehicles, and
authorizes construction of a non-public road. Neither the County nor the CCWSD
need any part of the easement requested to be released because the Partnership
Property will be developed, including adequate access roads to the Partnership
Property.
---
Release of Easement Rights. The CCWSD will never need an easement to be
created on the Partnership Property (to the east and/or southeast of the County's
9.924 acres and/or from the County's 206.27 acres, to allow Orange Tree Utility to
transport irrigation water (by future irrigation water facilities in the ground) from its
wastewater plant to the County's land. If the County's land should need irrigation
water, that water can be supplied from the CCWSD's wastewater plant yet to be
constructed on the County's 206.27 acres.
Agenda Item No. 16K 13
September 13, 2005
Page 2 of 20
FISCAL IMPACT: This Partial Termination of Easement and the Release of
Easement Rights will have no fiscal impact on the County or the CCWSD.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact
associated with approval of this Executive Summary.
RECOMMENDATION: That, by approval of this Executive Summary, the Board
authorize Chairman Coyle to execute the attached "Partial Termination of
Easement" and the attached "Release of Easement Rights" because neither
Collier County nor the Collier County Water-Sewer District have any present or
future need for any portion of the non-public road access easement to be released
by these documents, nor any present or future need of the landowner's promise to
grant an irrigation water facilities easement on the Partnership Property to supply
irrigation water to the County's 9.924 acres (south of the canal) or to the County
206.27 acres (north of the canal).
PREPARED BY: Thomas C, Palmer, Assistant County Attorney
Item Number:
Item 8ummlry:
Mooting om:
Agenda Item No. 16K13
September 13, 2005
Page 3 of 20
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16K1$
R~que&t that the Board of County Commiujrmertl Au1horize CoWer Coun1y to EJret'Ute a
"Partial Termination of Easemen1" and a "Releau of Easement Rights" that are ot no UIe to
the County or to the Collier County Water-Sewer DIstrict, bu1 ~ncllmber partnership property
to the East and Southeast.
911,120059:00:00 AM
Date
Approved B)'
Thomas Palmer
County Attomwy
Approved By
Thomas Widels
Public Utllltlet
Alel.hlnt. County Attorney
County Attomey Office
8/26(200512:4,') PM
Openltioml Oire.c:tor
Date
Publ~c Utmtllul Opmrlltionlt
8125120054:06 PM
0...
Approved By
Toni A. Mott
Admin~'&tratlvt' Service.
Rwal Property SupMViaor
Facilities M.ana9(!r\'1Gflt
81301200611 :10 A.M
Oavld C. Weigel
Oat.
Approved By
County Attorney
Coun1y AttotlWY
County Attorney Office
8/3012006 11 ;.31 AM
Approved By
OMS Coordinlltor
County Manager's Office
Admlnictrathl'e Assiatam
Date
Office of M.anagemant & Budge1
Bf30{200512:46 PM
Mlchll&l Smylo.owlJki
D:,l;te
Allproved By
County ManllgfJr'i11 OffiClII
Management & Budget Director
OfflCl!l of M.lla~rJ1Qn1 & Budgot
916/2005 5:05 P'M
Approved B)o'
James V. Mudd
Board Df CClunty
Commtl-Slonlllr8
County M.n./lger
Date
County Manager's Office
916/2005 5:41 PM
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Agenda Item No. 16K13
September 13, 2005
Page 4 of 20
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Agenda Item No. 16K13
September 13, 2005
Page 5 of 20
..
THIS INSTRUMENT WAS J1lillPARIID BY
AND SHOULD BE RR'I'URNEDTO:
M. DAVlOALEXANDBR,n.qullll
PE'I'ElUiON &< MYERS, P.A.
P.O. DRAWER 761111
WINTER HAVEN, PL 338113-7608
-------------------------.....------.-~bove Space lteservedfor~lerk-----------------------------
PARTIAL TERMINATION OF EASEMENT
This Partial Termination of Easement Agreement is executed by the BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE
GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE
GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRCT
(the "County''), whose mailing address is 3301 Tamiami Trail East, Naples. FL., 34112,
and by THE BRYAN W. PAUL FAMILY LIMITED PARTNERSHIP, a Florida Limited
Partnership (the "Partnership"), whose mailing address is Post Office Box 2357, LaBelle,
FL., 33935. For good and valuable consideration, sufficiency and receipt of which is
acknowledged, the County and the Partnership hereby agree:
1. The County and the Partnership are successor owners of parcels of land that are
burdened and benefited by the Access Easement ~greement (the "Easement") recorded in
OR Book 2895, Page 2082, Public Records of Collier County, Florida, The County's
ownership of its burdened property and a portion of the benefited property is evidenced
by three (3) Deeds recorded in OR Book 3328, Pages 2422, 2425, and 2428 in the Public
Records of Collier County, Florida. The Partnership's ownership of the balance of the
land that is burdened and benefited by the Easement is evidenced by the Deed recorded in
OR Book 3098, Page 3328 of the Public Records of Collier County, Florida. The
Partnership's land is encumbered by a mortgage to The Travelers Insurance Company,
recorded in OR Book 2749, Page 1628 of the Public Records of Collier County, Florida.
That mortgage is to be extinguished by payment in full. No County property is
encumbered by that mortgage. The conveyances to the County as evidenced by the three
(3) Deeds referred hereinabove eliminated any need for the County to retain any interest
in allY portion of the Easement hereby being tenninated by the County.
2. The County hereby quitclaims, relinquishes, releases, and forever terminates all of
its interests in and to that portion of the subject Easement that exists on (a) the County's
206.27 acres (north of the canal that runs east-west and is located south of and contiguous
with the Phase 1 properties described herein) described as Phase 1 - Parcel 1 and Phase 1
- Parcel 2; and (b) on the County's 9.924 acres (south of the canal), and (c) to the extent
that said Easement may exist on any land that is owned by Partnership and situate south
of the canal, including the parcel described as Reservoir 2B-R (97.12 acres), the parcel
1
Agenda Item No. 16K13
September 13, 2005
Page 6 of 20
described as Phase 2 - Parcell (231.55 acres), and the parcel described as Phase 2 _
Parce12 (124.82 acres). All of these parcels ofland and the canal are shown on Exhibit
"An attached. The County's 9.924 acres are described in the Deed recorded at OR Book
3328, page 2428, Public Records of Collier County, Florida. The County's 206.27 acres
are described in the Deeds recorded at OR Book 3328, pages 2422 and 2425, Public
Records of Collier County, Florida. Reservoir 2B-R, Phase 2 - Parcell, and Phase 2 -
Parcel 2 are described in Exhibit "B" attached. This Partial Termination of Easement
does not affect any portion of any easement that exists over/across the east-west canal
between the County's 9.924 acres and the County's Phase 1 - Parcel I (106.01 acres
north of the canal) and/or to any easement over any land lying west of the west boundary
of the County's Phase 1 - Parcel (north of the canal).
3. The Partnership hereby accepts the County's Partial Termination of Easement.
DATED this
day of
. 2005.
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AS THE
GOVERNING BODY OF COLIER COUNTY
AND AS EX-OFFICIO THE GOVERNING
BOARD OF THE COLLIER COUNTY WATER-
SEWER DISTRICT
ATIEST:
DWIGHT E. BROCK, Clerk
By:
Deputy Clerk
BY:
FRED W. COYLE, CHAIRMAN
WITNESSES AS TO PARTNERSHIP: THE BRYAN W. PAUL FAMILY
LIMITED PARTNERSHIP
First Witness
Printed Name of First Witness
Second Witness
Printed Name of Second Witness
BY:
Bryan W. Paul, as its:
Approved as to Form and Legal Sufficiency:
BY:1tf
Thomas C. Palmer, Assistant County Attorney -END-
2
Agenda Item No. 16K 13
September 13, 2005
Page 7 of 20
THIS INSTRUMENT WAS PREPARED BY
AND SHOULD BE REnJRNED TO:
M. DA VlD ALEXANDER
PETERSON & MYERS, P.A.
P.O. DRAWER 7608
WINTER HAVEN, FL 33883-7608
------------------------------------- Above Space Reserved for Clerk -----------------------------
RELEASE OF EASEMENT RIGHTS
This Release is executed on the day of ,2005, by the BOARD
OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE
GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE
GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT
(the "County") whose mailing address is 3301 Tamiami Trail East, Naples, FL., 34112.
1. The County owns the 9.924 acres of real property described in Exhibit "A"
attached hereto. The Deed evidencing the County's ownership of the 9.924 acres is
recorded in O.R. Book 3328, Page 2428, Public Records of Collier County, Florida. The
County also owns the 206.27 acres of real property described in Exhibit "B". The deeds
evidencing the County's ownership of the 206.27 acres are recorded on O.R. Book 3328,
at Pages 2422 and 2425, Public Records of Collier County, Florida. The 9.924 acres
described in Exhibit "A" are depicted in Exhibit "c" as the "9.924 acre parcel". The
206.27 acres described in Exhibit "B" are depicted in Exhibit "c" as "Phase I - Parcell"
and "Phase I - Parcel 2". Exhibit "c" is attached for illustration purposes only, and is not
a "to scale" drawing.
2. In an Agreement dated May 7, 1990, recorded in O.R. Book 1534, Page 1496,
Public Records of Collier County, Florida (the "1990 Agreement") a prior owner of the
County's 9.924 acre parcel of land was granted certain water use and surface water rights
as well as the option to purchase irrigation water from the Orange Tree Utility Company.
The Orange Tree Utility Company site is depicted in Exhibit "C" as the "Orange Tree
Utility Site".
3. In an Agreement dated January 5, 1988, recorded in O.R. Book 1322, Page 1882,
Public Records of Collier County, Florida (the "1998 Agreement") a prior owner of the
County's 206.27 acre parcel of land was granted certain water use and surface water
rights as well as the option to purchase irrigation water from the Orange Tree Utility
Company. In this Release all of the rights granted to the prior owners of the County's
9.924 acre parcel by the 1990 Agreement and all of the rights granted to the prior owners
of the County's 206.27 acre parcel by the 1988 Agreement are referred to as the "Rights".
The County is a successor in interest to the Rights by virtue of its ownership of the 9.924
acres described in Exhibit "A" and the 206.27 acres described in Exhibit "B".
1
Agenda Item No. 16K 13
September 13, 2005
Page 8 of 20
4. Paragraph 4 of the 1990 Agreement and paragraph 5 of the 1998 Agreement read
in most relevant part:
"In the event Buyer exercises its right to purchase effluent pursuant
to this paragraph, Seller shall provide Buyer with such easement
rights over the Orange Tree Property as are reasonably necessary
in Order to install and maintain pipes, pumps and appurtenant
facilities to directly transport the effluent from the sewer treatment
plant serving the Orange Tree Property to the boundary of the
Property. "
5. In the text quoted above, the "Buyer" is a reference to a prior owner of the
County's 9.924 acres and a prior owner of the County's 206.27 acres. The term "Orange
Tree Property" refers to several parcels of real property including the real property
described in Exhibit "D", and the term "to the boundary of the Property" refers to land
that includes the County's 9.924 and 206.27 acre parcels. The real property described in
Exhibit "D" (the "Partnership Property") lies east and southeast of the County's 9.924
acres and south and southeast of the County's 206.27 acres and is owned by a Florida
Limited Partnership known as "The Bryan W. Paul Family Limited Partnership" - (the
"Partnership"). The Partnership Property is depicted in Exhibit "C" as the "Partnership
Property" .
6. The Partnership has asked the County to relinquish all Rights the County may
have by virtue of the above-referenced 1990 and 1988 Agreements, namely "Rights" to
install and maintain pipe(s), pump(s), and/or appurtenant facility, or facilities, on and/or
under the Partnership Property to transport irrigation water from the Orange Tree Utility
Company's wastewater treatment plant (serving the Orange Tree Property) to any
geographic boundary of the County's 9.924 acres and 206.27 acres. The County agrees
with that request and therefore by this document the County does quitclaim and
relinquish all of those "Rights," which were acquired by the County's purchase of the
9.924 acres in conjunction with the operation of the May 7, 1990 Agreement and by the
County's purchase of the 206.27 acres in conjunction with the January 5, 1988
Agreement, as those Rights may now exist on the Partnership Property, running from the
Orange Tree wastewater plant to any geographic boundary of the County's 9.924 acres
and to any geographic boundary of the County's 206.27 acres.
7. The County hereby quitclaims, relinquishes, releases, and forever terminates any
and all such Rights, privileges and/or authority granted to or otherwise vested in the
County by the 1990 Agreement and the 1998 Agreement, namely to request and/or cause
any pipe(s), pump(s), and/or any appurtenant utility facility, or utility facilities, to be
installed on and/or under any portion of the Partnership Property for any purpose,
including for the transport irrigation water from Orange Tree Utility Company's
wastewater treatment plant to any boundary of the County's 9.924 acre parcel described
in Exhibit "A" and to any boundary of the County's 206.27 acre parcel described in
Exhibit "B".
2
Agenda Item No. 16K13
September 13, 2005
Page 9 of 20
8. The County hereby warrants that it has never exercised any such Rights granted to
it by either the 1990 Agreement or the 1988 Agreement.
9. This Release shall be binding on all subsequent owners of any and all parts of the
County's 9.924 acres of real property described in Exhibit "A" and the County's 206.27
acres of real property described in Exhibit "B".
ATfEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AS THE
GOVERNING BODY OF COLLIER COUNTY
AND AS EX-OFFICIO THE GOVERNING
BOARD OF THE COLLIER COUNTY W A TER-
SEWER DISTRICT
By:
Deputy Clerk
BY:
FRED W. COYLE, CHAIRMAN
Approved as to Form and Legal Sufficiency:
By: ~ ?J~
Thomas . Palmer, ASSistant County Attorney
- END-
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Agenda Item No. 16K13
September 13, 2005
. Page 10 of 20
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Agenda Item No, 16K13
September 13, 2005
Page 11 of 20
EXHIBIT "Bn TO PARTIAL TERMINATION OF EASEMENT
Phase 2~ Parcell
All that part of Section 13, ~ownship 48 South, Range 27 East,
Collier County, Florida, being More particularly described a.
:followl7
"Collllllencinv at. the southe.st corner of sald Section 13;
thence along the.southeast 1/4 line of said Section 13 and the
centerline of State Road S-8S8 (011 Well Road) North 88'-51'-2~"
West,: 2.02 fe.t;
thence leaving .aid centerline North 01"-08'-35" East 50.00 feet
to the north right-ot-way line of State Road S-SSS (011 Well Ro.~l,
thence along .aid north right-at-way 11ne North 88'-51'-25' West
1310,47 feet to the POINT OF BEGINNING of the parcel herein
described;
thence continue along said north right-at-way line North
88"-51'-25' W.st 1367.52 feet;
thence continue along said right-of-way line North 8So-05'-S6"
, West 1051.57 feet to the east line of a 150 foot north-south
'drainage ease.ent, .
thence along ..id east line North 010-49'-15" East 4173.9J feet
~ to the south line of a 150 foot canal ma1ntenance easement,
. 'thence alono said south line South 880-08'-24- East 2419.00
., feet; . .
'thence leaving said south line South 010-49'-15" West 515".55
teet to the Point of Beginning ot the parcel herein deBcrib~d,
subject to eas.ments and restrictions of record,
bearings are assumed and based on the southe.st 1/4 line of said
Section 13, Township 48 South, Range 27 Eaat, being North
88--51'-25' West,
Phase 2~ Parcel 2
All that part of Section 13, ~own.hip ~8 South, Range 27 E.st,
Collier County, Florida, being more particularly described ..
~~;;~~:tng at the southe.st corn.r of said Section 13r .
thence along the southe.st 1/4 lIne of laid sectionh1388!n~1~h;5"
centerline of State Road 5-858 (Oil Well Road) Hert --
West 2.02 teetr , 8 ... B t SO 00 feet to
thence leaving .aid centerline North 01 -0 '-~~ a. .
the POINT OF BEGINNING of the parcel h~reln describedr
thence along the north right-of-way line of .ald State Road
5-858 North 88"-51'-25" W.st 1310.47 feet,
thence leaving said right-of-way line North 01"-49'-15" East
4157.55 feet to the south line of a 150 foot canal maintenance
easement, " . 4. E t 1310 37
thence along saId south line South S8 -08'-2 as .
feet to the west line of. the north Golden Gate Canal, t
thence along .aid west 'line South 010-49'-15. W.et 4141.15 ..t
to the point of Beginning of the parcel herein describedJ
8ubi8Ct to eas.merit, and restriction. of record,
bearin9s are a..wmed tn,-bas.d on the southea.t 1/4 line of saId
Section 13, Town.hip 48 South, Ran;e 27 Eaat, being Marth
88"-51'-25" W..t,
Page 1 of 2 pages
,
t",.
Agenda Item No. 16K 13
September 13. 2005
Page 12 of 20
(Reservoir 2E-R)
Description of part of Section 13 and 14, Township 48 South, Range
27 East, Collier County, Florida, being more particularly described
as follows:
Commencing at the southeast corner of said Section.13; thence along
the southeast 1/4 line of said Section 13 and the centerline of
State Road 5-858 (Oil Well Road) North 880S1'2S~ West 2.02 feet;
thence leaving said centerline North 01008'35" East 50.00 feet;
thence along the North right-of-way line of said State Road.S-858
North 88051'25" West 2677.99 feet; thence continue along said right-'
of-way line North 88005'56" West 1201.57 feet; thence leaving said
right-of-way line North 01049'15" East 2353 feet to the POINT OF
BEGINNING of the parcel herein described:
thence North 88008'24" West 1464.17 feet to the East line of
said Section 14; thence continue North 88008'24" West 1018.25
feet; """thence North OP49'lS" East 1427.53 feet to the South
line of a 150 foot canal maintenance easement as recorded in
O.R. Book 1322, page 1903, Collier County, P~blic Records,
Collier County, as'. a:IIlend"ed ithence' along said line North.
76051'16" East 1063.40 feet to the East line of said Section
14; thence continue North 76051'16" East 452.42 feet;
thence South 88008'24" East 1018;02 feet; thence South OP
49'15" West 1820.00 feet to the Pbint"of Beginning of the
parcel herein described.
Page 2 of 2 pages
Agenda Item No. 16K13
September 13, 2005
Page 13 of 20
SI(E1"CH OF DESCRIPTION..c.a, .___...__.._
. .. --'-"NJ!(50ANEn
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EXHIBIT
nA" TO RELEASE OF EASEMENT
RIGHTS I I
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11....,E .......tr W ^tON. 11 Ie -1I1-8OU1ll OO'I"E. 8E.CTION UN. ..,.... FEn: lI""'E . ......... W '003.... F.n
10 111. POll/lOP 8_, 1I1EHc1i DON",.,. 8 ....,.,.. W 322.12 FElT, II IE,,,,. . 0" '0:'" W ....... PEE', n IEHcI;
9 118"08'2,(" E:I I U8 FEET; lIIENCE H 01'''''11I" E 1(21.83 FEEno THE POINT OF tlEQINNJNQ,
CONTAINING U2( AcnE8 MonE on lESS.
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Agenda Item No. 16K13 '
. September 13, 2005'
Page 14 of 20
EXHIBIT
liB II
TO RELEASE OF EASEMENT RIGI-frS'
DESCRIPTION
PART OF SECTIONS 11, 12, 13 AND 14, TOWNSHIP 48 SOUTH, RANGE 27 EAST.
COLLlER COUNTY, FlORIDA .
All THAT PART OF SECTIONS 1" 12, 13 AND 14, TOWNSHIP 48 SOUTH, RANGE
27 EAST AND PART OF SECTIONS 7 AND 10, TOWNSHIP 48 SOUTH, RANGE 28
EAST, COWER. COUNTY, FLORIDA, BEING MORE PART1CUlARL Y DESCRIBED
AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 14; THENCE
ALONG THE NORTH LINE OF SAID S~CTI0N14, SOUTH 88010'340 EAST 50.01
FEET TO THE EAST RIGHT OF WAY LINE OF S-846 (IMMOKALEE ROAD); THENCE
AL.ONG SAID RIGHT OF WAY UNE NORTli 01053'16" 'EAST 269.20 FEET TO THE
SOUTH LINE OF GOLDEN GATE ESTATES, UNIT 59, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN P~B. 7, PAGE 81, PUBLIC RECORDS OF COWER
COUNTY, FLORIDA: THENCE ALONG SAID SOUTH UNE SOUTH 8s008'24- EAST
3151.50 FEET TO THE POINT- OF BEGINNING OF niE .pARCEL HEREIN
DESCRIBED; THENCE CONTINUE ALONG SAID SOUTH UNE OF UNIT 59 SOUTH
88"08'24- EAST 2142.74 FEET TO THE EAST UNE OF SAlD SECTION 11; THENCE
ALONG THE SOUTH LINE OF SAIO UNIT 59 AND THE SOUTH UNE OF GOLDEN
GATE ESTATES UNIT60 ACCORDING TO THE PLAT THEREOF AS RECORDED IN
P.B. 7, PAGE ~, PUBLIC RECORDS OF COWER COUNTY, .FLORIDA SOUTH
88"08'24- EAST 2600.14 FEET; THENCE SOUTH 0'051'36" WEST 764.99 FEET;
THENCE NORTH 88"08'24- WEST 167651 FEET; THENCE SOUTH 01051'36" WEST
450.00 FEET; THENCE NORTH 88008'240 WEST 511;83 FEET; THENCE SOUTH
76051'16- WEST 431.02 FEET TO THE EAST LINE OF SAID SECTION 14; THENCE
SOUTli 76051'160 WesT 2214.66 FEET; THENCE NORm 01053'16" EAST 1632.79
FEET TO THE NORTH UNE OF SAID SECTION 14; 11-IENCE NORTH 01053'16"
EAST 267.20 FEET TO THE POINT OF BEGINNING OF THE PARCEL, HEREIN
DESCRIBED; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD;
CONTAINING 135.06 ACRES OF LAND MORE OR LESS. -
AND
PART OF SECTIONS 12 AND 13, TOWNSHlP 4B SOUTH, RANGE 27 EAST,
COLUER COUNTY, FLORIDA, BEING MORE PARTICUlARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 14; THENCE
ALONG THE NORTH UNE OF SAID SECTION 14, SOUTH 88010'34" EAST 50.01
FEET TO THE EAST RIGHT OF WAY UNE OF 5-846 (IMMOKALEE ROAD); THENCE
ALONG SAID RIGHT OF WAY LINE NORTH 01053'1Er EAST 289.20 FEET TO THE
SOUTH LINE OF GOLDEN GATE ESTATES, UNIT 59, ACCORDING TO TJ-tE PLAT
THEREOF AS RECORDED IN P.B. 7, PAGE 61, PUBUC RECORDS OF OOLUER
COUNTY, FLORlDAj THENCE ALONG SAID SOUTH LINE SOUTH fW08'Z4- EAST
3151.50 FEET; THENCE CONTINUE AlONG SAID SOUTH LINE OF UNIT 59 SOUTH
88008'24- EAST 2142.74 FEET TO THE EAST LINE OF SAID SECTION 11; THENCE
ALONG THE SOUTH LINE OF SAID UNIT 59 AND THE SOUTH LINE OF GOLDEN
GATE ESTATES UNIT 60 ACCORDING TO THE PlAT THEREOF AS RECORDED IN
P.B. 7, PAGE '62, PUBUC RECORDS OF COLLIER COUNTY, FLORIDA SOUTH
e8008'24" EAST 2600.14 FEET TO THE POINT OF BEGINNING OF THE PARCEL
HEREIN DESCRIBED; THENCE CONTINUE SOUTH 8S00S'24" EAST 589.74 FEET;
THENCE SOUTH 01051'36- WEST 1214.99 FEET; THENCE NORTH 88008'24- WEST
96.25 FEET; THENCE NORTH 01051'38" EAST 450.00 FEETjTHENCE NORTH
88-08'24- WEST 473.49 FEETj THENCE NORTH 01051'36- EAST 764.99 FEET TO
THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; SUBJt;CT TO
EASEMENrS AND RESTRICTIONS OF RECORD; CONTArNING 11.00 ACRES OF
LAND MORE OR LESS. .
PAGE 1 OF 2
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AND
ALL THAT PART OF SECTIONS 12 AND 13, TOWNSHIP 48 SOUTH, RANGE Z1
EAST AND PART OF SECTIONS 7 AND 18, TOWNSHIP 48 SOUTH, RANGE 28
EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTJCULARL Y DESCRIBED
ASFOU.OWS:
COMMENCING AT THE NORTHWEST CORNER OF SAIO SECTION 14: THENCE
ALONG THE NORTH LINE OF SAlD SECTION 14, SOUTH 88"10'34" eAST 50.01
FEET TO THE EAST RIGHT OF WAY UNE OF S-846 (IMMOKALEE ROAD)i niENCE
. ALONG SAID RIGHT OF WAY LINE NORTH 01"53'16" EAST 269.20 FEET TO THE
SOUTH UNE OF GOLDEN GATE ESTATES, UNIT 59, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN F.B. 7, PAGE 61, PUBLIC RECORDS OF COlliER
COUNTY, FLORIDA: THENCE ALONG SAID SOUTH LINE SOUTH 88"08'24. EAST
5294.24 FEeT TO THE EAST UNE OF SAID SECTION 11; THENCE ALONG THE
SOUTH UNE OF SAID UNIT 59 AND THE SOUTH LINE OF GOLDEN GATE
ESTATES, UNIT 60 ACCORDING TO THE PLAT THEREOF AS RECORDED IN P.B.
7, PAGE 62, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA SOUTH 88"08'24"
EAST 3169.B8FEeT TO THE POINT OF BEGINNING OF THE PARCEL HEREI~
DESCRIBED; THENCE CONTINUE ALONG SAID SOUTH LINE SOUTH 88"08'24"
EAST2:t58.49 FEET .TO THE EAST UNE OF SAID SECTION 12; THENCE
CONTINUE AlONG THE SOUTH LINE OF SAID UNIT 60 SOUTH 88"08'24" EAST
1.65 FEET TO THE WEST LINE OF NOATH GOLDEN GATE CANAL RIGHT OF WA Yi
THENCE ALONG SAID WEST CANAL RIGHT OF WAY LINE SOUTH 01"49'15" WEST
262.51 FEET TO THE SOUTH LINE OF SAID SECTION 7; THENCE CONTINUe
ALONG SAID WEST CANAL RIGHT OF WAY UNE SOUTH 01"49'15" WEST 952.49
FEET; THENCE NORTH 00"08'24" WEST 0.72 FEET TO THE weST LINE OF SAID
SECTION 1 a; THENCE NORTH 88"08'24" WEST 2158.25 FEET; THENCE NORTH
01"51'36" EAST 1214.99 FEET TO THE POINT OF BEGINNING OF THE PARCEL
HEREIN DESCRIBED; SUBJECT TO EASEMENTS AND RESTRICTIONS OF
RECORD; CONTAINING 60.21 ACRES OF LAND MORE OR LESS.
PAGE20F2
'..
Agenda Item No. 16K13
September 13, 2005
Page 15 of 20
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Agenda Item No. 16K 13 :
September 13, 2005
Page 16 of 20
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Agenda Item No. 16K 13
September 13,2005
Page 17 of 20
'.
EXHIBIT "D" TO RELEASE OF EASEMENT .RIGHTS
Description of part of Section 13,
~wn.hip .S South, Ran;e 27 last,
Colliar County, Florida
for QuI'! Coast Citrus
Pha.. 2, >>arcal 1.
Reviled 12-3-90
All tha~ ~rt of Section 13, Township 48 South, Range 2~ Ea.~,
Collier Coun~y, Florida, being ~re particularly d.scribed as
~ollowsJ .
'Commencing at the loutheast corner of said Sactlon 13,
thence along the louthaa.~ 1/4 line of said Section 13 and the
,centerline of State Road S-BSB (011 Wall Road) North 8S-.51'-25-
West 2.02 feet,
thence leaving said centerlLne North 01--09'-35. last 50.00 f.et
to the north right-of-way line of Stata noad 5-8SS (011 Well Roac);
thance alonq saId north right-at-way lIne Ncrth 98--51'-25. West.
1310.47 teet to the POINT or BEGINNING of the parcel herein
described,
thence continue along saId north rlght-Df-wa~ line North
98-.51'-25. Hest 1361.52 feet,
t.hence continu. along saId right-of-way line NorthBB..OS'-!6-
Hest 1051.57 f~ to the e.st line of . 150 foot nort~-soutt
drainage easement, .
thence along'said east: 11ne HorthOll..4f'-.;:}S- East: 4173.91 f,et
to the south line of a 150 foot. canal maintenance easement I
thence along said south 11n. South 88-..08'-24- East 2419.00
feet, ~~
thence leaving said south line South 01-..49'-15- M.st 5157.55
f.et to the Point of Beginnlng af the parcel herein delcrib&d;
subject to easements and re.trictions of record,
bearlngs are assumed and based on the southeast 1/4 lIne of said
Section 13, Township 48 South, Range 27 East, b.~ng North
99--51'-25- West, .
containing 231.55 acres of land more or less.
.
.
....
Pags 1 of 4 pages
Description of part of Section 13,
Township 48 South, Ran;_ 27 East,
Collier County, Florida
for Gulf Coart Citrus
Phase 2, parcel 2
aevised 12-3-90
Agenda Item No. 16K13
September 13, 2005
Page 18 of 20
All that part of Section 13, Township 49 South, Range 27 Ea.e,
ColU.er County, Florida, beinq lIore p~ticularly described aa
follows,
Commencing at the southeast corner of said Section 131
thence along the southeast 1/4 line of said Section 13 and the
centerline of State Road S-BSB (011 Well Road) Horth 98'-51'-25.
W~st 2.02 feet; .
thence leaving said centerline North 01--08'-35- !~st SO.DO feet to
the POI~ OF BEGINNING of the parcel h.rein described; .
thence alonq the north riqht-of-way ~ine of said State Road
S-BSB North 89-.51'-25- West 1310.47 feet,
thence leaving said right-of-way line North 01--49.-15- East
4157.55 feet to the south line of a 150 foot canal maintenance
ea....ent; .
thence along said south lIne South 99-.09'-24- East 1310.37
feet to the weat line of the north Golden Gats Canal,
thence 410n9 said west: line South 01--49'-15- West"l41.lS feet
to the Point of Beginning of the parcel herain desc~ibed:
subject to eSBements:and restriction. or record,
bearings are assumed and based on the southeast 1/4 line of said
SectiQn 13, To~shlp 48 South, Ran98 27 East, being North
98--51'-25. Weat,
containing 124.92 acres of;land more or less.
Page 2 of 4 pages
... ....- .....- - - ...
DascrLE>>tlon of part of Section 1J,
70wnshLp 48 South, Rani. 27 ta.t,
Collier County, Florida
for aulf CO.,t Cltru*
Phallle 2 t '.red 2-1.
All that p.rt of Section 13, 'township 41 South, Ranve 27 e..t,
Collier County, Florida, blain; lIOn p&rt.1.c'lll.rly d..ed,bed. ..
follow,
eom.ancin; at the southe.st corner of ..!~ Section 13,
thanee al~; the soath...t 1/4 line or .aid SectLon 13 and the
centerline of S~t. Road 1-8SS (011 Hall Road) Harth 88--51'-25-
W..t 2.02 f..t,
thence l..y!n; ..1~ centarline Horth 01-.08'-35- E..t 50.00 f.et to
the north r1ght-of-way I1n. Df Stata Road 8-858,
thence along the north rlght-of-var line of .ald State ROad
S-UB North 88--51'-25- W..t 1310.47 fe.t,
thanee le.v1ng .aid rlght.-of-"".y 11ne Harth 01--U'-15- lut.
2827.85 t.at. to the POIBT or BtGtNHIHG of the parcel hareLn
d..cri.b.d,
thance cont.inue North 01--."-1S- Eaat 132'.70 f..t to the
south 11ne of . 150 foot c.9.1 ..int.aunce ..._nt,
thanee .long ..ld .oath lin. South 88--08'-24- e..t 1310.37
f..t to the we.t Une of the north <::olden gat... Canal,
thence .lDng .aid vast l1ne South 01--(1'.15- w..t 132'.10:
f.. t,
thence Horth S8a-08'_24- w..t 131D.37 f..t. to the Point of
BegLnnlnq of the parcel herein d..cribed,
-..bj.ct to .u...nt. and rutrict10na of r.~orch
.arings are ...WIIIlcl and based bn the aouth.ut 1/4 Una of sdd
~ect1oft 13, ~lIlhip 48 South, Rang. 27 &..t, being Horth
8S--51'-25- N..t,
contain.Lng .. D. 00 .cr.. 0 f land IIIOra or 1.....
Page 3 of 4 pages
Agenda Item No. 16K13
September 13, 2005
Page 1 9 of 20
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Agenda Item No. 16K13
September 13, 2005
Page 20 of 20
Oascriptlon of part of Section 19, Townshi'Pt 48 South,
Range 28 East and put of Section 24, Towns~p 48 South,
RAnge 27 East, Collier County, Florida
[ Sub-bas in 6)
I.
AlL that part of Section 19, Township 4B South, ~ge 28 East and
part of of Section 24, Township 48 South, Ranqe 21 East, Collier
County, Florida;- ,
commencinq a.t the northwest corner of Section 24, Townshi.p 48 South,
Ra.nqe 27 Ea.stJ
thence along the north line of Section 24, South 88--05'-55. But
1928.19 feet; ,
thence leaving said. north line South 01 * -54' -04. West 50.00 feet to
the south right-of-way line of C.R. 8SS (Oil Well Road) and the
PO:rNT O:P UGINNING of tha parcel herein described;
thence along said south riqht-af-way line South 8S*-05'-5S-
East 750.00 feet; ,
thence continuing along said south riqht-of-way line South
88--51'-25-' East 2677.43 feet to the wes~ liDe of the North
'GoldeIrGate Canal.; ,
thence a.lonq said west line South 01*-49'-15- West 794.99 feet
to the west line of Section 19, Township 48 South, RAnge 28
East;
tbence leaving said wast line and continuing 'along said west
right-of-way line South 018-49'-15. West 1945.01 feet;
thence leaving sa.id vest line North 88. -10' -45. West 5.26 feet
to the said west line of said Section 19~ .
thence leaving said west line North 888-10'-45K West 394.74
feet;
thence Narth 568-13'-00- West 1010.00 feet:
thenCe North 85*-58'-32- West 645.91 feet~
thence South 848-04'-00. West 230.00 feet;
.. thence North 44--46'-418 West 686.83 feet;
thanee North 29--11'-00- West 300.00 feet;
thence North 4S8-10'-00. West 630.00 feet;
thence North 37.-40'-00~ West 255.00 faet~
thence North 018-54'-04- East 8SQ.00 feet toitha south
right-of-wa.y line of C.R. 858 (Oil Well Road' and the Point of
Beginning of the parcel herein described being a part of
Section 19, Tovnship 48 South, Range 2S East ;and part of
Section 24, Township 48 South, Range 27 East}
subject to easements and restrictions of record;
containing 162.43 acres more or less;
bearings are based on the northeast 1/4 section line of said Section
24, being South 8B--Sl'-2SK East.
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Page 4 of 4 pages
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Agenda Item No. 16K14
September 13, 2005
Page 1 of 17
EXECUTIVE SUMMARY
Recommendation to award RFP 05-3847 to Marianne Kantor to provide Attorney Special
Magistrate services to Collier County Value Adjustment Board. Cost is anticipated not to
exceed $5,000 per annual hearing season.
OBJECTIVE: To provide the taxpayers of Collier County a venue to appeal property taxes
levied on their property in accordance with Florida Statutes, Section 194.035, as amended in 2002.
CONSIDERATIONS: Requests for proposals #05-3847 "Attorney Special Magistrate for the
2005 Collier County Value Adjustment Board" were solicited on April 28, 2005. Notification was
sent to 42 firms. Four proposals were received by the closing date of May 27, 2005. The four
proposals were evaluated and ranked by a selection committee as follows:
1. Marianne Kantor
2. Curtis Gordon
3. Richard Connor
4. James Bush
By consensus of the Value Adjustment Board on June 20, 2005, and in public session, Marianne
Kantor was selected (appointed) for award of the Attorney Special Magistrate contract. Contract
negotiations have been completed and the proposed contract is attached.
The term of the contact is for one (1) Collier County Value Adjustment Board session with an
option for two (2) additional Collier County Value Adjustment Board sessions. $110.00 per hour
represents the rate for Ms. Kantor's services.
FISCAL IMPACT: The aggregate cost of these services is not expected to exceed $5,000.00
based on historical data. This cost is shared with the District School Board, which by statute is
responsible for two-fifths of these expenses. The source of the County's portion of these costs is
Other General Administrative Cost Center in the General Fund.
GROWTH MANAGEMENT IMP ACT: Not applicable.
RECOMMENDATION: That the Board of County Commissioners award RFP 05-3847
("Attorney Special Magistrate for the 2005 Collier County Value Adjustment Board") to Marianne
Kantor and authorize the Chairman to execute each agreement.
Item Number:
Item Summary:
M.etlng 0_:
Agenda Item No. 16K14
September 13, 2005
Paoe 2 Df 17
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16K14
RecommemJatiu/1 10 Award RFP 05-3847 io MariHMa KantcH" tu provide A110rney SplJcil!l1
Magistrate services to the Collier County Value Adjustment Board. Cost is Anticipated n01 to
exceed $5,000 p~r annUl'll he~ring session.
9/13/20059:00:00 AM
Dat.
Prepared B)'
Mike HaUOf
Administrllltlve Servlcea
Acqul5ltlon Managlllr
Purchllaing
8/24/2006 4:"l::llI PM
Oat.
Approved By
Mike HaUef
Administrative Services
Aoqulaltion Manage,
Purchnlng
8/25/2005 2:41 PM
Date
Approved By
Steve Carnell
Administrative Servicwa
Purchn:lng/Glltne-n'll 5vCI Oire-etor
Pureh..ing
8/26'20054:13 PM
0...
A pproved By
David C. Weig.l
County Attorney
County Attorney
County Attorney Otfi~
8131120053:22 PM
Dat.
Approved B)'
OIlllB Coord/Nlttlr
County Manager'. Office
Admtnl.tr8tlvtl A..'.t.nt
OffIce of Manllgement & Budget
8131120054:01 PM
Ollte
Approved By
Michael9mykowakl
County M8naOGr'. Office
Managltment & Budget Director
Office of M,magemcmt & Budget
91112005 8:56 AM
Dat.
Approved 8)-'
James V. Mudd
Board of County
Commtulon&l1l
COl.lMty Manager
County Manager', Office
91112005 8:35 PM
Agenda Item No. 16K14
September 13, 2005
Page 3 of 17
SPECIAL MAGISTRATE AGREEMENT
THIS AGREEMENT has been made and entered into on this day
of , 2005, by and between MARIANNE KANTOR hereinafter
referred to as "Special Magistrate," and COLLIER COUNTY, a political
subdivision of the State of Florida, and the DISTRICT SCHOOL BOARD OF
COLLIER COUNTY, hereinafter collectively referred to as the "Value Adjustment
Board" (VAB).
WITNESSETH
1. Commencement. This Agreement will commence upon execution of this
Agreement by the last signing party, and shall terminate upon completion of the
assignment and payment for same, unless renewed in accordance herewith.
2. Assignment. The Special Magistrate shall conduct hearings on petitions
to the Value Adjustment Board regarding exemptions, classifications and
untimely petitions for the 2005 tax year. The Special Magistrate will conduct
these hearings in accordance with the Rules of Procedure adopted by the Collier
County Value Adjustment Board, administrative rules promulgated by the Florida
Department of Revenue, and applicable Florida Statutes. The V AB Rules of
Procedure are attached hereto as Exhibit A and incorporated herein as a part of
this Agreement.
The Special Magistrate shall prepare in writing his/her findings of fact,
conclusions of law, and recommendation to the Value Adjustment Board using
the forms approved by the V AB. Time is of the essence in this regard as the
V AB intends to meet as soon as possible after the completion of the hearings for
purposes of adopting all recommendations by its Special Magistrates. To the
extent reasonably practicable the Special Magistrate will render his/her
recommendation within 48 hours, but, in no event, more than five (5) days after
the hearing. The Special Magistrate shall be compensated on an hourly basis
for the time needed to complete his recommendations subject to the time
limitations imposed in Paragraph 4 below.
If needed, hearings on late-filed petitions will be scheduled for one day during the
last week of September. The Special Magistrate will be expected to orally
announce her decision immediately upon conclusion of the hearing and provide
the written decision within the time frame set forth in the prior paragraph. Upon
the Special Magistrate deciding that the petition is timely filed. the Clerk will notify
the petitioner of a hearing date for future consideration of the petition.
The V AB does not warrant that the Special Magistrate will be scheduled to serve
any particular number of days or hear a specific number of cases.
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Agenda Item No. 16K14
September 13, 2005
Page 4 of 17
3. Standards and Requirements. The Special Magistrate will comply with all
Florida laws and administrative rules, and constitutional principles of due process
when conducting the value adjustment hearings. The Collier County VAS and
the County Attorney may provide additional direction or guidance to the Special
Magistrate, such as its Rules and Procedures, for the conduct of the hearings.
This guidance will be followed by the Special Magistrate to the extent that such
guidance does not impede upon the Special Magistrate's independent decision-
making. The Special Magistrate will consider only acceptable appraisal practices
when hearing all petitions but shall not engage in the re-appraisal of properties.
The Special Magistrate will be responsible for preserving the record and his/her
recommendations as required by Florida Statutes, F.A.C. Rule 120-10, and the
VAS Rules of Procedure. All recommendations shall be forwarded to the Clerk to
the Board along with the evidentiary record for each hearing.
The VAS will be responsible for providing a verbatim transcript and back-up
audio recording of all proceedings. The Special Magistrate will be responsible for
operating the audio recording equipment, if necessary.
By execution of this Agreement, the Special Magistrate represents that s/he
meets the requirements of s. 194.035, Fla. Stat. (2004) and will maintain all
licensure required by this statute through completion of the Assignment.
4. Compensation. The Special Magistrate will be paid an hourly rate of
$110.00 for services rendered in accordance with this Agreement. The Special
Magistrate will maintain a record of time for his/her performance under this
Agreement and shall submit an invoice to the VAS after completion of all
scheduled hearings and recommendations to the VAS. This invoice shall be
signed and certified by the Special Magistrate as being accurate. Upon receipt of
a proper invoice, the VAS will pay the Special Magistrate in accordance with s.
218.70, Fla. Stat., otherwise known as the "Florida Prompt Payment Act."
Any time required for research and preparation beyond the hours required to
conduct hearings shall not exceed twice the number of hours required for
hearings without documentation of the need for such additional hours and
advance approval by the County Attorney's Office.
Time spent traveling to the location of the hearing where the distance traveled
exceeds 25 miles will be compensated at the hourly rate.
The compensation paid to the Special Magistrate shall be borne three-fifths
(3/5s) by the COUNTY and two-fifths (2/5s) by the SCHOOL SOARD.
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Agenda Item No. 16K14
September 13, 2005
Page 5 of 17
After payment of compensation to the Special Magistrate, the COUNTY will
calculate the SCHOOL BOARD's share of the compensation paid and prepare an
invoice for the SCHOOL BOARD. The SCHOOL BOARD agrees to pay the
COUNTY within thirty (3D) days of receipt of this invoice.
5. Costs and Expenses. The VAB shall provide the hearing rooms for all
Special Magistrate hearings and shall be responsible for the costs of recording all
hearings before the Special Magistrate. The V AB will provide the Special
Magistrate with sufficient forms for the completion of his/her findings of facts and
conclusions of law for each hearing. All clerical expenses incurred by the Special
Magistrate in the performance of this Agreement shall be the sole responsibility
of the Special Magistrate.
6. Termination. If the Special Magistrate fails to perform his/her services in a
manner consistent with this Agreement, the VAS may terminate this Agreement
immediately for cause. The VAS reserves the right, in its absolute discretion, to
refrain from scheduling any hearings with the Special Magistrate and to
discontinue the services of the Special Magistrate at any time for convenience. If
the VAS elects to terminate this Agreement for convenience, such election may
be made with no less than 24 hours notice to the Special Magistrate. In
recognition of the special time constraints attendant to VAS hearings, the parties
hereto agree that 24 hours notice is reasonable in this instance. The VAS shall
be the sole judge of non-performance.
The VAS does not warrant that the Special Magistrate will be scheduled to serve
any particular number of days or hear any number of cases.
In the event the Special Magistrate is terminated for cause, which may include
the failure to provide his/her recommendation in a timely manner, the Special
Magistrate will be entitled only to compensation for his/her time in conducting
hearings.
7. Renewal. Unless terminated pursuant to Section 6, this Agreement shall
extend through the completion of the 2005 VAS hearings and the 3D-day
acceptance period provided herein. This Agreement may be renewed for an
additional V AB session for two (2) consecutive years upon written notice by the
VAS to the Special Magistrate prior to expiration of this Agreement. The Special
Magistrate will have thirty (30) days from the date of notice to accept or decline
renewal of this Agreement.
8. No Improper Use. The Special Magistrate agrees he/she will not use, or
suffer or permit any person to use in any manner, 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. In the
event of such violation by the Special Magistrate, the V AB shall have the right to
suspend further work by the Special Magistrate or terminate this Agreement.
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Agenda Item No. 16K14
September 13, 2005
Page 6 of 17
9. Unlawful Solicitation and Assignment of Agreement. Sy execution of this
agreement, the Special Magistrate warrants that he/she has not employed,
retained, paid or agreed to pay any company or person, other than a bona fide
employee, to solicit or secure this Agreement contingent upon, or resulting from,
the award or making of this Agreement. The Special Magistrate further warrants
that no part of the total of the fees payable under the terms of this Agreement
shall be paid directly or indirectly to any employee of the County as wages,
compensation, or gift in exchange for acting as officer, agent, employee,
subcontractor, or consultant to the Special Magistrate in connection with any
services performed under the terms of this Agreement. The Special Magistrate
further warrants that there shall be no transfer or assignment of any part of this
Agreement, except with the express written approval of the VAS.
10. Relationship. Nothing contained herein shall create or be construed as
creating a partnership between the V AB and the Special Magistrate. Nor shall
this Agreement be construed as to constitute the Special Magistrate as an agent
or employee of the VAS.
11. Non-discrlmination. No person on the grounds of handicap, sex, race,
color, religion, national original or age, will be excluded from participation in, be
denied benefits of, or be otherwise subjected to discrimination in the performance
of this Agreement.
12. Records. The Special Magistrate shall maintain records of all accounts,
invoices for reimbursable expenses and supporting documentation for any
research or reports, for a period of five (5) years from completing the
performance of this Agreement. Such records shall be sufficient to permit a
proper pre- and post-audit in accordance with generally accepted accounting
practices. The Special Magistrate shall allow public access to all documents and
materials in accordance with the provisions of Chapter 119, Florida Statutes, and
will permit the inspection of such records at the location where they are kept after
reasonable notice.
13. 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 along with the 2005 Application for Attorney Special
Magistrate submitted by the undersigned party, which is incorporated herein by
reference, shall constitute the entire agreement between the parties, and there
are no other prior or contemporaneous, oral or written agreements,
understandings or promises related to this Agreement.
13. Amendment. This Agreement may be modified only by written amendment
executed by all parties hereto.
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Agenda Item No. 16K14
September 13,2005
Page 7 of 17
14. Notice. When any party desires to give notice to the other, it must
be given in writing and sent by regular mail or facsimile to the party for whom it is
intended, as specified below:
VALUE ADJUSTMENT BOARD
c/o Ellen T. Chadwell, Esq.
Office of County Attorney
3301 Tamiami Trail East
8th Floor (Bldg F)
Naples, Florida 34112
Telephone: (239) 774-8400
Facsimile: (239) 774-0225
Copy to:
Clerk to Value Adjustment Board
C/o Patricia Morgan, Supervisor
Clerk of Courts
3301 Tamiami Trail East
4th Floor (Sldg F)
Telephone: (239) 774-8399
Facsimile: (239) 774-8408
SPECIAL MAGISTRATE
Marianne Kantor
Post Office Sox 50427
Fort Myers, FL 33994
Telephone: (239) 694-6292
Facsimile: (239) 694-6292
15. Governing Law. This Agreement shall be governed by Florida law.
IN WITNESS WHEREOF, the parties have hereunto affixed their signatures by
their duly authorized representatives.
As to SPECIAL MAGISTRATE:
Witnesses:
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Signa~,' e " . . d "~
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Print Name
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Agenda Item No. 16K14
September 13, 2005
Page 8 of 17
~-
As to VALUE ADJUSTMENT:
BOARD:
Date:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK OF COLLIER COUNTY
By:
, Deputy Clerk FRED W. COYLE, Chairman
:.a"d os to f('Xeoa1 .ufflcl.,
c '1L. ~.. . dtU1~
Assistant County Attorney
W't Ellen T. Chadwell D t
I nesses: a e:
~-l-S'''' Or('
/&k:;f L.~~
Signature
;f1tlf;Sgl) r c Sf'e'l-'(;~/L.
Print Name
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Signatu
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Print Na e
COLLIER COUNTY DISTRICT
SCHOOL B~ .
By: ~
STEVE FAIN, Financial Officer
6
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Agenda Item No. 16K14
September 13, 2005
Page 9 of 17
VALUE ADJUSTMENT BOARD
RULES OF PROCEDURE
CHAPTER 1 : ORGANIZATION
1. The Value Adjustment Board is a separate and distinct governmental body
created by statute and is composed of three members of the Board of County
Commissioners and two School Board Members.
2. One of the County Commissioners is required to the elected as Chairman
of the Board.
3. The members of the Board may be temporarily replaced by other
members of the respective boards (Le. the Commission and School Board) on
appointment by their respective chairpersons.
4. Any three members of the Board constitute a quorum, except that each
quorum must include at least one Commissioner and one School Board member.
No meeting of the Board can take place without a quorum.
5. Two-fifths on the expenses of the Board are borne by the School Board
and three-fifths by the County Commission. I
6. As used herein, the word "Board" means "Value Adjustment Board" and
"Special Magistrates."
CHAPTER 2:
POWERS AND DUTIES
1. The Board must meet not earlier than 30 days, nor later than 60 days after
the mailing of the "Notices of Proposed Property Taxes" by the Property
Appraiser under section 194.011 (1), Florida Statutes; provided, however, that no
Board hearing may be held before approval of all or any part of the assessment
rolls by the Departments of Revenue. The Board is required to meet for the
following purposes:
(a) Hearing taxpayers' petitions relating to the amount of assessments.
(b) Hearing complaints relating to Homestead exemptions.
(c) Hearing appeals from exemptions denied, or disputes arising from
exemption granted, upon the filing of exemption applications (Le.
other than Homestead exemptions)
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Agenda Item No. 16K14
September 13, 2005
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(d) Hearing appeals concerning ad valorem tax deferrals and
classifications.
Notwithstanding the foregoing, the Board may meet prior to the approval of the
assessment rolls by the Department of Revenue, but not earlier than July 1. to
hear appeals pertaining to the denial by the Property Appraiser of exemptions,
agricultural classifications, and deferrals under (b), (c), and (d). In such event,
the Board may not certify any assessments under Section 193.122 until after the
Department has approval such assessments in accordance with Section
193.1142 and after all hearings have been help with respect to the Particular
parcel under appeal.
2. The Board was authorized by state law to impose a filling fee not to
exceed $15.00 for each separate parcel of property, real or personal, covered by
taxpayers petitions (i .e. with certain exceptions pertaining to denials of
Homestead exemption and tax deferrals). Petitions filed without the appropriate
filing fee are deemed invalid and must be rejected.
3. The Board is required to appoint special magistrates for the purpose of
taking testimony and making recommendations to the Board, which
recommendations the Board may act upon without further hearing. The Board
has chosen to act upon such recommendations without further hearings.
Appeals to the full Board by Taxpayers and the Property Appraiser requesting de
novo review of the special magistrate's recommendations will be denied.
Special magistrates must meet the criteria set forth in s. 194.035, Fla. Stat.
4. The Board is required to remain in session from day to day until all
petitions, complaints, appeals, and disputes are heard. If all or any part of an
assessment roll is disapproved by the Florida Department of Revenue, the Board
is required to reconvene to hear petitions, complaints, appeals and disputes filed
upon the finally approved roll or part of a roll.
S. The Board has no power to fix the original valuation of property for ad
valorem tax purposes or to grant an exemption not authorized by law. The Board
is bound by the same standards as the County Property Appraiser in determining
value and the granting of exemptions. With certain exceptions, all property, real
and personal, must be assessed at fair market value as of January 1 of the tax
year. The Board, or its special magistrates, may not reduce an assessment
below fair market value (i.e. in order to "equalize" it with other assessments), but
for purposes of reviewing a petition, the Board may consider assessments
among comparable properties within homogeneous area or neighborhoods.
6. The Board has no power to grant relief either by adjustment of the value of
a property or by the granting of an exemption on the basis of hardship of a
particular taxpayer.
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Agenda Item No. 16K14
September 13, 2005
Page 11 of 17
7. The Board, in determining the valuation of a specific property, may not
consider the ultimate amount of tax required by the various taxing authorities.
8. The powers, authorities, duties and functions of the Board, insofar as they
are appropriate, apply equally to real property and tangible personal property.
9. The Board may not extend the time for the filing of petitions. However, the
failure to meet the statutory deadline for filing a petition is not a absolute bar to
consideration of such a petition by the Board when the Board determines that the
petitioner has demonstrated good cause for failure to timely file, justifying
consideration, and that the delay will not in fact be prejudicial to the performance
of its functions in the taxing process. The issue of whether a petitioner can
demonstrate ~good cause" for a late filing will be determined by the Special
Magistrate in accordance with Chapter 4.
10. The Board is required to hear disputed or appealed applications for
exemption and must grant such exemptions, in whole or in part, in accordance
with the criteria established by law. In addition, the Board may review previously
granted exemptions on its own motion or upon motion of the Property Appraiser.
Review of an exemption application upon motion of the Board cannot be heard
until the applicant has had at least five (5) calendar days notice of the Board's
intent to review the application.
11. The Board will comply with all valid rules and regulations promulgated by
the Florida Department of Revenue.
CHAPTER 3: PRE-HEARING EVIDENCE EXCHANGE
1. At least fifteen (1S) days before the scheduled hearing, the
taxpayer/petitioner must provide the Property Appraiser with a written list and
summary of evidence, along with copies of the all documentation to be presented
at the hearing. The taxpayer/petitioner should take such measures as are
necessary to ensure receipt of these materials by the Property Appraiser within
this time period. The complete package must be provided to the Property
Appraiser and two copies of the evidence package must be delivered to the Clerk
to the Board for distribution to the Special Magistrate and for purposes of the
record.
2. No later than seven (7) days before the hearing, if the Property Appraiser
receives the taxpayer/petitioner's documentation, and if requested in writing by
the taxpayer/petitioner, the Property Appraiser must provide the
taxpayer/petitioner with a written list and summary of its evidence to 'be
presented at hearing. This list and summary must likewise be accompanied with
copies of the documentation to be presented.
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Agenda Item No. 16K14
September 13, 2005
Page 12 of 17
The evidence list must contain the property record card if provided by the Clerk.
When computing the seven day period, Saturdays, Sundays and legal holidays
shall not be included.
3. If the taxpayer/petitioner does not provide the information to the Property
Appraiser at least 15 days prior to the hearing pursuant to Section 1 above, the
Property Appraiser need not provide the information to the taxpayer/petitioner
pursuant to Section 2. If the Property Appraiser requests in writing any
evidentiary materials of the taxpayer/petitioner, and the taxpayer/petitioner
refuses to provide the requested materials prior to the hearing, such information
shall not be presented or considered at the scheduled hearing by the Special
Magistrate. (Fla. Stat. 194.034(1 )(d)).
4. If the Property Appraiser does not provide the information within the time
required under Section 2, the taxpayer/petitioner will be entitled to reschedule the
hearing. In such event, the taxpayer must notify the Clerk no later than twenty-
four (24) hours, excluding weekends and holidays, after the day of required
production that the Property Appraiser did not fully comply, the details of such
non-compliance, and request a reschedule in writing. After receipt of this written
notice, the Clerk will re-schedule the hearing.
5. The documentation exchanged under Section 1 and 2 above must be
delivered by regular or certified mail, personal delivery, overnight mail, facsimile
or e-mail. The date of transmission bye-mail or fax to an address provided by
the addressee shall be deemed to constitute the date of delivery to the recipient.
For such purpose, three e-mail or fax attempts to the address provided by the
addressee will be deemed sufficient. If more than one fax number is provided,
three (3) attempts must be made to each number to satisfy this requirement.
"Provided" means made available in the manner designated by the property
appraiser or by the taxpayer/petitioner in his/her submission of information, as via
email,facsimile, U.S. Mail, or at the property appraiser's office for pick up. If the
taxpayer/petitioner designates delivery by U.S. Mail or does not speCifically
designate the desired manner for receiving the Property Appraiser's information,
the information shall be deposited into the mail by the Property Appraiser. The
taxpayer/petitioner and the Property Appraiser may agree to a different method
or timing of the exchange.
6. The information must be sent to the taxpayer/petitioner or agent at the
address shown on the petition form; however, it may be submitted to an e-mail or
fax address if so indicated by the taxpayer/petitioner.
7. In computing any periOd of time prescribed by these rules, the day of the
act, event, or default from which the designated period of time begins to run shall
not be included. The last day of the period so computed shall be included .unless
it is a Saturday, Sunday, or legal holiday, in which event the period shall run until
the end of the next day which is neither a Saturday, Sunday or legal holiday.
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Agenda Item No. 16K14
September 13, 2005
Page 13 of 17
If the fifteenth day before a hearing is a Saturday, Sunday, or legal holiday, the
information under subsection 2 shall be provided no later than the previous
business day.
8. The summary of any testimony submitted pursuant to Sections 1 and 2
shall be sufficiently detailed as to reasonably inform a party of the general
subject matter of the witness testimony, and shall contain the name and address
of the witness.
9. No taxpayer/petitioner may present nor shall the special magistrate accept for
consideration any "testimony or other evidentiary materials" that were requested
of the taxpayer/petitioner in writing by the Property Appraiser of which the
taxpayer "had knowledge and denied to the Property Appraiser." (Section
194.034(1) (d), Florida Statutes.)
10. Neither the Board nor the special magistrate shall take any general action
regarding compliance with this Chapter, but any action on each petition shall be
considered on a case by case basis. Any action shall be based on a
consideration of whether there has been a substantial noncompliance with this
section, and shall be taken at a scheduled hearing and based on evidence
presented at such hearing. "General action" means a prearranged course of
conduct not based on evidence received in a specific case at a scheduled
hearing on a petition. The normal remedy for such non-compliance shall be a
rescheduling of the hearing to allow the petitioner an opportunity to review the
information of the Property Appraise'r.
CHAPTER 4: CONDUCT OF HEARINGS; PROCEDURES
1. Proceedings of the Board must be conducted in compliance with the
Florida Sunshine Law (i.e. Section 268.011, Florida Statutes):
(a) Reasonable notice must be given to the public prior to a Board
meeting.
(b) All Board meetings at which any official action may be taken must
be held in the open.
2. Board and special magistrate hearings are required to the conducted in
accordance with the applicable provisions of Chapter 194 and 196, Florida
Statutes, and administrative rules promulgated by the Florida Department of
Revenue. Chapter 120, Florida Statutes, does not apply to VAB proceedings,
including hearings before the Special Magistrates.
3. Upon the filing of a petition by a taxpayer, the Clerk of the Board is
required to deliver to the person so filing, an acknowledgment of receipt of such
petition and must promptly furnish a copy of same to the Property Appraiser.
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Agenda Item No. 16K14
September 13, 2005
Page 14 of 17
-
The failure to file the appropriate filing fee with the petition will result in the
rejection of the petition. Any late-filed petitions received by the Clerk will be
scheduled before a special magistrate in accordance with Section 4 below.
4. A late-filed petition will be scheduled for hearing before a Special
Magistrate by the Clerk and reasonable notice given to the taxpayer/petitioner.
If, after review of the evidence, the Special Magistrate finds that the
taxpayer/petitioner has demonstrated both "good cause" justifying the late filing
AND that delay will not be prejudicial to the Board's performance of its functions,
s/he will issue the finding at conclusion of the hearing. Thereafter the Clerk will
schedule the petition for a hearing. All evidence to be presented to the Special
Magistrate by the taxpayer/petition must be provided to the Property Appraiser
no later than seven (7) days in advance of the "good cause" hearing. The time
periods contained in Chapter 3 do not apply to "good cause" hearings.
S. The Clerk of the Board will prepare a schedule of appearances before the
Board (Special Magistrates) based on petitions (including applications for
Homestead Exemptions denied by the Property Appraiser) timely filed with him.
The Clerk must notify each petitioner of the scheduled time of his appearance in
writing by U.S. mail or Personal delivery so that the notice is received by the
taxpayer no less than twenty-five (2S) calendar days prior to the day of such
scheduled appearance. The Clerk is deemed to have prima facie complied with
such notice requirements if the notice is deposited in the U.S. Mail thirty (3D)
days prior to the day of such scheduled appearance. The Clerk will include a
copy of the property record card with the notice in all cases, whether or not
requested by the taxpayer. The Clerk will not schedule hearings in personal
DroDertv cases, unless a return is filed within the time prescribed by the Board.
6. The petitioner has the right to reschedule his or her hearing ONE time by
submitting to the Clerk a written request to reschedule NO LESS THAN FIVE (5)
calendar days before the day of the originally scheduled hearing. This does not
apply to "good cause" hearings.
7. The Board and its special magistrates act in a quasi-judicial capacity with
respect to the conduct of these hearings.
8. Board members and special magistrates should disqualify themselves on
their own initiative or upon motion of any party interest or other cause for which a
judge may be recused, with respect to any appeal coming before the Board.
9. No Board member or special magistrate should communicate ex parte
with any taxpayer or the Property Appraiser relative to the merits of any case.
However, this should not preclude a Board member or special magistrate from
communicating with a taxpayer or the Property Appraiser for proposes of
obtaining additional raw data upon which a finding might be based.
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Agenda Item No. 16K14
September 13, 2005
Page 15 of 17
Any communications concerning the proper conclusion to be drawn from any
such raw data would constitute a discussion of the merits and results in an ex
part~ communication prohibited by law.
10. (a) Any taxpayer may be represented by an attorney or agent before
the Board or special magistrate, or may appear on his own behalf.
(b) A condominium homeowners' association (or qualified incorporated
mobile home park association) may appear before the Board or Special
Magistrate to present testimony and evidence regarding the assessment
of condominium units which said association represents. Said testimony
and evidence must also be considered by the Board or Special Magistrate
with respect to petitions filed by individual condominium unit owners,
unless the owner requests otherwise.
11. (a) Irrelevant, immaterial or unduly repetitious evidence may be
excluded by the Board or special magistrate but all other evidence of a
type commonly relied upon by reasonable prudent persons in the conduct
of their affairs is admissible, whether or not such evidence would be
admissible in a court of law.
(b) Any part of a taxpayer's evidence may be received in written from,
and all testimony of parties and witnesses is required to be made under
oath upon the request of either party. The Special Magistrate or court
reporter will administer the oath to all persons providing testimony,
including parties. Witnesses for either party may be cross - examined by
the other party when testimony is taken.
(c) Hearsay evidence may be admitted for the purpose of
supplementing or explaining other evidence, but it is not sufficient in itself
to support a finding unless it would be admissible over objection in a civil
action in the courts of this State.
12. The Property Appraiser's determinations are entitled to a "presumption of
correctness" and petitioning taxpayers have the burden to prove that the Property
Appraiser's determinations are incorrect.
(a) In the non-valuation cases (e.g. exemption and agricultural
classification cases), this presumption of correctness can be properly
rebutted only by evidence which excludes very reasonable hypothesis of a
leoal assessment.
(b) In valuation cases, the Property Appraiser's valuation is still
presumed correct, but the presumption is lost if the taxpayer establishes
by a preponderance of the evidence that either the Property Appraiser (a)
failed to properly consider all of the valuation criteria mandated by statute
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Agenda Item No. 16K14
September 13, 2005
Page 16 of 17
in computing the assessment, or (b) derived the assessment arbitrarily
based on appraisal practices different from those generally applied to
comparable property within the same class and county.
If the taxpayer overcomes the initial presumption of correctness, in the
foregoing manner, he or she then has the burden to prove by a
preponderance of the evidence that the assessment exceeds fair marker
value. If, however, the taxpayer cannot overcome the property appraiser's
initial presumption of correctness, then the taxpayer, in order to obtain
relief, must prove that the assessment is excessive by clear and
convincina evidence. In no case involving valuation, however, does the
taxpayer have the burden of proving that the assessment is "not supported
by any reasonable hvoothesis of a leoal assessment."
13. If the Property Appraiser's assessed value is determined to be erroneous,
the Board can establish the assessment if there exists competent, substantial
evidence in the record. If not, the Board must remand to the Property Appraiser
with the appropriate directions for a redetermination of value.
14. The Clerk of the Board is required to maintain a verbatim record of all
proceedings and must preserve all documentary evidence and listings for a
period of not less than four (4) years. The Board and its special magistrates
should insist that all documentary evidence relied upon by any party be
incorporated into the Board's files. In the event a party refuses to relinquish
possession of any such documentary evidence, the Board and its special
magistrates should not consider the same in making a finding of fact or
conclusion of law.
15 No petitioner may present, nor may the Board or special magistrate
accept, testimony or other evidentiary materials for consideration that were
requested of the petitioner in writing by the Property Appraiser of which the
petitioner had knowledge, and denied to the Property Appraiser. No evidence
shall be considered by the Board or special magistrate except when presented
during the time scheduled for the petitioner's hearing, or at a time when the
petitioner has been given reasonable notice.
16. Every decision of the Board or recommendation by a Special Magistrate
must contain specific and detailed findings of fact, including both ultimate findings
of fact and basic and underlying findings of fact. Each basic and underlying
finding must be properly annotated to its supporting evidence.
(a) An ultimate finding is a determination of fact is usually expressed in
the language of a statutory standard and must be supported by and flow
rationaUyfrom adequate basic and underlying findings.
14
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Agenda Item No. 16K14
September 13, 2005
Page 17 of 17
(b) Basic and underlying findings are those findings on which the
ultimate findings rest and which are supported by evidence. Basic and
underlying findings are more detailed than the ultimate findings, but less
detailed than a summary of evidence.
(c) Reasons are those clearly stated grounds upon which the Board or
Property Appraiser acted.
17. All decisions made must include the nature of the change made and
indicate the just, taxable, and exempt value before and after the change.
18. The Special Magistrate shall render a written recommendation in a form
provided by the Clerk of the Board, within five (5) days of the hearing. This
recommendation may, but need not, be rendered at the conclusion of the
hearing. All recommendations are presented to the Board at a publicly noticed
meeting and approved by the Board without further hearing.
19. All final decisions by the Board must be issued within twenty (20) calendar
days of the last day the Board is in session, and the clerk, upon issuance thereof,
must notify by first class mail each taxpayer, the Property Appraiser and the
Department of Revenue of the decision of the Board. If no decision is rendered
in a case, the reason therefore must be placed in the records, compiled by the
Clerk and maintained along with the verbatim record.
15
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Agenda Item No. 16K15
September 13, 2005
Page 1 of 58
EXECUTIVE SUMMARY
Recommendation to award RFP 05-3848 and approve contracts with Stephen A.
Cunningham, South Florida Valuation Services, Inc., Cecil L. Neff & Associates, Inc., and
Machinery Capital Assets to provide Appraiser Special Magistrate services to Collier County
Value Adjustment Board. Aggregate cost anticipated not to exceed $15,000 per the 2005 V AB
season.
OBJECTIVE: To provide the taxpayers of Collier County a venue to appeal property taxes
levied on their property in accordance with Florida Statutes, Section 194.035, as amended in 2002.
CONSIDERATIONS: Requests for proposals #05-3848 "Appraisal Special Magistrate for the
2005 Collier COWlty Value Adjustment Board" were solicited on April 28, 2005. Notification was
sent to 58 firms. Pursuant to this RFP, both real property and tangible property appraisers were
solicited to serve as special magistrates. Seven proposals were received by the closing date of June
8, 2005. Only one of these proposals qualified for tangible property, and this firm, Machinery
Capital Assets, was ranked number one and selected (appointed) by the Value Adjustment Board.
The other six proposals for real property appraisers were evaluated and ranked by a selection
committee as follows:
1.
2.
3.
4.
5.
6.
Stephen A. Cunningham
South Florida Valuation Services, Inc.
Cecil L. Neff & Associates, Inc. (Alternate)
Donald P . Wood
Applied Appraisal Services
Lussy and Associates
By consensus of the Value Adjustment Board on JWle 20,2005, and in public session, the following
appraisers were selected (appointed) for award of the Appraiser Special Magistrate contract:
Stephen A. Cunningham, South Florida Valuation Services, Cecil L. Neff and Machinery Capital
Assets. Contract negotiations have been completed and the proposed contracts are attached.
The term of the contact is for one (1) Collier County Value Adjustment Board session with an
option for two (2) additional Collier COWlty Value Adjustment Board sessions. Hourly rates are
$95.00 --$110.00.
FISCAL IMPACT: The aggregate cost of these services is not expected to exceed $15,000.00
based on historical data. This cost is shared with the District School Board, which by statute is
responsible for two-fifths of these expenses. The source of the County's portion of these costs the
Other General Administrative Cost Center in the General Fund.
GROWTH MANAGEMENT IMPACT: Not applicable.
RECOMMENDATION: That the Board of County Commissioners award RFP 05-3848
("Appraiser Special Magistrate for the 2005 Collier County Value Adjustment Board") to Stephen
A. Cunningham, South Florida Valuation Services, Inc., Cecil L. Neff & Associates, Inc. and
Machinery Capital Assets, and authorize the Chairman to execute each agreement.
Item Number:
,""-- Item Summary:
Meeting Om:
Prepared By
Mike Hauer
Admlnictrlltlvc Sarvlces
Approved By
Mike Hauer
Admini$trlltlve $&rvicel!l
Apl)(oved By
Steve Carnell
Administrative SMvicel!l
Approved By
David C. Weigel
County Attorney
Approved B)-'
Nancy Bradley
County Attorney
Appro\'ed By
OMS Coordinator
County Manager's Offic~
Approved By
Mlehael Smykowski
County Manager's Office
Approved By
JOImes V. Mudd
Board of County
r CommM5ioner6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Agenda Item No. 16K15
September 13, 2005
Page 2 of 58
16K15
Recommendabon 10 award RFP 05.3848 and approve contracts with Stephen A.
Cunningham. South Florida Services, Inc., Cecil L. Nett & Associates Inc., and Machinery
Capital Assets to provide Appraiser Special MaQistrate ~el'll'ices to the Collier CQunty Value
Adjustment Board. Agoregllt~ cosl anticipated no11o elweed 515,000 per Ihl-l 2005 VAB
9/13/20059:00:00 AM
Acquisition Manager
Purchasing
Acquisition Manager
Purchasing
PurchulnglG&Mral Sves Director
Purchasing
County Attorney
County Attorney Office
Legal Sftcrmry
County AttorM}' Office
Administrative Auillitanl
Office of M.llnag(!fll0f1t & Budget
Manageme-nt & Budget Director
Office o,f Management & Budget
County Mtlnager
County Manager's Offiee
Dale
8124120055:03:27 PM
Dale
8125/2005 2~42 PM
Dm.
812tU2005 4: 14 PM
Dale
8/3112005 3:24 PM
Dale
8/3112005 3:27 PM
Dale
8(3112005 4:02 PM
Date
9/1 (2005 6:59 AM
Dale
9/1120057;49 PM
(
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Agenda Item No. 16K15
September 13, 2005
Page 3 of 58
SPECIAL MAGISTRATE AGREEMENT
THIS AGREEMENT has been made and entered into on this day
of , 2005, by and between STEPHEN A. CUNNINGHAM, hereinafter
referred to as "Special Magistrate," and COLLIER COUNTY, a political subdivision of
the State of Florida, and the DISTRICT SCHOOL BOARD OF COLLIER COUNTY,
hereinafter collectively referred to as the "Value Adjustment Board" (VAB).
WITNESSETH
1. Commencement. This Agreement will commence upon execution of this
Agreement by the last signing party, and shall terminate upon completion of the
assignment and payment for same.
2. Assignment. The Special Magistrate shall conduct hearings on petitions to the
Value Adjustment Soard regarding valuation of real estate or tangible personal property
for the 2005 tax year. The Special Magistrate will conduct these hearings in
accordance with the Rules of Procedure adopted by the Collier County Value
Adjustment Board, administrative rules promulgated by the Florida Department of
Revenue, and applicable Florida Statutes. The VAS Rules of Procedure are attached
hereto as Exhibit A and incorporated herein as a part of this Agreement.
These hearings will commence on or after October 14, 2005, and may continue each
following day until completed. The Special Magistrate shall prepare in writing his/her
findings of fact, conclusions of law, and recommendation to the Value Adjustment Board
using the forms approved by the VAS. Time is of the essence in this regard as the
VAS intends to meet as soon as possible after the completion of the hearings for
purposes of adopting all recommendations by its Special Magistrates. To the extent
reasonably possible the Special Magistrate will render hislher recommendation within
48 hours, but, in no event, more than five (5) days after the hearing. To this end, the
VAS has requested in its solicitation of interest, and the Special Magistrate has
represented, h;slher availability from October 13 to November 15, 2005. The Special
Magistrate shall be compensated on an hourly basis for the time needed to complete his
recommendations subject to the time limitations imposed in Paragraph 4 below.
The VAS does not warrant that the Special Magistrate will be scheduled to serve any
particular number of days or hear any number of cases.
3. Standards and Requirements. The Special Magistrate will comply with all
Florida laws and administrative rules, and constitutional principles of due process when
conducting the value adjustment hearings. The Collier County VAS and the County
Attorney may provide additional direction or guidance to the Special Magistrate, such as
its Rules and Procedures, for the conduct of the hearings. This guidance will be
followed by the Special Magistrate to the extent that such guidance does not impede
upon the Special Magistrate's independent decision-making.
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Agenda Item No. 16K15
September 13, 2005
Page 4 of 58
The Special Magistrate will consider only acceptable appraisal practices when hearing
all petitions but shall not engage in the re-appraisal of properties.
The Special Magistrate will be responsible for preserving the record and his/her
recommendations as required by Florida Statutes, F.A.C. Rule 12D-10, and the VAB
Rules of Procedure. All recommendations shall be forwarded to the Clerk to the Board
along with the evidentiary record for each hearing.
The VAS will be responsible for providing a verbatim transcript and back-up audio
recording of all proceedings. The Special Magistrate will be responsible for operating
the audio recording equipment, if necessary.
Sy execution of this Agreement, the Special Magistrate represents that s/he meets the
requirements of s. 194.035, Fla. Stat. (2004) and will maintain all licensure required by
this statute through completion of the Assignment.
4. Compensation. The Special Magistrate will be paid an hourly rate of $ 100.00
for services rendered in accordance with this Agreement. The Special Magistrate will
maintain a record of time for his/her performance under this Agreement and shall submit
an invoice to the VAB after completion of all scheduled hearings and recommendations
to the VAS. This invoice shall be signed and certified by the Special Magistrate as
being accurate. Upon receipt of a proper invoice, the VAS will pay the Special
Magistrate in accordance with s. 218.70, Fla. Stat., otherwise known as the "Florida
Prompt Payment Act."
Any time required for research and preparation beyond the hours required to conduct
hearings shall not exceed twice the number of hours required for hearings without
documentation of the nEied for such additional hours and advance approval by the
County Attorney's Office.
Time spent traveling to the location of the hearing where the distance traveled exceeds
25 miles will be compensated at the hourly rate.
The compensation paid to the Special Magistrate shall be borne three-fifths (3/5s) by
the COUNTY and two-fifths (2/5s) by the SCHOOL BOARD. After payment of
compensation to the Special Magistrate, the COUNTY will calculate the SCHOOL
BOARD's share of the compensation paid and prepare an invoice for the SCHOOL
BOARD. The SCHOOL BOARD agrees to pay the COUNTY within thirty (30) days of
receipt of this invoice.
5. Costs and Expenses. The VAB shall provide the hearing rooms for all Special
Magistrate hearings and shall be responsible for the costs of recording all hearings
before the Special Magistrate. The VAB will provide the Special Magistrate with
sufficient forms for the completion of his/her findings of facts and conclusions of law for
each hearing. All clerical expenses incurred by the Special Magistrate in the
performance of this Agreement shall be the sole responsibility of the Special Magistrate.
2
Agenda Item No. 16K 15
September 13, 2005
Page 5 of 58
6. Termination. If the Special Magistrate fails to perform his/her services in a
manner consistent with this Agreement, the VAS may terminate this Agreement
immediately for cause. The VAB reserves the right, in its absolute discretion, to refrain
from scheduling any hearings with the Special Magistrate and to discontinue the
services of the Special Magistrate at any time for convenience. If the VAB elects to
terminate this Agreement for convenience, such election may be made with no less than
24 hours notice to the Special Magistrate. In recognition of the special time constraints
attendant to VAS hearings, the parties hereto agree that 24 hours notice is reasonable
in this instance. The VAB shall be the sole judge of non-performance.
In the event the Special Magistrate is terminated for cause, which may include the
failure to provide hislher recommendation in a timely manner, the Special Magistrate will
be entitled only to compensation for hislher time in conducting hearings.
7. Renewal. Unless terminated pursuant to Section 6, this Agreement shall extend
through the completion of the 2005 VAS hearings and the 30-day acceptance period
provided herein. This Agreement may be renewed for an additional VAS session for
two (2) consecutive years upon written notice by the VAS to the Special Magistrate prior
to the expiration of this Agreement. The Special Magistrate will have thirty (30) days
from the date of notice to accept or decline renewal of this Agreement.
8. No Improper Use. The Special Magistrate agrees he/she will not use, or suffer
or permit any person to use in any manner, 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. In the event of such violation by the
Special Magistrate, the VAB shall have the right to suspend further work by the Special
Magistrate or terminate this Agreement.
9. Unlawful Solicitation and Assignment of Agreement. By execution of this
agreement, the Special Magistrate warrants that he/she has not employed, retained,
paid or agreed to pay any company or person, other than a bona fide employee, to
solicit or secure this Agreement contingent upon, or resulting from, the award or making
of this Agreement. The Special Magistrate further warrants that no part of the total of
the fees payable under the terms of this Agreement shall be paid directly or indirectly to
any employee of the County as wages, compensation, or gift in exchange for acting as
officer, agent, employee, subcontractor, or consultant to the Special Magistrate in
connection with any services performed under the terms of this Agreement. The
Special Magistrate expressly acknowledges that the VAB is entering into this
. Agreement due to the qualifications and experience of Stephen A. Cunningham, and
further agrees that there shall be no transfer or assignment of any part of this
Agreement, except with the express written approval of the VAB, and all hearings will be
conducted by Stephen A. Cunningham.
10. Relationship. Nothing contained herein shall create or be construed as creating
a partnership between the VAB and the Special Magistrate.
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Agenda Item No. 16K15
September 13, 2005
Page 6 of 58
Nor shall this Agreement be construed as to constitute the Special Magistrate as an
agent or employee of the V AB.
11. Non-discrimination. No person on the grounds of handicap, sex, race, color,
religion, national original or age, will be excluded from participation in, be denied
benefits of, or be otherwise subjected to discrimination in the performance of this
Agreement.
12. Records. The Special Magistrate shall maintain records of all accounts, invoices
for reimbursable expenses and supporting documentation for any research or reports,
for a period of five (5) years from completing the performance of this Agreement. Such
records shall be sufficient to permit a proper pre- and post-audit in accordance with
generally accepted accounting practices. The Special Magistrate shall allow public
access to all documents and materials in accordance with the provisions of Chapter
119, Florida Statutes, and will permit the inspection of such records at the location
where they are kept after reasonable notice.
13. 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 along with the terms and conditions of RFP 05-3848, "Appraiser Special
Magistrate for 2005 Collier County VAB," and the response thereto submitted by the
undersigned party, which is incorporated herein by reference, shall constitute the entire
agreement between the parties, and there are no other prior or contemporaneous, oral
or written agreements, understandings or promises related to this Agreement.
14. Amendment. This Agreement may be modified only by written amendment
executed by all parties.
15. Notice. When any party desires to give notice to the other, it must be
given in writing and sent by regular mail or facsimile to the party for whom it is intended,
as specified below:
VALUE ADJUSTMENT BOARD
c/o Ellen T. Chadwell, Esq.
Office of County Attorney
3301 Tamiami Trail East
8th Floor (Bldg F)
Naples, Florida 34112
Telephone: (239) 774-8400
Facsimile: (239) 774-0225
Copy to:
Clerk to the Value Adjustment Board
c/o Patricia Morgan, Supervisor
Clerk of Courts
3301 Tamiami Trail East
4th Floor (Bldg F)
Naples, Florida 34112
Telephone: (239) 774-8399
Facsimile: (239) 774-8408
4
Agenda Item No. 16K15
September 13, 2005
Page 7 of 58
16. Governing Law. This Agreement shall be governed by Florida law.
IN WITNESS WHEREOF, the parties have hereunto affixed their signatures by their
duly authorized representatives.
As to SPECIAL MAGISTRATE:
Witnesses:
/ JftJ.~
S~ re
. Gr.p .pnl.p.fJ
Print Name
4)~k
Signature G
f)"u yR.o~ '5
Print Name
As to VALUE ADJUSTMENT
BOARD:
ATTEST:
DWIGHT E. BROCK, CLERK
By:
, Deputy Clerk
~O~_.&~
Witnes~~.istant Count] Attornel
M-:pl
SignjIture
/(v(JeJL.r c.... J~avct:r(
Print Name
~~
Signatu ~
r ~ Lock
Print N me
~
DATE: qgjkcj
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DATE:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY
By:
FRED W. COYLE, Chairman
DATE:
g 75''' (),5
COLLIER COUNTY DISTRICT
SCHOOL BOARD
By: c51~ ~\
STEVE FAIN, Financial Officer
Collier County District School Board
5
Agenda Item No. 16K15
September 13, 2005
Page 8 of 58
r
VALUE ADJUSTMENT BOARD
RULES OF PROCEDURE
CHAPTER 1 : ORGANIZATION
1. The Value Adjustment Board is a separate and distinct governmental body
created by statute and is composed of three members of the Board of County
Commissioners and two School Board Members.
2. One of the County Commissioners is required to the elected as Chairman of the
Board.
3. The members of the Board may be temporarily replaced by other members of the
respective boards (Le. the Commission and School Board) on appointment by their
respective chairpersons.
4. Any three members of the Board constitute a quorum, except that each quorum
must include at least one Commissioner and one School Board member. No meeting of
the Board can take place without a quorum.
r
S. Two-fifths on the expenses of the Board are bome by the School Board and
three-fifths by the County Commission.
6. As used herein, the word "Board" means "Value Adjustment Board" and "Special
Magistrates. "
CHAPTER 2:
POWERS AND DUTIES
1. The Board must meet not earlier than 30 days, nor later than 60 days after the
mailing of the "Notices of Proposed Property Taxes" by the Property Appraiser under
section 194.011 (1), Florida Statutes; provided, however, that no Board hearing may be
held before approval of all or any part of the assessment rolls by the Departments of
Revenue. The Board is required to meet for the following purposes:
(a) Hearing taxpayers' petitions relating to the amount of assessments.
(b) Hearing complaints relating to Homestead exemptions.
(c) Hearing appeals from exemptions denied, or disputes arising from
exemption granted, upon the filing of exemption applications (Le. other
than Homestead exemptions)
(d) Hearing appeals concerning ad valorem tax deferrals and classifications.
".--
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Agenda Item No. 16K15
September 13, 2005
Page 9 of 58
Notwithstanding the foregoing, the Board may meet prior to the approval of the
assessment rolls by the Department of Revenue, but not earlier than July 1, to hear
appeals pertaining to the denial by the Property Appraiser of exemptions, agricultural
classifications, and deferrals under (b), (c), and (d). In such event, the Board may not
certify any assessments under Section 193.122 until after the Department has approval
such assessments in accordance with Section 193.1142 and after all hearings have
been help with respect to the Particular parcel under appeal.
2. The Board was authorized by state law to impose a filling fee not to exceed
$15.00 for each separate parcel of property, real or personal, covered by taxpayers
petitions (Le. with certain exceptions pertaining to denials of Homestead exemption and
tax deferrals). Petitions filed without the appropriate filing fee are deemed invalid and
must be rejected.
3. The Board is required to appoint special magistrates for the purpose of taking
testimony and making recommendations to the Board, which recommendations the
Board may act upon without further hearing. The Board has chosen to act upon such
recommendations without further hearings. Appeals to the full Board by Taxpayers and
the Property Appraiser requesting de novo review of the special magistrate's
recommendations will be denied. Special magistrates must meet the criteria set forth in
s. 194.035, Fla. Stat.
4. The Board is required to remain in session from day to day until all petitions,
complaints, appeals, and disputes are heard. If all or any part of an assessment roll is
disapproved by the Florida Department of Revenue, the Board is required to reconvene
to hear petitions, complaints, appeals and disputes filed upon the finally approved roll or
part of a roll.
S. The Board has no power to fix the original valuation of property for ad valorem
tax purposes or to grant an exemption not authorized by law. The Board is bound by
the same standards as the County Property Appraiser in determining value and the
granting of exemptions. With certain exceptions, all property, real and personal, must
be assessed at fair market value as of January 1 of the tax year. The Board, or its
special magistrates, may not reduce an assessment below fair market value (Le. in
order to "equalize" it with other assessments), but for purposes of reviewing a petition,
the Board may consider assessments among comparable properties within
homogeneous area or neighborhoods.
6. The Board has no power to grant relief either by adjustment of the value of a
property or by the granting of an exemption on the basis of hardship of a particular
taxpayer.
7. The Board, in determining the valuation of a specific property, may not consider
the ultimate amount of tax required by the various taxing authorities.
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Agenda Item No. 16K15
September 13, 2005
Page 10 of 58
8. The powers, authorities, duties and functions of the Board, insofar as they are
appropriate, apply equally to real property and tangible personal property.
9. The Board may not extend the time for the filing of petitions. However, the failure
to meet the statutory deadline for filing a petition is not a absolute bar to consideration
of such a petition by the Board when the Board determines that the petitioner has
demonstrated good cause for failure to timely file, justifying consideration, and that the
delay will not in fact be prejudicial to the performance of its functions in the taxing
process. The issue of whether a petitioner can demonstrate "good cause" for a late
filing will be determined by the Special Magistrate in accordance with Chapter 4.
10. The Board is required to hear disputed or appealed applications for exemption
and must grant such exemptions, in whole or in part, in accordance with the criteria
established by law. In addition, the Board may review previously granted exemptions
on its own motion or upon motion of the Property Appraiser. Review of an exemption
application upon motion of the Board cannot be heard until the applicant has had at
least five (5) calendar days notice of the Board's intent to review the application.
11. The Board will comply with all valid rules and regulations promulgated by the
Florida Department of Revenue.
CHAPTER 3:
PRE-HEARING EVIDENCE ,EXCHANGE
1. At least fifteen (15) days before the scheduled hearing, the taxpayer/petitioner
must provide the Property Appraiser with a written list and summary of evidence, along
with copies of the all documentation to be presented at the hearing. The
taxpayer/petitioner should take such measures as are necessary to ensure receipt of
these materials by the Property Appraiser within this time period. The complete
package must be provided to the Property Appraiser and two copies of the evidence
package must be delivered to the Clerk to the Board for distribution to the Special
Magistrate and for purposes of the record.
2. No later than seven (7) days before the hearing, if the Property Appraiser
receives the taxpayer/petitioner's documentation, and if requested in writing by the
taxpayer/petitioner, the Property Appraiser must provide the taxpayer/petitioner with a
written list and summary of its evidence to be presented at hearing. This list and
summary must likewise be accompanied with copies of the documentation to be
presented. The evidence list must contain the property record card if provided by the
Clerk. When computing the seven day period, Saturdays, Sundays and legal holidays
shall not be included.
3. If the taxpayer/petitioner does not provide the information to the Property
Appraiser at least 15 days prior to the hearing pursuant to Section 1 above, the Property
Appraiser need not provide the information to the taxpayer/petitioner pursuant to
Section 2.
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Agenda Item No. 16K15
September 13, 2005
Page 11 of 58
If the Property Appraiser requests in writing any evidentiary materials of the
taxpayer/petitioner, and the taxpayer/petitioner refuses to provide the requested
materials prior to the hearing, such information shall not be presented or considered at
the scheduled hearing by the Special Magistrate. (Fla. Stat. 194.034(1)(d)).
4. If the Property Appraiser does not provide the information within the time
required under Section 2, the taxpayer/petitioner will be entitled to reschedule the
hearing. In such event, the taxpayer must notify the Clerk no later than twenty-four (24)
hours, excluding weekends and holidays, after the day of required production that the
Property Appraiser did not fully comply, the details of such non-compliance, and request
a reschedule in writing. After receipt of this written notice, the Clerk will re-schedule the
hearing.
S. The documentation exchanged under Section 1 and 2 above must be delivered
by regular or certified mail, personal delivery, overnight mail, facsimile or e-mail. The
date of transmission bye-mail or fax to an address provided by the addressee shall be
deemed to constitute the date of delivery to the recipient. For such purpose, three e-
mail or fax attempts to the address provided by the addressee will be deemed sufficient.
If more than one fax number is provided, three (3) attempts must be made to each
number to satisfy this requirement. "Provided" means made available in the manner
designated by the property appraiser or by the taxpayer/petitioner in hislher submission
of information, as via email.facsimile.U.S.Mail. or at the property appraiser's office for
pick up. If the taxpayer/petitioner designates delivery by U.S. Mail or does not
specifically designate the desired manner for receiving the Property Appraiser's
information, the information shall be deposited into the mail by the Property Appraiser.
The taxpayer/petitioner and the Property Appraiser may agree to a different method or
timing of the exchange.
6. The information must be sent to the taxpayer/petitioner or agent at the address
shown on the petition form; however, it may be submitted to an e-mail or fax address if
so indicated by the taxpayer/petitioner.
7. In computing any period of time prescribed by these rules, the day of the act,
event, or default from which the designated period of time begins to run shall not be
included. The last day of the period so computed shall be included unless it is a
Saturday, Sunday, or legal holiday, in which event the period shall run until the end of
the next day which is neither a Saturday, Sunday or legal holiday. If the fifteenth day
before a hearing is a Saturday, Sunday, or legal holiday, the information under
subsection 2 shall be provided no later than the previous business day.
8. The summary of any testimony submitted pursuant to Sections 1 and 2 shall be
sufficiently detailed as to reasonably inform a party of the general subject matter of the
witness testimony, and shall contain the name and address of the witness.
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Agenda Item No. 16K15
September 13, 2005
Page 12 of 58
9. No taxpayer/petitioner may present nor shall the special magistrate accept for
consideration any "testimony or other evidentiary materials" that were requested of the
taxpayer/petitioner in writing by the Property Appraiser of which the taxpayer "had
knowledge and denied to the Property Appraiser." (Section 194.034(1) (d), Florida
Statutes.)
10. Neither the Board nor the special magistrate shall take any general action
regarding compliance with this Chapter, but any action on each petition shall be
considered on a case by case basis. Any action shall be based on a consideration of
whether there has been a substantial noncompliance with this section, and shall be
taken at a scheduled hearing and based on evidence presented at such hearing.
"General action" means a prearranged course of conduct not based on evidence
received in a specific case at a scheduled hearing on a petition. The normal remedy
for such non-compliance shall be a rescheduling of the hearing to allow the petitioner an
opportunity to review the information of the Property Appraiser.
CHAPTER 4:
CONDUCT OF HEARINGS; PROCEDURES
1. Proceedings of the Board must be conducted in compliance with the Florida
Sunshine Law (i.e. Section 268.011, Florida Statutes):
(a)
(b)
in the open.
Reasonable notice must be given to the pUblic prior to a Board meeting.
All Board meetings at which any official action may be taken must be held
2. Board and special magistrate hearings are required to the conducted in
accordance with the applicable provisions of Chapter 194 and 196, Florida Statutes,
and administrative rules promulgated by the Florida Department of Revenue. Chapter
120, Florida Statutes, does not apply to VAB proceedings, including hearings before the
Special Magistrates.
3. Upon the filing of a petition by a taxpayer, the Clerk of the Board is required to
deliver to the person so filing, an acknowledgment of receipt of such petition and must
promptly furnish a copy of same to the Property Appraiser. The failure to file the
appropriate filing fee with the petition will result in the rejection of the petition. Any
late-filed petitions received by the Clerk will be scheduled before a special magistrate in
accordance with Section 4 below.
4. A late-filed petition will be scheduled for hearing before a Special Magistrate by
the Clerk and reasonable notice given to the taxpayer/petitioner. If, after review of the
evidence, the Special Magistrate finds that the taxpayer/petitioner has demonstrated
both "good cause" justifying the late filing AND that delay will not be prejudicial to the
Board's performance of its functions. s/he will issue the finding at conclusion of the
hearing. Thereafter the Clerk will schedule the petition for a hearing.
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Agenda Item No. 16K15
September 13, 2005
Page 13 of 58
All evidence to be presented to the Special Magistrate by the taxpayer/petition must be
provided to the Property Appraiser no later than seven (7) days in advance of the "good
cause" hearing. The time periods contained in Chapter 3 do not apply to "good cause"
hearings.
5. The Clerk of the Board will prepare a schedule of appearances before the Board
(Special Magistrates) based on petitions (including applications for Homestead
Exemptions denied by the Property Appraiser) timely filed with him. The Clerk must
notify each petitioner of the scheduled time of his appearance in writing by U.S. mail or
Personal delivery so that the notice is received by the taxpayer no less than twenty-five
(25) calendar days prior to the day of such scheduled appearance. The Clerk is
deemed to have prima facie complied with such notice requirements if the notice is
deposited in the U.S. Mail thirty (30) days prior to the day of such scheduled
appearance. The Clerk will include a copy of the property record card with the notice in
all cases, whether or not requested by the taxpayer. The Clerk will not schedule
hearings in personal property cases, unless a return is filed within the time prescribed
by the Board.
6. The petitioner has the right to reschedule his or her hearing ONE time by
submitting to the Clerk a written request to reschedule NO LESS THAN FIVE (5)
calendar days before the day of the originally scheduled hearing. This does not apply to
"good cause" hearings.
7. The Board and its special magistrates act in a quasi-judicial capacity with respect
to the conduct of these hearings.
8. Board members and special magistrates should disqualify themselves on their
own initiative or upon motion of any party interest or other cause for which a judge may
be recused, with respect to any appeal coming before the Board.
9. No Board member or special magistrate should communicate ex parte with any
taxpayer or the Property Appraiser relative to the merits of any case. However, this
should not preclude a Board member or speCial magistrate from communicating with a
taxpayer or the Property Appraiser for proposes of obtaining additional raw data upon
which a finding might be based. Any communications concerning the proper conclusion
to be drawn from any such raw data would constitute a discussion of the merits and
results in an ex parte communication prohibited by law.
10. (a) Any taxpayer may be represented by an attorney or agent before the
Board or special magistrate, or may appear on his own behalf.
(b) A condominium homeowners' association (or qualified incorporated mobile
home park association) may appear before the Board or Special Magistrate to
present testimony and evidence regarding the assessment of condominium units
which said association represents.
11
Agenda Item No. 16K15
September 13, 2005
Page 14 of 58
('
Said testimony and evidence must also be considered by the Board or Special
Magistrate with respect to petitions filed by individual condominium unit owners,
unless the owner requests otherwise.
11.
(a) Irrelevant, immaterial or unduly repetitious evidence may be excluded by
the Board or special magistrate but all other evidence of a type commonly relied
upon by reasonable prudent persons in the conduct of their affairs is admissible,
whether or not such evidence would be admissible in a court of law.
(b) Any part of a taxpayer's evidence may be received in written from, and all
testimony of parties and witnesses is required to be made under oath upon the
request of either party. The Special Magistrate or court reporter will administer
the oath to all persons providing testimony, including parties. Witnesses for
either party may be cross - examined by the other party when testimony is taken.
(c) Hearsay evidence may be admitted for the purpose of supplementing .or
explaining other evidence, but it is not sufficient in itself to support a finding
unless it would be admissible over objection in a civil action in the courts of this
State.
12. The Property Appraiser's determinations are entitled to a "presumption of
correctness" and petitioning taxpayers have the burden to prove that the Property
Appraiser's determinations are incorrect.
(a) In the non-valuation cases (e.g. exemption and agricultural classification
cases), this presumption of correctness can be properly rebutted only by
evidence which excludes very reasonable hypothesis of a legal assessment.
(b) In valuation cases, the Property Appraiser's valuation is still presumed
correct, but the presumption is lost if the taxpayer establishes by a
preponderance of the evidence that either the Property Appraiser (a) failed to
properly consider all of the valuation criteria mandated by statute in computing
the assessment, or (b) derived the assessment, arbitrarily based on appraisal
practices different from those generally applied to comparable property within the
same class and county.
If the taxpayer overcomes the initial presumption of correctness, in the foregoing
manner, he or she then has the burden to prove by a preponderance of the
evidence that the assessment exceeds fair marker value. If, however, the
taxpayer cannot overcome the property appraiser's initial presumption of
correctness, then the taxpayer, in order to obtain relief, must prove that the
assessment is excessive by clear and convincinQ evidence. In no case involving
valuation, however, does the taxpayer have the burden of proving that the
assessment is "not supported by any reasonable hypothesis of a leQal
assessment. "
12
Agenda Item No. 16K15
September 13, 2005
Page 15 of 58
13. If the Property Appraiser's assessed value is determined to be erroneous, the
Board can establish the assessment if there exists competent, substantial evidence in
the record. If not, the Board must remand to the Property Appraiser with the
appropriate directions for a redetermination of value.
14. The Clerk of the Board is required to maintain a verbatim record of all
proceedings and must preserve all documentary evidence and listings for a period of
not less than four (4) years. The Board and its special magistrates should insist that all
documentary evidence relied upon by any party be incorporated into the Board's files.
In the event a party refuses to relinquish possession of any such documentary
evidence, the Board and its special magistrates should not consider the same in making
a finding of fact or conclusion of law.
15 No petitioner may present, nor may the Board or special magistrate accept,
testimony or other evidentiary materials for consideration that were requested of the
petitioner in writing by the Property Appraiser of which the petitioner had knowledge,
and denied to the Property Appraiser. No evidence shall be considered by the Board or
special magistrate except when presented during the time scheduled for the petitioner's
hearing, or at a time when the petitioner has been given reasonable notice.
16. Every decision of the Board or recommendation by a Special Magistrate must
contain specific and detailed findings of fact, including both ultimate findings of fact and
basic and underlying findings of fact. Each basic and underlying finding must be
properly annotated to its supporting evidence.
(a) An ultimate finding is a determination of fact is usually expressed in the
language of a statutory standard and must be supported by and flow rationally
from adequate basic and underlying findings.
(b) . Basic and underlying findings are those findings on which the ultimate
findings rest and which are supported by evidence. Basic and underlying
findings are more detailed than the ultimate findings, but less detailed than a
summary of evidence.
(c) Reasons are those clearly stated grounds upon which the Board or
Property Appraiser acted.
17. All decisions made must include the nature of the change made and indicate the
just, taxable, and exempt value before and after the change.
18. The Special Magistrate shall render a written recommendation in a form provided
by the Clerk of the Board, within five (5) days of the hearing. This recommendation
may, but need not, be rendered at the conclusion of the hearing. All recommendations
are presented to the Board at a publicly noticed meeting and approved by the Board
without further hearing.
13
Agenda Item No. 16K15
September 13, 2005
Page 16 of 58
19. All final decisions by the Board must be issued within twenty (20) calendar days
of the last day the Board is in session, and the clerk, upon issuance thereof, must notify
by first class mail each taxpayer, the Property Appraiser and the Department of
Revenue of the decision of the Board. If no decision is rendered in a case, the reason
therefore must be placed in the records, compiled by the Clerk and maintained along
with the verbatim record.
.
f
14
Agenda Item No. 16K15
September 13, 2005
Page 17 of 58
.
SPECIAL MAGISTRATE AGREEMENT
THIS AGREEMENT has been made and entered into on this day
of , 2005, by and between SOUTH FLORIDA VALUATION SERVICES.
INC. hereinafter referred to as "Special Magistrate," and COLLIER COUNTY, a political
subdivision of the State of Florida, and the DISTRICT SCHOOL BOARD OF COLLIER
COUNTY, hereinafter collectively referred to as the "Value Adjustment Board" (VAB).
WITNESSETH
1. Commencement. This Agreement will commence upon execution of this
Agreement by the last signing party, and shall tenninate upon completion of the
assignment and payment for same.
2. Assignment. The Special Magistrate shall conduct hearings on petitions tQ the
Value Adjustment Board regarding valuation of real estate or tangible personal property
for the 2005 tax year. The Special Magistrate will conduct these hearings in
accordance with the Rules of Procedure adopted by the Collier County Value
Adjustment Board, administrative rules promulgated by the Florida Department of
Revenue, and applicable Florida Statutes. The VAB Rules of Procedure are attached
hereto as Exhibit A and incorporated herein as a part of this Agreement.
These hearings will commence on or after October 14, 2005, and may continue each
following day until completed. The Special Magistrate shall prepare in writing hislher
findings of fact, conclusions of law, and recommendation to the Value Adjustment Board
using the fonns approved by the VAS. Time;s of the essence in this regard as the
VAS intends to meet as soon as possible after the completion of the hearings for
purposes of adopting all recommendations by its Special Magistrates. To the extent
reasonably possible the Special Magistrate will render hislher recommendation within
48 hours, but, in no event, more than five (5) days after the hearing. To this end, the
VAB has requested in its solicitation of interest, and the Special Magistrate has
represented, hislher availability from October 13 to November 15, 2005. The Special
Magistrate shall be compensated on an hourly basis for the time needed to complete his
recommendations subject to the time limitations imposed in Paragraph 4 below.
The VAS does not warrant that the Special Magistrate will be scheduled to serve any
particular number of days or hear any number of cases.
3. Standards and Requirements. The Special Magistrate will comply with all
Florida laws and administrative rules, and constitutional principles of due process when
conducting the value adjustment hearings. The Collier County VAS and the County
Attorney may provide additional direction or guidance to the Special Magistrate, such as
its Rules and Procedures, for the conduct of the hearings. This guidance will be
followed by the Special Magistrate to the extent that such guidance does not impede
upon the Special Magistrate's independent decision-making.
1
r
Agenda Item No, 16K15
September 13, 2005 "\,
Page 18 of 58
-.
The Special Magistrate will consider only acceptable appraisal practices when hearing
all petitions but shall not engage in the re-appraisal of properties.
The Special Magistrate will be responsible for preserving the record and hislher
recommendations as required by Florida Statutes, F.A.C. Rule 120-10, and the VAB
Rules of Procedure. All recommendations shall be forwarded to the Clerk to the Board
along with the evidentiary record for each hearing.
The V AB will be responsible for providing a verbatim transcript and back-up audio
recording of ~II proceedings. The Special Magistrate will be responsible for operating
the audio recording equipment, if necessary.
By execution of this Agreement, the SpeCial Magistrate represents that sJhe meets the
requirements of s. 194.035, Fla. Stat. (2004) and will maintain all licensure required by
this statute through, completion of the Assignment.
4. Compensation. The Special Magistrate will be paid an hourly rate of $ 95.00 for
services rendered in accordance with this Agreement The Special Magistrate will
maintain a record of time for his/her performance under this Agreement and shall submit
an invoice to the VAB after completion of all scheduled hearings and recommendations
to the VAB. This invoice shall be signed and certified by the Special Magistrate as
being accurate. Upon receipt of a proper invoice, the V AB will pay the Special
,- Magistrate in accordance with s. 218.70, Fla. Stat., otherwise known as the "Florida
Prompt Payment Act."
Any time required for research and preparation beyond the hours required to conduct
hearings shall not exceed twice the number of hours required for hearings without
documentation of the need tbr such additional hours and advance approval by the
County Attorney's Office.
Time spent traveling to the location of the hearing where the distance traveled exceeds
25 miles will be compensated at the hourly rate.
The compensation paid to the Special Magistrate shall be borne three-fifths (3/5s) by
the COUNTY and two-fifths (215s) by the SCHOOL BOARD, After payment of
compensation to the Special Magistrate, the COUNTY will calculate the SCHOOL
BOARD's share of the compensation paid and prepare an invoice for the SCHOOL
BOARD. The SCHOOL BOARD agrees to pay the COUNTY within thirty (30) days of
receipt of this invoice.
5. Costs and Expenses. The VAB shall provide the hearing rooms for all Special
Magistrate hearings and shall be responsible for the costs of recording all hearings
before . the Special Magistrate. The V AB will provide the Special Magistrate with
sufficient forms for the completion of hislher findings of facts and conclusions of law for
each hearing. All clerical expenses incurred by the Special Magistrate in the
performance of this Agreement shall be the sole responsibility of the Special Magistrate.
2
Agenda Item No. 16K15
September 13, 2005
Page 19 of 58
6. Tennination. If the Special Magistrate fails to perform hislher services in a
manner consistent with this Agreement, the VAS may terminate this Agreement
immediately for cause. The VAS reserves the right, in its absolute discretion, to refrain
from scheduling any hearings with the Special Magistrate and to discontinue the
services of the Special Magistrate at any time for convenience. If the VAS elects to
terminate this Agreement for convenience, such election may be made with no less than
24 hours notice to the Special Magistrate. In recognition of the special time constraints
attendant to VAS hearings, the parties hereto agree that 24 hours notice is reasonable
in this instance. The VAS shall be the sole judge of non-performance.
In the event the Special Magistrate is terminated for cause, which may include the
failure to provide hislher recommendation in a timely manner, the Special Magistrate will
be entitled only to compensation for hislher time in conducting hearings.
7. Renewal. Unless terminated pursuant to Section 6, this Agreement shall extend
through the completion of the 2005 VAB hearings and the 30-day acceptance period
provided herein. This Agreement may be renewed for an additional VAS session for
two (2) consecutive years upon written notice by the VAS to the Special Magistrate prior
to the expiration of this Agreement. The Special Magistrate will have thirty (30) days
from the date of notice to accept or decline renewal of this Agreement.
8. No Improper Use. The Special Magistrate agrees he/she will not use, or suffer
or permit any person to use in any manner, County facilities for any improper, immoral
or offensive purpose, or for any purpose in violation of any federal, state, c:ounty or
municipal ordinance, rule order or regulation. In the event of such violation by the
Special Magistrate, the VAS shall have the right to suspend further work by the Special
Magistrate or terminate this Agreement.
9. Unlawful Solicitation and Assignment of Agreement By execution of this
agreement, the Special Magistrate warrants that he/she has not employed, retained,
paid or agreed to pay any company or person, other than a bona fide employee, to
solicit or secure this Agreement contingent upon, or resulting from, the award or making
of this Agreement. The Special Magistrate further warrants that no part of the total of
the fees payable under the terms of this Agreement shall be paid directly or indirectly to
any employee of the County as wages, compensation, or gift in exchange for acting as
officer, agent, employee, subcontractor, or consultant to the Special Magistrate in
connection with any services performed under the terms of this Agreement. The
Special Magistrate expressly acknowledges that the VAS is entering into this I
Agreement due to the qualifications and experience of Mark Pelletier, principal of South
Florida Valuation Services, Inc., and further agrees that there shall be no transfer or
assignment of any part of this Agreement, except with the express written approval of
the VAB, and all hearings will be conducted by Mark Pelletier.
.
10. Relationship. Nothing contained herein shall create or be construed as creating
a partnership between the VAS and the Special Magistrate. Nor shall this Agreement
3
Agenda Item No. 16K15
September 13, 2005
Page 20 of 58
be construed as to constitute the Special Magistrate as an agent or employee of the
VAS.
11. Non-discrimination. No person on the grounds of handicap, sex, race, color,
religion, national original or age, will be excluded from participation in, be denied
benefits of; qr be otherwise subjected to discrimination in the performance of this
Agreement.
12. Records. The Special Magistrate shall maintain records of all accounts, invoices
for reimbursable expenses and supporting documentation for any research or reports,
for a period of fIVe (5) years from completing the performance of this Agreement. Such
records shall be sufficient to permit a proper pre- and post-audit in accordance with
generally accepted accounting practices. The Special Magistrate shall allow public
access to all documents and materials in accordance with the provisions of Chapter
119, Florida Statutes, and will permit the inspection of such records at the location
where they are kept after reasonable notice.
13. 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 along with the terms and conditions of RFP 05-3848, "Appraiser Special
Magistrate for 2005 Collier County VAS," and the response thereto submitted by the
undersigned party, which is incorporated herein by reference, shall constitute the entire
agreement between the parties, and there are no other prior or contemporaneous, oral
or written agreements, understandings or promises related to this Agreement.
14. Amendment This Agreement may be modified only by written amendment
executed by all parties.
.-wr""...,:,.......:'..'.., .
.<:
15. Notice. When any party desires to give notice to the other, it must be
. given in writing and sent by regular mail or facsimile to the party for whom it is intended,
as specified below:
VALUE ADJUSTMENT BOARD
c/o Ellen T. Chadwell, Esq.
Office of County Attorney
3301 Tamiami Trail East
8th Floor (Bldg F)
Naples, Florida 34112
Telephone: (239) 774-8400
Facsimile: (239) 774-0225
SPECIAL MAGISTRATE
t!fr~, Pe//(!I-;cr;RIfJ. SR4
~. _X' 33"'_(
Palm P.x>nrh ell..rclerzs ,::.,-
3342.0 '
Copy to:
Clerk to the Value Adjustment Board
c/o Patricia Morgan, Supervisor
Clerk of Courts
3301 Tamiami Trail East
4th Floor (Sldg F)
Naples, Florida 34112
Telephone: (239) 774-8399
Facsimile: (239) 774-8408
4
Agenda Item No. 16K15
September 13, 2005
Page 21 of 58
16. Governing Law. This Agreement shall be governed by Florida law.
IN WITNESS WHEREOF, the parties have hereunto affIXed their signatures by their
duly authorized representatives.
As to SPECIAL MAGISTRATE:
~Jt~
St, ture ~\\ .' \
\ (\~ . R.:.tl ~r
Print Name
Rf^'~) Q.~
SiglJature
.JS \ "'1\l\L-- \T. l../\ J S"h~
Pnnt Name
DATE: Of /J... s/oS
. r
SOUTH FLORIDA VALUATION
SER~, INC.
By: -1~
_mo-rtc... rei kh~ ,O~t'~ dJ
Print Name and Title {
As to VALUE ADJUSTMENT
BOARD:
DATE:
ATTEST:
DWIGHT E. BROCK, CLERK
By:
BOARD OFCOUNTY COMMISSIONERS
OF COLLIER COUNTY
By:
FRED W. COYLE, Chairman
, Deputy Clerk
l12?"' V"'C}~J
- Assistant County Attorney
WitnesseS:l1 en T. Chldd 11
Si~ .
ot3eiJ r c::.... JjJt::7..;~
pnnt Name
~ A:>A.bt-
S[~ Lur:kw---r
Print N me
DATE:
g -1;)-0;-
COLLIER COUNTY DISTRICT
SCHOOL BOARD
By: ~~
STEVE FAIN, Financial Officer
Collier County District School Board
5
Agenda Item No. 16K15
September 13, 2005
Page 22 of 58
..~
VALUEADJUS~ENTBOARD
RULES OF PROCEDURE
CHAPTER 1 : ORGANIZATION
1. The Value Adjustment Board is a separate and distinct governmental body.
created by statute and is composed of three members of the Board of County
Commissioners and two School Board Members.
2. One of the County Commissioners is required to the elected as Chainnan of the
Board.
3. The members of the Board may be temporarily replaced by other members of the
respective boards (i.e. the Commission and School Board) on appointment by their
respective chairpersons.
4. Any three members of the Board constitute a quorum, except that each quorum
must include at least one Commissioner and one Schoat Board member. No meeting of
the Board can take place without a quorum.
S. Two-fifths on the expenses of the Board are borne by the School Board and
three-fifths by the County Commission.
6. As used herein, the word "Board" means "Value Adjustment Board" and "Special
Magistrates. "
CHAPTER 2:"
POWERS AND DUTIES
1. The BOard must meet not earlier than 30 days, nor later than 60 days after the
mailing of the "Notices of Proposed Property Taxes" by the Property Appraiser under
section 194.011 (1), Florida Statutes; provided, however, that no Board hearing may be
held before approval of all or any part of the assessment rolls by the Departments of
Revenue. The Board is required to meet for the following purposes:
(a) Hearing taxpayers' petitions relating to the amount of assessments.
(b) Hearing complaints relating to Homestead exemptions.
(c) Hearing appeals from exemptions denied, or disputes anslng from
exemption granted, upon the filing of exemption applications (i.e. other
than Homestead exemptions)
(d) Hearing appeals concerning ad valorem tax deferrals and classifications.
_.
(
6
Agenda Item No. 16K15
September 13, 2005
Page 23 of 58
Notwithstanding the foregoing, the Board may meet prior to the approval of the
assessment rolls by the Department of Revenue, but not earlier than July 1, to hear
appeals pertaining to the denial by the Property Appraiser of exemptions, agricultural
classifications, and deferrals under (b), (c), and (d). In suoh event, the Board may not
certify any assessments under Section 193.122 until after the Department has approval
such assessments in accordance with Section 193.1142 and after all hearings have
been help with respect to the Particular parcel under appeal.
2. The Board was authorized by state law to impose a filling fee not to exceed
$15.00 for each separate parcel of property, real or personal. covered by taxpayers
petitions (i.e. with certain exceptions pertaining to denials of Homestead exemption and
tax deferrals). Petitions filed without the appropriate filing fee are deemed invalid and
must be rejected. '
3. The Board is required to appoint special magistrates for the purpose of taking
testimony and making recommendations to the Board, which recommendations the
Board may act upon without further hearing. The Board has chosen to ad upon such
recommendations without further hearings. Appeals to the full Board by Taxpayers and
the Property Appraiser requesting de novo review of the special magistrate's
recommendations will be denied. Special magistrates must meet the criteria set forth in
s. 194.035, Fla. Stat.
4. The Board is required to remain in session from day to day until aJI petitions,
complaints, appeals, and disputes are heard. If all or any part of an assessment roll is
disapproved by the Florida Department of Revenue, the Board is required to reconvene
to hear petitions, complaints, appeals and disputes filed upon the finally approved roll or
part of a roll.
5. The Board has no power to fix the original valuation of property for ad valorem
tax purposes or to grant an exemption not authorized by law. The Board is bound by
the same standards as the County Property Appraiser in determining value and the
granting of exemptions. With certain exceptions. all property, real and personal, must
be assessed at fair market value as of January 1 of the tax year. The Board, or its
special magistrates, may not reduce an assessment below fair market value (i.e. in
order to "equalize" it with other assessments), but for purposes of reviewing a petition,
the Board may consider assessments among comparable properties within
homogeneous area or neighborhoods.
6. The Board has no power to grant relief either by adjustment of the value of a
property or by the granting of an exemption on the basis of hardship of a particular
taxpayer.
7. The Board, in determining the valuation of a specific property. may not consider
the ultimate amount of tax required by the various taxing authorities.
7
Agenda Item No. 16K15
September 13,2005
Page 24 of 58
8. The powers, authorities, duties and functions of the Board, insofar as they are
appropriate, apply equally to real property and tangible personal property.
9. The Board may not extend the time for the filing of petitions: However, the failure
to meet the statutory deadline for filing a petition is not a absolute bar to consideration
of such a petition by the Board when the Board determines that the petitioner has
demonstrated good cause for failure to timely file, justifying consideration, and that the
delay will not in fact be prejudicial to the performance of its functions in the taxing
process. The issue of whether a petitioner can demonstrate "good cause" for a late
filing will be detennined by the Special Magistrate in accordance with Chapter 4.
10. The Board is required to hear disputed or appealed applications for exemption
and must grant such exemptions, in whole or in part, in accordance with the criteria
established bylaw. In addition, the Board may review previously granted exemptions
on its own motion or upon motion of the Property Appraiser. Review of an exemption
application upon motion of the Board cannot be heard until the applicant has had at
least fIVe (5) calendar days notice of the Board's intent to review the application.
11. The Board will comply with all valid rules and regulations promulgated by the
Florida Department of Revenue.
CHAPTER 3:
PRE-HEARlNG EVIDENCE EXCHANGE
.
1. At least fifteen (15) days before the scheduled hearing, the taxpayer/petitioner
must provide the Property Appraiser with a written list and summary of evidence, along
with copies of the all documentation to be presented at the hearing. The
taxpayer/petitioner should take such measures as are necessary to ensure receipt of
these materials by the Property Appraiser within this time period. The complete
package must be provided to the Property Appraiser and two copies of the evidence
package must be delivered to the Clerk to the Board for distribution to the Special
Magistrate and for purposes of the record.
2. No later than seven (7) days before the hearing, if the Property Appraiser
receives the taxpayer/petitioner's documentation, and if requested in writing by the
taxpayer/petitioner, the Property Appraiser must provide the taxpayer/petitioner with a
written list and summary of -its evidence to be presented at hearing. This list and
summary must Iikewisa be accompanied with copies of the documentation to be
presented. The evidence list must contain the property record card if provided by the
Clerk. When computing the seven day period, Saturdays, Sundays and legal holidays
shall not be included.
3. If the taxpayer/petitioner does not provide the information. to the Property
Appraiser at least 15 days prior to the hearing pursuant to Section 1 above, the Property
Appraiser need not provide the infonnation to the taxpayer/petitioner pursuant to
Section 2.
8
Agenda Item No. 16K15
September 13. 2005
Page 25 of 58
If the Property Appraiser requests in writing any evidentiary materials of the
taxpayer/petitioner, and the taxpayer/petitioner refuses to provide the requested
materials prior to the hearing, such information shall not be presented or considered at
the scheduled hearing by the Special Magistrate. (Fla. Stat. 194.034(1){d)).
4. If the Property Appraiser does not provide the information within the time
required under Section 2, the taxpayer/petitioner will be entitled to reschedule the
hearing. In such event, the taxpayer must notify the Clerk no Jater than twenty-four (24)
hours, excluding weekends and holidays, after the day of required production that the
Property Appraiser did not fully comply, the details of such non-compliance, and request
a reschedule in writing. After receipt of this written notice, the Clerk will re-schedule the
hearing.
5. The documentation exchanged under Section 1 and 2 above must be delivered
by regular or certified mail, personal delivery,ovemight mail, facsimile or e-mail. The
date of transmission by e-mail or fax to an address provided by the addressee shall be
deemed to constitute the date of delivery to the recipient. For such purpose, three e-
mail Of fax attempts to the address provided by the addressee will be deemed sufficient.
If more than one fax numbef is provided, three (3) attempts must be made to each
number to satisfy this requirement. "Provided" means made available in the manner
designated by the property appraiser or by the taxpayer/petitioner in hislher submission
of information, as via email.facsimile.U.S.Mail. or at the property appraiser's office for
pick. up. If the taxpayer/petitioner designates delivery by U.S. Mail or does not
specifically designate the desired manner for receiving the Property Appraiser's
information, the information shall be deposited into the mail by the Property Appraiser.
The taxpayer/petitioner and the Property Appraiser may agree to a different method or
timing of the exchange.
6. The information must be sent to the taxpayer/petitioner or agent at the address
shown on the petition form; however, it may be submitted to an e-mail or fax address if
so indicated by the taxpayer/petitioner.
7. In computing any period of time prescribed by these rules, the day of the act,
event, or default from which the designated period of time begins to run shall not be
included. The last day of the period so computed shall be included unless it is a
Saturday, Sunday, or legal holiday, in which event the period shall run until the end of
the next day which is neither a Saturday, Sunday or legal holiday. If the ~nth day
before a hearing is a Saturday, Sunday, or legal holiday, the information under
subsection 2 shall be provided no later than the previous business day.
8. The summary of any testimony submitted pursuant to Sections 1 and 2 shall be
sufficiently detailed as to reasonably inform a party of the general subject matter of the
witness testimony, and shall contain the name and address of the witness.
9
Agenda Item No. 16K15
September 13, 2005
Page 26 of 58
9. No taxpayer/petitioner may present nor shall the special magistrate accept for
consideration any "testimony or other evidentiary materials" that were requested of the
taxpayer/petitioner in writing by the Property Appraiser of which the taxpayer "had
knowledge and denied to the Property Appraiser." (Section 194.034(1) (d), Florida
Statutes. )
10. Neither the Board nor the special magistrate shall take any general action
regarding compliance with this Chapter, but any action on each petition shall be
considered on a case by case basis. Any action shall be based on a consideration of
whether there has been a substantial noncompliance with this section, and shall be
taken at a scheduled hearing and based on evidence presented at such hearing.
"General action" means a prearranged course of conduct not based on. evidence
received in a specific case at a scheduled hearing on a petition. The normal remedy
for such non-compliance shall be a rescheduling of the hearing to allow the petitioner an
opportunity to review the information of the Property Appraiser.
CHAPTER 4:
CONDUCT OF HEARINGS; PROCEDURES
1. Proceedings of the Board must be conducted in compliance with the Florida
Sunshine Law (i.e. Section 268.011, Florida Statutes):
(a) Reasonable notice must be given to the public prior to a Board meeting.
(b) All Board meetings at which any official action may be taken must be held
in the open.
'it<
2. Board and special magistrate hearings are required to the conducted in
accordance with the applicable provisions of Chapter 194 and 196, Florida Statutes,
and administrative rules promulgated by the Florida Department of Revenue. Chapter
120, Florida Statutes, does not apply to VAB proceedings, including hearings before the
Special Magistrates.
3. Upon the filing of a petition by a taxpayer, the Clerk of the Board is required to
deliver to the person so filing, an acknowledgment of receipt of such petition and must
promptly fumish a copy of same to the Property Appraiser. The failure to file the
appropriate filing fee with the petition will result in the rejection of the petition. Any
late-filed petitions received by the Clerk will be scheduled before a special magistrate in
accordance with Section 4 below.
4. A late-filed petition will be scheduled for hearing before a Special Magistrate by
the Clerk and reasonable notice given to the taxpayer/petitioner. If,atter review of the
evidence, the Special Magistrate finds that the taxpayer/petitioner has demonstrated
both "good cause" justifying the late filing AND that delay will not be prejudicial to the
Board's performance of its functions, slhe will issue the finding at conclusion of the
hearing. Thereafter the Clerk will schedule the petition for a hearing.
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Agenda Item No. 16K15
September 13, 2005
Page 27 of 58
All evidence to be presented to the Special Magistrate by the taxpayer/petition must be
provided to the Property Appraiser no later than seven (7) days in advance of the "good
cause" hearing. The time periods contained in Chapter 3 do not apply to .good cause"
hearings.
5. The Clerk of the Board will prepare a schedule of appearances before the Board
(Special Magistrates) based on petitions (including applications for Homestead
Exemptions denied by the Property Appraiser) timely filed with him. The Clerk must
notify each petitioner of the scheduled time of his appearance in writing by U.S. mail or
Personal delivery so that the notice is received by the taxpayer no less than twenty-five
(25) calendar days prior to the day of such scheduled appearance. The Clerk is
deemed to have prima facie complied with such notice requirements if the notice is
deposited in the U.S. Mail thirty (30) days prior to the day of such scheduled
appearance. The Clerk will include a copy of the property record card with the notice in
all cases, whether or not requested by the taxpayer. The Clerk will not schedule
hearings in personal orooertv cases, unless a return is filed within the time prescribed
by the Board.
6. The petitioner has the right to reschedule his or her hearing ONE time by
submitting to the Clerk a written request to reschedule NO LESS THAN FIVE (5)
calendar days before the day of the originally scheduled hearing. This does not apply to
"good cause" hearings.
7. The Board and its special magistrates act in a quasi-judicial capacity with respect
to the conduct of these hearings.
8. Board members and special magistrates should disqualify themselves on their
own initiative or upon motion of any party interest or other cause for which a judge may
be recused, with respect to any appeal coming before the Board.
9. No Board member or special magistrate should communicate ex parte with any
taxpayer or the Property Appraiser relative to the merits of any case. However, this
should not preclude a Board member or special magistrate from communicating with a
taxpayer or the Property Appraiser for proposes of obtaining additional raw data upon
which a finding might be based. Any communications concerning the DroDer conclusion
to be drawn from any such raw data would constitute a discussion of the merits and
results in an ex parte communication prohibited by law.
10. (a) Any taxpayer may be represented by an attorney or agent before the
Board or special magistrate, or may appear on his own behalf.
(b) A condominium homeowners' association (or qualified incorporated mobile
home park association) may appear before the Board or Special Magistrate to
present testimony and evidence regarding the assessment of condominium units
which said association represents.
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Agenda Item No. 16K15
September 13, 2005
Page 28 of 58
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Said testimony and evidence must also be considered by the Board or Special
Magistrate with respect to petitions filed by individual condominium unit owners,
unless the owner requests otherwise.
11. (a) Irrelevant, immaterial or unduly repetitious evidence may be excluded by
the Board or special magistrate but all other evidence of a type commonly relied
upon by reasonable prudent persons in the conduct of their affairs is admissible,
whether or not such evidence would be admissible in a court of law.
(b) Any part of a taxpayer's evidence may be received in written from, and all
testimony of parties and witnesses is required to be made under oath upon the
request of either party. The Special Magistrate or court reporter will administer
the oath to all persons providing testimony, including parties. Witnesses for
either party may be cross - examined by the other party when testimony is taken.
(c) Hearsay evidence may be admitted for the purpose of supplementing or
explaining other evidence, but it is not sufficient in itsetf to support a finding
unless it would be admissible over objection in a civil action in the courts of this
State. .
12. The Property Appraiser's determinations are entitled to a upresumption of
correctness" and petitioning taxpayers have the burden to prove that the Property
Appraiser's determinations are incorrect.
(a) In the non-valuation cases (e.g. exemption and agricultural classification
cases), this presumption of correctness can be properly rebutted only by
evidence which excludes very reasonable hvoothesis of a legal assessment.
(b) In valuation cases, the Property Appraiser's valuation is stilJ presumed
correct, but the presumption is lost if the taxpayer establishes by a
preponderance of the evidence that either the Property Appraiser (a) failed to
properly consider all of the valuation criteria mandated by statute in computing
the assessment, or (b) derived the assessment arbitrarily based on appraisal
practices different from those generally applied to comparable property within the
same class and county.
If the taxpayer overcomes the initial presumption of correctness, in the foregoing
manner, he or she then has the burden to prove by a preponderance of the
evidence that the assessment exceeds fair marker value. If, however, the
taxpayer cannot overcome the property appraiser's initial presumption of
correctness, then the taxpayer, in order to obtain relief, must prove that the
assessment is excessive by clear and convincino evidence. In no case involving
valuation, however, does the taxpayer have the burden of proving that the
assessment is Unot supported by any reasonable hypothesis of a legal
assessment."
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Agenda Item No. 16K15
September 13, 2005
Page 29 of 58
13. If the Property Appraiser's assessed value is detennined to be erroneous, the
Board can establish the assessment if there exists competent, substantial evidence in
the record. If not, the Board must remand to the Property Appraiser with the
appropriate directions for a redetermination of value.
14. The Clerk of the Board is required to maintain a verbatim record of all
proceedings and must preserve all documentary evidence and listings for a period of
not less than four (4) years. The Board and its special magistrates should insist that all
documentary evidence relied upon by any party be incorporated into the Board's files.
In the event a party refuses to relinquish possession of any such documentary
evidence, the Board and its special magistrates should not consider the same in making
a finding of fact or conclusion of law.
15 No petitioner may present, nor may the Board or special magistrate accept,
testimony or other evidentiary materials for consideration that were requested of the
petitioner in writing by the Property Appraiser of which the petitioner had knowledge,
and denied to the Property Appraiser. No evidence shall be considered by the Board or
special magistrate except when presented during the time scheduled for the petitioner's
hearing, or at a time when the petitioner has been given reasonable notice.
16. Every decision of the Board or recommendation by a Special Magistrate must
contain specific and detailed findings of fact, including both ultimate findings of fact and
basic and underlying findings of fact. Each basic and underlying finding must be
properly annotated to its supporting evidence.
(a) An ultimate finding is a detennination of fact is usually expressed in the
language of a statutory standard and must be supported by and flow rationally
from adequate basic and underlying findings.
(b) Basic and underlying findings are those findings on which the ultimate
findings rest and which are supported by evidence. Basic and underlying
findings are more detailed than the ultimate findings, but less detailed than a
summary of evidence.
.
.
(c) Reasons are those clearly stated grounds upon which the Board or
Property Appraiser acted.
17. All decisions made must include the nature of the change made and indicate the
just, taxable, and exempt value before and after the change.
18. The SpeCial Magistrate shall render a written recommendation in a form provided
by the Clerk of the Board, within five (5) days of the hearing. This recommendation
may, but need not, be rendered at the conclusion of the hearing. All recommendations
are presented to the Board at a publicly noticed meeting and approved by the Board
without further hearing.
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Agenda Item No. 16K15
September 13, 2005
Page 30 of 58
19. All final decisions by the Board must be issued within twenty (20) calendar days
of the last day the Board is in session, and the clerk I upon issuance thereof, must notify
by first class mail each taxpayer', the Property Appraiser and the Department of
Revenue of the decision of the Board. If no decision is rendered in a case, the reason
therefore must be placed in the records, compiled by the Clerk and maintained along
with the verbatim record.
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Agenda Item No. 16K15
September 13, 2005
Page 31 of 58
SPECIAL MAGISTRATE AGREEMENT
THIS AGREEMENT has been made and entered into on this day
of , 2005, by and between CECIL L. NEFF & ASSOCIATES. INC.
hereinafter referred to as "Special Magistrate/' and COLLIER COUNTY, a political
subdivision of the State of Florida, and the DISTRICT SCHOOL BOARD OF COLLIER
COUNTY, hereinafter collectively referred to as the 'Value Adjustment Board" (VAB).
WITNESSETH
1. Commencement. This Agreement will commence upon execution of this
Agreement by the last signing party, and shall terminate upon completion of the
assignment and payment for same.
2. Assignment. The Special Magistrate shall conduct hearings on petitions to the
Value Adjustment Soard regarding valuation of real estate or tangible personal property
for the 2005 tax year. The Special Magistrate will conduct these hearings in
accordance with the Rules of Procedure adopted by the Collier County Value
Adjustment Board, administrative rules promulgated by the Florida Department of
Revenue, and applicable Florida Statutes. The VAS Rules of Procedure are attached
hereto as Exhibit A and incorporated herein as a part of this Agreement.
These hearings will commence on or after October 14, 2005, and may continue each
following day until completed. The Special Magistrate shall prepare in writing his/her
findings of fact, conclusions of law, and recommendation to the Value Adjustment Soard
using the forms approved by the VAB. Time is of the essence in this regard as the
VAB intends to meet as soon as possible after the completion of the hearings for
purposes of adopting all recommendations by its Special Magistrates. To the extent
reasonably possible the Special Magistrate will render hislher recommendation within
48 hours, but, in no event, more than five (5) days after the hearing. To this end, the
VAS has requested in its solicitation of interest, and the Special Magistrate has
represented, his/her availability from October 13 to November 15, 2005. The Special
Magistrate shall be compensated on an hourly basis for the time needed to complete his
recommendations subject to the time limitations imposed in Paragraph 4 below.
The VAB does not warrant that the Special Magistrate will be scheduled to serve any
particular number of days or hear any number of cases.
3. Standards and Requirements. The Special Magistrate will comply with all
Florida laws and administrative rules, and constitutional principles of due process when
conducting the value adjustment hearings. The Collier County VAB and the County
Attomey may provide additional direction or guidance to the Special Magistrate, such as
its Rules and Procedures, for the conduct of the hearings. This guidance will be
followed by the Special Magistrate to the extent that such guidance does not impede
upon the Special Magistrate's independent decision-making.
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Agenda Item No. 16K15
September 13, 2005
Page 32 of 58
The Special Magistrate will consider only acceptable appraisal practices when hearing
all petitions but shall not engage in the re-appraisal of properties.
The Special Magistrate will be responsible for preserving the record and his/her
recommendations as required by Florida Statutes, F.A.C. Rule 12D-10, and the VAB
Rules of Procedure. All recommendations shall be forwarded to the Clerk to the Board
along.with the evidentiary record for each hearing.
The VAB will be responsible for providing a verbatim transcript and back-up audio
recording of all proceedings. The Special Magistrate will be responsible for operating
the audio recording equipment, if necessary.
,f
Sy execution of this Agreement, the Special Magistrate represents that s/he meets the
requirements of s. 194.035, Fla. Stat. (2004) and will maintain all licensure required by
this statute through completion of the Assignment.
4. Compensation. The Special Magistrate will be paid an hourly rate of $ 110.00
for services rendered in accordance with this Agreement. The Special Magistrate will
maintain a record of time for his/her performance under this Agreement and shall submit .
an invoice to the VAS after completion of all scheduled hearings and recommendations
to the VAS. This invoice shall be signed and certified by the Special Magistrate as
being accurate. Upon receipt of a proper invoice, the VAS will pay the Special
Magistrate in accordance with s. 218.70, Fla. Stat., otherwise known as the "Florida
Prompt Payment Act."
Any time required for research and preparation beyond the hours required to conduct
hearings shall not exceed twice the number of hours required for hearings without
documentation of the need for such additional hours and advance approval by the
County Attorney's Office.
Time spent traveling to the location of the hearing where the distance traveled exceeds
25 miles will be compensated at the hourly rate.
The compensation paid to the Special Magistrate shall be borne three-fifths (3/Ss) by
the COUNTY and two-fifths (2/Ss) by the SCHOOL BOARD. After payment of
compensation to the Special Magistrate, the COUNTY will calculate the SCHOOL
SOARD's share of the compensation paid and prepare an invoice for the SCHOOL
SOARD. The SCHOOL BOARD agrees to pay the COUNTY within thirty (30) days of
receipt of this invoice.
S. Costs and Expenses. The VAS shall provide the hearing rooms for all Special
Magistrate hearings and shall be responsible for the costs of recording all hearings
before the Special Magistrate. The VAB will provide the Special Magistrate with
sufficient forms for the completion of hislher findings of facts and conclusions of law for
each hearing. All clerical expenses incurred by the Special Magistrate in the
performance of this Agreement shall be the sole responsibility of the Special Magistrate.
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Agenda Item No. 16K15
September 13, 2005
Page 33 of 58
6. Termination. If the Special Magistrate fails to perform hislher services in a
manner consistent with this Agreement, the VAB may terminate this Agreement
immediately for cause. The VAS reserves the right, in its absolute discretion, to refrain
from scheduling any hearings with the Special Magistrate and to discontinue the
services of the Special Magistrate at any time for convenience. If the VAB elects to
terminate this Agreement for convenience, such election may be made with no less than
24 hours notice to the Special Magistrate. In recognition of the special time constraints
attendant to VAB hearings, the parties hereto agree that 24 hours notice is reasonable
in this instance. The VAS shall be the sole judge of non-performance.
In the event the Special Magistrate is terminated for cause, which may include the
failure to provide his/her recommendation in a timely manner, the Special Magistrate will
be entitled only to compensation for his/her time in conducting hearings.
7. Renewal. Unless terminated pursuant to Section 6, this Agreement shall extend
through the completion of the 2005 VAS hearings and the 3D-day acceptance period
provided herein. This Agreement may be renewed for an additional VAS session for
two (2) consecutive years upon written notice by the VAB to the Special Magistrate prior
to the expiration of this Agreement. The Special Magistrate will have thirty (30) days
from the date of notice to accept or decline renewal of this Agreement.
8. No Improper Use. The Special Magistrate agrees he/she will not use, or suffer
or permit any person to use in any manner, 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. In the event of such violation by the
Special Magistrate, the VAB shall have the right to suspend further work by the Special
Magistrate or terminate this Agreement.
9. Unlawful Solicitation and Assignment of Agreement. Sy execution of this
agreement, the Special Magistrate warrants that he/she has not employed, retained,
paid or agreed to pay any company or person, other than a bona fide employee, to
solicit or secure this Agreement contingent upon. or resulting from, the award or making
of this Agreement. The Special Magistrate further warrants that no part of the total of
the fees payable under the terms of this Agreement shall be paid directly or indirectly to
any employee of the County as wages, compensation, or gift in exchange for acting as
officer, agent, employee, subcontractor. or consultant to the Special Magistrate in
connection with any services performed under the terms of this Agreement. The
Special Magistrate expressly acknowledges that the VAS is entering into this
Agreement due to the qualifications and experience of Cecil L. Neff, Jr., principal of
Cecil L. Neff & Associates, Inc., and further agrees that there shall be no transfer or
assignment of any part of this Agreement, except with the express written approval of
the VAS, and all hearings will be conducted by Cecil L. Neff, Jr.
10. Relationship. Nothing contained herein shall create or be construed as creating
a partnership between the VAS and the Special Magistrate.
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Agenda Item No. 16K15
September 13, 2005
Page 34 of 58
Nor shall this Agreement be construed as to constitute the Special Magistrate as an
agent or employee of the VAS.
11. Non-discrimination. No person on the grounds of handicap, sex. race, color,
religion, national original or age, will be excluded from participation in, be denied
benefits of, or be otherwise subjected to discrimination in the performance of this
Agreement.
12. Records. The Special Magistrate shall maintain records of all accounts, invoices
for reimbursable expenses and supporting documentation for any research or reports,
for a period of five (5) years from completing the performance of this Agreement. Such
records shall be sufficient to permit a proper pre- and post-audit in accordance with
generally accepted accounting practices. The Special Magistrate shall allow pUblic
access to all documents and materials in accordance with the provisions of Chapter
119, Florida Statutes, and will permit the inspection of such records at the location
where they are kept after reasonable notice.
13. 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 along with the terms and conditions of RFP 05-3848, "Appraiser Special
Magistrate for 2005 Collier County VAB," and the response thereto submitted by the
undersigned party, which is incorporated herein by reference. shall constitute the entire
agreement between the parties, and there are no other prior or contemporaneous, oral
or written agreements, understandings or promises related to this Agreement.
14. Amendment. This Agreement may be modified only by written amendment
executed by all parties.
15. Notice. When any party desires to give notice to the other, it must be
given in writing and sent by regular mail or facsimile to the party for whom it is intended,
as specified below:
VALUE ADJUSTMENT BOARD
c/o Ellen T. Chadwell, Esq.
Office of County Attorney
3301 Tamiami Trail East
8th Floor (Bldg F)
Naples, Florida 34112
Telephone: (239) 774-8400
Facsimile: (239) 774-0225
Copy to:
Clerk to the Value Adjustment Board
c/o Patricia Morgan, Supervisor
Clerk of Courts
3301 Tamiami Trail East
4th Floor (Bldg F)
Naples, Florida 34112
Telephone: (239) 774-8399
Facsimile: (239) 774-8408
,-
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6roveJan .F=t--- d1'7.3f:;J
4
Agenda Item No. 16K15
September 13, 2005
Page 35 of 58
16. Governing Law. This Agreement shall be governed by Florida law.
IN WITNESS WHEREOF, the parties have hereunto affixed their signatures by their
duly authorized representatives.
As to SPECIAL MAGISTRATE:
DATE: O'J/ctiJo-
, ~
S' nature
rR~f1JceS
Print Name
As to VALUE ADJUSTMENT
BOARD:
DATE:
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY
, Deputy Clerk
By:
FRED W. COYLE, Chairman
By:
71l.vtD;::J
WitneWJAtant Count1 Attorney
/M~11 _
Signature
/1 Ol3lflt I G if(.Jt:7/v cf9'1
-
Print Name
rtJ/2 ~J~
s~Cc1<-~
Print NJme
DATE:
e'i5' -() S-
COLLIER COUNTY DISTRICT
SCHOOL BOARD
By: S~~
STEVE FAIN, Financial Officer
Collier County District School Board
5
Agenda Item No. 16K15
September 13. 2005
Page 36 of 58
VALUE ADJUSTMENT BOARD
RULES OF PROCEDURE
CHAPTER 1 : ORGANIZATION
1. The Value Adjustment Board is a separate and distinct governmental body
created by statute and is composed of three members of the Board of County
Commissioners and two School Board Members.
2. One of the County Commissioners is required to the elected as Chairman of the
Board.
3. The members of the Board may be temporarily replaced by other members of the
respective boards (Le. the Commission and School Board) on appointment by their
respective chairpersons.
4. Any three members of the Board constitute a quorum, except that each quorum
must include at least one Commissioner and one School Board member. No meeting of
the Board can take place without a quorum.
S. Two-fifths on the expenses of the Board are borne by the School Board and
three-fifths by the County Commission.
6. As used herein, the word "Board" means "Value Adjustment Board" and "Special
Magistrates. "
CHAPTER 2:
POWERS AND DUTIES
1. The Board must meet not earlier than 30 days, nor later than 60 days atter the
mailing of the "Notices of Proposed Property Taxes" by the Property Appraiser under
section 194.011(1), Florida Statutes; provided, however, that no Board hearing may be
held before approval of all or any part of the assessment rolls by the Departments of
Revenue. The Board is required to meet for the following purposes:
(a) Hearing taxpayers' petitions relating to the amount of assessments.
(b) Hearing complaints relating to Homestead exemptions.
(c) Hearing appeals from exemptions denied, or disputes arising from
exemption granted, upon the filing of exemption applications (i.e. other
than Homestead exemptions)
(d) Hearing appeals conceming ad valorem tax deferrals and classifications.
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Agenda Item No. 16K15
September 13, 2005
Page 37 of 58
Notwithstanding the. foregoing, the Board may meet prior to the approval of the
assessment rolls by the Department of Revenue, but not earlier than July 1, to hear
appeals pertaining to the denial by the Property Appraiser of exemptions, agricultural
classifications, and deferrals under (b), (c), and (d). In such event, the Board may not
certify any assessments under Section 193.122 until after the Department has approval
such assessments in accordance with Section 193.1142 and after all hearings have
been help with respect to the Particular parcel under appeal.
2. The Board was authorized by state law to impose a filling fee not to exceed
$15.00 for each separate parcel of property, real or personal, covered by taxpayers
petitions (i.e. with certain exceptions pertaining to denials of Homestead exemption and
tax deferrals). Petitions filed without the appropriate filing fee are deemed invalid and
must be rejected.
3. The Board is required to appoint special magistrates for the purpose of taking
testimony and making recommendations to the Board, which recommendations the
Board may act upon without further hearing. The Board has chosen to act upon such
recommendations without further hearings. Appeals to the full Board by Taxpayers and
the Property Appraiser requesting de novo review of the special magistrate's
recommendations will be denied. Special magistrates must meet the criteria set forth in
s. 194.035, Fla. Stat.
4. The Board is required to remain in session from day to day until all petitions,
complaints, appeals, and disputes are heard. If all or any part of an assessment roll is
disapproved by the Florida Department of Revenue, the Board is required to reconvene
to hear petitions, complaints, appeals and disputes filed upon the finally approved roll or
part of a roll.
S. The Board has no power to fix the original valuation of property for ad valorem
tax purposes or to grant an exemption not authorized by law. The Board is bound by
the same standards as the County Property Appraiser in determining value and the
granting of exemptions. With certain exceptions, all property, real and personal, must
be assessed at fair market value as of January 1 of the tax year. The Board, or its
special magistrates, may not reduce an assessment below fair market value (i.e. in
order to "equalize" it with other assessments), but for purposes of reviewing a petition,
the Board may consider assessments among comparable properties within
homogeneous area or neighborhoods.
6. The Board has no power to grant relief either by adjustment of the value of a
property or by the granting of an exemption on the basis of hardship of a particular
taxpayer.
7. The Board, in determining the valuation of a specific property, may not consider
the ultimate amount of tax required by the various taxing authorities.
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Agenda Item No. 16K15
September 13, 2005
Page 38 of 58
8. The powers, authorities, duties and functions of the Board, insofar as they are
appropriate, apply equally to real property and tangible personal property.
9. The Board may not extend the time for the filing of petitions. However, the failure
to meet the statutory deadline for filing a petition is not a absolute bar to consideration
of such a petition by the Board when the Board determines that the petitioner has
demonstrated good cause for failure to timely file, justifying consideration, and that the
delay will not in fact be prejudicial to the performance of its functions in the taxing
process. The issue of whether a petitioner can demonstrate "good cause" for a late
filing will be determined by the Special Magistrate in accordance with Chapter 4.
10. The Board is required to hear disputed or appealed applications for exemption
and must grant such exemptions, in whole or in part, in accordance with the criteria
established by law. In addition, the Board may review previously granted exemptions
on its own motion or upon motion of the Property Appraiser. Review of an exemption
application upon motion of the Board cannot be heard until the applicant has had at
least five (5) calendar days notice of the Board's intent to review the application.
11. The Board will comply with all valid rules and regulations promulgated by the
Florida Department of Revenue.
CHAPTER 3:
PRE-HEARING EVIDENCE EXCHANGE
1. At least fifteen (15) days before the scheduled hearing, the taxpayer/petitioner
must provide the Property Appraiser with a written list and summary of evidence, along
with copies of the all documentation to be presented at the hearing. The
taxpayer/petitioner should take such measures as are necessary to ensure receipt of
these materials by the Property Appraiser within this time period. The complete
package must be provided to the Property Appraiser and two copies of the evidence
package must be delivered to the Clerk to the Board for distribution to the Special
Magistrate and for purposes of the record.
2. No later than seven (7) days before the hearing, if the Property Appraiser
receives the taxpayer/petitioners documentation, and if requested in writing by the
taxpayer/petitioner, the Property Appraiser must provide the taxpayer/petitioner with a
written list and summary of its evidence to be presented at hearing. This list and
summary must likewise be accompanied with copies of the documentation to be
presented. The evidence list must contain the property record card if provided by the
Clerk. When computing the seven day period, Saturdays, Sundays and legal holidays
shall not be included.
3. If the taxpayer/petitioner does not provide the information to the Property
Appraiser at least 15 days prior to the hearing pursuant to Section 1 above, the Property
Appraiser need not provide the information to the taxpayer/petitioner pursuant to
Section 2.
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Agenda Item No. 16K 15
September 13, 2005
Page 39 of 58
If the Property Appraiser requests in writing any evidentiary materials of the
taxpayer/petitioner, and the taxpayer/petitioner refuses to provide the requested
materials prior to the hearing, such information shall not be presented or considered at
the scheduled hearing by the Special Magistrate. (Fla. Stat. 194.034{1 )(d)).
4. If the Property Appraiser does not provide the information within the time
required under Section 2, the taxpayer/petitioner will be entitled to reschedule the
hearing. In such event, the taxpayer must notify the Clerk no later than twenty-four (24)
hours, excluding weekends and holidays, after the day of required production that the
Property Appraiser did not fully comply, the details of such non-compliance, and request
a reschedule in writing. After receipt of this written notice, the Clerk will re-schedule the
hearing.
5. The documentation exchanged under Section 1 and 2 above must be delivered
by regular or certified mail, personal delivery, overnight mail, facsimile or e-mail. The
date of transmission bye-mail or fax to an address provided by the addressee shall be
deemed to constitute the date of delivery to the recipient. For such purpose, three e-
mail or fax attempts to the address provided by the addressee will be deemed sufficient.
If more than one fax number is provided, three (3) attempts must be made to each
number to satisfy this requirement. "Provided" means made available in the manner
designated by the property appraiser or by the taxpayer/petitioner in his/her submission
of information, as via emaH, facsimile, U.S. Mail, or at the property appraiser's office for
pick up. If the taxpayer/petitioner designates delivery by u.s. Mail or does not
specifically designate the desired manner for receiving the Property Appraiser's
information, the information shall be deposited into the mail by the Property Appraiser.
The taxpayer/petitioner and the Property Appraiser may agree to a different method or
timing of the exchange.
6. The information must be sent to the taxpayer/petitioner or agent at the address
shown on the petition form; however, it may be submitted to an e-mail or fax address if
so indicated by the taxpayer/petitioner.
7. In computing any period of time prescribed by these rules, the day of the act,
event, or default from which the designated period of time begins to run shall not be
included. The last day of the period so computed shall be included unless it is a
Saturday, Sunday, or legal holiday, in which event the period shall run until the end of
the next day which is neither a Saturday, Sunday or legal holiday. If the fifteenth day
before a hearing is a Saturday, Sunday, or legal holiday, the information under
subsection 2 shall be provided no later than the previous business day.
8. The summary of any testimony submitted pursuant to Sections 1 and 2 shall be
sufficiently detailed as to reasonably inform a party of the general subject matter of the
witness testimony, and shall contain the name and address of the witness.
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Agenda Item No. 16K15
September 13, 2005
Page 40 of 58
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9. No taxpayer/petitioner may present nor shall the special magistrate accept for
consideration any "testimony or other evidentiary materials" that were requested of the
taxpayer/petitioner in writing by the Property Appraiser of which the taxpayer "had
knowledge and denied to the Property Appraiser." (Section 194.034(1) (d), Florida
Statutes.)
1 O. Neither the Board nor the special magistrate shall take any general action
regarding compliance with this Chapter, but any action on each petition shall be
considered on a case by case basis. Any action shall be based on a consideration of
whether there has been a substantial noncompliance with this section, and shall be
taken at a scheduled hearing and based on evidence presented at such hearing.
"General action" means a prearranged course of conduct not based on evidence
received in a specific case at a scheduled hearing on a petition. The normal remedy
for such non-compliance shall be a rescheduling of the hearing to allow the petitioner an
opportunity to review the information of the Property Appraiser.
CHAPTER 4:
CONDUCT OF HEARINGS; PROCEDURES
1. Proceedings of the Board must be conducted in compliance with the Florida
Sunshine Law (i.e. Section 268.011, Florida Statutes):
(a)
(b)
in the open.
Reasonable notice must be given to the public prior to a Board meeting.
All Board meetings at which any official action may be taken must be held
2. Board and special magistrate hearings are required to the conducted in
accordance with the applicable provisions of Chapter 194 and 196, Florida Statutes,
and administrative rules promulgated by the Florida Department of Revenue. Chapter
120, Florida Statutes, does not apply to VAB proceedings, including hearings before the
. Special Magistrates.
3. Upon the filing of a petition by a taxpayer, the Clerk of the Board is required to
deliver to the person so filing, an acknowledgment of receipt of such petition and must
promptly furnish a copy of same to the Property Appraiser. The failure to file the
appropriate filing fee with the petition will result in the rejection of the petition. Any
late-filed petitions received by the Clerk will be scheduled before a special magistrate in
accordance with Section 4 below.
4. A late-filed petition will be scheduled for hearing before a Special Magistrate by
the Clerk and reasonable notice given to the taxpayer/petitioner. If, after review of the
evidence, the Special Magistrate finds that the taxpayer/petitioner has demonstrated
both "good cause" justifying the late filing AND that delay will not be prejudicial to the
Board's performance of its functions, slhe will issue the finding at conclusion of the
hearing. Thereafter the Clerk will schedule the petition for a hearing.
.-'
10
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Agenda Item No. 16K 15
September 13, 2005
Page 41 of 58
All evidence to be presented to the Special Magistrate by the taxpayer/petition must be
provided to the Property Appraiser no later than seven (7) days in advance of the "good
cause" hearing. The time periods contained in Chapter 3 do not apply to "good cause"
hearings.
S. The Clerk of the Board will prepare a schedule of appearances before the Board
(Special Magistrates) based on petitions (including applications for Homestead
Exemptions denied by the Property Appraiser) timely filed with him. The Clerk must
notify each petitioner of the scheduled time of his appearance in writing by U.S. mail or
Personal delivery so that the notice is received by the taxpayer no less than twenty-five
(25) calendar days prior to the day of such scheduled appearance. The Clerk is
deemed to have prima facie complied with such notice requirements if the notice is
deposited in the U.S. Mail thirty (3D) days prior to the day of such scheduled
appearance. The Clerk will include a copy of the property record card with the notice in
all cases, whether or not requested by the taxpayer. The Clerk will not schedule
hearings in personal property cases, unless a return is filed within the time prescribed
by the Board.
6. The petitioner has the right to reschedule his or her hearing ONE time by
submitting to the Clerk a written request to reschedule NO LESS THAN FIVE (5)
calendar days before the day of the originally scheduled hearing. This does not apply to
"good cause" hearings.
7. The Board and its special magistrates act in a quasi-judicial capacity with respect
to the conduct of these hearings.
8. Board members and special magistrates should disqualify themselves on their
own initiative or upon motion of any party interest or other cause for which a judge may
be recused, with respect to any appeal coming before the Board.
9. No Board member or special magistrate should communicate ex parte with any
taxpayer or the Property Appraiser relative to the merits of any case. However, this
should not preclude a Board member or special magistrate from communicating with a
taxpayer or the Property Appraiser for proposes of obtaining additional raw data upon
which a finding might be based. Any communications concerning the proper conclusion
to be drawn from any such raw data would constitute a discussion of the merits and
results in an ex parte communication prohibited by law.
10. (a) Any taxpayer may be represented by an attorney or agent before the
Board or special magistrate, or may appear on his own behalf.
(b) A condominium homeowners'. association (or qualified incorporated mobile
home park association) may appear before the Board or Special Magistrate to
present testimony and evidence regarding the assessment of condominium units
which said association represents.
11
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Agenda Item No. 16K15
September 13, 2005
Page 42 of 58
,....-.,
Said testimony and evidence must also be considered by the Board or Special
Magistrate with respect to petitions filed by individual condominium unit owners,
unless the owner requests otherwise.
11. (a) Irrelevant, immaterial or unduly repetitious evidence may be excluded by
the Board or special magistrate but all other evidence of a type commonly relied
upon by reasonable prudent persons in the conduct of their affairs is admissible,
whether or not such evidence would be admissible in a court of law.
(b) Any part of a taxpayer's evidence may be received in written from, and all
testimony of parties and witnesses is required to be made under oath upon the
request of either party. The Special Magistrate or court reporter will administer
the oath to all persons providing testimony, including parties. Witnesses for
either party may be cross - examined by the other party when testimony is taken.
(c) Hearsay evidence may be admitted for the purpose of supplementing or
explaining other evidence, but it is not sufficient in itself to support a finding
unless it would be admissible over objection in a civil action in the courts of this
State.
12. The Property Appraiser's determinations are entitled to a "presumption of
correctness" and petitioning taxpayers have the burden to prove that the Property
Appraiser's determinations are incorrect.
(a) In the non-valuation cases (e.g. exemption and agricultural classification
cases), this presumption of correctness can be properly rebutted only by
evidence which excludes very reasonable hypothesis of a legal assessment.
(b) In valuation cases, the Property Appraiser's valuation is still presumed
correct, but the presumption is lost if the taxpayer establishes by a
preoonderance of the evidence that either the Property Appraiser (a) failed to
properly consider all of the valuation criteria mandated by statute in computing
the assessment, or (b) derived the assessment arbitrarily based on appraisal
practices different from those generally applied to comparable property within the
same class and county.
If the taxpayer overcomes the initial presumption of correctness, in the foregoing
manner, he or she then has the burden to prove by a preponderance of the
evidence that the assessment exceeds fair marker value, If, however, the
taxpayer cannot overcome the property appraiser's initial presumption of
correctness, then the taxpayer, in order to obtain relief, must prove that the
assessment is excessive by clear and convincing evidence. In no case involving
valuation, however, does the taxpayer have the burden of proving that the
assessment is "not supported by any reasonable hypothesis of a legal
assessment. "
r
12
Agenda Item No. 16K15
September 13, 2005
Page 43 of 58
13. If the Property Appraiser's assessed value is determined to be erroneous, the
Board can establish the assessment if there exists competent, substantial evidence in
the record. If not, the Board must remand to the Property Appraiser with the
appropriate directions for a redetermination of value.
14. The Clerk of the Board is required to maintain a verbatim record of all
proceedings and must preserve all documentary evidence and listings for a period of
not less than four (4) years. The Board and its special magistrates should insist that all
documentary evidence relied upon by any party be incorporated into the Board's files.
In the event a party refuses to relinquish possession of any such documentary
evidence, the Board and its special magistrates should not consider the same in making
a finding of fact or conclusion of law.
15 No petitioner may present, nor may the Board or special magistrate accept,
testimony or other evidentiary materials for consideration that were requested of the
petitioner in writing by the Property Appraiser of which the petitioner had knowledge,
and denied to the Property Appraiser. No evidence shall be considered by the Board or
special magistrate except when presented during the time scheduled for the petitioner's
hearing, or at a time when the petitioner has been given reasonable notice.
16. Every decision of the Board or recommendation by a Special Magistrate must
contain specific and detailed findings of fact, including both ultimate findings of fact and
basic and underlying findings of fact. Each basic and underlying finding must be
properly annotated to its supporting evidence.
(a) An ultimate finding is a determination of fact is usually expressed in the
language of a statutory standard and must be supported by and flow rationally
from adequate basic and underlying findings.
(b) Basic and underlying findings are those findings on which the ultimate
findings rest and which are supported by evidence. Basic and underlying
findings are more detailed than the ultimate findings, but less detailed than a
summary of evidence.
(c) Reasons are those clearly stated grounds upon which the Board or
Property Appraiser acted.
17. All decisions made must include the nature of the change made and indicate the
just, taxable, and exempt value before and after the change.
18. The Special Magistrate shall render a written recommendation in a form provided
by the Clerk of the Board, within five (S) days of the hearing. This recommendation
may, but need not, be rendered at the conclusion of the hearing. All recommendations
are presented to the Board at a publicly noticed meeting and approved by the Board
without further hearing.
13
'.
Agenda Item No. 16K15
September 13, 2005
Page 44 of 58
,'~
19. All final decisions by the Board must be issued within twenty (20) calendar days
of the last day the Board is in session, and the clerk, upon issuance thereof, must notify
by first class mail each taxpayer, the Property Appraiser and the Department of
Revenue of the decision of the Board. If no decision is rendered in a case, the reason
therefore must be placed in the records, compiled by the Clerk and maintained along
with the verbatim record.
f
r
14
..
Agenda Item No. 16K15
September 13, 2005
Page 45 of 58
...!
SPECIAL MAGISTRATE AGREEMENT
THIS AGREEMENT has been made and entered into on this J I day
ot..:r(l~ V , 2005, by and between GERALD A. LAGACE. dba MACHINERY
CAPITAL! ASSETS. hereinafter referred to as "Special Magistrate,U and COLLIER
COUNTY, a political subdivision of the State of Florida, and the DISTRICT SCHOOL
BOARD OF COLLIER COUNTY, hereinafter collectively referred to as the 'Value
Adjustment Board" (VAB).
WITNESSETH
1. Commencement. This Agreement will commence upon execution of this
Agreement by the last signing party, and shall terminate upon completion of the
assignment and payment for same.
2. Assignment. The Special Magistrate shall conduct hearings on petitions to the
Value Adjustment Board regarding valuation of real estate or tangible personal property
for the 2005 tax year. The Special Magistrate will conduct these hearings in
accordance with the Rules of Procedure adopted by the Collier County Value
Adjustment Board, administrative rules promulgated by the Florida Department of
Revenue, and applicable Florida Statutes. The V AB Rules of Procedure are attached
hereto as Exhibit A and incorporated herein as a part of this Agreement.
These hearings will commence on or after October 14, 2005, and may continue each
following day until completed. The Special Magistrate shall prepare in writing his/her
findings of fact, conclusions of law, and recommendation to the Value Adjustment Board
using the forms approved by the V AB. Time is of the essence in this regard as the
VAS intends to meet as soon as possible after the completion of the hearings for
purposes of adopting all recommendations by its Special Magistrates. To the extent
reasonably possible the Special Magistrate will render his/her recommendation within
48 hours, but, in no event, more than five (5) days after the hearing. To this end, the
VAS has requested in its solicitation of interest, and the Special Magistrate has
.( X represented, his/her availability from October 13 to November 15, 2005. The Special
Magistrate shall be compensated on an hourly basis for the time needed to complete his
recomm~dations ~ubject t~ the time limitations im:p~s . Paragraph 4 below.
)( K ./!/tlr ()!1/jlif3Je /tJl~ ~ /OJ 1'/ .
The VAS doe~ot warrant thatfhe Sp~ial Magistr will be scheduled to serve any
particular number of days or hear any number of cases.
3. Standards and Requirements. The Special Magistrate will comply with all
Florida laws and administrative rules, and constitutional principles of due process when
conducting the value adjustment hearings. The Collier County V AB and the County
Attorney may provide additional direction or guidance to the Special Magistrate, such as
its Rules and Procedures, for the conduct of the hearings. This guidance will be
followed by the Special Magistrate to the extent that such guidance does not impede
upon the Special Magistrate's independent decision-making.
Agenda Item No. 16K15
September 13, 2005
Page 46 of 58
-
The Special Magistrate will consider only acceptable appraisal practices when hearing
all petitions but shall not engage in the re-appraisal of properties.
The Special Magistrate will be responsible for preserving the record and his/her
recommendations as required by Florida Statutes, F.A.C. Rule 12D-10, and the VAB
Rules of Procedure. All recommendations shall be forwarded to the Clerk to the Board
along with the evidentiary record for each hearing.
The VAB will be responsible for providing a verbatim transcript and back-up audio
recording of all proceedings. The Special Magistrate will be responsible for operating
the audio recording equipment, if necessary.
By execution of this Agreement, the Special Magistrate represents that s/he meets the
requirements of s. 194.035, Fla. Stat. (2004) and will maintain all licensure required by
this statute through completion of the Assignment.
4. Compensation. The Special Magistrate will be paid an hourly rate of ~ 110.00
for services rendered in accordance with this Agreement. The Special Magistrate will
maintain a record of time for his/her performance under this Agreement and shall submit
an invoice to the V AB after completion of all scheduled hearings and recommendations
to the VAS. This invoice shall be signed and certified by the Special Magistrate as
being accurate. Upon receipt of a proper invoice, the VAB will pay the Special
Magistrate in accordance with s. 218.70, Fla. Stat., otherwise known as the "Florida
Prompt Payment Act."
Any time required for research and preparation beyond the hours required to conduct
hearings shall not exceed twice the number of hours required for hearings without
documentation of the need for such additional hours and advance approval by the
County Attorney's Office.
Time spent traveling to the location of the hearing where the distance traveled exceeds
25 miles will be compensated at the hourly rate.
The compensation paid to the Special Magistrate shall be bome three-fifths (3/5s) by
the COUNTY and two-fifths (2/Ss) by the SCHOOL BOARD. After payment of
compensation to the Special Magistrate, the COUNTY will calculate the SCHOOL
BOARD's share of the compensation paid and prepare an invoice for the SCHOOL
BOARD. The SCHOOL SOARD agrees to pay the COUNTY within thirty (30) days of
receipt of this invoice.
S. Costs and Expenses. The VAS shall provide the hearing rooms for all Special
Magistrate hearings and shall be responsible for the costs of recording all hearings
before the Special Magistrate. The V AB will provide the Special Magistrate with
sufficient forms for the completion of his/her findings of facts and conclusions of law for
each hearing. All clerical expenses incurred by the Special Magistrate in the
performance of this Agreement shall be the sole responsibility of the Special Magistrate.
2
Agenda Item No. 16K15
September 13, 2005
Page 47 of 58
6. Termination. If the Special Magistrate fails to perform his/her services in a
manner consistent with this Agreement, the V AB may terminate this Agreement
immediately for cause. The V AB reserves the right, in its absolute discretion, to refrain
from scheduling any hearings with the Special Magistrate and to discontinue the
services of the Special Magistrate at any time for convenience. If the V AB elects to
terminate this Agreement for convenience, such election may be made with no less than
24 hours notice to the Special Magistrate. In recognition of the special time constraints
attendant to V AB hearings, the parties hereto agree that 24 hours notice is reasonable
in this instance. The V AB shall be the sole judge of non-performance.
In the event the Special Magistrate is terminated for cause, which may include the
failure to provide his/her recommendation in a timely manner, the Special Magistrate will
be entitled only to compensation for his/her time in conducting hearings.
7. Renewal. Unless terminated pursuant to Section 6, this Agreement shall extend
through the completion of the 2005 VAS hearings and the 30-day acceptance period
provided herein. This Agreement may be renewed for an additional VAB session for
two (2) consecutive years upon written notice by the VAB to the Special Magistrate prior
to the expiration of this Agreement. The Special Magistrate will have thirty (30) days
from the date of notice to accept or decline renewal of this Agreement.
8. No Improper Use. The Special Magistrate agrees he/she will not use, or suffer
or permit any person to use in any manner, 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. In the event of such violation by the
Special Magistrate, the V AB shall have the right to suspend further work by the Special
Magistrate or terminate this Agreement.
9. Unlawful Solicitation and Assignment of Agreement. By execution of this
agreement, the Special Magistrate warrants that he/she has not employed, retained,
paid or agreed to pay any company or person, other than a bona fide employee, to
solicit or secure this Agreement contingent upon, or resulting from, the award or making
of this Agreement. The Special Magistrate further warrants that no part of the total of
the fees payable under the terms of this Agreement shall be paid directly or indirectly to
any employee of the County as wages, compensation, or gift in exchange for acting as
officer, agent, employee, subcontractor, or consultant to the Special Magistrate in
connection with any services performed under the terms of this Agreement. The
Special Magistrate expressly acknowledges that the V AB is entering into this
Agreement due to the qualifications and experience of Gerald A. Lagace, DSA
Machinery Capital Assets, and further agrees that there shall be no transfer or
assignment of any part of this Agreement, except with the express written approval of
the VAS, and all hearings will be conducted by Gerald A. Lagace.
10. Relationship. Nothing contained herein shall create or be construed as creating
a partnership between the V AB and the Special Magistrate.
3
,,-
Agenda Item No. 16K15
September 13, 2005
Page 48 of 58
Nor shall this Agreement be construed as to constitute the Special Magistrate as an
agent or employee of the V AB.
11. Non-discrimination. No person on the grounds of handicap, sex, race, color,
religion, national original or age, will be excluded from participation in, be denied
benefits of, or be otherwise subjected to discrimination in the performance of this
Agreement.
12. Records. The Special Magistrate shall maintain records of all accounts, invoices
for reimbursable expenses and supporting documentation for any research or reports,
for a period of five (S) years from completing the performance of this Agreement. Such
records shall be sufficient to permit a proper pre- and post-audit in accordance with
generally accepted accounting practices. The Special Magistrate shall allow public
access to all documents and materials in accordance with the provisions of Chapter
119, Florida Statutes, and will permit the inspection of such records at the location
where they are kept after reasonable notice.
13. 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 along with the terms and conditions of RFP 05-3848, "Appraiser Special
Magistrate for 2005 Collier County VAS," and the response thereto submitted by the
undersigned party, which is incorporated herein by reference, shall constitute the entire
agreement between the parties, and there are no other prior or contemporaneous, oral
or written agreements, understandings or promises related to this Agreement.
14. Amendment. This Agreement may be modified only by written amendment
executed by all parties.
15. Notice. When any party desires to give notice to the other, it must be
given in writing and sent by regular mail or facsimile to the party for whom it is intended,
as specified below:
VALUE ADJUSTMENT BOARD
c/o Ellen T. Chadwell, Esq.
Office of County Attorney
3301 Tamiami Trail East
8th Floor (Bldg F)
Naples, Florida 34112
Telephone: (239) 774-8400
Facsimile: (239) 774-0225
Copy to:
Clerk to the Value Adjustment Board
c/o Patricia Morgan, Supervisor
Clerk of Courts
3301 Tamiami Trail East
4 th Floor (Bldg F)
Naples, Florida 34112
Telephone: (239) 774-8399
Facsimile: (239) 774-8408
z-
4
Agenda Item No. 16K 15
September 13, 2005
Page 49 of 58
16. Governing Law. This Agreement shall be governed by Florida law.
IN WITNESS WHEREOF, the parties have hereunto affixed their signatures by their
duly authorized representatives.
As to SPECIAL MAGISTRATE:
Witnesses:
DATE: P/liS-
~
s~~r~74
Print Name I "#
GERALD A. LAGACE
dba M CHINERY CAPIT
As to VALUE ADJUSTMENT
BOARD:
DATE:
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY
By:
, Deputy Clerk
By:
FRED W. COYLE, Chairman
A~tov ~.1f~
. Assistant County Attorney
WltnesseSllen T. Chadwell
Si~
/( br!K1.r C-..r?'e"NCt;-7(
Print Name
~~kr
Signatu k~f!{l..1
pri~e
DATE:
~~/.> -oS-
COLLIER COUNTY DISTRICT
SCHOOL BOARD
By: S1;.A- ~
STEVE FAIN, Financial Officer
Collier County District School Board
5
Agenda Item No. 16K15
September 13, 2005
Page 50 of 58
VALUE ADJUSTMENT BOARD
RULES OF PROCEDURE
CHAPTER 1: ORGANIZATION
1. The Value Adjustment Board is a separate and distinct governmental body
created by statute and is composed of three members of the Board of County
Commissioners and two School Board Members.
2. One of the County Commissioners is required to the elected as Chairman of the
Board.
3. The members of the Board may be temporarily replaced by other members of the
respective boards (Le. the Commission and School Board) on appointment by their
respective chairpersons.
4. Any three members of the Board constitute a quorum, except that each quorum
must include at least one Commissioner and one School Board member. No meeting of
the Board can take place without a quorum.
S. Two-fifths on the expenses of the Board are borne by the School Board and
three-fifths by the County Commission.
6. As used herein, the word "Board" means "Value Adjustment Board" and "Special
Magistrates,"
CHAPTER 2:
POWERS AND DUTIES
1, The Board must meet not earlier than 30 days, nor later than 60 days after the
mailing of the "Notices of Proposed Property Taxes" by the Property Appraiser under
section 194.011 (1), Florida Statutes; provided, however, that no Board hearing may be
held before approval of all or any part of the assessment rolls by the Departments of
Revenue. The Board is required to meet for the following purposes:
(a) Hearing taxpayers' petitions relating to the amount of assessments.
(b) Hearing complaints relating to Homestead exemptions.
(c) Hearing appeals from exemptions denied, or disputes anslng from
exemption granted, upon the filing of exemption applications (Le. other
than Homestead exemptions)
(d) Hearing appeals concerning ad valorem tax deferrals and classifications.
1-
6
. .
Agenda Item No. 16K15
September 13, 2005
Page 51 of 58
Notwithstanding the foregoing, the Board may meet prior to the approval of the
assessment rolls by the Department of Revenue, but not earlier than July 1, to hear
appeals pertaining to the denial by the Property Appraiser of exemptions, agricultural
classifications, and deferrals under (b), (c), and (d). In such event, the Board may not
certify any assessments under Section 193.122 until after the Department has approval
such assessments in accordance with Section 193.1142 and after all hearings have
been help with respect to the Particular parcel under appeal.
2. The Board was authorized by state law to impose a filling fee not to exceed
$15.00 for each separate parcel of property, real or personal, covered by taxpayers
petitions (Le. with certain exceptions pertaining to denials of Homestead exemption and
tax deferrals). Petitions filed without the appropriate filing fee are deemed invalid and
must be rejected.
3. The Board is required to appoint special magistrates for the purpose of taking
testimony and making recommendations to the Board, which recommendations the
Board may act upon without further hearing. The Board has chosen to act upon such
recommendations without further hearings. Appeals to the full Board by Taxpayers and
the Property Appraiser requesting de novo review of the special magistrate's
recommendations will be denied. Special magistrates must meet the criteria set forth in
s. 194.035, Fla. Stat.
4. The Board is required to remain in session from day to day until all petitions,
complaints, appeals, and disputes are heard. If all or any part of an assessment roll is
disapproved by the Florida Department of Revenue, the Board is required to reconvene
to hear petitions, complaints, appeals and disputes filed upon the finally approved roll or
part of a roll.
5. The Board has no power to fix the original valuation of property for ad valorem
tax purposes or to grant an exemption not authorized by law. The Board is bound by
the same standards as the County Property Appraiser in determining value and the
granting of exemptions. With certain exceptions, all property, real and personal, must
be assessed at fair market value as of January 1 of the tax year. The Board, or its
special magistrates, may not reduce an assessment below fair market value (i.e. in
order to "equalize" it with other assessments), but for purposes of reviewing a petition,
the Board may consider assessments among comparable properties within
homogeneous area or neighborhoods.
6. The Board has no power to grant relief either by adjustment of the value of a
property or by the granting of an exemption on the basis of hardship of a particular
taxpayer.
7. The Board, in determining the valuation of a specific property, may not consider
the ultimate amount of tax required by the various taxing authorities.
7
Agenda Item No. 16K15
September 13, 2005
Page 52 of 58
8. The powers, authorities, duties and functions of the Board, insofar as they are
appropriate, apply equally to real property and tangible personal property.
9. The Board may not extend the time for the filing of petitions. However, the failure
to meet the statutory deadline for filing a petition is not a absolute bar to consideration
of such a petition by the Board when the Board determines that the petitioner has
demonstrated good cause for failure to timely file, justifying consideration, and that the
delay will not in fact be prejudicial to the performance of its functions in the taxing
process. The issue of whether a petitioner can demonstrate "good cause" for a late
filing will be determined by the Special Magistrate in accordance with Chapter 4.
10. The Board is required to hear disputed or appealed applications for exemption
and must grant such exemptions, in whole or in part, in accordance with the criteria
established by law. In addition, the Board may review previously granted exemptions
on its own motion or upon motion of the Property Appraiser. Review of an exemption
application upon motion of the Board cannot be heard until the applicant has had at
least five (5) calendar days notice of the Board's intent to review the application.
11. The Board will comply with all valid rules and regulations promulgated by the
Florida Department of Revenue.
CHAPTER 3:
PRE-HEARING EVIDENCE EXCHANGE
1. At least fifteen (15) days before the scheduled hearing, the taxpayer/petitioner
must provide the Property Appraiser with a written list and summary of evidence, along
with copies of the all documentation to be presented at the hearing. The
taxpayer/petitioner should take such measures as are necessary to ensure receipt of
these materials by the Property Appraiser within this time period. The complete
package must be provided to the Property Appraiser and two copies of the evidence
package must be delivered to the Clerk to the Board for distribution to the Special
Magistrate and for purposes of the record.
2. No later than seven (7) days before the hearing, if the Property Appraiser
receives the taxpayer/petitioner's documentation, and if requested in writing by the
taxpayer/petitioner, the Property Appraiser must provide the taxpayer/petitioner with a
written list and summary of its evidence to be presented at hearing. This list and
summary must likewise be accompanied with copies of the documentation to be
presented. The evidence list must contain the property record card if provided by the
Clerk. When computing the seven day period, Saturdays, Sundays and legal holidays
shall not be included.
3. If the taxpayer/petitioner does not provide the information to the Property
Appraiser at least 15 days prior to the hearing pursuant to Section 1 above, the Property
Appraiser need not provide the information to the taxpayer/petitioner pursuant to
Section 2.
8
'.
Agenda Item No. 16K15
September 13, 2005
Page 53 of 58
If the Property Appraiser requests in writing any evidentiary materials of the
taxpayer/petitioner, and the taxpayer/petitioner refuses to provide the requested
materials prior to the hearing, such information shall not be presented or considered at
the scheduled hearing by the SpeCial Magistrate. (Fla. Stat. 194.034(1 )(d)).
4. If the Property Appraiser does not provide the information within the time
required under Section 2, the taxpayer/petitioner will be entitled to reschedule the
hearing. In such event, the taxpayer must notify the Clerk no later than twenty-four (24)
hours, excluding weekends and holidays, after the day of required production that the
Property Appraiser did not fully comply, the details of such non-compliance, and request
a reschedule in writing. After receipt of this written notice, the Clerk will re-schedule the
hearing.
5. The documentation exchanged under Section 1 and 2 above must be delivered
by regular or certified mail, personal delivery, overnight mail, facsimile or e-mail. The
date of transmission bye-mail or fax to an address provided by the addressee shall be
deemed to constitute the date of delivery to the recipient. For such purpose, three e-
mail or fax attempts to the address provided by the addressee will be deemed sufficient.
If more than one fax number is provided, three (3) attempts must be made to each
number to satisfy this requirement. "Provided" means made available in the manner
designated by the property appraiser or by the taxpayer/petitioner in his/her submission
of information, as via email,facsimile, U.S. Mail, or at the property appraiser's office for
pick up. If the taxpayer/petitioner designates delivery by U.S. Mail or does not
specifically designate the desired manner for receiving the Property Appraiser's
information, the information shall be deposited into the mail by the Property Appraiser.
The taxpayer/petitioner and the Property Appraiser may agree to a different method or
timing of the exchange.
6. The information must be sent to the taxpayer/petitioner or agent at the address
shown on the petition form; however, it may be submitted to an e-mail or fax address if
so indicated by the taxpayer/petitioner.
7. In computing any period of time prescribed by these rules, the day of the act,
event, or default from which the designated period of time begins to run shall not be
included. The last day of the period so computed shall be included unless it is a
Saturday, Sunday, or legal holiday, in which event the period shall run until the end of
the next day which is neither a Saturday, Sunday or legal holiday. If the fifteenth day
before a hearing is a Saturday, Sunday, or legal holiday, the information under
subsection 2 shall be provided no later than the previous business day.
8. The summary of any testimony submitted pursuant to Sections 1 and 2 shall be
sufficiently detailed as to reasonably inform a party of the general subject matter of the
witness testimony, and shall contain the name and address of the witness.
9
"
Agenda Item No. 16K15
September 13, 2005
Page 54 of 58
"
9. No taxpayer/petitioner may present nor shall the special magistrate accept for
consideration any "testimony or other evidentiary materials" that were requested of the
taxpayer/petitioner in writing by the Property Appraiser of which the taxpayer "had
knowledge and denied to the Property Appraiser." (Section 194.034(1) (d), Florida
Statutes. )
10. Neither the Board nor the special magistrate shall take any general action
regarding compliance with this Chapter, but any action on each petition shall be
considered on a case by case basis, Any action shall be based on a consideration of
whether there has been a substantial noncompliance with this section, and shall be
taken at a scheduled hearing and based on evidence presented at such hearing.
"General action" means a prearranged course of conduct not based on evidence
received in a specific case at a scheduled hearing on a petition. The normal remedy
for such non-compliance shall be a rescheduling of the hearing to allow the petitioner an
opportunity to review the information of the Property Appraiser.
CHAPTER 4:
CONDUCT OF HEARINGS; PROCEDURES
1. Proceedings of the Board must be conducted in compliance with the Florida
Sunshine Law (Le. Section 268.011, Florida Statutes):
(a) Reasonable notice must be given to the public prior to a Board meeting.
(b) All Board meetings at which any official action may be taken must be held
in the open.
2. Board and special magistrate hearings are required to the conducted in
accordance with the applicable provisions of Chapter 194 and 196, Florida Statutes,
and administrative rules promulgated by the Florida Department of Revenue. Chapter
120, Florida Statutes, does not apply to VAB proceedings, including hearings before the
Special Magistrates.
3. Upon the filing of a petition by a taxpayer, the Clerk of the Board is required to
deliver to the person so filing, an acknowledgment of receipt of such petition and must
promptly furnish a copy of same to the Property Appraiser. The failure to file the
appropriate filing fee with the petition will result in the rejection of the petition. Any
late-filed petitions received by the Clerk will be scheduled before a special magistrate in
accordance with Section 4 below.
4. A late-filed petition will be scheduled for hearing before a Special Magistrate by
the Clerk and reasonable notice given to the taxpayer/petitioner. If, after review of the
evidence, the Special Magistrate finds that the taxpayer/petitioner has demonstrated
both "good cause" justifying the late filing AND that delay will not be prejudicial to the
Board's performance of its functions, s/he will issue the finding at conclusion of the
hearing. Thereafter the Clerk will schedule the petition for a hearing.
10
Agenda Item No. 16K15
September 13, 2005
Page 55 of 58
All evidence to be presented to the Special Magistrate by the taxpayer/petition must be
provided to the Property Appraiser no later than seven (7) days in advance of the "good
cause" hearing. The time periods contained in Chapter 3 do not apply to "good cause"
hearings.
5. The Clerk of the Board will prepare a schedule of appearances before the Board
(Special Magistrates) based on petitions (including applications for Homestead
Exemptions denied by the Property Appraiser) timely filed with him. The Clerk must
notify each petitioner of the scheduled time of his appearance in writing by U.S. mail or
Personal delivery so that the notice is received by the taxpayer no less than twenty-five
(25) calendar days prior to the day of such scheduled appearance. The Clerk is
deemed to have prima facie complied with such notice requirements if the notice is
deposited in the U.S. Mail thirty (30) days prior to the day of such scheduled
appearance. The Clerk will include a copy of the property record card with the notice in
all cases, whether or not requested by the taxpayer. The Clerk will not schedule
hearings in personal property cases, unless a retum is filed within the time prescribed
by the Board.
6. The petitioner has the right to reschedule his or her hearing ONE time by
submitting to the Clerk a written request to reschedule NO LESS THAN FIVE (5)
calendar days before the day of the originally scheduled hearing. This does not apply to
"good cause" hearings.
7. The Board and its special magistrates act in a quasi-judicial capacity with respect
to the conduct of these hearings.
8. Board members and special magistrates should disqualify themselves on their
own initiative or upon motion of any party interest or other cause for which a judge may
be recused, with respect to any appeal coming before the Board.
9. No Board member or special magistrate should communicate ex parte with any
taxpayer or the Property Appraiser relative to the merits of any case. However, this
should not preclude a Board member or special magistrate from communicating with a
taxpayer or the Property Appraiser for proposes of obtaining additional raw data upon
which a finding might be based. Any communications concerning the proper conclusion
to be drawn from any such raw data would constitute a discussion of the merits and
results in an ex parte communication prohibited by law.
10. (a) Any taxpayer may be represented by an attorney or agent before the
Board or special magistrate, or may appear on his own behalf.
(b) A condominium homeowners' association (or qualified incorporated mobile
home park association) may appear before the Board or Special Magistrate to
present testimony and evidence regarding the assessment of condominium units
which said association represents. Said testimony and evidence must also be
11
Agenda Item No. 16K15
September 13, 2005
Page 56 of 58
considered by the Board or Special Magistrate with respect to petitions filed by
individual condominium unit owners, unless the owner requests otherwise.
11. (a) Irrelevant, immaterial or unduly repetitious evidence may be excluded by
the Board or special magistrate but all other evidence of a type commonly relied
upon by reasonable prudent persons in the conduct of their affairs is admissible,
whether or not such evidence would be admissible in a court of law.
(b) Any part of a taxpayer's evidence may be received in written from, and all
testimony of parties and witnesses is required to be made under oath upon the
request of either party. The Special Magistrate or court reporter will administer
the oath to all persons providing testimony, including parties. Witnesses for
either party may be cross - examined by the other party when testimony is taken.
(c) Hearsay evidence may be admitted for the purpose of supplementing or
explaining other evidence, but it is not sufficient in itself to support a finding
unless it would be admissible over objection in a civil action in the courts of this
State.
12. The Property Appraiser's determinations are entitled to a "presumption of
correctness" and petitioning taxpayers have the burden to prove that the Property
Appraiser's determinations are incorrect.
(a) In the non-valuation cases (e.g. exemption and agricultural classification
cases), this presumption of correctness can be properly rebutted only by
evidence which excludes very reasonable hypothesis of a leqal assessment.
(b) In valuation cases, the Property Appraiser's valuation is still presumed
correct, but the presumption is lost if the taxpayer establishes by a
preponderance of the evidence that either the Property Appraiser (a) failed to
properly consider all of the valuation criteria mandated by statute in computing
the assessment, or (b) derived the assessment arbitrarily based on appraisal
practices different from those generally applied to comparable property within the
same class and county.
If the taxpayer overcomes the initial presumption of correctness, in the foregoing
manner, he or she then has the burden to prove by a preponderance of the
evidence that the assessment exceeds fair marker value. If, however, the
taxpayer cannot overcome the property appraiser's initial presumption of
correctness, then the taxpayer, in order to obtain relief, must prove that the
assessment is excessive by clear and convincing evidence. In no case involving
valuation, however, does the taxpayer have the burden of proving that the
assessment is "not supported by any reasonable hypothesis of a leoal
assessment."
12
Agenda Item No. 16K15
September 13, 2005
Page 57 of 58
13. If the Property Appraiser's assessed. value is determined to be erroneous, the
Board can establish the assessment if there exists competent, substantial evidence in
the record. If not, the Board must remand to the Property Appraiser with the
appropriate directions for a redetermination of value.
14. The Clerk of the Board is required to maintain a verbatim record of all
proceedings and must preserve all documentary evidence and listings for a period of
not less than four (4) years. The Board and its special magistrates should insist that all
documentary evidence relied upon by any party be incorporated into the Board's files.
In the event a party refuses to relinquish possession of any such documentary
evidence, the Board and its special magistrates should not consider the same in making
a finding of fact or conclusion of law.
15 No petitioner may present, nor may the Board or special magistrate accept,
testimony or other evidentiary materials for consideration that were requested of the
petitioner in writing by the Property Appraiser of which the petitioner had knowledge,
and denied to the Property Appraiser. No evidence shall be considered by the Board or
special magistrate except when presented during the time scheduled for the petitioner's
hearing. or at a time when the petitioner has been given reasonable notice.
16. Every decision of the Board or recommendation by a Special Magistrate must
contain specific and detailed findings of fact, including both ultimate findings of fact and
basic and underlying findings of fact. Each basic and underlying finding must be
properly annotated to its supporting evidence.
(a) An ultimate finding is a determination of fact is usually expressed in the
language of a statutory standard and must be supported by and flow rationally
from adequate basic and underlying findings.
(b) Basic and underlying findings are those findings on which the ultimate
findings rest and which are supported by evidence. Basic and underlying
findings are more detailed than the ultimate findings, but less detailed than a
summary of evidence.
(c) Reasons are those clearly stated grounds upon which the Board or
Property Appraiser acted.
17. All decisions made must include the nature of the change made and indicate the
just, taxable, and exempt value before and after the change.
18. The Special Magistrate shall render a written recommendation in a form provided
by the Clerk of the Board, within five (S) days of the hearing. This recommendation
may, but need not, be rendered at the conclusion of the hearing. All recommendations
are presented to the Board at a publicly noticed meeting and approved by the Board
without further hearing.
13
Agenda Item No.
September 13,
Page 58
,,-
19. All final decisions by the Board must be issued within twenty (20) calendar days
of the last day the Board is in session, and the clerk, upon issuance thereof, must notify
by first class mail each taxpayer, the Property Appraiser and the Department of
Revenue of the decision of the Board. If no decision is rendered in a case, the reason
therefore must be placed in the records, compiled by the Clerk and maintained along
with the verbatim record.
14
/"--''''
.'-
Agenda Item No. 17 A
September 13, 2005
Page 1 of 19
EXECUTIVE SUMMARY
To obtain Board of County Commissioners Approval to repeal and replace the Ordinance
regulating Weeds, Litter and Exotics within the unincorporated County.
OBJECTIVE: To repeal and replace the Ordinance regulating Weeds, Litter and Exotics within
the unincorporated County.
CONSIDERATION: Collier County established an ordinance to control the spread of weed,
litter and exotic vegetation in 1999. Since it's original adoption there have been several
amendments to provide clarification or expand the regulations initially approved. The proposed
ordinance is being recommended for the same reasons.
More specifically, there has been a concern regarding the lack of maintenance at construction
sites. The current ordinance contains minimal regulations regarding the continual upkeep of an
active construction site. Consequently, many sites are left with uncontained litter creating a
negative visual impact to the surrounding properties. The lack of upkeep or removal of said litter
also creates a health safety concern. The proposed ordinance continues to provide for daily
removal and/or on-site containment, however, in the event a construction site is found un-
maintained the contractor will be required to secure an enclosed container (dumpster). Said
dumpster will be limited to construction debris only and not food, drink and food wrappers. The
proposed ordinance also provides a more specific definition of construction debris.
In addition to litter control, the proposed ordinance addresses properties with excessive weed
growth. The current Ordinance authorizes the County to abate weed violations when an owner
fails to respond to notice. It also authorizes the placement of a property with repeat weed
violations on a mandatory lot mowing program where the County would ensure the continued
compliance by regularly mowing the property and assessing the property owner for the cost for
maintenance. The current ordinance is somewhat cumbersome in the administration of the
assessment to the property owner for the work performed. The ordinance now requires
establishing a bond for the payment to the County for the services performed while the proposed
modification simply requires an invoice for the services performed be sent to the property owner.
The following items were completed as housekeeping items:
. Modifies the requirements for inert waste material containment areas within the Golden
Gate Estates area so that they conform to the Department of Environmental Protection
(DEP) regulations, which includes the following changes.
· The addition of a 100 ft distance requirement from potable water sources. (All
other distance requirements did not change).
· Amending containment pit size from 9,000 sq ft horizontal surface and 5 ft depth
to 10,000 sq ft horizontal surface and 3 ft depth.
· Requiring removal of vegetation 4 inches or less in diameter from site and
prohibiting chipped/shredded material from being placed in the containment area.
· Adding the requirement to obtain a DEP permit for any clearing within wetlands.
.-
Agenda Item No. 17 A
September 13, 2005
Page 2 of 19
· Inserts the Special Master as the authority to hear appeals to the determination of a public
nuisance, appeals to the costs being assessed for abatement of a nuisance, and assessment
of a lien for the failure to correct a public nuisance.
FISCAL IMP ACT: The proposed changes will not have a fiscal impact
GROWTH MANAGEMENT IMP ACT: The proposed changes will not have a growth
management impact.
LEGAL CONSIDERATION: The proposed ordinance has been reviewed and approved for
legal sufficiency.
RECOMMENDATION: That the Board of County Commissioners adopt the proposed
ordinance regulating Weeds, Litter and Exotics within the unincorporated County.
Prepared by: Michelle Edwards Arnold
Code Enforcement Director
Agenda Item No, 17 A
September 13, 2005
Page 3 0119
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number.
Item Summary:
17A
Meeting Date:
An o,dinance which regull'ltes and controls liner, weem.. and exotics w11hin the
unincorpora1ed Brea of Collier County
9/13/20059:00:00 AM
Approved By
Sandra Lea Executive Secretary Dote
Community De....elopment 3- Community Devetopmll!nt &
En....tronmental Ser'oo'icl!Ia Environmenttll Services Admin. 7f1f2JJOS 12:048 PM
Approved B)'
Constance A. Johnson OparationB Analyst Dote
Community De....elopment &. Community OtIvelapmenl &
Environmental Services Environmental Servlcu Admin. 7111120059:55 AM
Approved By
Jennifer A. Be-Ipedlo Aasi51ant County Attorney Dale
County Attorney County Attorney Office 7111/2006 4:52 PM
Apl~ro...ed By
Community Development &
Joseph K. Schmitt Environmental Services Adminstrator Da,.
Community Df).yelopment & Community Development &
Environmental Services Environmental Service. Admin. 7/13/20052:01 PM
Approved By
OMB Coordinator Admini&trative Assistant Date
County Manager's OffIce Office of Management & Budget 7f13/2005 2:27 PM
Approved 8)'
Mark Isackson Budget Analyst Dote
County Man.:Jger'. OffIce Office of Management & Budget 7(1312005 3:15 PM
Approved By
James V. Mudd County Manager Date
BOQrd of County
Commissionera County Manager's Office 7115:2005 4:$4 PM
Agenda Item No. 17 A
September 13. 2005
Page 4 of 19
ORDINANCE NO. 2005-_
AN ORDINANCE WHICH REGULATES AND CONTROLS
UITER, WEEDS, AND EXOTICS WITHIN THE
UNINCORPORATED AREA OF COLLIER COUNTY,
PROVIDING PURPOSE AND INTENT; TITLE;
APPLICABILITY; DEFINITIONS; DECLARATION OF LITTER
TO BE A PUBLIC NUISANCE AND TO BE UNLAWFUL;
PROHIBITING THE UNAUTHORIZED ACCUMULATION OF
LITTER; DECLARING DUMPING OR DEPOSITING OF
ABANDONED PROPERTY AS PROHIBITED; REGULATING
THE STORAGE OF LI1TER (AND CHANGES RELATED TO
CONSTRUCTION SITE CONTAINMENT OF LI'ITER);
REGULA TING WASTE MATERIALS MANAGEMENT (AND
CONTAINMENT PIT AREAS TO CONFORM TO DEP
STANDARDS); DECLARING WEEDS AND EXOTICS TO BE A
PUBLIC NUISANCE (AND REGULATING THE CONTROL OF
WEEDS AND EXOTICS); PROVIDING FOR EXEMPTIONS;
PROVIDING FOR (fHE ABATEMENT OF NUISANCES AND)
NOTICE OF VIOLATION FOR THE ABATEMENT OF THE
PUBLIC NUISANCE; PROVIDING FOR ASSESSMENT FOR
THE ABATEMENT OF NUISANCES; PROVIDING FOR RIGHT
TO HEARING ON THE DECLARATION AND ASSESSMENT OF
A PUBLIC NUISANCE; PROVIDING FOR ENFORCEMENT
PROCEDURES; PROVIDING FOR IMMEDIATE CORRECTIVE
ACTION; PROVIDING FOR PROCEDURES FOR AND EFFECT
OF MAILED NOTICES; PROVIDING FOR A MANDATORY
LOT MOWING PROGRAM; PROVIDING FOR PENAL TIES:
PROVIDING FOR REPEAL OF ORDINANCE NUMBERS 99-51,
2000-51, AND 2001-21; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN ARTICLE
VI, SECTION 54, THE CODE OF LAWS AND ORDINANCES;
AND PROVIDING FOR AN EFFECTIVE DA 'fE.
WHEREAS, Chapter 125, Florida Statutes, establishes the right and power of counties to provide
for the health, welfare and safety of existing and future residents of the County by enacting and
enforcement zoning regulations necessary for the protection of the public; and
WHEREAS, the Board of County Commissioners has determined that land which is allowed to
become overgrown with weeds, grass, exotics or similar growth on land on which abandoned properties
or trash is allowed to accumulate is detrimental to the health, safety and welfare of the citizens of Collier
County as harborage for vermin, rodents and other disease vectors; and
WHEREAS, the Board of County Commissioners has determined that unimproved property,
which is in close proximity to urban areas, is distinguishable from improved property, because it
generally lacks management of vegetative growth; and
WHEREAS, the Board of County Commissioners has determined that certain exotic species,
both fauna and flora, grow rapidly and uncontrollably and may drastically change the ecological character
of the unimproved property, which is in close proximity to urban areas, if unsupervised or unmanaged;
and
WHEREAS, Board of County Commissioners has detennined that an annual public notice will
enhance public awareness of the requirements imposed by these regulations, and a mandatory County lot
mowing procedure for repeat violations be established that will include a retainer account to ensure
payment of contracted services and lessen the burden of the County taxpayers; and
WHEREAS, the Board of County Commissioners has determined that pursuant to existing case
law, easements, alleys, canals and rights-of-way dedicated to the County on plats create easement
interests in favor of the County, unless the plat expressly states another interest is conveyed; and
Page 1 of 16
Agenda Item No. 17 A
September 13. 2005
Page 5 of 19
WHEREAS, the Board of County Connnissioners has also detennined that pursuant to existing
case law, the holder of the fee simple property is responsible for the maintenance of the dedicated
easement area unless:
1. The County has expressly assumed this maintenance obligation;
2. The County bas voluntarily assumed the obligation by performing maintenance pursuant
to the standard set forth by case law; or
3. Other methods established by case law; and
WHEREAS, the Board of County Commissioners has determined that the provision for
containment areas on large residential lots would provide an economic benefit to the community at large
and if managed inappropriately would create a negative impact on the environment; and
WHEREAS, the Board of County Commissioners has determined that construction site waste
when inadequately contained would create a negative impact on surrounding property.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: Purpose and Intent
The code is hereby considered to be remedial and shall be construed and interpreted to secure the
public safety, health and general welfare through clean and sanitary property, free from wind-blown
debris and materials.
1. The accumulation of Litter and Abandoned Property on public and private property
constitutes a hazard and is detrimental to the health, safety and welfare of the citizens of Collier County.
2. The accumulation of weeds, grass, or Exotics or similar growth on, or in close proximity
to, residentially, connnercially, or industrially-zoned land is detrimental to the health, safety, and welfare
of the citizens of Collier County.
SECTION TWO: Title
This Ordinance shall be known and may be cited as the "Collier County Litter, Weed and Exotics
Control Ordinance".
SECTION THREE: Applicability
This Ordinance shall apply to, and be enforced in, all unincorporated areas of Collier County.
SECTION FOUR: Definitions
When used in this Code, the following words. phrases, or terms shall have the following
meanings, unless the content clearly indicates otherwise:
1. ABANDONED PROPERTY - any wrecked, inoperative, derelict, or partially dismantled
property having little, if any, value other than nominal salvage value, which has been left unattended and
unprotected from the elements, which shall include, but not be limited to, motor vehicles, trailers, boats,
machinery, appliances such as refrigerators and washing machines, plumbing fixtures, furniture, and any
other similar articles.
2. ABATE - to mow a Mowable Lot to a height of less than six (6) inches, or to remove
Exotic Plants to a height of equal to surrounding natural elevation and poison any stumps, if remaining,
with an EP A approved herbicide containing a visual tracer dye; or to remove Litter; or to remove
Abandoned Property, in accordance with this Ordinance. Mulching of Exotic Plants is allowed as long as
the mulching occurs in an Enclosed Container, and is removed from the site.
3. CONSTRUCTION & DEMOLITION DEBRIS - means discarded materials generally
considered to be not water soluble and non-hazardous in nature, including but not limited to steel, glass,
brick, concrete, asphalt material, pipe, gypsum wallboard, and lumber, from the construction or
destruction of a structure as part of a construction or demolition project or from the renovation of a
structure, including such debris from construction of structures at a site remote from the construction or
Page 2 of16
Agenda Item No. 17 A
September 13. 2005
Page 6 of 19
demolition project site. The tenn includes rocks, soils, tree remains, trees, and other vegetative matter
which oonnally results from land clearing or land development operations for a construction project;
clean cardboard, paper, plastic, wood, and metal scraps from a construction project; effective January 1,
1997, except as provided in Section 403.707(12)(j). F.S., unpainted, non-treated wood scraps from
facilities manufacturing materials used for construction of structures or their components and unpainted,
non-treated wood pallets provided the wood scraps and pallets are separated from other solid waste where
generated and the generator of such wood scraps or pallets implements reasonable practices of the
generating industry to minimize the commingling of wood scraps or pallets with other solid waste; and de
minimis amounts of other non-hazardous wastes that are generated at construction or demolition projects,
. provided such amounts are consistent with best management practices of the construction and demolition
industries. Mixing of construction and demolition debris with other types of solid waste will cause it to be
classified as other than construction and demolition debris.
4. EXOTICS or EXOTIC PLANTS - Australian pine (Casuarina. all species), Melaleuca
(all species), Brazilian pepper (Schinus terebinthifolius), downy rose myrtle (Rhodomvrtus tomentosus)
earleaf acacia (Acacia auriculifonnis), Java plum (Svzvlrium cumini), Woman's tongue (Albizia lebbeck),
catclaw mimose (Mimosa Digra), and any prohibited exotic species that may be added to County
Ordinance No. 0441, as amended, (Section 3.05.08, Collier County Land Development Code).
5. ENCLOSED CONTAINER - any container having a physical structure which prevents
materials from falling out, spilling, blowing out by wind action, or coming out by other accidental means
during transport or on-site storage, and shall include, but not be limited to, garbage cans, truck bodies
capable of being enclosed for transit purposes only, roll-off containers, and any other container sufficient
to prevent the accidental scattering or leaking of said materials on surrounding properties and on public
roads. A dumpster enclosure is not an enclosed container.
6. IMPROVED PROPERTY - real property that contains buildings, streets (or paved areas)
or other structural improvements.
7. INERT WASTE MATERIALS - brick, block, concrete, rock, stone, earth and sand, free
from contamination or other types of waste, free from protruding rebar and/or other metals, and capable
of serving as fill material without harm to, or pollution of, ground or surface waters
8. Ll1TER - any discarded, used, or unconsumed substances or wastes. Litter shall
include, but shall not be limited to, garbage, trash, refuse, debris, paper product (including newspapers
and magazines), glass, metal, plastic or other containers, cloth, wood and wood products, sweepings,
liquids (other than uncontaminated water), sludge, grass clippings, tree limbs, trunks and roots,
undergrowth and materials produced by clearing and grubbing and other horticulture wastes, motor
vehicle parts and tires, furniture, oil or grease, hazardous wastes (including gasoline, paint thinners and
other similar types), the carcass of a dead animal, any obnoxious or offensive matter of any kind, any
object likely to injure any person or create a traffic or pedestrian hazard, or any other condition of any
unsightly nature, which may have been discarded, abandoned or otherwise disposed of improperly.
9. MOWABLE LOT-
a. Any portion, piece, division, or parcel of land in any Recorded or Unrecorded
Subdivision of this County, of which fifty percent (50010) or more of unimproved
property, can be mowed with bushhog-type or smaller mowing equipment, without
damage to the lot or equipment. For purposes of detennining lot size, rights-of-way,
alleys, and all easements shall be included in the calculation of the Mowable Lot; or
b. Any portion of Improved Property, which can be mowed with bushhog-type, or
smaller, mowing equipment without damage to the lot or equipment.
10. PROHIBITED ACCUMCJI.ATION OF EXOTICS- any accumulation of Exotics, which
is located on improved or unimproved property.
Page 3 of16
Agenda Item No. 17 A
September 13. 2005
Page 7 of 19
II. RECORDED SUBDWISION - Land subdivided into three (3) or more lots, parcels,
sites, units, or any other division of land for which a plat has been filed with Clerk of Courts of Collier
County.
12. RECEPTACLE - A container made of material that will protect the property and
environment from leakage, spillage and overflow of any type of litter, waste, or debris. A dumpster
enclosure is not a receptacle.
13. STORAGE OF U1TER - the interim containment of Litter in a manner approved by the
Board of County Commissioners, after generation of such Litter and prior to proper and final disposal.
14. UNAUTHORIZED ACCUMULATION OF LITTER - the accumulation of Litter in or
upon any public or private property or body of water, which is not contained within proper containers or
receptacle provided for control of Litter, or is not otherwise pennitted or authorized, by any other Collier
County Ordinance. This tenn shall not include building materials used in construction or repair of a
building or structure which materials are properly stored at the site of such activity, so long as:
a. the subject building is being constructed, remodeled, repaired, or demolished
under the authority of an active, valid Collier County building pennit and for which the
materials are to be used; and
b. the building materials are secured during construction, remodel, repair, or
building demolition, to prevent the material from falling out, spilling, blowing out by wind
action, or coming out by other accidental means so that it trespasses on adjacent properties,
or creates a negative visual impact to surrounding properties.
Unauthorized accumulation of Litter shall also include, but not be limited to, the accumulation or storage
of Litter or containerized Litter or Abandoned Property adjacent to public right-of-way if such materials
are placed upon a right-of-way earlier than six (6) p.m. of the night prior to the regularly scheduled
pickup for that location by the County solid waste collection contractor, or allowing said accumulation, or
container to remain adjacent to the public right-of-way after six (6) p.m. of the day of the scheduled
pickup.
15. UNLAWFUL ACCUMULATION OF WEEDS, GRASS OR SIMILAR NON-
PROTECTED OVERGROWTH - any accumulation of weeds, grass or similar non-protected
overgrowth if any part of such accumulation is in excess of eighteen (18) inches in height and located on
a Mowable Lot, in any Recorded or Unrecorded subdivision of Collier County.
16. UNRECORDED SUBDWISION - any land which for the purpose of sale or transfer has
been subdivided for the purpose of sale or transfer, prior to the enactment of Ordinance 76-6, as amended,
or any other division of land for which a plat has not been filed with the Clerk of Courts of Collier
County.
17. WRI1TEN CORRECTIVE NOTICE- a written statement issued to the violator or
his/her agent identii)'ing and which states the violation, date of the violation, location of the violation, the
corrective measures required to be taken, and the date by which the corrective measures are to be
completed.
SECTION FIVE: Litter Declared to be A Public Nuisance
The Unauthorized Accumulation of Litter or improper Storage of Litter or improper dumping of
Abandoned Property or Litter as described in Sections Six, Seven, Eight, Nine, or Ten, in or upon public
or private property, is hereby declared to be a public nuisance.
SECTION SIX: Unlawful to Utter
It shall be unlawful for any person to throw, discard, place, drop, or deposit Litter in any manner
or amount in or upon any public property, private property, highway, street, right-of-way or body of water
within the unincorporated areas of Collier County, Florida, except in such ilreas and Enclosed Containers
Page 4 of16
Agenda Item No. 17 A
September 13. 2005
Page 8 of 19
specifically provided and appropriately designated for the disposal of Litter. In any case where Litter is
ejected or discarded from a motor vehicle, except at approved and permitted disposal sites, the operator of
the motor vehicle shall be deemed in violation of this Ordinance.
SECTION SEVEN: Unauthorized Accumulation ofLiUer
Any Unauthorized AcclUDulation of Litter in or upon any property, vacant or improved, or on or
upon any public street, alley or other public or private place is a violation of this Ordinance. Any
property owner, tenant, occupant, agent, manager, or other person who owns, maintains, or controls
private property, whether improved or unimproved, is hereby declared to be in violation of this Ordinance
where any such Unauthorized Accumulation of Litter is maintained or is allowed to remain on such
property.
SECTION EIGHT: Dumping or Depositing of Abandoned Property Prohibited.
It shall be unlawful for any person to engage in or permit the dumping, storing, placing, or
depositing of Abandoned Property on any public or private real property, street, or highway. However,
Abandoned Property kept in a completely enclosed building or a business enterprise, which is lawfully
licensed and zoned for receipt and storage of Abandoned Property, shall be an exception to this provision.
If Abandoned Property is kept or stored in connection with a lawfully licensed business enterprise, all
Abandoned Property shall be screened so that it is not visible from any public right(s)-of-way or from any
property used for residential purposes. It shall be unlawful to engage in or permit the dumping, storing,
placing, or depositing of Abandoned Property in any residential area, unless such Abandoned Property is
kept in a completely enclosed building.
SECTION NINE: Storage of Litter
I. All commercial establishments shall store Litter in containers so as to eliminate wind-
driven debris and Litter in or about their establishments. The number and size of containers necessary for
each commercial establishment shall be that number required to maintain clean, neat, and sanitary
premises. Spillage and overflow around containers regardless of whether located within an enclosure,
will constitute an Unlawful Accumulation of Litter and must be immediately cleaned up as it occurs.
2. All loading and unloading zones at conunercial establishments shall be provided with
Litter receptacles by the owner of the business to store Litter.
3. Each person owning or operating any establishment open to the public shall provide
receptacles adequate to contain Litter generated from such establishment
4. Any and every person in possession, or in charge or in control of any place, public or
private where Litter is accumulated or generated, at all times shall provide and maintain adequate and
suitable receptacles and/or containers capable of holding such materials, until proper final disposal is
accomplished.
5. All construction and demolition contractors, whether owners or agents, shall provide on-
site receptacles for Litter sufficient to prevent wind-driven scattering of such materials if the materials are
otherwise not properly disposed of on a daily basis. Receptacles placed or erected on construction sites
are limited to the deposit of construction and demolition debris. Food, drink and food wrappers must be
removed from the construction site daily. Spillage and overflow around containers or secured building
material shall constitute an Unlawful Accumulation of Litter and shall be immediately cleaned up as it
occurs.
a. Should a violation of Paragraph 5 of this section occur, the construction/demolition
contractor, whether owner or agent, will be required to secure a roll-off container with cover, for
containment of Construction Debris on the site with collection scheduled necessary to prevent
spillage and overflow around the containers.
Page 5 of 16
Agenda Item No. 17 A
September 13. 2005
Page 9 of 19
SECTION TEN: Waste Materials MauagemeDt
1. Inert Waste Materials may be buried on a site after a valid building permit for such site
has been obtained and posted and provided that such disposal is in conformance with federal, state, and
local laws and regulations. Inert Waste Materials, which have not been properly buried or disposed of,
will be deemed as Litter. On-site containment of downed trees and other vegetative growth shall be
permitted on residentially-zoned 1018 exceeding one (1) acre in size and in the Estates zoned areas and
only for vegetative growth which has been cut, cleared or removed on the same property of the pennitted
construction, providing all of the following conditions are met:
a. A valid building pennit for construction of a single family residence on the applicable lot
has been obtained and is posted before removal and containment of such growth; and
b. The site plan shall identify the location of the containment area; and
c. The containment area is subject to the following restrictions:
i. The downed trees and vegetative growth are placed into an excavated earthen
depression which does not exceed three (3) feet in depth from the surrounding
natural elevation and does not cover a horizontal surface area greater than ten
thousand (10,000) square feet; and
ii. All such excavated earthen depressions containing downed trees and vegetative
growth shall not be closer than fifteen (15) feet from the side and rear property lines or
within a public or private easement or right-of-way; and
iii. The nearest point of such excavated earthen depression for containment of on-
site downed trees and vegetative growth shall not be closer than seventy-five (75) feet to
any structure, one hundred (100) feet from private and/or potable wells, and no closer
than one hundred (100) feet to any public or private right-of-way; and
iv. All downed trees and vegetative growth contained in such excavated earthen
depression shall be so contained to prevent the protrusion of any such growth more than
twenty four (24) inches above the surrounding natural elevation including earthen cover;
and
v. All cleared vegetation four (4) inches and less in diameter shall either be
chipped/shredded, or removed from the site. No chipped or shredded material shall be
placed in the containment area. Stumps, root balls, tree trunks and other cleared
vegetation four (4) inches and larger in diameter may be placed in containment areas; and
d No excavated material shall be removed from the site.
e. Failure to either remove downed trees or downed vegetative growth from residentially-
zoned 1018 exceeding one (1) acre in size, or Estates zoned properties, or to properly contain such
material as required by this Ordinance, shall result in such downed trees and/or downed
vegetative growth being classified as Litter and thereby subject to property owner, agent, and/or
other responsible parties to any and all penalties provided under this ordinance: and
f. Clearing within wetlands will require a Department of Environmental Protection Permit.
SECTION ELEVEN: Declaration or Public Nuisauce
1. The accumulation of weeds, grass, or other similar non-protected overgrowth in excess of
eighteen (18) inches in height is hereby prohibited and declared to be a public nuisance when located
upon any Mowable Lot, and which lot has been specifically described by legal description and which
condition has been determined by the County Manager or his designee to be a public nuisance pursuant to
this Ordinance. Such Mowable Lot is, or may reasonably be expected to become, infested or inhabited by
non-protected rodents, vermin or wild animals, or may furnish a breeding place for mosquitoes, or
threaten or endanger the public health, safety or welfare, or may reasonably be expected to cause disease,
Page 6 of16
Agenda Item No. 17A
September 13. 2005
Page 10 of 19
or adversely affect and impair the aesthetic integrity or economic welfare of adjacent or surrounding
property.
2. The accumulation of Exotics, weeds, grass, or other similar non-protected overgrowth is
hereby prohibited and declared to be a public nuisance when located upon any unimproved property in
this County, which condition is adjacent to a private or public right-of-way and is not within a Recorded
or unrecorded Subdivision. However, the requirements for abatement of the public nuisance as described
in Section Thirteen shall only apply to that portion of the property to a depth of twenty (20) feet from the
property line or lines running adjacent and parallel to a private or public right(s)-of-way.
3. The accumulation of Exotics is hereby prohibited and declared to be a public nuisance
when located upon any unimproved property in Collier County when the Exotics are located within a two
hundred (200) foot radius of any improved property located in a Recorded or unrecorded subdivision.
However, the requirements for abatement of the public nuisance as described in Section Thirteen shall
only apply to that portion of the unimproved property where the Exotics exist within a two hundred (200)
foot radius of any abutting, improved property. Furthennore, the requirements for abatement of the
public nuisance as descnbed in Section Thirteen shall only apply when the County received a complaint.
4. The accumulation of Exotics, weeds, grass, or other similar non-protected overgrowth in
excess of eighteen (18) inches in height, is hereby prohibited and declared to be a public nuisance when
such condition is located on any unimproved property in Collier County which is within five hundred
(500) feet ofImproved Property when such accumulation has aided any person to conceal or facilitate the
commission of criminal acts against passers-by and the citizens of Collier County and is likely to continue
to aid in the concealment or commission of future criminal acts if such accumulation is not abated. A
report from the Collier County Sheriff's office identifying such unimproved property, which was
allegedly utilized by any person to conceal or facilitate the commission of criminal acts against passers-by
or the citizens of Collier County shall constitute sufficient evidence. However, the requirements for
abatement of the public nuisance as described in Section Thirteen shall only apply to that portion of the
unimproved property where the accumulation exists within a five hundred (500) foot radius of Improved
Property.
5. Exotic plants located in right(s)-of-way, alley(s), canal(s), and easements(s) on improved
property within Recorded or Unrecorded Subdivisions are prohibited and declared to be a public
nuisance.
6. The accumulation of weeds, grass or similar non-protected overgrowth in excess of
eighteen (18) inches in height is hereby prohibited and declared to be a public nuisance when located
upon any unimproved property in the unincorporated Collier County, which is not within a Recorded or
unrecorded Subdivision, when the weeds, grass or similar growth are located within one hundred (100)
feet of the property line or lines of Recorded or unrecorded Subdivision(s).
SECTION TWELVE: Exemptions
I. The area zoned Estates shall be exempt from the weed and Exotic plant public nuisance
declarations provided in Section Eleven.
2. Accumulations of protected vegetation such as coastal strands, scrub, tropical hammocks,
dune vegetation and property officially declared "protected" by any federal, state or local ordinance (such
as wetlands), are hereby exempted from being considered public nuisance declarations pursuant to
Section Eleven.
3. The lands zoned Agricultural that are located outside of the Urban Boundary as described
in the Collier County Future Land Use Map shall be exempt from the weed and Exotic plant public
nuisance declarations provided in Section Eleven.
Page 7 of16
Agenda Item No. 17A
September 13. 2005
Page 11 of 19
4. All lands zoned agricultural that are not being used for an essential service as defined in
the Collier County Land Development Code and/or a bona fide agricultural use shall be exempt from the
weed and Exotic plant public nuisance declarations provided in Section Eleven.
SECTION THIRTEEN: Notice of Violation
1. Annual Published Notice. Annually, the County Manager, or his designee(s) will
publish, or cause to be published, a public Notice, in substantially the following fonn, which details the
abatement procedures for violations described in section Eleven of this Ordinance. This Notice will be
published in a newspaper of general circulation for a minimum of four Sundays beginning with the first
Sunday in January of each year, and on every other Sunday thereafter:
A PUBLIC NOTICE FROM
THE CODE ENFORCEMENT DEPARTMENT OF
COLLIER COUNTY, FLORIDA
NOTICE ABOUT WEEDS OR GRASSES OVER 18 INCHES IN HEIGHT -ORDINANCE 2005-_
Section Eleven, requires that all owners of developed and undeveloped lots shall control all excessive
growth of grasses or weeds over 18 inches by mowing. All lots with such vegetation over 18 inches in
height will be identified by a Code Enforcement Investigator and a Notice of Violation and Order to
Correct may, at the County's option, be mailed to the property owner(s) or posted on the lot If posted, a
copy of this notice will also be posted at the Collier County Courthouse at 3301 Tamiami Trail E., Naples
FL 34112 or the Immokalee Courthouse at 1 06 1'~ Street S, Immokalee FL, 34142, as applicable.
A posted notice may, at the option of the County, be used in lieu of mailing individua1letters to property
owners. After ten (10) days from the date of posing or mailing, if no action is taken, the County will
abate the violation by contracting for the lot to be mowed by a mowing contractor. A bill will then be
sent to the lot's owner of record for the mowing fees plus an administrative fee of $100.00. Additional
charges can be assessed for oversized lots or extremely overgrown lots. Repeat violators may be subject
to additional fees or charges, or after three violations may be included in a mandatory lot mowing
program instituted by the County.
The owner must remit payment for the amounts billed within twenty (20) days from the mailing of the
County's invoice. If the invoiced bill is not paid within this twenty-day period a Detennination Order
assessing a lien will be imposed by the Special Master. if certified and recorded, this order may
constitute a lien on ALL of the violator's real and personal property in Collier County. This lien may be
paid without further costs, within twenty (20) days from the date of detennination by the Special Master
for Collier County. If the lien remains unpaid after one (1) year from the date of the recording of the lien,
Collier County may bring suit to foreclose the lien as set for in Chapter 173, Florida Statutes.
All property owners are requested to make arrangements for the proper maintenance of their land as the
practice of sending mailed Notices of Violation to owners, in particular absentee owners, will be at the
option of the County. The cooperation of all affected property owners will assist in reducing the large
number of complaints about such nuisances received each year by the Code Enforcement Department.
Compliance with this requirement will also help to control vermin and improve the appearance of the
affected areas of the unincorporated County.
Any questions regarding these procedures can be addressed to the Code Enforcement Department. Phone
number (239) 403-2440; located at 2800 North Horseshoe Drive, Naples, FL 34104.
Page 8 of16
Agenda Item No, 17A
September 13. 2005
Page 12 of 19
a. Annual publication of this Notice is intended to provide continuing constructive notice to
all affected property owners in Collier County of the procedures for abatement of the specified
violations, and of the consequences of failing to timely abate cited violations.
b. Failure of the County to timely, or fully, publish the Annual Notice will not be a grounds
for challenging any enforcement action brought under this article.
2. Whenever the County Manager or his designee determines that a public nuisance as
described in Sections Five, Eight, Ten and Eleven of this Ordinance, he will cause one or more of the
following fonns of notice of violation to be provided to the record owner or owners of said property
informing the owner(s) of said property of the existence of the nuisance and the corresponding
violations(s). The form and manner of the notice provided will be determined by the Director of Code
Enforcement and will depend on the number of violations cited to a particular property owner(s), the
number of frequency of any prior violations at property owned by the violator(s), the timeliness of any
prior abatement(s) of similar violation(s), the existence of other code violations, and of any previously
satisfied, foreclosed, or outstanding code enforcement liens. As a general rule, certified mail, return
receipt requested, should be provided to all first time violators as set forth in the corresponding
procedures below. Posted notices are generally considered appropriate for repeat violations at the same
location or for the same violator(s) especially when there is a pattern of certified mail sent to property
owners who are not Collier County residents being returned unclaimed or being refused.
a. A Notice of Violation may be served on a violator, Le., the record owner( s) of the cited
property, either by:
L Certified mail, return receipt requested, notifying the record owner(s) of the cited
violations via a Notice in substantially the following form:
Code Enforcement Department
Notice of Violation and Order to Correct
To:
Date:
Ordinance:
Violation/Case No.:
Property:
Folio #:
Dear Property Owner:
According to the official records of this County, you are the owner of the above-described
property. As such. you are hereby notified that the Code Enforcement Director, on -----1dateL-
determined that a public nuisance exists on your property pursuant to County Ordinance No. 2005--,
caused by: ~describe violationJ_.
You are further notified that you shall abate this nuisance within ten (10) days of the date of this
notice by ~describe how to abateL. Failing this action on your part, the Board of County
Commissioners will cause the nuisance to be abated. YOUR FAILURE TO ABATE THE NUISANCE
MAY RESULT IN THE RECORDING OF A LIEN AGAINST YOUR PROPERTY. The lien shall
include the direct cost plus an administrative fee of up to $200.00 and will be levied as an assessment
against all of the property you own.
Page 9 of 16
Agenda Item No. 17 A
September 13. 2005
Page 13 of 19
IN THE EVENT YOU RECEIVE THREE NOTICES OF VIOLATION DURING YOUR
OWNERSlDP OF THE REFERENCED PROPERTY, EVEN THOUGH YOU ABATE EACH
VIOLATION, YOU MAY BE CHARGED A PENALTY OF FIFTY DOLLARS AND AN
ADMINISTRATIVE FEE.
You may contest this detennination of the existence of a public nuisance by applying in writing,
for a hearing before the Special Master within fifteen (15) days from the date of this notice of violation.
Or:
ii. by posting a Notice in a substantially the following form in a clearly visible
location on the cited property, and at the Collier County Courthouse. or Immokalee
Courthouse. The posted Notices must be in substantially the following form:
POSTED
CoIlier County Code Enforcement Department
Notice of Violation of Section of Ordinance 2005-_, and Order to Correct
To: [Owner(s) of Record]
Date Posted;
Violation/Case No.
Property [Insert address where violation occurred]
Folio #:
As the official record owner(s) of the above-described property, you are hereby
notified that a public nuisance exists on this property as of [insert date] in the form of:
_[describe violation]_ on the subject property.
You are further notified that you must immediately abate this nuisance within ten
(10) days of the date of posting of this Notice by causing the above-described property to
be: _[ mowed/exotics removed, or otherwise describe how to abate]_. If the violation
is not abated within the time required, the County may act to cause the nuisance to be
abated. FAILURE TO ABATE TIDS NUISANCE MAY RESULT IN THE
RECORDING OF A LIEN AGAINST THE LAND ON WHICH THE VIOLATION
EXISTS AND UPON ANY OTHER REAL OR PERSONAL PROPERTY YOU
OWN IN COLLIER COUNTY. Such liens may include the County's costs to abate the
violation plus an administrative fee of up to S200.00, all of which may be levied as an
assessment against your property(s).
You may contest this Notice of violation and determination of the existence of a
public nuisance by applying in writing, for a hearing before the Special Master within
fifteen (15) days from the date of posting this notice of violation.
b. If the same violator(s) receives three or more Notices of violation of this Ordinance during
their ownership of any property in CoIlier County, even though the violations may have been
timely abated, a penalty of Fifty (S50.00) dollars will be charged for each notice received
thereafter. An administrative fee of One Hundred (SIOO.OO) dollars will also be assessed for each
invoice processed for the payment of said penalty. In addition, all cited property(s), may at the
discretion of the County Manager or his designee, become subject to the County's mandatory lot
mowing program provisions in Section Nineteen.
Page 10 ofl6
Agenda Item No. 17 A
September 13, 2005
Page 14 of 19
c. If the property owner or his agent has not abated the identified nuisance as described in said
notice within ten (10) days from the date of the notice of violation, the County will Abate the
condition and shall, through its employees, servants, agents, or contractors, be authorized to enter
upon the property and take such steps as are reasonably required to Abate the nuisance.
However, the County Manager, in his discretion may extend the time allowed for taking
corrective action up to 180 days for natural disasters as determined by the State or Federal
government.
SECTION FOURTEEN: Assessment for Abating Nuisance
1. After abatement by the County or its agent, the cost thereof to the County as to each
parcel shall be calculated and reported to the Collier County Manager or hislher designee. An invoice
shall be mailed to the property owner(s) for the cost of abatement. The invoice shall also include an
administrative fee of Onl)-hundred ($100.00) dollars per parcel of property.
2. In tbe event the property owner abates the violation, but bas received a total of
three notices of violation for separate violations during the property owners ownership of the
referenced property, tbe County sball mail an invoice to tbe property owner including a penalty of
Fifty ($50.00) per parcel, plus an administrative fee of One Hundred ($100.00) dollan for tbe
repeat violation invoice. Eacb notice of violation thereafter to the same property owner, shaD be
processed in the same manner.
3. If tbe invoice sent by tbe County Manager or bis/ber designee is not paid at the
expiration of the twenty (20) days of the date of the invoice, the Special Master and may impose a
lien against the property. Tbe Special Master, by determination order, shaD assess such cost
against such parcel. Said determination order shall:
a. describe the land and show the cost of abatement, and shall include the initial
administrative fee of One-hundred ($100.00) dollars per parcel as mentioned in
paragraph 1 of this section, plus an additional administrative fee of One-
hundred ($100.00) for lien processing, or
b. describe the land and shall include the penalty and initial administrative fee ef
per parcel as mentioned in paragraph 2 of this section.
Such determination order shall constitute a lien, which sball run with the property until paid. The
determination order sball also specify that interest shall accrue on the unpaid balance beginning on
the date tbe resolution is recorded at the rate of twelve (12) percent per annum.
4. A copy of the Resolntion approved by the Board of County Commissioners will be
accompanied by a legal notice of assessment of lien substantially in the following form:
BOARD OF COUNTY COMMISSIONERS
THROUGH ITS CODE ENFORCEMENT DEPARTMENT
COLLIER COUNTY, FLORIDA
LEGAL NOTICE OF ASSESSMENT OF LIEN
<Insert Property Owner's Name and Address>
DATE:
REF. INV.#
FOLlO#
LIEN NUMBER:
LEGAL DESCRIPTION:
Page 11 of 16
Agenda Item No. 17A
September 13. 2005
Page 15of19
You, as the owner of the property above-deseribed, as recorded in the records maintained
by the offke of the Property Appraiser, are hereby advised that the Code EDforcemeDt Director,
did OD _(date]-, 20---, order the abatement of a certain nuisance existlDg on the above
property prohibited by OrdiDance 2004- ---' and served a notice of violation UPOD you. Tbe
nuisance is:
~desenbe the nuisanceL
You falled to abate such Duisance, whereupon, it was abated by the expenditure of public
funds at a direct cost of $_.---, and an administrative cost of Two-hundred ($200.00) donars for a
total of $_._. (or, You abated the nuisance but failed to pay the $_._ penalty
imposed and caused the County to incur aD administrative cost of Two Hundred ($200.00) dollars.
Such cost, by determinatioD order of a Special Master for Collier County, Florida, will become a
lieD on your property within tweDty (20) days of determinatioD by the Special Master when
recorded You may request a hearing before the Special Master to show cause, if any, why the expenses
and charges incurred by the County under County Ordirumce No. 2005- --' are excessive or
unwarranted or why such expenses should not constitute a lien against the property. Said request for
hearing shall be made to the Secretary to the Special Master, Collier County Government Center, 2800
North Horseshoe Drive, Naples, Florida 34104 in writiDg within ten (10) days from the date of this notice.
FAILURE TO PAY THE AMOUNT SPECIFIED IN THIS NOTICE WILL RESULT IN A LIEN
AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY.
5. After the expiration of one year from the date of the Lien, as provided herein, a suit may
be filed to foreclose said lien. Such foreclosure proceedings shall be instituted, conducted and enforced in
conformity with the procedures for the foreclosure of municipal special assessment liens, as set forth in
Chapter 173, Florida Statutes, which provisions are hereby incorporated herein in their entirety to the
same extent as if such provisions were set for the herein verbatim.
6. The liens for delinquent assessments imposed hereunder shall remain liens, coequal with
the lien for all state, county, district and municipal taxes, superior in dignity to all other filed liens and
claims, until paid as provided herein.
7. After recording of the Lien, the County Manager or his designee may accept partial
payment and recommend satisfaction of the Lien to the Board if helshe detennines an error has been
made based upon hislher judgment.
SECTION FIFfEEN: Assessment Right to HeariDgs on Declaration of Public NuisaDce aDd
AssessmeDt
1. Any property owner receiving the notice of violation pursuant to Section Thirteen may
contest this detennination by filing an application for a hearing before the Special Master within fifteen
(15) days from the date affixed on the notice of violation, depeDdeDt upon the Dotice and type of
proceeding.
2. Every owner of real property within unincorporated Collier County is required to
maintain such property in a manner so as not to violate the provisioDs of this ordinance, and such owner
remains liable for violations thereof regardless of any CODtract or agreement with any third party
regarding such property.
3. If, after said hearing, the Special Master determines that the assessment is fair,
reasonable, and warranted, the assessment determination order shall be recorded forthwith. If the Special
Master determines that the charges axe excessive or unwarranted, it shall direct the County Manager to re-
compute the charges and the Special Master shall hold a further hearing after notice to the owner upon the
r&-COmputed charges.
Page 12 of16
Aaenda Item No. 17A
September 13. 2005
Page 16 of 19
SECTION SIXTEEN:
Enforcement Procednres
Investigators of Collier County are hereby empowered to issue Written Corrective Notices and/or
notices to appear in County court, or before the Special Master, to any person violating the provisions of
this Ordinance. All such notices issued, shall be maintained by the issuing authority for public
inspections, during normal office hours.
Written Corrective Notices issued by Investigators of this ordinance shall state the date observed,
nature of the offense committed, corrective measures to be taken and the date on or before which such
corrections shall be made.
Any person who has been served with such notice in accordance with the provisions of this
Ordinance, and who neglects or refuses or fails to fully comply with the corrective notices so ordered
and/or to comply within the time frame so ordered therein, shall be in violation of this Ordinance.
SECTION SEVENTEEN:
Immediate Corrective Action
In the event the County Manager, or his designee, determines or has reason to believe that a
violation including, but not limited to, accumulation of weeds or litter presents a serious threat to the
public health, safety or welfare of the public or that the violation is of such a nature as to require
immediate correction, lhe violator may be required by notice to effectuate immediate corrective measures
upon receipt of the notice. The notice, substantially in the fann set forth in Section Thirteen, shall advise
the owner that the County will remedy the hazardous condition as soon as possible. To be effective, the
notice shall be served upon the occupant if the property is occupied or physically posted on the property
and sent by certified mail to the owner as hislher name appears on the records of the property appraiser.
SECTION EIGHTEEN: Procednres for and Effect of Mailed Notices
Notices shall be mailed to the violator's address indicated on the records of the Collier county
Property Appraiser of such lot or parcel of land for ad valorem taxation purposes, whether mailed by
regular U.S. Postal Service upon the person, for the purpose of this article. A property owner is deemed
to have received a mailed notice on the tenth (lOth) day after the notice is placed in the United States mail.
Evidence that the proper notice has been mailed is sufficient to demonstrate that the notice requirements
of this article have been met, without regard to whether the property owner actually received such notice.
Refusal to accept service of such notices by a property owner or its agent will not defeat this personal
service, nor bar the County from proceeding with enforcement, creating lawful liens, and performing the
necessary abatement under this article. It is the property owner's responsibility to maintain a current
address with the Collier County Property Appraiser's office at all times.
SECTION NINETEEN: Procedures for Mandatory Lot Mowing Program
1. Inclusion in Mandatory Lot Mowing Program. If a public nuisance is determined to exist
three or more times after July 15, 200 1, on a particular lot or parcel of unimproved property while under
the same ownership, then at the discretion of the County Manager, or his designee, such property will be
placed in the Mandatory Lot Mowing Program. as set forth below.
2. Exemption from lot mowing program. Individual property owners of record whose real
property is included in the County's mandatory lot mowing program, may request an exemption from
inclusion in the program by submitting to the County Manager, or his designee, a signed written
agreement, acceptable to the County, covenanting that the property owner will maintain the property so
that the height of any grass, weeds, or otherwise regulated vegetative matter will not constitute a public
nuisance or exceed eighteen inches in height. In addition, the property owner must provide a letter of
credit, contract agreement, escrow agreement, or some other surety with a mowing company that is
acceptable to the County. The surety provided may vary, but must remain in effect throughout the
property owner's ownership of the property(s). The agreement must also include a provision of
PageI3ofI6
Agenda Item No. 17 A
September 13. 2005
Page 17 of 19
understanding by the owner that should he/she fail to keep the con1ract agreement and ensure no violation
to this code exists on the property(s), the agreement approved by the County will become null and void.
In that event the property owner would be provided written notice that the lot mowing program exemption
would be revoked by a date certain, the property would be placed in the Mandatory Lot Mowing Program,
and not be entitled to any further exemptions so long as owned by the same property owner(s).
3. Mandatory Lot Mowing Invoice Billing. The County Manager, or his designee, will mail
an invoice to the owner(s) of property(s) included in the Mandatory Lot Mowing Program. Invoice
billing amounts will include actual costs incurred for mowing, plus an administrative fee. The invoice
will be mailed to the address listed with the Collier County Property Appraiser's Office as the tax roll
address of record. Notice to owner(s) of account balance requirements are accomplished in this Section,
and receipt of the invoice will not defeat this personal service, nor bar the County from proceeding with
enforcement, creating lawfu1liens, and performing the necessary abatement under this ordinance.
4. Failure to comply with payment of a Mandatory Lot Mowing invoice, as set forth in
Subsection (3) above, will constitute a violation to this Ordinance. If, after 30 days of mailing, the
invoice has not been paid, the County Manager, or his designee, will proceed with enforcement
procedures to file a lien. The Legal Notice of Assessment of Lien will be submitted to the Special Master
who shall impose a lien against the property. The Special Master shall assess all applicable costs and fees
against such parcel and all other properties owned by the violator in Collier County. Said action shall: A)
describe the land that has been included in the Mandatory Lot Mowing Program and show the cost of
abatement, which shall include the initial administrative expense of one-hundred ($100) dollars plus one-
hundred ($100) dollars per parcel for lien processing. Such action, when recorded, shall constitute a lien
on all personal and real property located in Collier County, which runs with the owner's real property
W1til paid. The action will also specifY that interest will accrue on the unpaid balance beginning on the
date the resolution is recorded at the statutory interest rate per annum.
5 Legal Notice of Assessment of Lien. The Legal Notice of Assessment of Lien will
substantially be in the following form:
BOARD OF COUNTY COMMISSIONERS
THROUGH IT'S CODE ENFORCEMENT DEPARTMENT
COLLffiR COUNTY, FLORIDA
TO: ~InsertProperty Owner's Name and Address]_
DATE:
REFERENCE INVOICE#:
VIOLATION FOLIO #:
VIOLATION LEGAL DESECRIPTION:
You, as the owner of the property above-described, as recorded in the records maintained by the
office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did detennine a
public nuisance existed and constituted a violation of county regulation on ---' 200-, and ordered the
abatement of certain nuisance existing on the above property prohibited by Ordinance No. 2005--, and
served a notice of violation upon you. The nuisance is:
J:describe the nuisanceL
You have failed to timely abate such nuisance: whereupon, it was abated by the expenditure of
public funds at a direct cost of $_.00 and an administrative cost oU _.00 for a total of $_._.
Page 14 of16
Agenda Item No. 17A
September 13. 2005
Page 18 of 19
Such costs, by order of the Special Master, will become a lien on your property when recorded.
FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE WILL RESULT IN
A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY.
Upon determination order by the Special Master Secretary to the Special Master will immediately mail a
copy of each approved order and Notice Assessment of Lien via regular U.S. mail. If full payment for the
assessed amount, is not made by the property owner within twenty (20) days from the date of signature of
the determination order by the Special Master, then the Secretary to the Special Master will automatically
and without further direction record both the Order and Notice of Assessment of Lien in the public
records of Collier County. Recording said determination order will act to impose a lien on the violator's
property.
6. Limitation on time to contest levy of lien. Any person aggrieved by the action of the
board must commence an action in circuit court within thirty (30) days from the date the order is
rendered. Unless such action is begun within this thirty (30) day period, all objections of that person to
the imposition of the lien will be deemed to have been waived.
7. Prepayment and recording of lien. For a period of twenty (20) days after the date of the
order of the Special Master levying the delinquent lot-mowing lien, the lien may be paid without
additional interest. Properties, for which payments are received or postmarked within twenty (20) days
from the date the order is signed, will stay the recording of the lien. If, after expiration of the prepayment
period payment expires and said payment is not received. A certified copy of the order will be recorded in
the office of the Clerk of the Circuit Court in Collier County.
8. Release of Lien. Owners who have paid the delinquent lien in full after the recording of
the lien are entitled to a release and satisfaction of lien from the County. The recording of the release and
satisfaction oflien and any charges therefore are the responsibility of the property owner.
9. Foreclosure. Liens associated with this Section may be foreclosed in the same manner as
liens for property taxes or special assessments. In the event the County prevails, owners ofproperty(s)
against whom a foreclosure action is commenced will be liable for all fees, costs and expenses incurred
by the County or its agents, including reasonable attorney's fees, and the same may be assessed as a cost
in the foreclosure action.
10. Validity of liens not affected by irregularities. Any informality or irregularity in the
proceedings to impose a lien for delinquent lot mowing fees will not affect the validity of the same after
the order levying the lien has been as adopted, and no deviation from the procedures prescribed above
will affect the validity of the lien unless it can be clearly shown that the party objecting was materially
injured thereby.
11. Alternate methods of collection permitted. Nothing herein prohibits the County from
utilizing other means to collect delinquent lot mowing fees including, but not limited to, an action for
damages filed in the appropriate court in Collier County, Florida.
SECTION TWENTY: Penalties
If any person fails or refuses to obey or comply with or violates any of the provisions of this
ordinance, such person upon an order by the Code Enforcement Board or Special Master may be fined as
authorized by the Ordinances establishing the Enforcement Board and Special Master. Each violation or
non-compliance shall be considered a separate and distinct offense. Further, each day of continued
violation or non-compliance shall be guilty of a separate offense.
Nothing herein contained shall prevent or restrict the County from taking such other lawful action
in any court of competent jurisdiction as is necessary to prevent or remedy any violation or non-
compliance. Any person convicted of such offense, shall be guilty of a misdemeanor and shall be
Page 15 of 16
Agenda Item No. 17 A
September 13. 2005
Page 19 of 19
punished by a fine not to exceed Five Hundred ($50()'oO) dollars or by imprisonment not to exceed sixty
(60) days in the County jail, or both, in the discretion of the Court.
Further, nothing is this Section shall be construed to prohibit the County from prosecuting any
violation of this Ordinance by means of a Code Enforcement Board, or Special Master, established
pursuant to the authority of Chapter 162, Florida Statutes.
All remedies and penalties provided for in this Section shall be cumulative and independently
available to the County and the County shall be authorized to pursue any and all remedies set forth in this
Section to the full extent allowed by law.
SECTION TWENTY -ONE: Repeal of Ordinances
Ordinance Numbers 99-51, 2000-51, and 200 1-21 are hereby expressly repealed by the enactment
of this Ordinance.
SECTION TWENTY-TWO: Conflict and Severability
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any court of competent jurisdiction holds any phrase or
portion of this Ordinance invalid or unconstitutiona~ such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the validity of the rernaindering portion.
SECTION TWENTY-THREE: 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-lettered to
accomplish such, and the word "ordinance" may be changed to "section", "article", or any other
appropriate word with the Department of State.
SECTION TWENTY-FOUR: Effective Date
This ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida, this _ day of , 2005.
ATTEST:
DWIGHT BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
Maureen Kenyon, Deputy Clerk
BY:
FRED W. COYLE, CHAIRMAN
Approved as to form and legal
Sufficiency:
Jennifer A. Belpedio
Assistant County Attorney
Page 16 of 16
Agenda Item No. 178
September 13, 2005
Page 1 of 18
EXECUTIVE SUMMARY
To obtain Board of County Commissioners approval to repeal and replace the Ordinance
establishing the Code Enforcement Board and the Ordinance establishing the Nuisance
Abatement Board.
OBJECTIVE: To repeal and replace the Ordinance establishing the Code Enforcement Board
and the Ordinance establishing the Nuisance Abatement Board.
CONSIDERATION: In accordance with Florida Statutes Chapter 162, the Board of County
Commissioners exercised its authority to create an administrative board, with the authority to
impose administrative fines and other non-criminal penalties, in order to provide an equitable,
expeditious, effective and inexpensive method of enforcing the codes and ordinances of Collier
County, where a pending or repeated violation continues to exist.
After the establishment of the Code Enforcement Board in 1992, the ordinance has been
modified four times for the enhancement of the Code Enforcement Board's structure and powers.
Subsequently, there have been amendments to the State Statutes containing the rules governing
the Board., in addition to case law and Attorney General opinions that have been rendered and
should be considered for the regulatory make-up of the Board.
In 1996,. the Board of County Commissioners further exercised its authority under Charter 893
and created an Administrative Board (the Nuisance Abatement Board) to hear complaints
regarding nuisances that expanded beyond local codes and ordinances, including drug-related,
...... prostitution-related, stolen property-related, as well as criminal gang activity public nuisances.
After the establishment of the Nuisance Abatement Board, which also functions as the Code
Enforcement Board, State Statutes authorizing this body has been amended to modify the scope
of the Board's authority.
The proposed ordinance incOIporates all the Statutory amendments as well as those procedural
amendments needed in order for the Boards governed by this ordinance to function as efficiently
as possible.
The changes being proposed to the Ordinance are as follows:
. Definitions have been updated and those terms that no longer are contained in the
Ordinance have been omitted.
. An updated definition for "Public Nuisance" has been added to the Ordinance.
. The procedures for the issuance of a subpoena has been modified to give the Chairman of
the Code Enforcement Board the authority to execute rather than having to go through the
Clerk of Courts.
. The amount that the Board may fine a violator per day has been increased from $250 per
day per violation to $1,000 per day per violation; and in cases of repeat violators from
$500 per day per violation to $5,000 per day per violation. If the Enforcement Board
finds a violation to be irreparable or irreversible in nature, it may impose a fine not to
exceed $15,000 per violation as opposed to the $5,000 limitation in the prior Ordinance.
. A separate fining structure has been incorporated for the Nuisance Abatement Board
providing for $250 per day for first offenses and $500 per day for repeat offenses. Both
~_.
,....._,.,
Agenda Item No. 178
September 13, 2005
Page 2 of 18
fines may include payment of reasonable costs and attorney fees associated with
investigations of and hearings on public nuisances.
. Clarifying that in cases where a public nuisance has been brought against one of the
tenants of multiple tenants establishment, on which the property owner also conducts his
or her business, the property owner shall not be subject to a lien against his or her
property or the prohibition of operation provision if the property owner evicts the
business declared to be a nuisance within 90 days.
. The requirements for notice have been modified to reflect the most up-to-date
requirements. Personal service must be attempted and when unsuccessful, certified mail
is the required option. If certified mail is refused or not successful, the violated property
and local courthouse must be posted for a minimum of 10 days prior to the compliance
date or the hearing date, whichever is applicable. Notification in a newspaper of general
circulation is another alternative if all others are not successful.
FISCAL IMP ACT: The proposed changes will not have a fiscal impact.
GROWTH MANAGEMENT IMP ACT: The proposed changes will not have a growth
management impact.
LEGAL CONSIDERATION: The proposed Ordinance has been reviewed and approved for
legal sufficiency.
RECOMMENDATION: That the Board of County Commissioners repeal County Code
Enforcement Board Ordinance No. 92-80, No. 96-78, No. 98-20 and No. 99-26 and Collier
County Nuisance Abatement Board Ordinance No. 96-11 and adopt the proposed Ordinance
establishing the Code Enforcement Board and Nuisance Abatement Board.
Prepared by: Michelle Edwards Arnold
Code Enforcement Director
Agenda Item No. 178
September 13, 2005
Page 3 0118
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
178
Meeting Date:
To obtllin Board of County Commissioner approval to repeal and replace the Ordinance
establishing the Code Enforcement Board Bnd the Nuisance Ab~temenl Board
9113/2005 9 :00:00 AM
Ar'proved By
Constance A. JohnflOn Operatinns Analyst DA1e
Community Development & Community Devll'lopl'OO'm &
Environmental Servl~ Environmental Sorvices Admin, 7/111200511:06 AM
Approved By
Sandra Lea ExecltlvG Secretary Date
Community Development & Community Development & 7/121200511:16 AM
Environmental S&rvicea Environmental Services Admin.
AplJrOved By
Community Development &
Joseph K, Schmitt Environmental Services Admlnstrator Date
community Development & Community Ol!l'Jelopment&
Environmental Services Environmental ServiU9 Admin. 7(13/2005 2:42 PM
Approved By
OMS Coordinator Administrative Assistant Date
County Mmager's Office Office of Management & BUdget 711312005 4:12 PM
Approved By
Mark Isackson Budget Analyst Date
County Manager's Office OffIce of Management: & Budget 711312005 5;01 PM
AIJproved By
Michael Smykowski MAnagement & Budget Director Date
County Manager's omce Offlce of Management & Budget 7113120055:56 PM
Approved By
Jame6 V. Mudd County Manager Date
Board of County County Manager's Office 71141'2:00(> 4:16 PM
Commissioners
Agenda Item No. 17B
September 13. 2005
Page 4 of 18
ORDINANCE NO. 05-
AN ORDINANCE TO BE KNOWN AS THE COLLIER COUNTY
CODE ENFORCEMENT BOARD AND PUBLIC NUISANCE
ABATEMENT ORDINANCE; SETTING FORTH TilE FINDINGS
AND PURPOSE; PROVIDING FOR TITLE AND CITATION;
PROVIDING FOR APPLICABILITY; PROVIDING
DEFINITIONS; ESTABLISHING THE COMPOSITION,
APPOINTMENT AND TERMS OF MEMBERS, VACANCIES
AND REMOVAL OF MEMBERS; ESTABLISHING THE
ORGANIZATION OF THE ENFORCEMENT BOARD; SETTING
FORTH THE POWERS AND DUTIES OF THE ENFORCEMENT
BOARD; ESTABLISHING PROCEDURES FOR PUBLIC
NUSIANCE ABATEMENT; PROVIDING AN ENFORCEMENT
PROCEDURE; PROVIDING FOR CONDUCT OF HEARING;
ESTABLISHING PENALITIES; PROVIDING FOR CONFLICT
AND SEVERABILITY; REPEALING COLLIER COUNTY CODE
ENFORCEMENT BOARD ORDINANCE NOS. 92-80; 96-78; 98-20
AND 99-26 AND COLLIER COUNTY NUISANCE ABATEMENT
BOARD ORDINANCE NO. 96-11; PROVIDING FOR INCLUSION
INTO THE CODE OF LAWS AND ORDINANCES; PROVIDING
FOR CONFLICT AND SEVERABILITY; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Article VIII of the Constitution of the State of Florida authorizes Florida
counties to exercise broad home rule powers; and
WHEREAS, Section 125.01 (1), Florida Statutes, provides that the legislative and
governing body of a county shall have the power to carry on county government and that said
power includes but is not limited to, a number of powers set forth in Section 125.01, so long as
any powers exercised are not inconsistent with general or special law; and
WHEREAS, Section 125.01 (1) (t), Florida Statutes, provides that a county may adopt
ordinances and resolutions necessary for the exercise of its powers and prescribe fines and
penalties for the violation of ordinances in accordance with law; and
WHEREAS, Section 125.01(1), Florida Statutes, enumerates county powers which
include, but are not limited to: providing for the prosecution and defense of legal causes on
behalf of the County, establishing and enforcing zoning and business regulations as are necessary
for the protection of the public, establishing and enforcing regulations for the sale of alcoholic
beverages in unincorporated areas of the County pursuant to general law, entering into
agreements with other governmental agencies within or outside the boundaries of the County for
joint perfonnance or performance by one unit on behalf of the other of any of eitber agency's
authorized functions, the performance of any other acts not inconsistent with law, which acts are
in the common interest of the people of the County, and the exercise of all powers and privileges
not specifically prohibited by law; ahd
WHEREAS, Section 125.01 (3) (a) and (b), Florida Statutes, recognizes that the
enumeration of powers in Section 125.01 (1), Florida Statutes, incorporates all implied powers
necessary or incident to carry out those powers and that Section 125.01, Florida Statutes, shall be
liberally construed in order to effectively carry out the purpose of the section and to secure for
counties the broad exercise of home rule powers authorized by the State Constitution; and
Agenda Item No. 178
September 13, 2005
Page 5 of 18
WHEREAS, the Commission find that Collier County has a population of greater than
50,000 and that the fine structure allowed by Section 162.09 (2) (b), Florida Statutes, is
necessary to achieve code and ordinance compliance; and
WHEREAS, Section 162.02, Florida Statutes, authorizes the creation of administrative
boards, with authority to impose administrative fines and other non-criminal penalties, in order
to provide an equitable, expeditious, effective and inexpensive method of enforcing the codes
and ordinances of Collier County; and
WHEREAS, Section 162.08 (5), Florida Statutes, provides that an administrative board
shall have the power to issue orders having the force of law to command whatever steps are
necessary to bring a violation into compliance;
WHEREAS, Section 162.13, Florida Statutes, provides that it is the legislative intent of
Sections 162.01-162.12, Florida Statutes, to provide an additional or supplemental means of
obtaining compliance with local codes and that nothing contained in those sections shall
prohibits a local governing body from enforcing its codes by any other means; and
WHEREAS, the Commission has determined that it is the best interest of the citizens of
Collier County to create Code Enforcement Boards as additional means of enforcement; and
WHEREAS, Section 893.138, Florida Statutes, authorizes counties to create local
administrative boards with authority to abate e1mg-related., prostitution-related., or stolen
property-related public nuisances, as well as criminal gang activity; and
WHEREAS, Section 823.05, Florida Statutes, declares certain places and premises to be
a nuisance and further provides that such places or premises shall be abated or enjoined as
provided in Sections 60.05 and 60.06, Florida Statutes; and
WHEREAS, the Commission has determined that any places or premises which are used
as the site of illegal or nuisance activities including, but not limited to, unlawful sale and delivery
of controlled substances, prostitution, criminal gang activity, are a public nuisance that adversely
affects the public health, safety, morals and welfare; and
WHEREAS, ongoing and recent law enforcement activities conducted by the Collier
County Sheriff indicate that there are premises and places within Collier County which are used
as the site of illegal and/or nuisance activities including, but not limited to, unlawful sale or
delivery of controlled substances, prostitution, gang activity, gambling, illegal sale or
consumption of alcoholic beverages, or lewd or lascivious behavior; and
WHEREAS, the Commission has determined that abating public nuisances which result
from illegal activity is necessary to improve the quality of live for the residents of Collier County
and that abatement of illegal activity will safeguard the public health, safety and welfare and to
the extent possible, eliminate the adverse and negative secondary effects of public nuisances on
surrounding neighborhoods; and
WHEREAS, the Commission desires to minimize, control and., to the extent possible,
eliminate the adverse and negative secondary effects of public nuisances on surrounding
neighborhoods and areas and thereby protect the health., safety and welfare of the citizenry,
protect the citizens from increased crime, preserve the quality of life, and preserve the property
values and character of surrounding neighborhoods, as well as deterring the spread of urban
blight; and
2
Agenda Item No. 178
September 13. 2005
Page 6 of 18
WHEREAS, Section 60.05, Florida Statutes, authorizes the County Attorney, among
others, to sue in the name ofthe State on his relation to enjoin nuisances, the person maintaining
same, or the owner or agent of the building or ground on which the nuisance exists; and
WHEREAS, it is the intent of this Ordinance to enact and enforce public nuisance laws
in a manner and through procedures which respect and uphold the constitutional due process
rights of all affected citizens and property owners.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, that:
SECTION ONE: Findings and Purpose.
1. It is the intent and purpose of this Ordinance to promote, protect and improve the health,
safety and welfare of the citizens of Collier County by authorizing the creation of administrative
boards, with authority to impose administrative fines and other non-criminal penalties, in order
to provide an equitable, expeditious, effective and inexpensive method of enforcing the codes
and ordinances of Collier County, where a pending or repeated violation continues to exist,
including, but not limited to housing, occupational licenses, development standards, zoning, sign
and noise codes.
2. Chapter 162, Florida Statutes, entitled Local Government Code Enforcement Boards Act,
authorizes a County to establish local code enforcement boards.
3. It is in the best interests of the citizens of Collier County to create a Code Enforcement
Board process as additional means for the enforcement of its Codes and Ordinances.
4. The Commission hereby finds and declares that any places or premises which are used as
the site of criminal, illegal and/or nuisance activities including, but not limited to, unlawful sale,
possession (where such possession constitutes a felony and the site has previously been used on
more than one occasion as a site of unlawful sale, delivery, manufacture or cultivation of any
controlled substance) or delivery of controlled substances, prostitution, gang activity, gambling,
illegal sale or consumption of alcoholic beverages, or lewd or lascivious behavior, are a public
nuisance that adversely affects the public health, safety, morals and welfare. The Board further
finds that abating public nuisances which result from illegal and/or criminal activity is necessary
to improve the quality of life for the residents of Collier County and that said abatement will
safeguard the public health, safety and welfare.
5. It is the purpose of this ordinance to abate public nuisances and thereby protect and
promote the public health, safety, welfare and morals of the citizens of the county. It is also the
purpose of this ordinance to achieve said nuisance abatement goal by utilizing the Collier County
Code Enforcement Board and any other lawfully authorized procedures which afford due process
and respect and uphold the constitutional rights of all affected by this ordinance, including, but
not limited to, property owners. This Ordinance is hereby declared to be remedial and essential
to the public interest and it is intended that it be liberally construed to effectuate its stated
purpose. The provisions of this Ordinance shall be cumulative and supplemental to any
provisions of the Florida Statutes, Collier County ordinances, or any other applicable law.
3
Agenda Item No. 178
September 13, 2005
Page 7 of 18
SECTION TWO: Title and Citation.
This Ordinance shall be known and may be cited as the "Collier County Code Enforcement
Board, and Public Nuisance Abatement Board Ordinance"
SECTION THREE: Applicability.
The provisions of this Ordinance shall apply to, and be enforced in, the unincorporated areas of
the county. This Ordinance shall apply to, and be enforced in, any municipalities within Collier
County that agree by resolution of the governing body of the municipality to have this Ordinance
apply and be enforced in the municipality.
SECTION FOUR: Definitions
The following words, terms and phrases, when used in this Ordinance, shall have the meanings
ascribed to them in this section:
1. Enforcement Board means the Collier County Code Enforcement Board, which may act
as the Collier County Nuisance Abatement Board from time to time.
2. Commission means the Board of County Commissioners who is the local governing
body in and fOT Collier Co1Dlty, Florida.
3. County Attorney means the legal counsel to the Commission.
4. Issuing Officer means any authorized agent or employee of Collier County whose duty it
is to assure code and ordinance compliance and who is responsible for the enforcement
5. Lien means a claim for unpaid civil penalties imposed by the Code Enforcement
Board.
6. Person means an individual, association, firm, partnership, corporation, or other legal
entity.
7. Prosecutor means the County Attorney, an Assistant County Attorney, or any member of
the County staff who presents cases before an Enforcement Board.
8. Repeat violation shall mean a violation of a provision of a code or ordinance by a person
who has been previously found through an Enforcement Board, Special Master, OT any other
quasi-judicial or judicial process, to have violated the same provision within five (5) years prior
to the violation, notwithstanding the former and present violations occur at different locations.
9. Public Nuisance means those nuisances as identified in either Section 893.138 or 823.05
of the Florida Statutes.
10. Secretary or Secretary to the Board means the administrative staff person in the Code
Enforcement Department responsible for the preparation, development and coordination of all
administrative and case management services necessary for the proper functioning of the
board(s).
11. Violator means a person (the property owner, tenant, or business entity on the premises,
or any combination thereof) alleged to, OT who has been found to have violated any code or
ordinance of Collier County, which a Code Enforcement Board has jurisdiction to enforce.
4
Agenda Item No. 178
September 13. 2005
Page 8 of 18
SECTION FIVE: CompositioD; Appointment and Terms of Members; Vacancies;
Removal of Member
1. There shall be one (1) or more Enforcement Boards which shall, from time to time, also
function as the Nuisance Abatement Board. The Enforcement Board shall have jurisdiction to
hear and decide cases in which violations are alleged of any provision of Collier County Codes
or Ordinances.
2. The Enforcement Board shall be comprised of seven (7) members and two (2) alternate
members appointed by the Commission. Members of the Enforcement Board shall include,
whenever possible, an architect, a businessperson, an engineer, a general contractor, a
subcontractor, and a realtor.
3. Each member of the board shall be a permanent resident and elector of Collier County
and shall serve without compensation.
4. Members may be reimbursed for such travel, mileage, and per diem expenses as may be
authorized, in advance, by the Commission.
5. Any member or alternate member may be appointed for no more than 2 consecutive
tenDS. Appointments to fill any vacancy to the Enforcement Board shall be for the remainder of
the unexpired term of office.
6. When any Enforcement Board member fails to attend two (2) out of three (3) successive
meetings without cause and without prior approval of the Board Chairman, the Enforcement
Board shall declare the member's office vacant and the Commission shall promptly fill such
vacancy. The members shall serve at the pleasure of the Commission and may be suspended and
removed for cause by the Commission. If any member becomes a candidate for public elected
office, or becomes and employee of the County, his membership will automatically terminate.
7. An Alternate member shall act only in the absence, or disqualification, of a regular board
member.
The initial appointments to the board shall be as follows:
a) Two (2) members shall be appointed for a term of one (1) year;
b) Three (3) members shall be appointed for a term of two (2) years;
c) Two (2) members shall be appointed for a term of three (3) years;
d) One (1) alternate member shall be appointed for a term of two (2) years and one (1)
alternate member shall be appointed for a term of three (3) years.
e) Thereafter, all appointments shall be made by the Commission for a term of three (3)
years.
t) In the event any member's term, including that of any alternate member's term, expired
during the pendency of a case(s) which has not reached conclusion by a final vote, such
member's expired term shall be extended for the limited time and for the limited purpose of
presiding over such particular case(s) until conclusion and final vote and the time for
rehearing has passed. In the event a rehearing is granted, such member's term shall continue
for the limited time and limited purpose to rehear the matter and reach conclusion by final
vote.
5
Agenda Item No. 178
September 13. 2005
Page 9 of 18
SECTION SIX: Organization of the Enforcement Board
I. An Enforcement Board shall consist of a chaUperson, a vice-chairperson, and such other
officers, as the board shall deem necessary, after election to such position by the board members.
2. Officers of Enforcement Board shall be elected by a majority vote of the membership at
the first meeting of the board, after the initial appointment of the membership and annually
thereafter.
3. The members of an Enforcement Board elected to serve as officers may so serve without
restriction as to the number of terms served.
4. A minimum offour (4) members ofan Enforcement Board shall constitute a quorum. An
alternate member shall be considered as one (I) of such members for quorum purposes.
5. An Enforcement Board may adopt such rules and regulations as deemed necessary to
cany out their duties consistent with the provisions of this Ordinance and Florida Statutes
Chapter 162, the Local Government Code Enforcement Boards Act, subject to approval by the
Commission.
6. The Commission shall provide such clerical and administrative personnel and legal
services as may be reasonably required by an Enforcement Board for the proper performance of
its duties.
7. The Commission shall appoint an attorney who is a member of the Florida Bar, either
residing or practicing in the County, to represent and act as legal counsel to the Enforcement
Board, and such person shall attend all meetings of the Board. The attorney shall be
compensated as provided by the Commission.
8. The Enforcement Board shall be reviewed by the Commission, in accordance with Collier
County Ordinance No. 2001-55, as it may be amended.
SECTION SEVEN: Powen and Duties
I. The Collier County Enforcement Board shall have the power to:
a) Adopt rules and regulations for the conduct of its hearings;
b) Subpoena Violator and witnesses to appear at its hearings, which subpoenas may be
served by the Collier County Sheriff or a duly authorized person;
c) Subpoena evidence including, but not limited to, records, surveys, plats, and other
documentary evidence, which subpoena may be served by the Collier County Sheriff or a
duly authorized person,
d) Take testimony under oath;
e) Hold hearings on Notices of Violations;
f) Issue orders having the force of law to command whatever steps are necessary to
bring a violation into compliance;
g) Assess administrative fines, costs, and to impose liens and order the payment of
such fmes, as provided for herein;
h) Authorize the County Attorney, or his designee, to foreclose on a lien or sue to
recover a money judgment for unpaid fines and costs imposed by the Enforcement Board;
i) Uphold any other powers and duties granted by Florida Statutes, Chapter 162, the
Local Government Code Enforcement Board Act;
6
Agenda Item No. 178
September 13,2005
Page 10 of 18
SECTION EIGHT: Enforcement Procedures before the Enforcement Board
1. Matters brought to the Enforcement Board shall be scheduled on the applicable agenda
consistent with the following procedures:
A. Alleged violations of any code or ordinance may be filed with the Code
Enforcement Department by citizens or those administrative officials who have the
responsibility of enforcing the various codes and ordinances in force in Collier County.
B. If a violation(s) of the code or ordinance is believed to exist, the Issuing Officer
shall specify a reasonable time to correct the violation(s).
C. Should any violation continue beyond the time specified for correction, the
Secretary to the Board shall give notice to the Violator that a hearing will be conducted
concerning the alleged violation(s) as noticed. The Notice shall state the time and place
of the hearing, as well as the violation(s) which are alleged to exist.
D. If the violation is corrected and then repeated or if the violation is not corrected by
the time specified for correction by the Issuing Officer may either issue a citation or
schedule the case for hearing. If the Issuing Officer initiates the hearing process, the case
may be brought for hearing even if the violation has been corrected prior to hearing, and
the notice of hearing shall so state.
E. If the Issuing Officer has reason to believe a violation or the condition causing the
violation presents a serious threat to the public health, safety and welfare or if the
violations is irreparable or irreversible in nature, the Issuing Officer shall make a
reasonable effort to notify the violator and may immediately notify the Enforcement
Board and request a hearing.
F. If a repeat violation is found, the Code Investigator sha11 notify the violator but is
not required to give the violator reasonable time to correct the violation. The Issuing
Officer, upon notifying the violator of a repeat violation, may request a hearing. The
Code Enforcement Department shall give notice to the Violator as set forth in paragraph
c. of this section. The case may be brought for hearing even if the repeat violation has
been corrected prior to hearing, and the notice of hearing shaIl so state.
G. If the owner of property which is subject to a code enforcement proceeding
transfers ownership of such property between the time the notice of violation was served
and the time of the hearing, such owner shall:
1) Disclose, in writing, the existence and the nature of the proceeding to the
prospective transferee;
2) Deliver to the prospective transferee a copy of the notices and other materials
relating to the code enforcement proceeding received by the transferort
3) Disclose, in writing, to the prospective transferee that the new owner will be
responsible for compliance with the applicable code and with orders issued in the
code enforcement proceeding;
4) File a notice with the Code Enforcement Department of the transfer of the
property, with the identity and address of the new owner and copies of the
disclosures made to the new owner, within five (5) days after the date of the
transfer;
7
Agenda Item No. 178
September 13, 2005
Page 11 of 18
5) A failure to make the disclosure descnbed above and before the transfer
creates a rebuttable presumption of fraud. If the property is transferred before the
hearing, the hearing shall not be dismissed, but the new owner sha1I be provided a
reasonable period of time to correct the violation before the hearing is held
2. Matters brought to the Public Nuisance Abatement Board sha1I be scheduled on a separate
agenda in accordance with the following procedures:
A. Any employee, officer or resident of Collier County may make a complaint and
request for prosecution of public nuisances before the Nuisance Abatement Board, for
public nuisance(s) located within the area of Collier County as set forth in Section Three
of this Ordinance. Said complaint shall be made with the Collier County Sheriff's Office
if the complaint involves criminal activity as the underlying basis for the nuisance
complaint. Any non-criminal nuisance complaints shall be made with the Collier County
Code Enforcement Department.
B. Upon the making of more than two (2) complaints within a six (6) month period on
any particular place or premises, the Collier County Code Enforcement Supervisor or
his/her designee shall mail written notice of such complaints by hand delivery or by
certified mail, return receipt requested. to the owner of the place or premises complained
of at the owner's address listed in the tax collector's office of tax notices. Said notice
sha1I provide for the owner of the place or premises to contact Collier County Code
Enforcement within fourteen (14) days of receipt of the notice. This time period shall be
allowed for the purpose of allowing the owner to take such good faith measures as are
appropriate to abate the nuisance. The Code Enforcement Supervisor or his/her designee
may extend the fourteen (14) days to allow the owner to initiate or continue actions to
abate the nuisance, provided that the actions taken are reasonable.
C. In the event the owner fails to respond to the notice from Collier County Code
Enforcement or fails to take reasonable action to abate the nuisance within the time
frames set forth above, the Secretary to the Board shall schedule a hearing on the
complaint before the Nuisance Abatement Board. The Sheriff's Office sha1I provide the
Prosecutor with the results of its investigation of the complaint and also assist in serving
any notices required under this Ordinance. The Sheriff's Office shall also make available
the Sheriff's staff witnesses to appear before the Nuisance Abatement Board without need
for subpoena.
D. Written notice of a hearing before the Nuisance Abatement Board shall be provided
by the Secretary to the Board by certified mail, return receipt requested, to the owner of
the place or premises and to the complainant at least ten (10) calendar days prior to the
scheduled hearing. Said notice shall include:
(1) A statement of the time, place and nature of the hearing;
(2) A statement of the legal authority and jurisdiction under which the hearing
is to be held;
(3) A reference to the particular sections of the statutes and ordinances
involved;
(4) A short and plain statement summarizing the nuisance, which is the subject
of the complaint.
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Agenda Item No. 178
September 13. 2005
Page 12 of 18
SECTION NINE: Subpoena Procedures.
2. Every subpoena for testimony before and Enforcement Board or Nuisance Abatement
shall be issued by the Chairman of the Enforcement or the Nuisance Abatement Board, or its
designee, under the seal of the County of Collier. Each subpoena shall state the name of the
Enforcement Board, the title of the action, the case number of the action, the name and address
of the person to whom the subpoena is issued, and the time, place and location of the hearing at
which the person is directed to appear, and shall be prepared by the party requesting issuance.
2. A subpoena for production of documentary evidence may also be issued to command the
person, to whom it is directed to produce the books, papers, documents or tangible items
designated therein. The Enforcement Board, upon motion made timely and in any event at or
before the time specified in the subpoena for compliance therewith, may (1) quash or modify the
subpoena if it is unreasonable or oppressive, or (2) condition denial of the motion upon the
advancement by the person in whose behalf the subpoena is issued of the reasonable cost of
producing the books, papers, documents or tangible items.
3. A subpoena may be serve by any person authorized by law to serve process or by any
other person who is not a party to the action and who is not less than eighteen (18) years of age.
Proof of such service shall be made by affidavit of the person making service if not served by an
officer authorized by law to do so. Proof of service shall be filed with the secretary of the
Enforcement Board The party at whose request the service is made shall make payment of any
service fee.
4. Persons subpoenaed shall be entitled to a witness fee and mileage compensation as
provided for in Section 92.142, Florida Statutes. The cost of the witness fee and mileage
compensation shall be borne by the party at whose request the subpoena is issued and shall be
paid to the witness at or before the time of service of the subpoena.
SECTION TEN: Conduct of Hearing
1. Hearings relating to violations of local codes and ordinances shall be conducted in the
following manner whether being held by the Code Enforcement Board or Nuisance Abatement
Board.
a) Upon request of the Issuing Officer, or at such times as may be necessary, a hearing
before the Enforcement Board may be convened.
b) All hearings shall be open to the public and any person whose interests may be
affected by the matter before the Enforcement Board shall be given an opportunity to be
heard Official minutes of all hearings shall be kept.
c) Hearings may be informal and need not be conducted in accordance with the
technical rules relating to evidence and witnesses. They shall, however, be conducted in
accordance with accepted parliamentary procedures relative to motions, votes and
decisions. Fundamental due process shall be observed and shall govern all hearings.
d) At the hearing, the burden of proof shall be upon the Issuing Officer to show by the
greater weight of evidence that a violation(s) does exist and that the Violator committed,
or was responsible for maintaining or allowing the violation to continue.
9
Agenda Item No. 17B
September 13, 2005
Page 130f 18
e) Where notice of the hearing has been provided to the Violator as provided for
herein, a hearing may be conducted and an order rendered even in the absence of the
Violator.
f) All testimony sha1I be under oath and shall be recorded by a certified court reporter
and/or a recording instrument. The Violator may cause the proceedings to be recorded by
and independent certified court reporter.
g) All relevant evidence shall be admitted if, in the opinion of the Enforcement Board,
it is the type of evidence upon which reasonable persons would normally rely in the
conduct of business affairs, regardless of the existence of any common law or statutory
rule which might make such evidence inadmissible over objection in civil actions. Any
part of the evidence may be received in written form.
h) Hearsay evidence may be accepted for the pwpose of supplementing or explaining
any direct evidence, but such hearsay evidence shall not in and of itself be considered
sufficient to support a finding or decision.
i) Each party to the hearing shall have the right to call and examine witnesses,
introduce exlnbits, cross-examine opposing witnesses, impeach witnesses and rebut
evidence. The Violator may be represented by legal counsel at all hearings.
j) At the conclusion of the hearing, an oral decision (order) shall be issued based on
evidence entered into the record. The decision shall then be sent to the respondent in the
form of a written order including findings of fact, and conclusion of law based on
evidence of record.
k) Should an Enforcement Board be unable to issue a decision immediately following
any hearing because of questions of law or other matters of such nature that a decision
cannot be immediately made, the Enforcement Board may withhold issuing its decision
until a subsequent meeting. In such case, further discussion of the pending matter and all
deliberations relating thereto by members of an Enforcement Board shall occur at a
public meeting of the Enforcement Board. The Board shaIl thereafter issue its decision
pursuant to Subsection j. of this Section.
I) A certified copy of such order may be recorded in the public records of Collier
County and shall constitute notice to any subsequent purchasers, successors in interest, or
assigns is the violations concerns real property, and the findings therein shall be binding
upon the violator and, if the violation concerns real property, any subsequent purchasers,
successors in interest, or assigns.
m) If Collier County prevails in prosecuting a case before the Enforcement Board. it
shall be entitled to recover all costs incurred in prosecuting the case before the
Enforcement Board Whether and to what extent such costs are imposed shall be within
the discretion of the Enforcement Board but shall not exceed the costs incurred.
2. The Collier County Code Enforcement Department shaIl present cases before the
Nuisance Abatement Board. The Collier County Sheriff's Office shall only be responsible for
receiving and investigating complaints, sharing said investigative information with the Code
Enforcement Department, notifying the Code Enforcement Department of the need to schedule
hearings, assisting the Code Enforcement Department staff in serving any notices required under
10
Agenda Item No. 178
September 13, 2005
Page 140f 18
this ordinance and making available investigative witnesses at Nuisance Abatement Board
hearings, as generally set forth in Section Eight of this ordinance. All parties shall have an
opportunity to present evidence and argument on all issues involved, to conduct cross-
examination and submit rebuttal evidence, and to be represented by counsel. Where appropriate,
the public any be given an opportunity to present oral or written communications. If the
Nuisance Abatement Board proposes to consider such material, then all parties shall be given an
opportunity to cross-examine or challenge or rebut said material. All testimony shall be under
oath and shall be recorded. Formal rules of evidence shall not apply, but fundamental due
process shall be observed and shall govern the proceedings. Orders of the Nuisance Abatement
Board shall be based on competent and substantial evidence and must be based on a
preponderance of the evidence.
3. After considering all evidence, the Nuisance Abatement Board may declare the place or
premises to be a public nuisance, as defined in this Ordinance and applicable Florida Statutes,
and may enter an order immediately prohibiting:
a) the maintaining of a nuisance;
b) the operating or maintaining of the place or premises, including the closure of the
place or premises or any part thereof;
c) the conduct, operation or maintenance of any business or activity on the premises
which is conducive to such nuisance.
An order entered under Subsection (2) shall expire after one year or at such earlier time as stated
in the order. The Nuisance Abatement Board may retain jurisdiction to modify its orders prior to
the expiration of said orders.
4. The Nuisance Abatement Board or any other authorized person, may bring a complaint
under Section 60.05, Florida Statutes, seeking a permanent injunction against any public
nuisance.
SECTION ELEVEN: Penalties before Enforcement Board.
1. The Code Enforcement Board, upon notification by the Code Enforcement official that a
previous order of the Board for a first violation has not been complied with by the specified time,
may order the violator to pay a fine which shall not exceed one thousand dollars ($1,000.00) per
day per violation for each day the first violation continues past the date set for compliance; or in
the case of a repeat violator, may order the repeat violator to pay a fine which shall not exceed
five thousand dollars ($5,000.00) per day per violation for each day the violation continues past
the date set for compliance, or from the time the violation has been repeated, and a hearing sha1I
not be necessary for the issuance of the order. If the Enforcement Board finds a violation to be
irreparable or irreversible in nature, it may impose a fine not to exceed fifteen thousand dollars
($15,000.00) per violation.
2. In determining the amount of the fine, if any, an Enforcement Board shall consider the
following factors:
A. The gravity of the violation;
B. Any actions taken by the violator to correct the violation; and
C. Any previous violations committed by the violator.
11
Agenda Item No. 178
September 13, 2005
Page 15 of 18
3. The Nuisance Abatement Board may order the violator to pay a fine which shall not
exceed Two Hundred and Fifty dollars ($250) per day for each day the first violation continues
past the date set for compliance; or in the case of a repeat violator, may order the repeat violator
to pay a fine which shall not exceed Five Hundred dollars ($500) per day.
4. Where the Nuisance Abatement Board hears an administrative action, based on a stolen
property nuisance, against a property owner operating an establishment where multiple tenants,
on one site, conduct their own retail business, the property owner shaIl not be subject to a lien
against his or her property or the prohibition of operation provision if the property owner evicts
the business declared to be a nuisance within 90 days after notification by registered mail to the
property owner of a second stolen property conviction of the tenant. The total fines imposed
pursuant to the authority of Chapter 893.138 shall not exceed Fifteen Thousand dollars
($15,000).
5. A certified copy of an Enforcement Board's order imposing a fine may be recorded in the
public records and thereafter shall constitute a lien against the land on which the violation
occurred or exists and upon any other real or personal property owned by the violator; and shall
be superior to the interest on such parcel or property of any owner, lessee, tenant mortgagee or
other person except the lien of county taxes, and shall be coequal with County taxes enforced in
the same manner as a court Judgment by the sheriffs of this State, including levy against personal
property, but shall not be deemed to be a court judgment except for enforcement purposes. After
three (3) months from the filing of any such lien which remains unpaid, the Enforcement Board
may authorize the County Attorney to foreclose on the lien or forward the lien to a collection
agency. No lien created pursuant to this Ordinance may be foreclosed on real property, which is
a homestead under Section 4, Article X of the Florida Constitution.
6. No lien provided under this Ordinance shall continue for a period longer than twenty (20)
years after the certified copy of an order imposing a fine has been recorded, unless within that
time an action to foreclose on the lien is commenced in a court of competent jurisdiction. The
continuation of the lien affected by the commencement of the action shall not be good against
creditors or subsequent purchasers for valuable consideration without notice, unless a Notice of
Lis Pendens is recorded.
SECTION TWELVE: Costs for Nuisance Abatement cases
In the event the Nuisance Abatement Board declares a place or premises to be a nuisance and
issues an order pursuant to Section Seven of this ordinance, the Nuisance Abatement Board shaIl
assess against the owner of the place or premises the costs which the County, its attorney and/or
the Sheriff's Office have incurred in the preparation, investigation and presentation of the case.
These costs shall be due and payable 20 days after the written order of the Nuisance Abatement
Board has been filed in the public records. A certified copy of an order imposing costs may be
recorded in the official records and thereafter shall constitute a lien against the land on which the
violation exists or, if the violator does not own the land, upon any other real or personal property
owned by the violator. Upon petition to the Circuit Court, said orderlIien may be enforced in the
same manner as a court judgment except for enforcement purposes. After (1) year from the
filing of any such lien, which remains unpaid, Collier County may foreclose or otherwise execute
12
Agenda Item No. 178
September 13. 2005
Page 16 of 18
on the lien with recovery of all costs, including reasonable attorney fees, associated with the
recording of the order and foreclosure. Interest shall accrue on the unpaid costs at the legal rate
of interest set forth in Section 55.03, Florida Statutes, as said statute may be amended, or
replaced or superseded from time to time. No lien created pursuant to the provisions of this
Ordinance may be foreclosed on real property that is homestead under Article X, Section Four of
the Florida Constitution.
SECTION THIRTEEN: Rehearing of Enforcement Board Action.
1. Either the Prosecutor or the Violator may request a rehearing of the decision of an
Enforcement Board. A request for rehearing shall be made in writing and shall be filed with the
Secretary to the Enforcement Board within ten (10) days of the date of receipt of the Board's
written order, but in no event more than 20 days from the date of mailing of the written order. A
request for rehearing shall be based only on the ground that the decision was contrary to the
evidence or that the hearing involved an error on a ruling of law, which was fundamental to the
decision of the Enforcement Board. The written request for rehearing shall specify the precise
reasons therefore.
2. The Enforcement Board shall make a determination as to whether or not to rehear the
matter and its decision shall be made at a public meeting, reduced to writing, and mailed to the
interested parties within 10 days after the decision is made. If the Enforcement Board determines
it will grant a rehearing, it may:
A. Schedule a hearing where the parties will be given the opportunity of presenting
evidence or argument limited by the Enforcement Board to the specific reasons for which
the rehearing was granted; or
B. Modify or reverse its prior order, without receiving further evidence, providing
that the change is based on a finding that the prior decision of the Enforcement Board
resulted from a ruling on a question of law which the Board has been informed was an
erroneous ruling.
3. The original order of the Enforcement Board shall be stayed and the time for taking an
appeal, pursuant to Section 14 of this Ordinance, shaIl not commence to run until a request for
rehearing has been denied or otherwise disposed of and the written decision has been received by
the interested parties; provided, however, that in no event shall the order be stayed for a period
longer than 20 days from the date of mailing of the rehearing decision.
SECTION FOURTEEN: Appeals.
1. Any aggrieved party, including the Commission, may challenge a final administrative
order of an Enforcement Board to the Circuit Court. Such challenge shall not be a hearing de
novo but shaIl be limited to appellate review of the record created before the Enforcement Board.
Any appeal shall be filed within thirty (30) days of the execution ofthe order to be appealed.
2. In the event that a party to the proceedings before an Enforcement Board should elect to
appeal, a verbatim record of the proceedings may be required or may be desirable. It shall be the
sole responsibility of each party to the proceedings to ensure that a record is made which
includes the testimony upon which an appeal may be taken. Neither, Collier County or any
13
Agenda Item No. 178
September 13. 2005
Page 17 of 18
Enforcement Board shall have any responsibility to provide a verbatim transcript of the
proceedings.
SECTION FIFfEEN: Notices.
1. All notices required by this Ordinance shall be provided by certified mail, return receipt
requested, or by hand delivery by the Director, Sheriff or other law enforcement officer, Code
Official, or other person designated by the Commission or by leaving the notice at the Violator's
usual place ofresidence with some person ofhis/her family over 15 years of age and informing
such person of the contents of the notice.
2. In addition to providing notice as set forth in Subsection 1 of this section, at the option of
the Enforcement Board, notice may also be served by publication, as follows
a. Such notice shall be published once during each week for four (4) consecutive
weeks (four publications being sufficient) in a newspaper of general circulation in Collier
County. The newspaper shall meet such requirements as are prescribed under Chapter 50,
Florida Statutes, for legal and official advertisements.
b. Proof of publication shall be made as provided in Sections 50.041 and 50.051,
Florida Statutes.
c. In lieu of publication as described in Subsection (2)(a) of this Section, such notice
may be posted for at least (10) days in at least two (2) locations, one of which shall be the
property upon which the violation is aIleged to exist and the other of which shall be at the
front door of the courthouse. Proof of posting shaIl be by affidavit of the person posting
the notice, which affidavit shall include a copy of the notice posted and the date and
places of posting.
Notice by publication or posting may run concurrently with, or may follow, an attempt or
attempts to provide notice by hand delivery or by mail as required under section under
Subsection 1 of this Section.
3. Evidence that an attempt has been made to hand deliver or mail notice as provided in
Paragraph I of this Section, together with proof of publication or posting, shaIl be sufficient to
show that the notice requirements of this Ordinance have been met, without regard to whether or
not the Violator actua1Iy received such notice.
4. Proper notice may be assumed when a notice of violation and/or hearing has been mailed
to the Violator, his/her agent, or other person in the household or business has accepted the
notice, or where a Code Enforcement Investigator, under oath testifies that he/she did hand
deliver the notice to the Violator.
SECTION SIXTEEN: Supplemental Provision.
It is the intent of this Ordinance to provide additional or supplemental means of obtaining
compliance with local codes and ordinances. Nothing contained under this Ordinance sha1I
prohibit the County from enforcing its codes by any appr9priate civil action, or by referral to the
State Attorney's Office for prosecution in the case of a crimina1 violation, and/or by presentation
to any other County board or agency with jurisdiction to hear and act upon the alleged code or
ordinance violation.
14
Agenda Item No. 178
September 13, 2005
Page 18 of 18
SECTION SEVENTEEN: Repeal of Ordinance No. 92-80, No. %-11, No. 96-78, No. 98-20,
and No. 99-26.
Collier County Code Enforcement Board Ordinance No. 92-80, No. 96-78, No. 98-20 and No.
99-26 and Collier County Nuisance Abatement Board Ordinance No. 96-11 are hereby repealed
and superceded in their entirety by this Ordinance.
SECTION EIGHTEEN: Conffict and Severability.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shaIl apply. Ifany phrase or portion of this Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION NINETEEN: 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
Ordinance of Collier County, Florida. The sections of the Ordinance may be renumbered or re-
lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or
any other appropriate word
SECTION TWENTY: EFFECTIVE DATE.
This Ordinance shaIl become effective 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.
ATTEST:
DWIGHT E BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
By:
Deputy Clerk
FRED W. COYLE, Chairman
Approved as to form and
legal sufficiency:
Jennifer A. Belpedio
Assistant County Attorney
15
Agenda Item No. 17C
September 13, 2005
Page 1 of 7
EXECUTIVE SUMMARY
Recommendation to adopt a Resolution revising the Collier County Water-Sewer District
Utilities Standards Manual
OBJECTIVE: To obtain the Board of County Commissioners (BCC) approval to adopt a
Resolution revising the Collier County Water-Sewer District (CCWSD) Utilities Standards
Manual (SM). The public purpose is to provide for a technically viable and current SM, promote
ease of operation and maintenance of utilities infrastructure, protect the public's health, safety
and welfare, and incorporate the input of the development community in the engineering of
utilities infrastructure and standards within the County.
CONSIDERATIONS: The Utilities Standards and Procedures Ordinance outlines County
procedures and guidelines for the design and construction of both County-constructed and
privately constructed utilities systems in the CCWSD. The SM, which derives from the
Ordinance, provides engineering details.
The Utilities Standards and Procedures Ordinance, Ordinance No. 88-76, was originally adopted
in 1988; two amendments followed in 1989. Ordinance No. 97-17 adopted on Apr. 22, 1997
updated the Utilities Standards and Procedures and included the technical detail drawings and
specifications. There were additional amendments in 1998 and 2000.
,-- On October 23, 2001, Ordinance No. 2001-57 was adopted, which made changes to the
Technical Standards Manual; the approval process required the Public Utilities Division
Administrator and the Development Services Advisory Committee (DSAC) Utilities Code
Subcommittee to approve changes to the Technical Standards Manual.
On May 11, 2004, the BCC adopted the latest Utilities Standards and Procedures Ordinance,
Ordinance No. 2004-31 (Ordinance), as well as the first edition of the SM. The Ordinance
requires that any future changes to the SM be approved by means of BCC Resolution.
The Utilities Code Subcommittee (Subcommittee) of the DSAC and key members of the Public
Utilities Division, the Community Development and Environmental Services Division, and the
County Attorney's Office performed reviews of the SM revisions. The Subcommittee held
monthly meetings to discuss and review proposed changes to the Ordinance and SM.
In January, 2005, a utilities engineering consulting firm, Greeley & Hansen LLC (GH), was
retained by County Staff to facilitate updates and help provide resolution during Subcommittee
Meetings on engineering issues between County Staff and the Subcommittee.
On June 21, 2005, the Subcommittee voted to approve the 2005 SM. On July 14, 2005, the
DSAC approved the 2005 SM. .
The County Clerk's Finance and Accounting Division has reviewed the information contained in
this Executive Summary and the corresponding attachments.
#"'-,
,............
Executive Summary
Recommendation to adopt a Resolution revising the
Utilities Standards Manual
Page 2
Agenda Item No. 17C
September 13, 2005
Page 2 of 7
Collier County Water-Sewer District
FISCAL IMPACT: There is no fiscal impact related to this action.
GROWTH MANAGEMENT IMPACT: This project is consistent with the 2003 Water and
Wastewater Master Plan Updates adopted by the BCC on May 25,2004 as Agenda Items 10(0)
and 10(C), respectively.
RECOMMENDATION: That the Board of County Commissioners adopt a Resolution revising
the CCWSD Utilities Standards Manual.
PREPARED BY: Paul Kwa, P.E., Project Manager, Public Utilities Engineering Department
Agenda Item No. He
September 13, 2005
Page 3 of 7
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number.
Item Summary:
Mooting 0...:
HC
ReCommenl~atlon to adopt 8 Resolution retilslng the Comer County Wa1er-$ewer District
Utilllies SlandfUd\;l Manual.
9/13/20059,00,00 AM
Prepared B"
Paul Kwa Pro~ Manager Date
Publle UUnUes Public Utilities Engineering 816/20058:215:31 AM
Approved By
Porflno E, Gramatg.s. P.E, Sr. Project Manager Date
Public Ot!11t~ Public UtIl1Uos. Englnooring 81912005 9;37 AM
Appr01o'ed B"
ThOmall- Wldo,. OperatIons Director Oat>
Public U1l11tilt' Public utilities. Operations 819/2005 11 ;32 AM
Approved B"
O. George Vllmaz Interim WuteW.lIIter DIrector Palo
Public Utllitifl WasteWater 8f1il/2005 4:37 PM
Approved B)'
P,",ul Matt<lusch WlltlllrDlrector Oat>
Public UtlllUe-5 Witter 8/10120059:34 AM
Approved B)-'
Roy B. Ande,""on. P .E, Public Utilities Engineering Director Oat.
Public utltiti".. PubUc Utllltle. Engineering 8111/20054:52: PM
Approved B)-'
James W, DeLony Public Utllltiotl Adminilltrator Oat.
Public UtlUtle. Public: utiJItles Administration 811212006'2:42 PM
Approved B)-'
OMS Coordinntor Admlnistrati". Anlllard Oat.
County Managers Office Office of Management & Budget 8115/20057:33 AM
Approved By
Michael Smykowskl Monlllosm"nt & Budget Director "'".
County M...flger" Office Office of Management & Budget 8/23/2005 1 :08 PM
Approved By
James V. Mudd County M.n'gIIr Oat.
BDard of County County Manager'. Offlo" 8/30/2006 1 :3Q PM
Commissioner.
Agenda Item No. 17C
September 13,2005
Page 4 of 7
RESOLUTION NO. 200S._
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FWRIDA, AMENDING THE COLLIER COUNTY WATER.SEWER
DISTRICT'S UTILITIES STANDARDS MANUAL, WInCH IS AN INTEGRAL PART
OF COLLIER COUNTY ORDINANCE NO. 2004-31, TITLED THE COLLIER COUNTY
UTILlTmS STANDARDS AND PROCEDURES ORDINANCE, CODIFmD IN ARTICLE
III OF THE CODE OF LAWS AND ORDINANCES (CODE); PROVIDING FOR
INCLUSION IN THE COUNTY ADMlNISTRA TlVECODE PURSUANT TO SECTION
2-11 OF THE CODE; AND PROVIDING FOR A DELAYED EFFECTIVE DATE.
WHEREAS, in 2004 the Board of County Commissioners (Board) adopted Collier
County Ordinance No. 2004-31, titled the Collier County Utilities Standards and Procedures
Ordinance, which is codified as Article m, Utilities Standards and Procedures, in Sections 134-
51 through 134-64 of the Code of Laws and Ordinances (Code), and
WHEREAS, The "Collier County Water-Sewer District Utilities Standards Manual,"
(Manual) was adopted by the Board concurrently with the 2004 Utilities Standards and
Procedures Ordinance, including all of the Manual's exhibits, consisting of. and not necessarily
limited to, all technical standards, specifications, detail drawings, Utility Deviation Fonns, Water
Meter Sizing and hnpact Fee Form, Final Waiver of Liens, and Utilities Conveyance Documents
Checklists for potable water, non-potable irrigation water and wastewater systems; and
WHEREAS, Section Eleven of Ordinance No. 2004-31, codified as Code Section 134-
63, Amendments, specifies that revisions to the Manual must be approved by Resolution of the
Board of County Commissioners, and each such Resolution must be agendized on the Board's
Agenda either under Scheduled Public Hearings or in the Summary Agenda Section; and
WHEREAS, after careful review, including inputs from the stakeholders, staff has
recommended to the Board that the Manual be updated by staff s recommended amendments; and
WHEREAS, the Executive Summary that accompanies this Resolution details each of
the significant amendments now being made to the Manual; and
WHEREAS, the Development Services Advisory Committee (DSAC) has accepted the
recommendation of its Utility Code Sub-committee to recommend approval of the Manual, as
amended, and likewise recommended approval subject to the requirement that the Manual, as
amended, be incorporated into the County's Administrative Code, as provided for in Code
Section 2-11.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FWRIDA, that:
1. The Board of County Commissioners, after advertised public hearing, accepts staffs
and the DSAC recommendations and hereby adopts the foregoing WHEREAS clauses as
being true and correct. Accordingly, the attached amended Manual, originally approved as
part of Collier County Ordinance No. 2004-31, the Collier County Utilities Standards and
Procedures Ordinance, and as hereby codified as stated above, is hereby incorporated by
reference and adopted, as amended.
2. This Manual. as amended, shall take effect on September 16, 2005, and may be
included in, and be made a part of, the Collier County Administrative Code
consistent with Code Section 2-11.
Page 1 of 2
Agenda Item No. 17C
September 13, 2005
Page 5 of 7
This Resolution is adopted after motion, second and majority vote favoring adoption this
day of ,2005.
ATIEST
Dwight E. Brock. Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By
Deputy Clerk
By:
Fred W. Coyle. Chainnan
Approved as to form and legal sufficiency:
BY:~
Thomas C. Palmer,
Assistant County Attorney
Page 20f2
Agenda Item No. 17C
September 13, 2005
Page 6 of 7
ATTACHMENT
The most significant changes to the SM in this go-around include:
. Adding Florida Department of Environmental Protection (FDEP) Water and Wastewater
Checklists 62-555.900(7) and 62-604.300(8)(a) requirements into the SM to assure
conformance of SM to FDEP regulations
. Adding a Florida Department of Transportation (FOOT) utilities open cut restoration
Detail Drawing in the Detail Drawings Section of the SM
. Adding two Wastewater Lift Station Odor Control Unit Sizing Charts in the Detail
Drawings Section of the SM and updating the Odor Control specifications in the
Specifications Section of the SM
. Adding stormwater pipe and raw water pipe minimum distance separation criteria from
utilities lines
. Clearing up language on fittings manufacturers
. Adding certification requirement for pipe casing welders and high density polyethelyne
(HOPE) butt fusers
. Adding requirement that all pump stations conform to National Electrical Code (NEC)
requirements
. Ridding the HDPE butt-fusion testing requirement from the Specifications Section
. Adding Subaqueous Horizontal Direction Drilling (HOD) specifications
. Adding requirement of 57 Stone between stormwater and wastewater lines
. Adding requirement of having successful telemetry testing prior to County acceptance
. Other engineering changes such as specification of material and brand,. and regulation of
core boring into manholes
. Minor edit revisions
The 2005 SM can be viewed at the County Public Utilities web site.
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Agenda Item No. 17D
September 13, 2005
Page 1 of 47
,--
EXECUTIVE SUMMARY
Recommendation to approve the first amendment to the cable franchise
agreement that retroactively approves the renewal of a cable television
franchise for Marco Island Cable, Incorporated.
OBJECTIVE: To obtain Board approval for the retroactive renewal of a cable
television franchise agreement for Marco Island Cable, Inc.
CONSIDERATIONS: On June 23, 1997 the Board of County Commissioners (Board)
granted a non-exclusive cable franchise agreement to Marco Island Cable, Inc. for a tenn
of seven years. Approval of this request will only extend the tenn of the Franchise.
Approval does not change the franchised area.
In the cable franchise agreement, the franchise service boundaries are limited to within
the municipal boundaries of Marco Island. With the incorporation of the City of Marco
Island in 1998, the new City negotiated with Collier County for assignment of the Marco
Island Cable Franchise (and the Media One Cable Franchise (Comcast)) to the City.
Marco Island Cable continues to operate within the City incorporated limits, but the
County's Cable Franchise remained active for the (small) unincorporated area of the
Goodland area. Marco Island Cable has not extended its cable service facilities into any
unincorporated area on the island, but desires to keep its unincorporated area Franchise
active in anticipation of serving that area.
Marco Island Cable's franchise expired on June 24, 2004 because the franchise operator
assumed that the Franchises did not expire until June 24, 2012.
On Wednesday, August 3, 2005, staff met with the President of Marco Island Cable
regarding its expired cable franchise agreement, resolving any ambiguity between the
Marco Island Cable Franchise Agreement and Article II, Sec. 30-28 (g) of Chapter 30 of
the Collier County Code of Laws and Ordinances.
On Friday, August 5, 2005, County staff received a fonnal request from Marco Island
Cable, Inc. to renew the cable franchise agreement retroactively to June 24, 2004 and to
be extended out to June 24,2012.
The Board, acting in its official capacity as the Local Franchising Authority, has the
power to approve or deny this application to extend the tenn provided there is a
reasonable basis to do either. The Office of the County Attorney and Cable
Administration staff have reviewed the cable franchise agreement as well as the Marco
Island Cable, Inc. request to retroactively renew this cable franchise agreement and
believe that no valid reason exists to deny the requested extension.
.'-
Agenda Item No. 17D
September 13, 2005
Page 2 of 47
FISCAL IMPACT: Approval of this request will have no fiscal impact on Collier
County. Previously, cable franchise agreement renewal applications were subj ect to
payment of a $5,000 non-refundable application fee to cover administrative costs to
process such applications; however, Florida Senate Bill 1322, enacted on June 2, 2005,
bars collection of these fees, because that law was "clarifying" that cable entities that are
subject to the Florida's Communications Services Tax (which includes Marco Island
Cable) shall not be required to pay such fees because those taxes are deemed to include
these application fees.
GROWTH MANAGEMENT IMPACT: This action contemplates no impact on
Growth Management.
LEGAL CONSIDERATIONS: Review by the Office of the County Attorney and by
Franchise Administration staff indicate that no valid reason exists to justify denial of the
subject Application to extend the term of the subject Franchise Agreement.
RECOMMENDATION: That the Board adopt the attached proposed amendment to
thereby extend Marco Island Cable Franchise, applicable only to the unincorporated area
on Marco Island, to June 24,2012.
PREPARED BY: James French, Regulation / Operations Manager, CDES
Operational Support Department
Item Number:
Item Summlry:
MeetIng Date:
Agenda Item No. 17D
September 13. 2005
Page 3 of 47
COLLIER Cm;NTY
BOARD OF COUNTY COMMISSIONERS
170
Recomrnendalion 10 ~pprov~ the first Ilmel\dment to the cable fnndllsti agreement that
retroacMIy approves the renewal of 8 cable televis.ior\ franchise for Marco lfll:lend Cable,
Incorporated.
9/1312005 9:00:00 AM
0...
Prepared B"
J.mIIIS French
Community Development &
Envlronmllntal Services
Op&ratlofll> Supervisor
COES Oporations
812./2005 10:44:~ AM
0...
Approved By
Sandra Lea Executive Secretary
Communit)' Development & Community De\Itdoprne-nt &
EnvtronmerTlal kl'\flce. Environmental Service19 Admin.
8124(200512:57 PM
Approved B:!t'
Date
Denton Baker
Community Oevelapnlltrtt &
Envlronl'Ntntal Servloe.
Financial Admin & Houa'l19 D'r~ctor
Financl.1 Admin. & Housing
8124/2005 6:26 PM
0...
Apprond By
Const.nce A. Johnson Operatlom. Arlldyct
Community Ol';ll",elopment & Community Dtowjopment &
Environmental Services Environment.! Service.Admin,
B/25/2oo6 3: 18 PM
Approved By
A..iSUint County Attorney
Dote
8126/200512:17 PM
Thoma. Palmer
County Attorney
COllnty Attor~ OffICe
0...
Approved By
Jo.s"Ph K. Sct'unlt1
Community Development &
Environmental Service.
Community Delieloproont &
Envlr(mmental Service. Admlnltrlltar
Community Development &
Enlo'.rOI'UTlCtnt.! Servlclla Admin.
812812005 1:44 PM
0...
Approved By
OMB Coordin.ator
County Manager'. Offlce
Admlnl$trntlw As.istant
Office of Manllg.ment & Budget
8/29/20OG 9:48 AM
0...
Approved By
Mark 161l1cklon
County Manager's Office
Budget Anal)'.t
Office of Managlilment & Oudgtlt
8/30/20069:16 AM
Date
Ar.pro'Yed B)'
Michaf.lt Srnykowski
County M.lnagor'. O1Tlcc
Management &. Budget Dlrectar
Office 01 Managcmwnt & Budget
8JJOI2Q05 12:28 PM
Dote
Approved By
Jamas V. Mudd
Board Df County
Commlall.lon&nl
County Manager
COLlnty Manager's: Office
9/2120051:17 PM
Agenda Item No. 17D
September 13, 2005
Page 4 of 47
FIRST AMENDMENT TO CABLE TELEVISION FRANCHISE
Paragraph 4.3 in the Cable Television Franchise between Collier County and
Marco Island Cable specifies a seven-year term. The subject 26-page Franchise
Agreement commended on June 24, 1997 and expired on June 24.2004. The
Collier County Board of County Commissioners hereby extends the term of the
subject Franchise by agreeing to amend only paragraph 4.3 (on page 7 thereof)
to read as follows:
"4.3 The term of this Franchise is extended retroactively from June 24, 2004 until
June 24, 2012."
The Franchise Agreement is not otherwise amended.
IN WITNESS WHEREOF, the undersigned have caused this First Amendment to
Cable Franchise Agreement to be executed, effective immediately.
ATTEST:
Dwight E. Brock, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Deputy Clerk
By:
Fred W. Coyle. Chairman
ATTEST:
MARCO ISLAND CABLE
.,
J~~
Susan G. Gaston
Corporate Secretary
The foregoing was acknowledged before me this l.!l..- day of ~ 4-
2005 by William R. Gaston, who produced a Florida's Driver's Lice se as
identification.
~&{~.
BY:
(L.S)
NOTARY PUBLIC
APprov~ to fo~nd legal sufficiency
By: ----d,c~ \ ~
Thomas C. Palmer,
Assistant County Attorney
Agenda Item No. 170
September 13, 2005
Page 5 of 47
Voice: (239) 642-4545
Fax: (239) 394-4895
Website: www.marcocable.com
E-mail: marcocable@marcocable.com
......., MANAC'JER OPFICE.
R~:O\J~"L I ~
~~ "1 ~~~-
AUG - 5 lOO5
Mr. Jim Mudd A.~Jl6
ACTION_at' ~V~. U"'/.-/
Collier County Manager .~., I.~~ ..,;'~~
3301 Tamiami Trail East FILE . 2"'t.
Naples, FL 34112 -. pU. .
Re: Administrative matter for clarification of Marco Island Cable's franchise te?~
Dear Mr. Mudd:
August 5, 2005
Marco Island Cable received a 7 year franchise June 24, 1997. This franchise was for the area
known as Marco Island. Later that year a city-hood vote was taken and Marco Island, with the
exception of Goodland, became a city. In late 1998, the city requested that it take over the
control of the two franchisees that serve the city. After extensive negotiations, Marco Island
Cable's County franchise was assigned to be administered by the City of Marco Island for the
portion of the franchise area within the city limits.
It was my understanding that as part of the negotiations for assignment that the franchise term
had been extended to a fu1115 year term ending in June of20l2. Discussions with Mr. Blue
Wallace and Mr. Tom Palmer indicate that they disagree, but they have recommened course of
action to clear any doubt.
Per their recommendations, Marco Island Cable hereby requests that the franchise that
was issued June 24,1997 be retroactively extended from June 24, 2004 until June 24 of
2012.
In support of this request from Marco Island Cable, Inc. I, William Gaston, its president and
owner, verifies that Marco Island Cable Inc. has complied fully with the terms conditions of
the franchise, and in particular has exceeded the requirements of Section 11.3, to wit, Section
11.3.4(d) that allows for an extension where build out requirements are met, as exists here.
In further, support of this request, I certify that: .
a) Marco Island Cable, Inc. has substantially complied with the material terms ofthe
existing franchise and applicable law;
b) The level of cable services or other services provided over the system, has been, and is
reasonable in light of community needs,
c) These services now include high speed internet access, an extended tier of digital service
and HD channels;
. .
Agenda Item No. 17D
September 13, 2005
Page 6 of 47
Mr. Mudd
Page 2
August 5, 2005
d) Marco Island Cable, Inc has the fInancial, legal and technical ability to continue to
provide the services, facilities and possesses the equipment to do so, as set forth in the
franchise and franchise ordinance;
e) Marco Island Cable Inc. has the ability to meet the future cable-related needs and
interests of the community and that this ability includes the fInancial ability to meet those
needs.
It is my understanding that this matter/request needs to be placed on the summary agenda. It
is my further understanding that both your Legal and CDES departments have no factual
information or reason to recommend anything other than approval.
I appreciate your immediate attention to this administrative matter.
Sincerely,
d/d IJ ole
William R. Gaston
President
cc: Mr. Thomas Palmer
Mr. Bleu Wallace
Corporate Office: 926 Windward Dr., Suite 104. Marco Island, Florida 34145
Mailing address: P.O. Box 368, Marco Island, FL 34146
.-
Agenda Item No. 17D
September 13. 2005
Voice: (2~~2..af:~5
Fax: (239) 394-4895
Website: www.marcocable.com
E-mail: marcocable@marcocable.com
August 15,2005
CDES Operations Support Department
2800 Horseshoe Drive
Naples, Fl. 34104
Art: James C. French, M.B.A.
Regulation/Operations Manager
Re: Marco Island Cable Franchise Agreement
_ Dear Mr. French,
Enclosed are Communication Services Tax forms for January 2005 and July 2005. All of the information is
entered on line. A copy of our on line transmittal is enclosed along with worksheets used to arrive at the
information supplied to the Florida Department of Revenue. The Isle of Capri community, "La Peninsula" is
noted as "unincorporated area" per the Florida Department of Revenue.
Supplying this information in no way acknowledges that Marco Island Cable's Collier County Franchise was
not extended as per the assignment agreement to the City of Marco Island.
Please let me know if! can be of further service in this matter.
Sincerely,
~~
Linda Blalock
General Manager
Corporate Office: 926 Windward Dr., Suite 104. Marco Island, Florida 34145
Mailing address: P.O. Box 368, Marco Island, FL 34146
I.~~o;~
...... MARCO ISLAND CABLE INC
. Md... POBOX"
., ". .,
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1. Tax due on ~ ~ to the state portion cI the . D [)J j7l fOl f3l ~ r;;, ~ r;;] :',;:/;:'
communicatiOns MMCU tax (from Summary of Sched. I, Col. F, Une 3) .... 1. L.J ~ L1:J LLJ . L1J QJ .
2. Tax due on sales subject 10 the grau rec:eipIa portion of the 0 n il-'I [J r?11il r:J r;t frlrll
communications seMen tax (from SummaJy of Sched. I, Col. G, Une 6)...2. L1-J ~ L.Qj IJ:J . ~ ~
3. Tax due on sales subject to the local portion of the communications f! ;---: ~ ~ 1'7' ;~ ~ i'"j ~ 01
services tax (from Summary of Sched. /, Col. H, Une 7) .............................. 3. ~ ~~ --1 ~ ~ l1.; . L2.i ~
. Dnn~~~~~ ~i
4. Tax due lor direc:t.to-home satellite services (from Schedule II. Column C) 4. . W-J ~ L!.J)1J llU ~ . l;d-ijJ
S. Total communication. service. tax (add Unes 1 through 4) .........................5. 0 [)JO'[)J 0 0 . 0 D
6. Collection allowance. Rate: M7~ .........................................6. 0 [)J tJ rn EJ [] . [i] I1J
(If rate above is blank, check one) 0 None applies a .0025 0 .0075 D DO n nn II nOD D
7. Net communications sllVices tax due (subtract Une 6 from Une 5) ............7. I L L...+-J t_ .
e. Penalty .......:...;.;'........~-;~............:'Jt.t;.\.....~.............................,(......:t~C~.....8. 0 rn D wi 0 g . DO
9. Interest .................:....~...~.~...E::..../.....~:,..i:..:........................L...t.~....9. DIWi ill i: I U U . 0 []
. ~ . 41:\........ ."'f ~.. ...... oJ -.....J:. L-...Jf.-.J
10. ~=~ ~~m~~~~..I.'.':.~~~:~.~..~.~~~...................c:::.::[J 10. 0 [)J [] LJW 0 0 . DO
11. Multistate credita (from Schedule V) ...........................................................11. 0 [)J 0 [)J 0 0 . 0 D
12. Amount due with retum ...............................................................................12. 0 rn ~ liJ [f] . Ii]~.
AU1HOHI7ATION
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ear- ....... ....
Payment Coupon
Business P.nn.r Number
Reporting P....ocl
MAR. 2004
DO NOT DETACH
To ensure proper credit to your account. attach your check to
this payment coupon, Mail with tax return and ilI1 schedules. DOR USE ONLY
L DQL~~LQ(gO!
n Check.... If your ....... or bwl....lnfarmdon
L-...j cNftted 8Ild enw chane- below.
New location address:
DR-700016
A. 01/04
t-
i
??oo706052
BuSiness Address
Dr( 7'1',
L J....- o! \,. .
MARCO ISLAND CABLE INC
PO BOX 368
MARCO ISLAND FL 34146-0368
Tejephone number. (_)
New mailing address:
D Check here jf paymenl was lransmltted electronically.
P~....t is due on ltIe ,. and LATE
it postm..-k<<l 0Ir Nind delhI..-.d .tt.. 0412012004
..,
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0000 1 20040331 0063004031 1 4000000103 99&9 9
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Keystone
o;.ange Park
Penney Farms
CQUI
. . Unincorporated' area
. Evergtades
Marco '-land
Naples
COLUM IA
Unincorporated are.
Fort White
Lake City
DESOTO
Unincorporated area
Arcadia
DIXIE
UnincOlpOrated area
Cross City
Horseshoe ach
DUVAL
Atlantic Beach
Baldwin
Jacksonville Beach
Jax Duval ( Ity of Jacksonville)
Neptune Beach
ESCAMBIA
Unincorporated area
Century
Pensacola
FLAGLER
Unincorporated area
Beverly Beach
Bunne"
Flagler ach
Marineland
Palm Coast
FRANKLIN
Unincorporated area
Apalachicola
Carrabell.
PA
". ;if' ',' . " ~~ ~.~..'~ ~~ j
0.0582
0.0682
0.0582
0.0582
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Comple" this fonn. sJgn It, end mall it with
your DA-70001 e If:
The business name (legal entity) changed.
The business was closed.
The business was sold.
To report an address change, submit the
information on the payment coupon (Page 1
of the retum).
Closing or Sale of Business or Change of Legal Entity
The legal entity changed on _, _f _' If you c......ge yow ... entity and .. continuing to do bueineu in Florida end the corporation
t. reglatered for communicatiOftll MrVlce8 tu, you must complete . new ~tiorr to CoI/8ct mellor Report Tax in Florida (Form DA.1).
The businUll was closed permanenlly on _1_1_ .
Are you a corporation/partnership required to file communicallons servic8a lax retums?
_ Yes _ No
FEIN m-cmJ
8U8ineM ..rtner
number
The buainUll was sold on _1_1_ . The new owner infonnalion is:
Name of new owner:
Mailing address of new owner.
City:
Telephone number of new owner: (
County:
Slale:
ZIP:
... Signa lure of officer (rwqulred)
Oale
Telephone number (_)
"--,
,I
State of Florida
Depanment of Revenue
DOR Hom.
State of Florida Communication. S.rvlce.Tax
Return
Transmlnlon Confirmation #: 200502183948
CTOOOOT08052
113112005
1. TlIX due on ... eubject to the Ute poI1ion 0/ the convnunlca\lonl 1ltIVIoI. tu
2. TlIX due on "'lUbjecIto the gIOII rec:eiptI potIIon cf the communlcallonl Mrvicn tu
3. TlIX due an ...1ImjId to the Ioc:II portion of the communication. MrviclM tu
4. Tax due for dlrect-llO-home ....ulte Ml'VICle
5. TotIl CommunlClltionl 8ervICeI TIX
6, Collection AIIowanc::e. R8ta 0.75%
7. Net Communlcdona s.rvIcM Taxes due ( line 51811 Une 6)
8. Penalty
9. Intareat
10. AdjUltmentl from ScheduII 3 & 4
11. MuItlatate Cl'lICI", from Schedule IS
12. Amount due with return
Page 1 of 1
Agenda Item No. 17D .
September 13, 2005
Page 11 of 47
DR70001&oOllO
Help
2/16/2005 12:55:25 PM E.S.T.
InatructlQna for Payment
$10.341.116
$3,806.66
$7,1101.18
$0.00
$21.862.29
$163.97
$21.ll98.32
$0.00
$0.00
$21.8118.32
RCO ISLAND CABLE INC
ay to the order of FlorIda C.S.T. Fund
NTY-oNE THOUSAND SIX HUNDRED NINTY-EIGHT ...................................... and 32/100 Dollars
Signature:
WilHam R. Gaston
DATE 2/181200~
$21.6Sl8.3~
mo: Communications Services Tax
Bank RouUng Number Acc:ounl Number
067013700 108384
First National Bank of Florida
I hereby authorize the D.partment of Revenue to process this ACH trans.ctlon and to debit the checking
account Idenlfl.d above. I understand there may be ..rvlce charge. a......d on any tranaactions not
honored b m bank.
IJ
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S.ve Sellllion and Exit
. Prinlthll p8g8 I
file://C:\ WINDOWS\ TEMP\FUCQQEBA.htm
2/16/05
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AddIwII PO BOX 318
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1. Tax due on .....1Ubject to Ihe ..... portion of the D DO 0 iql foHbl ~ R Lf1
communlcatlons I8I'Vicn tax (from Summary of Scheel. I, Col. F. Une 3) .... 1. C!.Jf.-LJ L!:J lZ..l . ~ 11.J
2. ~:,~':,=:=r:x~:m~re:::~~.:,~of.G.une6)...2. 0I1J:CJ~J41[Z]0 . ~[]
3. Tax due on sales subject to the local portion of the communications 10 :- :---: ---; I~ : b ' i(l fOi ' :tJl
services tax (from Summary of Sched. I. Col. H. Une 7) .............................. 3., ~~ --.! ~ W L....,; . !81 iJ
4. Tax due for direct.to-home satellite services (from Schedule II, Column C) 4. 0 en J [lJl 0 0 . [J 0
5. Total communications services tax <add Unas 1 through 4) ......................... 5. 0 [J[J ~ rn [it~ . [] W
6. Collection allowance. Rat.: 007S ......................................... 6. D DOD 0lJ ~ !2j . [ill ~
(If rate above Is blank. check one) 0 Non. applies:l .0025 Q .0075 0 no n nn 1/ nOD 0
7. Net communications services tax due (subtract Line 6 from Une 5) ............ 7. _ 1_ ~ '--' .
8. Penalty ............:;:........~':::'l'i;...........:mI.;'.....-:-.:..............................r.......~...C.~.....8. 0 m 0 ClJ 0 D . DO
. ;i-{ r'" : '. I. "')"~ DQJ" 110]' DU,........,. DO'
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10. ~~= g::ns:~~~.!!.J:.~~~~~.~..~.~~.~...................~D 10. D []J 0 L fi 0 0 I D D
11. Multistat. credits (from Schedule V) ........................................................... 11. 0 DO 0 DO 0 0 . DO
12. Amount due with return ............................................................................... 12. 0 DO ~ rn [d EJ . Ii] (2]
unoer........ III ...,ry. I heNlly ...... .illUm ". _ IllInIitWd by .... IIlClIO ... ~ my ~ 1IlCl..... . .1Iw IIlCl 00lIlIllMlt ....... [ .. ..525(2).
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Payment Coupon
I-
DO NOT DETACH DR-700016
To ensure proper credit to your account. attach your check to R.01/04
1tlGi payment coupen. Mall with tax retum and II! schedules. DOR USE ONLY
Reporting Period L 0 [~IL gJJ{ go i
r-1
MAR 2004 lJl CMdl here If row ~ or """'- JnfoI'IMtiOn
. I chanpd Il1d __ ~ bIIow.
BuslMSI P8ttner Number
??oo706052
BUSiness Address
'r\ T-.. -:',,',
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1-....1. olII'
New location address:
MARCO ISLAND CABLE INe
PO BOX 368
MARCO ISLAND FL 3414&-0368
Telephone number: (_J
New mailing address:
o Check h.... if payment wais transmitted electronically.
PlY'T1ent ia due on the ,- ....d LATE
if poatmarkeG 0I1UlrId deliveNd 1ft... 0020/2004
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Green
Keystone Heighte
orii1ge Park
Penney Farms
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- Everglad.. City
Marco Island
Naples
COLUMBIA
Unincorporated ar..
Fort it.
Lake City
DESOTO
Unincorporated area
Arcadia
DIXIE
Unincorporated area
Cross ity
Horseshoe ach
DUVAL
Atlantic Beach
Baldwin
Jacksonville Beach
Jax al (City of Jacksonville)
Neptune ch
ESCAMBIA
Unincorporated area
Century
Pen$8cola
FLAGLER
Unincorporated area
Beverly Beach
Bunne"
Flagler Beach
Marineland
Palm Coast
FRANKUN
Unincorporated area
Apalachicola
Carrabelle
PAG TAL ~.
. .t}~nda Item N.c.: . .'
Complet. .CoIumns S, C. and e for d ;urildlctionlll"l wh~~ber 1 Y."Z
provide or ... communlcalionl MfViceI. Attach SchIdult t Page 13 0.,
~~:~..~...~tothetax return.
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Agenda Item
If you compfete Schedule I. Ihen you mUlt also compfeteSeptember 1 I
Summary of SchIdWII. Attach the 1CheduIe. aummIIY. Page 14
and d other IUPPOf'IIng IChec:IuMa to the tax return.
.aea
.0%J7
qq~3.Yl
5if 7J.. t.f 1
1 ( I Of ~y
Complete this form, sign It, and mall it with
your DR-700018 If:
The business name (legal entity) changed.
The business was closed.
The business was sold.
To report an address change, submit the
information on the payment coupon (Page 1
of the return).
Closing or Sale of Business or Change of Legal Entity
The legal enlity changed on _'_1_. If you ch8nge your IepI entity III1d .. continuing to do bullineea In Florida and the corporation
Is ~ for oomm.....lc8tiona servlces tu, you must complete . new ApplicstJon to COllect and/or Report Tax in Florida (Fonn 0"-1).
The business was closed pennanen1lyon _' _1_ .
Are you a corporation/partnership required to file communications services tax returns?
_ Yes _ No
FEI~ m-[[J]JJ]J
BulIineN PlIrtner
number
The business was SOld on _1_1_. The new owner information Is:
Name of new owner:
Mailing address of new owner.
City:
Telephone numl:ler of new owner: (
County:
State:
ZIP:
.. Signature of offleer (required)
Date
Telephone number (_)
-
(
l, ., J"
Stale of Florida
Depanment of Revenue
DOR Home
Stala of Florida Communications SeNlce. Tax
Return
TransmiSsion Confirmation It: 200508082892
CToo00701052
713112005
1. To: due on ..... IUbjecllD lhIlllI\e portian of !he convnunk:e1lonl ..rvk:u tax
2. Tu due on.....1UIljllct to lhIlJ~ ..c:eiptl portion of lI:w cammunlcdonl..rvIca.l8X
3. TIX due on .....lUbjecl to lI:w IcICII pcx1Ion of lI:w cornmunIcatlont I81'YIcn l8X
... To: clue for dlrwct-tl:l-hOme sateIIIW MMce
6. TolIII ComniunlcalloM 8ervlcaa To:
6. Collection Allowance. Rate 0.715%
7. Net Communlcallonl Services To:a. due (line 5 I... line 6)
8. Penalty
9. Interelll
10. AdJutlmenla from Sche<Iula 3 & ..
11. Mullislll" credits from Schedula 5
12. Amount due with I8lum
Page 1 of 1
Agenda Item No. 17D
September 13, 2005
Page 15 of 47
DR70001~
Help
8/8120053:33:07 PM E.S.T.
lnatructions for Payment
$$l,ll63.2V
$3."72."9
$7,610.88
$0.00
$21.048.86
$167.85
$20.888.81
$0.00
$0.00
$20.888.81
co ISLAND CABl.E INC
ay to the 0RIar of Florida C.S.T. Fund
ENlY THOUSAND EIGHT HUNDRED EIGHlY-EIGHT ...................................... and 81/100 DolIart
Signature:
WIlliam R. Gaston
DATE 811l1J2oosl
520.888.811
emo: COmmunications Sarvlatl To:
Sank Routing Number Account Number
067091719 108384
Fifth Third Bank
I hereby authorize the Department of Revenue to process this ACH transaction and to debit the "hecklng
account ldenlfled above. I understand there may b. service charges assessed on any transactions not
honored b m bank.
.!J ~~I
Save Session and Exit
Print thla page I
file://C:\ WINDOWS\TEMP\QJY7QEKD.htm
8/8/05
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Agenda Item No. 170
September 13, 2005
Page 16 of 47
.
State of Florida
CABLE TELEVISION FRANCmSE
Collier County
This Cable Television Franchise, issued by and between the Collier County. a Florida
non-charter county and Marco Island Cable, Inc.. a Florida Corporation, hereinafter Grantee.
WHEREAS, the County or Collier. ~ereinafter referred to as "County." or "Grantor",
desires to assure the widespread availability of Cable Services within the County to promote
commerce and otherwise further the public' interest;
WHEREAS, the County is the owner of certain street rights-of-way;
WHEREAS, the County has, following reasonable notice, and after consideration,
analysis and deliberation conducted full public proceedings, during which proceedings the .
technical ability, financial condition, legal qualification and general character of Grantee were
determined acceptable to receive a renewal of its franchise;
.
WHEREAS, the County has also considered and analyzed the plans of Grantee for the
construction and operation of its Ca~le System and found the same to be adequate and feasible in
view of the needs and requirements of the area to be served by the respective Cable System;
WHEREAS, the County has determined that it is in the best interest of and consistent
with the public convenience and necessity of its residents to grant a franchise to Grantee to
operate a Cable System within the specified franchise area within Collier County and on the
tenns and conditions hereinafter set forth; and,
WHEREAS; Grantee desires to construct and operate a Cable System consisting of fiber
optic, coaxial and multi-pair cables along portions of the County's right-of-way.
Section 1.
Findings
Pursuant to the procedures in the Cable Act, Section 166.046 FS, and Chapter 30 ~ 28(t)(1) of the
Collier County Code, the Grantor has held a public hearing ~here the following issues related to
granting a cable television franchise to Grantee were considered: (I) the economic impact upon private
property within the County; (ii) the public need for such franchise; (Hi) the capacity of public
rights-of-way to accommodate the cable system; (iv) the present and future use of the public rights-of-
way to be used by the cable system; (v) the potential disruption to existing users of the public rights-
of-way to be used by the cable system and the resultant inconvenience which may occur to the public;
. (vi) the financial ability oflhe franchise applicant to perfonn; (viii) the experience of the
June 23. 1997
Agenda Item No. 17D
September 13. 2005
Page 17 of 47
.,
applicant in the erection, operation and maintenance of a CATV system, (ix) the technical quality and
completeness of the proposed plan for operation of the cable system, (x) the legal, character,
financial, technical and other qualifications necessary to construct., own and operate a cable
television system, and (xi) other societal interests as are generally considered in cable television
franchising. The Grantor has determined to grant a cable television franchise to Marco Island Cable,
Incorporated on the tenus and conditions set forth in this Agreement.
NOW, THEREFORE, the parties agree as follows:
Section 1.
Definitions
For the purposes of this Franchise, the following terms, phrases, words, and abbreviations shall
have the meaning given herein. When not inconsistent with the context, words used in the
present tense include the future tense, words in the plural include the singular, and words in a
particular gender shall include each of the other gender. The words "shall" and "must" are
always mandatory and not merely directory .
2.1 .. Access" shall mean the availability of the cable system for use by various agencies,.
institutions, organizations, groups and individuals in the community, including the County and
its designees of the cable system to acquire, create and distribute programming not under the
Grantee's editorial control, including:
r-')
2.1.1 "Educational Access" shan mean access where schools are the primary or
designated programmers or users having editorial control over their programming;
2.1.2 "Governmental Access" shall mean access where governmental institutions or
their designees are the primary or designated programmers or users having
editorial control over their programming; and
. 2.1.3 "PEG Access" shall mean public access. educational access, and governmental
access, collectively.
2.2 "Affiliate, It when used in relation to any person, shall mean another person who owns or
controls, is owned or controlled by, or is under common ownership or control with. such person.
2.4 "Basic Cable Service It or "Basic Service" shall mean any service tier which includes
the retransmission of local television broadcast signals and access channels. This definition shall
be deemed to change consistent with any changes in the definition of this term by the Federal
Communications Commission.
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June 23. 1991
2
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Agenda Item No. 170
September 13, 2005
Page 18 of 47
2.5
"Cable Operator" shall mean any person or group of persons:
a) who provides Cable Service over a Cable System and directly or through one or more
. affiliates owns a significant interest in such Cable System, or
b) who otherwise controls or is responsible for, through any arrangement. the
management and operation of such a Cable System under a Franchise with Collier
County.
2.6 "Cable Service" shall mean:
a) the one-way transmission to Subscribers of (a) video programming; or (b) other
programming services, and,
b) subscriberinteractio~ if any, which is required for the selection or use of such video
programming or other programming services.
2.7 "Cable System" shall mean a facility, consisting of a set of closed transmission paths
and associated signal generation, reception, and control equipment that is designed to provide
Cable Service and which includes video progmmming and other lawful communications services
and which is provided to multiple subscribers within a community, but such term does not
include:
a) a facility that serves only to retransmit the television signals of one (1) or more
television broadcast stations;
b) a facility that serves subscribers without using any public right--of-way;
c) a facility of common carrier which is subject, in whole or in part, to the provisions of
47 U.S.C. 9201-226, except that such facility shall be considered a cable system (other
than for purposes of 47 U.S.C. ~541(c)] to the extent such facility is used in the
transmission of video programming directly to Subscribers; and
d) any facilities of an electric utility used solely for operating its electric utility system.
2.8 "Channel" shall mean a 6 MHZ band of analog frequencies, or future encoding
standard, in the electromagnetic spectrum (or any other means of transmission, including but not
limited to optical fibers, which is capable of carrying the equivalent signal or signals), and
includes uses of aU or any portion of such band of frequencies for digital video/television signals.
2.9 "County" shall mean the Collier County, Florida or the area within the present county
limits and such territory outside of the County over which the County has jurisdiction or control
by virtue of any law.
June 23. 1997
3
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Agenda'ltem No. 17D
September 13, 2005
Page 19 of 47
2.10 "County Commission" shall mean the Board of County Commissioners of Collier
County, Florida.
2.11 "Customer Service Standards" shall mean those standards adopted by the FCC and the
County (to the extent not inconsistent with those ofthe FCC), which govern the manner in which
Grantee interacts with the public and its customers.
2.12 "FCC" shall mean the Federal Communications Commission or any successor agency.
2.13 "Franchise" shall mean an initial authorization, or renewal thereo~(including a renewal
ofan authorization which has been granted subject to 47 U.S.C.fi S46), issued by the County,
whether such authorization is designated as a Franchise, pennit, license, resoliltion, contract,
certificate, agreement, or otherwise, which authorizes the construction or operation of a Cable
System but neither supersedes nor takes the place of any license, license fee or pennit
authorization which might otherwise be required for the privilege of transacting business within
the County.
2.14 "Franchise Fee" shall mean an annual fee of five percent (5%) of Grantee's Gross
Revenues paid for the use and occupation of the County's rights-of-way.
2.15 "Grantee" or "Franchisee" or "Company" shall mean the person, firm, or
corporation to whom a Franchise, as hereinabove defined, is granted by the County and any
lawful successor, transferee or assignee of said person, rum, or corporation.
2.16 "Gross Revenues.. shall mean all revenue encumbered at the time oCsale [billing] by the
Grantee, arising from or attributable to the sale of cable television video or audio program
services, videotext services and video games provided by Grantee within the County or derived
from its operation within the County. Such revenue includes, but is not limited to fees charged to
subscribers for any video and/or audio program sezvice; installation, discoMectiOn, reconnection
or service maintenance agreements; equipment rental; leased spectrum; advertising sold by
either the Grantee or its agent; and signal carriage [e.g. home shopping services; mlUketing,
launch and retranSmission] agreements. The swn of the aforementioned shall be the basis for
calculating the Franchise Fee imposed pursuant to Section 6 herein. Excluded are revenues
related to: refunds; bad debt; equipment deposits [e.g. customer tenninal devices]; any sales,
excise or other tax collected by Grantee on behalf of any governmental uni~ reimbursements for
expenses (e.g., returned check fees, and copy expenses); or items excluded by local, state or
federal law .
With regard to non-video telecommunication services to subscribers that the Grantee may
provide through the cable system, the Grantor reserves all rights it has now or subsequently
acquires with respect to the regulation oCnon-video telecommunication services, including, but
not limited to, the right to charge a franchise fee or other fonn of consideration or compensation,
June 23. 1997
4
Agenda Item No. 170
September 13, 2005
Page 20 of 47
.
provided that such terms and conditions and such franchise fee or other form of consideration or
compensation are consistent with Federal and State law, if applicable to these non-cable services.
2.17 "Initial Service Area" shall mean that geographical area bounded by Marco Island
within the unincorporated limits of the County as of the date of acceptance of this Franchise.
2.18 "Iilteractive on-Demand Servicesll shall mean a service providing video programming
to subscribers on an on-demand basis, but does not include services providing video
programming pre-scheduled by the programming provider;
2.19 "Institutional Network or I-Net"shall mean a communication network for the provision
of video services, voice transmissions and data transmissions which is generally available only
to subscribers who are not residential subscribers;
2.20 "Other Communications Service" shall mean information audio, video, data.,
telephony, Internet access, text service, electronic corrununication [e-maiI1 or any other lawful
service that Cable Operator makes available for purchase by Subscribers;
2.21 "Penon" shall mean an individual. partnership, association, limited liability company,
joint stock company, trust, corporation, or governmental entity;
.
2.22 "Public, Educational or Governmental Access [PEG) Use or Programming" and
other similar formulations of these terms shall mean non-commercial and/or not-for-profit use by
education, government and public [community] television providers of channels on the cable
system to convey jnfonnation to the public.
2.23 "Public Buildings" shall mean public supported K-l2 schools, Federal State, County,
County and Town government owned or leased buildings.
2.24 "Educational or Governmental Access Facilities" shall mean:
a) channel capacity designated for educational and governmental use; and,
b) facilities and equipment for the use ofsuch channel capacity.
2.25 "Public Way and Rigbt-Or-Way" shall include the surface, the air space above the
surface, and the area below the surface of any public street, avenues, highway, lane, path, alley,
sidewalk, boulevard, drive, bridge, tunnel, parle, parkways, squares, viaducts, waterways,
greenways, utility easements, and other public property now or hereafter held by the County or
the State which shall entitle the County and the Grantee to the use thereof for the purpose of
installing and maintaining the Grantee's Cable System. No reference herein, or in any franchise,
to the "public way" shall be deemed to be a representation or guarantee by the County that its
II title to any property is sufficient to permit its use for such. purpose, and the Grantee shall, by its
June: 23. 1997
s
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Agenda Item No. 17D
September 13, 2005
Page 21 of 47
use of such tenns, be deemed to gain only such rights to use property in the County as the
County may have the undisputed right and power to give or as granted by Federal or State law.
2.26 "Reasonable Notification'. shall mean 14 business days for all non financial related
matters and thirty (30) business days for financiaJ matters.
2.27 "Residential Subscriber" shall mean a subscriber who receives service in an individual
dwelling unit or multiple unit dwelling, where the service is not to be used in connection with a
business. trade or profession.
2.28 "Subscriber" shall mean any person or entity lawfully receiving any portion of the Cable
Service ofa Grantee pursuant to this Franchise.
2.29 "Service Tier" shall mean a category of Cable Service or Other Communications
Services provided by a Cable Operator and for which a separate r:ate is charged by the Cable
Operator;
Section 3.
~raacbJse Tenitory and Inidal Se~~ ~
3.1
The cable television franchise granted pursuant to this Agreement shall be limited to the
geographic area of the Marco Island Florida to be served by the franchise Grantee, and
the specific public ways necessary to serve such areas. The cable television Grantee shall
not exclude from its services any high-cost (per customer) area" any rural location, or any
person based on that person's income
3.2 The Grantee's Initial Service Area is further defined in Section II.
. .
3.3 Attached as Exhibit A and incorporated by reference as if fully set forth herein, is the
Grantee's application to serve Marco Island's government, commercial, business and
residential properties.
Section 4.
Nature and Terms of Grant
4.1 County does hereby convey to the Grantee a site specific franchise to construct and
operate a Cable System, using owned and/or leased facilities. which may be located in the
County rights-of-way.
4.2 Notwithstanding, Grantee may. in its sole discretion, elect to lease fiber optic, coaxial and
multi-pair cable and other cable communication facilities or program services from other
County franchised providers ofeable Service to support the operation orits Cable
System.
June 23.1997
6
Agenda Item No. 170
September 13, 2005
Page 22 of 47
.
4.3
The franchise granted herein shall run for a term of seven (7) years commencing upon
acceptance by grantee.
4.4 Whenever any existing electric utility. cable facility or telecommunications facility is
located underground within a public way of the County, a franchiscc with permission to
occupy the same public way must locate its cable television facilities underground at no
cost to the County.
4.5 Whenever any new or existing electric utilities, cable facilities or telecommunications
facilities are located or relocated underground within a public way of the County, each
Grantee that currently occupies the same public way shall relocate its facilities
underground at no cost to the State or County. Absent extraordinary circumstances or
undue hardship as determined by the County Franchise Administrator and the County's
Public Works Administrator or hislher designee, each such relocation underground must
be made concurrently to minimize disruption of the public ways. If the existing Grantee
does not relocate concurrently, then it must relocate underground within a reasonable
period of time, which shall not be later than the end of the grant tenn unless an extension
of time is granted by the County's Franchise Administrator with concurrence by the .
County's Public Works Director.
4.6
All franchisees are required to obtain construction permits for cable system facilities.
provided however. that nothing in this Ordinance shall prolu'bit the County and a
franchisee from agreeing to an alternative plan review. permit and construction
procedures, provided such alternative procedures provide substantially equivalent
safeguards for responsible construction practices.
-
4.7 The Grantee shall make its cable television services available to any customer within its
service area who shall request such service, without discrimination as to the terins,
conditions, rates or charges for grantee's services; provided, however, that nothing in this
Section shall prohibit a franchisee from making reasonable classifications among
differently situated customer groups.
4.8 Each franchisee shall make its cable television services available to the County at its most
favorable rate for similarly situated users, unless othelWise expressly provided otherwise
in the agreement
4.9 For the purpose of and to the extent required to accomplish transporting I-Net and PEG
access channels, the Grantcc shall interconnect its cable system with other systems in
nearby areas, upon the directive of the County's Franchise Administrator. To fulfill this
obligation, the Grantee shall familiarize itself with all technical requirements needed to
cause such interconnection.
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June 23. 1997
7
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Agenda Item No. 17D
September 13, 2005
Page 23 of 47
4.9.1 Interconnection of the systems may be accomplished by direct hard cable
connection, microwave link, satellite, or other appropriate means.
. 4.9.2 Upon receiving a directive from the County's Franchise Administrator to
interconnect, the Grantee shall immediately initiate negotiations with the other
affected system(s) in order that aU costs may be shared equitably among the
Grantees for both construction and operation of the interconnection link. Such
interconnection shall be made within the time limits as established by the
CountYs Franchise Administrator
4.9.3 The Grantee may be accorded reasonable extensions of the time to interconnect,
or the County may rescind its order to interconnect upon petition by one or more
franchised cable operators to the County. The County shall grant the request if it
finds that the Grantees had negotiated in good faith and had failed to obtain
approval from the other affected Grantees, or the cost of interconnection would
necessarily cause an unreasonable or unacceptable increase in subscriber rates.
4.9.4 The Grantee shall cooperate with any interconnection corporation, regional .
interconnection authority or local. State and/or Federal regulatory agency
established for the purpose of regulating, fmancing, or otherwise providing for the
interconnection of cable systems beyond the boundaries of the County.
4.10 A new franchise application shall be required by the Grantee to amend this Gtant should
the Grantee desire to extend its service area or to locate its cable television facilities in
public ways of the County which are not expressly included in this Grant
4.11 If ordered by the County to locate or relocate its cable system facilities in public ways not
included in a previously granted franchise, the County shall grant a franchise amendment
without further application to facilitate such ordered changes.
4.12. No franchise shall be renewed until all ongoing violations or defaults in the grantee's
perfonnance of the franchise agreement, or of the requirements in this Ordinance, have
been cured, or a plan detailing the corrective action that will be taken by the Grantee has
been approved in writing by the County's Franchise Administrator.
Section 5.
Customer Service Standards
County has determined that it is in the best interest orits residents and consistent with the public
convenience and necessity to adopt Customer Service Standards for the provision of cable
services by the Grantee. The Grantee shall operate its Cable System in a manner consistent with
the County's Consumer Protection Provisions, Collier County Code, Chapter 30 ~ 55, to the
extent that such provisions are not inconsistent with those of the FCC.
June 23. 1997
8
Agenda Item No. 170
September 13, 2005
Page 24 of 47
e
Section 6.
Compensation, Auditing and OtberPaymenu
6.1 Grantee shall pay the County throughout the tenn of this Franchise. as compensation, an
annual Franchise Fee of five.percent (5%) of the Grantee's Gross Revenues.
6.2 All such payments of Franchise Fees shall be payable monthly in accordance with
Chapter 30-28(k)(2) for the preceding month. Franchise Fee payments shatt be
accompanied by a report itemizing and setting forth the revenues/receipts and showing
the calculation of the payment due for the preceding period as set forth in Exhibit C.
6.3 The payment of the Franchise Fee by the Grantee is for the right to construct and operate
its Cable System, as defined herein, within the County' public right-of-way and is in lieu
of a right of way use or encroachment fee.
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6.4 The County, on an annual basis, shall be furnished a statement within ninety (90) days of
the close of the calendar year, certified by an official of the franchisee responsible for the
Cable System's financial statements, reflecting the total amounts of Gross Revenues as
defined herein, and all payments, and computations for the previous calendar year. Upon
ten (10) days prior written notice, the County shall bave the right to conduct an
independent audit of Grantee's records. u; after resolving any dispute arising from such
audit, Grantee has made a Franchise Fee underpayment oftbree percent (3%) or more, the
Grantee shall assume all reasonable costs of such audit. In other events, the County shall
bear all costs and fees, associated with any such audit
6.5 All Grantee's books and records concerning its Gross Revenues and its calculation of
payments to the County, shalt be available for inspection by an appropriate officer of the
County, or its designee, at reasonable times to determine the amount of compensation due
to the County from Grantee under this Franchise. Such records shall be kept so as to
accurately show the same. Grantee shall prepare and make available to the County at
times reasonably requested by the County and in the fonn prescribed by the County after
consultation with the Grantee, such reports with respect.to its Cable System and the Gross
Revenues derived therefrom, as the County may deem reasonably necessary or
appropriate.
6.6 In the event Grantee makes an under payment or in the event Grantee fails to make any
payment on or before the date it is due, Grantee shall pay interest at a rate of one percent
(1 %) per month on any such under payment andlor late payment Interest shall not
accrue, with respect to under payments, until such time that the Grantee is notified about
any alleged underpayment by the County.
6.7 Consistent with federal requirements, the Grantee shaH file no less frequently than
annually any tariffs, amendments, or modifications affecting the sale of its services and
_ subscriber terminal equipment and shall provide written notification to the County within
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thirty (30) days of any proposed changes. The Grantee shall also provide to the County
copies ofall filings, reports and petitions to local, state, or federal regulatory agencies.
The Grantee, at its option, may discharge its obligation to provide an Institutional
Network and/or related services for the County by providing an annual gran~ to be paid
upon Acceptance of Franchise (Section 39 herein) and each anniversary of the franchise
grant, in the amount of $3600 per location., identified in Exhibit B [as amended from time
to time), passed by the Grantee's cable system. This fee is to reimburse the reasonable
costs incurred by the Grantor for the services and expenses associated with the provision
of voice, video and data services by third parties (including, but not limit to,
telecommunication equipment, recurring line charges and independent consultants) by
Grantor or for any other lawful purpose to public buildings within the'Grantee's initial
service area. Furthennore, the parties agree that any cost to the Grantee associated with
providing these funds under this Franchise, including without limitation, the amounts set
forth herein are not part of the Franchise f~ and fall within one or more of the
exceptions to 47 U.S.C. 542.
Section 7.
Public Right-of.Way Use Conditions
7.1
Unless otherwise specified in a franchise agreement, all facilities shall be constructed,
installed and located in accordance with the following terms and conditions:
7.1.2 The County, at its sole discretion, may require at not cost to the County the
Grantee to locate and identify its cable television facilities within the public
rights-of-way.
7.1.3 The County reserves the right, upon reasonable notice, to require the Grantee at its
expense to protect, support, temporarily disconnect, relocate or remove from the
County's street any property of the Grantee by reason of traffic conditions, public
safety, street constroction, real or planned excavation, change or establishment of
street grade, installation or planned. installation of sewers, drains, water pipes,
power and/or communication lines, tracts, or other types of structure or
improvements by governmental agencies or any other structures proposed for
public improvement. Reasonable notice for this provision means at least ninety
(90) days, except in the case of emergencies where no specific notice period shall
be required. The County shall endeavor to notify and seek comment from the
Grantee with respect to minimizing disruption to the Cable System, where public
works projects may affect the Grantee's cable system.
7.1.4 Cable Television facilities shall be installed within an existing underground duct
or conduit whenever available excess capacity then exists within such utility
facility.
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7.1.5 A franchisee with pennission to install overhead facilities shall install its cable
system facilities on pole attaclunents to existing utility poles only, and then only if
surplus pole space is then available to that franchisee.
7.1.6 Whenever a public way exists to accommodate the Grantee's system, the Grantee
shall not locate its facilities off the public right of way and shall make evezy effort
to locate its telecommunications facilities within the public way before seeking
private easements within the County. The Grantee, at no cost to the County oCthe
State, shaU'relocate its facilities and appliances which are in conflict with County
projects to upgrade or construct roadways.
7.1.7 The Grantee sballlocate, place and constn1ct its cable system facilities so as not to
interfere with the construction, location and maintenance of sewer and/or water .
mains, lines or connections. The Grantee shall take appropriate preventative
measures to protect existing facilities within the public rights-of-way.
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7.1.8 Grantee shall restore and replace landscaped areas, pavement, pedestrian lighting,
sidewalks, curbs, gutters or other facilities damaged by the Grantee and. or its .
contractors with like material to their fonner condition at the Grantee's expense,
and shall thereafter, from time to time, but no longer than one (1) year from the
completion of the job, readjust, fill and finish the same as may be necessary due to
settling of the earth associated with the Grantee's disruption of the public way.
7.1.9
Should the installation of new cable system facilities exhaust the capacity of
existing ducts, conduits, manholes and other facilities within a public street or
utility easement to reasonably accommodate future facilities, the Grantee shall at
that time provide additional ducts, conduits, manholes and other facilities for
nondiscriminatory access to future users of the public way.
7.1.10
The Grantee shall adhere to all Federal, State and local laws, rules and regulations
regarding the location, construction, and maintenance afits cable system facilities
within the public right-of-way.
Section 8.
Franchise - Not Exclusive
This Franchise shall be non exclusive. The County reserves the right to grant franchises to other
persons at any time or construct, operate and repair a cable system itself or to contract with any
other person for the use of the County streets or property for the operation of other cable systems.
Section 9.
No-Waiver
9.1
The failure of the County, upon one or more occasions. to exercise a right or to require
compliance or perfonnance under this Franchise or any other applicable. law shall not be
It
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deemed to constitute a waiver of such right or a waiver of compliance or perfonnance~
unless such right has been specifically waived in writing.
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9.2
Waiver of a breach of this Franchise or any section of Chapter 30 of the Collier County
Code shall not be a waiver of any other breach. Neither the grant of this Franchise nor
any provision herein shall constitute a waiver or bar to the exercise of any governmental
right or power of the County.
Section 10. Regulation
10.1 The County Commission shall be vested with the power and authority to reasonably
regulate the exercise of the privileges permitted by this Franchise in tile public interest.
Any failure by the County to promptly enforce compliance with this Franchise in
accordance with federal, state and loealtaws and ordinances shall not relieve Grantee of
its obligation to comply with any provision of this Franchise.
10.2 The Grantee's rights, without limitation upon the County's regulatory authority, pursuant
to the Communications Act of 1934, as amended or any other subsequent federal or state
law, shall not be abrogated or otherwise limited.
10.3 Following reasonable notice, the County reserves the right to inspect the installation and
I~ maintenance of the Cable System.
10.4 The Grantee shall comply with all federal, state and local regulations, applicable. to its
Cable System, such as the National EJectrical Code, National Electrical Safety Code,
Fiber Optic Cable Installation Specifications, 1987 [Telecommunication Industry
Committee], traffic safety/lane closure rules and construction requirements promulgated
by the County.
Section 11. Cable System Desi&D and Construction
11.1 The Cable System shall generally confonn to the system design and channel capacity
specifications set forth on Exhibit A hereto. At a minimum, the Grantee shall construct a
550 MHz cable television signal transportation system. The Grantee is pennitted to
modify its design and implementation plan, pursuant to the conditions provided herein., to
accommodate technological irmovations and refinements which enhance system
reliability and capacity.
11.2 The cable television network shall satisfy aU FCC standards for Cable Systems.
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11.3 Construction Schedule
11.3.1 The initial service area includes a portion of North Collier Boulevard.
Construction and the provision of cable service in this area shall be completed and
be fully operational no later than January 1. 1998.
11.3.2 A secondary service area includes the following streets: Saturn Court, Greenbrier
Street, Dandelion Court. W'mtergreen Court, and Manor Terrace. Construction
and the provision of cable service in this area shall be completed and be fully
operational no later than January 1. 1999.
11'.3.3 In addition to Section 11.3.2. the Grantee shall extend its cable system annually to
pass, no fewer than 100 single family home sites annually for each of the second
(2nd) through sixth (6th) years of the franchise teon. To qualify. this extension
shall take the form of trunk and feeder cable, complete with all active and passive
devices. including pedestals and service taps.
11.3.4 The definition of subsequci:nt serviccareas beyond thOse provid&l (or in Sectigns
1.1.3.1..3, wbich shall resulting in a fidl build out of MarcO Island, where.the
. . I . . .._" . ...._. ~ .. f" m"'.".,
dwelling density is greater than- 20 homes per mile, shall be negotiated oii'each
anniversary of the ftaDchise grant inti shall be subject to:
e
a) the franchise modification provisions of Section 33.4 herein;
b) Chapter 30 i 42(a)(2) and f 42(e) of the Collier County Code;
c) the ability of the Grantee to demonstrate the financial capacity to undertake and
successfully complete each successive phase; and
d) a commensurate extension of the franchise term to complete each partial build
out until such time that the Grantee fully builds out Marco Island, but at no time
shall the franchise term, including extensions, exceed fifteen (is) years.
11.3.5 The County, may at its discretion, grant reasonable extensions of time to complete
the construction projects.
Section 12. Initial and Continuing Tests
12.1 The Grantee shall perform all tests necessary to demonstrate compliance with the
requirements 47 C.F.R 76 subpart K. All tests shall be conducted in accordance with the
FCC's rules.
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12.2 All construction maps, shall be provided to the County no less th,anten {to} days prior to
the commencement date of the upgrade. "AB built~~ maps shall be provided no more than
thirty (30) days following the conclusion of constnlcnon for each grid. Such maps should
designate the location of Grantee's facilities in a mutually acceptable form.
Section 13. PubUc Education and Government Access Provisions
13.1 The Grantee shall set aside two (2) channels of its transroission capacity for public
interest PEG access channels on the residential distribution system.
13.1.1 The franchisee agrees to provide the County with PEG access equipment grant,
calculated at five dollazs ($5.00) per subscriber for the purchase of television
production equipment to be used at the sole discretion of the County. The
subscriber count shall be set on the third (3rd) anniversary oftbis Agreement.
The County agrees to provide necessary personnel at its expense to operate the
PEG access channels and provide for the use of such facilities.
13.1.2 The Grantor, at its option 1 and consistent with public need, has determined that
the existing PEG channel shall be carried by the Grantee on its cable system.
13.1.3 The Grantor, or its designated access management entity shall provide the Grantee
at least ninety (90) days prior notice of the required activation of new PEG access
channels.
13.1.4 PEG access signal transportation on the Grantee's cable system or interconnection
facilities shall be provided without charge to the Grantor or the A~ Center
from the point of origination, upstream to the Grantee's interconnecting hub site
for downstream distn'bution on the cable system to subscribers.
13.1.5 One (l) upstream channel shall be designated, exclusive of Section 13.1 and 13.3
herein, for PEG access remote location return feeds to the Access Center; the PEG
access provider shall furnish a RF m~ulator for the return signal feed. Such
remote location return feeds shall be activated upon reasonable notice to the
Grantee by the PEG access provider.
13.1.6 In the event an activated PEG access channel becomes dark and is not utilized for .
more than twelve (12) continuing months, the Grantee, upon one-hundred eighty
(180) days written notice to the Grantor, shall have the right to reclaim the
channel. The Grantor or its access provider, shall have the right to acquire the
channel in accordance with the provisions of the Four Year Review.
I Collier County Code, Chapter 30 ~ 54(b)
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13.1.7 The government access channel, or another channel made available by the
Grantee to the Grantor for this purpose, may be used to provide "in-service" or
staff development tra!ning by either the County, County or the public schools.
The Grantor may direct the Grantee to encode this ch8lU1el so that it is only
available to facilities or individuals authorized by the Grantor.
13.2 Requirements Regarding Rules and Procedures for Use of PEG Access Channels.
13.2.1 The Grantor shall be responsible for establishing and enforcing rules for use of the
PEG access channels.
13.2.2 The Grantee may not exercise any editorial control over the content of
programming on the designated PEG access channels.
13.3 The parties agree that any cost to the Grantee associated with providing access services,
facilities, and equipment under this Franchise, including without limitation, the amounts
set forth herein are not part of the Franchise fee, and fall within one or more of the
exceptions to 47 U.S.C. fi 542.
Section 14. Institutional Network Provisions
14.1 At the request of the Grantor, the Grantee shall designate, no less than three months prior
to the commencement of upgrade construction, two fibers of the installed capacity on its
cable system within the County, exclusive of PEG channels, as an Institutional Network
(I-Net]. In the absence of fiber, the Grantee shall designate twelve (12) MHZ of the
capacity on its cable system as an institutional network. The dark fibers and the twelve
(12) MHZ capacity on the coaxial cable portion of its cable system shall be available to
the Grantor and designated public agencies for voice, video and data transmission
purposes pursuant to tenns and conditions described herein. The Grantor shall designate
the locations, attached as Exhibit B and incorporated by reference as if fully set forth
herein, to be served by the Institutional Network. The Institutional Network shall be
reserved for exclusive use by the Grantor and designated public agencies.
14.2 The Grantor may, at its sole discretion, either: a). purchase or b) lease at the
marginal cost any portion of such designated I-Net capacity, excluding PEG
channel signal carriage.
14.2.1 Upon reasonable notice, the Grantee shall extend, without cost to the County, the
I-Net to any public building located within Grantee's cable system service area
and located two hundred feet (200 ') or less from the Cable System.
14.2.2 Grantee shall cooperate with the Grantor and its agents in designing and selecting
components necessary to implement its applications an~ if requested, shall
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furnish terminal equipment at Grantee's cost, provided that the Grantee is
reimbursed for this expense by the Grantor.
14.2.3 If in the future the Grantor desires to have the I-Net extended beyond that which
is anticipated herein, Grantee agrees to charge the Grantor on a time and materials
basis (including overhead costs) for the construction of such additional I-Net
facilities.
14.2.4 If such I-Net designated capacity remains unused, the Grantee may use such
capacity by presenting the Grantor a right of first refusal. The Grantee shall give
the Grantor ninety (90) days written notice of its intent to exercise any right of
first refusal that the Grantee may present to the Grantor under this Section.
14.2.5 The parties acknowledge that the agreement regarding usage of the I-Net is
subject to aUlacal, state, and federal law. The Grantor or public agency agrees to
indemnify and hold harmless the Grantee from and against any and all claims,
damages, liabilities, costs and expenses, including reasonable attorney's fees and
costs directly related to the material under the Grantor's or public agency user-IS
exclusive control carried on the I-Net, including but not limited to, copyright
infringement, libel, slander, defamation, patent, trademark, or invasion of privacy
claims.
14.2.6 The parties agree that the I-Net contributions of the Grantee to the County do not
represent an in-kind payment by Grantee. or a Franchise Fee of any kind.'
Section 15. Assignment
This franchise may be assigned or a transfer of control effectuated only with the prior consent of
the County, subject to the provisions of the Collier County Code Chapter 30 ~ 42(m), the rules
of the FCC and the Communications Act of 1934, as amended.
Section 16. Remedies
16.1 In addition to any other rights set out elsewhere in this Franchise, and subject herein, the
County reserves the right to declare a forfeiture of this Franchise, and all of Grantee's
rights arising hereunder, in the event that:
16.1.1 The Grantee is found to have violated any material provision of this Franchise; or
16.1.2 The Grantee is found by a court of competent jurisdiction to have practiced any
fraud or deceit upon the County.
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16.2 The County shall give Grantee thirty (30) days written notice of its intent to exercise its
rights under this Section, stating the reasons for such action. If Grantee cures the
problem within the thirty (30) days notice period, or if the Grantee initiates substantial
effort, to remedy the slated problem. and the efforts continue in good faith, then County
shall not have the right to declare a forfeiture of the Franchise. If Grantee fails to cure the
stated violation within the thirty (30) days notice period. or if the Grantee does not
undertake efforts satisfactory to the County. to remedy the stated violation, then the
County, upon reasonable notice, may impose any or all of the remedies available herein.
Section 17. Expiration and Renewal
Renewal of this Franchise shall be governed by Federal law.
Section 18. Confidential InformatioD
Grantee may identify infonnation, such as trade secrets, submitted to the County as confidential.
Grantee shall prominently mark any infonnation for which it claims confidentiality with the
word "Confidential" in letters at least one-half (Yz) inch in height, prior to submitting such
infonnation to the County. The County shall make a good faith effort to protect such
confidential information, subject to the County's obligations under local, state and federal
disclosure laws.
Section 19. Forum for Litigation
Any litigation between the County and Grantee arising under or regarding this Franchise shall
occur, if in the state courts, in the Collier County Superior or District Court having jurisdiction
thereof: or if in the federal courts, in the United States District Court for the Southern District of
Florida.
Section 20. Notice
Any notice provided for under this Franchise shall be sufficient if in writing and delivered
personally to the following addressee or deposited in the United States Mail, postage prepaid,
certified mail, return receipt requested, addressed as follows, or to such other address as the
receiving party hereafter shall specify in writing:
[f to the County:
County Manager
Collier County
3301 Tamiami Trail East
Naples, Fl34112
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With a copy to:
Franchise Administrator
Collier County
3301 Tamiami Trail East
Naples, Fl34112
If to the Grantee:
President
Marco Island Cable, Inc.
PO Box 344
Marco Island, FL 34145
Section 21. Non-Discrimination
The Grantee shall not discriminate in any manner on the basis of age, race, sex, handicap, color,
creed, national origin, or religion.
Section 22. NOD-Divestiture
This Franchise shall not divest the County of any right or interest in the public rights-of-way..
Section 23. Letter of Credit
23.1 Within sixty (60) days following the award of the Franchise or thirty (30) days prior to
construction, the Grantee shall deposit with the County a letter of credit from a financial
institution, approved by the County's Finance Director, in the amount often-thousand
dollars ($10,000). The fonn and content of the letter shall be approved by the County
Attorney. The letter of credit shall be used to insure the faithful perfonnance of the
Grantee of all provisions of~e Franchise, and compliance with all orders, permits and
directions of any agency, commission, board, department, division or office of the
County exercising jurisdiction over the Grantee's acts or defaults, and payment by the
Grantee ofany penalties, claims, liens, liquidated damages, fees due the County.
, ,
23.2 If the Grantee fails to pay to the County any compensation, not in dispute, due the County
within the time fixed herein; or fails, after ten (10) days notice to pay to the County any
penalties, claims, liens, liquidated damages, fees due the County, such failure by the
Grantee can be remedied by demand on the letter of credit. The County may immediately
request payment of the amount due from the letter of credit. Upon such request for
payment, the County shall notify the Grantee of the amount and date thereot:
23.3 The letter of credit shall be maintained at ten.thousand dollars ($10,000) during the entire
tenn of the Franchise unless modified in accordance with the procedures provided for in
Section 33.4 (Franchise Modification) of this Agreement. In the event that amounts are
withdrawn pursuant to this Section., the Grantee, shall take any required action to restore
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the letter of credit said total amount often-thousand dollm ($10,000) within ten (10)
business days of notification by the County of its withdrawal against the lettcr of credit.
23.4
The rights reserved to the County with respect to thc letter of credit are in addition to all
other rights of the County, whether reserved by the Franchise, or authorized by law, and
no action, proceeding or exercise of a right with respect to such a letter shall affect any
other right the County may have.
23.S
The letter of credit shall contain the following endorsement:
HIt is hereby understood and agreed that IIris letter of credit
shall not be canceled by the surety nor the intention not to
renew be stated by the surety until thirty (30) dtzys after
receipt by the County, by registered mail. of a written
notice of such an intention to cancel or not to renew. "
23.6 The Grantee shall renew .the letter of credit not less than thirty (30) days prior to its
expiration and provide a copy of the renewal to the County. Failure to comply with this
provision shall entitle the County to draw down the letter of credit in its entirety.
.
Section 24. Remedies - Liquidated Damages
24.1 Because the Grantee's failure to comply with provisions of this Franchise will result in
injury to the County, and because it will be difficult to estimate the extent of such injury,
the County and the Grantee hereby agree to the following liquidated'damages, which
represent both parties' best estimate of the damages resulting from the specified injury.
Damages shall be subject to the amounts prescribed by the Collier County Code, Chapter
30 ~ 51.
24.2 The County shall stay or waive the imposition of any penalties set forth herein upon a
finding that any failure or delay is the result of an act of God or due to circumstances
beyond the reasonable control of the Grantee.
. Section 25. Remedies - Cumulative
All remedies provided under this franchise agreement or Chapter 30 of the Collier County Code
shaH be cumulative, unless otherwise expressly stated. The exercise of one remedy shall not
foreclose use of another, nor shall it relieve the Grantee of its obligations to comply wi~h the
Franchise. Remedies may be used singly or in combination; in addition, the County may exercise
any rights it has under applicable law.
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Section 26. Books and Records -Inspection
The County may inspect the books, records, maps, plans, and other documents. including
financial documents. in the control or possession of the Grantee, affiliates, or any person that
constitutes an operator of the Grantee's Cable System: (1) to enforce the County's rights or assess
compliance with the Franchise and applicable law; (2) in the exercise of any lawful regulatory
power; or (3) as may be convenient in connection with any proceeding the County mayor must
conduct under applicable law with respect to Grantee's Cable System. The material may be
duplicated at a County facility unless the County agrees to inspection and copying at some other
place. Material that the County requires Grantee to produce under this Section shall be
produced upon reasonable notice, no later than 30 days after the request for production. Requests
for extensions of time to respond shall not be unreasonably denied. .
Grantee may request that the County treat records containing trade secrets or proprietary
information as confidential under the Florida Public Records law. To the extent authorized by the
Public Records law and other applicable state and federal law, the County shall maintain the
confidentiality ofinformation designated "proprietary" by the Grantee. Should the County
receive a request to review Grantee's records or books under the Florida Public Records Law, it
will promptly notify Grantee and provide an opportunity for Grantee to raise an objection,
demonstrate why the requested infonnation is proprietary and, if necessary, seek a court order to
protect its proprietary information.
Section '27. Books and Records - Reports and Responses to Questions
27.1 Grantee shall provide the following reports to Grantor:
27.1.1 A quarterly Franchise Fee report listing revenues received. by category, in a form
attached as Exhibit C;
27.1.2 Within ninety (90) days after the close of the Grantee's fiscal year, the Grantee
shall submit a written annual report including a financial statement, including a
statement of income, balance sheet, and a statement of sources and applications of
funds which shall be certified by an official of Grantee.
27.1.3 Grantee shall file with the County any notice of deficiency, forfeiture, or other
document issued by any state or federal agency which bas instituted any
investigation or civil or criminal proceeding naming the cable system, the
Grantee, or any operator of the cable system, to the extent the same may affect or
bear on the operations of the Grantee's cable system.
27.1.4 The Grantee shall file with the County any request feir protection under
Bankruptcy laws. or any judgment related to a declaration of bankruptcy by the
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Grantee, any affiliate which controls or manages the Grantee, or any operator of
the cable system.
Section 28.
Books and Records - Maintenance
28.1 In addition to reports required by this Franchise, the Grantee shall maintain records of the
following:
28.1.1 FCC proof ofperfonnance; and
28.1.2 Monthly records demonstrating compliance with applicable Customer Service
Standards. .
Section 29. Inspection of Plant
The County may inspect the Grantee's Cable System during construction, and anytime thereafter
upon reasonable to the Grantee. If, based on subscriber complaints or its own investigation, the
County believes that the cable system may not be operating in compliance with the franchise.
agreement or applicable Federal roles, it may require Grantee to perform tests, prepare a report
and present to the County the results of those tests. The Grantee shall report each deficiency and
take prompt action to remedy it.
Section 30. Insurance
30.1 Within thirty (30) days after the effective date of the Franchise, Grantee shall provide
proof of the required insurance. The Grantee shall maintain this insurance throughout the
franchise term. Insurance shall include, in amounts not less than those provided by
Chapter 30 9 36 of the Collier County Code.
30.2 The insurance coverage obtained by this franchise in compliance within this Section shall
be approved by the County's risk management office, and copies of such insurance
policies (or certificate ofinsurance) shall be filed with the County.
Section 31. Emergency Alert
The Grantee shall install and maintain an emergency alert system [EAS] pursuant to FCC's roles
and the Florida Emergency Alert System Plan. The County or County's Public Safety
Communication Center shall be provided with access to the system so that it can communicate
emergency messages and alerts to residents consistent with the Florida Emergency Alert System
Plan. If the Grantee's cable system is exempt from the federal provisions, then the emergency
alert system shall conform to the requirements set by Chapter 30 ~ 41(d) ofthe Collier County
Code.
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.. Section 31. Service to Public Buildings
. Grantee shall, upon request, provide service to public buildings located within one hundred fifty
feet (150') of Grantee's existing distribution system; provided, however, that if adequate
underground conduit is provided by the requesting public agency, Grantee shal~ upon request,.
provide service to public buildings within two hundred fifty feet (250) ofGrantcc's distribution
system. All charges for installation and provision of Cable Services and Other Communications
Services to such public buildings shall be at Grantee's CWTel1t rate. To the extent any services
are provided without charge to any Public Building, neither the County nor any other person may
resell such services. .
Section 33. Four - Year ReView: Performance Monitoring
33.1 During the years which commence on the fourth anniversmy or any multiple thereafter, of
the effective date of the Franchise, the County may commence a review of Grantee's
perfonnance under the Franchise. As part of this review, the County may consider.
a) whether the Grantee bas complied with its obligations under the Franchise and
applicable law;
.~
(
b) whether customer service standards, technical standards, or bond or security fund
requirements are adequate or excessive; and,
c) other issues as may be raised by the Grantee, the County, or the public.
33.2 The County shall conduct public hearings to provide the Grantee and the public the
opportunity to comment on the Grantee's performance and other issues considered as part
of the four-year review.
33.3 Any revisions to the Franchise Agreement which either the County or the Grantee wishes
to make as a result of these reviews shall be proposed under the procedures established
herein.
33.4 Periodic Evaluation, Review and Modification.
33.4.1 The County and Grantee acknowledge and agree that the field of cable television
is a relatively new and rapidly changing one which may see many regulatory,
teclmical, financial. marketing and legal changes during the tenn of this
Franchise. Therefore, in order to provide for the maximum degree of flexibility in
this franchise, and to help achieve a continued, advanced and mo<lernCable
System, the following evaluation and review provisions will apply:
.
(-
Junc:23. 1997
22
Agenda Item No. 170
September 13, 2005
Page 38 of 47
e
a) The County may. upon thirty (30) days notice, request evaluation and review
sessions at any time during the term of this Agreement and Grantee shall
. cooperate in such review and evaluation; provided, however, there shall not be
more than one (1) evaluation and review session during any calendar year.
b) Topics which may be discussed at any evaluation and review session include.
but are not limited to, rates. channel capacity. the System perfonnance,
programming. PEG access. municipal uses of cable, Subscriber complaints.
judicial rulings, FCC rulings and any other topics the COWlty or Grantee may
deem relevant
c) During an evaluation and review session, Grantee shall cooperate fully with the
County and shall provide without cost such reasonable information and
documents as the County may request to perform the evaluation and review.
.
d) If at any time during the evaluation and review the County reasonably believes
there is evidence of inadequate technical performance of the Cable System, the
County may require Grantee, at Grantee's expense, to perform appropriate tests
and analyses directed toward such suspected technical inadequacies. In making
such request, the County shall describe and identify as specifically as possible the
nature of the problem and the type of test the County believes to be appropriate.
Grantee shall cooperate fully with the County in performing such tests and shall
report to the County tbe results of the tests, which shall include at least: (i) a
description of the problem in the System performance which precipitated the
special tests; (ii) the System component tested; (iii) the equipment used and
procedures employed in testing; (iv) the method, if any, by which the System
performance problem was resolved; and (v) any other information pertinent to
said tests and analyses.
e) As a result ofan evaluation and review session, the County or Grantee may
detennine that a change to the System or in the terms of the Franchise may be
appropriate. In that event, either the County or Grantee may propose
modifications to the System or the Franchise. Grantee and the County shall, in
good faith. review the terms of the proposed change or any proposed amendment
to this Franchise and seek to reach agreement on such change or amendment.
e
33.4.2 The County and Grantee shall act in good faith during such negotiations and shall
be obligated to agree to the reasonable requests of the other party for changes in
the System or amendment to the Franchise when the change or amendment is not
inconsistent with the other terms of the Franchise. or with applicable law or
regulations, and the change or amendment is technically feasible, economically
reasonable and will not result in a material alteration of the rights and duties of the
parties under the Franchise.
June 23. 1997
23
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A\
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c-
. ,
Agenda Item No. 170
September 13. 2005
Page 39 of 47
Section 34. Conflict with Cable Regulatory Ordinance
.
The provisions of the Regulatory OrdinanCe, Chapter 30 of the Collier County Code, are hereby
incotporated herein by reference as if set out in full, and form part of the terms and conditions of
this Agreement. In the event'ofany conflict between the terms and conditions of this Franchise
and the provisions of the Regulatory Ordinance; the tennsof this Franchise shall prevail. except
where conflict arises from lawful exercise of the County's police power.
Section 35. Severability
If any section, subsection, sentence, clause, phrase, or other portion of this Ordinance is, for any
reason, declared invalid, in whole or in part, by any court, agency, conunission, legislative body,
or other authority of competent jurisdiction, such portion shall be deemed a separate, distinct,
and independent portion. Such declaration shall not affect the validity of the remaining portions
hereof, which other portions shall continue in full force and effect.
Section 36. Reservation olRights
Grantor and Grantee reserve all rights that they may possess under the law unless expressly
waived herein.
Section 37. Entire Agreement
This Agreement, including all Appendices, embodies the entire understanding and agreement of
the Franchising Authority and the Company with respect to the subjectmatter hereof and merges
and supersedes all prior representatio~ agreements, and understandings, whether oral or written,
between the County and the Grantee.
Section 38. Force Majeure
In the event Grantee's performance of any of the terms, conditions. obligations or
requirements of this Franchise is prevented or impaired due to any cause beyond its reasonable
control or not reasonably foreseeable, such inability to perform shall be deemed to be excused
and no penalties or sanctions shall be imposed as a result thereof, provided Grantee provides
notice to Grantor in writing within thirty (30) days of Grantee's discovery of the occurrence of
such an event, which notice explains the circumstances. Such causes beyond Grantee's
reasonable control or not reasonably foreseeable shall include, but shall not be limited to, acts
of God, civil emergencies and labor unrest or strikes, untimely delivery of equipment. inability
June 23. 1997
24
.
.
.
Agenda Item No. 170
September 13, 2005
Page 40 of 47
of Grantee to obtain access to property easements, rights of way and inability of Grantee to
secure all necessary pennits to utilize utility poles and conduit so long as Grantee utilizes due
diligence to obtain said permits in a timely ~hion.
Section 39. Acceptance of Francbise
Within thirty (30) calendar days following the grant of this Franchise, the Grantee shall file with
the County its written acceptance of the Franchise, together with certificates of insurance and
letter of credit instruments required herein. The Grantee shall state that it agrees to be bound by
and to comply with all requirements pursuant to the provisions of this Franchise. Such
acceptance and agreement shall be acknowledged by the Grantee before a notary public, and
shall in form and content be approved by the County Attorney.
SectiOD 40. Grant
This Franchise is granted by the County to Marco Island Cable, Inc., pursuant and subject to the
conditions and requirements provided by the Chapter 30 of the Collier County Code and
applicable federal, state and local laws, rules and conditions. This Franchise bestows upon .
Grantee the authority to construct, maintain and operate a Cable System, utilizing the Public
Rights-Of-Way, to offer Cable Services and Other Communications Services within the County.
SectiOD 41. Effective Date
This Franchise Ordinance shall take effect immediately upon adoption. Passed and adopted on this the
~"d' day ofQ,.~ /, 1997.
t:'
IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed.
,..' ...... ,'''II :. .
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." ....- ''I ... i,
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..... ..Dwight E. BrobiC .~~ .....
./ ::. '1... " ~.". '~'...\..\: )
::. . _/1' : - Y
~ . .By;>"'T ...?.;.....:............~~~<~ ~
'. . .' . Deputy Clerk." .: /
.:....> /. ,:-. , .' < <./
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-. .'
"1. . ., ~'4 I ..........
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counlY seal
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
@.t.
June 23. 1997
2S
.. t
Agenda Item No. 170
September 13, 2005
Page 41 of 47
(
4
Exhibit A
Grantee's Service Area.
Cable Television Application
/1
.
Jun~ 23. 1997
27
. r
Agenda Item No. 17D
September 13, 2005
Page 42 of 47
--
Exhibit B
Government. Education and Public Agencies Scheduled
for Subscriber and Institutional Network [I-Net]
Connections and Setvices
The County has directed all cable television providers to provide sufficient I-Net capacity to
support data conununication links between and among various local government facilities it
passes is included as well. The communication links provided by an I-Net are sought to
replace existing facilities [e.g., dedicated lines leased from the telephone company, microwave
links] and to establish new data communication pathways to government offices as yet
unserved by the County's WAN.
It is expected that the I-Net shall be used to implement new services the County. bas previously
contemplated but unable to fulfill. These include, internal telephone service within the
organization, long distance by-pass service, providing an inexpensive way to reach the
County's long distance carriers, high-speed data tnnsmission and networking between remote
sites [e.g. parks, recreation, sanitation, water treatment fire stations & training center], video
conferences between remote public safety and citizen information sites. traffic information,
video arraignment, and traffic surveillance video from key intersections.
e
.'; ... . 'f:,::'~; -; ,. ".' . ..' ,;..;: ~,;. :. ;:"'" ." ,; .. ~.-. ;"~:';';'" "", '-: ...;';:, : ...~.;~.,;. ..
... . . . .CouDtyOmCe~~ciIitics '>/':'," ,.. Stree{Addrcss CATV} :I;'Ncf.
;,,:.,;..
. ~.......,.....,. : ::':,:."{;../. .......,...,.
Conwunity Development Division 2800 N. Horseshoe Drive Yes Yes
Central Library 650 Central A venue Yes Yes
Park &. Recreation 3300 Santa Barbara Blvd. Yes Yes
Golden Gate Estates Library 1266 Golden Gate Blvd. Yes Yes
Marco Island Libnty 210 S. Healthwood Yes Yes
East Naples Library 8787 Tamiami Trail East Yes Yes
Domestic Animal Services 7077 North Airport Blvd. Yes Yes
County Barn Facilities 2901 County Bam Road Yes Yes
Paries and Recreation 4701 Golden Gate Parkway Yes Yes
Parks and Recreation 623 I Arbor Blvd. Yes Yes
Parks and Recreation 11500 Danrord Street Yes Yes
Parks and Recreation 1213 Little League Road Yes Yes
Parks and Rccreation 1353 I Van Drive Yes -Yes
Parks and Recreation 150 Vanderbuilt Road Yes Yes
e
June 23. 1997
28
4
-...,
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Agenda Item No. 17D
September 13, 2005
Page 43 of 47
Parks and Reaeation 1900 Immokalee Road Yes Yes
Paries and Recreation 3SOO Thompson Drive Yes Yes
AilpOrt. Authority 2003 Main Sail Drive Yes Yes
Utilities Department 371 2nd StreetSE Yes Yes
Utilities Department 5600 Warren Street Yes Yes
Utilities Department 561 Wilson St. North Yes Yes
Public WorksIWW Collections 6027 Shirley Road Yes Yes
Airport Authority 650 Airport Road Yes Yes
Utilities Depar1mCnt 8OOTerylRoad Yes Yes
Utilities Department 800S Vanderbuilt Dr. Yes Yes
Utilities Department 841 7th Street SW Yes Yes
.
Utilities Department 891 1st Street SW Yes Yes
. Yes
Ulilities Department 891 3nl Street SW Yes
Utilities Department 891 5th Street SW Yes Yes
Media One and Time Warner Cable cUlTently provides subscn"ber cable television services to a
number of these locations. The County has the necessity to a) preserve the existing connections,
b} migrate existing data telephone or microwave connections to the I-Network, and c) add new
sites to the I-Network as time, funds, project priorities and service requirements dictate. .
The County's Infonnation Services staff shall work closely with Marco Island Cable's engineers
to prepare a transition and deployment plan to provide an orderly transition and deployment ofI-
Net services to the aforementioned sites within the Grantee's service area. The site locations
identified herein reflect "county wide" connections and as such do not constitute an inclusive list.
New sites may be added while others are decommissioned. I-Net communication facilities may
be up or downgraded to parallel changing requirements. The aforementioned list, at best.
represents a long term [ten-year] service deployment scheme. Some locations serve more than
one County department, consequently, it may be possible to use a single I-Net cOMcction to
serve the office complex.
June 23. 1997
29
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Exhibit C
Monthly Franchise Fee Reporting Schedule
(Typical Fonnat-Subject to Modification)
Cable Operator
Address
Contact Person
Title Accounting Department
Phone
Subscriber Detail
1.1 Basic I Average Subscription Units
1.2 Basic Service Rate
1.3 CPST Average Sub. Units
1.4 CPST IT Rate
1.5 Premium Senrice Average Units
1. 6 Premium Service Rate
1.7 Disney Service Average Units
1.8 Disney Service Rate
1.9 Installation Average Completions
1.10 Installation Average Rate
1.11 Complimentary Accounts
1.12
Penetration Statistics
2.1 Total Homes Passed
2.2 Basic I Penetration Units
2.3 CPST Penetration Units
2.4 Premiwn Service Penetration %-age
2.5 Disney Service Penetration %-age
2.6 Chum: Average%-age
June 23. 1997
30
Agenda Item No. 17D
September 13, 2005
Page 44 of 47
Date_/_I_
Agenda Item No. 170
. ,. . September 13, 2005
Page 45 of 47
~ Gross Revenue Detail Itemization
Code
3.0 Cable Television
3.1 Basic I
3.2 CPST
3.3 Premium
3.4 Showtime
3.5 HBO
3.6 Disney
3.7 The Movie Channell
3.8 Pay Per View
3.9 FM Radio
3.10 Converter Itental
3.11 Remote Control
3.12 Cable Guide
3.13 Launch Fees
3.14 Program Carnage Fees
3.15
Revenue
/~
4.0 AlO Services
4.1 Basic I
4.2 CPST II
4.3 Premium
4.4 Showtime
4.5 HBO
4.6 Disney
4.7 The Movie Channell
4.8 Pay Per View
4.9 PM Radio
4.10 Converter Rental
4.11 Remote Control
4.12 Cable Guide
4.13 Launch Fees
4.14 Program Carnage Fees
4.15
.
(
5.0 Service Charge
5.1 Installation
5.2 AIB Switch Sales
5.3 UplDown Grades
5.4 Late Payment Fees
June 23. 1997
31
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at
., '
5.S Check Return Fees
5.6
6.0 Commercial
6.1 Bulk (MDU)
6.2 Contract
6.3
6.4
7.0 Advertising
7.1 Commercial Insertion
7.2 Barter Agreements
7.3 Homel Auto Sellers
7.4
8.0 Shopping Channels
8.1 HSN
8.2 QVC
8.3 GSN
8.4
9.0 Video Production
9.1
9.2
10.0 LeasedlRentals
10.1 L-A Channel
10.2 Facilities
10.3
lOA
10.5
Agenda Item No. 17D
September 13, 2005
Page 46 of 47
11.0 Miscellaneous
11.2 Reimbursement for Cable Damage
11.3 Equipment Sales
11.4 Launch Incentives
11.5
11.6
June 23. 1997
SUBTOTAL
FRANCHISE FEE @5%
TOTAL
32
Agenda Item No. 17D
September 13, 2005
Page 47 of 47
4
ATTEST:
MARCO ISLAND CABLE, INC.
J~.~
Susan G. Gaston .
Corporate Secretary
By lirE ck-
William R. Gaston, President
CCtl'p-scal
State of Florida )
County ofFI9fi4a} (~L.l..l <<orA
The foregoing Franchise Agreement was acknowledged before me this~~~y of June, 1997,
c::: / /' . g 6rl$7lJri
'~ byJ" :>HIJ (.' V/151'%''/.oIo AI. '-(.., i1111, who produced a Florida Driver's License
'#
as identification.
/) / . ...., j./' .
L/l..t.~~ G, ,Qc ~..,c....-.../
NOTARY PUBLIC
Approved as to form and
legal sufficiency:
4$~.. CHRIST1HA v. SlNCLAIA
r.r j-i MY CQfAIIllSQj Ice +ms8
EXI'lIIES:,Uym, 1111111
1lal1dICI1IIIU .....l'lAlk..........
BY~~ (, f A--
Thomas C. Palmer
Assistant County Attorney
June 23, 1997
.
26
Agenda Item No. 17E
September 13, 2005
Page 1 of 11
EXECUTIVE SUMMARY
Recommendation to adopt resolutions approving the preliminary
assessment rolls as the final assessment rolls and adopting same as the
non-ad valorem assessment rolls for purposes of utilizing the uniform
method of collection pursuant to Section 197.3632, Florida Statutes, for
Solid Waste Districts No. 1 and No.2, Municipal Service Benefit Units
Special Assessment levied against certain residential properties within the
unincorporated area of Collier County pursuant to Collier County
Ordinance 90-30, as amended. Revenues are anticipated to be $14,051,400.
OBJECTIVE: To have the Board of County Commissioners adopt resolutions approving
the preliminary assessment rolls as the fmal assessment rolls and adopting same as the
non-ad valorem assessment rolls for purposes of utilizing the uniform method of
collection pursuant to Section 197.3632, Florida Statutes, for Solid Waste District No.1
and District No.2 Municipal Service Benefit Units Special Assessment levied against
certain residential properties within the unincorporated area of Collier County and The
City of Marco Island pursuant to Collier County Ordinance 90-30, as amended.
.-
CONSIDERATION: On July 30, 2003, the Board of County Commissioners adopted
multi-year Resolutions for Solid Waste District No. 1 and District No.2 Municipal
Service Benefit Unit Special Assessments to set the date, time and place for a public
hearing to approve a special assessment (non-ad valorem assessment) to be levied against
properties within the above Districts. The resolutions were set for a 3-year period
beginning with fiscal year 2004 and ending with fiscal year 2006 and provided for a not-
to-exceed price of $175.00 per year through fiscal year 2006.
Staff is recommending that the Board adopt the attached Resolutions, which approves the
preliminary assessment rolls (on file with Minutes and Records, Clerk to the Board)
assessing certain properties within the identified areas in the unincorporated area of
Collier County. The final rolls will be certified by the County Attorney as directed by
prior Board action on December 19, 1995 (Agenda Item # 12C4) before it is merged with
the tax bills.
Upon adoption of the Resolutions, all assessments shall be collected pursuant to Section
197.3632, Florida Statutes, or any successor statutes authorizing the collection of such
assessments on the same bilI as ad valorem taxes.
-
FISCAL IMPACT: $153.70 per equivalent residential unit for District 1 and $144.26
per equivalent residential unit for District II. The rates were reviewed by the Board of
County Commissioners during the budget hearing in June. Funds will be deposited in
Mandatory Trash Collection Fund (Fund 473) for collection fees in the amounts of
$13,386,700 for District 1 and $664,700 for District 2. Total anticipated revenues for FY-
06 are $14,051,400.
Agenda Item No. 17E
September 13, 2005
Page 2 of 11
GROWTH MANAGEMENT IMPACT: There is no growth management impact for
this item.
RECOMMENDATION: The Board of County Commissioners adopt the attached.
Resolutions approving the preliminary assessment rolls as the final rolls and adopting
same as the non-ad valorem assessment rolls for purposes of utilizing the uniform method
of collection pursuant to Section 197.3632, Florida Statutes, for Solid Waste District No.
1 and Solid Waste District No.2 Municipal Service Benefit Units Special Assessment
levied against certain residential properties within the unincoIporated area of Collier
County pursuant to Collier County Ordinance 90-30, as amended.
PREPARED BY: Teresa Riesen, Revenue Manager, Utility Billing and Customer
Service Department
Item Number:
Item Summary;
M..tlng Om:
A~:~~a~~~ 1~~2b~~
Page 3 of 11
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
HE
Recommendalion to adopt l'eNulutions approvil1t11t1e preliminary .ssessment as the final
I!Issessmen1 rolls and adopling same as the non"ad valorem assessment 1'0119 for purpOSI!I'll of
utilizjng the uniform method of collection pursuant to Section 197.363:2, FIOfld.o Statutes, for
Solid WMste Districts No, 1 and No.2. Municipal Service 6enefh Units Special Auemsmen1
levied 8D8jns1 certl!lin residential properties 'Nithln the unincorporated areB of Collier CGunty
pursuant to Collier County Ordinance 90.30, l!lS amended. Revl'tnuMI are anticipated to be
$14,051,400,
9/13120059:00:00 AM
Date
Appro'\'ed B)'
T er"a Rie..n
Public Utllltle.a
Revenue Man;tger
UBes
8110120059:56 AM
Ollie
Approved By
Oenler R. Rodrlijuet, M,B,A. Interim SoUd WaN Direetor
8{1012005 11:02 AM
Publle Utilities Solid Wam
0...
John A. Vonkosky
Approved 8)'
Public utlUtiH
Utility BlIIing Director
uses
8/1012005 11 ~06 AM
Appro\.'ed By
Robert N, Zachnry
County Attorney
A..latllnt County Attorney
Oat.
County Attorney Office
8/101200511:08 AM
0...
Approved By
Thomas Widms
Public Utllltl.
Operation. Director
Public tJtllltiet ~rllllonB
811112005 2:30 PM
Ollie
Approved 0)
Jllmu W. Delony
Public; UtilltlCSl
Publl.. Utl/It,e, AdmHmrtrMor
Public Uttlltie. Admlniatr.Uon
8{1212OO5 12.:47 PM
0...
Apprond 8)'
OMS Coordin~Of
County M~nag$r" Office
Administrative Assiatant
Office of MQn.llgelTKllnt & BUdget
8/1512005 1:37 AM
Datil
Approved B)'
Mlchnel Smykow.k.l
Couniy Mllnll9l'l'r'. Office
l'Ihlnlllgmmsnt & Budget Oinootor
Office of Management & BUdget
8118120059:00 AM
Oat.
Approved By
leo E. Och5, Jr
Board ot County
Coml'llinfone,&
Doputy County Manager
County M.onager'n Office
8/1612005 3: 17 PM
Agenda Item No. 17E
September 13. 2005
Page 4 of 11
RESOLUTION NO. 2005 .
A RESOLUTION APPROVING THE PRELIMINARY
ASSESSMENT ROLL AS THE FINAL ASSESSMENT ROLL
AND ADOPTING SAME AS THE NON-AD VALOREM
ASSESSMENT ROLL FOR PURPOSES OF UTILIZING THE
UNIFORM METHOD OF COLLECTION PURSUANT TO
SECTION 197.3632, FLORIDA STATUTES, FOR SOLID
WASTE DISTRICT NO. 1 MUNICIPAL SERVICE BENEFIT
UNIT SPECIAL ASSESSMENT LEVIED AGAINST CERTAIN
RESIDENTIAL PROPERTIES WITHIN THE
UNINCORPORATED AREA OF COLLIER COUNTY
PURSUANT TO COLLIER COUNTY ORDINANCE NO. 90-30,
AS AMENDED
WHEREAS, the Board of County Commissioners of Collier County,
Florida, (hereinafter referred to as COUNTY), adopted Collier County Ordinance
No. 90-30, as amended, creating two (2) Municipal Service Benefit Units in the
unincorporated area of Collier County for the purpose of providing and regulating
Solid Waste Collection and Disposal Services; and
WHEREAS, the County intends to finance the Solid Waste Collection and
Disposal Services through the levy of special assessments (non-ad valorem
assessments) against residential units as defined in Collier County Ordinance
No. 90-30, as amended, that are benefited by the solid waste collection and
disposal services. Said properties are located within the boundaries of Solid
Waste District No. 1 Municipal Service Benefit Unit as described herein and in
Collier County Ordinance No. 90-30, as amended; and
WHEREAS, Section 197.3632, Florida Statutes, requires that a public
hearing be held to adopt a non ad-valorem assessment roll for purposes of
utilizing the uniform method of collection, and
WHEREAS, said public hearing was duly advertised and regularly held at
the Board of County Commissioners' Boardroom, Third Floor, Harmon Turner
Building, 3301 East Tamiami Trail, Naples, Florida, commencing at 9:00 a.m. on
September 13, 2005.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
Agenda Item No. 17E
September 13. 2005
Page 5 of 11
SECTION ONE. The Board, having met to receive and consider the
written objections of the property owners and other interested persons appearing
before the Board as to the propriety and advisability of confirming and adopting
the Solid Waste District No. 1 Municipal Service Benefit Unit Preliminary
Assessment Roll. as to the amounts shown thereon to be assessed against the
lots and parcels of land to be benefited and as to the equalization of such
assessments on a basis of justice and right, does hereby confirm such
preliminary assessment roll which excludes certain residential units that are
included in a homeowner's association or property owner's association that pays
the commercial fee for solid waste collection and disposal services for all such
units. Further, the Board adopts the preliminary assessment roll and makes it
final as the Solid Waste District No. 1 Municipal Service Benefit Unit final
assessment roll (non-ad valorem assessment roll) for the purpose of using the
uniform method of collection.
The total special assessments for the solid waste collection and disposal
services for Solid Waste District No. 1 Municipal Service Benefit Unit for FY 2006
is $153.70 per Residential Unit. The total assessments against the benefited
properties are described and set forth in the preliminary assessment roll (non-ad
valorem assessment roll) on file with Clerk to the Board, Minutes and Records.
The Board hereby confirms the special assessments (non-ad valorem
assessments) and the final assessment roll (non-ad valorem assessment roll),
which is on file with Clerk to the Board Minutes and Records.
SECTION TWO. Such assessments are hereby found and determined to
be levied in direct proportion to the special and positive benefits to be received
by the properties listed in the preliminary assessment roll (non-ad valorem
assessment roll) on file with Clerk to the Board, Minutes and Records and are
located within the Solid Waste District No.1 Municipal Service Benefit Unit which
is more particularly described as follows:
2
Agenda Item No. 17E
September 13, 2005
Page 6 of 11
LEGAL FOR DISTRICT ONE.
Beginning at the intersection of the North line of Section 6, Township 48 South, Range
25 East also known as the Lee-Collier county line and the eastern shoreline of the Gulf of
Mexico; thence easterly along said Lee-Collier county line to the northeast comer of Section 12,
Township 48 South, Range 26 East; thence north along the east line of Range 26 East, Township
48 South to the northwest comer of Section 6, Township 48 South, Range 27 East, thence east
along the north line of Sections 6, 5,4, 3, 2 and 1 of Township 47 South, Range 27 East to the
northwest comer of Section I, Township 48 South, Range 27 East; thence north along the range
line of Ranges 27 and 28 East to the northwest comer of Section 30, Township 47 South, Range
28 East, also known as the center line of Immokalee Road (CR 846); thence east along the north
section lines of Sections 30, 29, 28, 27, 26 and 25 of Township 47 South, Range 28 East to the
northeast comer of Section 25, Township 47 South, Range 28 East; thence south along the range
line for Ranges 28 and 29 East to the northeast comer of Township 49 South and Range 28 East;
thence east along the township line for Townships 48 and 49 South to the northeast comer of
Township 49 South and Range 30 East; thence south along the range line for Ranges 30 and 31
East to the northeast comer of Township 52 South and Range 30 East; thence east along the
township line for Townships 51 and 52 South to the northeast comer of Township 52 South and
Range 31 East; thence south along the range line for Ranges 31 and 32 East to the northeast
comer of Township 53 South and Range 31 East; thence east along the township line of
Townships 52 and 53 South to the northeast comer of Township 53 South and Range 34 East,
also being known as the Collier-Miami-Dade county line; thence south along said county line to
the southeast comer of Section 36, Township 53 South, Range 34 East, also being known as the
Collier-Monroe county line; thence west along said county line to the eastern shoreline of the
Gulf of Mexico; thence westerly and northerly along the waters of the Gulf of Mexico to the Lee-
Collier county line being the north line of Section 6, Township 48 South, Range 25 East and
being the Point of Beginning. Less and except all the lands located within the corporate limits of
the City of Naples and Everglades City. Also, less and except those barrier islands as described
in Ordinance No. 90-30, as amended.
SECTION THREE. Upon adoption of this Resolution all the special
assessments (non-ad valorem assessments) and all special assessments in
subsequent years for Solid Waste Collection and Disposal Services within Solid
Waste District NO.1 Municipal Service Benefit Unit shall be collected pursuant to
Section 197.3632, Florida Statutes, or any successor statutes authorizing the
collection of such non-ad valorem assessments on the same bill as ad valorem
taxes shall be billed.
SECTION FOUR. The assessments shall be final and conclusive as to
each lot or parcel assessed and any objections against the making of any
assessable improvements not so made shall be considered as waived, and if any
objection shall be made and overruled or shall not be sustained, the adoption of
this Resolution approving the final assessments shall be at the final adjudication
of the issues presented unless proper steps shall be taken in a court of
competent jurisdiction to secure relief within twenty (20) days from the adoption
of this Resolution.
SECTION FIVE. All assessments shall constitute a lien upon the property
so assessed from the date of confirmation of this Resolution of the same nature
and to the same extent as the lien for general county taxes falling due in the
3
Agenda Item No. 17E
September 13. 2005
Page 7 of 11
same year or years in which such assessments fall due, and any assessment not
paid when due shall be collected pursuant to Chapter 197, Florida Statutes, in
the same manner as property taxes are collected.
SECTION SIX. The Clerk is hereby directed to record this Resolution, not
including the referenced roll, in the Official Records of Collier County. A
recorded copy of this Resolution and the referenced roll shall be maintained on
file in the office of the Clerk to the Board, Minutes and Records.
SECTION SEVEN. This Resolution shall become effective immediately
upon its passage.
This Resolution adopted this _ day of
second and majority vote.
, 2005, after motion,
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
Fred W. Coyle, Chairman
Approved as to form
And legal sufficiency:
David C. Weigel
County Attorney
4
Agenda Item No. 17E
September 13. 2005
Page 8 of 11
RESOLUTION NO. 2005 -
A RESOLUTION APPROVING THE PRELIMINARY
ASSESSMENT ROLL AS THE FINAL ASSESSMENT ROLL
AND ADOPTING SAME AS THE NON-AD VALOREM
ASSESSMENT ROLL FOR PURPOSES OF UTILIZING THE
UNIFORM METHOD OF COLLECTION PURSUANT TO
SECTION 197.3632, FLORIDA STATUTES, FOR SOLID
WASTE DISTRICT NO.2 MUNICIPAL SERVICE BENEFIT
UNIT SPECIAL ASSESSMENT LEVIED AGAINST CERTAIN
RESIDENTIAL PROPERTIES WITHIN THE
UNINCORPORATED AREA OF COLLIER COUNTY
PURSUANT TO COLLIER COUNTY ORDINANCE NO. 9D-30,
AS AMENDED
WHEREAS, the Board of County Commissioners of Collier County,
Florida, (hereinafter referred to as COUNTY), adopted Collier County Ordinance
No. 90-30, as amended, creating two (2) Municipal Service Benefit Units in the
unincorporated area of Collier County for the purpose of providing and regulating
Solid Waste Collection and Disposal Services; and
WHEREAS, the County intends to finance the Solid Waste Collection and
Disposal Services through the levy of special assessments (non-ad valorem
assessments) against residential units as defined in Collier County Ordinance
No. 90-30, as amended, that are benefited by the solid waste collection and
disposal services. Said properties are located within the boundaries of Solid
Waste District No. 2 Municipal Service Benefit Unit as described herein and in
Collier County Ordinance No. 9D-30, as amended; and
WHEREAS, Section 197.3632, Florida Statutes, requires that a publiC
hearing be held to adopt a non ad-valorem assessment roll for purposes of
utilizing the uniform method of collection, and
WHEREAS, said public hearing was duly advertised and regularly held at
the Board of County Commissioners' Boardroom, Third Floor, Harmon Turner
Building, 3301 East Tamiami Trail, Naples, Florida, commencing at 9:00 a.m. on
September 13, 2005.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
Agenda Item No. 17E
September 13, 2005
Page 9 of 11
SECTION ONE. The Board, having met to receive and consider the
written objections of the property owners and other interested persons appearing
before the Board as to the propriety and advisability of confirming and adopting
the Solid Waste District No. 2 Municipal Service Benefit Unit Preliminary
Assessment roll, as to the amounts shown thereon to be assessed against the
lots and parcels of land to be benefited and as to the equalization of such
assessments on a basis of justice and right, does hereby confirm such
preliminary assessment roll which excludes certain residential units that are
included in a homeowner's association or property owner's association that pays
the commercial fee for solid waste collection and disposal services for all such
units. Further, the Board adopts the preliminary assessment roll and makes it
final as the Solid Waste District No. 2 Municipal Service Benefit Unit final
assessment roll (non-ad valorem assessment roll) for the purpose of using the
uniform method of collection.
The total special assessments for the solid waste collection and disposal
services for Solid Waste District NO.2 Municipal Service Benefit Unit for FY 2005
is $144.26 per Residential Unit. The total assessments against the benefited
properties are described and set forth in the preliminary assessment roll (non-ad
valorem assessment roll) on file with Clerk to the Board, Minutes and Records.
The Board hereby confirms the special assessments (non-ad valorem
assessments) and the final assessment roll (non-ad valorem assessment roil),
which is on file with Clerk to the Board Minutes and Records.
SECTION TWO. Such assessments are hereby found and determined to
be levied in direct proportion to the special and positive benefits to be received
by the properties listed in the preliminary assessment roll (non-ad valorem
assessment roll) on file with Clerk to the Board. Minutes and Records and are
located within the Solid Waste District NO.2 Municipal Service Benefit Unit which
is more particularly described as follows:
2
Agenda Item No. 17E
September 13, 2005
Page 10 of 11
LEGAL FOR DISTRICT TWO
Beginning at the northwest corner of Township 47 South, Range 27 East, Collier County,
Florida; thence east along the Collier-Lee county line also the township line to the northeast
corner of Township 47 South, Range 27 East; thence north along the Collier-Lee county line also
the range line to the northwest comer of Township 46 South, Range 28 East; thence east along the
Collier-Hendry county line also the township line for Townships 45 and 46 South to the northeast
comer of Township 46 South, Range 30 East; thence south along the Collier-Hendry county line
also the range line of Ranges 30 and 31 East to the southeast corner of Township 48 South, Range
30 East; thence west along the township line for Townships 48 and 49 South to the southwest
comer of Township 48 South, Range 29 East; thence north along range line for Ranges 28 and 29
East to the southwest comer of Section 19, Township 47 South, Range 29 East; also being known
as the center line of Immokalee Road (CR 846); thence west along the south line of Sections 24,
23,22,21,20 and 19 of Township 47 South, Range 28 East to the southeast comer of Section 24.
Township 47 South, Range 27 East; thence south along the range line for Ranges 27 and 28 East
to the southeast comer of Township 47 South, Range 27 East; thence west along the township
line for Townships 47 and 48 South to the southwest comer of Township 47 South and Range 27
East; thence north along the range lines for Ranges 26 and 27 East to the northwest corner of
Township 47 South, Range 27 East, being the Point of Beginning.
SECTION THREE. Upon adoption of this Resolution all the special
assessments (non-ad valorem assessments) and all special assessments in
subsequent years for Solid Waste Collection and Disposal Services within Solid
Waste District NO.2 Municipal Service Benefit Unit shall be collected pursuant to
Section 197.3632, Florida Statutes, or any successor statutes authorizing the
collection of such non-ad valorem assessments on the same bill as ad valorem
taxes shall be billed.
SECTION FOUR. The assessments shall be final and conclusive as to
each lot or parcel assessed and any objections against the making of any
assessable improvements not so made shall be considered as waived, and if any
objection shall be made and overruled or shall not be sustained, the adoption of
this Resolution approving the final assessments shall be at the final adjudication
of the issues presented unless proper steps shall be taken in a court of
competent jurisdiction to secure relief within twenty (20) days from the adoption
of this Resolution.
SECTION FIVE. All assessments shall constitute a lien upon the property
so assessed from the date of confirmation of this Resolution of the same nature
and to the same extent as the lien for general county taxes falling due in the
same year or years in which such assessments fall due, and any assessment not
paid when due shall be collected pursuant to Chapter 197, Florida Statutes, in
the same manner as property taxes are collected.
3
Agenda Item No. 17E
September 13, 2005
Page 11 of 11
SECTION SIX. The Clerk is hereby directed to record this Resolution, not
including the referenced rolls, in the Official Records of Collier County. A
recorded copy of this Resolution and the referenced rolls shall be maintained on
file in the office of the Clerk to the Board, Minutes and Records.
SECTION SEVEN. This Resolution shall become effective immediately
upon its passage.
This Resolution adopted this _ day of
,2005, after motion,
second and majority vote.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
BY:
Fred W. Coyle, Chairman
Approved as to form
And legal sufficiency:
David C. Weigel
County Attorney
4