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Agenda 12/13/2005 RCOLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA December 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. Page 1 of 10 1. INVOCATION AND PLEDGE OF ALLEGIANCE 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. November 1, 2005 - BCC /Regular Meeting C. November 7, 2005 - BCC /Hispanic Affairs Advisory Board Workshop D. November 18, 2005 - BCC/Value Adjustment Board Special Magistrate Maryann Kantor E. November 18, 2005 - BCC /Value Adjustment Board Special Magistrate Mark Pelletier F. November 18, 2005 - BCC/Value Adjustment Board Special Magistrate Stephen Cunningham 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. Advisory Committee Service Awards 5 -Year Recipients: 1. Heather Rockcastle - Emergency Medical Services Advisory Council 2. Dr. Erica Lynne - Environmental Advisory Council 10 -Year Recipients: 1. Jack Humphrey - Industrial Development Authority B. 20 Year Attendees 1. Danny Morris, Ochopee Fire Control District 2. Alamar Smiley, Building Review and Permitting 4. PROCLAMATIONS 5. PRESENTATIONS A. Presentation of the Advisory Committee Outstanding Member of the Year 2005 to Janet Vasey, County Government Productivity Committee. B. Recommendation to recognize Karla Nicol, Fiscal Technician, Human Services, as the "Employee of the Year" for 2005. 6. PUBLIC PETITIONS A. Public Petition request by Alexandra Brennan to discuss vegetation removal permit violation (Case #2005010137). B. Public Petition request by Kathy Patterson to discuss the transfer of Bembridge PUD to the Collier County Housing Development Corporation for housing development. C. Public Petition request by Donald Spanier to discuss the pending City of Naples Pelican Bay Annexation Referendum. Page 2 of 10 Item 7 and 8 to be heard no sooner than 1:00 p.m., unless otherwise noted. 7. BOARD OF ZONING APPEALS A. Petition: VA- 2005 -AR -8010 James and Margaret Fornear, represented by Clay Brooker, Esquire, are requesting an after - the -fact from Section 4.02.03.A of the Land Development Code (LDC) to allow for a 5.3 -foot encroachment into the required 10 -foot rear yard (accessory) setback, as applicable to a screen enclosure on a waterfront lot, leaving a 4.7- foot rear yard. The subject property is located at 175 Bayview Avenue, Conners Vanderbilt Beach Est. Subdivision, Unit 1, Block C, Lot 7, in Section 32, Township 48 South, Range 25 East, Collier County, Florida. 8. ADVERTISED PUBLIC HEARINGS A. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. RZ- 2005 -AR -7276: Southern Development Company, represented by Tim Hall, of Turrell & Associates, Inc., is requesting a rezone from the Agricultural (A) zoning district to the Residential Single - Family [RSF- 4(2.1)] zoning district to allow a maximum of 15 single - family residential dwelling units to be developed on the subject 7.29 acres for a project known as Briana Breeze, which equates to a density of 2.1 dwelling units per acre. The property is located at 255 Price Street, in Section 4, Township 51 South, Range 26 East, Collier County, Florida. B. This item was continued from the November 29, 2005 BCC Meeting. Recommendation to approve an ordinance amending Chapters 2 and 42 of the Code of Law and Ordinances pertaining to the appointment, composition, functions, powers, and duties of the Affordable Housing Commission and sunsetting the Citizens Advisory Task Force. C. This item was continued from the November 29, 2005 BCC meeting. Recommendation that the Board of County Commissioners of Collier County amend the State Housing Initiatives Partnership (S.H.I.P.) down payment and closing cost assistance program for first time homebuyers. D. This item was continued from the November 15, 2005 BCC meeting and was further continued from the November 29, 2005 BCC Meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-A- 2005 -AR- 7403 Grand Inn of Naples, Inc., represented by Michael Fernandez of Planning Development Incorporated requesting a rezone from the PUD zoning district to the PUD Mixed Use zoning district by revising the existing Pine Ridge Medical Center PUD Document and PUD Master Plan to reduce the commercial use to 10,000 sf, renovate the existing hotel into a condominium building with 64 residential units and change the name of the PUD. The property to be considered for this rezone is located in Section 15, Township 49 South, Range 25 East, Lot 51, Collier County, Florida. This property consists of 4.02 acres and is located at 1100 Pine Ridge Road. E. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ- 2005 -AR -7299 Community School of Naples, Inc., represented by D. Wayne Arnold, AICP of Q. Grady Minor and Associates, P.A. , and Richard D. Yovanovich, of Goodlette, Coleman and Johnson, requesting a rezone from the Agricultural (A) zoning district to the Residential Planned Unit Development (RPUD) zoning district to allow development of a maximum of 148 single - family, two- family, duplex or multi - family dwelling units in a project to be known as Manchester Square. The subject property, consisting of approximately 36.9 acres is located at 13275 Livingston Road, in Section 12, Township 49 South, Range 25 East, Collier County, Florida. Page 3 of 10 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Collier County Citizens Corps. B. Appointment of members to the Parks and Recreation Advisory Board. C. Appointment of members to the Black Affairs Advisory Board. D. Appointment of member to the Emergency Medical Services Advisory Council. E. Appointment of member to the Isle of Capri Fire Control District Advisory Committee. F. Resolution of the Collier County Board of County Commissioners supporting the Lee County Commission efforts to find solutions to Lake Okeechobee fresh water release issues. 10. COUNTY MANAGER'S REPORT A. Recommendation for the Board to consider receiving delegation of Boat Dock Permitting from the U.S. Army Corps of Engineers (USACE) (Joseph K. Schmitt, Administrator, Community Development and Environmental Services) B. Recommendation to approve an Agreement for Sale and Purchase to acquire a residential lot for expansion of the County's Bayview Park at a cost not to exceed $287,875, Project 800601. (Marla Ramsey, Administrator, Public Services) C. Recommendation to approve Professional Service Agreement No. 05 -3865 for engineering and permitting services to be provided by CH2MHill, Inc., for the six - laning of Collier Boulevard from Golden Gate Boulevard to Pine Ridge Road, Project No. 68056, CIE 13, in the amount of $ 2,028,745.00. (Norman Feder, Administrator, Transportation Services) D. This item to be heard at 10:00 a.m. Recommend Approval of Change Order for additional expenses above $700,000 for both media and production billed by Paradise Advertising at the gross amount to Contract 03 -3537 between Paradise Advertising & Marketing, Inc. and Collier County for Marketing and Advertising Collier County as a Tourism Destination in the amount of $200,000.00 for final payments for fiscal year 2005. (Jack Wert, Director, Tourism) E. Recommendation to adopt a resolution authorizing the acquisition by gift or purchase of fee simple interests and/or those perpetual or temporary easement interests necessary for the construction of roadway, drainage and utility improvements required for the expansion of Collier Boulevard (CR 951) from US 41 to Main Golden Gate Canal. (Capital Improvement Element No. 86, Project No. 60001). Estimated fiscal impact: $5,437,500.00. (Norman Feder, Administrator, Transportation Services) F. Recommendation to have the Board of County Commissioners establish a Freedom Memorial Park at the Main Government Complex in order to recognize and honor America's freedoms along with historical and cultural events. (Len Price, Administrator, Administrative Services) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS Page 4 of 10 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 and sewer utility facilities for Eckerds (Donovan Center PUD). 2. Recommendation to approve final acceptance of water and sewer utility facilities for Olde Cypress, Unit Three. 3. Recommendation to approve final acceptance of water utility facilities for Summer Lakes aka Sawgrass Pines. 4. Recommendation to approve final acceptance of sewer utility facilities for Sterling Oaks Recreation Center. S. Recommendation to approve final acceptance of water and sewer utility facilities for Sterling Oaks, Phase 2B. 6. Recommendation to approve final acceptance of water utility facilities for Sterling Oaks Recreation Center. 7. Recommendation to approve final acceptance of water and sewer utility facilities for Eagle Cove at Sweetwater Bay II. 8. Recommendation to approve final acceptance of water and sewer utility facilities for Sterling Oaks, Phase 2A. 9. Recommendation to approve final acceptance of sewer utility facilities for Grey Oaks, Unit 16. 10. Recommendation to approve final acceptance of water and sewer utility facilities for Eden at the Strand. 11. Recommendation to approve for recording the final plat of Moorgate Point, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 12. Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Mahogany Estates. The roadway and drainage improvements will be privately maintained. 13. Recommendation to approve final acceptance of water and sewer utility facilities for Tiburon Boulevard Extension. 14. Recommendation to approve the Release and Satisfactions of Lien for payments received for Code Enforcement actions. 15. Recommendation to approve final acceptance of water and sewer utility facilities for Bridgewater Bay, Unit One. 16. Recommendation to approve final acceptance of water and sewer utility facilities for Sterling Oaks, Phase 3A. 17. Recommendation to approve final acceptance of water and sewer utility facilities for Sterling Oaks, Phase 4 aka Sanctuary Pointe, Phase 2, Deer Creek, Phase 2. 18. Recommendation to approve final acceptance of water utility facilities for Twin Dolphins. 19. Recommendation to approve final acceptance of water utility facilities for Arielle at Pelican Marsh, Phase 3. Page 5 of 10 20. Recommendation to approve final acceptance of water and sewer utility facilities for Bent Grass Bend at Pelican Marsh. 21. Recommendation to approve final acceptance of water and sewer utility facilities for Heritage Greens, Phase 1 -A. 22. Recommendation to approve final acceptance of water and sewer utility facilities for Habitat Village. 23. Recommendation to approve final acceptance of water and sewer utility facilities for Glen Eden, Phase II. 24. Recommendation to approve final acceptance of water and sewer utility facilities for Glen Eden Lakes, Phase I. 25. Recommendation to approve final acceptance of water and sewer utility facilities for Forest Park, Phase 1. 26. Recommendation to approve final acceptance of water and sewer utility facilities for Eden on the Bay. 27. Recommendation to approve final acceptance of sewer utility facilities for Capistrano at Grey Oaks. 28. Recommendation to approve final acceptance of water and sewer utility facilities for Calumet Reserve at Lely Resort. 29. Recommendation that the Board of County Commissioners approve and authorize its Chairman to execute an Interlocal Agreement with the Big Corkscrew Island Fire Control and Rescue District, which will supersede a prior Impact Fee Interlocal Agreement between the parties in order to be consistent with the updated District Fire Protection Impact Fees. 30. UDP- 2004 -AR -6872 Agnoli, Barber S Brundage representing Benderson Development Company, Inc for review and approval of a Unified Development Plan (UDP) submittal per Ordinance 92-43 for a shopping center. The property is located at the intersection of Tamiami Trail North and Old U.S. 41, further described as Township 48, Range 25, Sections 15 and 16, Collier County, Florida, consisting of 21.1 Acres B. TRANSPORTATION SERVICES 1. Recommendation to approve Johnson Engineering, Inc. Invoice #1 for the time between June 28, 2005 until September 4, 2005 in the amount of $165,305.21 under ITN 04 -3583 CEI Services for Collier County Road Projects for Project No. 60018 Immokalee Road Project from Collier Blvd. to 43rd Ave. N.E. 2. Recommend that the Board Approve Change Order 5 to the contract for Professional Engineering Services by RWA, Inc. in the amount of $179,230 for the Golden Gate Parkway Six- laning Design from Airport Road to Santa Barbara Boulevard, Project No. 60027. 3. Recommendation to approve Change Order No. 2 to the construction contract with APAC- FLORIDA, Inc. for Intersection Improvements of New Market Road at Charlotte Street in Immokalee, Florida in the amount of $316,972.10. Project No. 60016, Bid No. 05 -3742. 4. Recommendation to approve Change Order No. 4 to Contract No. #05 -3812 Goodlette -Frank Road (PRR -VBR) Landscape Improvements Construction with Hannula Landscaping, Inc. (Project No. 601344) in the amount of $39,148.24. Page 6 of 10 C. PUBLIC UTILITIES 1. Recommendation to approve a Change Order to Work Order No. AB- 040 -06 -01 with Angie Brewer and Associates, L.C. in the amount of $70,098.82 under Sarasota County Contract No. 2003 -040 for State Revolving Funds Loan Procurement Services from The Florida Department of Environmental Protection for the South County Regional Water Treatment Plant 12 Million Gallons per Day Reverse Osmosis Expansion; Project Number 700971 and the Rehabilitation of Degasiflcation Towers at South County Regional Water Treatment Plant; Project Number 710221. 2. Ratify County Managers approval of Emergency Purchase Orders to Heyward Inc., Mitchell and Stark Construction Co., and Hole Montes, Inc. for the total of $312,700.00 for various equipment and services related to the critical failure of the sodium hypochlorite (bleach) tanks at the North County Water Reclamation Facility (NCWRF) 3. Recommendation to award construction contract to upgrade North County Water Reclamation Facility (NCWRF) sodium hypochlorite system to Mitchell and Stark Inc., under fixed term contract 04 -3535 for $693,154 and approve the necessary Budget Amendment for Project 739661. 4. Recommendation to approve the South Florida Water Management District Local Governmental Agreement No. OT060134 in the amount of $987,679 as partial funding for construction of the South County Regional Water Treatment Plant 20 -MGD Wellfield Expansion, Project Number 708921. 5. Recommendation to approve the South Florida Water Management District Local Governmental Agreement No. OT060135 in the amount of $1,600,000 as partial funding for construction of the South County Regional Water Treatment Plant 12 -MGD Reverse Osmosis Expansion, Project Number 700971. 6. Recommendation to approve the South Florida Water Management District Local Governmental Agreement No. OT060133 in the amount of $500,000.00 as partial funding for the North East Regional Water Treatment Plant 10MGD Reverse Osmosis (RO) Construction, Project Number 70902. 7. Recommendation to approve, execute and record a Satisfaction of a Notice of Claim of Lien for Sanitary Sewer System Impact Fee. Fiscal impact is $10.00 to record the Satisfaction of Lien. 8. Recommendation to approve the Satisfaction for a certain Water and /or Sewer Impact Fee Payment Agreement. Fiscal impact is $18.50 to record the Satisfaction of Lien. 9. Recommendation to adopt a Resolution to approve the Satisfaction of Lien for a Solid Waste residential account wherein the County has received payment and said Lien is satisfied in full for the 1995 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $20.00 to record the Satisfaction of Lien. 10. Recommendation to adopt a Resolution to approve the Satisfaction of Lien for a Solid Waste residential account wherein the County has received payment and said Lien is satisfied in full for the 1996 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $20.00 to record the Satisfaction of Lien. 11. Recommendation to approve award of bid 06 -3911 in the Amount of $771,342 to Kyle Construction, Inc., for the construction of Force Main along Manatee Road Project 73160. D. PUBLIC SERVICES 1. Recommendation to approve a budget amendment to reflect an increase in the amount of $9,000 in the Older Americans Act program and authorize the Chairman to sign a contract amendment between Collier County Board of County Commissioners and the Area Agency on Aging. 2. Recommendation to approve budget amendments totaling $858,416 to ensure continuous funding of the Older Americans Act grant for 2006. Page 7 of 10 3. Recommendation to approve South Florida Water Management District Local Governmental Agreement No. OT060123 in the amount of $100,000 as partial funding for construction of the Irrigation System at North Collier Regional Park. 4. Recommendation to adopt a Resolution repealing all previous resolutions establishing and amending parts of the Collier County Parks and Recreation Department Facilities and Outdoor Areas License and Fee Policy and establishing the policy anew. 5. Recommendation to award Work Order #WMI -FT- 3290 -06 -03 in the amount of $340,080 to WilsonMiller, Inc. for design and permitting of Orangetree Park. 6. Recommendation to award Bid No. 06 -3923 to Southeast Correct Craft for purchase and delivery of a ski boat in the amount of $33,937 7. Recommendation to award Bid #06 -3913 to Berrys Barbell and Equipment, Inc and Life Fitness for purchase, delivery, and maintenance of Fitness Equipment at an estimated FY 06 expenditure of $320,000. 8. Recommendation to accept the Ford Fleet Test Bailment contract which provides for the use of a vehicle to transport veterans to VA medical appointments. E. ADMINISTRATIVE SERVICES 1. Recommendation to Confirm and Consent to the Re- assignment of Contract Nos. 04 -3597, "Davis Blvd. Phase II MSTD Roadway Grounds Maintenance;" 05 -3686 "Part 1 Golden Gate Beautification MSTU /MSTD Roadway Grounds Maintenance and Part II - Radio Beautification MSTU /MSTD Roadway Grounds Maintenance;" and 053874 "Golden Gate Annual Landscape Maintenance" from Advanced Lawn and Landscaping Service, Inc. to FRK Enterprises, Inc. dba Advanced Lawn and Landscaping Service. 2. Recommendation to approve purchase of vehicles, equipment, and tires from Bid #04 -12- 0823 Rollover, Bid #05 -13 -0822, Bid #05 -06 -0823 and Bid #05/6 -02 -0105 as coordinated by the Florida Sheriffs Association, the Florida Association of Counties, and the Florida Fire Chiefs Association, when in the best interests of the County. 3. Recommendation to approve Amendment #3 to Contract 04 -3576, Construction Manager at Risk for the Courthouse Annex and Parking Garage, with Kraft Construction Company, Inc. resulting in a reduction of $12,500 to the Guaranteed Maximum Price. 4. Recommendation to authorize rejection of Bid No. 05 -3877 Locksmith Services. 5. Recommendation to award RFP No. 05 -3869 Elevator Maintenance to KONE Elevators and Escalators for elevator maintenance and repair. 6. Recommendation to approve the purchase of Group Insurance coverage and services for calendar year 2006. 7. Report and ratify Property, Casualty, Workers Compensation and Subrogation Claims settled and/or closed by the Risk Management Director pursuant to Resolution # 2004 -15 for the fourth quarter of FY 05. 8. Report and Ratify Staff - Approved Change Orders and Changes to Work Orders to Board - Approved Contracts. F. COUNTY MANAGER 1. Recommendation to approve a Certificate of Public Convenience and Necessity for NCH Healthcare System for non - emergency ambulance service and approve a Budget Amendment recognizing and appropriating the $250 annual renewal fee. 2. Recommendation to accept a $1,186 American Heart Association donation to Emergency Medical Services and approve a Budget Amendment to recognize and appropriate the funds. 3. Recommendation to approve a sole- source contract with eCivis for a multi -year subscription to eCivis Grants Locator in the amount of $101,317. Page 8 of 10 4. Recommendation to approve Modification #2 to Grant Agreement #05DS- 2N -09 -21 -022 between Collier County and the Florida Department of Community Affairs. 5. Recommendation to approve a Resolution approving and adopting the National Response Plan, and approving and mandating that Collier County shall use the National Incident Management System for all incident management in Collier County. 6. This item continued from the November 29, 2005 BCC Meeting. Recommend the waiver of formal competition and acceptance of a proposal from The Conservancy of Southwest Florida to provide shorebird monitoring as required by the FDEP permit for contract 05 -3854, Collier County Beach Renourishment, Project No. 905271, for a cost of $34,798. 7. Recommendation to approve a budget amendment segregating funds collected for Beach Access /Beach Park Facilities from funds collected for Beach Renourishment/Pass Maintenance Activities. 8. This item continued from the November 29, 2005 BCC Meeting. Recommend approval of Work Order Number CPE- FT -06 -06 under contract 01 -3271 with Coastal Planning & Engineering to provide construction phase engineering support and surveying for a not -to- exceed, Time and Material price of $225,000 for the City of Naples /County Beach Re- nourishment Project No. 905271 (Contract No. 05 -3854) and to waive the $90,000.00 Work Order limit. 9. Recommendation that the Board of County Commissioners declare a valid public purpose and authorize payment for specific invoices in support of Hurricane Wilma Recovery efforts in Collier County. G. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT AGENCY H. BOARD OF COUNTY COMMISSIONERS 1. Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended the 2005 Faun City BBQ at University Extension Office; $18.00 to be paid from Commissioner Fiala's travel budget. 2. Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Attending EDC's Pre - Legislative Luncheon on December 14, 2005 at The Strand Country Club; $50.00 to be paid from Commissioner Fiala's travel budget. 3. Commissioner Fiala requests Board approval for reimbursement to attend a function serving a valid public purpose. To attend Southwest Regional Delegation Forum - Issues '06 on December 16, 2005 at Florida Gulf Coast University; $40.00 to be paid from Commissioner Fiala's travel budget. 4. Commissioner Henning requests Board approval for reimbursement to attend a function serving a valid public purpose. Commissioner Henning to attend the SW Regional Delegation Forum "Issues '06" on December 16, 2005 at the Florida Gulf Coast University. $40.00 to be paid from Commissioner Henning's travel budget. 5. Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose to attend the Economic Development Council of Collier County's Pre - Legislative Luncheon on December 14, 2005 to be paid from his travel budget. I. MISCELLANEOUS CORRESPONDENCE 1. Miscellaneous Correspondence to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1. Recommend that the Board of County Commissioners approve the use of Confiscated Trust Funds for Drug Abuse Education and Prevention. Page 9 of 10 K. COUNTY ATTORNEY 1. Recommendation to approve a Mediated Settlement Agreement and Stipulated Final Judgment for Parcel Nos. 122, 822 and 922 in the lawsuit styled Collier County v. John J. Yaklich, et al., Case No. 03- 2559 -CA (Golden Gate Parkway Project 60027). (Fiscal Impact $18,652.00) 2. Recommendation that the County Assume the defense of Frederick Gonzalez in Department of Health v. Frederick Gonzalez, Bureau of Emergency Medical Services, State of Florida, Case No. 2002 -0720 arising out of and during the course of his employment with Collier County pursuant to Collier County Resolution No. 95 -632. 3. Request by the Collier County Industrial Development Authority for approval of a Resolution authorizing the Authority to make a loan to Naples Community Hospital pursuant to a Master Financing Agreement approved by the Authority and the Board in 1997 for the purpose of financing the purchase by the hospital of certain medical and other equipment used by the hospital in its health care operations. 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. Recommendation to amend Ordinance No. 93 -56, as amended, and codified in the Code of Laws and Ordinances of Collier County, Florida, as Chapter 14, Article II, which regulates and controls animals within the area of Collier County, specifically amending Section 14 -34, pertaining to license certification and rabies vaccinations for dogs, cats, and ferrets, increasing license costs, and providing an effective date. B. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Teryl H. Brzeski, represented by J. Gary Butler, of Butler Engineering, Inc., is requesting a 2 -year extension of the Pine Ridge Corners PUD. The subject property, consisting of 4.22 acres, is located north of Pine Ridge Road, 1/6 mile east of Whipporwill Lane, in Section 7, Township 49 South, Range 26 East, Collier County, Florida. C. Recommendation to approve a Resolution of the Collier County Board of County Commissioners adopting Collier Countys South County Regional Water Treatment Plant 12 Million Gallons per Day Reverse Osmosis Expansion Facilities Plan, dated October 2005; allow this Plan to be submitted to the Florida Department of Environmental Protection; and authorize County Staff to carryout responsibilities under the FDEP Low Interest Loan Program. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774 -8383. Page 10 of 10 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING December 13, 2005 Add Item 2G: September 28, 2005 — BCC/Lee County Joint Workshop with 1 -75 Expressway Authority. (Staffs request.) Withdraw Item 6C: Public Petition request by Donald Spanier to discuss the pending City of Naples Pelican Bay Annexation Referendum. (Petitioner's request.) Item 7A: The title should include: "This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members." (Staff's request.) Item 16A30: Item A5 of the General Notes on the UDP plan needs to be eliminated. The note to be eliminated reads, "The change will result in a requirement for increased stormwater retention, or will otherwise increase stormwater discharges; or ". (Staffs request.) Item 16B1: Title should read: "Recommendation to approve Johnson Engineering, Inc., Invoice #1 for the time between June 28, 2005 through October 11, 2005..." (rather than September 4, 2005). (Staffs request.) Item 16134: Title on index should read: "Recommendation to approve Change Order No. 5. . . (rather than No. 4). (Staffs request.) Move Item 16136 to 10G: Recommendation to award Bid No. 06 -3923 to Southeast Correct Craft for purchase and delivery of a ski boat in the amount of $33,937. (Commissioner Coyle's request.) Withdraw Item 16H1: Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended the 2005 Farm City BBQ at University Extension Office; $18.00 to be paid from Commissioner Fiala's travel budget. (Commissioner Fiala's request.) Move Item 17C to 8F: Recommendation to approve a Resolution of the Collier County Board of County Commissioners adopting Collier County's South County Regional Water Treatment Plant 12 Million Gallons per Day Reverse Osmosis Expansion Facilities Plan, dated October 2005; allow this Plan to be submitted to the Florida Department of Environmental Protection; and authorize County staff to carry out responsibilities under the FDEP Low Interest Loan Program. (Staff's request.) Time Certain Items: Item 10D to be heard at 10 :00 a.m.: Recommend approval of Change Order for additional expenses above $700,000 for both media and production billed by Paradise Advertising at the gross amount to Contract 03 -3537 between Paradise Advertising & Marketing, Inc., and Collier County for Marketing and Advertising Collier County as a Tourism Destination in the amount of $200,000 for final payments for fiscal year 2005. rid )N 0 CD m a- CD C/) (D U-) C) .0 70 Cj Cl) U) C6 < 0 C-) -0 E CO (D 0 a) 0 C) Ba) - >1 cu 0 -0 L— a) cz 0 00 m 0 $4 O it Q Agenda Item No. 3A1 December 13, 2005 Page 2of2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. 3A1 - Item Summary: Advisory Committee Service Awards: 5 -Year Recipients. Heather Rockcastle - Emergency Medical Services Advisory Council Dr. Erica Lynne - Environmental Advisory Council 10 -Year Recipients. .tack Humphrey - Industrial Development Authority Meeting Date: 12!13!2605 0:00:00 ,VA Prepared By Paula Spnnga Executive Aide to the BCC Date Board of county commiss-ianora Dec Office 1 V3012006 12:19:07 PM Approved By Sue Filson Executive Manager to the BCC Date Board of County Commissioners Dec Office 11t30200S 2:05 PM Approved By Leo E. Ochs, Jr, Deputy County Manager Date Board of County commissioners County Maaager's Office 1113012005 3:31 PM Agenda Item No. 5A December 13, 2005 Page 1 of 5 EXECUTIVE SUMMARY PRESENTATION OF THE ADVISORY COMMITTEE OUTSTANDING MEMBER AWARD OF THE YEAR FOR 2005, TO JANET VASEY 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: Janet Vasey County Government Productivity Committee 2005 Advisory Committee Outstanding Member of the Year FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners present the Outstanding Advisory Committee Member of the Year Award for 2005 to Janet Vasey for her work on the County Government Productivity Committee. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: DECEMBER 13, 2005 Agenda Item No. 5A Die: ember 13.2055 Page 2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. 5A Item Summary: Presentation of the Advisory Committee Outstanding Member of the Year 2005 to Janet Vasey, County Government Productiv=ity Committee. Meeting Date: 121312005 9'.00'.00 AM Prepared By Sue Fi €son Executive Manager to the BCC Data Board of County Commissioners BCC Office 11/3012005 0:02:01 AM Approved By James V. Mudd County Manager Date Board of County Commiesionors County ManageWs Office 11!23!2005 3:33 PM Agenda Item No. 5A December 13, 2005 Page 3 of 5 ICE EIVED C County NOV 0 S 2005 ADVISORY COMMITTEE 3oara of County Commissioners OUTSTANDING MEMBER NOMINATION FORM 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. Nom 's ? e Ad ory . mmi D 'KeOT A n t: Nomina Iae Laiso a b Liaison P e �- l l v 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 On 11 i- 0' (Jnter date of Advisory Committee meeting), the above referenced Advisory Co .:: tte�vIeed to 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. F: Forms! County Forms/ BCC Forms/ Advisory Covnmittec CJhundingMember Nomination Form WWS 9.22.04 C I r County ADVISORY COMMITTEE OUTSTANDING MEMBER NOMINATION Agenda Item No. 5A December 13, 2005 Page 4 of 5 Janet Vasey has served as a member of the County Government Productivity Committee for about six (6) years. In addition to her most recent appointment on Feb. 4, 2004, she received previous appointments on Jan. 12, 1999, March 14, 2000 and Feb. 4, 2002. During the course of her service to the Board of County Commissioners as a member of the Productivity Committee, Ms. Vasey most recently in November of this year provided a thorough and comprehensive review of the Economic Development Council (EDC) /Anderson Fiscal Stability Analysis as requested of the Productivity Committee by the Board of County Commissioners. This year she has also prepared on behalf of the Productivity Committee a recommendation to the Board of County Commissioners regarding the Golden Gate Parkway Overpass, as well as a request that the Board address the Collier County School Board's failure to update school impact fees since 1992. Ms. Vasey has assumed the role of lead analyst on most impact fee reviews. As lead analyst on a review of the first law enforcement impact fee study in 2004, Ms. Vasey identified critical challenges to the methodology applied. Upon review in 2003 of the first government building impact fee study, she agreed with the methodology used. Ms. Vasey also assumed responsibility of lead analyst on a review of a transportation impact fee study in 2002 and identified serious challenges to that methodology. In 2002, she made a recommendation to the Board about a reorganization of the County Manager's Agency. As Vice Chairman of the Productivity Committee in 2002, she led all committee members in a major budget review for Fiscal Year 2003. That (more) Agenda Item No. 5A December 13, 2005 Page 5 of 5 (2) review resulted in recommendations of millions of dollars in budget reductions. In 2001, Ms. Vasey wrote sections of the Airport Authority review. In 2000, she consolidated the committee's major findings on transportation shortfalls and recommended courses of action. In 1999, she led a review of the General Fund and the Unincorporated General Fund. Productivity Committee Chairman Joe Swaj a wrote: "Janet has been an asset to the Productivity Committee. Her knowledge of government processes as compared to private industry practice provides the team with the expertise we need to understand the differences. "Her analytical ability is matched by no one. She is always willing to get involved and can be counted on to deliver as promised. I enjoy working with her and appreciate her candor, knowledge, experience and sense of humor. "We are all very thankful she is part of our team." Productivity Committee member Al Kozel wrote: "Janet Vasey has made outstanding contributions to the Productivity Committee on an ongoing basis for several years. She has in -depth knowledge of most county fiscal operations and devotes countless hours in preparation of the committee's positions." Ms. Vasey's nomination as Advisory Committee Outstanding Member of the Month was supported unanimously by the Productivity Committee on Nov. 17, 2004. (30) Agenda Item No. 513 December 13, 2005 Page 1 of 2 EXECUTIVE SUMMARY Recommendation to recognize Karla Nicol, Fiscal Technician, Human Services, as the "Employee of the Year" for 2005 OBJECTIVE: To recognize Karla Nicol as "Employee of the Year" for 2005. CONSIDERATIONS: Karla was a relatively new employee when she recognized the importance of community service. She took responsibility in working with other human service employees to oversee the creation of the "Get Help" clinic associated with the annual Point in Time Survey. The survey counts the number of homeless men, women, and children in Collier County in order to secure state and federal funding for housing for these individuals. Ms. Nicol selflessly sought donations from County employees, area businesses, and other County departments to ensure the clinic made needed resources available for individuals considered homeless. She staffed a table with her daughter that provided assistance to homeless children at St. Matthew's House. Ms. Nicol was able to personally assist individuals within the clinic described above, ushering them to the variety of services that were made available to them. She assisted individuals in getting eye exams, testing for tuberculosis and hepatitis, and needed dental work. She exceeded expectations of the Human Services Department in assisting those individuals less fortunate and in protecting the health, safety, and welfare of the County. Karla displays a can -do attitude in every task she is faced with. She offers positive solutions for day -to -day activities and is pleasant and appreciated by her colleagues. She recently designed a new reporting method for social services programming that was easy to read and provided the accountability necessary for her position. She also adopted a payment mechanism that is tied to the Florida Medicaid System. It is anticipated that savings will amount to approximately $600,000 for taxpayers this fiscal year. The Human Services Department helps sponsor an annual "Get Help" clinic for Collier County's Homeless population. This year's event was held on January 26, 2005 at St. Matthew's House. Karla was instrumental in soliciting and coordinating donations, services and volunteers for the event. This year was the best ever as nearly 135 men, women, and children who had become homeless were assisted with this effort. Services included dental screening, medical and vision screening, clothing, blankets, showers, haircuts and a meal. Karla worked diligently on this project. Her creativity and desire to help those less fortunate made this event a success, not only for the Human Services Department, but for the entire County as well. Ms. Nicol has displayed an enormous ability to accomplish a great deal in a short time and has become a vital, important, contributing member of the Human Services Department team. FISCAL IMPACT: "Employee of the Year" selected receives a $250.00 cash award. Funds for this award are available in the Department Budget Cost Center. RECOMMENDATION: That Karla Nicol is recognized as the "Employee of the Year" for 2005. PREPARED BY: Dawn Ragone, Administrative Assistant, Human Resources Department. Agenda Item No. 58 December 13. 2005 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. 5B Item Summary: Recommendation to recognize Karla Nicol. Fiscal Technician, Human Services: as the "Employee of the Year" for 2005. Meeting Date: 12/1312005 9,00:00 AM Prepared By Dawn Ragone Administrative Assistant Date Administrative Services Human Rosource. 11123120051:10.06 PM Approved By Joan Merritt Human Resources Director Date Administrative Services Human Resources 11123!2005 1:55 PM Approved By Len Golden Pdca Administrative Services Administrator Date Administrative Services Administrative Services Admin, 11f25120064:07 PM Approved By OMB Coordinator Administrative Assistant Data County Manager's Office Oliica of Management & Budget 1112912005 9:15 AM Approved By Michael Smykomki Management & Budget Director Date County Manager's Office Office: of Manegement &Budget 11!29!200510:10 AM Approved By James V, Mudd County Manager Dane Board of County Commissioners County Manager's Office 1113012005 9:20 AM Agenda Item No. 6A December 13, 2005 Page 1 of 6 COLLIER COUNTY MANAGER'S OFFICE 3301 East Tamiami Trail • Naples, Florida 34112 • (239) 774 -8383 • Fax (239) 774 -4010 November 22, 2005 Alexandra Brennan 2727 Hancock Hammock Road Naples, FL 34117 Re: Public Petition Request to Discuss Code Violation, Case #2005010137 Dear Ms. Brennan: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of December 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, Jamesud County Manager JVWjb cc: David Weigel, County Attorney Joseph Schmitt, Administrator C.D. &E.S. Nov-21. 2005 12:14PM Harwick Homes No.O ndahe&No.6A December 13, 2005 Alexandra Brennan Page 2 of 6 Request to Speak under Public Petition November 21, 2005 1 am requesting to speak because.... - We have been served with a Code Violation for something we did not do. We ourselves called Code Enforcement for assistance in the matter and instead of getting assistance we got served with the violation, - Code Enforcement was given detailed information on the perpetrators but did not act on it. Code Enforcement is giving us three options to deal with the violation. None of which are acceptable to us. - We have been in contact with Mr. Jim Coletta and Mr. Gramatges to obtain help with Cods Enforcement. All of which led back to the three options offered by Code Enforcement. We would now, therelore, like to petition ttbc Board of County Commissioners as last resort of justice. Please see attached copies of correspondence detailing the above. If any further information is needed please do not hesitate to contact me. The action 1 would like the Comminion to take...... Since we called in the Code Violation and Code Enforcement is not doing anything about it we are asking the Board to negate the code violation for both our neighbor Mary Rife and ourselves by not having to pay the fine having our names completely cleared in regards to the violation noting in the rework that the clearing was not done by us noting in the records that this clearing does not grant automatic; permission to use the easement as a road Legal Information Of Properties Involved iii Needed; Instigating hLstiggiLng Entity DeJesus Property folio #00331560002 Address; 2520 Inez Rd PropqdLq fined due to Actions of Instigating Eat-ijtt Brennan Property (Case #2005010137) 00328880009 No Street Address Rogers Property 00330000000 No Street Address AdvisNov:21: 2005 12 :15PM Harwick Homes Alex Brennan From; agbrennan @earthlink.net Sera uesda ber 11, 20 To: JimColetta@Wliergov.net; johntorre@colliergov.net Cc: ChrtstalSeguradlcolliergov.net Subject Please Advise OT T W�M u i ,- My husband and I are property owners and residents in North Belie Meade. We have an issue that we hope you could point us in the right direction for advice or a solution, No . 0 Vi ndS KeWf lo. 6A December 13, 2005 Page 3 of 6 There is one property owner who has by now, without oonsent from the other property owners or permits from the county, cleared a roadway across the front of four properties (including one of ours) to gain access to their property. Us, as well as the other three property owners, have been served with a Vegetation Removal Permit Violation, which in this case, carries a fine of $1,000.00. When we complained to Code Enforcement that we did not do the Vegetation Removal, we were told that they can only serve the property owners, and that it then becomes a "Civil Case" for the property owner to go after whoever did the violation. Ms. Christal Segura, with Code Enforcement, has been exceptionally patient and understanding by allowing us to seek legal council during the extended expiration time of the violation. We are extremely grateful for that. In case you would like to contact her prior to replying to us, our case number is #2005010137. We did seek legal council earlier this year but they are not responding in a timely matter whatsoever and we are now taking it back into our own hands in order to get this resolved, before Ms. Segura Is obligated to seek enforcement of the violation. These are our questions to Mr. Mudd and Mr. Coletta: b) How can anyone repeatedly cause these violations with the knowledge of the county and not get shut down or fined? a) Why do the innocent property owners have to pay the fine and then spend even more resources and time on a lawyer to try to get reimbursed? Pictures and witnesses can be provided if necessary to substantiate our accusations. Thank you kindly in advance for your assistance in this matter. Respectfully, Robed and Alexandr# filftnnan 11/21/2005 c3 /6 Nov-21. 2005 12:15PM Harwick Homes 10/12/05 9:30 am ~' Notes from phone convemation with Mr. Jim Coletta: He said Code Enforcement gives 3 options: 1. Civil Court 2. Code Enforcement Hearing—fee of about $600 3. pay fine together i/Uo one ... that way fee will be less No . 0 4ndS lteWi 44o. 6A December 13, 2005 Page 4 of 6 Suggests calling Ed Gramates @ 7744069 and 1. giving him name and info of people doing the clearing and on whose behalf they are doing it 2. asking him for help as the Citizen Liason because we are working people and do not have the time and resources to hire a lawyer 3. to send me a form to petition the Commission directly 4. tell him I talked with Jim Coletta 5. get his e-mail address and follow up in writing of our conversation cc, Jim Coletta If Mr. Gramstges cannot help then we could do a public petition Let him know what is happening. Z/4 Nov-21. 2005 12:15PM Harwick Homes No-0XUendgIteWi 4o. 6A Web' , rrmuuore Ivrimp December 13, 2005 Page 5 of 6 From: agbrennan(c =thilinLnet To: GramatgesEduardo Cc: unColetta@coW=gov.net Subject: P—J. hest Alexandra Brennen Datc: t 13, 200514:27 A Dear Mr. Gramatges: Thank you for forwarding the County Commissioner Public Petition form so promptly. Depending on what you can find out for us will determine whether we will ham to make use of that or not As per our conversation yesterday you will be getting back to me to see whether Code Enforcement will re- address the issue or R someone else in the county can deal with Gentry Construction and the property owner responsibie for the violation and make them akxountable for the fees and damages. You had advised me yesterday to go with one of the options provided by Code Enforcement which are 1. Pay the fine and then try to get the money reimbursed in Civil Court ie. through a lawyer or small claims 2. He for a Code Enforcement Hearing, which carries a fee of about $600 3. Get together with the other property owners that were served a notice and split the fine between us. As I told you we are a working family with children and neither have the time nor resources to deal with options 1 and 2, and that option 3 was only partly possible because one of the owner: is Mends with the nperpetnotorsn (for a lack of better word) and the fourth owner is just now in the process of being served P believeol do not know the details). Above all that though, we did not do the violation, the violators continue to do what they want and the county has been aware of that So why should we pay? We are the ones that are being violated. That0s why we wrote to Mr. Mudd and Mr. Coletta to begin with. Thank you again for your help and we look forward to hearing from you. Sincerely, Alexandra &unman /U0 r(E7 5 Bfi GOrv25 �4r010 5-16 Nov,21. 2005 12:15PM Harwick Homes -- Forwarded Nlessegc. ---- Sa ;�s , atdo To: net Subject: RE Robert and Alexandra Brennan Mrs. Brennan, N o , 0 0 Kenh It W/ No. 6A December 13, 2005 Page 6 of 6 After looking further into your issue and I have not bond any new options. As we discussed earlier It seems that your best choice would be to petition the County ConarrissW*m I have spoken with Code Enforcement and they have agreed to work with you on extending the due date of the violation to s000mrnodate the petition proms. In the merit Diet the Conrmloolonem cannot help I rocornrnend that you s* the fine with your neighbor and take the Issue to CH Court, since code is willing to work with you in respect to time and pebtioning the Commissioners will not involve any cod bo you I is your best place to start ff you have any haler questions don't heWb a to contact me, I will be happy b help. Good Luck, Eduardo Gromotges Citizen Liaison Collier County Government (239) 774 -OW9 6/� Agenda Item No. 613 December 13, 2005 Page 1 of 2 COLLIER COUNTY MANAGER'S OFFICE 3301 East Tamiami Trail • Naples, Florida 34112 • (239) 774 -8383 • Fax (239) 774 -4010 December 1, 2005 Kathy Patterson Executive Director Collier County Housing Development Corporation 895100 Street South, Suite 202C Naples, FL 34102 Re: Public Petition Request to Discuss Transfer of Bembridge PUD to the Collier County Housing Development Corporation for Housing Development Dear Ms. Patterson: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of December 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, 7 James V. Mudd County Manager JVM)jb cc: David Weigel, County Attorney Joe Schmitt, CD &ES Administrator Agenda Item No. 613 December 13, 2005 Page 2 of 2 COLLIER COUNTY HOUSING DEVELOPMENT CORPORATION November 30, 2005 Mr. James V Mudd Collier County Manager 3301 E. Tamiami Trail Naples, FL 34112 Dear Mr. Mudd, RECEIVED COUNTY MANAGER OFFICE ACTION FILE NOV 3 0 2005 I am writing to put on the agenda to address the Board of County Commissioners during the public petition portion of the December 13`b meeting. -- The Collier County Housing Development Corporation would like to ask the BCC to turn over the 7 acres of property on Santa Barbara known as the Bembridge PUD to the CCHDC for housing development. This property is also known as the EOC site. The CCHDC is a non -profit 501 (cx3) Community Housing Development Organization (CHDO). It's the intent of the CCHDC to put the Iand into a land trust which will preserve the housing as affordable. The housing which will be built on the site will be sold as workforce /GAP housing to Florida first -time homebuyers and the unit must be owner occupied. If you have any questions please feel free to contact me at 434 -2397. Thank you for your help. Respectfully, E / Kathy Patterson Executive Director 895 10TH STREET SOUTH, SUITE 2020 - NAPLES, FLORIDA 34102 - PHONE: (239) 434 -2397 - FAx: (239) 430-2387 Agenda Item No. 6C December 13, 2005 Page 1 of 2 COLLIER COUNTY MANAGER'S OFFICE 3301 East Tamiami Trail • Naples, Florida 34112 • (239) 774 -8383 • Fax (239) 774 -4010 December 2, 2005 Mr. Donald Spanier 812 Pitch Apple Lane Naples, FL 34108 Re: Public Petition Request to Discuss the Pending City of Naples Pelican Bay Annexation Referendum Dear Mr. Spanier: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of December 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. rely, James V. County Manager JVM /jb cc: David Weigel, County Attorney 10/25/2005 13:39 9415143217 DONALD SPANIER Concerned CftL=m of Pelican Say For Full Disclosure* Mr.. James MUCK County MAUW Collies County GovernamInt CINVkK Napift Florida Dear Mr. Mudd: Agenda ItpAGL4o. December 13, 2005 Page 2 of 2 Deow*ff 1, 2005 The Conmugd CifizM of Pelican Bay fw Full DjjKJ,=jre wish to present a Public Petition to the Dowd of County C4umissioms at it's wd r6VAwIY scheduled meeting- IU mks of our organization am skeptical ad conouved, about the WA a0wracy of sortie of the WbrUM6044 assumptions 09 100 Opinion$ conveyed m the City of Naples Urban Services Report and akwqtwft pt*bc MOOMW We do vot baBove that they compdae an adequate beds for an informed judgmeM by the Naples City Council or the qualified voters ofPckan Bey and the C* of N*68 on tM POW* amexatka ofptkm ]My bto the City. Since our safety and waffm are at issue we petition you to intervene an our babalf to compW xuapensim of ell fiwdw action on the pwding City onibmwe for an a=mWm n&nwdum until M and credible specdkity is pnwxlod rvSwxIWS the scope, nMM Unw* nod assets OWDU& which the Naples CRY GOVWUMM WIU PWMe the Public and mm* swvk= now &mnhW by the CoWw Couay Government through Agenda Item No. 7A December 13, 2005 Page 1 of 28 EXECUTIVE SUMMARY Petition: VA- 2005 -AR -8010 James and Margaret Fornear, represented by Clay Brooker, Esquire, are requesting an after - the -fact variance from Section 4.02.03.A of the Land Development Code (LDC) to allow for a 5.3 -foot encroachment into the required 10 -foot rear yard (accessory) setback, as applicable to a screen enclosure on a waterfront lot, leaving a 4.7 -foot rear yard. The subject property is located at 175 Bayview Avenue, Conners Vanderbilt Beach Estates Subdivision, Unit 1, Block C, Lot 7, in Section 32, Township 48 South, Range 25 East, Collier County, Florida. OBJECTIVE: Staff is requesting that the Board of Zoning Appeals (BZA) review staff's findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above referenced Variance petition and render a decision as the Board of Zoning Appeals regarding the petition pursuant to LDC Section 9.04.01 CONSIDERATIONS: This variance request was submitted on May 12, 2005. The request is for an after - the -fact 5.3- foot encroachment into the10 -foot rear yard setback for accessory structures to allow the existing screen enclosure to remain located 4.7 feet from the seawall. The 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. The spa was issued a building permit from Collier County on July 30, 1996. All required spot surveys were passed; the spa was constructed in accordance with the approved building permit, and all inspections were passed and ultimately a Certificate of Occupancy for the swimming pool and the spa was issued on January 5, 2004. Staff has been unable to locate the required building permit for the swimming pool enclosure. The current property owner closed on the property in August, 1996. On October 14, 2003, the property owners received a Notice of Violation (NOV) from Collier County Code Enforcement notifying them that the screen enclosure violates the rear yard setback requirements. The NOV has initiated this variance request. The previous property owner and builder of this home, Mario Costantini, followed the required County procedures and was issued permits and a Certificate of Occupancy and then sold the home to the current property owner, the Fornear's. It was the previous property owner, Mario Costantini, who applied for the building permit to construct the spa, which meets the required rear yard set back and ultimately received a Certificate of Occupancy. However staff could not find evidence that the prior property owner or the current property owner ever sought or received a building permit for the screen enclosure. The application submitted for the variance petition Executive Summary 8010 Page 1 of 3 Agenda Item No. 7A December 13, 2005 Page 2 of 28 did not provide evidence of the building permit for the screen enclosure. To date, Staff has received three letters of public comment regarding the variance request. Two letters from the adjacent neighbor's offer support to the request and a letter from another resident of Baywiew Avenue against the request asking for equal enforcement of the regulations for all properties in the neighborhood. 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 7 of the Staff Report labeled as Exhibit B and summarized below. Staff's analysis of the criteria found that there was support for the request in the analysis of two 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 five. 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 Executive Summary 8010 Page 2 of 3 Agenda item No. 7A December 13, 2005 Page 3 of 28 protect adjacent or nearby properties from any adverse impacts of the variance. A simple majority is required to approve a variance. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: This petition was heard at the November 17, 2005 CCPC meeting. The Commission motioned to forward petition VA- 2005 -AR -8010 with a recommendation of denial to the Board of Zoning Appeals. The motion passed by a vote of 6 to 2. Those members who voted in dissent, cited their reasons as; the immediate neighbors to the property offering their support of the variance request, and that the screen enclosure would have meet the LDC requirements in 1990 when the original building permit was issued. SUMMARY: Zoning and Land Development Review staff recommends that the Board of Zoning Appeals deny petition VA- 2005 -AR -8010 due to a lack of physical conditions inherent to the land which would justify such a request. Staff does recognize that due to the length of time the encroachment has existed and the fact that the encroachment is obstructed from the neighboring properties, that the BCC, per code, could utilize these ameliorating factors as reasons for justification of granting approval. STAFF RECOMMENDATION: Staff recommends denial of Petition VA -05 -AR -8010 to the Board of Zoning Appeals and has included a Resolution of denial within the executive summary packet. Staff recognizes that the Board of Zoning Appeals could utilize a number of ameliorating factors to grant approval of the petition and has included a Resolution approving the request within the executive summary packet subject to the following condition of approval: The variance granted is limited to the after - the -fact rear yard encroachment for the existing screen enclosure, as depicted and more particularly described in the applicant's site plan entitled, "Variance Petition Exhibit." This site plan is included as Exhibit "A" of the Resolution. PREPARED BY: Mike Bosi, AICP Principal Planner Department of Zoning and Land Development Review Executive Summary 8010 Page 3 of 3 Agenda Item No, 7A December 13. 2405 Pace 4 of 28 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. 7A Item Summary: Petition: VA- 2005 -AR -0010 James and Margaret Fomear, represented by Clay Brooker, Esquire. are requesting an after - the -fact from Section 4.02.03.A of the Land Development Code (LDC) to allow for a 5.3 -foot encroachment into the required 10 -foot rear yard (accessory) setback, as applicable to a screen enclosure on a waterfront lot, leaving a 4.7- foot rear yard. The subject properly is located of 175 Bayview Avenue, Conners Vanderbilt Beach Est. Subdivision. Unit 1, Block C. Lot 7, in Section 32, Township 48 South. Range 25 East, Collier County, Florida. Meeting Date: 12113!2005 0:00,00 AM Prepared By Mike Bosi. AICP Principal Planner Data Community Development & Environmental Services Zoning & Land Development Review 1111712005 12:51:05 PM Approved By Ray Bellows Chief Planner Data Community Development & Environmental Services Zoning & Land Development Review 11!17120054:41 PM Approved By Sandra Lea Executive Socretary Data Community Developmem & Community Development & Environmental Semites Environmental Services Admin. 1t121l24053:t5 PM Approved By Constance A. Johnson Operations Analyst Data Community Development & Community Development & Environmental Services Environmental Services Admin. 11!22!200512:51 PM Approved By Susan Murray. AICP Zoning & Land Development Director Date Community Development & Enviroomental Services Zoning Land Development Review 111,'28120458:38 AM Approved By .---. Marjorie M- Student Assistant County Attorney Data County Attorney County Attorney Office 11!28,'2045 4:54 PM Approved By Community Development & Joseph K, Schmitt Environmentat Services Adminstrator Date Community Development $ Community Development & Environmental Services Environmental Services Admin, 1112812005 8:58 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 1112412045 9:09 AM Approved By Mark isotkson Budget Analyst Date County Managar's Office Offica of Management & Budget 11129l20a5 5:15 PM Approved By Michael Smykewski Management & Budget Director Date County Manager's Office Office of Management & Budget 11130120054:18 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 12/112005 3:29 PM AGW&LTIRN W, 7A December 13, 2005 Page 5 of 28 STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: NOVEMBER 17, 2005 SUBJECT: PETITION VA- 2005 -AR -8010 (FORNEAR VARIANCE) PROPERTY OWNER/AGENT: OWNER: James R. & Margaret H. Fornear 175 Bay View Avenue Naples, Fl 34108 AGENT: Clay C. Brooker, Esq. 821 Fifth Avenue South, Suite 201 Naples, FL 34102 REQUESTED ACTION: The applicant requests an after -the -fact variance of 5.3 feet from Section 4.02.03 of the Land Development Code (LDC) that requires a minimum 10 -foot rear yard setback for accessory structures. The amount of variance requested is 5.3 feet, leaving a 4.7 rear setback for the pool deck and screen enclosure, and if approved will permit the existing pool deck and screen enclosure to remain. GEOGRAPHIC LOCATION: The subject property is located at 175 Bay View Avenue, Connors Vanderbilt Beach Estates Subdivision, Unit 1 Replat, Lot 7, in Section 29, Township 48 South, Range 25 East, Collier County, Florida. VA-2005-AR-8010 Page 1 at 8 ..... ..... — Agenda Item No. 7A December 13, 2005 Page 6 of 28 M M M WIM M -M M M M M M M M M M M WIM M M M M TWU &Ion / W Ow M_-- *emu I! fir; > M M M M M MM MM M M M IM TWU &Ion / W Ow M_-- *emu VA-2005-AR-8010 Page 2 of 8 ........... CL CL z 0 0 -j I! VA-2005-AR-8010 Page 2 of 8 ........... CL CL z 0 0 -j co 0 E- � (D -Do- E 9 ;0 S 958d M08-28f-90OZ-VA 4�!2 1 Lill Oil ldf ij gj 14 wY VIP' ------------ U01 9.101poa ails 2iu1jS1x:j Agenda Item No. 7A° December 13, 2005 Page 8 of 28 PURPOSElDESCRIPTION OF PROJECT: This variance request, was submitted on May 12, 2005. The request is for an after- the -fact 5.3 -foot encroachment into the 10 -foot rear yard setback for accessory structures to allow the existing screen enclosure to remain located 4.7 feet from the seawall. 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. The spa was issued a building permit from Collier County on July 30, 1996. All required spot surveys were passed, the spa was constructed in accordance with the approved building permit and all inspections were passed and ultimately a Certificate of Occupancy for the swimming pool and the spa was issued on January 5, 2004. Staff has been unable to locate the record of a permit being issued for the screen enclosure. The current property owner closed on the property in July, 1996, On October 14, 2003, the property owner received a Notice of Violation (NOV) from Collier County Code Enforcement notifying the property owner that the screen enclosure violates 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 Occupancy, and then sold the home to the current property owner, who is now requesting the variance. The current property owner purchased the home, which by the County's approval of the permits and Certificate of Completion, met all County standards for the house. It was the current owner of the home that applied for the building permit to construct the spa, which ultimately received a Certificate of Occupancy, however staff could not find evidence that the property owner ever sought or received a building permit for the screen enclosure. The applicant within the variance petition did not provide evidence of the building permit for the screen enclosure. SURROUNDING LAND USE & ZONING: SURROUNDING: North: Canal East: Vacant Lot, zoned RSF -3 South: Bay View Avenue ROW, then a single- family home; zoned RSF -3 West: Single - family house, zoned RSF -3 VA- 2005 -AR -8010 Page 4 of 8 Agenda Item No. 7A December 13, 2005 Page 9 of 28 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. VA- 2005 -AR -8010 Page 5 of 9 Agenda Item No. 7A December 13, 2005 Page 10 of 28 The GMP 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 Land Use Map. Based upon the above analysis, staff concludes that the proposed use for the subject site is consistent with the Future Land Use Element, although the variance request is not specifically addressed. ANALYSIS: Section 9.04.01 of the Land Development Code grants the authority to the Board of Zoning Appeals (BZA) to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Section 9.04.03 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? No. The parcel of land is of a typical rectangular design and no wet lands are present on the property which would dictate a problematic spatial design on the property. The screen enclosure is set back 4.7 feet from the rear property line. The spa, which is authorized by Building Permit #950009382, sits 10.5 feet from the seawall and meets the dimensional standard required for an accessory structure. The screen enclosure, which no authorizing building permit has been found on the record, sits 4.7 feet from the seawall and does not meet the dimensional standard required for an accessory structure. 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? No. As previously noted, County staff approved all permits that showed correct setbacks and the spot survey that also showed the correct setback for the spa. The construction of the screen enclosure was constructed without permit approval from the County. 3. Will a Iiteral interpretation of the provisions of this zoning code work unnecessary an undue hardship on the applicant or create practical difficulties for the applicant? Yes. It would create practical difficulties for the applicant to redesign the screen enclosure and reconstruct it. 4. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? No. The RSF -3 zoning district permits single- 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. VA- 2005 -AR -8010 Page 6 of 8 Agenda Item No. 7A December 13, 2005 Page 11 of 28 However, 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 health, safety and welfare. 5. Will granting the variance confer on the applicant any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes. The granting of the variance would allow a house with a smaller rear yard than other houses in the RSF -3 district to remain. 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 LDC. 7. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? No. The encroachment is into the rear yard, adjacent to a canal. Based upon the aerial photos of the property, it would appear that the perimeter of the screen enclosure is devoid of landscaping. The factor of time is one ameliorating factor present with the variance request. The spa was constructed in 1996. The notice of violation was issued by the County in October 2003. Between these two time periods, the screen enclosure was constructed. Therefore, the screen enclosure has existed in its present form for at least two years. 8. Will granting the variance be consistent with the Growth Management Plan? Approval of this variance petition will not affect or change the requirements of the Growth Management Plan. EAC RECOMMENDATION: The Environmental Advisory Council does not normally hear variance petitions, and did not hear this variance. STAFF REGOM IENDATION: Zoning and Land Development Review staff recommends that the Planning Commission forward a recommendation of denial of petition VA- 2005 -AR -8010 to the Board of Zoning Appeals because there are no physical or natural conditions that ameliorate the goals and objectives of the yard requirements and there are no physical conditions inherent to the land which would justify such a request. Staff recognizes that the existing condition has been in place for a considerable period of time, and that the CCPC and/or the BCC, per code, could utilize this ameliorating factor as a reason for justification of granting approval. VA- 2005 -AR -8010 Page 7 of 8 PREPARED BY: MIKE BOSI, AICP, PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW I -,a pj*'A av"A I : Agenda Item No. 7A„ December 13, 2005 Page 12 of 28 - tt)-1-7-05- - DATE 7ncm NLA,RJ6kM M. S'T UDENT -STE LIN 4 DATE ASSISTANT COUNTY ATTORNEY kAY LOWS, NL&NAGER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW SLXAN MURRAY, AlCP, —DIRECTOR DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: -E P —IH-I K. SC ITT, ADMINISTRATOR I 'hMMUNITY DEVELOPMENT & IvVIRONMENTAL SERVICES DIVISION MARK STRAIN, CHAIRMAN /a- /8-06'" DATE - 16 /7-1 / D 'y- DAA -- -A P-- / Tentatively scheduled for the December 13, 2005, Board of County Commissioners Meeting VA-2005-AR-8010 Page 8 of 8 • • C7 COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW W W W.COLLIERGOV. NET PETITION NO (AR) VA4005- AR4010 PROJECT NAME PROJECT #2004040048 DATE: 7/19/05 PROJECT NUMBER MICHAEL BOSI DATE PROCESSED ASSIGNED PLANNER Above to be completed by stag`' - - -- Agenda December 13, 2005 Page 13 of 28 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 401-2400 FAX (239) 643 -6968 NAME OF APPLICANT(S) JAMES R. & MARGARET H. FORNEAR ADDRESS 175 BAYVIEW AVENUE CITY NAPLES STATE FL ZIP 34108 TELEPHONE #_239-69"86 CELL # 239 -272 -4464 FAX # E-MAIL ADDRESS: NAME OF AGENT —CLAY C. BROOKER. ESQ. ADDRESS 821 FIFTH AVE. S.. STE. 201 CITY NAPLES STATE FL ZIP 34 102 TELEPHONE # 239 - 261 -9300 CELL # FAX # 239 - 261 -9782 E-MAIL ADDRESS: CCBROOKERO- NAPLESLAW.COM BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. Vada= Application rev. 17/23/04 Agenda Item No. 7A December 13, 2005 Page 14 of 28 Complete the following for all Association(s) affiliated with this petition. Provide additional sheets if necessary. NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE Zip NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CRY STATE ZIP__ NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CRY STATE Zip NAME OF MASTER ASSOCIATION: MAILING ADDRESS CITY ESTATE ZIP NAME OF CIVIC ASSOCIATION: MAILING ADDRESS CITY STATE ZIP Legal Description of Subject Property: Section/Township /Rangs 32 / 48„S 1, 25E Props" I.D. #s 274$2400007 Subdivision:Conners Vanderbilt each Est unit tot: 7 8toclp C_ Msies & Bounds Description: Acreage 0.22 Address of Subject Property (If diff=nt from pedtionWs address): Vwi-w AWHodim lov, 12MM4 Agenda Item No. 7A' December 13, 2005 Page 15 of 28 • Front r .?i• :sT::�R:;: .r'�rw .:g:;: `'�:' ,•ta:. . da it %: ::} ; -:Y, .Y�;'•y,r.:.. Y<'$;};d:i� +.'i "`.; ;v :• : <y ;i'•f:,,. R bu'.: .''�' • ::ai:`'::,, k�ti � � ' L `2•., :•:a,',:'i; k'S {" . r:'�i.L '?' �.r"`.,::: 'V .N i; >.. : =Y,•.:::�4 »: �l°r.� .. <rf,. v,..:fi:,s: }% :8 b.;!�'''•� .•lid-. '�a$.'••.�' �x( )'$y���,���.{{ ,,{ Y :�,�.- •:�' >� �• . .li' ';O : iY,.S,. „� :iti,.C�� k :N.. v:.tr..,,. $T ::3'21 •::..: - :.?:.::. n }:.,�� v:..M.,:. -i:. Sr:.• >. :... :I.:�N..�:,?:�:i ?'y Comer Lot Yes ❑ Zoning Side: Land Use Waterfront Lot Yes ® N RSF-3 Single famll � residential S RSF-3 -Single family residential SF -3 —Single family residential w RSF -3 — Single family residential • Front 30 Comer Lot Yes ❑ No Side: 7.5 Waterfront Lot Yes ® No ❑ Roan 25 ..- ..:n.. .r . :... ... :.: . .: ...s..,• f.. r:..,+r•::.,..... a, ... :: ,;;.:y ::: ....... � .:. ,: :: :>y; Se:.: v.'a+.'i ry';;.z <fi +:%•� .2i <a. `:M.,,., : ?:CR :.k. vA ':CaRyak^•�.'C,,;:>.,>.:o'�E:' cr. ,iS•v:�.::K•. . ?., ..>.. 3� :.,KO: y'�,",'''' ?.�� :..�"•.�f.• -� ..S �,`y>.: ;.Wr . /.r.'£da:':y�. �,,s.';S.'!t,.'.i2>..s6r r': �'.e�..,:i;N?R?�•ii'1>��':'G? �. e'' �' ,..: D:'.e.(_ :.s?!:Sb ri�.r 'f�.�. . ?!•f ir?::6% Provide a detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce front setback from 25' to 18'; when property owner purchased property; when existing principal structure was built (include building permit number (s) if possible); why encroachment is necessary; how existing encroachment came to be; etc The applicants reauest an "after—the—fact" variance for a 5.3 foot encroachment into the required 10 foot rear yard (accessory) setback, as applicable to a screen enclosure on a waterfront lot (LDC section 4.02.03. Table 4), leavina a 4.7 foot rear yard. The applicants purchased the property from the predecessor owner/builder in 1996, exactly as it exists today. The applicants had no knovAedge of any setback violation until informed by the County's code enforcement department in 2003, more than 7 years after purchasing the property. The principal structure and the spa were constructed in accordance with Permit Nos. 95 -0004029 and 96 -0009382. The County issued a Certificate of Occupancy for the house In July 1996. Apparently. the screen enclosure was constructed at or around the same time as the spa, but no evidence can be found to show that a permit for the screen enclosure was applied for or Issued. Vadanw Application rev. 12123/04 Agenda Item No. 7A December 13, 2005 Page 16 of 28 Please note that staff and the Collier County Planning Commission shall be guided In their recommendation to the Board of zoning Appeals, and that the Board of zoning appeals shall be guided in its determination to approve or deny a variance petition by the below listed criteria (1 -8). (Please address this criteria using additional pages if necessary.) 1. Are there special conditions and -circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. Yes. The subject Platted lot extends approximately 9 feet beyond Inorth of) the seawall. Into the canal. 2. Are there spedal conditions and circumstances which do not result from the action of the applicant such as pre - existing conditions relative to the property which B the subject of the variance request. Yes. The house, spa, and screen enclosure were constructed prior to the applicants' purchase of the Property. The applicants Rurchased the property from the predecessor owner/builder and had no knowledge of any setback violation until Informed by the CounWs code enforcement department in 2003, more than 7 veers after purchasing the prope 3. Wig a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical diffiouitles on the applicant. Yes. Reguirind the removal of the screen enclosure will impose an unnecessartiand undue hardship on an innocent successor owner who Purchased the Property without knowledge of the setback violation, more than 7 years before the County discovered the setback violation. 4. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of heoW safety or welfare. Yes. This Petition seeks the minimum variance which would allow the screen enclosure to remain in place. as constructed approximates_ v 9 years ano 5. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the some zoning district No. The applicants purchased the property +v� no knowiedae of the setback violation. Under such circumstances. no "special privilege" would be conferred on 0 the applicants if this variance request is granted. Vaima Appii=dm mv.12R /" Agenda Item No. 7A December 13, 2005 6. Will granting the variance be in harmony with the Intent and purpose of this zoning code, and not bWage 17 of 28 injurious to the neighborhood, or otherwise detrimental to the public welfare. Yes The house and screen enclosure has existed for approximately 9 years, itwithout any complaints from the County or neighbors. The granting of this variance request will simply recognize what has existed for nearly a decade. • • 7. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc Yes The rear yard abuts a canal which is aporoximately 100' wide. 8. Will granting the variance be consistent with the growth management plan. Yes. BE ADVISED THAT SECTION 10.03.0S.B.3 OF THE LAND DEVELOPMENT CODE REQUIRES AN APPLICANT TO REMOVE THEIR PUBLIC HEARING SIGN (S) AFTER FINAL ACTION IS TAKEN BY THE BOARD OF COUNTY COMMISSIONERS. BASED ON THE BOARD'S FINAL ACTION ON THIS ITEM, PLEASE REMOVE ALL PUBLIC HEARING ADVERTISING SIGN(S) IMMEDIATELY. Vatimm A" iaetim rev. 12r23104 • _a ,- 0 Agenda Item No. 7A December 13, 2005 Paae 18 of 28 THIS COMPLETED CHECKLIST iS TO BE SIJBMfTTED WITH APPLICATION PACKET Nqgof Coplits Ef is Completed Application 13,11's Pre - Application Meeting Notes [✓]'t 5 Site Plan 24" X 36" depicting the following: All property boundaries & dimensions AR existing and proposed structures (labeled as such) North arrow, dale and scale of drawing Required setbacks & proposed setbacks d2 131, Q�1 �l Eel L�,� Copies of Deed Survey of property showing the encroachment (measured In teNO Location Map depicting nmior streets In area for reference Addressing Checklist Owner /Agent Affidavit, signed & notarized Electronic Copy of all documents & plans Application Fees = $2000 (residential $5000 (non - residential) Legal Advertising Fees = $729.00 — CCPC $363.00 - BCC Checks shall be made payable to: Collier County Commissioners Other Other As the authorized agent /applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. 1 understand that failure to include all necessary submittal information may result in the delay of processing this petition. AMY �a, moos AgentlAppg&rd Sipnafure Date 6 V%fli m AnUm jm my 12W/04 Agenda Item No. 7A December 13, 2005 Page 19 of 28 AFFIDAVIT . we /11 f r'D R lV G31�• , • A�iYel& being first ddy sworn, depose and say that well am /am the owners of ft property described hw n which is the subied ma of the proposed hearing; that a fhe answers to the questions in ibis applicafion, inducing the dsdou" of in*wt irnWmc all skefdm, data, and oftw supplementary matter aftd*d to and made a part of ffws applrc ffon, are honest acrd true to the but of our knowledge belief. We /I understand ifwt the infornwTion requested on itis apprcoiion mud be aomphrle and aw"fe and fhof the cordent of firs form, wh computer gerwvW or County printed shall not be offered. Public hearings W1 not be odverfised until this application is deemed complete, an required information hot been submitted. As property owner We /l furfher auNrorize �y C• p0 �� • to ad as a /my ra prasentofiw in orry mutters regard. INS Petition. r td of Property Owner t2•. j%ofLlVCatZ Typed or Printed Name of Owner Signature of Property Owner Typed or Printed Nome of Owner qWDing instrument was adcnowledged before me tier _ day of � 20-0-S-,- by xhyi � �f '«R who is Rj1Lka2&L4p me or has produced as idenfffioofion. State off0wo (Signature of Notary Pubftc - Sfafe of Florida) County of Comer (Print, Type, or Stamp Commissforrad Name of Notary Public) C ario Coewntini # DD3M5 M �nwy 17.2068 n.,rr r- r...a,rd sooa�eame VA- 2005 -AR -8010 PROJECT #2004040048 v riame,4q,Ii=fioc mv.1?MAX DATE: 7119 /05 MCSAEL BOSI Agenda item No. 7A December 13, 2005 Page 20 of 28 RESOLUTION NO.OS- A RESOLUTION OF THB BOARD OF ZONING APPEALS ' OF COLLIER COUNTY RELATING} TO PETITION NUMBER.' VA- 2005 -AR -8010, FOR AN AF E R- TA&FACT: VARIANCE OF 5.3 FEET FROM THE 10 -$OOT REAR YARD SMACK TO 4.7 FEET FOR ACCESSORY STRUCTCIRF.S IN AN RSF -3 ZONING DISTRICT FOR . •PROPERTY • • HEREINAFTER DESC.RMED IN COLLMR. COUNTY, FLORIDA. . WHEREAS, the Legislature of- the Stake of Florida in Chapter 125, Florida Statutes, has oonfened'on all 'counties in Florida the power to establish, coordinate and enforce zoning and such busmoss regulations as are necessary for the protection of the public; and WHEREAS, the County puisuant &creto has. adopted a Land Development Code (Ordinance No. 2004 -41' as .amended) which establishai 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 altar notice as in said regulations made and provided, and. has considered the advisability of a 53 -foot after - the -fact variance from the requirecL 10 foot rear yard setback to 4.7 feet for accessory structures, as shown on the attached plot plan, Exhibit "A", in an RSF -3 Zoning District for the property haeinafter•desenbed, and has found as a matter of fact that satisfactory provision and arrangement have boon 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 WiIEREAS, 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 VA-2005-AR-8010 filed by Clay C- Brooker, EaquiM representing James and Margaret Fornear, with respect to the property hereinafter described as: Congas Vanderbilt Beach Est. Subdivision, Unit I Replat, Lot 7, as recorded in Plat Book 3, Pages 8 and 9, in the Public Records of Collier County, Florida. be and the same hereby+ is approved for a• 5.3 -foot after- the -fact variance from the required 10 foot rear yard setback to 4.7 feat 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 couditiont .I- Agenda !tern No. 7A December 13, 2005 Page 21 of 23 1. The variance granted is limited to the after -tho -fact rear yard encroad3anent for the existing• house, as depicted and more particularly desdibed in the applicant's site plan entitled, "Ve riance Petition Exhibit," dated November 18, 2003. This site plan is included as Exhibit A;' BE IT RESOLVED that this Resolution relating to Petition Number VA- 2005 -AR -8010 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of , 2005. . BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA •ATTEST:. BY: FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK. Approved as to Form and Legal Sufficiency.. Mmjo K Student - Stirling o . Assistant County Attorney' -2- Agenda Item - December 13, 2005 Page 22 of 28 i. t � 1 � w - i �I • 1 4 Agenda Item No. 7A December 13, 2005 Page 23 of 28 RESOLUTION NO. 05— RELATING TO PETITION NUMBER VA- 2005 -AR- 8010, FOR A VARIANCE ON 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. 91 -102, 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 and lawfully 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 variance for. a 5.3- foot encroachment into the required 10 -foot rear yard (accessory) setback, as applicable to a screen enclosure on a waterfront lot, leaving a 4.7 -foot rear yard as shown on the attached plot plan, Exhibit "A ", in an RSF -3 Zone for the property hereinafter described, and has found as a matter of fact that satisfactory provisions and arrangements have been not made concerning all applicable matters required by said regulations and in accordance with Chapter 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 has fully considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY the Board of Zoning Appeals of Collier County, Florida, that: Petition VA- 2005 -AR -8010, filed by Clay C Brooker, Esquire, representing James R And Margaret H Fornear, with respect to the property hereinafter described as: Exhibit "A" be and the same hereby is DENIED for a variance a 5.3 -foot encroachment into the required 10 -foot rear yard (accessory) setback, as applicable to a screen enclosure on a waterfront lot, leaving a 4.7 -foot rear yard as shown on the attached plot plan, Exhibit "A ", in an RSF -3 Zone said property is located. Agenda Item No. 7A December 13, 2005 Page 24 of 28 BE IT RESOLVED that this Resolution relating to Petition Number VA- 2005 -AR- 8010 be recorded in the minutes of this Board. This Resolution adopted after motion, second and super- majority vote. Done this day of 2005 ATTEST: BOARD OF ZONING APPEALS DWIGHT E. BROCK, Clerk COLLIER COUN'T'Y, FLORIDA FRED W. COYLE, CHAIRMAN Approved as to Form and Legal Sufficiency: Marjorie M. Student Assistant County Attorney VA- 2005- AR- 8010/MB Agenda Item Ito. 7A December 13, 2005 Page 25 of 28 VA -05 -AR -8010 Legal Description CONNEWS VANDERBILT BEACH ESTATES, UNIT 1, BLOCK C, LOT 7 EXHIBIT "A" Agenda item No. 7A December 13, 2005 Page 26 of 28 Michael Bosi, AICP Principal Planner Collier County Government CommunrityDevetopment and Environmental Services Division 2800 North Horseshoe Drive Naples, Florida 34104 Re: Petition No. VA- 2005 -AR -8010 Jim and Margaret Fomear Variance Dear Mr. Bosi: I am the owner of the property located at 163 Bayview Avenue, immediately west of Jim and Margaret Fornear's property at 175 Bayview Avenue. Please accept this letter as my voice in support of the Fornears' variance request. I have no objection to Collier County granting the variance and allowing the screen enclosure to remain in place where it currently exists. 1 -1 Ingrid Ayaydin, Trustee Ingrid Ayaydin Revocable DECL Trust Under Trust Dated 7/21/03 I Date Agenda Item No. 7A December 13, 2005 Page 27 of 28 Michael Bosi, AICP Principal Planner Collier County Government Community Development and Environmental Services Division 2800 North Horseshoe Drive Naples, Florida 34104 Re: Petition No. VA- 2005 -AR -8010 Jim and Margaret Fornear Variance Dear Mr. Bosi: We are the owners of the property located at 187 Bayview Avenue, immediately east of Jim and Margaret Fornear's property at 175 Bayview Avenue. Please accept this letter as our voice in support of the Fomears' variance request. We have no objection to Collier County granting the variance and allowing the screen enclosure to remain in place where it currently exists. !aWE -r / Q Date ' i 7-1 on �Tj Will i Date Agenda Item No. 7A December 13, 2005 BosiMichael Page 28 of 28 from: Barbara Miller [millsel @earthiink.net] Sent: Sunday, November 13, 2005 12:42 PM To: BosiMichael Subject: VA 05 AR 8010 Request for Variance 175 Bayview Ave. Hearing Date11 /17/05 To Planning Services Division Attn: Michael Bosi The recent storm damaged a number of porch and pool screen enclosures in the Vanderbilt Beach area. Quite a few of them did not comply with the setback limitations established for this area, a neighborhood which has become increasingly overbuilt in the last 15 years. This is a request for equal enforcement of the zoning requirements in Vanderbilt Beach for all new and reconstruction projects which are undertaken here. Last year when we remodeled our house at 239 Bayview Ave., which was built by my parents in 1968, we wanted to enclose the original screen porch. However, we were not permitted to do so because it extended approximately one foot beyond the current setback restrictions. Because of the setback restrictions, we were also required to build our pool cage just 8 1/2 inches from the edge of our therapy pool. (The screen frame is actually 4 1/2 inches from the edge of the coping on one side.) The code restrictions were enforced on our property despite the fact that the house next door at 257 Bayview Avenue, built approximately 12 years ago, had a much higher pool deck and cage which extended four feet beyond ours. That cage has also been destroyed by the recent storm. We trust it cannot be rebuilt as it was, and would oppose any attempt to do so. The code limitations which the County has enforced against those who have sought to remodel the original small houses in Vanderbilt Beach have unfortunately provided an incentive to destroy them, and to build very large homes which are way out of scale with the lot sizes here. This problem should not be compounded by allowing variances for those tot complying with setback restrictions. No doubt there are occasional instances when a variance should be granted because of severe hardship not created by the builder. These should be rare. We are relying on the Planning Staff and County Council to require equal compliance with established setback limitations. Sincerely, Barbara Miller 1 Agenda item No. 8A December 13, 2005 Page 1 of 105 EXECUTIVE SUMMARY RZ- 2005 -AR -7276 Southern Development Company, represented by Tim Hall, of Turrell & Associates, Inc., is requesting a rezone from the Agricultural (A) zoning district to the Residential Single- Family [RSF- 4(2.1)] zoning district to allow a maximum of 15 single - family residential dwelling units to be developed on the subject 7.29 acres for a project known as Briana Breeze, which equates to a density of 2.1 dwelling units per acre. The property is located at 255 Price Street, in Section 4, Township 51 South, Range 26 East, Collier County, Florida. OBJECTIVE: To have the Board of County Commissioners (BCC) consider an application to rezone the subject property and ensure 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 is seeking this rezoning to allow development of a maximum of 15 single- family residential dwelling units to be developed on the subject 7.29 acres, which equates to a density of 2.1 dwelling units per acre. The applicant has provided a site plan as part of the application to address environmental concerns; however, this site plan is not binding as part of the rezoning process. Site plan details will be determined as part of the preliminary platting process if rezoning is approved. One access point is proposed from Price Street, but the actual alignment of that access point will be determined as part of the development review approval process. 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 rezoning is approved, a portion of the land could be developed. 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. Briana Breeze, RZ- 2005 -AR -7276 Executive Summary for 12/13/05 BCC Page 1 of 8 Agenda Item No. 8A December 13, 2005 Page 2 of 105 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 designated Urban (Urban — Mixed Use District, Urban Coastal Fringe Subdistrict), on the Future Land Use Map and Element (FLUM and FLUE) of the Collier County Growth Management Plan (GMP). This Subdistrict permits residential development (variety of unit types) at a base density of four residential units per gross acre. However, this applicant's property is also within the County's Traffic Congestion Area, an area identified as subject to long -range traffic congestion. The GMP Density Rating System requires projects so located to reduce the density of the project by one dwelling unit per gross acre (DU /A). Therefore, the maximum allowable density will be 3 DU /A which translates to a maximum of 22 dwelling units on the 7.29± acre subject property as demonstrated below: Base Density 4 DU /A Traffic Congestion Area - l DU /A Total Eligible Density 3 DU /A x 7.29 acres = 22 (21.87) dwelling units The petitioner has agreed to limit the density of this project to a maximum of 15 total single - family dwelling units; therefore the petition is consistent with the FLUE and the FLUM of the GMP. FLUE Policy 5.4 requires that all new developments be compatible with and complementary to the surrounding land uses. Staff believes this rezone, with the limit of 15 units, will be compatible with the surrounding land uses. ENVIRONMENTAL ISSUES: The petition was reviewed by Environmental Review staff in conjunction with the preparation of a staff report for the Environmental Advisory Council (EAC). A copy of the EAC staff report is included in the information provided for analysis. Staff recommended the following two conditions be included as part of any approval for this petition. 1. A surface water management permit must be obtained from South Florida Water Management District (SFWMD) prior to approval of any site plans. 2. After Unified Mitigation Assessment Method (UMAM) scores are accepted by SFWMD, if there are wetlands with greater than a 0.7 UMAM score, the location of the preserve areas will need to be re- evaluated. All environmental staff concerns were addressed by the EAC. Briana Breeze, RZ- 2005 -AR -7276 Executive Summary for 12/13/05 BCC Page 2 of 8 Agenda Item No. 8A December 13, 2005 Page 3 of 105 ENVIRONMENTAL ADVISORY COUNCIL ISSUES: The Environmental Advisory Council heard this petition on November 2, 2005 and recommended approval of the petition with the conditions recommended by staff. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) heard the petition on November 3, 2005 and with a vote of 8 -0 recommended to forward this petition to the Board of County Commissioners (BCC) with a recommendation of denial. Inconsistency with the following GMP objectives and policies was used to support this decision: 1. Objective 1.5 of the Drainage Sub Element of the GMP because this project would interrupt the natural drainage features; and 2. Policy 5.2 of the Transportation Element because of hurricane evacuation and coastal high hazard area concerns; and 3. Policy 5.4 of the Future Land Use Element of the GMP because the project is incompatible with the neighborhood; and 4. Objective 1.5 of the Capital Improvement Element because the intersection of US41 and CR 951 fails. -.. Several property owners from the area spoke at the CCPC hearing in opposition to the petition as well. A letter and a petition signed by numerous persons were also submitted in opposition to the petition. Staff however is maintaining its original recommendation of approval and offers the following analysis of the CCPC recommendation: GMP Drainage Sub Element Objective 1.5. states: Continue to regulate land use and development to protect the functions of natural drainage features and natural groundwater aquifer recharge areas through the adopted Land Development Code (Ordinance 91 -102 as amended). If the rezoning is approved, the developer would be required to comply with all applicable water management requirements of the LDC, thus staff does not believe the rezoning petition would be inconsistent with this GMP Objective. GMP Policy 5.2 of the Transportation Element states: Project traffic that is 1 percent or less of the adopted peak hour service volume represents a de minimis impact. Authorization of development with a de minimis impact shall be pursuant to Section 163.180(6), Florida Statutes. The Transportation Element policies that were cited generally state that the proposed rezoning may not adversely impact the road network. Transportation Planning staff has determined that this rezoning will not adversely impact the roadway network and has therefore deemed the Briana Breeze, RZ- 2005 -AR -7276 Executive Summary for 12/13/05 BCC Page 3 of 8 Agenda Item No. 8A December 13, 2005 Page 4 of 105 petition consistent with Policy 5.1 and further has determined that Policy 5.2 is not applicable to this petition as noted in the staff report. GMP Policy 5.4 states: New development shall be compatible with, and complementary to, the surrounding land uses, subject to meeting the compatibility criteria of the Land Development Code (Ordinance 91 -102, adopted October 30, 1991), as amended. Staff has provided an excerpt from a zoning map composite drawing that shows a larger picture of the area north east, south and west of US 41. Looking at the exhibit below, it is easier to see the vision of the overall area and see why the area is designated Urban — Mixed Use District on the FLUM of the GMP. The GMP states: The Urban Service Area concept manifested in the Element is crucial to successful coordination of land development and the provision of adequate public facilities. It is within Urban Designated Areas on the Future Land Use Map that the more intensive Zoning Districts are permissible, thus the more intensive land uses. Since Urban Designated Areas are where intensive land uses are guided, it is also where fiscal resources are primarily concentrated for provision of roads, water supply, sewage treatment and water management. Staff also provided a colorized analysis of the uses on Price Street. There was an attempt at the CCPC hearing to characterize this neighborhood as agricultural in nature. However, it is clear in the exhibit below that the neighborhood would more readily be described by the Collier County Briana Breeze, RZ- 2005 -AR -7276 Executive Summary for 12/13/05 BCC Page 4 of 8 Agenda Item No. 8A December 13, 2005 Page 5 of 105 Property Appraiser as a residential area, because there is only one area designated as agricultural by the Property Appraiser. The agricultural area is located along the south side of Price Street, and it is not directly abutting or directly across the street from the subject property. The tracts abutting the subject property and those located directly across Price Street are all designated as residential uses or are undeveloped. Additionally, although it is not shown on the exhibit, it is important to consider that the use to the north of the site is a mobile home park that is developed at 6 units per acre. Department of Revenue Land Use Classification Codes ELI 1II 39.�y C 1 ill Property � +s t � IIy PFlICE R7lEET ,.4.....,� � i L. I! ail ZON AE Collier County Property Appraiser's Office The Comprehensive Planning staff reviewed the proposed amendment for consistency with the Future Land Use Element, as described on a previous page. This petition was deemed consistent with the GMP's future land use subdistrict designation for this site, noting the land use Briana Breeze, RZ- 2005 -AR -7276 Executive Summary for 12/13/05 BCC Page 5 of 8 Agenda Item No. 8A December 13, 2005 Page 6 of 105 designation permits residential development at a base density of three residential units per gross acre, because the site is located within a Traffic Congestion Area. The site would be eligible for up to 22 dwelling units on the 7.29± acre subject property. The petitioner is seeking approval to construct 15 dwelling units, not the maximum eligible density. The surrounding property developed within a density range from one unit per five acres to six units per acre. The approximate 2.1 units per acre that would result from developing 15 units on this site appear to be at the lower end of the density spectrum. More importantly, the proposed use, single family residential home sites, is exactly the same as what exists in the neighborhood, thus the uses are identical. Incompatibility cannot therefore logically be deemed a reason to deny this rezoning. Objective 1.5 of the Capital Improvement Element states: To ensure that public facilities and services needed to support development are available concurrent with the impacts of such development, the County's concurrency Management System shall be consistent with Chapter 163, Park II, Florida Statutes and Rule 9J- 5.0055, Florida Administrative Code. The County shall establish a regulatory and monitoring program to ensure the scheduling, funding and timely construction of Category A public facilities concurrent with, or prior to, the issuance of a final site development plan, final plat or a building permit to achieve and maintain adopted level of service standards. Consistency with this objective is a matter of timing. The objectives state that public facilities and services must be in place concurrent with the impacts of the development. No impacts are generated at the rezoning stage; impact will not be incurred until actual development occurs. As noted in the objective, public facilities must be in place before the issuance of "a final site development plan, final plat or a building permit." The objective is not applicable to this rezone petition; consistency with this objective will be evaluated when development approvals, e.g., final plat approval and actual building permits, are sought. The CCPC revised the rezone findings to support the denial recommendation as noted below with the CCPC's findings in bold print and staff's responses below them. Approval of this rezoning would create an isolated district unrelated to adjacent and nearby districts. Staff does not concur, believing the subject parcel is of sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts. The petitioner is not seeking to rezone one single lot to RSF- 4(2.1), which would create an isolated district; he is seeking to rezone a 7.29 acre tract which will be large enough to accommodate 15 lots. There are no changed or changing conditions that make the passage of the proposed amendment necessary. The growth and development trends and changing market conditions make the proposed rezoning desirable for the petitioner. As stated by the petitioner and commonly Briana Breeze, RZ- 2005 -AR -7276 Executive Summary for 12/13/05 BCC Page 6 of 8 Agenda Item fro. BA December 13, 2005 Page 7 of 105 understood in Collier County, there are limited housing opportunities for persons who work in the area near Marco Island. Much of the available housing is priced beyond the means of many working class persons. Smaller home sites with smaller homes that could be constructed with RSF -4 zoning may provide a more affordable option for persons in the area. The rezoning is not necessary, per se, but it does seem appropriate. The proposed rezoning is appropriate, as limited by the petitioner to 15 total residential units based on its compatibility with adjacent land uses. The proposed change will adversely influence living conditions in the neighborhood; The development standards and landscaping requirements contained in the LDC are intended to mitigate any adverse impact to the living conditions in this neighborhood if the proposed rezoning is approved. As currently proposed, the petitioner will be required to set aside a portion of the site as a preserve. According to the site plan reviewed by the EAC, the preserve area would be located at the property's southeastern boundary. Ironically, that is where the closest existing single family home is located. That home owner will enjoy what could be constructed as an enhanced buffer, in the form of the preserve area. According to the EAC Staff report: The project will retain /enhance 1.20 acres (16% of the site) and restore /create 0.66 acres of native vegetation, which equates to a 25% (1.86 ac) native vegetation preservation /creation. This meets the requirements outlined in the GMP and LDC. The majority of this preserve, 1.2 acres, is located within the hydric pine community; the remainder of the preserve will be restored to that habitat type or created. Because the CCPC voted to recommend denial, 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 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 sta 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 of the Traffic Element of the GMP. Briana Breeze, RZ- 2005 -AR -7276 Executive Summary for 12/13/05 BCC Page 7 of 8 • 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, disagreed with the above legal considerations and findings as noted in the Planning Commission meeting synopsis. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Petition RZ- 2005 -AR -7276, noting that, in staff s opinion, the request is consistent with the overall GMP, to include, but not limited to, the Drainage Sub - element, all relevant goals, objectives and policies of the Future Land Use Element and the Future Land. Use Plan Map designation, the Capital Improvement Element, and the Transportation Element. PREPARED BY: Kay Deselem, AICP, Principal Planner Department of 'Zoning and Land Development Review Briana Breeze, RZ- 2005 -AR -7276 Executive Summary for 12/13/05 BCC Page 8 of 8 Agenda Item No. 8A Demm bar 13. 2045 Page 5 of 145 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: HA m' Item Summary: This item requires that all participants be swam in and ex parte disclosure be provided by Commission members. RZ- 2005 -AR -7276: Southern Development Company, represented by Tim Hall, of Turrell & Associates, Inc., is requesting a rezone from the Agricultural (A) zoning district to the Residential Single-Family [RSF- 4(2.1)) zoning district to allow a maximum of 15 single - family residential dwelling units to be developed on the subject 7.29 acres for a project known as Brlans Breeze, which equates to a density of 2.1 dwelling units per acre. The property is located at 255 Price Street; in Seaton 4, Township 51 South, Range 26 East, Collier County, Florida. Meeting Date: 12113!2005 9',00'00 AM Prepared By Kay Doselem, AICP Principal Planner Date Community Development & Environmental Services Zoning & Land Development Review 1112112005 5:38:20 AM Approved By Sandra Lea Executive Secretary Date Community Development & Community Development 8 Environmental Services Environmental Services Admin, 11/21120051:19 PM Approved By Ray Bel €ows Chief Planner Date Community Development & Zoning & Land Development Review 1112112005 7:10 PM Environmental Services Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development& Environmental Services Environmental Services Admin, 11122!200512:20 PM Approved By Susan Murray, AICP Zoning & Land Development Director Data Community Development & Environmental Services Zoning& Lord Development Review 11128120058:38 AM Approved By Cemmnnity DeVRlopmenl$ Jnsepil K. Schmitt Environmental Services Adminstrator Date Community Development $ Community Development& Environmental Services Envrronmentai Services Admin. 1142812005 6:55 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin, 11/2912005 9:57 AM Approved By OMB Coordinator Administrative Assistant Date County Manage,'. Office Office of Management & Budget 11!2972005 4:26 PM Approved By Mark isocksan Budget Analyst Date County Manager's Office Once of Management & Budget 11/3012005 5:14 AM Approved By Michael Smykevtski Management & Budget Director Data County Manager's Office Office of Management & Budget 11/3012005 3:16 PM Approved By James V. Mudd County Manager Date Board of County County Managers Office 1211;2005 12:38 PM Commissioners Agenda Item No. 8A December 13, 2005 Page 10 of 105 Co kr County STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: NOVEMBER 3, 2005 SUBJECT: PETITION: RZ- 2005 -AR -7276, BRIANA BREEZE OWNER/AGENT: Agent: Tim Hall Owner: Mario Curiale Turrell & Associates, Inc. 845 Bald Eagle Drive 3584 Exchange Ave., Suite B Marco Island, FL 34145 Naples, FL '14114 REQUESTED ACTION: The petitioner is requesting a rezone from the Agricultural (A) zoning district to the Residential Single- Family [RSF- 4(2.1)] zoning district. GEOGRAPHIC LOCATION: The property is located at 255 Price Street, in Section 4, Township 51 South, Range 26 East, Collier County, Florida. (See illustration on following page) PURPOSE/DESCRIPTION OF PROJECT: The petitioner is seeking this rezoning to allow development of a maximum of 15 single- family residential dwelling units to be developed on the subject 7.29 acres, which equates to a density of 2.1 dwelling units per acre. The applicant has provided a site plan as part of the application to address environmental concerns; however, this site plan is not binding as part of the rezoning process. Site plan details will be determined as part of the preliminary platting process if rezoning is approved. One access point is proposed from Price Street, but the actual alignment of that access point will be determined as part of the development review approval process. Staff Report for November 3, 2005 CCPC Briana Breeze, RZ- 2005 -AR -7276 Page 1 of 6 Agenda Item No. 8A December 13, 2005 Page 11 of 105 SURROUNDING LAND USE AND ZONING: North: Tall Oaks Mobile Home Park, with a zoning designation of Mobile Home (MH) South: Price Street, then a 2.27± -acre tract that is developed with a single - family home, and a 4.93± -acre undeveloped tract. Both tracts have a zoning designation of Agricultural (A) East: A 4.88± -acre tract that is developed with a single - family home, with a zoning designation of Agricultural (A) West: Two 1.2± -acre tracts that are developed with single - family homes, with a zoning designation of Agricultural (A) GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is designated Urban (Urban — Mixed Use District, Urban Coastal Fringe Subdistrict), on the Future Land Use Map and Element (FLUM and FLUE) of the Collier County Growth Management Plan (GMP). This Subdistrict permits residential development (variety of unit types) at a base density of four residential units per gross acre. However, this applicant's property is also within the County's Traffic Congestion Area, an area identified as subject to long -range traffic congestion. The GMP Density Rating System requires projects so located to reduce the density of the project by one dwelling unit per gross acre (DU /A). Therefore, the maximum allowable density will be 3 DU /A which translates to a maximum of 22 dwelling units on the 7.29± acre subject property as demonstrated below: Base Density Traffic Congestion Area Total Eligible Density 4 DU /A - 1 DU /A 3 DU /A x 7.29 acres = 22 (21.87) dwelling units Staff Report for November 3, 2005 CCPC Briana Breeze, RZ- 2005 -AR -7276 Page 2 of 6 Agenda item No. 8A December 13, 2005 Page 12 of 105 The petitioner has agreed to limit the density of this project to a maximum of 15 total single - family dwelling units, therefore the petition is consistent with the FLUE and the FLUM of the GMP. FLUE Policy 5.4 requires that all new developments be compatible with and complementary to the surrounding land uses. Staff believes this rezone, with the limit of 15 units, will be compatible with the surrounding land uses. ANALYSIS: Environmental: Environmental Services staff has reviewed the petition and will be presenting this petition to the Environmental Advisory Council on November 2, 2005. Transportation: Transportation Department staff has reviewed the petition and notes the following: 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. Based on the trip generation submitted with this application, a total of 182 trip ends on a weekday and a net external maximum of 24 PM peak hours will be generated from the proposed development. The first segment impacted by this development is US -41 from Rattlesnake Hammock to Triangle Boulevard with less than I percent impact. Therefore, this petition is consistent with Policy 5.1 and not applicable to Policy 5.2. Utilities: The Utilities Department staff has reviewed the petition and has offered the following comments: The nearest water main connection would be to a 12 -inch line located at Habitat Drive, and there is a 20 -inch sewer force main in Tamiami Trail. In response to Zoning staffs inquiry regarding required service connection by the neighbors if the petitioner extends service to this site, Utilities staff responded that, in accordance to the Collier County Ordinance 2001 -73, if a water line is available within 200 feet of the property line, connection is mandatory; however, sewer connection is not mandatory given that same site distance until the septic tank fails. Zoning and Land Development Analysis: Zoning staff has reviewed this petition and believes the proposed use is consistent with the GMP as indicated previously in the GMP discussion. The GMP, through Policy 5.4, also requires proposed development to be compatible with and complementary to the surrounding land uses. Development standards, such as building heights, setbacks, landscape buffers, potential building mass, building location, orientation, and the amount and type of open space and location of that open space are considerations of compatibility as well. The purpose and intent of the rural agricultural district (as described in the Land Development Code [LDC]) is to provide lands for agricultural, pastoral, and rural land uses by accommodating traditional agricultural, agricultural related activities and facilities, support facilities related to agricultural needs, and conservation uses. However, single- family homes are a permitted use in the A zoning district. The purpose and intent of the residential single - family districts (RSF) is to provide lands primarily for single- family residences. These districts are intended to be single - family residential areas of low density. The nature of the use is the same in all of these districts. Variation among the RSF -1, RSF - 2, RSF -3, RSF -4, RSF -5, and RSF -6 districts is in requirements for density, lot area, lot width, yards, Staff Report for November 3, 2005 CCPC Briana Breeze, RZ- 2005 -AR -7276 Page 3 of 6 Agenda Item No. 8A December 13, 2005 Page 13 of 105 height, floor area, lot coverage, parking, landscaping, and signs. Certain structures and uses designed to serve the immediate needs of the single- family residential development in the RSF districts, such as governmental, educational, religious, and non - commercial recreational uses, are permitted as conditional uses as long as they preserve, and are compatible with, the single- family residential character of the RSF district(s). The RSF districts correspond to and implement the urban mixed -use land use designation on the Future Land Use Map (FLUM) of the Collier County GMP. The maximum density permissible in the residential - single -RSF districts and the urban mixed -use land use designation shall be guided, in part, by the density rating system contained in the Future Land Use Element (FLUE) of the Collier County GMP. The petitioner in this case is seeking a rezoning to RSF - 4(2.1), which means he wishes to utilize the property development regulations for the RSF -4 zoning district, allowing for smaller individual lots, but has agreed not to exceed a density of three units per acre. The site cannot be rezoned to RSF -4 because that zoning district's 4 units per acre (upa) would exceed what is allowable by the Growth Management Plan (GMP) as explained in the GMP discussion. At 3 upa, the site could be developed with 24 units, but the petitioner indicates that he wishes to develop this site with a maximum of 15 single- family home sites rather than the allowable 24 units. The differences between the Agricultural, RSF -3 and the RSF -4 zoning districts are shown in the table below. Excerpts from Table of Setbacks (LDC Section 2.07.00) and Lot Design Requirements for Principal Uses (LDC Section 4.02.01.A) [in feet, unless otherwise noted] Zoning Front Side Yard Side Yard Rear Lot Lot Width Floor Area of District Yard Waterfront Non- Yard Area (Corner/ Buildings (sq. ft.) Waterfront Interior) (1 story/2 story) A 50 30 30 50 5 acres 165 550 RSF -3 30 10 7.5 25 10,000 95/80 1,000/1,200 RSF -4 25 10 10 25 7,500 75/70 800/1,200 All numbers shown are the required minimum amounts Maximum Building Height of 35 feet is the same in both districts If the rezoning is approved, the petitioner would be required to provide a Type A Buffer (10 -feet wide with trees spaced 30 feet on center) along the perimeter property lines abutting agriculturally zoned land. No buffer would be required between agriculturally zoned lands. The proposed change to the RSF-4(2. 1) zoning district from the Agricultural (A) zoning district is not anticipated to have an adverse effect upon living conditions in the neighborhood. The surrounding Agriculturally zoned properties are developed with single- family homes at densities ranging from one unit per acre to one unit per five acres, however, the immediately adjacent mobile home park is approved for 360 units on 61± acres for a density of 6 upa. The proposed project's use is compatible with the existing uses and the proposed 2.1 upa density appears to be a reasonable density given the surrounding areas. Staff believes the rezoning is consistent with GMP Policy 5.4. Staff Report for November 3, 2005 CCPC Briana Breeze, RZ- 2005 -AR -7276 Page 4 of 6 Agenda Item No. 8A December 13, 2005 Page 14 of 105 NEIGHBORHOOD INFORMATION MEETING: The agent and the petitioner conducted the required meeting on August 10, 2005 at the East Naples Library, 8787 Tamiami Trail East at 5:30 p.m. Fourteen neighboring property owners attended, as well as the developer's team and County staff. Some neighbors voiced opposition to the increase in density and smaller lot sizes (than currently existing in surrounding area): Some persons voiced concern that they will have to pay to connect to county water /sewer service that will be extended to service this project. Other neighbors voiced concern that storm water from this project will flow onto surrounding properties and cause flooding. In response to these and other comments, the developer agreed to limit the development to a maximum of 15 single family lots, and he agreed to install a chain link fence along the northern property boundary between this site and the Tall Oaks project before any Certificates of Occupancy are issued for this project. (Synopsis provided by Linda Bedtelyon, Community Planning Coordinator) STAFF RECOMMENDATION: The proposed rezone is consistent with the applicable provisions of the Growth Management Plan and Land Development Code. Therefore, Zoning and Land Development Review staff recommends that the Collier County Planning Commission forward Petition RZ- 2005 -AR -7276 to the Board of County Commissioners with a recommendation of approval with the condition that the number of units be limited to a maximum of 15 single- family residences. PREPARED BY: KAY DESELEM, AICP, PRINCIPAL PLANNER DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW REVIEWED BY: MARJORIE M. STUDENT - STIRLING ASSISTANT COUNTY ATTORNEY REVIEWED BY: RAY BELLOWS, MANAGER DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW DATE DATE DATE Staff Report for November 3, 2005 CCPC Briana Breeze, RZ- 2005 -AR -7276 Page 5 of 6 Agenda Item No. 8A December 13, 2005 Page 15 of 105 SUSAN MURRAY, AICP, DIRECTOR DATE DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW APPROVED BY: JOSEPH K. SCHMITT, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Tentatively scheduled for the December 13, 2005 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: MARK P. STRAIN, CHAIRMAN DATE Staff Report for November 3, 2005 CCPC Briana Breeze, RZ- 2005 -AR -7276 Page 6 of 6 Q LO in OC O �C O E � , � � N �7 U Q � TWM at ia+ ■ W VJ to N I, Q O O C N Xk Z O U 0 Z 0 iz W �I ■ W VJ to N I, Q O O C N Xk Z O U 0 Z 0 iz W I 4 G iWl 1c KA M1 1 Axe' Y� R°Fd, -P to All REZONE FINDINGS RZ- 2005 -AR -7276 Agenda Item No. 8A December 13, 2005 Page 18 of 105 Chapter 10.03.05.G 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 rezone is consistent with the Future Land Use Element (FLUE) land use designation of the Growth Management Plan (GMP), Environmental staff has indicated that the propose rezone is consistent with the Conservation and Coastal Management Element, and Transportation Planning staff provided an analysis of the applicable objectives, goals and policies of the Transportation Element, and finds that the project is consistent with Transportation Element Policy 5.1. Zoning staff provided an analysis of other pertinent GMP objectives and policies, and recommends that the petition be deemed consistent with the overall 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 GMP. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The proposed zoning district boundaries are logically drawn and they are consistent with the Urban Mixed -Use District — Urban Coastal Fringe Subdistrict on the Future Land Use Map (FLUM) of the Growth Management Plan. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. The growth and development trends and changing market conditions make the proposed rezoning desirable for the applicant. The rezoning is not necessary, per se, but it does seem appropriate. The proposed rezoning is appropriate, as limited by the petitioner to 15 total residential units based on its compatibility with adjacent land uses. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; EXHIBIT "A" Agenda Item No. 8A December 13, 2005 Page 19 of 105 The development standards and landscaping requirements contained in the LDC are intended to mitigate any adverse impact to the living conditions in this neighborhood if the proposed rezoning 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 rezone and has recommended approval of the petition based upon transportation- related GMP policies. The development will be subject to concurrency requirements designed to adequately address traffic congestion concerns when development approvals are sought. 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 (i.e. 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 may or 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 may or 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. 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 complies with the land use designation of Urban Mixed -Use District — Urban Coastal Fringe Subdistrict on the Future Land Use Map (FLUM) of the Growth Management Plan (GMP) which is a public policy statement supporting zoning actions when they are consistent with the entire GMP. Staff is recommending that the petition be deemed REZONE FINDINGS RZ- 2005 -AR -7276 EXHIBIT "A" 3ACurrent \Dese1em \Rezone cases \Briana Breeze Subdivision, RZ- 2005 -AR- 7276 \Findings, Rezone 10- 5- 05.doc Page 2 of 3 Agenda Item No. 8A December 13, 2005 Page 20 of 105 consistent with the overall GMP with stipulations. In light of this fact, approval of the rezone petition would 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 property is currently undeveloped, but could be developed in compliance with the existing zoning, and the uses 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 rezone is compatible with surrounding property in size and scale. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. Each zoning petition is reviewed on its own merit for compliance with the GMP and the LDC; and staff does not review other sites in conjunction with a specific petition. However, suffice to say there are most likely areas of the County with conventional zoning that would allow development of the housing types proposed by the petitioner. The determinants of zoning are consistency with all elements of the GMP, compatibility, adequacy of infrastructure and general compliance with the Land Development Code. 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, the Transportation Planning staff found it inconsistent with the Transportation Element of the GMP. REZONE FINDINGS RZ- 2005 -AR -7276 EXHIBIT °A" :ACurrent \Deselem \Rezone cases \Briana Breeze Subdivision, RZ- 2005 -AR- 7276 \Findings, Rezone 10- 5- 05.doc Page 3 of 3 I. II. III. Agenda Item No. 8A December 13, 2005 Page 21 of 105 Item V.A. ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF November 2, 2005 NAME OF PETITIONER/PROJECT: Petition No.: Petition Name: Applicant/Developer: Engineering Consultant: Environmental Consultant: LOCATION: Rezone RZ- 2005 -AR -7276 Briana Breeze Subdivision Mario Curiale Gulfshore Engineering, Inc. Turrell & Associates, Inc. (Agent) The property is located at 255 Price Street, in Section 4, Township 51 South, Range 26 East, Collier County, Florida. DESCRIPTION OF SURROUNDING PROPERTIES: ZONING DESCRIPTION N - Mobile Home Tall Oaks Mobile Home Park S- Rural Agricultural Price Street, then a 2.27± -acre tract that is developed with a single - family home, and a 4.93± -acre undeveloped tract. E - Rural Agricultural W - Rural Agricultural IV. PROJECT DESCRIPTION: A 4.88± -acre tract that is developed with a single - family home Two 1.2± -acre tracts that are developed with single- family homes The petitioner is requesting a rezone from the Agricultural (A) zoning district to the Residential Single - Family [RSF -4(3)] zoning district. The petitioner is seeking this rezoning to allow development of a maximum of 15 single - family residential dwelling units to be developed on the subject 7.36 acres, which equates to a density of 2.1 dwelling units per acre. The purpose and intent of the EAC Meeting 11/2/05 Briana Breeze Subdivision Page 2 of 8 Agenda Item No. 8A December 13, 2005 Page 22 of 105 residential single- family districts (RSF) is to provide lands primarily for single - family residences. These districts are intended to be single- family residential areas of low density. The nature of the use is the same in all of these districts. Variation among the RSF -1, RSF -2, RSF -3, RSF -4, RSF -5, and RSF -6 districts is in requirements for density, lot area, lot width, yards, height, floor area, lot coverage, parking, landscaping, and signs. Certain structures and uses designed to serve the immediate needs of the single- family residential development in the RSF districts, such as governmental, educational, religious, and non - commercial recreational uses, are permitted as conditional uses as long as they preserve, and are compatible with, the single - family residential character of the RSF district[s]. The RSF districts correspond to and implement the urban mixed use land use designation on the future land use map of the Collier County GMP. The maximum density permissible in the residential- single -RSF districts and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The petitioner in this case is seeking a rezoning to RSF -4(3), which means he wishes to utilize the property development regulations for the RSF -4 zoning district, allowing for smaller individual lots, but has agreed not to exceed a density of three units per acre. V. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The subject property is designated Urban (Urban — Mixed Use District, Urban Coastal Fringe Subdistrict), on the Future Land Use Map and Element (FLUM and FLUE) of the Collier County Growth Management Plan (GMP). This Subdistrict permits residential development (variety of unit types) at a base density of four residential units per gross acre. However, this applicant's property is also within the County's Traffic Congestion Area, an area identified as subject to long -range traffic congestion. The GMP Density Rating System requires projects so located to reduce the density of the project by one dwelling unit per gross acre (DU /A). Therefore, the maximum allowable density will be 3 DU /A which translates to a maximum of 22 dwelling units on the 7.36± acre subject property as demonstrated below: Base Density 4 DU /A Traffic Congestion Area - 1 DU /A Total Eligible Density 3 DU /A x 7.36 acres = 22 (21.87) DU The petitioner has agreed to limit the density of this project to a maximum of 15 total single family dwelling units, therefore the petition is consistent with the FLUE and the FLUM of the GMP. Conservation & Coastal Management Element: EAC Meeting 1 ]/2./05 Briana Breeze Subdivision Page 3 of 8 Agenda Item No. 8A December 13, 2005 Page 23 of 105 Objective 2.2 of the Conservation and Coastal Management Element of the Growth Management Plan states "All canals, rivers, and flow ways discharging into estuaries shall meet all applicable federal, state, or local water quality standards ". To accomplish that, policy 2.2.2 states "In order to limit the specific and cumulative impacts of storm water runoff, storm water systems should be designed in such a way that discharged water does not degrade receiving waters and an attempt is made to enhance the timing, quantity, and quality of fresh water (discharge) to the estuarine system ". This project is consistent with the objectives of policy 2.2.2 in that it attempts to mimic or enhance the quality and quantity of runoff leaving the site by utilizing a lake and interconnected wetlands to provide water quality retention and peak flow attenuation during and after storm events. Objective 6. 1.1 requires a Residential development greater than 2.5 acres in the Coastal High Hazard Area to preserve 25% of the native vegetation on -site. "The site is 7.36 acres in size, though it currently contains approximately 3.99 acres of native habitat due to past clearing activities by a previous owner. Since the past clearing was illegal, the entire site has been used for native vegetation requirements. Post - development, the project will retain /enhance 1.20 acres (16% of the site) and restore /create 0.66 acres of native vegetation, which equates to a 25% (1.86 ac) native vegetation preservation /creation. This meets the requirements outlined in the GMP and LDC. The majority of this preserve, 1.2 acres, is located within the hydric pine community; the remainder of the preserve will be restored to that habitat type or created. There are no adjacent preserves or off -site connectivity to the project site. The site has been hydrated from the drainage swale located at the front of the property as well as from the elevated water table during the rainy season. Locating the preserve at the front of the property maintains this hydrologic connection. This preserve location also provides the shortest and least blocked route for transient animals traveling to or from forested areas further to the east and west. Exotic vegetation will be removed from the site. Reference the enclosed site plan for a visual representation of the habitat retained on the site. " Policy 6.l .4 states, "Prohibited invasive exotic vegetation shall be removed from all new developments." The applicant states in the EIS, "Exotics will be removed from the site. All preserve areas will be maintained exotic free in perpetuity. " Policy 6.2.2 states, "Wetlands shall be defined pursuant to Section 373.019 Florida Statutes." The applicant has provided a wetland line that was drawn up and signed by DEP on July 2, 2001. EAC Meeting 11 /2/05 Briana Breeze Subdivision Page 4 of 8 Agenda Item No. 8A December 13, 2005 Page 24 of 105 Policy 6.2.3 states, "Collier County shall implement a comprehensive process to ensure wetlands and the natural functions of wetlands are protected and conserved." The applicant has expressed that they will apply for the State and Federal permits after the anticipated approval of the Rezone. Objective 7.1 states, the County shall direct incompatible land uses away from listed animal species and their habitats." The applicant found no listed species are known to inhabit this site. Objective 11.1 protects historic and archaeological resources in Collier County. The applicant states, "According the Florida Master Site File, no known historic or archaeological resources are present on or near the site. Please reference Exhibit 3, archaeological information. " Policy 11. 1.3 states, "If, during the course of site clearing, excavation, or other constructional activities, an archaeological or historical site, artifact, or other indicator is discovered, development activities at that specific archaeological site shall be immediately stopped and the appropriate agency notified. Development will be suspended for a sufficient length of time to enable the County or a designated consultant to assess the find and determine the proper course of action in regard to its salvage ability. The County will respond to any such notification in a timely an efficient manner so as to provide only a minimal interruption to any constructional activity. The applicant will comply with this policy during construction. VI. MAJOR ISSUES: Stormwater Management: This project sits in an area that the Collier County Drainage Atlas refers to as "Miscellaneous Coastal Basins" because the basin boundaries are so ill defined due to the flat topography. The water management system consists of one lake that will probably sheet flow across a wetland preserve and into the Price Street swale. The lake and preserve will provide for water quality retention and peak flow attenuation. Because of the presence of wetlands, the project must receive its water management permit from the SFWMD. Environmental: Site Description: EAC Meeting 1 l /2/05 Briana Breeze Subdivision Page 5 of 8 Agenda Item No. 8A December 13, 2005 Page 25 of 105 Jurisdictional on -site wetlands consist of 2.94 acres of hydric pine flatwoods with Brazilian pepper and .97 acres of disturbed land. The upland vegetative communities include 1.05 acres of pine flatwoods and 2.4 acres of disturbed land. Wetlands: Jurisdictional on -site wetlands (approximately 3.91 acres within the property boundary) consist of hydric pine flatwoods with Brazilian pepper and disturbed land. Of the existing wetlands, approximately 0.82 acres of disturbed wetland and 1.74 acres of exotic - invaded pine flatwoods will be impacted. A total of approximately 2.56 acres (65 %) of existing onsite wetlands will be impacted by the proposed project. The applicant is proposing to preserve 1.35 acres (35 %) of the existing wetlands onsite, with 1.2 acres preserved /enhanced, 0.15 acres restored, and an additional 0.51 acres of wetland created. Development is focused on the northern portion of the property where the uplands are located. Existing wetland functions have been impacted by the surrounding development. Any functions impacted by the project itself will be mitigated through the ERP process. At this time, the property owner plans to purchase mitigation credits from an approved mitigation bank to fully compensate for any wetland impacts associated with this project. A preliminary UMAM assessment indicates that the applicant may need to provide approximately 0.88 credits. Details regarding the exact number of credits and bank location will be finalized during the Environmental Resource Permitting process. Preservation Requirements: The site is 7.36 acres in size, though it currently contains approximately 3.99 acres of native habitat due to past clearing activities by a previous owner. Since the past clearing was illegal, the entire site has been used for native vegetation requirements. Post - development, the project will retain /enhance 1.20 acres (16% of the site) and restore /create 0.66 acres (9% of the site) of native vegetation, which equates to a total of 25% (1.86 ac) native vegetation preservation/creation. This meets the requirements outlined in the GMP and LDC. Exotic vegetation will also be removed from the site. Collier County staff is agreeable to approving the Preserve selection before we have the UMAM scores because the area proposed is in accordance with the Preserve selection criteria independent of the UMAM scores. Listed Species: No listed species were found on site. Agenda Item No. 8A December 13, 2005 EAC Meeting 11/2/05 Briana Breeze Subdivision Page 26 of 105 Page 6 of 8 VII. RECOMMENDATIONS: Staff recommends approval of Briana Breeze Subdivision Rezone with the following stipulations: Stormwater Management: 1. A surface water management permit must be obtained from SFWMD prior to approval of any site plans. Environmental: 1. After UMAM scores are accepted by SFWMD, if there are wetlands with greater than a .7 UMAM score, the location of the preserve areas will need to be re- evaluated. EAC Meeting 11/2/05 Briana Breeze Subdivision Page 7 of 8 PREPARED BY: STAN CHRZANOWSKI, P.E. ENGINEERING REVIEW MANAGER ENGINEERING SERVICES DEPARTMENT SUMMER ARAQUE ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT KAY DESELEM, A.I.C.P. PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW Agenda Item No. 5A December 13, 2005 Page 27 of 105 DATE DATE DATE EAC Meeting 11/2,05 Briana Breeze Subdivision Page 8 of 8 REVIEWED BY: BARBARA S. BURGESON PRINCIPAL ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT Agenda Item No. 8A December 13, 2005 Page 28 of 105 DATE WILLIAM D. LORENZ, Jr., P.E. DATE ENVIRONMENTAL SERVICES DEPARTMENT DIRECTOR STEVEN D. GRIFFIN ASSISTANT COUNTY ATTORNEY OFFICE OF THE COLLIER COUNTY ATTORNEY APPROVED BY: DATE JOSEPH K. 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Agenda Metre No. SA December 13, 2005 Page 36 of 105 u APPLICATION FOR PUBLIC HEARING FOR: STANDARD REZONE 2ND RE-SUBMITTAL Petition No.: Date Petition Received: RZ 2005 -AR 7276 -1 PROJECT #2004090009 Commission District: Planner Assigned: DATE: 9 KAY DESELE SELEM ABOVE TO BE COMPLETED BY STAFF 1. General Information: Name of Applicant(s) Mario Curiale. Applicant's Mailing Address 845 Bald Ea We Dr. City Marco Island State FL Zip 34145 Applicant's E -Mail Address: N/A Applicant's Telephone # 642 -8043 Fax # 642 -5602 Name of Agent Tim Hall Firm Turrell & Associates, Inc. Agent's Mailing Address 3584 Exchange Ave. Suite B City Naples State FL Zip 34104 Agent's Telephone # 239 -643 -0166 Fax # 239 - 643 -6632 Agent's E -Mail Address: thall(aturrell- associates.com COLLIER COUNTY COMMUNITY DEVELOPMENT DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403- 2400/FAX (941) 643 -6968 APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 4/14103 Agenda item No. 8A December 13, 2005 *Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and of 105 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) No Association has been formed at this times Name of Homeowner Association: N/A Mailing Address City State Zip Name of Homeowner Association: N /A. Mailing Address city, State Zip Name of Homeowner Association: N/A Mailing Address City State Zip Name of Master Association: N/A Mailing Address City State Zip Name of Civic Association: Mailing Address City State Zip 2. Disclosure of Interest Information: a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, fist 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 N/A APPLICAnON FOR PUBLIC HEARING FOR STANDARD REZONE - 4114/03 Agenda Item No. 8A December 13, 2005 Page 38 of, 105 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 Mario Curiale 100% Southen Development Company, Inc. _ 845 Bald Eagle Dr. Marco Island. FL 34145 C. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Nance and Address Percentage of interest N/A d. If the property is in the name of a GENERAL or LMTED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership N/A e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, lust the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership N/A Date of Contract: £ If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 4114103 Agenda Item No. 8A December 13, 2005 Page 39 of 105 a Name and Address N/A g. Date subject property, acquired ❑ leased ❑ 9/03 Term of lease N/A yrs. /mos. If, Petitioner has option to buy, indicate date of option: N/A and date option terminates: N/A or anticipated closing date N/A 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 legal description of the property covered by the aoolication• (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: 51 Range: _26 Lot: �N/A Block: NIA Subdivision: N/A Plat Book N/A Page #: N/A Property I.D. #: 001 28600009 and 00728640001 Metes & Bounds Description: 4 5126 El /2 OF NE1 /4 OF NW1/4 OF NW1 /4 LESS S 30FT R/W ON S SIDE 4.90 ac: and 4 5126 E1 /2 OF W1/2 OF NE1 /4 OF NW1 /4 OF NWl /4 LESS S 30FT 2.39 AC 4. Size of property: _490 ft. X 360 ft. (approx) = Total Sq. Ft. 317,566.98 Acres 7.29 5. Address /general location of subiect property; 255 Price Street and adjacent parcel_ 6. Adiacent zoning and land use: Zoning Land use N Commercial Mobile Homes APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE 4/14/03 Agenda item No. 5A December 13, 2005 Page 40 of 105 3. The possible creation of 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 for the proposed change. S. Whether changed or changing conditions make the passage of the proposed amendment (rezone) necessary. 6. Whether the proposed change will adversely influence living conditions in the neighborhood 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. 8. Whether the proposed change will create a drainage problem. 9. Whether the proposed change will seriously reduce light and air to adjacent areas 10. Whether the proposed change will seriously affect property values in the adjacent area. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 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. 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 [Code ch. 106, art 17], as amended APPLICA'T'ION FOR PUBLIC HEARING FOR STANDARD REZONE - 4tT4103 Agenda Item No. 8A December 13, 2005 Page 41 of 105 18. Such other factors, standards, or criteria that the board of county commissioners shall deem important in the protection of the public health, safety, and welfare 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. No deed restrictions exist in the area 10. Previous.land use petitions on the subject property: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? None known 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 fifteen (15) copies of a 24" x 36" conceptual site plan (16 copies if for affordable housing) [and one reduced 8' /s" 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 APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 4114103 Agenda Fern No. 8A December 13, 2005 Page 42 of 105 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 survey or waiver application if property is located within an area of historical or archaeological probability (as identified at pre - application meeting); i . The petitioner must provide a letter of no objection from the United States Postal Service prior to submittal of the application. Please contact Robert M. Skebe, Growth Management Coordinator at: U.S. Postal Service 1200 Goodlette Road Naples, Florida 34102 -9998 Phone (23 9) 435 -2122; Fax (23 9) 435 -2160 j . 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. 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 final action on this item, please remove all public hearing advertising sign (s) immediately APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 4114103 Agenda item No. 8A December 13, 2005 Page 43 of 105 EVALUATION CRITERIA NARRATIVE This rezone is proposed for the purpose of providing housing targeted towards the owner's employees. This particular location is very close to the owner's business, and would not only provide homes for his employees, but would also allow them to decrease p their impact on traffic by moving so close to their place of employment. The applicant is t SV requesting ai W___F_-_4)designafion, which is consistent with the maximum of 45ei acre' 17 allowed in Coastal Urban Fringe areas such as this. The neighborhood currently contains a mix of existing uses, primarily agricultural and residential. The properties immediately adjacent to the subject lot are zoned A5; with the exception of the mobile home community to the north, which is zoned commercial. One lot to the south is vacant, and the rest, aside from the mobile home community, are in use as single - family residences. Since many lots in the neighborhood contain single - family residences, the RSF4 zoning would not conflict with current uses in the vicinity. The mobile home community to the north currently has a greater density than that requested in this rezone. Any development that would be proposed on the property would be of a similar scale to existing homes in the community. Development plans would require review by the SFWMD and the County, so no drainage problems would be expected as a result of the rezone. Since homes planned for the lot will be on-scale with others in the neighborhood, no negative effects to property values or living conditions of current �. residents. A potential positive benefit to neighbors would be the extension of water and sewer lines into that portion of the neighborhood, which currently utilizes wells and septic. The applicant has chosen to pursue rezoning and development of this particular lot for several reasons. It is also located very close to the owner's (and targeted future residents') place of employment, is currently surrounded by development, and was impacted by a previous owner who partially cleared the property. The site has street access and utilities in the vicinity. The applicant evaluated the assets of this lot and determined that it was the best option available to construct his desired project. RZ- 2005 -AR -7276 PROJECT #2004090009 DATE: 3/3/05 ROBIN MEYER Details _ Current Ownership —Folio N0.11 00728600009 FWa Property Addressil 255 PRICE ST Agenda Item eB't of 1 December 13, 005 Page 44 of 105 Legal 14 51 26 E112 OF NE1/4 OF NW114 OF NW1 /4, LESS S 30FT, R/W ON S SIDE 4.90 Section Township I Range Acres 11r Map No. Strap No. 04 51 �— 26 T 4.9 11 6B04 512604 047.0006B04 Sub No. 100 —� ACREAGE HEADER Mlllage Area' ''�1 Millage ` Use Code t 99 NON- AGRICULTURAL ACREAGE 53 13.3115 2005 Preliminary Tax Roll (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll Land Value �— $ 275,625.00 ( +) Improved Value $ O.OQ (_) Market Value ��— $ 275,625.00 ( -) SOH Exempt Value $ 0.00 = Assessed Value $ 275,625.00 ( -) Homestead and other Exempt Value $ 0.00 ( =) Taxable Value $ 275,625.00 Soh = -save our Homes° exempt value due to cap on assessment increases. Latest Sales History Date Book - Page Amount 091 2003 3401 -1460 $ 217,000.00 01 12002 - 2972-2634 �— $ 150,000.00 0812000 271 B - 3382 I $ 75,000.00 The Information is Updated Weekly. http:// www. collierappraiser .com/RecordDetail .asp ?FolioID = 0000000728600009 8/10/2005 Agenda Item No. 8A December 13, 2005 STANDARD REZONE APPLICATION Page 45 of 105 SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! REQUIREMENTS # OF COPIES REQUIRED NOT RE UIRE 1. Completed Application 20* v/ 2. Copy of Deed(s) and list identifying Owner(s) and all Partners if a Corporation 2* 3. Completed Owner /Agent Affidavit, Notarized 2* 4. Pre- application notes /minutes 20* 5. Conceptual Site Plans 20* 6. Environmental Impact Statement - (EIS) 4 7. Aerial Photograph - (with habitat areas identified) 5* 8. Completed Utility Provisions Statement (with required attachments and sketches 4 9. Traffic Impact Statement - (TIS) 7 � 10. Historical & Archaeological Survey or Waiver Application 4 ✓ 11. Copies of State and /or Federal Permits 4 j 12. Architectural Rendering of Proposed Structure(s) 4 f 13. Electronic copy of all documents and plans 1 14. Application Fee = $6000.00 plus $25.00 per acre Comprehensive Plan Consistency Review = $750.00 Fire Code Review Fee = $100.00 Check shall be made payable to: Collier County Board of Commissioners - I v/ 15. Letter of no objection from the United States Postal Service. 1 16. Other Requirements - * Additional Documents required for Long -Range Planning Review. As the authorized agent/applicant for this petition, I attest that all of the information 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. %4- Agent/Applicant Signature Date P- &2005 -AR -7276 APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 4114/03 PROJECT #2004090009 DATE: 3/3/05 ROBIN MEYER Agenda Item No. 8A December 13, 2005 R1 _SU1;Ml'1.1P&e 41 of 105 R2r2005 -AR -7276 PROJECT #2004090009 DATE: 7/15105 KAY DESELEM AFFIDAVIT We/I, 5ou4' e\ Cj, ,Dbeing first duly sworn, depose and say that we/I 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 We/f further authorize -iv r --e-( AS 5 d e-; 5 , l n G • to act as our /my representative in any matters rem ding this Petition. M-a-da OV r I `Cc ` t—:� pre s'Jul� Typed or Printed Name of Owner Signature of Property Owner Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this &44 day of 200 �5- , by MayY 0 Cu tr t'p l-e who is personally known to me or has produced Ay i y e f s t t c e kc,-P as identificatiom State of Florida (Signature of No Public - State of County of Collier Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) +Y LEE M. RUSSELL MY COMMISSION A DD 068506 =� o WIRES: Wo* 30, 2005 Bonded Thru Notary Ptac undemMrs APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE — 4/14103 b. CITY UT"i y ls if wl:K m u a . FRANCS UTIIdTY SYSTEM ❑ PROVIDE NANZ : . d.' rACKAGE TREATMENT PLANT ❑ ( &PA csp�ist,Y) Q . SEPTIC SYSTEM ❑ 5 . TYPE OF WATER SERVICE TO BE PROVIDED- a. COUNTY UtMITY'SYSTEM . QTY UTS.iTY SYSTEM c. FRANCHISED UTILITY SYSTEM -. PROVIDE NAME El d. PRIVATE SYSTEM (WELL) RZ- 2005 -AR -7276 PROJECT #2004090009 DATE: 3/3/05 ROBIN MEYER Agenda Item No. 5A . December 13, 2005 I SEWER- GRAVfTY Page 48 of 105 BRIANA BREEZE SUBDIVISION SANITARY SEWER SYSTEM ANALYSIS GEI: 129 A. Sewage Generation Rate per 10D -6 HRS Residential single Family Bldg Sewage Flow Total Residential Units = 1 Population per unit = 3 Total Residential population = 45 persons Average daily flow per person = 100 gpd.. Average daily flow for residential population = 4500_ gpd. Average 1= stimated Daily Flow for Project = 4500 gpd Peak Factor Hours of daily operation = 18 hrs Adjusted Peak flow for Project => 11250 gpd => 625.00 gph Adjusted Instantaneous Peak Flow = 10.42 gpm Summary. Peak Residential Sewage Flow 10.42 gpm Or • Agenda Item No. &A December 13, 2005 ' A Articles of incorporation of SOUTHERN DEVELOPMENT CO., INC. The undersigned • acting +w incorporator of a corporation under the Florida Business Corporation Act, adopts the following Articltic, es of Incorporation for such corporation_ FIRST: 'The name of the corporation is Southern Development co., Inc. SECOND: The period of duration of the corporation is perpetual. THIRD: The purpose or purposes for which the co oration .is and all business authorized' organized are to engage in any by dte laws of the United States and the State of Florida. FOURTH: Authorized Shares. Number. The Aggregate number of shares that the corporation shall have the authority to issue is 1,000 shares of Capital Stock with a par value of $1.00 per, shire.. ntY Stated capital. The sum of the par value of all shares of Capital Stock of the corporation that have been issued shall be the- capital of the corporation at any particular Lune. Dividends. The holders'of the outstanding capital stock shall be entitled. to receive, when and as declared by the Board of Directors, dividends payable either. in cash, in property, or in • shares of the capital stock of the corporation. No classes of stock.' The shares og thr corporation are not to be divided into classes, No shares in series. The corporation is not authorized to issue shares in series. FIFTH: The initial address in Florida of size 141dal registered office of the corporation is 247 North Collier Boulevard, Suite 202, Marco Island, Florida, 34145 and the name of the initial registered agent at such address is William G. Morris. SIXTH; The principal officeZf the corporation, if known, or its mailing address is P 2056, Marco Island, Florida 34146. a . O. Box SEVENTH: initial board of directors shall consist of one (1) member. Members of the Board of Director's need not be residents of Florida or shareholders of the corporation. EIGHTH: The names and addresses of the persons who shall serve as directors until the firs annual meeting of shareholders, follows: or until successors shall have been elected and qualified are as RE- SUBMITTAL - -� "- RZ- 2005 -AR -7276 PROJECT #2004090009 DATE: 7 /15/05 KAY DESELEM U Agenda Item No. 8A nPCeCY hPr 13, 2005 f Page 50 of 105 Name - Number, and -Street City State Zp C Mario Curiale 845 Bald Eagle Drive Marco Island FL 34145 NINTH: The name and address of the initial incorporator- is as follows: Name Number and Street City State 2p Mario Curiale 845 Bald Eagle Drive Marco Island FI; :. ' 34145 TENTH: 'The. shareholders shall have the power to adopt, amend, alter, chaiige or repeal the 'articles of incorporation when,proposed and•approved at a stockholders meeting, with not less than a majority vote of the Common stock, with the exception of Article Eleventh, which shall require unanimous vote for change. E VEN Tg: Stock transfer restrictions may i-; adopted and amended by_unanimous vote of the initial directors prior to issuance of stock, and thereafter by the unanimous approval of shareholders. TWELFTH: The holders of the common stock of this corporation shall. have preemptive rights to purchase, at prices, terms and conditions that shall be fixed by the Board of Directors, such of the share- of the stock of this corporation as may be issued for money from time to time, in addition to that stock authorized and issued by the corporation. The preemptive right of any stockholder is determined by the ratio of the authorized and issued. shares of ednunon stock held by the holder to all shares of common stock currently authorized and issued.. IN WITNESS WHEREOF, the und'e'rsignpl has made and subscribed these icles of incorporation at Marco Island, Florida on' the day of 19 The undersigned does hereby accept appo Curiale, Incorporator as regis5ted age;pfq this corporation. :agistere gt r—�OP r.. r Agenda Item No. 8A December 13, 20175 ,._._.. Page 51 of 105 UNANIMOUS WRITTEN CONSENT OF DIRECTORS IN LIEU OF ORGANIZATIONAL MEETING OF SOUTHERN DEVELOPMENT COMPANY, INC I, the undersigned, being all of the , directors of SOUTHERN DEVELOPMENT COMPANY, INC, consent to the taking of the following action in lieu of an organizational meeting pursuant to Section 607.0821 of the Florida Business Corporation Act, and waive any notice to be given in connection with such meeting pursuaiu to Section 607.0823 of such Act: RESOLVED by the board of directors of SQUTHERN DEVELOPMENT.COMPANY, INC. that: (1) Adoption of Bylaws. The corporation adopts as the bylaws of the corporation the form of bylaws attached as Exhibit A. (2) Election of Officers. Each of the following persons is elected to the office set forth opposite his or her name to serve at the pleasure of the board of directors and until his or her successor has been duly elected and qualified: Name of Officer Office Mario Curiale President Mario Curiale Vice- President Mario Curiale Secretary Mario Curiale Treasurer (3) Adoption of Seal. The form of corporate seal, conforming to provisions of the bylaws of the corporation, and making the following impression is adopted as the seal of the corporation: [SEAL] (4) Adoption of Form of Stock Certificate. The form of stock certificate, attached as Exhibit B, is adopted as the form of stock certificate representing the shares of the corporation. 1 Agenda Stern No. 3A _ December 13, 2005 f Page 52 of 105 / r (5) Issuance of Initial Shares. (a) Acknowledgment of Subscriptions.. - The corporation acknowledges that subscriptions were accepted by it, by the filing of its articles of incorporation, from the persons, in the amounts, and for the consideration set forth below, pursuant to a Subscription Agreement dated August 1, 1999, which is attached as Exhibit C: Subscriber Number of Consideration . Shares , Mario Curiale 100 $500.00 (b):Payment of Subscriptions. The officers of the corporation are authorized to call for the payment of such subscriptions and to issue shares evidenced by properly executed stock certificates against receipt of the subscription price. Such shares shall be issued pursuant to and in accordance with Section 1244, IRC. (c) Nonassessability. On receipt of the subscription price from each subscriber and the issuance of shares to him or her, such shares will be validly authorized and issued, fully paid and nonassessable. (d) Allocation of Proceeds. Of the aggregate consideration received by the corporation for the capital stock to be issued, $500.00 shall be allocated to the capital stock account of the corporation and the balance shall be allocated to the paid -in surplus account. (b) Designation of Bank "Depository. The President of the corporation is authorized to open on behalf of the corporation, such accounts as he or she deems necessary or appropriate at financial institution of choice and to endorse any checks, drafts, notes, orders, and bills of exchange payable to, or otherwise the property of, the corporation; to deposit them in such accounts; and to draw and sign checks on such accounts in the naive of the corporation. The board of directors adopts any resolutions required by such bank in connection with its designation as depository, provided the president of the corporation instructs the secretary in writing to insert as an appendix to this consent a copy of such resolutions, which shall be deemed to have been 2 ✓ Agenda Item No. 8A December 1�3, 2005 Page 53 of 105 adopted by the board of directors: however; the company shall borrow only in accordance with specific resolutions of the board of directors, and nothing contained here shall be construed to adopt any resolution granting blanket authority to an individual to borrow on be corporation. �' half of the COMP EXECUTED by the undersi d, as first director of SOUTHERN DEVELOP , INC., on to indicated MENT . ector Date 1 3 Agenda Item fro. 8A December 13, 2005 Page 54 of 105 Return To: William G. Morris, Esq. 247 North Collier Boulevard, Suite 202 Marco Island, FL 341.45 THIS IS A BALLOON MORTGAGE AND THE FINAL PRINCIPAL PAYMENT OR THE PRINCIPAL BALANCE DUE UPON MATURITY IS $75,000.00, TOGETHER WITH ACCRUED INTEREST, IF ANY, AND ALL ADVANCEMENTS MADE BY THE MORTGAGEE UNDER THE TERMS OF THE MORTGAGE. MORTGAGE DEED THIS MORTGAGE DEED executed the day of January, 2002, by Mario Curiale, A single . man, hereinafter called the mortgagor, whose post office address is 845 Bald Eagle Drive, Marco Island, FL 34145, to Ronald D; Newman, hereinafter called the mortgagee, whose post office address is 28 Cheyenne Trail, Naples, FL 34113; (wherever used herein the terms "mortgagor" and "mortgagee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations; and the tern "note" includes all the notes herein described if more than one.) WITNESSETH, that for good and valuable considerations, and also in consideration ofthe aggregate sum named in the promissory note of even date herewith, .hereinafter described, the mortgagor hereby grants, bargains, sells, aliens, remises, conveys and confirms unto the mortgagee all the certain land of which the mortgagor is now seized and in possession situate in Collier County, Florida; viz: PARCEL I: The East %z of the Northeast 1/4 of the Northwest 1/4 of the Northwest 1/4 of Section 4, Township 51 South, Range 26 East, Collier County, Florida, subject to a 30 foot easement of the South side for road right -of -way. PARCEL II: The East % of the West 1/2 of the Northeast 1/4 of the Northwest I/4 of the Northwest 1/4 of Section 4, Township 51. South, Range 26 East, Collier County Florida, Less 30 feet reserved for road right -of -way on the South Side. TO HAVE AND TO HOLD the same, together with the tenements, hereditaments and appurtenances thereto belonging, and the rents, issues and profits thereof, unto the mortgagee, in fee simple. AND the mortgagor covenants with the mortgagee that the mortgagor is indefeasible seized of said land in fee simple; that the mortgagor has good right and lawful authority to convey said land as aforesaid; that the mortgagor will make such further assurances to perfect the fee simple title to said land.in the mortgagee as nay reasonably be required; that the mortgagor hereby fully warrants the title to said land and'will defend the same against the lawful claims of all persons whomsoever, and that said land is free and clear of all encumbrances except restrictions, reservations and easements of record and taxes for the year 2001.. { PROVIDED ALWAYS, that if said mortgagor shall pay unto said mortgagee the certain promissory note hereinafter substantially copied or identified, to wit; and shall perform, comply with and abide by each and everythe agreements, stipulations, conditions and coven ants thereof, and ofthis mortgage, then this mortgage and the estate hereby created, shall cease, determine and be null and void. Agenda Item No. 8A December 13, 2005 Page 5.5 of 105. AND the mortgagorhereby further covenants and agrees to pay promptly when due the principal and interest _. and other sums of money provided for in said note and this mortgage, or either, to` pay all and singular the taxes, assessments, levies, liabilities, obligations, and encumbrances-of every nature on said property; to permit, commit or suffer no waste, impairment or'deterioration of said land or the improvements thereon at any time; to keep the buildings now or hereafter on' said land fully insured in a sum of not less than full insurable value in a company or companies acceptable to the mortgagee, the policy'or policies to be held by, and payable to, said mortgagee, and in the event any sum of money becomes payable by virtue of such insurance the mortgagee shall have the right to receive and apply the same to the indebtedness hereby secured, accounting to the mortgagor for any suiplus; to pay all costs, charges, and expenses, including lawyer's fees and title searches reasonably incurred or paid by the mortgagee because of the failure of the mortgagor to promptly and fully comply with the agreements, stipulations, conditions and covenants of said note and this mortgage, or either; to perform, comply with and abide by each and every the agreements, stipulations, conditions and covenants set forth in said note and this mortgage or either. In.the event the mortgagor fails to pay when due any tax, assessment, insurance premium or other sum of money payable by virtue of said note and. this. mortgage, or either, the mortgagee may pay the same, without waiving or affecting the option to foreclose or any other right hereunder, and all such payments shall bear interest from date thereof at the highest lawful rate then allowed by the laws of the State of Florida. IF any sum of money herein referred to be not promptly paid within 30 days next afterthe same becomes due, or.if each and every the agreements, stipulations, conditions and covenants of said note and this mortgage, . or either, are not fully performed, complied with and abided by, then the entire sum mentioned in said note, and this mortgage, or the entire balance, unpaid thereon, shall forthwith or thereafter, at the option of the mortgagee,,become and be due and payable, anything, in said note or herein to the contrary notwithstanding. Failure by the mortgagee to exercise any of the rights or options herein provided shall not constitute a waiver of any rights or options under said note or this mortgage accrued or thereafter accruing. Any payments not received by mortgagee on or before the 15th day of its due date shall incur and be accompanied by a late payment penalty of $50.00 or 5 % of the payment amount, whichever is greater. Failure to include this, penalty with the payment shall be a material default hereunder. This mortgage is due and payable in full upon sale or transfer of any ownership interest in the property serving as security hereunder. No inferior mortgages secured by this property shall be permitted without written consent of mortgagee. THIS IS A PURCHASE MONEY MORTGAGE. THIS IS A BALLOON MORTGAGE AND THE FINAL PRINCIPAL PAYMENT OR THE PRINCIPAL BALANCE DUE UPON MATURITY IS $75,000.00, IF ANY, AND ALL ADVANCEMENTS MADE BY THE MORTGAGEE UNDER THE TERMS OF THIS MORTGAGE. Agenda Item No. 6A December 13, 2005 Page 56 of 105 IN WITNESS WHEREOF, the said mortgagor has hereunto signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of: Witness #l'Si ature By: Mario Curiale • } Wi ess #1 Print Witness #2 Signature Witness #2 Print Name r STATE OF T" COUNTY OF �,�..► I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared Mario Curiale, to me known to be the person or persons described in and who executed the foregoing instrument or who has produced . as identification and who did not take an oath and acknowledged before me that he executed the same. WITNESS my hand and official seal in the County and State last aforesaid this day of January, 2002. NOTARY SIGNATURE Printed Name My Commission Expires: 61� NOTARY SIGNATURE Printed Name My Commission Expires: - Agenda (tern No. 8A December 13, 2005 RE- SUBMIT- I'A(Page 57 of 105 RZ- 2005 -AR -7276 PROJECT #2004090009 DATE: 7/15/05 KAY DESELEM This instrument oreNred with hr�yj��, or opinion of title- and after recordine to- Kevin A. Denti, Esquire Cheffy Passidomo WIlson & Johnson, LLP 821 FIfth Avenue South, Suite 201 Naples, Florida 34102 Parcel Identification Number: 00728600009 and 06728640001 File Number: STB -8414 AlSOVE SPACE FOR CLERK'S USE ONLY-- - - - - -- WARRANTY DEED THIS INDENTURE, made this - i o day of September, 2003, by and between MARIO CURIALE, an unmarried person, whose post office address is 845 Bald Eagle Drive, Marco Island, FL 34145, GRANTOR, and SOUTHERN DEVELOPMENT CO., INC., a Florida corporation, whose post office address is 845 Bald Eagle Drive, Marco Island, FL 34145, GRANTEE. WITNESSETH, that said GRANTOR, for and in consideration of the sum of TEN ($10.00) DOLLARS, and other good and valuable consideration, to said GRANTOR in hand paid by said GRANTEE, the receipt whereof is hereby acknowledged, have granted, bargained, and sold to the said GRANTEE, and GRAN'TEE'S heirs and assigns forever, the following described land situate, lying and being in Collier County, Florida, to wit: The'East one -half (1/2) of the Northeast one - quarter (1/4) of the Northwest one - quarter (1/4) of the Northwest -one- quarter (1/4) of Section 4, Township 51 South, Range 26 East, Collier County, Florida. and The East one -half (1/2) of the West one -half (1/2) of the Northeast one - quarter (1/4). of the Northwest one - quarter (1 /4)-of the Northwest one - quarter (1/4) of Section 4, Township 51 South, Range 26 East, Collier County, Florida. SUBJECT to restrictions and easements common to the subdivision, oil, gas and mineral rights of record, if any, and real estate taxes for 2003 and all subsequent 'years. TOGETHER with all the tenements, hereditaments, and appurtenances thereto belonging oi• in anywise appertaining. GRANTOR does hereby fully warrant the title to said Iand and will defend the same against the lawful claims of all persons whomsoever. Agenda Item No. 8A December 13, 2005 Page 58 of 105 IN WITNESS WHEREOF, GRANTOR has hereunto set GRANTOR'S hand and seal the day and year-first above written. Signed, sealed, and delivered In the presence of: Witness #1 A O CURIA, LE Print a H ow; % . `�� fitness z Print Name Below: STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrumen as acknowledged before me this ��ay of September, 2003, by MARIO CURIALE, . who is personally known to me or [ J who, has - produced as identification. HOLLY HINDS NOTARY PUB C MY COMMISSION 1 DD 001108 EXPIRES: February 12, 200 ••'?a,,,'1�' BonGO Thm Noury po3k Und. �m,n - 1 TYPED OR PRINTED N ME OF NOTARY MY COMMISSION EXPIRES: Ri -xr 5 • Agenda Item No. 8A December 13, 2005 2924910 OR; 2MIG5,91584 *. RICORDID in 011ICIAL RECORDS of COLLIER COUTTO 01/30/2002 at 02:48PN DWIGHT 11. BROCI, CLSRI;::ra . COBS 150000.06„ UC 11111 6.001. Y DOC•.70 1050.00:':x.'' Reta: WILLIAM G !{ORRIS PICI DP WARRANTY DEED Made this BY of _ �.i�i'�1 /) 2002. BETWEEN Ronald D. Newmann a married man, party of the first part, Grantor, whose post office address is 28 Cheyenne Trail, Naples, Flori a 34113, and Mario Curiale, an unmarried man, party of the second part, GRANTEE, whose post office ad ress is 845 Bald Eagle Drive, Marco Island, Florida 34145. WITNESSETH: That 'e said party of the first part for and in consideration of the sum of TEN DOLLARS AND NO /100, plus other good an valuable consideration, to it in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said party of the second part, its successors and assigns forever, tht following described land situate, lying and being in the County of Collier and State of Florida, to -wit: PARCEL 1. The East % of the tortheast 1/4 of the Northwest 14 of the Northwest 114 of Section 4, Township 51 South, Range 26 East, Collier County, Florida, subjeclt to a 30 foot easement of the South side for road right -of -way. PARCEL II: The East'/: of the West % of the Northeast 1/4 of the Northwest 1/4 ofthe Northwest 1/4 of Section 4, Township 51 South. Range 26 East, Collier CountyiFlorida, Less 30 feet reserved for road right -of -way on the South Side. . Subject to ad Valorem real prope taxes for the year of closing and subsequent years; zoning, building code and other restrictions imposed by govern I ntal authority; outstanding oil, gas and mineral interests of record; if any and restrictions, reservations and ease men common to the subdivision. Grantor warrants this is not home tead property nor is property contiguous to Grantor's homestead. Property Appraisers Parcel Identification Numbers are 00728600009 and 00728640001. And the said party of the first pa i does hereby fully warrant title to said land, and will defend the same against the lawful claims of all persons whomsoever except for ad valorem real property taxes for 2002 and subsequent years; zoning, building code and other u e restrictions imposed by governmental authority; outstanding oil, gas and mineral interests of record; if any and restrictions, reservations and easements common to the subdivision. IN WITNESS WHEREOF, the said party of the first part has hereunto set Its hand and seal the day and year oianun. weifinn.. I � Agenda Item No. SA December 13, 2005 Page 60 of 105 PRE- APPLICATION MEETING NOTES . REZONE - STANDARD � r , Date: 6 o� Tun e• . 1:15 Firm: �J Project Name: . Applicant Name. / eat �- Phone-. Owner Narne: l t 'LCr Owner Address: Phone: Meeting Attendees: Planner:. yi D /' 1 Li, r ► l d I OK CA9t4tJ6_, We), — Submittal Requirements (refer to'application for additional requirements) 20 Copies of the following: (❑ 1 additional set. if located in the Bayshore /Gateway_Triangle Redevelopment Area) ❑ Completed Application ❑ Pre- application Meeting Notes ❑❑ Conceptual Site Plan 24X 36" and One 8 % X I I" copy PUD document and Master Plan 2 Copies of the following: Deeds/Leuals List identifying Owner & all parties of corporation Owner /Agent Affidavit signed & notarized J Completed Addressing Checklist 4 Copies of the following: Environmental Impact Statement (EIS) or waiver�Ca�� Historical Survey or waiver request ❑ . Utility Provisions Statement w /sketches ❑ ArchitecturaI rendering of proposed structures ❑ Architectural Review required Survey, signed & sealed , • 1 ��� y10�� !1 Seven (7) Traffic Impact Statement (TIS) or waiver Five (5) copies of Recent Aerial Photograph (with habitat areas defined.) min scaled 1" = 400' One (1) Electronic copy of all documents and plans (CDRom or Diskette) One (1). Letter of no objection from the United States Postal Service. Contact Robert M. Skebe at (239) 435 -2122 RZ-2005 -AR -7276 PROJECT #2004090009 DATE: 3/3/05 ROBIN MEYER Agenda Item No. 8A ` Fees: December 13, 2005 � gage 61 of 105 Application Fee: $6,000 + $25 per. acre $100.00 Fire Code Review Q $750.00 Comprehensive Planning Consistency Review $500.00 Pre- application fee (to be credited toward application fee, if submitted within 9 months of pre- application meeting). $1600.00 Environmental Impact Statement review fee $681.00 Legal Advertising costs for CCPC meeting (to be reconciled upon receipt of invoice from Naples Daily News). $205.00 Legal Advertising costs for BCC meeting Fee Total $ 7 Ff Meeting Notes , 1D, &.O GACurrentlPre -App formslPUD pre- app.dae Revised May 5, 2005 Agenda Item No. 8A RZ-2005-AR-7DGcember 13, 2005 PROJECT #200409010-6e 62 of 105 DATE: 313/05 ROBIN MEYER UNITEDST:17ES POSTAU SERVICE. December 22, 2004 Kara Cave Turrell & Associates, Inc. 3584 Exchange Ave. Suite B Naples, Florida. 341043732 Letter of no objection, Briam- Breeze, The Postal Servi.ce has no objection to delivery in your development, pending the mode of delivery in which we will establish in accordance with your approved P.U.D. Sincerely, Bob Skebe Growth Management NAPLES MAIN OFFICE 1200 GOODLETTE RD N NAPLES. FL 34102-9998 Maria M. Camps Thomas A, Collins, JI o Susan R. Healy Benjamin C. Isemari C. Richard Mancini Christopher J. Thomton' Richard M. Treiser Christopher T. Vernon July 27, 2005 TREISER, COLLINS ,& VERNON ATTORNEYS AT LAW 3080 Tamiami Trail East Naples, Florida 34112 Telephone (239) 649 -4900 Fax (239) 649 -0823 Internet: www.swflalaw.com G.o�� Ag1.AZI* N 0`5 5 t: 5 P 63 of 7(2470'_. . 'RECEIVED James L. Arnold a X of Counsel 2Q05t] Also admitted in Kentucky if J ■ Also admitted in New York JUG`' x Also admitted in Virginia ZONING DEPARi'MENi°' Also admitted in the District of Columbia Jim Mudd .. VIA HAND DELIVERY County Manager . 3301 East Tamiami Trail ' —c.— . Naples, FL 34112 RE: Southern Development Company, Inc. Brianna Breeze; RZ- 2005 -AR -7276 Notice of NIM Scheduled for August 10, 2005 at 5:30 pm at East Naples Library Dear Mr. Mudd: In accordance with LDC Section 10.03.05.F.1, I am writing on behalf of the Petitioner, Southern Development Company, Inc., to furnish to the County Manager and the Office of the Board of County Commissioners the list of parties noticed for the above referenced Neighborhood Information Meeting and to provide the date, time and location of the Neighborhood Information Meeting. We are holding the Neighborhood Information Meeting at 5:30 pm on August 10, 2005 at the East Naples Branch of the Collier County Public Library. The library'is located at 8787 Tamiami Trail East, Naples, Florida 34111 The list of parties who have received notice of the Neighborhood Information Meeting is reflected on the enclosed Affidavit of Compliance. Thank you for your attention and consideration. Please feel free to contact me if you have any questions. Very truly yours, COLLINS & VERNON . Christopher J. Thornton, Esq. cc: Office of the Collier County Board of County Commissioners (VIA HAND DELIVERY) Kay Deselem, Collier County Planning Services (via regular mail) Linda Bedtelyon, Collier County Planning Services (via regular mail) Mario Curiale, Southern Development Company, Inc. (via regular mail) Tim Hall, Turrell & Associates, Inc. (via regular mail) Joss Nageoh De Lestang, Gulfshore Engineering, Inc. (via regular mail) D Agenda Item No. 8A December 13, 2005 Page 64 of 105 AFFIDAVIT OF COMPLIANCE I hereby certify that pursuant to Ordinance 2004 -72, of the Collier County Land Development Code, I did give notice by mail to the following properly owners and :or condominium and civic associations whose members may be impacted by the proposed land use changes of an application request for a.rezoning, PUD amendment, or conditional use, at least 10 days prior to the scheduled Neighborhood Information Meeting. For the purposes of this requirement' equirement, the names and addresses of Iroperty owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the county to be notified. The said notice contained the layman's description. of the site property of proposed change and the date, time,-'an'd place of a Neighborhood Information Meeting. Per attached letters and or property owner's list, attached hereto as Exhibit "A ", which are hereby made apart of this Affidavit of Compliance. Christopher J. Thomton, Esq. Agent for Petitioner State of Florida County of Collier The foregoing Affidavit of Compliance was sworn to, subscribed and acknowledged before me this Q7 day of July, 2005 by Christopher J. Thornton, who is personaljy known to me. ,/ N DOROTHY JD SAYERS MY COMMSSON t DD 4WO a EXPIRES: Match 14 '��iri�, tiad�eTiruNOrryl+ib90 [affix.notary seal above] ignature of Typed or PrintediName of Notary I Notary Public, State of Florida My Commission Expires: oO q Brianne- Breeze Rezone RZ- 2005 -AR -7276 NIM °r Agenda Item No: 8A December 13, 2005 Page 65 of 105. Exhibit "A" to Affidavit of Compliance Dean H. and Pamela J. Bremerman Eduarda Perez 149 Price Street '2448 Chandler Avenue Naples, Florida 34113. Fort Myers, FL 33907 Robert R. and Dorothy P. Bryan Thomas and Beverly Pizzuto , 213 Price Street 217 Price Street Naples, Florida 34113 Naples,.Florida 34113 East Naples Civic Association . Andrew D. Purcell Afire: Bob Murray, President Jade J. Kellerhouse 9087 Michael Circle 240 Price Street Naples, FL 34113 Naples, Florida 34113. East Naples Civic Association Katherine S. Reuter Attn: Marci Seamples, Editor /Reporter 265 Price. Street 3823 Tamiami Trail East, PMB #274 Naples, FL 34113 Naples, FL 34112 Bruce and Harlene Richardson Robert E. and Patricia Emerson 274 Price Street 225 Price Street • Naples, Florida 34113 Naples, Florida 34113 Rookery Bay Tree Farms, Inc. Joseph and Catherine Fazio 216 Price Street John and Patricia Marzuta Naples, Florida 34113 425 Adirondack Ct. Marco Island, FL 34145 David V. and Inez Smith 215 Price Street _ Hill Crest Estates, Inc. Naples, Florida 34113 c/o Lee D. Williams P.O. Box 60 David and Monique Smith Spinnerstown, PA 18968 260 Price Street w- �. Naples, Florida 34113 . Hitching Post Co-Op Attn:. Richard Eskridge, President Oleta B. Smith 32 Cheyenne.Trail 215 Price Street Naples, FL 34113 Naples, Florida 34113 Hitching Post RV Travel Resort Southern Development Co., Inc. 100 Barefoot Williams Road 845 Bald Eagle Drive Naples, FL 34113 Marco Island, FL 34145 William and Dorothy Knight Victoria Falls Homeowners Association Sandra K. Shedden Attn: Ariana Friedlander, Representative 256 Price Street 11145 Tamiami Trail East Naples, FL -34113 Naples, FL-'34113 Terry E. Larsen. Victoria Falls Homeowners Association 256 Price Street Attn: Yolanda Herrera, President Naples, Florida 34113 12167 Fuller Lane - Naples, FL 34113 - Wayne L. and Sally R. Patenaude - 87 Garrison.Lane Thomas and Susan Zenz Contoocook, NH 03229 285 Price Street Naples, Florida 34113 Brianne Breeze Rezone RZ- 2005 -AR -7276 N1M o u+ 1 3: 30 FAX r, -ref l�,% Agenda Item 13dN��� December , Page 66 of. 105 RZ-2005 -AR -7276 PROJECT #2004090009 DATE: 3/3/05 ROBIN MEYER COLLIER COUNTY APPLICATION FOR WAIVER OF ELISTORIC AND. .ARCHAEOLOGICAL SURVEY AND ASSESSMENT PROTECT NAME: �1�;_ V; Ste_ DATE: LOCATION (CO )Ai ON DESCRIPTION): SUMMARY OF WAIVER REQUEST: SECTION 0NF ' APPLICANT AND PROPEkT'Y ObVNERSHIP DATE A. Name of applicant(s) '(if other than property owner, state rcla -10 ship such as option holder, contract Purchaser, lessee, trustee, etc.): Mailing Address: Phone: (2307 FAX: ( � 3 5 ) �� �{ — S O A . B. Name of agent(s) for ap licant, if any: ,, ,zit ��,' • �� Mailing Address: 3 Phone: FAX: Page 1. of 4 ts: :sa F.�I C. Namc of owners) of property, ifdiffcrent than applicant: Mailing Address: Phone: ( ' ) FAX: ( ) Agenda Item !��8A . December 13, Page 67 6f,l05 . Note; If names in answers to A and/or B are different than name in C, notarized letters) of authorization from property owners) (C) must be attached. SECTION TWO; SUBJECT PRf}PERTY DATA A. Legal description of subject property. Answer only I or 2, as applicable. I. Within platted subdivision, recorded in official Plat Books of Collier County. Subdivision Name: . Plat Book Page _1_Unit Block Lot---- Section Township�i Range g Note: Attach copy offhe plat book page (obtainable from Clerk's Office at the original with subject property clearly marked. scale) 2. If not in platted subdivision, a complete legal description must be attached which is sufficiently detailed so as to Iocate said property on County maps or aerial photographs. legal description must. include the Section, Township and Range. If the aplic aeThe total a le 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 sufficientIy detailed so as to locate said property, and may require a certified survey or boundary sketch to be s bmi ed. B. Property dimensions. � C Area: square feet, or • o� Q ---- -_ ( acres , Width along roadway �- Depth- C. Present use of property t,+1tr% D. Present zoning classification: :5 Page 2 of 4 _ i... U4 1:1:3J Agenda lter:O_�.45A . . December 13,,2005 Page 68 of 105 . SECTION THREE: WAIVER CRI'1TERi41WAIVER 1R.EQUEST A. Properties located within an area of Historical/Archaeological Probability with low potential for historical /archaeological sites may petition the Community. Development and Environmental . Services Administrator or his designee to waive the requirement for an Historical/Archacological 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 Iow potential for historical /archaeological sites. Justification shah 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 easons 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 pEa-ty 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, 1. interpretfatio* nHof Aerial Photograph: ' ' />� .,! A 1�{ ,-e Q--) - 1i�b (+ i�F_.t CQ.�'l Ct • C�'G� K- (O C.C. O •Z �-£ ! �1.t'? • -tom. � C�hc7••Q�� `v ' � a` . or +rr�' 2_ Historical Land Use Description: 3. Land, cover, formation and vegetation description: {r_rI ,-fit -f-5 O f, Ac or Celt 4. Other: f�-e_ in- p �' ; � L � r- e.r-�c� � � e t�5• -� ,--e � -2.r-f � r� �-� n.,�� c.� /L 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 -amajor 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 Page 3of4 13 : 3 1 F.J.( - Agenda Item I" ` December 13, Page 69 of 105 . Preservation Board when it is not complete value. ly evident that the site is without archaeological or historic , 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 infonnatioa shall be the responsibility of the applicant. B. All information submittedwith the application be perman ent part of the file. comes a part of the public record and shall be a C. All attachments and exhibits submitted shall be of 'a` size tha a legal size (8 %i' X 14 ") folder, t will fit or conveniently fold to fit into. Signa _ of Applicant or At, gent - - Prmted rlame of Applicant or Agent **TO BE COMPLETED BY THE CONSfUNITY.DEVELOPMENT, SERVICES DMSION ** SECTION FIVE: NOTICE OF DECISION A:. The Community Development and Environmental Services Administrator or his designee has made the following determination: 1. Approved on: . 2. Approved with Conditions. on: (see attachment) 3. Denied on: (see attachment) `J FLORIDA DEPARTMENT OF STATE Glenda E. Hood Secretary of State DIVISION OF HISTORICAL RESOURCES November 12, 2004 Kara Cave ' Turrell & Associates, Inc, 3584 Exchange Ave., Suite ]3 Naples, FL 34104 -3732 Dear Ms, Cave: Agenda Item December 13,.2 Page 70.of 105 In response to your inquiry of November 11, 2004, the Florida Master Site File lists no previously recorded cultural resources in the following parcels: 751 S, R—) 6E, Section 4 ' In interpreting the results of our search, please remember the following points: • Areas which have not been completely surveyed, such as.yours, may contain unrecorded archaeological sites, unrecorded historically important structures, or both. • As you may know, state and federal laws require formal environmental review for some projects, Record searches by the staff of the Florida Master Site File do not constitute such a review of cultural resources. If your project falls under these laws, you should contact the Compliance Review Section of the Bureau of Historic Preservation at 8:50- 245 -6333 or at this address, Sincercfy, Katy Hickman Data Analyst, Florida Master Site File Division of Historical Resources R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399 -0250 Phone: 850-245-6440 State SunCom: 205 -6440' Fax line: 850 -245 -6439 Email: fmsfile @dos.srare.Ji.us Web: hrtp: �iwww.dos.srare fl.us %d .n,s�; 500 S. Bronough Street . Tallah2ssee, FL 32399 -0250 , h O Direet ttp; / /www,QherftaSe COm o�a Office C3 Archaeological Research (830) 245.6300 - FAX: 245 -6435 (850) 245-6444 , FAX 245�i36 0 Historic PreaervaHon Q historical Museums (850) 245 -6333 , FAX: 245 _6�137 (950) 245 400 • FAX. 2456433 0 Palm Beach Regional Office ❑ St, Augustine Region•) office O Tampa. RegtonaI'Office (561) 279 -1475 - FAX: 279 -1476 (904) 8231504,5 • FAX: S25-504,y f8131272,3849 •FAY- TOTAL P.02 1 :r Agenda Item No. SA { TRAFFIC IMPACT STATEMENT December 13, 2005 Page 72 of 105 BRIANA BREEZE SUBDIVISION SINGLE FAMILY DETACHED HOUSING CLASSIFICATION TRIP GENERATION REPORT [Ref. ITE -7th Edition ] PREPARED FOR: Southern Land Development, Inc. PREPARED BY: � ­4 V, GULF5HOi%'i `� 5Y6 ENGINE F- K,]NG, INC. 421 WIDGEON POINT NAPLES, FLA. 34105 DATE: 03 -Jan-05 GEI PN: 129 RZ-2005 -AR -7276 PROJECT #2004090009 DATE: 3 13/05 ROBIN MEYER 1 TIS- 0103051 /3/2005 TRAFFIC IMPACT STATEMENT TRIP GENERATION REPORT Briana Breeze Subdivision Guifshore Engineering, Inc. SINGLE FAMILY DETACHED HOUSING CLASSIFICATION Ref: ITE -7th Edition SUMMARY Agenda Item No. 8A December 13, 2005 Page 73 of 105 This project is a proposed Single Family Residential project [LUC 210] with direct access on Price Street. Price Street is a 2 -lane undivided highway at this location. The ITE manual 7th Edition has been used to generate the traffic counts given. TRAFFIC MODEL RESULTS This model was run with two j21 independent variables to obtain two sets of results. Independent Variables were based on the ITE manual.• [a] for No. of Dwelling Units, [b] No. of Persons, [c] No. of Vehicles. 1. Highest Average Weekday Traffic Movements 2. Peak Hour AM Weekday Traffic Movements 3. Peak Hour PM Weekday Traffic Movements CONCLUSIONS Entering => 73 ADT Exiting => 73 ADT Entering =_> 6 vph . Exiting => 17 vph Entering == 16 vph Exiting ==> 8 vph The above calculations demonstrate that traffic volumes will not exceed the Collier County criteria ILDC 3.2.4.8.96]. Average Daily Traffic [AD77 will be less that 1000 vehicles, and Peak Hour Traffic will not exceed 100 vehicles per hour. No further traffic anal vsls is required. 2 TIS- 0103051 /3/2005 2. Average AM Peak Hour Traffic:... a. Using 'DWELLING UNITS' Independent Variable Equation DaRntdona and Equallom._. (T) - 0.70'(X) + 12-OS M OUT Indeperderd Variable - X - 13 2li% Traffic Direction Dbbamrlion 74% Compulsd Total Trips - T - 23 ve b Estimated Traffic Total ErdamV °> 8 Exaxrg ='° 17 b. Using - PERSONr bdspended Variable Equation Definition and Eguadons.... Ln(T) - 031")0 -0.39 IN OUT Independe l Variable - X - 45 ® Traffic Direction Distribution 70% Compuied Total Trips - T - 15 6 b Esti nested Traffic Totals Eirnming -s 5 Exdhg 11 a Using'VEHICLEW Indepandeat Variable Equation Deftnfaoraand Equadwa.- M - a.50•(X) + US IN OUT Independent Variable - X - 30 30% Traffic Direction Distribution Cwpdad Total Trips - T - 17 b b Essuatod Traffic Totals Erulenni, -a 5 Ein ing sa 12 Summary . Maxlaxen applicable traft count Entering -s+ © Exwng m 17 3. Average PM Peak Hour Traffic... a. Using 'DWELLING UNITS' Independent Variable Equation - DeffnRions and Equals m - Ln(T) - GMIjK)Q +031 IN OUT independam Variable - X - 15 64% Traffic Direction Dstributon Computed Total Trps - T - 20 6 b Estimated Traffic Tool Entering --s 13 Exiling -e T b. Using *PMSONS Mdependnn Variable Equation Deffnldora arM Eu7uatbm�. Ln(T) - 0.a91-npQ -0.34 IN OUT independsrd Variable . X • 45 88% Traffic Dfreetio n Distribution 34% Catuputed Total Trips - T - to a v Estimated Traffic Totals ErderkV -o 12 EXSV w 0 c. Using'VEHKXJW Independent Variable Equaflon Definitions and Equations.... LnM - 0.921n()Q+0X5 IN OUT Independent Variable - X - 30 ® Traftk Direction Distribution 34% Computed Tall Trips - T - 24 a 0 Estimated Traffic Totals Entering — 78 - Exu,g -.s a Summary MaximumapplIcableb. count Entering— 18 Exiting- 3 - TIS-0103051rJUM Agenda item No. 8A December 13, 2005 TwnciMPACTSTATEmew Page 74 of 105 BRIANA BREEZE SUBDrnS1ON Guashore Engineering, Ina TRIP GENERATION REPORT SINGLE FAMILY DETACHED HOUSING CLASSIFICATION iTE Land Use Classlfrcation - 21a Total Residential Dwellings X -bb 13 iota -m 30 vehicles Total Ea hmated Residents - X-persona F is pasorn A. Average Vehicle Trip Ends Computation - 1. Average Weekday Traffic... a. Uaft DWELi1NG UNITS' bndepende t Variable Equation De9nlihm and Equations.... Ln(T) - 0.924.n(X)+ L71 Independent Variable - X • 15 L_ I Traffic Direction Distribution L� Co mpuled TutN Trips - T - 182 8 a Estimated Traffic Taints Enteriy 91 Exting — 91 IL Using'PFRSONr Independent Variable Equation Deffnidons and Equadom.... Ln(T) - 0.91'lnPQ • 132 IN OUT I ndeperude t Variable - X - 45 ® Tmffk Direction Distribution Cwnpuled Total Trips - T - 146 a a Estimated Traffic, Totals E dwing — 73 Exbv w 73 e Using - VEHICLEr brdeiv ndeu Variable Equation + Deffnitbnaand Equatlara.... a L.rn(T)- "rLn(X) +1.a1 # IN our Undepanderd Variable - X - 30 ® Tra1Da Direction Distribution Computed Total Trips . T - m 6 - 6 Esaamtsd Traffic Totals in8 •-> 89 ExYirty --> 89 +mY Afmdmum applicable trarile count Emadng ® of Exiting ® ® 2. Average AM Peak Hour Traffic:... a. Using 'DWELLING UNITS' Independent Variable Equation DaRntdona and Equallom._. (T) - 0.70'(X) + 12-OS M OUT Indeperderd Variable - X - 13 2li% Traffic Direction Dbbamrlion 74% Compulsd Total Trips - T - 23 ve b Estimated Traffic Total ErdamV °> 8 Exaxrg ='° 17 b. Using - PERSONr bdspended Variable Equation Definition and Eguadons.... Ln(T) - 031")0 -0.39 IN OUT Independe l Variable - X - 45 ® Traffic Direction Distribution 70% Compuied Total Trips - T - 15 6 b Esti nested Traffic Totals Eirnming -s 5 Exdhg 11 a Using'VEHICLEW Indepandeat Variable Equation Deftnfaoraand Equadwa.- M - a.50•(X) + US IN OUT Independent Variable - X - 30 30% Traffic Direction Distribution Cwpdad Total Trips - T - 17 b b Essuatod Traffic Totals Erulenni, -a 5 Ein ing sa 12 Summary . Maxlaxen applicable traft count Entering -s+ © Exwng m 17 3. Average PM Peak Hour Traffic... a. Using 'DWELLING UNITS' Independent Variable Equation - DeffnRions and Equals m - Ln(T) - GMIjK)Q +031 IN OUT independam Variable - X - 15 64% Traffic Direction Dstributon Computed Total Trps - T - 20 6 b Estimated Traffic Tool Entering --s 13 Exiling -e T b. Using *PMSONS Mdependnn Variable Equation Deffnldora arM Eu7uatbm�. Ln(T) - 0.a91-npQ -0.34 IN OUT independsrd Variable . X • 45 88% Traffic Dfreetio n Distribution 34% Catuputed Total Trips - T - to a v Estimated Traffic Totals ErderkV -o 12 EXSV w 0 c. Using'VEHKXJW Independent Variable Equaflon Definitions and Equations.... LnM - 0.921n()Q+0X5 IN OUT Independent Variable - X - 30 ® Traftk Direction Distribution 34% Computed Tall Trips - T - 24 a 0 Estimated Traffic Totals Entering — 78 - Exu,g -.s a Summary MaximumapplIcableb. count Entering— 18 Exiting- 3 - TIS-0103051rJUM Agenda Item No. 8A December 13, 2005 Page 75 of 105 Excerpts from the Environmental Impact Statement m Agenda Item No. 8A December 13, 2005 Page 76 of 105 BRIANA BREEZE SEC 49 TWP 51S9 RNG 26E COLLIER COUNTY, FLORIDA ENVIRONMENTAL IMPACT STATEMENT Revised September 2005 Prepared By: TURRELL & ASSOCIATES, INC. 3584 EXCHANGE AVE. SUITE B NAPLES, FL 34104 INFORMATIONAL RZ- 2005 -AR -7276 PROJECT #2004090009 DATE: 9130/05 KAY DESELEM AgeWaStatement o.8A Section 4, Townsr -' 5 EnvironmeatalI Revised September 2005 10.02.02 Submittal Requirements for All Applications A. Environmental impact statements 4. Information required for application. a. APPLICANT INFORMATION 1. Responsible person who wrote the EIS and his/her education and job related environmental experience. Timothy C. Hall B.S. Wildlife Ecology, University of Florida 13 years environmental field experience ii. Owner(s) /agent(s) name, address, phone number & e -mail address. Owner: Southern Development Company, Inc. (Mario Curiale, president) 845 Bald Eagle Dr. Marco Island, FL 34145 Agent: Timothy Hall Turrell & Associates, Inc. 3584 Exchange Ave. Suite B Naples, FL 34104 Phone: 139 -643 -0166 e -mail: thall @tairrell- associates.com B. MAPPING AND SUPPORT GRAPHICS i. General location map. See attached location map. (Sheet 1) ii. Native habitats and their boundaries identified on an aerial photograph of the site extending at least 200 feet outside the parcel boundary. This does not mean the applicant is required to go on to adjoining properties. Habitat identification consistent with the Florida Department of Transportation Florida Land Use Cover and Forms Classification System (FLUCFCS) shall be depicted on an aerial photograph having a scale of one inch equal to at least 200 feet when available from the County. Other scale aerials may be used where appropriate for the size of the project, provided the photograph and overlays are legible at the scale provided. A legend for each of the FLUCFCS categories found on- site shall be included on the aerial. 4 Agenda !tern No. SA ©ecerg 1 r�5 Section 4, Township Sq�; c 5 Environmental Impact Statement Revised September 2005 Please see the enclosed aerial photograph with FLUCCS (Sheet 2). Ili. Topographic map, and existing drainage patterns if applicable. Where possible, elevations within each of FLUCFCS categories shall be provided. Please reference the enclosed FL UCFCS map with existing topographic information (Sheet 2). !v. Soils map at scale consistent with that used for the Florida Department of Transportation Florida Land Use Cover and Forms Classification System determinations. The Collier County Soil Survey shows that the majority if the site is site is soil #2 Holopaw Fine Sand, Limestone substratum with a small area of soil #10 Oldsmar Fine Sand, Limestone Substratum at the southeast corner. Please see the enclosed soils map and description (Exhibit 2) derived from the USDA Soil Survey of Collier County, 1998. V. Proposed drainage plan indicating basic flow patterns, outfall drainage. and off -site Please reference the attached Water Management Report (Exhibit 4) Vi. Development plan including phasing program, service area of existing and proposed public facilities, and existing and proposed transportation network in the impact area. A site plan has been provided as Sheet 3. The building footprint has been overlain on the FL UCFCS map and is provided with this submittal for review (Sheet 4). vii. Site plan showing preserves on -site, and how they align with preserves on adjoining and neighboring properties. Include on the plan locations of proposed and existing development, roads, and areas for stormwater retention, as shown on approved master plans for these sites, as well as public owned conservation lands, conservation acquisition areas, major flowways and potential wildlife corridors. The development footprint has been provided on an aerial at a scale that also shows adjacent lands. The site is completely surrounded by developed agriculture and residential lots. Vii. For properties in the RLSA or RFMU Districts, a site plan showing the location of the site, and land use designations and overlays as identified in the Growth Management Plan. Not applicable. Agenda Item No. 8A Dec M;O-* )5 Section 4, Township 5 MI J6 atA05 Environmental Impact Statement Revised September 2005 c. PROJECT DESCRIPTION AND GMP CONSISTENCY DETERMINATION. 1. Provide an overall description of the project with respect to environmental and water management issues. The project is a small, single-family neighborhood with one cul -de -sac street for access. Some of the on -site wetlands have been previously impacted by clearing activities. The project proposes the restoration of a portion of these areas (0.1 S acres), creation of 0. SI acres of wetland from disturbed upland, and the preservation and enhancement of 1.20 acres of other on -site wetlands. ii. Explain how the project is consistent with each of the Objectives and Policies in the Conservation and Coastal Management Element of the Growth Management Plan, where applicable. The proposed project is consistent with the Objectives and Policies in the Conservation and Coastal Management Element of the Growth Management Plan. Applicable Objectives are listed below, with appropriate responses given. Policy 2.2.2: In order to limit the specific and cumulative impacts of stormwater run- off, stormwater systems should be designed in such a way that discharged water does not degrade receiving waters and an attempt is made to enhance the timing, quantity and quality of fresh water to the estuarine system. Non - structural methods such as discharge and storage in wetlands are encouraged. The project will meet all State, Federal, and local water quality standards. Policy 2.2.3: Chemical spraying for aquatic weed control should be conducted with extreme caution. The use of appropriate biological and mechanical (use of harvesting equipment to remove vegetation) controls in both the canal system and stormwater detention ponds is encouraged. Manufacturers and EPA guidelines for chemical use in aquatic habitat will be followed. Manufacturers and EPA guidelines for chemical use in aquatic habitat will be followed. OBJECTIVE 5.4: The County shall maintain its program to control soil erosion through its regulations identifying criteria to control and reduce soil erosion and Agenda Item No. 8A Dece5danalar 5 Section 4, Township 51rJ39RQ,qffi5 Environmental Impact Statement Revised September 2005 sediment transport from construction and other nonagricultural land disturbing activities. Silt fencing will be utilized during construction activities to minimize impacts to preserved wetlands. OBJECTIVE 6.1 The County shall protect native vegetative communities through the application of minimum preservation requirements. The following policies provide criteria to make this objective measurable. These policies shall apply to all of Collier County except for the Eastern Lands Study Area, for which policies are required to be adopted by November 1, 2002. See below. Policy 6.1.1 For the County's Urban Designated Area, Estates Designated Area, ' Conservation Designated Area, and Agricultura!/Rural Mixed Use District, Rural- Industrial District and Rural - .Settlement Area District as designated on the FLUM, native vegetation shall be preserved on -site through the application of the following preservation and vegetation retention standards and criteria, unless the development occurs within the Area of Critical State Concern (ACSC) where the ACSC standards referenced in the Future Land Use Element shall apply. The site is 7.36 acres in size, though it currently contains approximately 3.99 acres of native habitat due to past clearing activities by a previous owner. Since the past clearing was illegal, the entire site has been used for native vegetation requirements. Post - development, the project will retain enhance 1.20 acres (16% of the site) and restore /create 0.66 acres of native vegetation, which equates to a total of approximately 25% (1.86 ac) native vegetation preservation/creation. This meets the requirements outlined in the GMP and LDC The majority of this preserve, 1.2 acres, is located within the hydric pine community; the remainder of the preserve will be restored to that habitat type or created. Since there are no adjacent preserves or off -site connectivity to the project site, we have located the preserve to provide the most benefit to the surrounding area. The site has been hydrated from the drainage swale located at the front of the property as well as from the elevated water table during the rainy season. Locating the preserve at the front of the property maintains this hydrologic connection. This preserve location also provides the shortest and least blocked route for transient animals traveling to or from forested areas further to the east and west. Exotic vegetation will be Appgen Item No. 8A Section 4, Towns hie S ��5 Environmental Impact Stat �t 5 Revised September 2005 removed from the site. Reference the enclosed site plan for a visual representation of the habitat retained on the site. Policy 6.1.4 Prohibited invasive exotic vegetation shall be removed from all new developments. (1) Applicants for development permits shall submit and implement plans for invasive exotic_plant removal and long -term control. (2) Maintenance plans shall describe specific techniques to prevent re- invasion by prohibited exotic vegetation of the site in perpetuity. (3) The County shall maintain a list of prohibited invasive exotic vegetation in the Land Development Code and update it as necessary. Exotics will be removed from the site. All preserve areas will be maintained erotic free in perpetuity. Policy 6.1.7 The County shall require native vegetation to be incorporated into landscape designs in order to promote the preservation of native plant communities and to encourage water conservation. This shall be accomplished by: (1) Providing incentives for retaining existing native vegetation in landscaped areas; (2) Establishing minimum native vegetation requirements for new landscaping; and, (3) Wet detention ponds within the Urban Designated area shall have a littoral shelf with an area equal to 2.5% of the ponds surface area measured at the control elevation and be planted with native aquatic vegetation. Wet detention ponds within the Rural Fringe Mixed Use District, shall have a littoral shelf with an area equal to 30% of the ponds surface area measured at the control elevation and be planted with native aquatic vegetation. (4) Stormwater management systems within the Rural Lands Stewardship Area (RLSA) Overlay shall be designed pursuant to the RLSA policies found in the Future Land Use Element. Native vegetation will be preserved and /or restored outside of the development construction area. Approximately 25% of the site is preserved in the proposed plan. Appropriate littoral plantings will be utilized along the lake shoreline. Policy 6.1.8 An Environmental Impact Statement (EIS) is required, to provide a method to objectively evaluate the impact of a proposed development, site alteration, or project upon the resources and environmental quality of the project area and the community and to insure Agen a Item No. 8A pace , leirW5 Section 4, Township 5P5dWfigec16JV5 Environmental Impact Statement Revised September 2005 that planning and zoning decisions are made with a complete understanding of the impact of such decisions upon the environment, to encourage projects and developments that will protect, conserve and enhance, but not degrade, the environmental quality and resources of the particular project or development site, the general area and the greater community. This EIS is submitted for this requirement. OBJECTIVE 6.2: The County shall protect and conserve wetlands and the natural functions of wetlands. The following policies provide criteria to make this objective measurable. These policies shaII apply to all of Collier County except for the Eastern Lands Study Area, for which policies are required to be adopted by November 1, 2002. See below. Policy 6.2.1: As required by Florida Administrative Code 9J5- 5.006(1)(b), wetlands identified by the 1994 -1995 SFWMD land use and land cover inventory are mapped on the Future Land Use Map series. These areas shall be verified by a jurisdictional field delineation, subject to Policy 6.2.2. of this element, at the time of project permitting to determine the exact location of jurisdictional wetland boundaries. A FL UCFCS map is attached. Policy 6.2.2: Wetlands shall be defined pursuant to Section 373.019 Florida Statutes. The location of jurisdictional wetland boundaries are further described by the delineation methodology in Section 373.421 Florida Statutes. Extents of wetlands were determined using the methodology set forth by the Florida Statutes. Policy 6.2.3 Collier County shall implement a comprehensive process to ensure wetlands and the natural functions of wetlands are protected and conserved. The process outlined within this policy is primarily based on directing concentrated population growth and intensive development away from large connected wetlands systems. These wetland systems have been D Agend, Item No. 8A Section 4, TownshieP ce � 8a1#F5 Environmental Impact �P Statement Revised September 2005 identified based on their type, values, functions, sizes, conditions and locations within Collier County. These systems predominantly occur east of the Urban boundary. Many fall within public lands or lands targeted for acquisition. High quality wetlands systems located on private property are primarily protected through native vegetation preservation requirements, or through existing PUD commitments, conservation easements, or Stewardship Sending Area Designations, or via the NRPA or Sending designations in the, Rural Fringe. Protection measures for wetlands and wetland systems located within the Eastern Lands portion of the County's Rural and Agricultural Assessment (depicted on the FLUM) will be adopted prior to November 1, 2002. Within the Urban and Estates designated areas of the County, the County will rely on the jurisdictional determinations made by the applicable state or federal agency. Where permits issued by such state or federal agencies allow for impacts to wetlands within Urban and Estates designated areas and require mitigation for such impacts, this shall be deemed to preserve and protect wetlands and their functions. State and Federal permits are currently being pursued. OBJECTIVE 7.1 The County shall direct incompatible land uses away from listed animal species and their habitats. These policies shall apply to all of Collier County except for the Eastern Lands Study Area, for which policies are required to be adopted by November 1, 2002. No listed species are known to inhabit this site. Policy 7.1.4: (re- numbered to reflect merger of Ordinance No. 2002 -32 and 2002 -541 All development shall comply with applicable federal and state permitting requirements regarding listed species protection State and federal requirements will be addressed during the ERP permitting process. OBJECTIVE 8.1: All activities in the County shall comply with all applicable Federal and State air quality standards. The project will not contribute to air pollution. OBJECTIVE 11.1: To protect historic and archaeological resources in Collier County. t Agenda Item No. 8A Dece 5 Section 4, Township 5�' §, 14615 Environmental Impact Statement Revised September 2005 According the Florida Master Site File, no known historic or archaeological resources are present on or near the site. Please reference Exhibit 3, archaeological information. Policy 11.1.3: If, during the course of site clearing, excavation, or other constructional activities, an archaeological or historical site, artifact, or other indicator is discovered, development activities at that specific archaeological site shall be immediately stopped and the appropriate agency notified. Development will be suspended for a sufficient length of time to enable the County or a designated consultant to assess the find and determine the proper course of action in regard to its salvageability. The County will respond to any such notification in a timely an efficient manner so as to provide only a minimal interruption to any constructional activity. The applicant will comply with this policy during construction. d. NATIVE VEGETATION PRESERVATION. i. Identify the acreage and community type of all upland and wetland habitats found on the project site, according to the Florida Land Use Cover and Forms Classification System ( FLUCFCS). Provide a description of each of the FLUCFCS categories identified on -site by vegetation type (species), vegetation composition (canopy, midstory and ground cover) and vegetation dominance (dominant, common and occasional). Jurisdictional on -site wetlands (approximately 3.91 acres within the property boundary) consist of hydric pine flatwoods with Brazilian pepper and disturbed land. Please see the attached FL UCFCS map (Sheet 2) for the relative size and location of this wetland area. The following list is a brief summary of the major flora within the wetland plant community and relative abundance (common, occasional, or rare). Common Name Scientific Name Stratum Abundance 740h - Disturbed Iands MelaIeuca Melaleuca quinquenervia M C Broom grass Andropogon virginicus G C Caesarweed Urena lobata G C Saltbush Baccharis glomerulifolia M O Swamp fern Blechnum serrulatum G O Wax myrtle Myrica cerifera M O Woman's tongue tree Albizia lebbeck G/M C (west side) Common Name Scientific Name Stratum Abundance 411 —Pine latwoods Pine Pinus elliotti Agenda Item No. 8A C Melaleuca DeceA iwalg 5 Section 4, Township 5TS 0115 C O Environmental Impact Statement Sabal palmetto M Revised September 2005 Wedelia Wedelia trilobata G C (west side) 625 — Hydric nine flatwoods 1>75% exotics) Schinus terebinthifolius Pine Pinus elliotti C C Melaleuca Melaleuca quinquenervia C C Cabbage palm Sabal palmetto M C Myrsine Myrsine guianensis M C Brazilian pepper Schinus terebinthifolius M C Saltbush Baccharis glomerulifolia M O Swamp fern Blechnum serrulatum G O Poison ivy Toxicodendron radicans V O Wax myrtle Myrica cerifera M O Cypress Taxodium distichum M/C O/R Dahoon holly Ilea cassine M/C R Palmetto Serenoa repens G R C = Canopy M = Midstory G = Groundcover V = Vine E = Epiphyte * - Protected species The upland vegetative communities include pine flatwoods and disturbed land. The following list is a brief summary of the major flora within each upland plant community. Please see the attached FL UCFCS Map (Sheet 2) for relative size and location of the areas. Common Name Scientific Name Stratum Abundance 411 —Pine latwoods Pine Pinus elliotti C C Melaleuca Melaleuca quinquenervia C O Cabbage palm Sabal palmetto M O Myrsine Myrsine guianensis M C Brazilian pepper. Schinus terebinthifolius M C Palmetto Serenoa repens G O Poison ivy Toxicodendron radicans V O Wax myrtle Myrica cerifera M O 740 — Disturbed lands Melaleuca Melaleuca quinquenervia M C Broom grass Andropogon virginicus G C Saltbush Baccharis glomerulifolia M C Caesarweed Urena lobata G C Wax myrtle Myrica cerifera M O Z Agenda Item No. 8A Decernb.er 13, 2005 ete5 Section 4, Township 51 S, Range 26E Environmental Impact Statement Revised September 2005 Beggar -tick Bidens pilosa G O Dog fennel Eupatorium compositifolium G O C = Canopy M = Midstory G = Groundcover V = Vine E = Epiphyte * - Protected species ►i. Explain how the project meets or exceeds the native vegetation preservation requirement in Goal 6 of the Conservation and Coastal Management Element of the Growth Management Plan, and Division 3.9 of the Land Development Code. Provide an exhibit illustrating such. Include calculations identifying the acreage for preservation and impact, per FLUCFCS category. The site is 7.36 acres in size, though it currently contains approximately 3.99 acres of native habitat due to past clearing activities by a previous owner. Since the past clearing was illegal, the entire site has been used for native vegetation requirements. Post - development, the project will retain /enhance 1.20 acres (16% of the site) and restore /create 0.66 acres of native vegetation, which equates to a total of approximately 25% (1.86 ac) native vegetation preservation /creation. This meets the requirements outlined in the GMP and LDC. Exotic vegetation will also be removed from the site. Reference the enclosed site plan for a visual representation of the habitat retained on the site. iii. For sites already cleared and in agricultural use, provide documentation that the parcel(s) are in compliance with the 25 year rezone limitation in Policy 6.1.5 of the Conservation and Coastal Management Element of the Growth Management Plan and Chapters 4 and 10 of the Land Development Code. For sites cleared prior to January 2003, provide documentation that the parcel(s) are in compliance with the 10 year rezone limitation previously identified in the Growth Management Plan and Land Development Code. N/A iv. Have preserves or acreage requirements for preservation previously been identified for the site during previous development order approvals? If so, identify the location and acreage of these preserves, and provide an explanation if they are different from what is proposed. No previous development has occurred on this property other than some minor clearing activities. A previous owner cleared some portions of the property to install fencing, but was stopped and fined for clearing within wetland areas without a permit. V. For properties with Special Treatment "ST" overlays, show the ST overlay on the 10 Agenda Item No. 8A Section 4, Township g� 2 5 Environmental Impact Statement Revised September 2005 development plan and provided an explanation as to why these areas are being impacted or preserved. N/A e. WETLANDS. i. Define the number of acres of Collier County jurisdictional wetlands (pursuant to Policy 6.2.1 and 6.2.2 of the Conservation and Coastal Management Element of the Growth Management Plan) according to the Florida Land Use Cover and Forms Classification System ( FLUCFCS). Include a description of each of the FLUCFCS categories identified on -site by vegetation type (species), vegetation composition (canopy, midstory and ground cover) and vegetation dominance (dominant, common and occasional). Wetland determinations are required to be verified by the South Florida m Water Management District or Florida Department of Environental Protection, prior to submission to the County. Jurisdictional on -site wetlands (approximately 3.91 acres within the property boundary) consist of hydric pine flatwoods with Brazilian pepper and disturbed land. Please see the attached FL UCFCS map (Sheet 2) for the relative size and location of this wetland area. The following list is a briefsummary of the major flora within the wetland plant community and relative abundance (common, occasional, or rare). Common Name Scientific Name Stratum Abundance 740h - Disturbed lands Melaleuca Melaleuca quinquenervia M C Broom grass Andropogon virginicus G C Caesarweed Urena lobata G C Saltbush Baccharis glomerulifolia M O Swamp fern Blechnum serrulatum G O Wax myrtle Myrica cerifera M O Woman's tongue tree Albizia lebbeck G/M C (west side) Wedelia Wedelia trilobata G C (west side) 625 — Hydric nine flatwoods ( >750/D exotics Pine Melaleuca Pinus elliotti Melaleuca quinquenervia C C C Cabbage palm Sabal palmetto M C C Myrsine Myrsine guianensis M C Brazilian pepper Schinus terebinthifolius M C Saltbush Baccharis glomerulifolia M O 11 Agenda Item No. 8A Decer�0{i5 Section 4, Township 'ff a 2 Environmental Impact Statement Revised September 2005 Swamp fern Blechnum serrulatum G O Poison ivy Toxicodendron radicans V O Wax myrtle Myrica cerifera M O Cypress Taxodium distichum M/C O/R Dahoon holly Ilex cassine NYC R Palmetto Serenoa repens G R C = Canopy M = Midstory G = Groundcover V = Vine E = Epiphyte * - Protected species ii. Determine seasonal and historic high water levels utilizing lichen lines or other biological indicators. Indicate how the project design improves /affects predevelopment hydroperiods. Provide a narrative addressing the anticipated control elevations} for the site. The high water elevations in the wetland are approximately 3.5 NGVD. Indicate the proposed percent of defined wetlands to be impacted and the effects of proposed impacts on the functions of these wetlands. Provide an exhibit showing the location of wetlands to be impacted and those to be preserved on -site. Describe how impacts to wetlands have been minimized. T etland impacts are illustrated on the attached impacts /preserves drawing. Of the existing wetlands, approximately 0.8' acres of disturbed wetland and 1.74 acres of erotic- invaded pine flatwoods will be impacted. A total of approximately 2.56 acres (65%) of existing onsite wetlands will be impacted by the proposed project. However, with the project as proposed, 0.51 acres of wetland will be created, 0.15 acres will be restored, and 1.? acres will be preserved /enhanced. Development is focused on the northern portion of the property where the uplands are located. Existing wetland functions have been impacted by the surrounding development. Any functions impacted by the project itself will be mitigated through the ERP process. iv. Indicate how the project design compensates for wetland impacts pursuant to the Policies and Objectives in Goal 6 of the Conservation and Coastal Management Element of the Growth Management Plan. For sites in the RFMU District, provide an assessment, based on the South Florida Water Management District's Uniform Mitigation Assessment Method, that has been accepted by either the South Florida Water Management District or the Florida Department of Environmental Protection. For sites outside the RFMU District, and where higher quality wetlands are being retained on -site, provide justification based on the Uniform Mitigation Assessment Method. At this time, the property owner plans to purchase mitigation credits from an approved mitigation bank to fully compensate for any wetland impacts associated with this project. A preliminary UMAM assessment indicates that the applicant 12 Agend Item No. SA Section 4, Township ��$ Environmental Impact Statement Revised September 2005 . may need to provide approximately 0. 88 credits. Details regarding the exact number of credits and bank location will be finalized during the Environmental Resource Permitting process. f. SURFACE AND GROUND WATER MANAGEMENT. 1. Provide an overall description of the proposed water management system explaining how it works, the basis of design, historical drainage flows, off -site flows coming in to the system and how they will be incorporated in the system or passed around the system, positive outfall availability, Wet Season Water Table and Dry Season Water Table, and how they were determined, and any other pertinent information pertaining to the control of storm and ground water. Please reference the attached Water Management Report (Exhibit 4). ii. Provide an analysis of potential water quality impacts of the project by evaluating water quality loadings expected from the project (post development conditions considering the proposed land uses and stormwater management controls) compared with water quality loadings of the project area as it exists in its pre - development conditions. This analysis is required for projects impacting five (5) or more acres of wetlands. The analysis shall be performed using methodologies approved by Federal and State water quality agencies. Please reference the attached Water Management Report (Exhibit 4). iii. Identify any Wellfield Risk Management Special Treatment Overlay Zones (WRIM -ST) within the project area and provide an analysis for how the project design avoids the most intensive land uses within the most sensitive WRM -STs. Not applicable. g. LISTED SPECIES. i. Provide a plant and animal species survey to include at a minimum, listed species known to inhabit biological communities similar to those existing on -site, and conducted in accordance with the guidelines of the Florida Fish and Wildlife Conservation Commission and the U.S. Fish and Wildlife Service. State actual survey times and dates, and provide a map showing the location(s) of species of special status identified on -site. It is felt that a full 40 hour threatened and endangered species survey is not necessary for this property. .4 transect survey to determine the presence of any listed species on the site was conducted and the results are included below. ii. Identify all listed species that are known to inhabit biological communities similar to those existing on the site or that have been directly observed on the site. 13 Agend Item No. SA Section 4, Township p 2 Environmental Impact Statement Revised September 2005 Although no listed species were observed on -site, several species ofspecial concern can potentially utilize the property for nesting and denning as well as for foraging. Species that can potentially use the property are listed below. The following are a few of the State listed species that are known to inhabit similar communities and have the highest probability of being found on or near the property. Common Name Scientific Name Habitat Status Indigo Snake Drymarchon corals couperi 411 T White Ibis Eudocimus albus 625 SSC Bald Eagle Haliaeetus leucocephalus 411 E Fox squirrel Sciurus niger avicennia 625,411 T iii. Indicate how the project design minimizes impacts to species of special status. Describe the measures that are proposed as mitigation for impacts to listed species. Due to the surrounding development and the lack of species ofspecial status known to inhabit the site, no impacts to listed species are expected. iv. Provide habitat management plans for each of the listed species known to occur on the property. For sites with bald eagle nests and/or nest protection zones, bald eagle management plans are required, copies of which shall be included as exhibits attached to the PUD documents, where applicable. N/A V. Where applicable, include correspondence received from the Florida Fish and Wildlife Conservation Commission (FFWCC) and the U.S. Fish and Wildlife Service (USFWS), with regards to the project. Explain how the concerns of these agencies have been met. N/A h. OTHER. L For multi -slip docking facilities with ten slips or more, and for all marina facilities, show how the project is consistent with the Marina Siting and other criteria in the Manatee Protection Plan. Not applicable. 14 Agee Uem o.8A r Section 4, Townil Environmental Impact Statement Revised September 2005 ii. Include the results of any environmental assessments and/or audits of the property. If applicable, provide a narrative of the cost and measures needed to clean up the site. Not applicable. iii. For sites located in the Big Cypress Area of Critical State Concern- Special Treatment (ACSC -ST) overlay district, show how the project is consistent with the development standards and regulations established for the ACSC -ST. Not applicable. iv. Soil sampling or ground water monitoring reports and programs shall be required for sites that occupy old farm fields, old golf courses or for which there is a reasonable basis for believing that there has been previous contamination on site. The amount of sampling and testing shall be determined by the Environmental Services staff along with the Pollution Control Department and the Florida Department of Environmental Protection. Not applicable. V. Provide documentation from the Florida Master Site File, Florida Department of State and any printed historic archaeological surveys that have been conducted on the project area. Locate any known historic or archaeological sites and their relationships to the proposed project design. Demonstrate how the project design preserves the historic /archaeological integrity of the site. The Florida Master Site File has been contacted. No known archaeological sites are located on the project site, as indicated in Exhibit 3. Agenda Item No. 8A December 13, 2005 Page 92 of 105 Agenda Item No. 8A December 13, 2005 Page 93 of 105 RE: Petition RZ- 2005 -AR -7276. Mario Curiale, is requesting rezone from Agricultural (A) zoning district to the RSF -4 Residential Single- Family zoning district to allow 15 single family lots with associated road, storm water pond and wetland preserve. The ,mbiect property. consisting of 7.29 acres, is located at 255 Price Street. in Section 4, Township 51 South, Range 26 East, Collier County, Florida. Submitted herewith is a petition opposed to the above referenced rezone request signed by ninety -eight percent of the current property owners who will be adversely impacted should the rezone of property be approved. Property owners respectfully, but strongly, request that the rezoning of above mentioned property be denied for the following reasons: 1. Property owners purchased property in the area because of the agricultural zoning. _.uidowners wanted or needed space for business, livestock or privacy and appreciate the low density and quiet neighborhood. Fifteen new homes would bring an unwanted, at minimum, 30 additional vehicles using street -more that_ doubiine the current traffic and a minimum of 90 additional people. This would triple the population in that area and be extremely high density for 71/2 acres where an average of one to two families currently reside on same size tract or street with an average of less than nine people per 7 t/z acres 2. Major concern is drainage. Although proposed plans call for retention pond and .germ around property, our experience is that the water run -off will not be contained or controlled. Point in case is Victoria Falls (Habitat for Humanity). More water is standing and running onto our properties since this development was completed. The proposed property, which will be raised to code elevations. Nwiil cause severe problems to neighboring properties during normal rainy season not to mention tropical depressions /storms. Properties on the street are part of th wetlands and some abut Rookery Bay at the end of the street. The proposed _ `!delopment will severely impact a street that is already struggling with woefully inadequate drainage. 2. Proposed development wants to bring in county water and sewer. We strongly tppose having county water and sewer. The expenses for mandatory hook -up and ongoing water /sewage usage costs would be prohibitive to most landowners and ,muse extreme hardship. Numerous nurseries on the street will be severely impacted financially and some fear they will have to sell their businesses. Due to environmental concerns, the proposed homes could not be on septic,'well systems. c.`v10 R� TO Agenda Item No. 8A December 13, 2005 Page 94 of 105 -l. The proposed homes will only be approximately 1600 square feet. Majority of existing homes and new or remodeled homes in neighborhood are much larger. There are only a few smaller homes which have been here for 30 or 40 vears. The trend in the neighborhood over the past several years has been that existing homes are being remodeled and made larger and new construction has brought in larger and more modern homes. 5. Another major concern is contrary to what petitioner states, several area real Mate professionals and appraisers have advised us that the rezoning and propose:' development would adversely impact our property values. People expect that when they purchase property in an area zoned agricultural and low density that The area will remain basically the same without pockets of high density. h. The applicant for rezone states housing will be for low income employees. We ire compietely against having a rental community in the. middle of our neighborhood.. Once again, our property values will be adversely affected. Ther , are already numerous low income neighborhoods within close proximity of applicants business.... Naples Manor, 'frail Acres, Whispering Cove, Victoria Falls. Tree Tops. etc. Proposed houses to be built will be on extremely small lots with little or no yard pace. Concerned that children living in this area will be wandering to neighboring properties, street and dead end to have /find more space to play or use the wetlands as a playground which are supposed to be preserved. We respectfully request applicants request for rezone be denied due to adverse impae: >n property values, drainage and neighborhood density. We all own property and /or live in this neighborhood because of the agricultural zoning. privacv and lest congestion/noise and, or in addition to, as small business owners. Our neighborhood s unique being one of the very few areas left in Collier County to still be zoned primarily for agricultural and we would like it to remain this way. This area, in the not too distant future, will eventually be the "Pine Ridge' of south Naples and the introduction of high density within a low density area will pose an enormous adverse impact on our neighborhood and futures. The only person to benefit if the rezone is approved would be the applicant and not the neighborhood as a whole. Agenda Item No. 8A December 13, 2005 Re: Petition: RZ- 2005 -AR -7276, Briana Breeze Subdivision page 95 of 105 •io Curiale, represented by Tim Hall, of Turrell & Associates, Inc., is requesting a rezone from the Agricultural (A) zoning �rict to the RSF -4 Residential Single Family zoning district to allow 15 single - family lots with associated road, stormwater pond and wetland preserve. The subject property, consisting of 7.29 acres is located at 255 Price Street, in Section 4, Township 51 South, Range 26 East, Collier County, Florida. THE FOLLOWING PROPERTY OWNERS ON PRICE STREET OPPOSE REQUEST TO REZONE Name: 1 S—rtsr vd�t !' T NVa iJ'y L Address: Telephone: Signature: Name: Address: Telephone: Signature: Name: Address: :'� 6 �' n r3�r_x Ld, t i T�c= E, R c aA RIJS Z 7 f�121 f L ST. APL F -1. f l l io(i13 Telephone: 1y f �!�3�7 X Signature: Zt✓F.e� i T�c= E, R c aA RIJS Z 7 f�121 f L ST. APL F -1. f l l io(i13 Telephone: -% 75— 403`( X Signature: Zt✓F.e� Name: ti -- "Address: // , _ i"� ll � Telephone: v! `� "'7 X J Signature: a8-5- s -7 X V - �)1el-I ea S ZOk. 11 2 244 61 X �r Al Chi le Agenda Item No. 8A December 13, 2005 Re: Petition: RZ- 2005 -AR -7276, Briana Breeze Subdivision Page 36 of 105 Mario Curiale, represented by Tim Hall, of Turreil & Associates, Inc., is requesting a rezone from the Agricultural (A) zoning district to the RSF4 Residential Single Family zoning district to allow 15 single- family lots with associated road, stormwater pond and wetland preserve. The subject property, consisting of 7.29 acres is located at 255 Price Street, in Section 4, Township 51 South, Range 26 East, Collier County, Florida. THE FOLLOWING PROPERTY OWNERS ON PRICE STREET OPPOSE REQUEST TO REZONE Name: Address: jS 6 r ► r* S i Telephone: Signature: Name: Address: Telephone: Signature: Name: Address: Telephone: Signature: Name: `Address: . /U is- t���-r f-/. 3q // 3 I z-. y Z-� c e 6 "T 7 -7, //C, A, T-- 13 Telephone: //,SS­' (s q U Signature: X P X \ .CL.. �r X I z-. y Z-� c e 6 "T 7 -7, //C, A, T-- 13 Telephone: //,SS­' (s q U Signature: X P X \ .CL.. Agenda Item No. 8A December 13, 2005 Re: Petition: RZ- 2005 -AR -7276, Briana Breeze Subdivision Page 97 of 105 Mario Curiale, represented by Tim Hall, of Turrell & Associates, Inc., is requesting a rezone from the Agricultural (A) zoning district to the RSF4 Residential Single Family zoning district to allow 15 single - family lots with associated road, stormwater pond and wetland preserve. The subject property, consisting of 7.29 acres is located at 255 Price Street, in Section 4, Township 51 South, Range 26 East, Collier County, Florida. THE FOLLOWING PROPERTY OWNERS ON PRICE STREET OPPOSE REQUEST TO REZONE Name: DR PZ i S Address: .17- 12 9 r , 0"F S�-F 1.. 3 i4r 1.3 Telephone: i Signature: X Name: -- Address: Telephone: c;2-,3,9 7302 —e2,3,5-3 Signature: X L/ Oey �y �� X Name: Address: Telephone: Signature: X X Name: `Address: Telephone: Signature: X X Agenda Item No. 8A December 13, 2005 Re: Petition: RZ- 2005 -AR -7276, Briana Breeze Subdivision Page 98 of 105 Mario Curiale, represented by Tim Hall, of Turrell & Associates, Inc., is requesting a rezone from the Agricultural (A) zoning district to the RSF -4 Residential Single Family zoning district to allow 15 single - family lots with associated road, stormwater pond and wetland preserve. The subject property, consisting of 7.29 acres is located at 255 Price Street, in Section 4, Township 51 South, Range 26 East, Collier County, Florida. THE FOLLOWING PROPERTY OWNERS ON PRICE STREET OPPOSE REQUEST TO REZONE Name: Address: �Z 7 C ° Telephone: J,3 R — 714 - Signature: X ICJ 'Y)r" Name: Address: ,J_Gi Telephone: Signature: X X Name: Address: �(z Telephone: 01 3 — at ZZ_,_._- Signature: X X sv��l��S�1pS�Co Name: (1� J u����, t C'lty 40_U Vit-� 3 'Address: Telephone: Signature: X tit c �-� z�� (± X Agenda Item No. 8A December 13, 2005 Re:_ Petition:_ RZ- 2005 -AR -7276, Briana Breeze Subdivision Page 99 of 105 Wario Curiale, represented by Tim Hall, of Turrell & Associates, Inc., is requesting a rezone from the Agricultural (A) zoning district to the RSF-4 Residential Single Family zoning district to allow 15 single - family lots with associated road, stormwater pond and wetland preserve. The subject property, consisting of 7.29 acres is located at 255 Price Street, in Section 4, Township 51 South, Range 26 East, Collier County, Florida. THE FOLLOWING PROPERTY OWNERS ON PRICE STREET OPPOSE REQUEST TO REZONE Name: 4 Address: 4u c. i AQ Telephone: '73 91) V 9 R - e) I3 � Signature: X X Name: Address: Telephone: Signature: X X Name: Address: Telephone: Signature: X X Name: 'Address: Telephone: Signature: X X Agenda Item No. 8A December 13, 2005 Page 100 of 105 October 18, 2005 Collier County Government Community Development and Environmental Services Division Department of Zoning and Land Development Review 2800 North Horseshoe Drive Naples, Florida 34104 Re: Petition RZ- 2005 -AR -7276 Public Hearing scheduled for November 3, 2005 Dear Collier County Commissioners: We have owned property on Price Street for 24 years. We love the peace and quiet, low density, and the lifestyle that owning agricultural land affords us. This is not a financial investment for us, this is our home. We love our neighborhood the way it is, and understood this is the way it would stay. We feel that the value of our home is in the unique lifestyle of living in the "country" that has become so rare in Naples. Virtually every property owner on Price Street has signed the petition that opposes Mr. Curials' request for rezone, so you can see we're far from alone in our concerns. Mr. Curial is requesting to rezone so he can build low- income housing for his employees. (Rentals) He is requesting 15 homes on 7 -1/2 acres. This would at least triple the population of our neighborhood. Currently, we have about 9 people per 7 %2 acres. He says this fits with our neighborhood. How? If a person wants to build that many houses he should have bought in an area that allowed for that. He came into it knowing that and that his 15 houses does not fit in with the surrounding area and the character of the neighborhood. We feel we are justifiably concerned with the extra amount of vehicles on Price Street and that it more than doubles traffic not only on Price Street but also on Barefoot Williams Road, which already handles more traffic in season. Also, many cars use Barefoot Williams as a cut through from Collier Boulevard to Tamiami Trail, S and vice versa, impatiently I might add. Drainage is already poor on Price Street. To build to current elevation codes on 15 new homes would no doubt severely strain drainage problems we have lived with for 24 years. Once their retention pond overflows it will run into the inadequate, poorly maintained and non - flowing ditch, which then flows onto our land and gravel driveways. This development would turn neighboring properties to lakefront just with normal summer rains. We know this from experience. Mr. Curial's homes will be built on very small lots, which leaves little or no play area for children. We fear that Price Street itself, proposed wetland reserve or even our properties will be used as a playground. RECEIVED OCT 3 1 2005 ZONING DEPARTMENT Agenda Item No. SA December 13, 2005 Page 101 of 105 Along with higher density comes noise. We feel that the peacefulness we have will be severely compromised We live in a very quiet neighborhood. We also live in a crime free neighborhood. We do not want the noises of vehicles, kids and who knows what else when you have 15 rental units. Mr. Curial's proposed development would bring county water and sewer to our neighborhood.. We do not want it because we cannot afford it! We have talked to realtors who have told us that this rezone would drive our property value down because the beauty of the area is that you can still get agricultural land, have horses, etc., and still be close to town. This area is an oasis and the future Pine Ridge if allowed to be and to most of us, our bank account. Please allow it to be! We feel that this proposed rezone would benefit only one person — Mr. Curial, who does not care at all about our neighborhood, or us. He will not be affected by the problems we will face if this is approved, noise, drainage, traffic, neighborhood density, hardship of paying for sewer and city water, property values and quite possibly, crime. And so we respectfully request Mr. Curial's request for rezone be DENIED due to very adverse impact on our neighborhood. Sincerely, David and Monique Smith 260 Price Street Naples, Florida 34113 (239) 775 -8572 Agenda item No. 3A December 13, 2005 Page 102 of 105 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 ESTABLISHED THE COMPREHENSIVE 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 SUBJECT PROPERTY LOCATED AT 255 PRICE STREET IN SECTION 4, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, FROM THE AGRICULTURAL (A) ZONING DISTRICT TO THE RSF- 4(2.1) RESIDENTIAL SINGLE - FAMILY ZONING DISTRICT TO ALLOW 15 SINGLE - FAMILY LOTS FOR A PROJECT KNOWN AS BRIANA BREEZE WITH ASSOCIATED ROADS, STORMWATER POND AND WETLAND PRESERVE; PROVIDING FOR STAFF AND PLANNING COMMISSION STIPULATIONS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Tim Hall of Turret] & Associates. Inc., representing Southern Development Company, Inc., the property owner, petitioned the Board of County Commissioners, in Petition No. RZ- 2005 -AR -7276, 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 subject real property, as more particularly described by Exhibit "A" attached hereto and incorporated by reference herein, and located in Section 4, Township 51 South, Range 26 East, Collier County, Florida, is changed from the Agricultural (A) Zoning District to the Residential Single - Family [RSF - 4(2.1)] Zoning District to allow 15 single - family lots with associated roads, stormwater pond and wetland preserve. The appropriate zoning atlas map or maps, as described in Ordinance 2004 -41, as amended, the Collier County Land Development Code is /are hereby amended accordingly. The herein described real property is the same for which the rezone is hereby approved subject to the conditions contained in Exhibit "B," attached hereto and incorporated by reference herein and references made to the Site Plan, attached as Exhibit "C ". SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. Page 1 of 2 Agenda Item No. 8A December 13, 2005 Page 103 of 105 PASSED AND DULY ADOPTED by super majority vote of the Board of County Commissioners of Collier County, Florida, this day of 2005. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA APPROVED AS TO FORM AND LEGAL SUFFICIENCY Marjorie M. Student- Stirling Assistant County Attorney RZ-2005 -AR -7276(KD/sp BY: FRED W. COYLE, CHAIRMAN Page 2 of 2 Agenda Item No. 8A December 13, 2005 Page 105 of 105 BRIANA BREEZE REZONE RZ- 2005 -AR -7276 CONDITIONS OF APPROVAL 1. The residential development is limited to a maximum of 15 single - family dwelling units. 2. Prior to any County development approvals, the Developer shall provide County Environmental Review Staff the Unified Mitigation Assessment Method (UMAM) scores that were accepted by South Florida Water Management District ( SFWMD). If results indicate a score greater than 0.7, the preserve area locations are subject to County re- evaluation and reassessment as to what areas will be preserved prior to issuance of any development approvals. 3. As to environmental parameters, the subject property shall be developed substantially in compliance with the site plan included as part of the Environmental Impact Statement (EIS). However, the site plan is designed to illustrate environmental issues only. The site plan does not exempt the project from any other regulations. The project shall be developed in full compliance with all applicable County, state and federal regulations in effect at the time a development request is submitted. 4. The developer shall obtain a surface water management permit from SFWMD prior to the County's approval of the site plan. 5. Prior to the issuance of the first Certificate of Occupancy, the developer shall construct a six foot high chain -link fence along the entire north property line. 6. Single- family residences within the project shall be no less than 1,600 square feet of habitable space. Revised 11/9/05 Conditions of Approval Exhibit B RZ- 2005 -AR -7276 Agenda Item No. 815 December 13, 2005 Page 1 of 13 EXECUTIVE SUMMARY Recommendation to approve an ordinance amending Chapters 2 and 42 of the Code of Law and Ordinances pertaining to the appointment, composition, functions, powers, and duties of the Affordable Housing Commission and sunsetting the Citizens Advisory Task Force. OBJECTIVE: To amend the appointment, composition, functions, powers, and duties of the Affordable Housing Commission (AHC) and sunset the Citizens Advisory Task Force (CATF). CONSIDERATIONS: Prior to Collier County reaching a population of over 200,000 residents in 2001, the County participated in the State of Florida's Small Cities Community Development Block Grant (CDBG) Program. The Small Cities CDBG Program required the creation and use of a CATF to review the County's use of Small Cities CDBG funds and projects. The Small Cities CDBG CATF was created through Ordinance Number 90 -60 for the express purpose of providing citizen input to the Small Cities CDBG Program. The last Small Cities CDBG project to be funded in Collier County was the Immokalee Incubator Job Creation grant of $750,000, which used Fiscal Year 2000 funds. This project took a few years to complete and the CATF continued to meet regarding the progress of the project. Collier County received final close -out of the project from the State of Florida in July 2005. In 2001 Collier County became eligible to participate in the Federal Entitlement CDBG Program, which means the County now receives a yearly grant allocation directly from HUD through the Federal government rather than making application to the State of Florida for funds. Although there is no requirement in Federal regulations for the use of a CATF, the Operational Support and Housing Department (OSH) staff did bring some Entitlement CDBG Program activities to the CATF for comment as the County made the transition from Small Cities CDBG to Entitlement CDBG. Beginning in early 2004, as the last Small Cities CDBG project began winding up, OSH staff began to develop a plan to establish a replacement for the Small Cities CDBG CATF since its established purpose had come to a conclusion and the final Small Cities CDBG Project was closed out. Staff's plan, as presented to the BCC, AHC, and CATF, is to amend the authorizing ordinance of the AHC to include citizen participation in the Federal Entitlement Grant Programs and phase out the existing CATF as its mission is now complete. The attached ordinance amendments carry out those two goals. Other changes to the AHC accomplished through this amendment include: • Changing the appointment of regular members from 5 by the County and 4 by the City of Naples to 7 by the County and 2 by the City of Naples. • Requiring 2 of the County appointees to represent the rural area (including 1 from Immokalee). Agenda Item No. 813 December 13, 2005 Page 2 of 13 • Updating the Functions Powers, and Duties of the Commission to better fit current County policies and direction. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: Changes to the appointment, composition, functions, powers, and duties of the AHC will aid Collier County in meeting the Goals, Policies, and Objectives of the Housing Element of the County's Growth Management Plan. LEGAL CONSIDERATIONS: This request is internally consistent, complies with all applicable constitutional and general law, and is legally sufficient for the Board of County Commissioners consideration and approval. RECOMMENDATION: That the Board of County Commissioners adopt the two proposed ordinance amendments to amend the appointment, composition, functions, powers, and duties of the AHC and sunset the CATF. PREPARED BY: Cormac Giblin, Housing and Grants Manager Operational Support and Housing Department Agenda Item No. 813 December 13.2005 Pare 3 of 13 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. 8B Item Summary: This item was continued from the November 29, 2005 BCC Meeting. Recommendation to approve an ordinance amending Chapters 2 and 42 of the Code of Law and Ordinances pertaining to the appointment, composition, functions, powers, and duties of the Affordable Housing Commission and sunsetting the Citizens Advisory Task Force. Meeting Date: 12111"2005 9 :00:00 AM Approved By Constance A. Johnson Operations Analyst Date Community Development E Community Development & Environmental Services Environmental Services Admin. 1111412065 10:24 AM Approved By Sandra Lea Executive Secretary Date Community Development & Community Development Environmental Soremos Emnronmemai Services Admin, 11IM200510:32 AM Approved By Demon Baker Financial Admin E Housing Director Dote C.mmunity Dovelopment & Environmental Services Financial Admin. & Housing 11118120051:44 PM Approved By Community Development & Joseph K. Schmitt Environmental Services Adminstrator Date Community Development& Community Development& EnvironmentalServicas Environmental Services Admin, 1111712005 10.09 AM Approved By OMB Co-dint., Administrative Assistant Dot. County Manager's Ofn" Office of Management & Budget 11117!2005 10:34 AM Approved By Mark lsacksen Budget Analyst Dote County Manag.rs Dtfic. Office of Managernern & Budget 1111712005 11:05 AM Approved By Michael Smykowski Manag.ment & Bodget Director Date County Manager's Office Office .1 M ... 9 —Tit & Budget 11117!2005 11:24 AM Approved By Leo E. Ochs. Jr. € eputy County M ... q.r Date Board of County County Managers Office 1111712005 12:10 PM Cotnmissioners Agenda item No. 8B December 13, 2005 Page 4 of 13 Ordinance No. 2005- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING CHAPTER 2, ARTICLE VIII, DIVISION 9 OF THE CODE OF LAW AND ORDINANCES DERIVED FROM ORD. NO. 91 -65, AS AMENDED, PERTAINING TO THE AFFORDABLE HOUSING COMMISSION; APPOINTMENT AND COMPOSITION; TERM OF OFFICE; FUNCTIONS POWERS AND DUTIES OF THE COMMISSION; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners on April 4, 1989 adopted Resolution No. 89 -87 creating an Affordable Housing Task Force as an ad -hoc committee for a period not to exceed one (1) year; and WHEREAS, the final report of the Affordable Housing Task Force recommends the creation of an Affordable Housing Commission as a permanent advisory board; and WHEREAS, Collier County Ordinance No. 86 -41 sets forth the requirements for creating County advisory boards: and WHEREAS, both the County Commission and the Naples City Council recognize that affordable housing is a county -wide issue and that City - County coordination is advantageous to the citizens of Collier County as a "hole; and WHEREAS, it is the desire of the Board of County Commissioners to amend certain sections of the Affordable Housing Commission including the Appointment and Composition and Functions, Powers and Duties of the Commission. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. Amendment of Sections of Chapter 2. The following Articles and Sections of Chapter 2 of the Code of Laws and Ordinances are amended as follows: DIVISION 9. AFFORDABLE HOUSING COMMISSION* Page 1 of 5 Agenda Item No. 813 December 13, 2005 Page 5 of 13 *Cross references: Buildings and building regulations, ch. 22; social services, ch. 114; housing initiatives partnership (SHIP) program, § 114 -56 et seq. Land development code reference -- Housing and urban improvement department, div. 5.12. Sec. 2 -966. Created. The affordable housing commission (hereinafter referred to as the "commission ") is hereby created. (Ord. No. 91 -65, § 1) Sec. 2 -967. Appointment and composition. (a) The commission shall be composed of nine voting members and one alternate member, of which the board of county commissioners shall appoint sii* eight members, including the alternate member, two of which must live in the Rural Area (East of Collier Boulevard), and one of those must be a resident of Immokalee. eed The Naples City Council shall appoint few two members. The alternate member shall serve in a voting capacity only when a regular member is absent from a meeting. The commission shall be comprised of members from the county-at- large, the City of Naples -at- large, the development community, affordable housing providers, financial institutions, the legal profession and realtors. (b) Members of the commission appointed by the board of county commissioners shall serve at the pleasure of the board of county commissioners and members appointed by the Naples City Council shall serve at the pleasure of the Naples City Council. Said members shall be permanent residents and electors of the county. (c) Appointment of members to the commission shall be by resolution of the board of county commissioners and the Naples City Council, respectively, which resolutions shall set forth the date of appointment and the term of office. (Ord. No. 91 -65, § 2; Ord. No. 04 -77, § 1) Sec. 2 -968. Terms of office. (a) The initial terms of office of the affordable housing commission members shall be as follows: (1) The board of county commissioners shall appoint: a. Two members to serve for one year. b. One member to serve for two years. c. Twa Four members to serve for three years. (2) The Naples City Council shall appoint: cg. One Two members to serve for three years. Page 2 of 5 Agenda Item No, 8B Dumber 1, 3, 2005 Paae 6 of 13 (b) Thereafter, each appointment or reappointment shall be for a term of three years. A member of the commission may be reappointed by the board of county commissioners or the Naples City Council, as applicable, for one successive term. Provided, however, other qualified applicants may be considered for any vacancy. Appointments to fill any vacancies on the commission shall be for the remainder of the unexpired term of office. (Ord. No. 91 -65, § 3) Sec. 2 -972. Functions, powers and duties. The functions, powers and duties of the affordable housing commission shall be as follows: The commission shall monitor the implement°+ ^^ and advise the Board of Countv Commissioners and the Citv Council regarding the coals. obiectives. and policies of the Housina Element, County Growth Management Plan and the City Comprehensive Plan. and anv other program. means. or directives which would assist or encourage the provision of Affordable Housing in Collier County and its municipalities. ^f the alT «,1able housing task f «,.o the g'qals' abjee4ives' ..,1 peleeies afrh@ heusiRg elements of the 6 ^fi,'« ^ „kh ..r plan and rho ..:r. oh^ ph /')\ Tho .. ..1,.,11: ,,..t :,,.,r., the ie.,s;ha;r., ..ft., : ---- ---- ------- £ « for s4e do ;, el,,.... ens ..f aff,. «,1„1.1,_, heusi.,.. a f « 1.�., ; (3 sh ,ll develop means h :„ r0 ace.«aao a_a valuntafy ff,E�gfaffi in . hieli alto rsr «.1 eth^ hE)IdiRg de ;rte 0-h_ ,.f e..r «. ,1ePOS:r..., , «45 G,« «L,..r.,l« , „ 1.1 dOPOn;t thew : Sola..;ed h.,..l, ..1.., J ,.h h.,..l- .l.l spntrih-tp the hausing trust fund a ; a1.. ,la4e the ,,,1 alle h„I., F,,. the th .. fr (4 2) The commission shall investigate a plan for any linkage and inclusionary zoning recommendations consistent with the Housing Element of the Growth Management Plan of Collier County. The commission shall review and determine the effect of proposed ordinances on affordable housing and make recommendations to the board of county commissioners and the Naples City Council. The Commission shall review and comment on the Cuontv's Federal Entitlement Grant Programs. policies, and proposals. The Commission shall receive a presentation from all applicants seeking rezoning approval by the Board of Countv Commissioners. (6) The commission shall investigate any other relevant areas so directed by the board of county commissioners. (Ord. No. 91 -65, § 7) Sec. 2 -973. Duties of department heads. The duties of the Operational Support and Housing director and the Naples Community Development Director, or their designees, shall be: Page 3 of 5 Agenda Item No. 8B December 13, 2045 Page 7 of 13 (1) To administer the activities of the affordable housing commission in accordance with established policies of the board of county commissioners and the Naples City Council and guidelines adopted by the board and the council. (2) To provide periodic written reports to the commission, the county administrator, the city manager, the Naples City Council and the board of county commissioners on the growth management plan of each jurisdiction. (3) To attend all commission meetings. (Ord. No. 91 -65, § 8) Sec. 2 -974. Review process. This affordable housing commission shall be reviewed once every four years commencing in 1995, in accordance with the procedures contained in division 2 of this article. (Ord. No. 91 -65, § 9) Secs. 2- 975 - -2 -985. Reserved. SECTION II: Conflict and Severability. In the event this Ordinance conflicts with any other ordinance of Collier County, the more restrictive shall apply. If any phrase or portion of this Ordinance, or the particular application thereof, shall be held invalid or unconstitutional by any court, administrative agency or other body with appropriate jurisdiction, the remaining section, subsection, sentences, clauses or phrases and their application shall not be affected thereby. SECTION III: Inclusion in the code of laws and ordinances. The provisions of this ordinance shall become and made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section', "article ", or other appropriate word. SECTION IV: Effective Date. This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the by the Board of County Commissioners of Collier County, Florida this day of , 2005. Page 4 of 5 Agenda Item No. 8B December 13, 2005 Page 8 of 13 ATTEST BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK COLLIER COUNTY FLORIDA CLERK OF COURTS DEPUTY CLERK FRED W. COYLE, CHAIRMAN Approved as to legal form and sufficiency: Patrick G. White Assistant County Attorney Page 5 of 5 Agenda Item No. 813 December 13, 2005 Page 9 of 13 Ordinance No. 2005- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING CHAPTER 42, ARTICLE II, DIVISION 2 OF THE CODE OF LAW AND ORDINANCES DERIVED FROM ORD. NO. 90-60, AS AMENDED, PERTAINING TO THE CITIZENS ADVISORY TASK FORCE; ELIMINATING THE TASK FORCE; PROVIDING FOR CONFLICT AND SEVERABILITV; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners has adopted Resolution No. 85 -236 creating a Citizens Advisory Task Force; and WHEREAS, Collier County Ordinance No90 -60 sets forth the requirements, functions, power, and duties of the Citizens Advisory Task Force; and WHEREAS, the established mission for the Citizens Advisory Task Force is to review and make recommendations to the board of county commissioners relative to all phases of the small cities community development block grant program; and WHEREAS, Collier County has become a Federal Entitlement County and is no longer eligible to participate in and no longer receives funding through the Small Cities Community Block Grant Program ; and WHEREAS, the public participation duties for the Federal Entitlement CDBG Program rests with the Affordable Housing; and WHEREAS, it is the desire of the Board of County Commissioners to amend certain sections of the Code of Laws and Ordinance to eliminate the Citizens Advisory Task Force. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. Amendment of Sections of Chapter 42. The following Articles and Sections of Chapter 42 of the Code of Laws and Ordinances are amended as follows: ARTICLE H. SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Page 1 of 5 Agenda Stern No. 8B December 13, 2005 Page 10 of 13 DIVISION 1. GENERALLY Secs. 42- 26-- 42 -35. Resen ed. DIVISION 2. CITIZENS ADVISORY TASK FORCE* *Cross references: Boards, commissions and authorities, § 2 -816 et seq. State law references: Citizens task force required, F.S. § 290.046(6). Secs 42- 36- 42 -55. Reserved See. Q X7. Appointment and eomposition.. (a) The, f .. eat@,1 1.. 411:,- di Vi S:,..1 ..11811 he „ Sed .five .Y.hers The eompasitiafl 4the to l f ee ,-hall Ho Ar fella s: ! 1 � n.. .,.,, 4: 4the so-eial ial S . by E37 — :F'w rt t+res 4the sit- laFge; (4) Oiie business laadeF. Page 2 of 5 Agenda Item No, 8B December 13, 2005 Page 11 of 13 See. 421 42. Funetiens, powers and dut*es-. :Pie funetions, paivers and duties ofthe task &fee erea e by this division shal ;-4v 4;A44v"';- (1) The tash fialree shall fzeview affd Mali@ Feeeffiffiend-atien-s te the beanfd afeatifity relative to all Phasp-s ofthe sa;-All e4i@"; 60--M --- F-A-1-H-R-45' JON'01OPMORt bleek gra-H! pf:qgFaffl. (2) 4:he taSli f�BFSe ffit' adOpt and affiffld gUidOlifleS tO gEA'Offfi th0if Opff-MiOff subjO6t 48 appr-EA'al b5' 'W' h8ff-d- eE)MFAiSSiE)fl&F&. of ndmiRktrntor- zmk., dilt4— C;A4:RFA.lR45' develapffieRt Ar his designee shag4w- ------ ----- Page 3 of 5 Agenda item No. 8B December 13, 2005 Page 12 of 13 , the board ., f eal .Rt., .. rho R..t:.,:t:eo k4 tho R A11 n:ti W; ..:t.. .de ,el....., eat L.leek grant pragraffl .d ., 4q F.RRRyes or daiRse ..4 h,.t.... the ..t.,t@ ,d,,Fa14.�.o..t .,F ,. ..:t., ..FF :«, and- th@ e ��r e Cal Te at4en d all Hlee Hgs of the task f See. 42 44. Review PF0e056-. 'Th:r t.,rl. 4:,..,.,...1..,11 14@ ,o.d ense , F eammen6ifig in 1994 with the pr-eeedbires s8fitained in ehapteF 2� m4iele 3.1111, division 2 ef this PRAR -gee. A7 AC Al CG D .............1 SECTION II: Conflict and Severability. In the event this Ordinance conflicts with any other ordinance of Collier County, the more restrictive shall apply. If any phrase or portion of this Ordinance, or the particular application thereof, shall be held invalid or unconstitutional by any court, administrative agency or other body with appropriate jurisdiction, the remaining section, subsection, sentences, clauses or phrases and their application shall not be affected thereby. SECTION III: Inclusion in the code of laws and ordinances. The provisions of this ordinance shall become and made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section', "article', or other appropriate word. SECTION IV: Effective Date. State. This Ordinance shall become effective upon filing with the Florida Department of Page 4 of 5 Agenda Item No. 813 December 13, 2005 Page 13 of 13 PASSED AND DULY ADOPTED by the by the Board of County Commissioners of Collier County, Florida this day of , 2005. ATTEST DWIGHT E. BROCK CLERK OF COURTS DEPUTY CLERK Approved as to legal form and sufficiency: Patrick G. White Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY FLORIDA By: FRED W. COYLE, CHAIRMAN Page 5 of 5 Agenda Item No. 8C December 13, 2005 Page 1 of 10 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners of Collier County amend the State Housing Initiatives Partnership (S.H.I.P.) down payment and closing cost assistance program for first time homebuyers. OBJECTIVE: To increase S.H.I.P. down payment and closing cost assistance loan amount available to low and very -low income first -time homebuyers from $15,000 up to a maximum of $50,000 per home. CONSIDERATIONS: On November 8, 1994, the Collier County Board of County Commissioners approved Ordinance No. 94 -59, the S.H.I.P. Down Payment/Closing Cost Assistance Program for First -time Homebuyers. This program provides zero interest loans repayable to the County when the owner sells, refinances, or moves out of the home. This amendment to the prograrn will raise the down payment and closing cost assistance loan amount available to low and very -low income first -time homebuyers from $15,000 per home up to $50,000. The rapidly escalating housing market in Collier County has out -paced the current program's ability to function in this market. The median sales price of a home in Collier County has increased several hundred thousand dollars over the past few years alone. By increasing the amount of subsidy per home, Collier County will be able to continue assisting low income buyers to afford homes in this area. In addition to amending the county ordinance, an amendment to the three -year Local Housing Assistance (LHAP) plan is also required to implement this change. FISCAL IMPACT: Sufficient S.H.I.P. funds are available in the Affordable Housing Trust Fund (19 1) to accommodate this increase. GROWTH MANAGEMENT IMPACT: The amended Down Payment /Closing Cost Assistance Program for First -time Homebuyers will allow Collier County to enhance the development of affordable housing for very -low and low income residents as required in the Housing Element of the County's Growth Management Plan. LEGAL CONSIDERATIONS: This request is internally consistent, complies with all applicable constitutional and general law, and is legally sufficient for the Board of County Commissioners consideration and approval. RECOMMENDATION: That the Board of County Commissioners adopt the proposed ordinance for the amended Collier County S.H.I.P. Down Payment/Closing Cost Assistance Program for First -time Homebuyers and authorize the County Manager, or his designee, to submit an amended LHAP to the Florida Housing Finance Corporation for approval. PREPARED BY: Cormac Giblin, Housing and Grants Manager Agenda Item No. BC December 13, 2005 Page 2 of 10 Approved By COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. 8C Date Item Summary: This Hem was continued from the November 29, 2005 BCC meeting. Recommendation that Environmental Services the Board of County Commissioners of Caliier County amend the State Housing Initiatives Approved By Partnership (S.H.i.P.) down payment and closing cost assistance program for first time OMB Coordinator homebuyers, Data Meeting Date: 12113: ?005 9:00:00 AM 11115:20051:05 PM Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development S 1111612005 12:48 PM Environmental Services Environmental Services Admin, 111941200510:26 AM Approved By Management & Budgat Director DMe Sand. Lee Eaecutive secretary Date Community Development & Community Development 8 Environmental Services Environmental Services Admin. 1111412005 10:13 AM Approved By Demon Baker Financial Admin & Housing Director Date Community Development & Financial Admin. & Housing 111151200512:06 PM Environmental Services Approved By Community Development & Joaeph IL Schmitt Environmental Services Adminstrattr Date Community Development & Community Development & Environmental Services Environmental Services Admin. 1 111512005 2:23 PM Approved By OMB Coordinator Administrative Assistant Data County Manager's Office Office of Management & Budget 11115:20051:05 PM Approved By Mare Issckson Budgot Analyst Date County Managers 01ec0 Office of Managennerr & Budgai. 1111612005 12:48 PM .� Approved By Michael Smykowski Management & Budgat Director DMe County Managers Office Office of Management & Budget 1111612005 2:06 PM Approved By Loo E. Ochs, Jr. Deputy County Manager Date Board of County Commissioners County Manager's Office 11116120055:29 PM Agenda Item No. HC December 13, 2005 Page 3 of 10 Ordinance No. 2005- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING CHAPTER 114, ARTICLE III OF THE CODE OF LAW AND ORDINANCES DERIVED FROM ORD. NO. 93 -19, AS AMENDED, PERTAINING TO THE STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM; UPDATING THESE PROVISIONS TO REFLECT CURRENT PRACTICES, ORGANIZATIONAL CHANGES, AND REQUIRING HOME INSPECTIONS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida State Legislature enacted the William B. Sadowski Affordable Housing Act on July 7, 1992 (the "Act "), Section 420.907, et seq., Florida Statutes, Chapter 91 -37, Florida Administrative Code, as a comprehensive funding package for state and local housing programs to better enable local governments to meet their responsibilities for affordable housing in accordance with their comprehensive plans; and WHEREAS, pursuant to the Act, the State has allocated a portion of new and existing documentary stamp taxes on deeds (the "SHIP" funds) to local governments for development and maintenance of affordable housing; and WHEREAS, Collier County has adopted Ordinance No. 93 -19, as amended, providing for a Local Housing Assistance Plan which is codified in Chapter 114 of the County's Code of Laws and Ordinances Code of Laws; and WHEREAS, the County, in Ordinance No. 94 -59, as amended, adopted a Down Payment /Closing Cost Assistance Program consistent with the Local Housing Assistance Plan which is codified in Chapter 114 of the Code of Laws; and WHEREAS, the County desires to amend the Down Payment/Closing Cost Assistance Program to better function in the current market conditions of the County. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION I: AMENDMENT OF PORTIONS OF CHAPTER 144. Page 1 of S Underlined text added; GtFike thFough text is deleted Agenda Item No. 8C December 13, 2005 Page 4 of 10 The following Articles and Sections of Chapter 114 of the Code of Laws and Ordinances are amended as follows: Sec. 114 -91. Introduction. In April of 1993, the Local Housing Assistance Program, (Collier County Ordinance No. 93 -19, as amended by Ordinance No. 93 -33) was adopted by the Collier County Board of Commissioners. This plan was designed for the purpose of establishing local administration of the State Housing Initiatives Partnership Program. (S.H.I.P.) The primary goal of this legislation is to increase 44Fease -the availability of affordable housing to very low and low- income persons and families in the county. Very low and low income persons are defined in +& Collier County Ordinance No. 93 -19, and further amended by Collier County Ordinance No. 93- 31 as follows: (1) Low - income person means one or more natural persons or a family, not including; students, that has a total adjusted gross household income that does not exceed 80 percent of the median annual adjusted gross income for households within the state or 80 percent of the median adjusted gross income for households within the metropolitan statistical area or, if not within a metropolitan statistical area, within the county, whichever is greater. (2) Very-low income person means one or more natural persons or a family, not including students, that has a total adjusted gross household income that does not exceed 50 percent of the median adjusted gross annual income for households within the state or 50 percent of the median annual adjusted gross income for households within the metropolitan statistical area or, if not within a metropolitan statistical area, within the county, whichever is greater. Income data for the Naples Metropolitan Statistical Area is supplied by the United States Department of Housing and Urban Development HUD XP), applicable to all of Collier County, and updated annually. The definition for "annual income" is found in 24 CFR, Section 813.106. Section 4 II of the Local Housing Assistance Program states that several different strategies will be employed for the administration and disbursement of S.H.I.P. funds. Strategy 43 A, found on page 44 6 stipulates that a portion of the funds be distributed through a down payment/closing cost assistance program for very low and low income first time homebuyers. This strategy is more particularly described in Section V4 II G, paragraph a A. The Collier County S.H.I.P. Down Payment/Closing Cost Assistance Program has been designed using this strategy as a framework, and conforms to all rules and guidelines governing the distribution of these funds. Assistance provided in conjunction with this program will be awarded to qualified applicants in the form of a zero percent interest, deferred payment loans of up to $50,000 $4890:00 for the purpose of down payment/closing cost expenses and rehabilitation or emergency repairs to the subject dwelling unit. The funds will be distributed as follows: Purchasers of new homes which have had a certificate of occupancy for less than 12 months at time of application will not qualify for the rehabilitation /emergency repair under this program, but will be eligible for down payment/closing cost assistance of $50,000 $45;000. Purchasers of existing homes with a certificate of occupancy over 12 months at Page 2of8 Underlined text added; Woke thizqwgh text is deleted Agenda Itern No. ESC Dece;nber 13, 2005 Page 5 of 10 time of application will qualify for the rehabilitation /emergency repair of $2,500 under this program along with the down payment/closing cost assistance of $47,500 $42,589. The note, with a total of up to $50,000 $45,A80 -80 will be secured by a second mortgage payable to the Affordable Housing Trust Fund, €URd 484; payable upon the sale of the dwelling unit, refinance, or loss of homestead tax exempt status. Sec. 114 -92. Marketing; outreach. (a) At least 30 days prior to the beginning of the application period, the county will advertise this program in both newspapers of general circulation and periodicals serving ethnic and diverse neighborhoods. It is anticipated that the vast majority of referrals for this program will be generated by non- profit organizations such as the Collier County Banking Partnership, or through local banks and mortgage brokers. (b) In order to comply with the Community Reinvestment Act, local area lending institutions are actively seeking ways in which to address the credit needs of the entire community. Ownership programs such as this serve as an appropriate vehicle for lenders to demonstrate their commitment to this legislation. As some participating institutions may exercise more flexible lending requirements than others, it is also possible for the partnership to act as an internal referral source, affording the potential borrower multiple opportunities at obtaining a first mortgage loan. Sec. 114 -93. Eligibility criteria; down paymenVclosing cost assistance. (a) Applicants will be recommended for this program through participating members of the Collier County Banking Partnership, banks, mortgage brokers, and other non - profit organizations committed to meeting the credit and housing needs of the entire community. Additionally, S.H.I.P. guidelines stipulate that the program and availability of funds be advertised in both newspapers of general circulation and periodicals serving ethnic and diverse backgrounds. Sec. 114 -95. Required documentation for down paymenticlosing cost assistance. (a) The following documentation will be required of all beneficiaries of this program. Documentation required for rehabilitation emergency repair assistance will be detailed in the following section. Packets will be available through the county department of Operational Support and Housing and at local lending institutions. (1) Sales contract. A copy of the fully executed sales contract and loan application (Fannie Mae) will be required from the applicant(s). The sales contract will verify the listed seller, sales price, and proposed closing date. The application will establish borrower information that will be further verified by other supporting loan documentation. A copy of the sales contract and application will be maintained in the borrowers permanent file. (2) Reservation form. Requests for reservation of funds will be made by the first mortgage lender through the use of this document. Information contained in the form relates to the borrower(s), financial institution and subject dwelling unit. It will be the responsibility of the first mortgage lender to provide a completed copy of this form to the county department of F-iRaRSiaf Operational Support and Housing in Page 3 of 8 Underlined text added; strike thFaugh text is deleted Agenda Item No. 8C December 13, 2005 Page 6 of 10 order to initiate the qualification process. A copy of the reservation form will be maintained in the borrower's permanent file. (3) Certification of financial institution. The officer of the financial institution underwriting the first mortgage loan will be required to execute this combined form before a notary public. The following information will be verified through the use of this form: a13. That all information regarding the applicant is true and correct. bs. The loan will conform to lending parameters as stated in the Certification of Participant form. c4. That all loan funds will be applied to the required down payment/closing cost or rehabilitation repair, and that the borrower not receive any loan funds in cash. A copy of the combined certification of participant /certification of financial institution will be maintained in the borrower's permanent file. (4) Mortgagor's certification and past residence. Applicant(s) must not have owned any home for a minimum of three consecutive years in order to qualify as first time homebuyers. This document can be used as verification of residence for the past three years, as well as providing information regarding current amount of rent, and current landlord. A copy of the mortgagor's certification and past residence will be maintained in the borrower's permanent file. (5) S.H.I.P. income certification. This form is required documentation for any program utilizing the S.H.I.P. monies as a funding source. Information contained herein relates to anticipated household income, assets, and household data. A copy of the S.H.I.P. income certification form will be maintained in the borrower's permanent file. (6) S.H.1.P. Homebuyer Education certificate. Each applicant must attend a S.H.I.P. four hour homebuyer education class prior to closing. A copy of the S.H.I.P. homebuyer education certificate will be maintained in the borrower's permanent file. (7) Promissory note. The promissory note will detail the loan agreement established between the borrower and the Affordable Housing Trust Fund, relating to the funds for down payment/closing cost assistance and rehabilitation /emergency repair. The note will include details of the loan including, but not limited to: a. Borrower's promise to pay; b. Interest and payments; C. Borrower's right to repay; d. Charges; e. Subordination; f. Borrower's failure to pay as requested; Page 4 of 8 Underlined text added; stFike thFeugh text is deleted Agenda Itern No. 8G December 13, 2005 Page 7 of 10 Obligation of persons under this note; Waivers; Uniform secured note. The original promissory note is to be maintained in the borrower's permanent ea file in the county's department of ' H9WGiRg Operational Support and Housing, and a copy will be maintained on file in the county's finance department. (8) Second mortgage. The second mortgage will be used as the security instrument for the promissory note, and will be recorded by the Collier County Clerk of the Circuit Court. The original recorded second mortgage will be held maintained in the borrower's permanent file, in the county's department of Operational Support and Housing. Payment of fees associated with the recording of this document will be the responsibility of the borrower. (9) Third party verification. Third party verification of income will be necessary whenever the applicant states that any part of the household income is derived from public assistance, a government agency, or for formal verification of employment. The following sources of income will require formal third party verification by the financial institution underwriting the first mortgage loan: Including but not limited to, military payment, social security benefits, public assistance, pension and annuities, unemployment benefits, Veterans Administration benefits, educational assistance, income from business, recurring cash contributions, child support, and assets on deposit. (b}This income verification information may be ma}lge represented on either Collier County S.H.I.P. forms or other documentation supplied by the lender used for underwriting purposes. While formal, written third party verification is always preferable, a memorandum to the file documenting the conversation with the third party will be acceptable. In such a case it is extremely important to specify the date, contact person, phone number, and address of the third party the conversation is conducted with. (10) Home Inspection. Purchasers of existing homes with a certificate of occupancy over 12 months old at the time of application will be required to have a home inspections completed by a licensed home inspection company. A copy of the home inspection will be maintained in the borrower's permanent file. Sec. 114 -96. Rehabilitation /emergency repair; eligibility criteria. (a) In order to be considered, applicants must meet the eligibility criteria for the down payment/closing cost assistance portion of this program. (b) Only construction, rehabilitation or emergency repair of affordable housing which is a permanent improvement to the home, including but not limited to: repairs or improvements which are needed for safe sanitary habitation, correction of substantial code violations, the creation of additional living space, and installation, repair, or replacement of any major goods, particularly appliances will qualify under this program. Page 5 of 8 Underlined text added; stfike t49Hgh text is deleted Agenda Item No. 8C December 13, 2005 Page 8 of 10 (c) Purchasers of homes which have had a certificate of occupancy for less than 12 months at time of application will not qualify for rehabilitation /emergency repair under this program, but will be eligible for down payment/closing cost assistance loans of up to $50,000.00 $46, W0 - A8. (d) Rehabilitation /emergency repair loans will be limited to $2,500.00 per home. Sec. 114 -97. Monitoring of rehabilitation /emergency repair work including goods purchases. (a) Information regarding the nature of the rehabilitation /emergency repair work to be performed or goods to be purchased will be compiled by the homebuyer. Abatement or correction of health and safety housing code violations are to be given priority over any rehabilitation work, addition of living space, or goods purchase. (b) For goods identified to be purchased, the borrower must submit a price quote to the county's Operational Support and Housing department for approval prior to purchase. This estimate is to be approved by the borrower and a representative from the €AH Operational Support and Housing Department prior to purchase or delivery. Thereafter, the Operational Support and Housing department may inspect the borrower's home for the approved goods to provide reasonable assurance that the approved goods were delivered and are in good working order. No funds will be disbursed prior to verification by the department of HG61Gieg Operational Support and Housing and inclusion of an itemized delivery slip or invoice from the approved goods supplier. (c) Rehabilitation /emergency repair work. (1) For rehabilitation /emergency repair work not requiring a building permit, the borrower has the option to either perform the rehabilitation work as an owner/builder, or to contract with a tradesman holding a certificate of a competency in Collier County in the specific trade corresponding to the type(s) of rehabilitation work be to performed. (2) For work requiring a building permit the borrower will be responsible for the selection of a Collier County or state licensed contractor who must perform the rehabilitation /emergency repair work. The contractor or tradesman who is selected must supply a detailed written estimate to the borrower. (3) Borrowers performing their own rehabilitation repair work must also submit a detailed cost estimate of materials to be purchased which must be approved by the county's department of Finaasiaf Operational Support and Housing prior to commencement of rehabilitation work. (4) A copy of the approved estimate will be maintained in the borrower's permanent file. Monitoring of the work to be performed by a tradesman or contractor will be the responsibility of the borrower. Contractual agreements made will be between the borrower and tradesman contractor. The county's department of Operational Support and Housing will be provided with a copy of the signed contract and approved estimate for rehabilitation /emergency repair work, which will be maintained in the borrower's permanent file. Page 6 of 8 Underlined text added; she thF961gh text is deleted Agenda Item No. 8C December 13, 2005 Page 9 of 10 (5) Upon completion, any work requiring a building permit to be performed will be inspected by the county permitting and review department. All work performed not requiring a building permit and not requiring an inspection by the county permitting and review department may be inspected by the HOWGiRg Operational Support and Housing department to provide reasonable assurance that such work has been satisfactorily completed. (6) No funds will be disbursed prior to verification of satisfactory completion of rehabilitation /emergency repair work by the county's building and review department or HOUGiag Operational Support and Housing department and inclusion of final invoice from a material or goods supplier and /or contractor or tradesman submitted to the county's Fiflaasiai Operational Support and Housing department. Sec. 114 -98. Required documentation for rehabilitation /emergency repair including goods purchases. (a) The following documentation will be required of all participants eligible, for rehabilitation /emergency repair loans: (1) Contractor /tradesman's, or materials, or goods purchase estimate. All work that is to be performed must be listed on this form. A copy of the approved estimate will be maintained in the borrower's permanent file. This form must be delivered to a representative of the county's department of Operational Support and Housing prior to the commencement of any rehabilitation /emergency repair work. Rehabilitation /emergency repair loans under this program will be made up to a maximum of $2,500.00. (2) Physical inspection. A copy of all required physical inspections conducted by the county permitting and review department, or bV the Operational Support and Housing department will be maintained in the borrower's permanent file. (3) Second mortgage. As described in the section detailing documentation required for down payment/closing cost assistance, the second mortgage will be used to secure the promissory notes. The second mortgage will be recorded by the Collier County Clerk of the Circuit Court. The original recorded second mortgage or evidence the second mortgage was recorded will be maintained in the borrower's permanent file_' Fees associated with the recording of this document are to be paid by the borrower. €inaasial SECTION II: Conflict and Severability. In the event this Ordinance conflicts with any other ordinance of Collier County, the more restrictive shall apply. If any phrase or portion of this Ordinance, or the particular application thereof, shall be held invalid or unconstitutional by any court, administrative agency or other body with Page 7 of 8 Underlined text added; 64014ethFOUgh text is deleted Agenda Item No. 8C December 13, 2005 Page 10 of 10 appropriate jurisdiction, the remaining section, subsection, sentences, clauses or phrases and their application shall not be affected thereby. SECTION III: Inclusion in the code of laws and ordinances. The provisions of this ordinance shall become and made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section ", "article ", or other appropriate word. SECTION IV: Effective Date. This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the by the Board of County Commissioners of Collier County, Florida this day of , 2005. ATTEST DWIGHT E. BROCK CLERK OF COURTS DEPUTY CLERK Approved as to legal form and sufficiency: Patrick G. White Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY FLORIDA By: FRED W. COYLE, CHAIRMAN Page 8 of 8 Underlined text added; stAke thFough text is deleted Agenda Item No. 8D December 13, 2005 Page 1 of 117 EXECUTIVE SUMMARY Petition: PUDZ -A- 2005 -AR -7403 Grand Inn of Naples, Inc., represented by Michael Fernandez of Planning Development Incorporated requesting a rezone from the PUD zoning district to the PUD Mixed Use zoning district by revising the existing Pine Ridge Medical Center PUD Document and PUD Master Plan to reduce the commercial use to 10,000 square feet, renovate the existing hotel into a condominium building with 56 residential units and change the name of the PUD. The property to be considered for this rezone is located in Section 15, Township 49 South, Range 25 East, Lot 51, Collier County, Florida. This property consists of 4.02± acres and is located at 1100 Pine Ridge Road. OBJECTIVE: To have the Board of County Commissioners determine whether the requested rezone is consistent with the Collier County Growth Management Plan and Land Development Code and is in the best interest of the community. CONSIDERATIONS: The Pine Ridge Medical Center PUD is an existing commercial PUD that was authorized by Ordinance 95 -52. The PUD, as it exists today, allows for a maximum development of 40,000 square feet of retail use and 20,000 square feet of general office use, or 60,000 square feet of medical office, or a hotel (105 rooms) and associated restaurant. The commercial activity allowed within the existing commercial PUD allows for uses permitted by the Collier County Land Development Code, C -2 Commercial district, with the exception of gasoline service stations. The 4.02 -acre subject property currently supports an 8,000+ square foot restaurant and a 105 -room hotel. The proposed MPUD provides for a commercial component of up to 10,000 square feet and a maximum 56 residential dwelling units, or 14 units per acre. The amendment is seeking to eliminate the majority of the commercial uses and square footage allowed within the MPUD by eliminating all other commercial use except for restaurants without a drive through. The Grand Inn of Naples, Inc, the owner of the on -site hotel of the same name, is sponsoring the proposed PUD amendment. The existing restaurant on -site is not co- sponsoring the proposed amendment. The property is located within a Mixed Use Activity Center, designated by the Future Land Use Element (FLUE) Map. The existing land uses within this Activity Center are all commercial - office and retail within the Pelican Bay PUD, and conventional commercial zoning (C -1, C -3, and C -4). Existing patterns of land use within two radial miles of the project also include residential, industrial, institutional and essential service uses. The proposed MPUD amendment is focused on the change in use of the existing four -story, 105 room Grand Inn hotel. The proposal would allow for the conversion of this structure from a 105 -room transient lodging facility to a maximum 56 unit multi- family residential structure. The existing 5,500 square foot restaurant is expected to remain unchanged as a result of the proposed MPUD amendment. Agenda Item Pao. 8D December 13, 2005 Page 2 of 117 It should be noted that based upon the current site design of the project, during the conversion of the existing hotel to a residential structure, to obtain the maximum 56 units allowed by the proposal, modifications to the current site layout will be required through the Site Development Plan (SDP) amendment process. Site Development Plan SDP -97 -147, which governed the site design for the current hotel and restaurant, provides for 175 parking spaces for both facilities. The restaurant parking calculation was calculated at '/z the required number of spaces, taking advantage of a parking reduction when a restaurant is integrated with a hotel. The restaurant was only required to provide 46 parking spaces, but with the conversion of the hotel to a residential structure, that parking reduction will no longer be applicable, thus requiring the restaurant to provide a total of 102 parking spaces. This would leave only 73 parking spaces in balance for the residential uses to draw upon. The Land Development Code (LDC) will require from each multi - family residential unit a parking demand of. 1 parking space per unit plus visitor parking computed at 0.5 spaces per efficiency unit, 0.75 per 1- bedroom unit, and 1 per 2- bedroom or larger unit. Based upon these demands, the 56 units could not be realized without modifications to the current site design and spatial configuration. The Transportation department has reviewed the petitioner's Traffic Impact Statement (TIS) and finds the following: The proposed petition will result in a reduction of approximately 495 site - generated weekday trips over the existing approved zoning. The Boundary Survey and PUD Master Plan do show that the current development provides some pedestrian and bicycle access to the adjacent western, eastern, and southern existing and future projects through existing sidewalks. The site also has vehicular access to Castello Drive to the south, and will provide for a potential interconnection with the Goodlette Conners commercial PUD immediately to the east of the project. The intent is for mixed -use projects to be developed at a human scale, pedestrian- oriented, and interconnected with adjacent projects. Further, Policy 7.3, in an effort to support the Community Character Plan, states that all new and existing developments shall be encouraged to connect their local streets and their interconnection points with adjoining neighborhoods or other developments regardless of land use type. FISCAL IMPACT: The rezoning of this PUD by and of itself will have no fiscal impact on Collier County. There is no guarantee that the project, at build out, will maximize its authorized level of development, however, if the property is rezoned, a portion of the existing land will be developed and the new development will result in an impact on Collier County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain adopted Levels of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay 50 percent of the estimated Transportation Impact Fees associated with the project. Other fees collected prior to issuance of a building permit include building permit review fees and utility fees associated with connecting to the County's water and sewer system. W Agenda Item No. 8D December 13, 2005 Page 3 of 117 GROWTH MANAGEMENT IMPACT: The subject property is designated Urban — Commercial District, Mixed Use Activity Center Subdistrict ( #12), as identified on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, the Mixed Use Activity Center Subdistrict permits a full array of commercial uses (C1 -05), residential uses, institutional uses, and hotel /motel uses at a density consistent with the Land Development Code. Density is calculated based upon the gross project acreage within the Activity Center and a density of up to 16 residential units per gross acre is allowed. Mixed -use developments, whether consisting of residential units located above commercial uses, in an attached building, or in a freestanding building, are allowed. Additionally, the subject property supports Policy 7.5, which states that the County shall encourage mixed -use development within the same buildings by allowing residential dwelling units over and /or adjacent to commercial development. Below is the list of "factors to consider during review of a rezone petition" within an Activity Center, followed by staff analysis /comment: • Rezones within Mixed Use Activity Centers are encouraged to be in the form of a Planned Unit Development. There shall be no minimum acreage limitation for such Planned Unit Developments except all requests for rezoning must meet the requirements for rezoning in the Land Development Code. This petition is a rezone from PUD to PUD. The minimum size for rezoning is 40, 000 square feet; and the subject site is 4.02 acres (I acre = 43,560 sq.ft) The amount, type and location of existing zoned commercial land, and developed commercial uses, within the Mixed Use Activity Center and within two road miles of the Mixed Use Activity Center; Not applicable since the property is already zoned commercial and will be replacing a portion of its commercial square footage to accommodate residential uses. • Market demand and service area for the proposed commercial land uses to be used as a guide to explore the feasibility of the requested land uses; Not applicable, note statement above. • Existing patterns of land use within the Mixed Use Activity Center and within two radial miles; The existing land uses within this Activity Center are all commercial - office and retail within the Pelican Bay PUD, and conventional commercial zoning (C -1, C -3, and C -4). Existing patterns of land use within two radial miles of the project also include residential, industrial, institutional and essential service uses. Agenda Item No. 8D December 13, 2005 Page 4 of 117 Based upon the above analysis, staff concludes the proposed PUD rezone may be deemed consistent with the Future Land Use Element. ENVIRONMENTAL ISSUES: Environmental Services Staff has reviewed the petition and has incorporated safeguards within the PUD document to ensure compliance with the environmental regulations. The Environmental Section (4.4), of the Pine Ridge Mixed -Use Center MPUD document provides a commitment that the most current environmental regulations will control all development within the PUD. The subject site is completely altered, isolated by a major roadway and development, and is actively used as a commercial parcel. The subject parcel is not a viable habitat for species to nest, den, or forage. No endangered, threatened, or species of special concern were observed on the site. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: This petition was not required to go before the Environmental Advisory Council due to the limited size (±4.02 acres) of the parcel. COLLIER COUNTY PLANNING COMMISSION (CCPQ RECOMMENDATION: The Collier County Planning Commission heared this petition on November 17, 2005. The Commission motioned to forward petition PUDZ -A- 2005 -AR -7403 to the Board of County Commissioners with a recommendation of approval with three modifications to the proposed PUD document by a unanimous 8 to 0 vote. The three modifications to the PUD document are: reduction of the maximum number of units to 56 from 64, modification of the B1 landscape buffer along the southern property boundary to meet the LDC requirement for a concrete or masonry wall, and for the PUD master plan to be modified to identify a potential interconnection with the Goodlette Corners commercial PUD immediately to the east of the project. 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 reflected in the Collier County Planning Commission's evaluation of the listed criteria in Chapter 10.03.05 and Chapter 10.02.12 of the LDC. These evaluations are completed as separate documents that have been incorporated into the attached staff report. A summary of the legal considerations and findings are noted below: • The proposed change has been deemed consistent with the goals, objectives, and 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 4 Agenda Item No. &D December 13, 2005 Page 5 of 117 otherwise affect public safety. This project has also been deemed consistent with Policy 5.1 and 5.2 of the Traffic Element of the GMP. • The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private shall be provided. STAFF RECOMMENDATION: Staff' analysis indicates that the proposed Pine Ridge Mixed -Use Center MPUD is compatible with surrounding land uses. Staff recommends that the Board of County Commissioners approve Petition PUDZ -A- 2005 -AR -7403 subject to the Pine Ridge Mixed -Use Center MPUD document attached to this Executive Summary. PREPARED BY: Mike Bosi, AICP, Principal Planner Zoning and Land Development Review 5 Agenda item No. SD December 13.20a5 Page 6 of 117 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. 8D - Item Summary: This item was continued from the November 15, 2005 BCC meeting and was further continued from the November 29, 2005 BCC Meeting. This item requires that all participants be sworn in and ex parte dis losure be provided by Commission members. PUDZ- A -2005- AR -7403 Grand Inn of Naples. Inc., represented by Michael Fernandez of Planning Development Incorporated requesting a rezone from the PUD zoning district to the PUD Mixed Use zoning district by revising the existing Pine Ridge Medical Center PUD Document and PUD Master Plan to reduce the commercial use to 10;000 sf, renovate the existing hotel into a condominium building with 64 residential units and change the name of the PUD. The property to be considered for this rezone Is located In Section 15. Township 49 South, Range 25 East, Lot 51, Collier County, Florida. This property consists of 4.02 acres and is located at 1100 Pine Ridge Road. Meeting Date: 12 %13,2005 9:DD:00 AM Prepared By Mike Bosi, AICP Principal Planner Date Community Development & Zoning & Land Development Ravi— 10/2812005 9:33:00 AM Environmental Services Approved By Ray Gallows Chief Planner We Community Development & Zoning & Land Development Review 10139!2005 2:50 PM Environmental Services Approved By Patrick G. White Assistant County Attorney Date County Attorney County Attorney Once 1112120054:47 PM Approved By Susan Murray, AICP Zoning & Land Development Director Data Community Development & Zoning & Land Development Review 1113!200510:29 AM Environmental Services Approved By Sandm Lee Executive Secretary Oate Community Development & Community Development & Enviranmentai Services Environmental Services Admin. 11'712005 3;55 PM Approved By Constance A. Johnson Opera€mns Analyst Date Community Development & Community Dovelopment & Environmental Services Environmental Services Admin. 11117120051:2T PM Approved By Donald L. Scott Transportation Planning Dimctvr Data Transportation Services Transportation Planning 1 IM87200511:22 AM Approved By Norm E. Fader, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin- 11118120052:10 PM Approved By Community Development & Joseph K. Schmitt Environmental Somices Adminstrator Date Community Development 6 Community Development & Environmental Services Environmental Services Admin. 1111672005 7:24 PM Approved By OMB Coordinator Administrative Assistant Data County Manager's Office Office of Management & Budget 1112112005 8:53 AM Approved By Mark lsackson Budget Analyst Data Cvurtty Manager's Office Office of Management & Budget 11121,12005 9:15 AM Approved By Michael Smykevski Management & Budget Director Date County Manager's Office Office of Management & Budget 1112112005 10:16 AM Approved By James V. Mudd County Manager Date Board of County Commi ssioners County Manager's Offlce 11121/2005 11:15 AM Agenda !tern No. 8D December 13, 2005 Page 7 of 117 Co e-r County STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION BEARING DATE: OCTOBER 20, 2005 SUBJECT: PETITION PUDA -05 -AR -7403 AGENT /APPLICANT: OWNER: Grand Inn of Naples, Inc 1100 Pine Ridge Road, 4"' Floor Naples, Florida 34108 AGENT: Michael Fernandez, AICP Planning Development Incorporated 5133 Castello Drive, Suite 2 Naples, Florida 34103 REOUESTED ACTION: To have the Collier County Planning Commission (CCPC) consider a proposed rezone from the Pine Ridge Medical Center PUD zoning district to the PUD Mixed Use zoning district for the purpose of revising the existing Pine Ridge Medical Center PUD Document and PUD Master Plan to reduce the commercial use to a maximum of 10,000 square feet, renovate the existing hotel into a condominium building with a maximum of 64 residential units and change the name of the PUD. GEOGRAPHIC LOCATION: The property to be considered for this rezone is located in Section 15, Township 49 South, Range 25 East, Lot 51, Collier County, Florida. This property consists of 4.02± acres and is located at 1100 Pine Ridge Road. (See location map on the following page) PUDA -05 -AR -7403, Pine Ridge Mixed Use MPUD 1 p LO r- � o e- or � N Z M O E- -0 cc -cu E a- 0 O C Mr) £ QndW Osn POYIN 03M Ou!d `£ObL-'dV- S0-VCUld .l NY7d l826/R Qlld •, 031► RIOeRp�All1N31Yd0'HA3O91YMN1'!d �1 r� 9 0 F O Sri a emcnine 3'JVt101s d13s AHoi siren C CL �o vi lz ~ 7-7 � O W K I I I MOEM02i3MIW0� a3dolan3aHn mill tl31Y16 id�NVl ,L'6. Ond y g jull satvarnts3a �� � � p ONUS= 1 CC z is g a r; 7 I 6" � W � z r' I a�sne warn ,se. one is r �y �alsla �JNtNOZ M�a3r�r�oa r-� �> I w ?13. WED JWIddOHS ROV-ld WOl13d war E i4 0 • e w V 0 Y i W 2 W O W b OU (A W N (Y O Agenda Item No. 8D December 13, 2005 Page 10 of 117 PURPOSE/DESCRIPTION OF PROJECT: The Pine Ridge Medical Center PUD is an existing commercial PUD that was authorized by Ordinance 95 -52. The PUD, as it exists today, allows for a maximum development of 40,000 square feet of retail use and 20,000 square feet of general office use, or 60,000 square feet of medical office, or a hotel (105 rooms) and associated restaurant. The commercial activity allowed within the existing commercial PUD allows for uses permitted by the Collier County Land Development Code, C -2 Commercial district, with the exception of gasoline service stations. The 4.02 -acre subject property currently supports an 8,000+ square foot restaurant and a 105 -room hotel. The proposed PUD provides for a commercial component of up to 10,000 square feet and a maximum 64 residential dwelling units. The amendment is seeking to eliminate the majority of the commercial uses and square footage allowed within the PUD by eliminating all other commercial use except for restaurants without a drive through. The Grand Inn of Naples, Inc, the owner of the on -site hotel of the same name, is sponsoring the proposed PUD amendment. The existing restaurant on -site is not co- sponsoring the proposed amendment. The property is located within a Mixed Use Activity Center, designated by the Future Land Use Element (FLUE) Map. The existing land uses within this Activity Center are all commercial - office and retail within the Pelican Bay PUD, and conventional commercial zoning (C -1, C -3, and C -4). Existing patterns of land use within two radial miles of the PUDA -05 -AR -7403, Pine Ridge Mixed Use MPUD 4 Agenda Item No. 817 December 13, 2005 Page 11 of 117 SURROUNDING LAND USE AND ZONING: Subject Parcel: Existing Hotel and Restaurant, zoned PUD Surrounding- North: Existing Residential structure, zoned RSF -1 East: Existing Self - Storage warehouse, zoned CPUD, Goodlette Corners South: Existing Residential structures, zoned RSF -4 West: Existing Commercial plaza, zoned C4 N= mm ismJ� •J J Movokffiffiffiffiffil pwax I mt &W% none i • ti ■Ia�ala I��rI.1' GROWTH_ MANAGEMENT PLAN CONSISTENCY: The subject property is designated Urban — Commercial District, Mixed Use Activity Center Subdistrict ( #12), as identified on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, the Mixed Use Activity Center Subdistrict permits a full array of commercial uses (CI-05), residential uses, institutional uses, and hotel/motel uses at a density consistent with the Land Development Code. Density is calculated based upon the gross project acreage within the Activity Center and a density of up to 16 residential units per gross acre is allowed. Mixed -use developments, whether consisting of residential units located above commercial uses, in an attached building, or in a freestanding building, are allowed. Additionally, the subject property supports Policy 7.5, which states that the County shall encourage mixed -use development within the same buildings by allowing residential dwelling units over and/or adjacent to commercial development. PUDA -05 -AR -7403, Pine Ridge Mixed Use MPUD 5 s k =we r pwax I mt &W% none i • ti ■Ia�ala I��rI.1' GROWTH_ MANAGEMENT PLAN CONSISTENCY: The subject property is designated Urban — Commercial District, Mixed Use Activity Center Subdistrict ( #12), as identified on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, the Mixed Use Activity Center Subdistrict permits a full array of commercial uses (CI-05), residential uses, institutional uses, and hotel/motel uses at a density consistent with the Land Development Code. Density is calculated based upon the gross project acreage within the Activity Center and a density of up to 16 residential units per gross acre is allowed. Mixed -use developments, whether consisting of residential units located above commercial uses, in an attached building, or in a freestanding building, are allowed. Additionally, the subject property supports Policy 7.5, which states that the County shall encourage mixed -use development within the same buildings by allowing residential dwelling units over and/or adjacent to commercial development. PUDA -05 -AR -7403, Pine Ridge Mixed Use MPUD 5 Agenda Item No. 8D December 13, 2005 Page 12 of 117 Below is the list of "factors to consider during review of a rezone petition" within. an Activity Center, followed by staff analysis /comment: • Rezones within Mixed Use Activity Centers are encouraged to be in the form of a Planned Unit Development. There shall be no minimum acreage limitation for such Planned Unit Developments except all requests for rezoning must meet the requirements for rezoning in the Land Development Code. This petition is a rezone from PUD to PUD. The minimum size for rezoning is 40,000 square feet, and the subject site is 4.02 acres (1 acre = 43,560 sq.ft.) • The amount, type and location of existing zoned commercial land, and developed commercial uses, within the Mixed Use Activity Center and within two road miles of the Mixed Use Activity Center; Not applicable since the property is already zoned commercial and will be replacing a portion of its commercial square footage to accommodate residential uses. • Market demand and service area for the proposed commercial land uses to be used as a guide to explore the feasibility of the requested land uses; Not applicable, note statement above. • Existing patterns of land use within the Mixed Use Activity Center and within two radial miles; The existing land uses within this Activity Center are all commercial - ofce and retail within the Pelican Bay PUD, and conventional commercial zoning (C -1, C -3, and C -4). Existing patterns of land use within two radial miles of the project also include residential, industrial, institutional and essential service uses. Based upon the above analysis, staff concludes the proposed PUD rezone may be deemed consistent with the Future Land Use Element. Transportation Element: The Transportation department has reviewed the petitioner's Traffic Impact Statement (T IS) and finds the following: The proposed petition will result in a reduction of approximately 495 site - generated weekday trips over the existing approved zoning. Evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP) and was found consistent with the policy. The consistency finding provides a statement to the project, that when developed, it will not excessively increase traffic congestion. Open Space /Conservation: A minimum of 30 percent open space of the gross site area, as described in Chapter 4.02.01 of the Land Development Code (LDC) and Policy 1.1.6 of the GNP, will be required of the PUD. PUDA -05 -AR -7403, Pine Ridge Mixed Use MPUD 6 Agenda Item No. 8D December 13, 2005 Page 13 of 117 FLUE Map URBAN RESIDENTIAL SUBDISTRICT I . AOMW WXED USE CENTER SLOO157Ci ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. These criteria are specifically noted in Chapter 10.03.05 of the Land Development Code (LDC) and required staff evaluation and comment. The Planning Commission also will utilize these criteria as the basis for their recommendation to the Board of County Commissioners (BCC). Appropriate evaluation of petitions for rezones to PUDs should establish a factual basis for supportive action by appointed and elected decision- makers. Each of the potential impacts or considerations identified during the staff review are listed under each of the criteria noted and are summarized by staff, culminating in a determination of compliance, non - compliance, or compliance with mitigation. These evaluations are completed as separate documents and are attached to the staff report (See Exhibit "A" and Exhibit "B "). Environmental Anal Environmental Services Staff has reviewed the petition and has incorporated safeguards within the PUD document to ensure compliance with the environmental regulations. The Environmental Section (4.4), of the Pine Ridge Mixed -Use Center MPUD document provides a commitment that the most current environmental regulations will control all development within the PUD. The subject site is completely altered, isolated by a major roadway and development, and is actively used as a commercial parcel. The subject parcel is not a viable habitat for species to nest, den, or forage. No endangered, threatened, or species of special concern were observed on the site. Transportation Anal Transportation Department Staff has reviewed the petition and notes the following: The Boundary Survey and PUD Master Plan do show that the current development provides some pedestrian and bicycle access to the adjacent western, eastern, and southern existing and future projects through existing sidewalks. The site also has PUDA -05 -AR -7403, Pine Ridge Mixed Use MPUD 7 Agenda Item No. 8D December 13, 2005 Page 14 of 117 vehicular access to Castello Drive to the south. Street, pedestrian pathway, and bike lane interconnections with adjacent properties, where possible and practicable, are encouraged within the Mixed Use Activity Center Subdistrict. The intent is for mixed -use projects to be developed at a human scale, pedestrian- oriented, and interconnected with adjacent projects. Further, Policy 7.3, in an effort to support the Community Character Plan, states that all new and existing developments shall be encouraged to connect their local streets and their interconnection points with adjoining neighborhoods or other developments regardless of land use type. Although the subject property is already developed, the adjacent property to the east is not, allowing for the investigation of a possible street interconnection between the two. Utilfty Issues: The Utilities Department staff has reviewed the petition and has indicated that public utilities are currently available to the site to accommodate the projects expected demands. Zoning and Land Development Review Analysis: As noted, the subject property is designated Urban — Commercial District, Mixed Use Activity Center Subdistrict ( #12), as identified on the Future Land Use Map of the Growth Management Plan. The existing PUD was approved in 1995 and provides for a maximum development of 40,000 square feet of retail and 20,000 square feet of general office or 60,000 square feet of medical office, or a 105 -room hotel and associated restaurant. The latter of the development scenarios currently occupies the subject property. The proposed amendment will limit the commercial uses allowed by the PUD to a maximum 10,000 square foot restaurant without a drive through. Additionally, the amendment is proposing an exchange of the 105 transient lodging units to a maximum 64 residential units. As indicated within the TIS submitted within the application package, the proposed change will result in a reduction of 495 daily trips for the project. (As shown below) Table I Trip Generation Pine Rids# Mivad ii.& r mn +.. S Y' >R7�n r r• t Ios -room Hotel 310 30 20 SO 25 30 55 935 Existing Uses 8,Ut)0 sq. R Rest== 50 40 90 45 40 uc+n2 85 1,01 S Tots! Trips 80 60 140 70 TD 140 1,950 64 Condominium Units LUC 230 5 30 35 30 10 40 440 Uses 8,000 sq. it. Restaurent t UC 432) 50 40 90 45 40 85 1,015 Total Trips 55 1 70 125. 1 75 50 125 1455 Trip Reduction -25 4-10 45 +5 -20 -15 -495 Agenda item Igo. 8D December 13, 2005 Page 15 of 117 The subject property is located on Pine Ridge Road with the main access to the development aligned with a directional median serving the subject property and a secondary and minor access from the south off of Castello Drive. The proposed PUD amendment is focused on the change in use of the existing four -story, 105 room Grand Inn hotel. The proposal would allow for the conversion of this structure from a 105 -room transient lodging facility to a maximum 64 unit multi - family residential structure. The existing 5,500 square foot restaurant is expected to remain unchanged as a result of the proposed PUD amendment. It should be noted that based upon the current site design of the project, during the conversion of the existing hotel to a residential structure, the maximum 64 units allowed by the proposal could not be realized due to a parking shortfall. Site Development Plan SDP -97 -147, which governed the site design for the current hotel and restaurant, provides for 175 parking spaces for both facilities. The restaurant parking calculation was calculated at 1/2 the required number of spaces, taking advantage of a parking reduction when a restaurant is integrated with a hotel. The restaurant was only required to provide 46 parking spaces, but with the conversion of the hotel to a residential structure, that parking reduction will no longer be applicable, thus requiring the restaurant to provide a total of 102 parking spaces. This would leave only 73 parking spaces in balance for the residential uses to draw upon. The Land Development Code (LDC) will require from each multi - family residential unit a parking demand of: 1 parking space per unit plus visitor parking computed at 0.5 spaces per efficiency unit, 0.75 per 1- bedroom unit, and 1 per 2- bedroom or larger unit. Based upon these demands, the 64 units could not be realized without major modifications to the current site design and spatial configuration. The proposed PUD amendment is seeking a residential density and commercial intensity that is consistent with the Growth Management Plan, but the reality of the dimensional standards and regulations incorporated with the proposed PUD document, in addition to the Land Development Code, will ensure that the proposed change to the PUD will not result in an over - intensification to the 4.02 acre site. The proposed PUD amendment is seeking changes to the existing PUD document that focus upon the existing four -story Grand Inn hotel, but the proposal is also requesting minor modifications to landscape buffers required of the project (Section 3.3.G.) Within this section, the PUD document states that the following buffers are considered to meet or exceed LDC required buffers. The section then precedes three varieties of buffer types: "D.1", "B- 1 ", and `B -2 ". The `B -1" landscape buffer, as indicated within the PUD master plan, is placed on the southern boundary of the project, adjacent to the residential homes which share a common property line with the project. Below is the full requirement of the specific buffer. PUD Type "B.1 " Landscaped Buffer: LDC Type B tree and hedge requirements in addition to an integrated green or black vinyl coated chain link fence shall be provided: except that the spacing of the shade trees, shall be 15 feet and the trees shall have a minimum height at installation of 12 feet. The Land Development Code requires that a masonry wall or prefabricated concrete wall/fence is required when a non - residential development lies contiguous to a residentially PUDA -05 -AR -7403, Pine Ridge Mixed Use MPUD 9 Agenda item No. 8D December 13, 2005 Page 16 of 117 zoned district. Based upon the LDC requirement for a masonry wall or concrete fence, the applicants proposed "B -1" buffer does not meet or exceed the LDC required buffer, as stated by the PUD. Staff is recommending that the requirements contained within the proposed "B- 1" buffer proposed by the applicant be revised to meet the LDC requirement. NEIGHBORHOOD INFORMATION MEETING (NM: The applicant held the required meeting on June 7, 2005 at 5:30 P.M. at the Grand Inn hotel site. Approximately twelve persons other than the applicant's agent and County staff attended. Of those neighboring property owners who spoke, all stated common concerns regarding increased traffic impacts to the surrounding neighborhood streets. Several stated there are already problems with noise from the adjacent Bennigan's restaurant and car lights shining into their residences from the parking lot. At least one person repeatedly insisted a concrete wall be constructed by the developer between the current hotel site parking lot and the adjacent residential properties in place of the chain -like fence that's currently there. Mike Bosi advised the neighbors that a wall to be constructed between the commercial and residential uses is a mandatory requirement of the code. Two other people said they'd prefer residential uses rather than commercial at the site, unless the commercial were office buildings. Mr. Fernandez responded to questions about parking, saying the existing lot would be shared common parking, not reserved parking. The existing restaurant is under separate ownership from the Grand Inn hotel. STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPQ forward a recommendation of approval of Petition PUDZ -A -AR -7403 with the modification to the B -1 landscape buffer to require a masonry wall or prefabricated concrete wall/fence, this action would repeal and replace Ordinance Number 95 -52 as described by the Ordinance of Adoption and exhibits thereto, the Pine Ridge Mixed Use MPUD regulatory document. PUDA -05 -AR -7403, Pine Ridge Mixed Use MPUD 10 Agenda Item No. 8D December 13, 2005 Page 17 of 117 PREPARED BY: MIKE BOSI, AICP PRINCIPAL PLANNER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW VIE BY: 2 PATRICK TE ATE ASSISTANT COUNTY ATTORNEY 3 o oS" SAN HURRAY, DI AICP, RECTOR DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: I - — �,, 4� / 3 /.4� K. SC TT AD STRATOR AT NITY DEVELOPMENT AND NMENTAL SERVICES DIVISION Tentatively scheduled for the November 15, 2005, Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: , CHAIRMAN PUDA -05 -AR -7403, Pine Ridge Mixed Use MPUD 11 Agenda Item No. 8D December 13, 2005 Page 18 of 117 REZONE FINDINGS PETITION RZ -04 -AR -7403 Section 10.03.05 of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: 1. Whether the proposed change will be consistent with the goals, objectives and policies of the Future Land Use Map and the elements of the Growth Management Plan. The proposed development is in compliance with the Future Land Use Element of the Growth Management Plan (GMP). Relevant to this petition, the Mixed Use Activity Center Subdistrict permits a full array of commercial uses (C1 -05), residential uses, institutional uses, and hotel/motel uses at a density consistent with the Land Development Code. Density is calculated based upon the gross project acreage within the Activity Center and a density of up to 16 residential units per gross acre is allowed. Mixed -use developments, whether consisting of residential units located above commercial uses, in an attached building, or in a freestanding building, are allowed. Additionally, the subject property supports Policy 7.5, which states that the County shall encourage mixed -use development within the same buildings by allowing residential dwelling units over and/or adjacent to commercial development. 2. The existing land use pattern; North: Existing Residential structure, zoned RSF -1 East: Existing Self - Storage warehouse, zoned CPUD, Goodlette Corners South: Existing Residential structures, zoned RSF4 West: Existing Commercial plaza, zoned C4 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; Commercial and single - family zoning districts surround the subject site. The proposed conversion of the existing 105 transient lodging units to a maximum 64 multi - family residential units will not create an isolated, unrelated zoning district. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The existing PUD district boundaries are logically drawn with all property governed by the PUD being located within an Activity Center. EXHIBIT "A" Agenda Item too. 8D December 13, 2005 Page 19 of 117 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. The existing commercial zoning boundaries for the subject site falls entirely within an Activity Center, as designated by the Growth Management Plan (GMP). The proposed PUD amendment, which exchanges transient lodging for residential units, is a scenario that falls within the range of activities contemplated for areas within an Activity Center. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; The local area, eastern segment of the U.S.41/Pine Ridge Road intersection, is populated with developed commercial parcels and existing single - family parcels.. The proposed PUD amendment is a change in use (from transient lodging facilities to residential units) that is allowed for within an Activity Center. The reduction in trips generated by the proposed amendment, as indicated by the Traffic Impact Statement (TIS) submitted with the application, will place less of a strain of the infrastructure of the area. 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 the project took into account the requirement for consistency with Policy 5.1 of the Traffic Element of the GMP and was found consistent, a statement advising that this project, when developed, will not excessively increase traffic congestion. As noted, the proposed change will result in an overall decrease in daily trips within the area. 8. Whether the proposed change will create a drainage problem; The LDC specifically provides the development standards that are designed to reduce the risk of flooding on nearby properties. New development in and of itself is not supposed to increase flooding potential on adjacent property over and above what would occur without development. In summary, this project has been reviewed for consistency with the applicable regulations and required to mitigate all sub - surface drainage generated by developmental activities as a condition of approval. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; Section 4.02.013.1 of the LDC requires that 30 percent of the project will be dedicated to usable open space or lands reserved for conservation purposes. This EXHIBIT "A" Agenda Item No. 8D December 13, 2005 Page 20 of 117 commitment, in combination with the landscape buffers required of the PUD, and the development standards required by the PUD will ensure that this project, when developed, will not adversely reduce light and air to adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area; As noted, the project lies within an Activity Center, the preferred location for the concentration of commercial, high- density residential and mixed -use developments. The proposed change to residential use, in general planning theory, is more compatible to the surrounding residential land uses and; therefore, is not expected to adversely affect property values. Within this petition, an appraisal of estimated future property values resulting from a rezone was not required. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; The regulations contained within the proposed PUD document are constructed to minimize the effect of the allowable uses on the surrounding properties. The proposed PUD rezone, with a requirement of 60 percent dedicated open space is not viewed as a deterrent to the development or improvement of the adjacent property. 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 zoning 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; There is no reason that the property cannot be used in accordance with the existing commercial zoning. The proposed PUD amendment does not proposed to eliminate the commercial zoning, rather modify the zoning to that of a mixed -use project, based upon the market constraints faced by the property. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; The proposed rezone complies with the GNP and will not adversely impact the scale, density and overall intensity of land uses deemed to be acceptable throughout the urban designated areas of Collier County. The proposed conversion of transient units EXHIBIT "A" Agenda Item No. 8D December 13, 2005 Page 21 of 117 to residential units within the PUD is viewed by staff as compliant with the needs of the neighborhood, as well as the County. 15. Whether is it impossible to fmd other adequate sites in the County for the proposed use in districts already permitting such use. There are many sites which are zoned to accommodate the proposed development. However, this proposal is a request to convert commercial zoning to that of mixed -use zoning. This exchange is an action that is viewed by the Growth Management Plan as consistent. 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 PUD is an existing facility and the proposed change is generally limited to a change of use. The existing hotel is expected to undergo interior renovations, but the overall site design, which currently exists for the PUD, is only anticipating minor modifications. 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" Agenda Item No. 8D December 13, 2005 Page 22 of 117 FINDINGS FOR PUD PUDZ -A- 2004 -AR -7403 Section 10.02.12 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plan's compliance with the following criteria: 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Public utility facilities and services are currently available in this area of Collier County. The local area, the southern segment of the US 41/Pine Ridge Road intersection, is populated with developed Commercial parcels, and existing single - family development. The proposed Mixed Use MPUD amendment will align with the existing land use pattern in the area. Jurisdictional reviews by County staff support the manner and pattern of development proposed for the subject property. Development conditions contained in the Pine Ridge Mixed Use Center MPUD document give assurance that all infrastructures will be developed consistent with County regulations. Any inadequacies that require supplementing the PUD document will be recommended to the Planning Commission and the BCC as conditions of approval by staff. Recommended mitigation measures will assure compliance with Level of Service relationships as prescribed by the GMT. 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. 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. EXHIBIT `B" Agenda Item No. 8D December 13, 2005 Page 23 of 117 Pine Ridge Mixed Use MPUD is compatible, both internally and externally, with the proposed uses and with the existing surrounding uses. The exchange of 105 transient lodging units, for the proposed 64 residential units, is viewed as more compatible with the existing residential dwelling units to the south of the project. The development standards and commitments contained within the PUD document will ensure that the proposed rezone will not negatively impact the surrounding developed and undeveloped neighboring properties. 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 the PUD Document (30 percent) is consistent with the provisions of the Land Development Code. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The timing or sequence of development in light of concurrency requirements is not a significant problem. All development authorized by the MPUD is required to meet concurrency requirements at the time of Site Development Plan approval. The improvements proposed by the MPUD Document are that of redevelopment. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The subject property is designated Urban — Commercial District, Mixed Use Activity Center Subdistrict ( #12), as identified on the Future Land Use Map of the Growth Management Plan. Ability to expand, as applied in this context, implies supporting infrastructure, such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads which is available to this site. Infrastructure is 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. The proposed PUD document conforms to PUD regulations or requests deviations that staff analysis finds justified. EXHIBIT `B" Agenda Item No. 8D December 13, 2005 Page 24 of 117 ORCD APPLICATION FOR PUBLIC HEARING FOR: ❑PUD REZONE (PUDZ) ®PUD 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) Grand inn of Naples, Inc. Applicant's Mailing Address 1100 Pine Ridge Road, 4t` Floor City Naples State Florida Zip 34108 Applicant's Telephone # (239) 649 -1230 Fax # (239) 649 -4237 Applicant's E -Mail Address: N/A Name of Agent Michael Fernandez Firm Planning Development Incorporated Agent's Mailing Address 5133 Castello Drive Suite 2 City Naples State Florida Zip 34103 Agent's Telephone # 1239) 263 -6934 Fax # (239) 263-6981 Agent's E -Mail Address:. PDIMRF(a aol.com COLLIER COUNTY COMMUNITY DEVELOPMENT DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403- 2400/FAX (941) 643 -6968 Application For Public Hearine For PUD Rezone 6/14104 Agenda Item No. 8D December 13, 2005 Page 25 of 117 *Be aware that Collier County has lobbyist regulations. Guide yourself accordingly 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: 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: Grand Inn of Naples. A Condominium Mailing Address 1100 Pine Ridge Road, 4th City Naples State FL Zip 34108 Name of Civic Association: Mailing Address City State Zip 2. Disclosure of Interest Information: a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership AwAication For Public Hearine For PUD Rezone 6/14/04 Agenda Item No. SD b. If the property is owned by a CORPORATION, list the officers and stockh3a e12005 117 percentage of stock owned by each. Name and Address, and Office Percentage of Stock Michael Kessous PResident 100% Registered Agent 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: Application For Public Hearine For PUD Rezone 6/14/04 Agenda Item too. 8D December 13, 2005 Page 27 of 117 f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address g. Date subject property acquired ( X ) leased ( ): 12/31/97 Term of lease _yrs./mos. If, Petitioner has option to buy, indicate date of option: and date option terminates: , or anticipated closing date 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 legal description of the property covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. 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: 15 Township: 49 South Range: 25 East Lot: 51 Block: Subdivisi Plat Book 2 Page #: 2 Property I.D. #: 6194212003, 46599000009, 46599000025 4659900004 Metes & Bounds Description: Please see attached Legal Description 4.- Size of property: 302± ft. X 537± ft. + 127± ft. X 105± ft.= Total Sq. Ft. 175,509± Acres 4.02± Address /general location of subject property: 1100 Pine Ridge Road Application For Public Hearine For PUD Rezone 6/14/04 6. PUD District (LDC 2.2.20.4): ❑ Residential ❑ Community acilities Agenda Item , 2 05 ty aecember 13; 20015 ® Commercial ❑ Industrial Page 28 of 117 7. Adiacent zoning and land use: Zoning Land use N ROW/ RSF -1 Pine Ridge Road / single- family residential S ROW / RSF-4 Castello Drive / single - family residential on individual lots E PUD commercial — Goodlette Corners PUD W C -4 commercial: restaurant and retail (Pelican Place) 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: Lot: Block: Plat Book Page #: Metes & Bounds Description: Range: Subdivision: Property I.D. #: 8. Rezone Request: This application is requesting a rezone from the PUD zoning district(s) to the PUD zoning district(s). Present Use of the Property: hotel and restaurant Proposed Use (or range of uses) of the property: mixed -use: multi- family residential and restaurant Original PUD Name: Pine Ridge Medical Center Ordinance No.: 95 -52 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- Aoolication For Public Hearing For PUD Rezone 6/14/04 statement describing the rezone request with specific reference to the criteria m� �,�' �' 8D �ecember'i"3, 2005 Include any backup materials and documentation in support of the request. Page 29 of 117 PUD Rezone Considerations aDC Section 2.7.3.2.5) 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 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. 3. Conformity of the proposed PUD.with the goals, objectives and policies of the growth management plan. 4. The internal and external compatibility ofproposed 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 inexistence 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 surrounding areas to accommodate expansion. 8. Conformity with PUD regulations, or as to desirable modifications ofsuch 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, 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 knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? N/A Application For Public Hearing For PUD Rezone 6114/64 11. Additional Submittal requirements: In addition to this completed application,�� 49205 shall be submitted in order for your application to be deemed sufficient, unless ft 117 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 Immokalee/Water Sewer District, if in Immokalee) of a 24" x 36" conceptual site plan [and one reduced 8' /z" 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, a 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.). Application For Public $earine For PUD Rezone 6/14/04 Agenda Item No. 8D December 13, 2005 f. Statement of utility provisions (with all required attachments and sketches); Page 31 of 117 g. A Traffic Impact Statement (TIS), unless waived at the pre - application meeting; h. A historical and archeological survey or 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. The petitioner must provide a letter of no objection from the United States Postal Service prior to submittal of the application. Please contact Robert M. Skebe, Growth Management Coordinator at: U.S. Postal Service 1200 Goodlette Road Naples, Florida 34102 -9998 Phone (239) 435 -2122; Fax (239) 435 -2160 k. An electronic version of the PUD on a disk as part of this submittal package. 1. 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 (s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign (s) 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 Application For Public Hearing For PUD Rezone 6/14/04 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REOI= item 2 05 n^ber 13, , 2005 Page 32 of 117 1. NAME OF APPLICANT: Grand Inn of Naples, Inc. 2. MAILING ADDRESS: 1100 Pine Ridge Road, 4t' Floor CITY Naples STATE Florida ZIP 34108 3. ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 1100 Pine Ridge Road 4. LEGAL DESCRIPTION: Section: 15 Township: 49 South Range: 25 East Lot: 51 Block: Subdivision: Plat Book 2 Page #: 2 Property I.D. #: 61942120003, 46599000009, 4659900002.5 4659900004 Metes & Bounds Description: Please see attached legal description 5 . TYPE OF SEWAGE DISPOSAL• TO BE PROVIDED (Check applicable system): a. COUNTY UTILITY SYSTEM ❑ b. CITY UTILITY SYSTEM c . FRANCHISED UTILITY SYSTEM ❑ PROVIDE NAME d. PACKAGE TREATMENT PLANT ❑ (GPD capacity) e. SEPTIC SYSTEM ❑ 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) ❑ Application For Public Hearine For PUD Rezone 6/14/04 -: Agenda Item No. 8D December 13, 2005 Page 33 of 117 7. TOTAL POPULATION TO BE SERVED:_ maximum number of units (64) z 2 =128 8. PEAK AND AVERAGE DAILY DEMANDS: A. WATER -PEAK 49,280 AVERAGE DAILY 19,712 B. SEWER -PEAK 56,000 AVERAGE DAILY 16,000 9. IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: N/A 10. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of 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. N/A 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. N/A 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. See enclosed Availability email from the City of Naples Utility Provision Statement RJM I0 /17197 Application For Public Hearing For PUD Rezone 6114/04 PUD REZONE APPLICATION December 13 2005 SUBMITTAL CHECKLIST Page 34 of 117 THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! REQUIREMENTS # OF NOT COPIES REQUIRED REQUIRED 1. Completed Application/PUD documents 24* 2. Copy of Deed(s) and list identifying Owner(s) and all Partners 24* if a Corporation 3. Completed Owner /Agent Affidavit, Notarized 24* 4. Pre - application notes/minutes 24* 5. Conceptual Site Plans 24* 6. Environmental Impact Statement - (EIS) — Waiver Request X 7. Aerial Photograph - (with habitat areas identified) x 8. Completed Utility Provisions Statement (with required 24 attachments and sketches 9. Traffic Impact Statement - (TIS) 24 10. Historical & Archaeological Survey or Waiver Application X 11. Copies of State and /or Federal Permits X 12. Architectural Rendering of Proposed Structure(s) x 13. []Application Fee — "PUD Rezone" = $10,000 + $25 per acre $10,891.00 ®Comprehensive Planning Consistency Review = $2,250 enclosed ® Application Fee — "PUD to PUD Rezone" = $8000 + $25.00 Check per acre # 5321 Legal Advertising Fees - $681.00 CCPC & $205.00 BCC Fire Code Review = $150 EIS Review = $1600 Check shall be made payable to: Collier Coun Board of Commissioners 14. An electronic copy of all plans and documents on a disk as 1 art of the submittal packet. 15. Affordable Housing Density Bonus Agreement including all x Appendices and Exhibits. 16. Boundary Survey (no more than 6 months old) 24 17. Letter of no objection from the United States Postal Service 24 18. OTHER REQUIREMENTS: * Documents required for Long -Range Planning Review *I additional copy if for affordable housing — N/A As the authorized agent/applicant for this petition, I attest that all of the information 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. — A nt/Applicant Signature Application For Public Hearing For PUD Rezone 6114104 Date 5tN I tiY : F'LANN1Nti UtVtLUrMtN I 1NL UFih UFlH I 'Ldy 'LbJ try i4 j AFFIDAVIT UtU -?U-U4 1L:zeh,Mj rAUt :]J:i Agenda item No. 8D December 13, 2005 Page 35 of 117 Well, Grand Ing of Natrles, Inc. being first duly sworn, depose and say that well am/are the owners of the property described herein and which is the suhject 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 Well further authorize Planning Development Incorporated /Michael Fernandez to act as our,�v"epresentadve in any matters regarding thin Petition. Of By: Michael Kessota President Grand Inn of Naples, Inc. The ore oirrg ins meat was acknowledged before me this _ � day of���, 200_ by _ who is personally known to me or has produced - • • • -, -- ac irlentificatlolr. State of 1,7orida County of Collier EPATRiCIA STEVENS MY COMMISSION # DD 252214 EXPIRES: Dwx -mber 3. 2007 TAfiY FL. hlrteN/ Diacuunt Assoc. Co. ADDIk -o ft Re► Pubiie Hearin For PIJU ',k=nt b�4J44 -P4r;�„ (Signature of Notary Public - State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) PINE RIDGE MIXED USE CENTER PUD AMENDMENT APPLICATION FOR PUBLIC HEARING FOR: PUD TO PUD REZONE (PUDZ -A) APPLICATION FEE CALCULATION PUD Amendment Application Fee ($8,000.00 + $25 x 4.2 acres - $500.00 pre - application meeting fee) Fire Code Review Comprehensive Planning Consistency Review Legal Advertising for the Planning Commission Legal Advertising for the Board of County Commissioners Total (Check # 5321 enclosed) Agenda Item No. 8D December 13, 2005 Page 36 of 117 $ 7,605.00 $ 150.00 $ 2,250.00 $ 681.00 $ 205.00 $1 0,891.00 Agenda item No. 8D December 13, 2005 Page 37 of 117 6 ORIGINAL DOCUMENT PRINTED ON CHEMICAL REACTIVE PAPER WITH MICROPRINTED BORDER - SEE REVERSE SIDE FOR COMPLETE- SECURI 'FEATURES - :C.' TAMIAMI TRAIL NORTH 5321 DEVELOPERS, MK f NAPLES, FLORIDA 3.4103 RIDGE 1100 PINE ROAD NAPLES, FL 34108 63- 1016/670 1/21/2005 PAY TO THE Board of Collier County Commissioners **101891.01 ORDER OF Ten Thousand Eight Hundred Ninety-One and 001200**»*»»*»»»»»*»»*»*»»»»»»»»» * » » * » » » * » » » »s » »s » » » »* » » » * » * » » »» n MEMO Board of Collier County Commissioners 11000532111' 40670101691: 100 LOIS2290 DOLLARS 1 t�. 4� Agenda Item No. 8D December 13, 2005 Page 38 of' 117 Agenda Item Flo. 8D December 13, 2005 rya Ica of 117 PINE RIDGE MIXED -,USE CENTER PIED .AMENDMENT APPLICATION SUBMITTAL PACKET TABLE OF CONTENTS / EXHIBITS - Twenty -Four (24) Sets, Each Containing the Following: A. PUD to PUD Rezone Amendment Application Form with exhibits Includes signed Affidavit and Application Fee Check Calculation, B. Copy of Pre'- Application Meeting Notes and Addressing Checklist C. Letter of Authorization with Legal Description D. Land Ownership Exhibit . PUDZ -A- 2005 -AR -7403 E. Location Map PROJECT # 2005030054 DATE: 3130105 F. U.S. Postal Service. Letter of No Objection MIKE BOSI G. City of Naples - Utility Letter } _ 3 H. Project Narrative I. Transportation Impact, Statement (TIS) ; J., Environmental Impact Statement (EIS Waiver Request) K. Current Pine Ridge Medical Center -PUD Document I Ordinance 95 -52. L. , Proposed Pine Ridge Mixed -Use Center Planned Unit Development (PUD) Document - with 8 %" x I1" PUD Master Plan M. Proposed Pine Ridge Mixed -Use Center Planned Unit Development (PUD) Document — Highlighted and Underlined Version N. PUD Master Plan - Proposed./ 24" x 36" Plan O. Boundary Survey - 24" x 3 6" with Owner Sworn Statement PINE RIDGE MIXED -USE CENTER PUD AMENDMENT MARCH 2005 Agenda Item No. 8D December 13, 2005 Page 40 of'117 PINE RIDGE MIXED -USE CENTER PUD AMENDMENT Re-submittal Agenda Item No. 8D PUDZ- 2005 -AR7 ber 13, 2005 Project # 200503005$oge 41 of 117 PUD Rezone Considerations fLDC Section 10-02.13.13) Date: 7/8/05 Mike Bosi 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 property is located within a designated mixed use activity center and the proposed amendment to a mixed use zoning district and land use furthers the goals and policies and intent of the Growth Management Plan while providing for enhanced compatibility to the abutting nonresidential land use. Existing infrastructure needs are generally lessoned by the proposed amendment. 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 owner has provided evidence of unified control as required by submittal requirements. 3.. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. The subject property is located in an area identified as an Activity Center in the Growth Management Plan for Collier County. Activity Centers are the preferred locations for the concentration of commercial, high - density residential and mixed -use development activities. The subject property is located on Pine Ridge Road with the main access to the development - aligned with a directional median. serving the subject property and a secondary and minor access from the south off of Castello Drive. This strategic, location allows the site superior access. for the.placement of mixed -use activities. The project development utilizes creative land use planning consistent with Policy 5.3 of the Future: Lane Use Element. The project development is.consistent with Policy 5.3 for the reason that it minimizes the cost of community facilities by confining urban intensity development to areas designated as Urban. The ' project is compatible with adjacent land uses through the internal arrangement of structures, the placement of landscape buffers, and the proposed development standards contained herein. The project development is a mixed -use development and utilizes innovative land development techniques consistent with.Policy 5.6 of the Future Land Use Element. . The project. development provides interconnection to adjacent local streets consistent with Policy 7.3 of the Future Land Use Element. . . The proposed residential density of 16 units per acre is consistent with the Mixed Use Activity Center Subdistrict which provides for mixed use development with up to 76.units per gross acre. Subject Property Area is 4.02 acres x 7 6 units per acre = 64 dwelling units maximum. Ln 0 0 C7 �- O� 0 co Z M Q U) 0 E r O O O N O co CO '7 - L -o Q- OO U. C U CV � Q O G N r CD to T E CD r CX) CL N N m T T w H Z - W W 6fi 69- N T z O f2c. O m ~Q t i o • J _ o O T O J O O Q. O. CO U r: O W G M O co U m d' Q � rn ti y m r- ,.o CO Ln 0 0 0 0 co 0 U) 0 '7 O O O N O N '7 N O OO V O CV CO M O O N r O to T CD r CX) T N N O T T M H Z - W 6fi 69- Ur! T 6 f2c. - OQ. t i LnOOOOOOU') O T O O O O O O. CO r: O M O co V d' O O rn ti r- ,.o C) � 6 � v V � t� O 'O O O O N O O CR .; 000r-gID Cu O N O 6 co O N r- N (fl (D .N Q) LL) to CA O Oct O O 0 to m N M r N CV Lt7 r u) r � N co CL M M H} W- r 69- tf} W. V.4. CVO W. m c O m .t � W m m in C v m CJ (q m C E •ttT '0 Y O fA m e`o u O £ O a�t%U)IM Lu 7 LO O 00 N tp ti t4q- - o p ci W 00 � CD r CY LD W to H Z - W - OQ. O - N LO r: O M O co d' ,.o C) 0 • v a - o Cu 0 f D- m a p � N co CL 0- co impact tee C:aicutator rage f of i Agenda .Item No.- .80 December 13 :2t}Q5 Pago 44 of 117 Collier .County Government ©,Z't� C3 Collier County Community Development Services Impact Fee Estimator The following Information was used to estimate your Impact Fees: 1. Structure: Hotel 2. Total Square Footage: 80000 3. Number of Buildings or Facilities: 1 4. Multiple Factor ( Students /Beds /Baths /Units /Etc): 105 5. Number of Stories for a Multi - Family Dwelling: 0 6. Located in Ochopee or Capri Fire District: NO Note: At this time, Water and Sewer Impact .Fees are NOT included. Please contact Utilities at 732-2571 for water and sewer impact fees. Impact Fee Cost Parks (Community and Regional): r- $84,486.15 Libraries: $0.00 Fire: $24,000.00 Schools: $0.00 Roads: $455,070.0 0 Jails: C- $18,720.00 Emergency Medical Services: $3,990.00 Government Buildings: $24,713. Total Fees: $610,980.00 Impact Fee Calculator - Page 1 of 1 - � Agenda Item: No. 8p . December 13, 2005 . Page 45 of 117 Collier Coun Government Collier County Community Development Services Impact Fee Estimator The following Information was used to estimate your Impact Fees: 1. Structure: Home - Multi- Family 2. Total Square Footage: 80000 " 3. Number of Buildings or Facilities: 7 4. Multiple Factor (Students /Beds /Baths /UnitsfEtc): 64 5. Number of Stogies for a Multi - Family Dwelling: 4 6. Located in Ochopee or Capri Fire District: NO Note: At this time, Water and Sewer Impact Fees are NOT included: Please contact Utilities at 732 -2571 for water and sewer impact fees. Impact Fee Cost Parks (Community and Regional}; $93,020.80 Libraries: $11,862.40 Fire: $12,000.00 Schools: $52,928.00 Roads: $285,696.00 Jails: $7,550.72 Emergency Medical Services: $5,952.00 Government Buildings: $11,297.60 Total Fees: To $480,307.52 Agenda Item No. 8D December 13, 2005 PRE- APPLICATION MEETING NOTES Page 47 of 117 ❑ PUD Rezone ® PUD to PUD Rezone )ate: 6/ t 3 04 T Firm., 'roject Name: _Pine Ridge Medical Center, 1100 Pine Ridge Road 1 pplicant Name: _Michael Fernandez Phone: 263-6934 )wner Name: Michael Kessous )wner Address: Phone: Meeting Attendees: Planner: _Mike Bosi WC3 Wr 4 lt��G�`ti�" le�� VI CL W, Submittal Requirements efer to application for additional requirements) !4 Copies of the following: ❑ di ' et i s a Tri a �,}� f V `� Completed Application Pre - application Meeting Notes Conceptual Site Plan 24X 36" and One 8 %Z X 11" copy PUD document and Master Plan ! Copies 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 I Copies of the following: Environmental Impact Statement (EIS) or waiver ] Historical Survey or waiver request ] Utility Provisions Statement w /sketches Architectural rendering of proposed structures Architectural Review required ] Survey, signed & sealed lo Seven (7) Traffic Impact Stateme (TIS) waiver ] Five (5) copies of Recent Aerial Photograph (with habitat areas defined) min scaled 1" = 400' ] One (1) Electronic copy of all documents in Word format and plans (CDRom or Diskette) ] One (1) Letter of no objection from the United States Postal Service. Contact Robert M. Skebe at (239) 435 -2122, 09/19/2004 22:55 6595724 ADDRESSING PAGE 01 Agenda item No. 8D SENT BY: PLANNING DEVELOPMENT IkAPPORAT; 239 283 6934; SEP -29 -04 9:18AM; Decipr r y�, 2005 Page 48 of 117 ADDXE.SSi7VG CHECKMT Please complete the following and submit to the Addressing Section for Review. Not all IL-e s will appl L.M. EY.aTLpMje t. 1 1MW bV are EMjMd• 1. Legal description of subject property or proporties (copy oflengthy description may be attacW) See Attached Exbi'bit A – –NM es Imp Co T,dWs Emm Lots a1 2_51.3.51.4.51.5.51.6.51.7. Secti X115- Townshln 49S._Rarutc East IV oIa Ga -(I d _e., rari.d 4 iuu d) A Coil -d m ; ,,11 u ;.► 2 desc7fprlon ff more tha i one) 423 7 and X0.4 - 3, Street address oraddressor (as appllcablr, falreadyassienod44o5`i9oc�0009 4r,59900o4 -7:5 te.c-S49e0004 1100 Pine Rid eg_Road 4. , Location nx ip, showing exact location of projcct/site in relation to nearest public road right -u ['way pirach) 5. Copy of survey (NEEDED ONLY FOR UNPLATTED PROPERTIES) 6. Proposed project name (fapplfeable.) Pine Ri a ica1 C ter PUD emains umb ed) 7. Proposed Street names (tfapplicable) NIA 8. Site Development Plan Number (FOR EXISTING PROD CTS/SITES ONLY) SDP 97 =147 and 97 – 147(a) and (b,) 9. Petidon Type – (Complete a separate Addressing Cheo"st for each Petition Type) ❑ SDP (Site Development Plan) ❑ PPL (Plans & Plat Review) ❑ SDPA (SDP Amtmd=m) PSP (Preliminary Subdivision Plat) �SDPI (SDP Insubstantial Change) FP (Final Plot) ] SIP (Site Improvement Plan) LLA (Lot Line Adjustment) ❑ STPA (SIP Amendment) BL (Blasting Permit) ❑ SNR (Street Name Chtmgc) ❑ ROW (Right-of-Way Permit) ❑ Vegotaftaffixotie (Veg. Removal Permits) EXP (Excavation Permit) ❑ Land Use Petition (Varianoe, Conditional Use, [� VPSk? (Veg, Removal & Shc Fill Pei nit) Boat Dock Ext., Rezone, PUD rezone, ote.) ® Other - Describe; PUD Ammdmeat: currently PUD #2-90-25 / Ordinance 95 -52 _ 10. Project or development names proposed for, or already appearing in, condornilxi = documents (if applicable; indicate whether proposed or existing) N/A — 11 _ Please Check Onc, Checklist is to be Faxed Back 0 Personally Picked Up 12, Applicant Name h4ichael Fernandez / Ply, � Phone 263-6939 Fa3 263.6981 13. Signature on Addressing Checklist does not constitute Project andlor Street Name approval and is sL bject to ho Cher review by the Addressing S=Lion. FOR STAFF USE ONLY Primary Number 1.5-7 C1 9 9 Address Number 157 °5,5 Addr= Number i 5To 59 Address Number 15T Revised 3.21 -01 Approved by ._L' ! Q m Date D e- .... . ...- .....+...v --# tru-svi Lm vnrunmt, GJ7 LDO M104j Utu -LU. U4 LETTER OF AUTHORIZATION F'AUL 2/3 Agenda Item No. 8D December 13, 2005 Page 50 of 117 The undersigned do bemby swear or affirm that they are the fix simple title holders and owners of record of the property currently known as Pine Ridge Mixed/ -Use Center PUD and legally described as follows: PLEASE SEE ATTACHED EXHIBIT "A" the property described herein is the subject of an application for a Planned Unit Development (PUD) Amendment and subsequent development orders within Collier County. We hereby designate Plannihe Demkymenf Incorporated /Michael R Fernandez, AI_ CP as the legal repmserfttive of the property and as such, this individual is authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop this site. This authority includes but is not limited to the hiring and authorizing of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain development permits from Collier County, Florida Power & Light (FPL), Flo ' Department, of Transportation (FDOT), and/or Florida Depa�rhme;nt of Environmental Pr9�DEP). Pmsident Grand inn STATE OF FLORIDA COUNTY OF COLLIER rn to T subscribed fore me this o, . , day of 2004 by who is personally known to me or who has produced as i '&i iiion. ' ,g��T Pub PAT 31CIA STEVENS JJJ MY GOMMI SSION # DD 252214 Notary Public cc ttiGC�' EXPIRES: December 3, 2007 SEAL My COmmi ' . � rraen � Assoc, CO. T A I R 1L.14 67T'�� 1 F--L6 Name typed, printed or stamped Agenda Item No. 8D December 13, 2005 Page 51 of 117 Exhibit A LEGAL DESCRIPTION A lot or parcel of land lying in Lot 51, NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS according to a map thereof recorded in Plat Book 2, at Page 2, of the Public Records of Collier County, Florida, which lot or parcel is described as follows; 1. From the Northwest comer of Section 15, Township 49 South, Range 25 East, run Easterly along the North line of said section 662.3 feet; thence run Southerly for 15 feet to the Northwest corner of the East half (EV2) of the West half (WU2) of said Lot 51 to the point of beginning; thence run South along the West line, of said East half (E 1/2) of the West half (WU2) for 316.5 feet more or less to the South line of said Lot 51; thence run East along said South line for 150 feet; thence run North parallel to said West line of the East half (EU2j of the West hall' (WU2) for 316.5 feet more or less to a point on the North line of said Lot 51; thence run West along said North line for 150 feet to the point of beginning; being West 150 feet of said East half (EU2) of the West ltalf (WI/2) of Lot 51, less and except the North 10' thereof. 2. East 150 feet of the West 300 feet of 'tltc East half (EU2) of the West (W112) of Lot 5l, NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS, a Subdivision according to the Plat thereof, as recorded in Plat Book 2, at Page 2, in the Public Records of Collier County, Florida, less and except the Northerly 15' thereof. 3. A lot ors parcel of land lying in Lot 51, NAPLES IMPROVENENT COMPANY'S LITTLE FARMS according to a map or plat thereof, as recorded in Plat Book 2,.at Page 2, of the Public Records of Collier County, which lot or parcel is described as follows; From the Northwest corner of Section 15, Township 49 South, Range 25 East, run Easterly along the North line of said section for 662.3 feet; thence run Southerly for 15 feet to the Northwest corner of the East half (EV2) of the West half (WU2) of said Lot 51; thence run Easterly along the North line of said Lot 51 for 375 feet to the point of beginning of the lands hereby conveyed. From said point of beginning run South, parallel to the West line of said cast half (EV2) of the West hall (WV2) for 316.5 feet mo,,,,rFF o�rless to the South line of said Lot 51; thence run East along said South line for 75 feet; thence F4a'railcl to said West line of tic East half (EU2) of the West half (1/2) for 316,5 feet more or less to a point on the North line of said Lot 51; thence run West along said North line for 75 feet to the point of bcginning; being the East 75 feet of the West 450 feet of said East half (EV2) of the West half (W 1/2) of Lot 51. 4. South 105 feet of the East 125 feet of the West 1/2 of Lot 51, NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS as rccordcd in Plat Book 2, at Page 2, Public Records of Colticr County, Florida. 5. East half (1%2) of the West half (WU2) cxccpt the East 125 feet and except the West 450 feet of Lot 51 less the North 15 feet for right -of- -way, Lot 51 NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS as rccordcd in;Plat Book 2, nt Page 2, Public Records of Collicr County, Florida. 6. East 75 feet of the West 375 feet of the East half (E1/2) of the West half (WV2) of Lot 51 less the North 15 feet for right- or•way, NAPLES IivfPROVEMENT COMTANY'S LITTLE FARMS as recorded in Plat Book 2, at Page 2, Public Records of Collier County, Florida. =1 N w ro 0 c� X- 2166115 OR: 1377 PG: 3301 ttIL91p is tl< = � sf ==MR, MR, x nn+.aMMM MW I I It /Pill It 12:nm *0 t, =a, Gilt L IWa CaaW. M 21111N.N UNA=acmay.PA IIC Its li.N 31UTMWW TO7 bank soft 402 ioc•.ri ii1N.N 1 t4,*rn,Plnsi 34143 bits: 01AOMM saw i ctlfil Tad LDk 61947324007 U31 IN= tZ I IM Spas ian tits Nye tv,emdrK Niiif R 36113 WARRAN W DEED THIS DFm is made this 314day of Deambm 1997, between G.C. DEVFI.OI m OF NAPLES,. !NC. a Florida corporation, Grantor and GRAND M OF NAPLES, INC., a Florida wr; .. on. Grwtm wbose pod office address is 3838 Tudami Trial North, Suite 410, Naples, Florida 34103. That said Csrumm for and in consideration of the sum of Tea and 00/100 Dollars (510.00), and other good sod vahmble caoodersdan to said Grmkw in hand paid by said Grantee, the reeapt i whereof is bereby acimowiodged, has graaled, bagritwd and sold to the said Oraomee, and Grsotee's F hens and asagns fomw, the following described lead, siuzu lying and being in Collier Camry, Florida, to-wit: c See Exhibit "A" attachod hereto and made a pert hermt Subject to ral estslte taxes for 1997; zoning and an resaictiom imposed by governmemai aid woo rauictiaos and essoments common to the subdivision; and outstanding a7, gas and mineral is terests of record, if ray. And said Grantor does hereby ftlliy warrant the tide to said lsod, and will defend the same agsimt file law811 claims of au pmoos wbomso W. IN WITNESS VIHEREOF, Grantor has beresmto set Grantor's hand and sal the day sad year t. fast above written. Signed, sealed and delivered G.C. DEVELO O NAPS.FS, DX' a in ow prsaeoce: Florida v - 13y: iz Witness s11 i I� � � J.7lto ' ■ HE President Prir>t ♦ 9 v Mdoess *2 a• :.7M,y,s_ {Type or Print Name) $ STATE OF FLORIDA COUNTY OF COLLME.R . The for+eping insumm Ct was admowledgd b4d'ose ore this T+6 day of Do=mber,1ffl by %Gdsad Kenos, u Prrii kd f G.C. DE+VFLOPM OFNAnES. AiC� a Fk d>bos*�aeiaa� oa bebsif of the ca 7mition. Fie 1s paaoosily Itaowa 10 ma a `pso I , I (t)pe of idestifia6on) as idmotit>atian and did (dd east) ale as aaA NOTE: If a type of ideat:5aiion is not Warted in the blot pasrided, lbe cocilf j this iastrranent was personally Insown to sae. if file wade is dra pass! sit asst' ass east caned, they the person c oartiag this hsttument did take an oath. 1wOMa on UMata•/MM OWNWILIM rtlraaMllrMtYlrr�aw 31gna�aC Crype at print Name of aocswcaa Agenda item No. 8D December 13, 2005 Page 53 of 117 Agenda Item No. 8D December 13, 2005 Page 54 of 117 F�BlTA x ** OR: 2377 PG: 3303 tit Parcel l: A lot or parcel of land lying in Lot 51, NAPLES IMPROVEMENT COMPANY'S UTTIB FARMS according to a map thereof recorded in Plat Book 2, at Page 2, of the Public Records of Collier County, Florida, which lot or parcel is described as follows: From the Northwest corner of Section 15, Township 49 South, Range 25 East, run Easterly along the North line of acid section 6623• feefi thence run Southerly for 15 feet to the Northwest corner of the East half (13112) of West half (W1/2) of said Lot 51 to the point of beginning; thence run South along the West line, of said East halt (El/2) of the West hall (W112) for 310.5 feet more or less to the South line of said Lot 51; thence run Eau along said South line for 150 feet; thence run North parallel to said West line of the East half (El /2) of the West half (WI/2) for 3165 feet more or less to a point on the North line of said Lot 51; thence: run West along said North line for 150 feet to the point of beginning; being West 15D feet of said East half (El/2) of the West half (WI/2) of Lot 51, less and except the North IV thereof. Parcel Z. East 150 feet of the West 300 feet of the East half (E1/2) or the West half (W1/2) of Lot 51, NAPLES IMPROVEMENT COMPANY'S I.rrrLE FARMS, a Subdivision according to the Plat thereof; as recorded in Plat Book 2, at page 2, in the Public records of Collier County, Florida, less and except the Northerly 15' thereof. Parcel 3: A lot or parcel of land lying in Lot 51, NAPLES IMPROVEMENT COMPANY'S L rI1E FARMS according to a map or plat thereof as recorded in Plat Book-2. at Page 2, of the Public Records of Cocker Caamy, Florida, which lot or parcel is described as followc. From the Northwest corn* of Section 15, Township 49 South, Range 25 East, run Easterly along the North line of said section 662.3 feet; thence run Southerly for IS feet to the Northwest corner of the East half (El/2) of West half (WI/2) of said Lot 51; thence run Easterly along the North line of said Lot 51 for 375 feet to the point of begitming.of the lands hereby conveyed. From said point of begL ring run South, parallel to the West Um of said East half (El /2) of the West balf (WI/2) for 3165 feet toot a or less to the South line of said Lot 51; thence ma Eau along said South line for 75 feet; thence run parallel to said West line of the East half (E1/2) of the West half (WI/2) for 316.5 feet more or less to a point on the North line of said Lot 51; thence roue Wen along said North Una for 75 feet to the point of beSkud tg; being the East 75 feet of the West 450 feet of said Easj ball (E1/2) of the West half (WI/2) of Lot 51. Parcel 4: South 105 feet of the But 125 feet of the West 1/2 of Lot 51, NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS as recorded in Plat Book 2, at page 2, Public Records of Collier County, Florida. Parcel 5: East half (131/2) of the West half (WI/2) except the East 125 feet and except the West 450 feet of Lot 51 less the North 15 feet for right -of -way, Lot 51, NAPLES IMPROVEMENT COMPANY'S LTrIU FARMS as recorded in Plat Book 2, at page 2, Public Records of Collier County, Florida. Parcel 6. Fast 75 feet of the West 375 feet of the East half (Ei/2) of the West had (WI/2) of Lot 51 less the North 15 feet for right -of -way, NAPLES IMPROVEMENT COMPANY'S 11T11E FARMS as recorded in Plat Book 2, at page 2, Public Records of Collier County, Florida. Agenda Item No. 8D December 13; 2005 Page 55 of 117 PINE RIDGE MLXED -USE CENTER PUP AMENDMENT EXHIBIT E LOCATION MAP PINE RIDGE MIXED -USE CENTER PUD AMENDMENT MARCH 2005 C) Id3� � O T _s ti_ Ln caEm C C U w N do ?.198 1 '' T W ; < ^ C Z h Q Z {� 3 J a O1 O N 8�j �_I U � cZ7 $$ W_ 2 N � J 3 ii ��° e C F )° b Q c � tl -m ttl�- w- w-�vm[ ID -LtK ti t a-ao-ow m -RK a Nl -N • [-i Y Y-tt [ .t -M N -lt -tl N [-Y I -IHI Y-r-et G ptrY � -<hW Y -t-G N _u o-u-n. u-t-t u t r -YKx N hr+tt C.twM[O 1 iG-R� h N^8[ tN'°4 Y-al-m w fOt-r -N-.[ OL-nK [ Ll Q -Y R-N -� Y-rY It [Gt -Y h -u -A uKE-G Y -7=t a -LTmn lor.o N�-GG p:GV�L[ t G t aiM vwwx V g ! _ V, F p ~ = a _ _ - -n • / J ! C W Z IF=S i • Flo o-num Cs 1 - F < 3 t'S « q W _O O tIQ ! •?t]ilq U N jA w>4k FFRACi _ i .a Q . x Q i VYQMVMTI 1En 1- hi n .. n..n RP S r �' - P Q - A ¢ < Vl� U U LL _Pena =?O U_ p i � n g 7 Jn 1 t L 1. rn wiu r[viltrt "L � 1 1 � � 1 ccC� � 5 � $3>i„ fillFG NOtS6 i i . p - .QOffP sgg)a x aF6otoaoyo,o m �uoteiy 6uitou6Fsep Pa�ros 6tuna� __________ roFO,ylo .y. Pao =dory �(gpgogo�Q �oa�6opaoyo�y /auai =iH'•y1 ________ Li3H10— ONINOZ :NOISV\3b 1S`d-I Agenda Item No. 8D December 13, 2005 Page 58 of 117 �''� UNITED STATES J POSTAL SERVICE November 16, 2004 Kelly Foote Planning Development Inc. 5133 Castello Drive Suite 2 Naples, Florida. 34103 Letter of no objection, Rezone, 1100 Pine Ridge Road, The Postal Service has no objection to delivery in your development, pending the mode of delivery in which we will establish in accordance with your approved P.U.D. Sincerely, Bob Skebe Growth Management NAPLES MtA1N OFFICE 1200 OCCOLE= FM N NAPLES, FL 34102 -OM Agenda Item No. 8D December 13, 2005 Page 59 of 117 PINE RIDGE D -USE CENTER PUD AMENDMENT CITY OF NAPLES UTILITY AVAILABILITY LETTER Dear Kelly: _ - - I have reviewed your request for information as containerd in your letter to Paul McAllister dated 8 October 2004. You stated that "the owner is proposing to retain the restaurant, but to convert the 105 hotel rooms to a maximum of 64 residential condominium •units within the existing structure." . The question that you posed - "What are the impacts, if any, relative to the utilities metering and impact fees credit or additional fee ?" - is best addressed in the future when your Design Professionals prepare rennovation design plans and undertake an engineering analysis to determine adjustments in the consumption and demand parameters for water and sanitary sewer service resulting froim the 64 residential units. The waterlsewer consumption /demand may increase or decrease depending on the number of plumbing fixtures and number and sizes of meters required by the 64 residential units. Hence, in the absence of construction plans and engineering anyalses for the modified hotel use the' City cannot provide you with a final statement on various monetary fee impacts at this time. I will, however, provide you with some indicators of possible future utility impacts in terms of current fees /charges and meter sizes, (1) SEWER: The principal fee is System Development Charges which are based $1,220 per unit for residential and multi - family residence classes and for commerical properties the charge is a function of meter size with costs ranging between $1,220 and $579,500 for 314 inch - 12 inch water meter sizes as listed below: . /8 " -- 3/4" ... 1,220.00 1" ... 3,050.00 1 1/2" ... 6,100.00 2" ... 12,200.00 3" ... 24,400.00 4" ... 36,600.00 6" ... 122,000.00 8" ... 213,500.00 10" ... 335,500.00 12" ... 579,500.00 What meter sizes and how many meters will the -""4 residential units require? Any changes to the System Development Charges will need to be based _,n the foregoing and City, code. t (2) WATER: The principal fee is — y'stem Development Charges which- , -.ange from $ a i T' ) for a 5/8 inch meter to $413,250 (475 ERU) for a 12 inch meter as listed below. Page 61 of 117 Meter Size (inches) Minimum Equivalent System Development Charge Units per Meter Size 5/8 1 $ 870.00 3/4 1 870.00 1 2.5 2,175.00 1 1/4 4 3,480.00 1 1/2 5 4,350.00 2 10 8,700.00 3 20 17,400.00 4 30 26,100.00 6 100 87,000.00 8 175 152,250.00 10 275 239,250.00 12 475 413,250.00 As stated previously, how many meters and what sizes will the . 64 residential units require? Any changes to the System Development Charges will need to be based on the foregoing and City code. Should you require any additional information, please let me know. Mad Ryziw, P.E., PMP Senior Civil Engineer City of Naples Public Works Department ++++++++++++++++++++++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++ On 1 Nov 2004 at 8:52, PDIKF1 @aol.com wrote: > Dear Mr. Razou, > Thank you so much for your time and assistance with this project. Per our coversation, I have attached the letter previously sent to Paul McAllister regarding the proposed conversion of the Grand .Inn Hotel to multi - family residential units. > Upon receipt and review, should you have any questions or need additional information, please contact our office at 263 -6934. > Thank you.. • Sincerely, • Kelly Foote, Project Coordinator > Planning Development Incorporated > 5133 Castello Drive, Suite 2 > Naples, FL 34103 > phone:(239) 263 -6934 > fax: (239) 263 -6981 Agenda Item No. 8D December 13, 2005 Page 62 of 117 PINE RIDGE MIXED USE CENTER PUD AMENDMENT Agenda Item No. 8D December 13, 2005 Page 63 of 117 Project Narrative Pine Ridge Mixed -Use PUD Existing Zoning. The existing PUD was approved in 1995 and provides for a maximum development of 40,000 sf of retail and 20,000 sf of general office or 60,000 sf of medical office or a hotel (105 rooms) and associated restaurant. Proposed Zoning. The proposed PUD Amendment provides for a commercial component of up to 10,000 sf and up to 64 residential dwelling units. This is a lowering of the permitted intensity. This proposal also furthers the general intent of the Growth Management Plan which encourages mixed use activity centers, which are most desirable in the form of integrated residential with commercial proj ects. Context. The proposed PUD Amendment will further increase compatibility with adjacent land uses. Existing: 4.02 ac supports a 8,000 + /- sf restaurant and a 105 room hotel North: Pine Ridge Road r/w East: Goodlette Comers PUD (commercial) Includes multi-story self storage facility South: Castello Drive R/W & RSF -4 Single family homes on individual lots. West: C-4 Commercial District Pelican Place: Strip shopping center including restaurants. Redevelopment. The proposed redevelopment shall retain the existing (Bennigan's) Restaurant and the hotel (Grand Inn) shall be renovated into a maximum of 64 residential condominiums. The existing site plan and general site circulation is proposed to remain relatively unchanged. Summary. Conversion of the existing 105 room hotel, structure into a residential condominium development with a maximum of 64 residential units. Agenda Item No. 8D " s December 1.3, 2005 . Page 64 of 117 PINE RIDGE MIXED -USE CENTER PUD AMENDMENT Agenda item Faso. 8D December 13, 2005 Page 65 of 117 PLANNING DEVELOPMENT INCORPORATED Development Consultants, Engineers, Planners and Landscape Architec . March 18, 2005 Ms. Cristina Sanchez. Collier County — Environmental Services Department 2800 N. Horseshoe Drive Naples, Florida 34104 Re: . Pine Ridge Mixed Use Center — PUD Amendment PDl PN: 03.01029 Dear Ms. Sanchez: Thank you, in advance, for your continued assistance with the review and permitting of this project. Pursuant to our pre - application meeting held October 13, 2004, please allow this correspondence to serve as a request for a waiver of the Environmental Impact Statement (EIS) submittal requirement. As we discussed during the pre - application meeting, this property is already developed as a 105 -room hotel; therefore we are requesting a waiver from the EIS submittal. As always, upon your receipt and review, should you have any questions or require. additional information, or wish to further discuss the requested waiver, please do not hesitate to contact me directly at 263 -6934. Sincerely yours, PLANNING DEVELOPMENT INCORPORATED Michael R. Fernandez, AICP President Enclosures PLANNING DEVELOPMENT INCORPORATED Development Consultants Engineers and Planners Landscape Architects 5133 Castello Drive, Suite 2, Naples, Florida 34103 Office: 941/263-6934 Fax: 941 / 263 -6981 Registration: LC0000378 Agenda Item No. 8D December 13, 2005 ! Page 66 of 117 PINE RIDGE MIXED -USE CENTER PUD AMENDMENT EXHIBIT I TRANSPORTATION IWACT STATEMENT (TIS) PUDZ -A- 2005 -AR -7403 PROJECT # 2005030054 DATE: 3/30/05 MIKE BOSI Cr�11Oj� 1960 5 2005 1 )V16 METRO TRANSPORTATION GROUP, INC. Your Transportation Resource Agenda Item No. BID Qe6�4fiEb��CgG}}33��t���G ©©OU�O %%JtI L EVAR D FORT YERS, f1f33919 -4489 TELEPHONE 239. 278.3090 FAX 239- 276 -1906 WWW.Metrotransportation.co TRAFFIC ENGINEERING TRANSPORTATION PLANNING SIGNAL SYSTEMS /DESIGN r .,. �f w? v fy - • 1 r (( ,^j}J�L Su �i,-Ct } (4 1�14.1 h. � 5ai.E` k ��'TF � f � $+ � � +'1N ` �� ,� c�44!•• 4• • v 5 �je �4:' t'�{ J� < r t � ' .,,,,t Z hr t t . I „u ��.,kA} x `"nl xr y;� r�4 4•v r n '+ id '� 1 "�� r . � J-r r � yk •l]ff��rtr y � �� ' �t �� � 'tt'�r«.E'+�' �1%tx �,/��ti`�'�� � '�gyv,� � 0�4 r � t�z ` ♦ i/' >�¢ `r �•, �t���t„y_•a s. �i `ia","����i^',t y � "..Y � ���' 4 x �a'. .c,� "�' t'41t y�ti�,L{ �i ��+ �C�t � t a r~ ' * j$•. s• * 'r Y n �.T• tit < i'T" b 1•�. t f �1 h d t• •.� 'k a t:F�G�r .� M' a .y`' i K f NZa s, f 7¢- y- t'r`k+ +K v: C TO: Mr. Michael Fernandez Planning Development Incorporated FROM: Robert L. Price, E.I. Project Consultant Ted B. Treesh Principal/Regional Manager DATE: January 6, 2005 RE: Pine Ridge Mixed Use Center 1100 Pine Ridge Road Naples, FL 34105 Metro Transportation Group Inca (Metro) has completed a traffic analysis for the above referenced project in order to obtain the proper permits to modify the development on the subject site from its existing 105 room hotel and 8,000 square foot restaurant to a proposed 64 unit multi - family development along with the 8,000 square foot restaurant. The restaurant use will remain unchanged as a result of this application: Metro referenced the Institute of Transportation Engineer's (ITE) Trip Generation Report, 7a' Edition, to determine the weekday peak hour trip generation on the subject site. A trip generation comparison was performed between the existing uses on the subject site and the proposed multi- family use. The Collier County Concurrency Spreadsheet was then referenced to determine the available capacity on the surrounding roadways at the time of project build -out. The project site is located on the south side of Pine Ridge Road to the east of its intersection with U.S. 41 in Collier County, Florida. Currently, a 105 room hotel and an 8,000 square foot high - turnover (sit -down) restaurant exist on the subject site. As a part of this submittal, the subject site would be modified to consist of a 64 -unit multi - family use and the 8,000 square foot high - turnover (sit -down) restaurant. Access to the site is provided to Pine Ridge Road allowing directional turning movements and Castello Drive allowing full turning movements. OTHER OFFICES: HOFFMAN ESTATES, IL - CHICAGO, IL - 'ROCHESTER HILLS, MI f rrl 0 Agenda Item No. 8D cemb 13, 2005 Mr. Michael rerp(M of 117 Pine Ridge Mixed Use Center January 6, 2005 Page 2 Trip generation calculations were performed based on the existing and proposed development scenarios indicated previously. Table 1 below indicates the weekday peak hour trip generation for the existing uses on the site. Additionally, Table 1 also indicates the trip generation of the proposed re- development of the subject site. Finally, Table I indicates the overall reduction in trips that will result due to the re- development of the Pine Ridge Mixed Use Center, A negative value indicates a reduction in trips as a result of the proposed modifications, and a positive value indicates an increase in trips. As can be seen in Table 1, the traffic currently generated by the uses within the Pine Ridge Mixed Use Center will be reduced as a result of the proposed modifications. Table 1 Trip Generation Pine Ridge Mixed Use Center ►itatUS Y �' R �*"Y• ;7�y i �., :! %5M � 1 a ` !3 +r�t 7L�, a. Ri M } 1 . rA1 , f:r. , �y■.R R. r {�4 &M ..r+. �.'. F .�•/'R gi�. 1 . f _ 105 -room LUC 31 30 20 50 25 30 51A4 5 935 8,000 sq. ft. Restaurant (LUC 932) 50 40 90 45 40 85 1,015 Existing Uses Total Trips 80 60 140 70 70 140 1,950 30 35 30 10 40 440 Proposed 64 Condominium Units (LUC 230) 5 Uses 8,000 sq. ft. Restaurant (LUC 932) 50 40 90 45 40 85 1,015 Total Trips 55 70 125 75 50 125 1,455 Trip Reduction -25 +10 -15 +5 -20 -15 -495 Table IA and Table 2A, attached, were created to demonstrate the methodology utilized to determine the existing as well as future Level of Service on Pine Ridge Road along the frontage of the Pine Ridge Mixed Use Center. The Level of Service thresholds utilized in Table IA for Pine Ridge Road were based on the 2002 FDOT Generalized Level of Service Spreadsheet for Urbanized Areas (attached). As indicated in Table 2A, the projected Level of Service on Pine Ridge Road will be acceptable based on the Collier County Concurrency standards. Therefore, no roadway link improvements will be required as a result of the proposed modifications to the Pine Ridge Mixed Use Center. As can be seen in Table 1, the traffic generated by the proposed site will be reduced as a result of the proposed modifications to the site. If you have any additional questions regarding this matter, please do not hesitate to contact me. w v 0 0 p� m Q � O a p Uo ) �- -i O o m oT � ZC� C T � tt} E ro W �® co It o) °' a Q® chi 8 8 a o 0 M 0 M co N N O 0 O D N J Z > Q y o O� ti W W M 0 0 p N N N mo> H Y U m W o LO to 0 LL J a� U ° a W > 1) O a CL w v 0 0 p� m Q � O a t Or¥ $/\ CDC) � _j� § � 2 � _ � + + + + � � � m ■ § � q o u $ e �• � m $ ° � A A z ° 7 2 d Q n | 7 a a � § � 2 § ■ § � � G § § ■ a § q § § 2 k if 2 Q§§ n n 1 I ! § § % & q 3 & . It J / K § � v w CL I 2 / I i Agenda Item No. 8D December 13, 2005 TABLE A - 7 Page 71 of 117 GENERALIZED PEAK HOUR DIRECTIONAL VOLUMES FOR FLORIDA'S URBANIZED AREAS' Class It (2.00 to 4.50 signalized intersections per mile) Level of Service Level of Service FREEWAYS Lanes Divided A Lanes Divided A B C D E 1 Undivided 100 340 670 950 1,300 2 Divided 1,060 1,720 2,500 3,230 3,670 3 Divided 1,600 2,590 3,740 4,840 5,500 STATE TWO-WAY ARTERIALS 2,790 3,330 Class I p0.00 to 1.99 signalized lntersections per mile) 4,550 5,530 6,150 Level of Service 2,660 4,410 Lanes Divided A B C D 8 1 Undivided *• 220 720 860 890 2 Divided 250 1,530 1,810 1,860 ••• 3 - Divided -320'.1 2,330 2,720 ^ 2,790 • ►a '4 Divided ' . _ 490_ .. 3,030 3,460 ' 3,540 ••• Class It (2.00 to 4.50 signalized intersections per mile) Class III (more than 4.5 signalized intersections per mile and not within primary city central business district of an urbanized vest over 750,000) Level of Service Level of Service FREEWAYS Lanes Divided A B C D 8 1 Undivided •• 100 590 810 850 2 Divided •• 220 1,360 1,710 1,800 3 Divided •• 340 2,110 2,570 2,710 4 Divided •• 440 2,790 3,330 3,500 Class III (more than 4.5 signalized intersections per mile and not within primary city central business district of an urbanized vest over 750,000) Interchange spacing < 2 mi. apart Paved Shoulder/ Level of Service Level of Service FREEWAYS Lanes Divided A B C D E Lana Interchange spacing> 2 mi. apart B C D E 2 Level of Service 1,840 2,660 Lana A B C D E 2 1,270 2,110 2,940 3,580 3980 3 1,970 3,260 4,550 5,530 6,150 4 2,660 4,410 6,150 7,480 9,320 5 3,360 5,560 7,760 9,440 10,480 6 4,050 6,710 9,360 11,390 12,650 Interchange spacing < 2 mi. apart BICYCLE MODE (Note: Level of service for the bicycle mode in this table is based on roadway geometries At 40 mph posted speed and tnf c conditions, not number of bicyclists using the facility.) (Multiply motorized vehicle volumes shown below by oumber of directional roadway lanes to determine maximum service volumes.) Paved Shoulder/ Level of Service Level of Service Bicycle Lane Lanes Divided A B C D E Lana A B C D E 2 1,130 1,840 2,660 3,440 3,910 3 1,780 2,890 4,180 S,410 6,150 4 2,340 3,940 3,700 7,380 8,380 S 3,080 4,990 7,220 9,340 10,620 6 3,730 6.040 8.740 11.310 12.850 BICYCLE MODE (Note: Level of service for the bicycle mode in this table is based on roadway geometries At 40 mph posted speed and tnf c conditions, not number of bicyclists using the facility.) (Multiply motorized vehicle volumes shown below by oumber of directional roadway lanes to determine maximum service volumes.) Paved Shoulder/ Level of Service Level of Service Bicycle Lane Lanes Divided A B C D E Coverage A B C D E 1 Undivided •• •• 280 660 810 049% •• •• 170 720 >720 2 Divided «• •• 650 1,510 1,720 50-84% •• 130 210 >2l0 ••• 3 Divided •• •• 1,020 2,330 2,580 85 -I00X 160 380 >380 ••• ••• 4 Divided •• •• 1,350 3,070 3,330 PEDESTRIAN MODE Class IV (mare than 4.5 signalized intersections per mile and within (Note: Level of service for the pedestrian mode in this table is based on roadway primary city central business district of an urbanized area geometries at 40 mph pasted speed and traffic conditions, not the number of over 750,000) pedestrians using the facility.) (Multiply motorized vehicle volumes shown below Level of Service by number of directional roadway lanes to dclermine maximum service volumes.) Lanes Divided A B C D E 1 Undivided •• •• 270 720 780 Level of Service 2 Divided •• •• 650 1,580 1,660 Sidewalk Coverage A B C D E 3 Divided •• •• 1,000 2,390 1,490 0.49% •• •• *• 330 810 4 Divided *• •• 1,350 3,130 3,250 50.84% •• "• •• 520 990 85- 100'/. •• 120 590 >590 '•• NON-STATE ROADWAYS Major City /County Roadways BUS MODE (Scheduled Fixed Route) - Level of Service (Buses per hour) Lanes Divided A B C D E Level of Service I Undivided •• •• 480 760 810 Sidewalk Coverage A B C D E 2 Divided •• •• 1,120 1,620 1,720 0.84% •• >5 >4 >3 2:2 3 Divided •• •• 1,740 2,450 2,580 85 -100% >6 >4 >3 22 >I ARTERIAIJNONSTATE ROADWAY ADJUSTMENTS Other Signalized Roadways (signalized intersection analysis) DIVIDED/UNDIVIDED Level of Service (alter corresponding volumes by the indicated percent) ' Lanes Divided A B C D E I Undivided e- •• 250 530 660 Lanes Median Left Turns Lana Adjustment Factors 2 Divided •• •• 580 1,140 1,320 1 Divided Yes +5% 1 Undivided No 4200A Source: Florida Department of Transportation 02/22/02 System Planning Office Multi Undivided Yes -5% 605 Suwannee Stmt, MS 19 Multi Undivided No -25% Tallahassee, FL 32399 -0450 hitp:/ /wwwl i.myA(xida,cam/ planning /syacros/sm/los/defeult htm ONE WAY FACILITIES Increase corresponding volume 2096 •leis ebb aw osmd a wadald sad ahoak k and ody for annual [ aPPtfrMbat 7iaeomptra audab hoe rYei m4 tabb b dairad abaaW be and br wan rpsdfic Olrmin8 Tb dw appfirniatts. l'tn tab4 and dwivht� caapuar aadals slnuld not M used for eowWr r imrretios drip, wMa man nMne aahslgar safM. Valve afaen tar laory itastioaal volaenr far lewb of eetvks aad m AV de amwebadaack modr unka peelnally mail, t.aM of rrvka bear RWa &mA" an probably err tautparabls actor medr.ad. dwdwe, sou estodal eoeprtsw alauW be a m &*d chm nude vM remiss. Funbaewre, eembWaa tmis of nnies of lWama taadr ba sae overall n.dway bvd stsarvka b err nmwwedad. a sacra dally tmfaaompwat tber. vobmw mesa M divided by pptapistr D and K frton. Ttx abk'a bow war dafitda sad lover of rrviee eelA appar o* err hkwba pap. ClkwMm m bred es pleasure pF kuiom of de Hiskw"y CM-oby Meauet, ekyek LOS Modal. PedwW" LAS Medal "od Tm$h Cpaehy wW Qudfry of asevba Mmrm4 wprtlwy for de rtmaobibltaek, bigde. padsrtw sad Am modes. ••Caesar b. aeM" W, able ieptd valve da6atu. _ Nat "fptk•bk for cut keel of m vim ktw v-de. For viumobikhn,ek mode• vokam p ass dm level of rMr D' , F bemire Wwomiw e-psa6ir bve bem a6dw . For Wryek and podearks aadea, do level of service klkr antic (laciu4na F) b raze aaWeveble, 6aoere ante b a- mexknw valdele vobmn IbteelaN ••i^f t-ble {opal valve deft W. Agenda Item No. 8D December 13, 2005 Page 72 of 117 ORDINANCE 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 UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS TO CHANGE THE ZONING CLASSIFICATION OF THE SUBJECT REAL PROPERTY FROM THE PUD ZONING DISTRICT TO THE "MPUD" MIXED USE ZONING DISTRICT BY REVISING THE EXISTING PINE RIDGE MEDICAL CENTER PUD DOCUMENT AND PUD MASTER PLAN TO REDUCE THE COMMERCIAL USE TO 10,000 SQUARE FEET, RENOVATE THE EXISTING HOTEL INTO A CONDOMINIUM BUILDING WITH A MAXIMUM OF 64 RESIDENTIAL UNITS AND CHANGE THE NAME OF THE PUD. LOCATED AT 1100 PINE RIDGE ROAD, IN SECTION 15, TOWNSHIP 49 SOUTH, RANGE 25 EAST, LOT 51, COLLIER COUNTY, FLORIDA, CONSISTING OF 4.02± ACRES; PROVIDING FOR THE REPEAL AND REPLACEMENT OF ORDINANCE NUMBER 95 -52, AS AMENDED, THE FORMER PINE RIDGE MEDICAL CENTER PUD; AND PROVIDE FOR AN EFFECTIVE DATE. WHEREAS, Michael Fernandez of Planning Development Inc., representing Grand Inn of Naples, Inc., petitioned the Board of County Commissioners to change the zoning classification of the subject real property, pursuant to Petition PUDZ -A- 2005 -AR -7403; 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 15, Township 49 South, Range 25 East, Lot 51, Collier County, Florida, as described in Section 1.2 of the PUD Document is changed from the PUD zoning district to the "MPUD" Mixed Use zoning district by revising the existing Pine Ridge Medical Center PUD Document and PUD Master Plan to reduce the commercial use to 10,000 square feet, renovate the existing hotel into a condominium building with a maximum of 64 residential units and change the name of the PUD, 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- Agenda Item No. 8D December 13, 2005 Page 73 of 117 41, as amended, the Collier County Land Development Code, are hereby amended accordingly. SECTION TWO: Ordinance Number 95 -52, as amended, known as the Pine Ridge Medical Center PUD, adopted on October 10, 1995, by the Board of County Commissioners of Collier County, is hereby repealed and replaced in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by supermajority vote of the Board of County Commissioners of Collier County, Florida, this day of .2005. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA BY: DEPUTY CLERK FRED W. COYLE, CHAIRMAN roved as to form and lega suf ' cy vo'�A4— Patrick G. White Assistant County Attorney PUDLA- 2005- AR- 7403/MB/sp Agenda Item No. 8D December 13, 2005 Page 74 of 117 EXHIBIT "A" PINE RIDGE MIXED -USE CENTER A Planned Unit Development REGULATION AND SUPPORTING MASTER PLAN GOVERNING PINE RIDGE MIXED -USE CENTER. A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE Prepared For: Grand Inn of Naples, Inc. 1100 Pine Ridge Road Naples, Florida 34103 PREPARED BY: Michael R. Fernandez, AICP Planning Development Incorporated 5133 Castello Drive Suite 2, Naples, Florida 34103 239.263.6934 / 239.263.6981 fax PDI MRF @ aol.com ORIGINAL DOCUMENT DATE REVISION DATE DATE FILED DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL 03/18/05 06 -24 -05 11/17/05 TABLE OF CONTENTS Agenda Item No. 8D December 13, 2005 Page 75 of 117 PAGE THRU PAGE LIST OF EXHIBITS AND TABLES iii STATEMENT OF COMPLIANCE iv v SECTION I PROPERTY OWNERSHIP & DESCRIPTION 1 -1 1 -3 II PROJECT DEVELOPMENT 2 -1 2 -3 III MIXED -USE DEVELOPMENT COMMITMENTS 3 -1 3 -3 IV DEVELOPMENT COMMITMENTS 4 -1 4-4 LIST OF EXHIBITS AND TABLES EXHIBIT "A" PUD Master Plan TABLE I Land Use Table Page iii Agenda Item No. 8D December 13, 2065 Page 76 of 117 Agenda Item No. 8D December 13, 2005 Page 77 of 117 STATEMENT OF COMPLIANCE The development of approximately 4.02 acres of property in Collier County, as a Planned Unit Development to be known as Pine Ridge Mixed Use Center will be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan. The mixed -use residential and commercial development of Pine Ridge Mixed Use Center will be consistent with applicable comprehensive planning objectives of each of the elements of the Growth Management Plan for the following reasons: The subject property is located in an area identified as an Activity Center in the Growth Management Plan for Collier County. 2. Activity Centers are the preferred locations for the concentration of commercial, high - density residential and mixed -use development activities. 3. The subject property is located on Pine Ridge Road with the main access to the development aligned with a directional median serving the subject property and a secondary and minor access from the south off of Castello Drive. This strategic location allows the site superior access for the placement of mixed -use activities. 4. The project development utilizes creative land use planning consistent with Policy 5.3 of the Future Lane Use Element. 5. The project development is consistent with Policy 5.3 for the reason that it minimizes the cost of community facilities by confining urban intensity development to areas designated as Urban. The project is compatible with adjacent land uses through the internal arrangement of structures, the placement of landscape buffers, and the proposed development standards contained herein. 6. The project development is a mixed -use development and utilizes innovative land development techniques consistent with Policy 5.6 of the Future Land Use Element. 7. The project development provides interconnection to adjacent local streets consistent with Policy 7.3 of the Future Land Use Element. 8. The proposed residential density of 14 units per acre is consistent with the Mixed Use Activity Center Subdistrict which provides for mixed use development with up to 16 units per gross acre. Subject Property Area is 4.02 acres x 14 units per acre = 56 dwelling units maximum. 9. The project will be served by a complete range of services and utilities as approved by the County. Water and sewer utilities are provided by the City of Naples. 10. All final local development orders for this project are subject to the Collier County Adequate Public Facilities Ordinance. Page iv SECTION 1 PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE Agenda Item No. 8D December 13, 2005 Page 78 of 117 The purpose of this section is to set forth the location and ownership of property, and to describe the existing conditions of the property proposed to be developed under the project name of Pine Ridge Mixed Use Center. 1.2 LEGAL DESCRIPTION The subject property being 4.02± acres, is described as: A lot or parcel of land lying in Lot 51, NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS according to map thereof recorded in Plat Book 2, at Page 2, of the Public Records of Collier County, Florida, which lot or parcel is described as follows: Commence at the Northwest comer of Section 15, Township 49 South, Range 25 East, run Easterly along the North line of said section 662.3 feet; thence run Southerly for 15 feet to the Northwest comer of the East half (E1 /2) of West half (W1 /2) of said lot 51 to the point of beginning: thence run South along the West line of said East half (E1 /2) of the West half (W1 /2) for 316.5 feet more or less to the South line of said lot 51: thence run East along said South line for 150 feet; thence run North parallel to said West line of the East half (E1 /2) of the West half (W1 /2) for 316.5 feet more or less to a point on the North line of said Lot 51; thence run West along said North line for 150 feet to the point of beginning: being West 150 feet of said East half (E1 /2) of the West half (W1/2) of Lot 51, less and except the North 10' thereof. East 150 feet of the West 300 feet of the East half (E1/2) of the West (W12) of Lot 51, NAPLES IMPROVEMENT COMPANY'S LITTLE FARM, a Subdivision according to the Plat thereof, as recorded in Plat Book 2, at Page 2, in the Public Records of Collier County, Florida, less and except the Northerly 15' thereof. A lot or parcel of land lying in Lot 51, NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS according to a map or plat thereof as recorded in Plat Book 2, at Page 2, of the Public Records of Collier County, Florida, which lot or parcel is described as follows: From the Northwest comer of Section 15, Township 49 South, Range 25 East, run Easterly along the North line of said section for 662.3 feet: thence run Southerly for 15 feet to the Northwest comer of the East half (E1 /2) of the West half (W112) of said Lot 51, thence run Easterly along the North line of said Lot 51 for 375 feet to the point of beginning of the lands hereby conveyed. From said point of beginning run South, parallel to the West line of said East half (E1 12) of the West (W1/2) for 316.5 feet more or less to the South line of said Lot 51, thence run East along said South line for 75 feet, thence run parallel to said West line of the East half (E1 /2) of the West half (W1/2) for 316.5 feet more or less to a point on the North line of said Lot 51: thence run West along Page 1 -1 1.3 1.4 1.5 1.6 Agenda Item No. 8D December 13, 2005 Page 79 of 117 said North line for 75 feet to the point of beginning, being the East 75 feet of the West 450 feet of said East half (E1 /2) of the West half (W1/2) of Lot 51. South 105 feet of the East 125 feet of the West Y2 of Lot 51, NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS as recorded in Plat Book 2, Page 2, Public Records of Collier County, Florida. East half (E1 /2) of the West half (W1 /2) except the East 125 feet and except the West 450 feet of Lot 51 less the North 15 feet for right -of -way, Lot 51 NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS as recorded in Plat Book 2, at Page 2, Public Records of Collier County, Florida. East 75 feet of the West 375 feet of the East half (E 112) of the West half (W 1 /2) of Lot 51 less the North 15 feet for right -of -way, NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS as recorded in Plat Book 2, at Page 2, Public Records of Collier County, Florida. PROPERTY OWNERSHIP The Property is owned by Grand Inn of Naples, Inc., Michael Kessous (contact) and is hereinafter called "applicant or developer'. GENERAL DESCRIPTION OF PROPERTY AREA A. The property is located in Section 15, Township 49 South, Range 25 East. The Property consists of approximately 4.02 acres and is located approximately 740 feet from the southeast corner of U.S. 41 and Pine Ridge Road and off and south of Pine Ridge Road. The Property currently supports a 105 -room hotel, an 8,000± square foot restaurant and approximately 30% or 1.2 acres of open space. B. The zoning classification of the Property prior to the date of this approved PUD Document was PUD. PHYSICAL DESCRIPTION The Property has the following designation relative to flood — FEMA FIRM Flood Zone X: area of 500 -year flood or area of 100 -year flood with expected average depth of less than 1 foot: and areas protected by levees from 100 -year flood. Community -Panel Number 120067 0383 E: Map Revised August 3, 1992. PROJECT DESCRIPTION Pine Ridge Mixed Use Center is a proposed mixed -use center, which will support a maximum intensity of development not to exceed commercial square footage of 10,000 square feet and 14 residential dwelling units per acre. Page 1 -2 Agenda Item No. 8D December 13, 2005 Page 80 of 117 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Pine Ridge Mixed Use Center Planned Unit Development Ordinance." Page 1-3 2.1 2.2 2.3 SECTION ii PROJECT DEVELOPMENT PURPOSE Agenda Item No. 8D December 13, 2005 Page 81 of 117 The purpose of this Section is to delineate and generally describe the project's plan of development, relationships to applicable County ordinances and other project relationships. GENERAL A. Regulations for development of Pine Ridge Mixed Use Center shall be in accordance with the contents of this document, PUD- Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code (LDC) and Growth Management Plan (GMP) in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements, such as but not limited to Final Subdivision Plat (if required), 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. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. C. All conditions imposed and all graphic material presented depicting restrictions for the development of Pine Ridge Mixed Use Center shall become part of the regulations which govern the manner in which the PUD site may be developed. D. Unless modified, waived or excepted by this PUD document or associated exhibits, the provisions of other land development codes where applicable remain in full force and effect with respect to the development of the land which comprises this PUD. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Chapter 6, Section 6.02.00 Adequate Public Facilities of the Land Development code at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan, including access locations, is illustrated graphically by Exhibit "A" PUD Master Plan. There shall be one (1) general mixed -use tract. Page 2 -1 TABLE I: TYPE PINE RIDGE MIXED USE CENTER ESTIMATED LAND USE SUMMARY UNITS / SQUARE FOOTAGE MIXED USE 56 multi- family units Commercial /Restaurant 10,000 Agenda Item No 8D December 13, 2005 Page 82 of 117 ACREAGE 4.02± Exhibit "A" is a PUD Master Plan and is an illustrative preliminary development plan. Design criteria and layout illustrated on this supporting exhibit shall be understood to be flexible so that final design may satisfy development objectives and be consistent with the Project Development, as set forth in this document. 2.4 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE A mixed use center with a maximum intensity of development which shall not exceed 56 multi - family units and 10,000± square feet maximum of commercial /restaurant. The gross project area is 4.02± acres. 2.5 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to the recording of a Record Plat, and/or Condominium Plat for all or part of the PUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the PUD Master Plan, the Collier County Subdivision Code and the platting laws of the State of Florida as may be applicable. B. Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a Preliminary Subdivision Plat, if applicable, shall be submitted for the entire area covered by the PUD Master Plan. Any division of property and the development of the land shall be in compliance with Chapter 4, Section 4.03.00 of the Collier County Land Development Code, and the platting laws of the State of Florida. C. The provisions of Chapter 10 of the Collier County Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Chapter prior to the issuance of a building permit or other development order. D. Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedications and method for providing perpetual maintenance of common facilities. E. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Land Development Code Chapter .. 4 Page 2 -2 Agenda Item No. 8D December 13, 2005 Page 83 of 117 2.6 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in the Collier County Land Development Code Section 10.02.13. 2.7 ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE Whenever the developer elects to create land area whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of property within said development in which the common interest is located, that developer entity shall provide appropriate legal instruments for the establishment of a Property Owners Association or another appropriate entity whose function shall include provisions for the perpetual care and maintenance of all common facilities and open space subject further to the provisions of the Collier County Land Development Code, Section 10.01.13.L. 2.8 LANDSCAPE BUFFERS, FENCES AND WALLS Landscape buffers, fences and walls are generally permitted as a principal use throughout the Pine Ridge Mixed Use Center. The following standards shall apply: . A. Landscaping slopes shall have the following maximum side slopes: 1. Grassed slopes 3:1 2. Ground covered slopes 2:1 3. Rip -Rap slopes 2:1 4. Structural walled changes in elevation - vertical The above slopes are maximums and require Staff review and approval of individual applications where such maximum slopes exceed LDC Standards. 2.9 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Pine Ridge Mixed Use Center PUD. A. General Permitted Uses: 1. Essential services as set forth under Collier County Land Development Code Section 2.01.03. 2. Water management facilities and related structures. 3. Temporary construction, sales, and administrative offices for the Developer and Developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses. Page 2 -3 Agenda Item No. 8D December 13, 2005 Page 84 of 117 SECTION III MIXED USE DEVELOPMENT STANDARDS 3.1 PURPOSE The purpose of this Section is to set forth the regulations for the Property designated on Exhibit "A ", PUD Master Plan, as "Mixed- Use ". 3.2 No building or structure, or part thereof, shall be erected, altered or uses, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures: 1. Multi- family 2. Restaurant(s) without a drive through. B. Permitted Accessory Uses and Structures 1. Accessory uses and structures customarily associated with the uses permitted in the above districts. 2. Covered parking structures /garages. 3.3 DEVELOPMENT STANDARDS: A. Lot Area: 10,000 square feet B. Lot Width: 100 feet C. Maximum Buildinq_Height & Setback Requirements: 1. Primary structures: project boundaries: Max. Bldg. Setbacks Requirements Height Front (East) Side (West) Side Rear 25 ft 25 ft 25 ft 25 ft 25 ft 35 ft 25 ft 50 ft 25 ft 50 ft 45 ft 35 ft 75 ft 35 ft 75 ft 2. Setback requirements for primary structures: interior boundaries: the -- greater of 10 feet or half the height of the structure. Page 3 -1 Agenda Item No. 8D December 13, 2005 Page 85 of 117 3. Setback requirements for covered parking and / or garage accessory structures: 15 feet: except from Pine Ridge Road which requires a 20 foot setback. D. Distance Between Principal Structures: A minimum of half the sum of the height of the structures, unless attached, then none. E. Maximum Height of Covered Parking: Twelve (12) feet. F. Minimum Floor Area of Principal Structures: One thousand (1,000) square feet per building on the ground floor. G. Landscaping: As required in the LDC unless specified herein. All trees within buffers adjacent to right -of -way shall be installed with a County Staff approved deep root system. 1. The following buffers are considered to meet or exceed LDC required buffers: a. PUD Type "13.1" Landscaped Buffer: This buffer shall have an overall width of 20 feet. The public sidewalk has been displaced from public right -of -way to within the subject property where practical. This has provided desirable landscaped separation between sidewalk and the roadway curb. The width of the displaced sidewalk is included within the width of this buffer. Tree and hedge installation shall meet the requirements of the LDC Type D buffer. b. PUD Type "B.1" Landscaped Buffer: LDC Type B tree and hedge requirements in addition to a masonry wall /fence or prefabricated concrete wall /fence shall be provided: except that the spacing of the shade trees, shall be 15 feet and the trees shall have a minimum height at installation of 12 feet. C. PUD Type "B.2" Landscaped Buffer is required where the subject property abuts commercially zoned property: LDC Type B tree and hedge requirements in addition to an integrated green or black vinyl coated chain link fence shall be provided: except that the spacing of the shade trees shall be 20 feet and the trees shall have a minimum height at installation of 10 feet. Page 3 -2 Agenda Item No. 8D December 13, 2005 Page 86 of 117 -- 2. In order to facilitate the potential retention of existing trees, no water management or no new lines of continuous utilities shall be developed within the required buffers. H. Landscaping for Off - Street Parking: In order to facilitate the retention of existing trees, rows of parking may contain more than ten (10) parking spaces uninterrupted by a landscaped island provided that an average of ten (10) or less spaces is maintained within the overall development. I. Open Space Requirements: Thirty (30) percent of the acreage of the PUD. This acreage may include the development of open space plaza features inclusive of water elements, and decorative pedestrian walks and seating areas enhanced by landscaping. J. Lighting: The maximum height of parking lot and site lighting fixtures shall be 16 feet and installed and located in a manner so that light shall shielded from residentially zoned area. No neon lighting shall be visible from the exterior of the project. Page 3 -3 SECTION IV DEVELOPMENT COMMITMENTS 4.1 PURPOSE Agenda Item Rio. 8D December 13, 2005 Page 87 of 117 The purpose of this Section is to set forth the development commitments for the development of the project. 4.2 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 applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of the Land Development Code, or successor ordinance, shall apply to this project. The developer, his successor and assigns shall be responsible for the commitments outlined in this document. These developer commitments will be enforced through provisions agreed to be included in the declaration of covenants and restrictions or similar recorded instrument. Such provisions must be enforceable by lot owners against the developer, it successors and assigns, regardless of turnover or not to any property or homeowners' association. The developer, his successor or assignee shall agree to follow the 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 to any successor or assignee in title any commitments within this agreement. 4.3 PUD MASTER PLAN A. Exhibit "A," PUD Master Plan, illustrates the proposed development and is conceptual in nature. Proposed tract or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as at final platting or site development plan application, subject to the provisions of the Land Development Code and amendments as may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas on the Property. 4.4 ENVIRONMENTAL A. This PUD shall be consistent with the Environmental section of the GMP Conservation and Coastal Management Element and the LDC at the time of final development order approval. Page 4 -1 Agenda Item No. 8D December 13, 2005 Page 88 of 117 B. All category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council, shall be removed from within preserve areas and subsequent annual removal of these plants (in perpetuity) shall be the responsibility of the property owner. C. This PUD is required to maintain 10,541 square feet of preserve /mitigation and these areas shall minimally meet the development standards permitted by SDP - 147. D. A Preserve Area Management Plan shall be provided to Environmental Review Staff for approval in the first subsequent application for SDP Amendment or new SDP after approval of this PUD. The Plan shall delineate location of the provided 10,541 square feet of preserve /mitigation and shall identify methods to address treatment of invasive exotic species, fire management, and maintenance. 4.5 TRANSPORTATION A. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FDOT) Manual Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual on Uniform Traffic Control Devises (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. Access points, including both driveways and proposed streets, shown on the PUD Master Plan are considered to be conceptual. Nothing depicted on any such Master Plan shall vest any right of access at any specific point along any property frontage. All such access issues shall be approved or denied during the review of required subsequent site plan or final plat submissions. All such access shall be consistent with the Collier County Access Management Policy (Res. 01 -247), as it may be amended from time to time, and with the Collier County Long -range Transportation Plan. The number of access points constructed may be less than the number depicted on the Master Plan; however, no additional access points shall be considered unless a PUD Amendment is to be processed. D. Site related improvements (as opposed to system - related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first CO. E. Road impact fees shall be paid in accordance with Collier County Ordinance 01- 13, as amended, and Section 6.02.01. of the LDC, as it may be amended. Page 4 -2 Agenda Item No. 8D December 13, 20105 Page 89 of 117 F. All work within Collier County rights -of -way or public easements shall require a Right -of -way Permit. G. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution 01 -247), as it may be amended, and the LDC, as it may be amended. Collier County reserves the right to modify or close any median opening existing at the time of approval of this 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. H. Nothing in any development order shall vest a right of access in excess of a right in /right out condition at any access point. Neither will the existence of a point of ingress, a point of egress or a median opening, nor the lack thereof, shall be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee. 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 County shall have no responsibility for maintenance of any such facilities. J. If any required turn lane improvement requires the use of existing County right -of- way or easement, compensating right -of -way, shall be provided without cost to Collier County as a consequence of such improvement. K. If 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 bome by the developer and shall be paid to Collier County before the issuance of the first CO. L. A sidewalk connection will be made from Castello Drive to the sidewalk at the handicap parking area. 4.6 MONITORING REPORT AND SUNSET PROVISIONS A. The Pine Ridge Mixed Use Center PUD shall be subject to the Sunset Provisions of Chapter 10, Section 10.02.13.D of the Land Development Code. B. Monitoring Report: An annual monitoring report shall be submitted pursuant To Chapter 10, Section 10.02.13.D of the Collier County Land Development Code. 4.7 POLLING PLACES Pursuant to Chapter 4, Section 4.07.06, Provision of Polling Places, of the Land Development Code, provision shall be made for the future use of building space within common areas (if provided) for the purposes of accommodating the function of an electoral polling place. Page 4 -3 Agenda Item No. 8D December 13, 2005 Page 90 of 117 An agreement recorded in the official records of the Clerk of Circuit Court of Collier County, which shall be binding upon any and all successors in interest that acquire ownership of such common areas including, but not limited to, condominium associations, homeowners associations, or tenants associations. This agreement shall provide for said common facility to be used for a polling place if determined to be necessary by the Supervisor of Elections. Page 4-4 ptf>r-- 00 Cl CD ON Z i.j 0 E ` oz -a Q = U m m LJS� d VO!/07! 53ldVN nascn uwaw aan .-- 116f'IO.IJYIf pJ ( ^Opnb4a na-tx/u Wr•pr iyYew OYOYi]0!d MI a cDtkc valum( 'SwdvK Y ums iAMO OTIif a CCIC '.]M 841dYM JO MI OMYYO „V, 11 &tHX3 > a��ncwr3dr�satrlawsase +vasa•sum�aoitrnnao g o ®®rmd U=vx ., and and HSn 3 I RI d Wa 031 VH0dM00NI1N3Wd073A30 9N/NNN7d wsrn r �...� z >' Q I IL > Q.� z a� wrno y z ozW <ajO c °aZm c�rm� zn �d � �^� a JNlalifl8 3JVaO1S dl3S .1a015-Illf1W 4' v O CTO 0- v< Q I w C ��, W if �HU Z i 1W-r Rq vir <a Nix I w m° f mqu� 4R5 W � F ` w E W NZ F p, 2Y j °o lVloa3wwo0 o `> a C7 MdO13A3aNn p, W O U i O Z W 5 z z z d3jinG 3dVDSGNV1 ,Z'S. and 'ij Sl < O C V q tl y 0 I F J U ozid N OIL Lo i LLJ zMJ U i Q > < 6 < �O1 #O� W. Paz I �aaLp i o F- ® Z Q i m p ° d LLJ W qp V 1 N u • Z Z �..�..� O C/1 J z ^ Z l`(JJnU, H ' 1 �x cn W cn w O M Oz lip I rn � - jj0n�j nnn a OU u (uJl w O O _- ' 2l3jjf16 3dV350N4'l „Z'8„ Ofld Lj Sl (11L Q o z _t ! o lOIa1SIa ONINOZ IVIOa3WWOO t-O �� L) N31N30 ONIddOHS 30Vld NVOI'13d I o U) a 7 Q � U X Q 0) � QG N Q O II 00 N O ° o vio 0 a � rn r7 2 W 2 H Z w a w � ¢ Q U W Q W W O w � � w � � O W d a to U K O Agenda Item Rio. 8D December 13, 2005 Page 92 of 117 EXHIBIT "A" PINE RIDGE MIXED -USE CENTER A Planned Unit Development REGULATION AND SUPPORTING MASTER PLAN GOVERNING PINE RIDGE MIXED -USE CENTER. A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE Prepared For: Grand Inn of Naples, Inc'. ' 1100 Pine Ridge Road Naples, Florida 34103 PREPARED BY: Michael R. Fernandez, AICP 400 TAI 1L NORT -14, S4 U€ 230 NAPLES, FLORIDA 4496-4 (84 °) 5 a. Planning Development Incorporated' Castello Drive Suite 2. Naples, Florida 34103 239.263.6934 l 239.263.6981 fax PDI MRF (5- aol.corn' ORIGINAL DOCUMENT DATE 03/18/05 REVISION DATE 06 -24 -05 DATE FILED DATE REVIEWED BY CCPC 11117/05 DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL TABLE OF CONTENTS Agenda Item No. 8D December 13, 2005 Page 93 of 117 PAGE THRU PAGE LIST OF EXHIBITS AND TABLES iii STATEMENT OF COMPLIANCE iv SECTION I PROPERTY OWNERSHIP & DESCRIPTION II PROJECT DEVELOPMENT III MIXED -USE DEVELOPMENT COMMITMENTS IV DEVELOPMENT COMMITMENTS, v 1 -1 1 -3 2 -1 21-42 =3 3 -1 3 -3 4 -1 4 -2 LIST OF EXHIBITS AND TABLES EXHIBIT "A" PUD Master Plan EXHIBIT "B" Location Map TABLE I Land Use Table Page ii Agenda Item No. 8D December 13, 2005 Page 94 of 117 STATEMENT OF COMPLIANCE The development of approximately 4.02 acres of property in Collier County, as a Planned Unit Development to be known as Pine Ridge Mixed Use Center will be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan. The mixed -use residential and commercial development of Pine Ridge Mixed Use Center will be consistent with applicable comprehensive planning objectives of each of the elements of the Growth Management Plan for the following reasons: 1. The subject property is located in an area identified as an Activity Center in the Growth Management Plan for Collier County. 2. Activity Centers are the preferred locations for the concentration of commercial, high density residential and mixed -use development activities. 3. The subject property is located on Pine Ridge Road with the main access to the development aligned with a directional median serving the subject property and a secondary and minor access from the south off of Castello Drive. This strategic location allows the site superior access for the placement of mixed -use activities. 4. The project development utilizes creative land use planning consistent with Policy 5.3 of the Future Lane Use Element.' 5. The project development is consistent with Policy 5.3 for the reason that it minimizes the cost of community facilities by confining urban intensity development to areas designated as Urban. The project is compatible with `adjacent land uses through' the internal arrangement of structures, the placement of landscape buffers, and the proposed development standards contained herein. 6. The project development is a mixed -use development and utilizes innovative land development techniques consistent with Policy 5.6 of the Future Land Use Element. 7. The ;. project development provides interconnection to adjacent local streets consistent with Policy 7.3 of the Future Land Use Element. ............................. 8. The proposed residential density of 14 units per acre is consistent with the Mixed Use Activity Center Subdistrict which provides for mixed use development with up to 16 units per gross acre. Subject Property Area is 4.02 acres x 14 units per acre = 56 dwelling units maximum. 9. The project will be served by a complete range of services and utilities as approved by the County. Water and sewer utilities are provided by the City of Naples. 10. All final local development orders for this project are subject to the Collier County Adequate Public Facilities Ordinance. Page iv Agenda Item No. 8D December 13, 2005 Page 95 of 117 Page v 1.1 1.2 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION PURPOSE Agenda Item No. 8D December 13, 2005 Page 96 of 117 The purpose of this section is to set forth the location and ownership of property, and to describe the existing conditions of the property proposed to be developed under the project name of Pine Ridge Mixed Use Center. LEGAL DESCRIPTION The subject property being 4.02± acres, is described as: A lot or parcel of land lying in Lot 51, NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS according to map thereof recorded in Plat Book 2, at Page 2, of the Public Records of Collier County, Florida, which lot or parcel is described as follows: Commence at the Northwest corner of Section 15, Township 49 South, Range 25 East, run Easterly along the North line of said section 662.3 feet; thence run Southerly for 15 feet to the Northwest corner of the East half (E1 /2) of West half (W1 /2) of said lot 51 to the point of beginning: thence run South along the West line of said East half (E1 /2) of the West half (W1 /2) for 316.5 feet more or less to the South line of said lot 51: thence run East along said South line for 150 feet; thence run North parallel to said West line of the East half (E1/2) of the West half (W1 /2) for 316.5 feet more or less to a point on the North line of said Lot 51 thence run West along said North line for 150 feet to the point of beginning: being West 150 feet of said East half (E1 /2) of the West half (W1 /2) of Lot 51, less and except the North 10' thereof. East 150 feet of the West 300 feet of the East half (E1 /2) of the West (W12) of Lot 51, NAPLES IMPROVEMENT COMPANY'S LITTLE FARM, a Subdivision according to the Plat thereof, as recorded in Plat Book 2, at Page 2, in the Public Records of Collier County, Florida, less and except the Northerly 15' thereof. A lot or parcel of land lying in Lot 51, NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS according to a map or plat thereof as recorded in Plat Book 2, at Page 2, of the Public Records of Collier County, Florida, which lot or parcel is described as follows: From the Northwest corner of Section 15, Township 49 South, Range 25 East, run Easterly along the North line of said section for 662.3 feet: thence run Southerly for 15 feet to the Northwest corner of the East half (E1/2) of the West half (W1 /2) of said Lot 51 thence run Easterly along the North line of said Lot 51 for 375 feet to the point of beginning of the lands hereby conveyed. From said point of beginning run South, parallel to the West line of said East half (E1 /2) of the West (W1 /2) for 316.5 feet more or less to the South line of said Lot 51 thence run East along said South line for 75 feet, thence run parallel to said West line of the East half (E1 /2) of the West half (W1 /2) for 316.5 feet more or less to a point on the North line of said Lot 51: thence run West along said North Page 1 -1 Agenda Item No. 8D December 13, 2005 Page 97 of 117 line for 75 feet to the point of beginning, being the East 75 feet of the West 450 feet of said East half (E1 /2) of the West half (W1/2) of Lot 51. South 105 feet of the East 125 feet of the West 1/2 of Lot 51, NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS as recorded in Plat Book 2, Page 2, Public Records of Collier County, Florida. East half (E1/2) of the West half (W1 /2) except the East 125 feet and except the West 450 feet of Lot 51 less the North 15 feet for right -of -way, Lot 51 NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS as recorded in Plat Book 2, at Page 2, Public Records of Collier County, Florida. East 75 feet of the West 375 feet of the East half (E1/2) of the West half (W1/2) of Lot 51 less the North 15 feet for right -of -way, NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS as recorded in Plat Book 2, at Page 2, Public Records of Collier County, Florida. 1.3 PROPERTY OWNERSHIP The Property is owned by Grand Inn of Naples, Inc., Michael Kessous (contact) and is hereinafter called "applicant or developer ". 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The property is located in Section 15, Township 49 South, Range 25 East. The Property consists of approximately 4.02 acres and is located approximately 740 feet from the southeast corner of U.S. 41 and Pine Ridge Road and off and south of Pine Ridge Road. The Property currently supports a 105 -room hotel, an 8,000± square foot restaurant and approximately 30% or 1.2 acres of open space. B. The zoning classification of the Property prior to the date of this approved PUD Document was PUD. 1.5 PHYSICAL DESCRIPTION The Property has the following designation relative to flood — FEMA FIRM Flood Zone X: area of 500 -year flood or area of 100 -year flood with expected average depth of less than 1 foot: and areas protected by levees from 100 -year flood. Community -Panel Number 120067 0383 E: Map Revised August 3, 1992. 1.6 PROJECT DESCRIPTION Pine Ridge Mixed Use Center is a proposed mixed -use center, which will support a maximum intensity of development not to exceed commercial square footage of 10,000 square feet and 14 residential dwelling units per acre. This- inteRsIty will sWpp944--. Page 1 -2 Agenda Item No. 8D December 13, 2005 Page 98 of 117 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Pine Ridge Mixed Use Center Planned Unit Development Ordinance." Page 1-3 SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE Agenda Item No. 8D December 13, 2005 Page 99 of 117 The purpose of this Section is to delineate and generally describe the project's plan of development, relationships to applicable County ordinances and other project relationships. 2.2 GENERAL A. Regulations for development of Pine Ridge , Mixed Use Center shall be in accordance with the contents of this document, PUD- Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code (LDC) and Growth Management Plan (GMP) in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements, such as but not limited to Final Subdivision Plat (if required), 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. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. C. All conditions imposed and all graphic material presented depicting restrictions for the development of Pine Ridge Mixed Use Center shall become part of the regulations which govern the manner in which the PUD site may be developed. D. Unless modified, waived or excepted by this PUD document or associated exhibits, the provisions of other land development codes where applicable remain in full force and effect with respect to the development of the land which comprises this PUD. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Chapter 6, Section 6.02.00 Adequate Public Facilities of the Land Development code at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan, including access locations, is illustrated graphically by Exhibit "A" PUD Master Plan. There shall be one (1) general mixed -use tract. Page 2 -1 2.4 2.5 Agenda Item No. 8D December 13, 2005 Page 100 of 117 TABLE I: PINE RIDGE MIXED USE CENTER ESTIMATED LAND USE SUMMARY TYPE UNITS' /SQUARE FOOTAGE ACREAGE MIXED USE 56 multi - family units 4.02± Commercial /Restaurant 10,000 Exhibit "A" is a PUD Master Plan and is an illustrative preliminary development plan. Design criteria and layout illustrated on this supporting exhibit shall be understood to be flexible so that final design may satisfy development objectives and be consistent with the Project Development, as set forth in this document. DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE A mixed use center with a maximum intensity of development which shall not exceed -o# 56 multi- family units and 10,000± square feet maximum of commercial /restaurant. The gross project area is 4.02± acres. RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to the recording of a Record Plat, and/or Condominium Plat for all or part of the PUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the PUD Master Plan, the Collier County Subdivision Code and the platting laws of the State of Florida as may be applicable. B. Exhibit "A ", PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a Preliminary Subdivision Plat, if applicable, shall be submitted for the entire area covered by the PUD Master Plan. Any division of property and the development of the land shall be in compliance with Chapter 4, Section 4.03.00 of the Collier County Land Development Code, and the platting laws of the State of Florida. C. The provisions of Chapter 10 of the Collier County Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Chapter prior to the issuance of a building permit or other development order. D. Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedications and method for providing perpetual maintenance of common facilities. Page 2 -2 Agenda Item No. 8D December 13, 2005 Page 101 of 117 E. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Land Development Code Chapter 4. 2.6 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in the Collier County Land Development Code Section 10.02.13. 2.7 ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE Whenever the developer elects to create land area whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of property within said development in which the common interest is located, that developer entity shall provide appropriate legal instruments for the establishment of a Property Owners Association or another appropriate entity whose function shall include provisions for the perpetual care and maintenance of all common facilities and open space subject further to the provisions of the Collier County Land Development Code,Section 10.01.13. L. 2.8 LANDSCAPE BUFFERS, FENCES AND WALLS Landscape buffers, fences and walls are generally permitted as a principal use throughout the Pine Ridge Mixed Use Center. The following standards shall apply: A. Landscaping slopes shall have the following maximum side slopes: 1. Grassed slopes 3:1 2. Ground covered slopes 2:1 3. Rip -Rap slopes 2:1 4. Structural walled changes in elevation - vertical The above slopes are maximums and require Staff review and approval of individual applications where such maximum slopes exceed LDC Standards. 2.9 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Pine Ridge Mixed Use Center PUD. A. General Permitted Uses: 1. Essential services as set forth under Collier County Land Development Code Section 2.01.03. 2. Water management facilities and related structures. 3. Temporary construction, sales, and administrative offices for the Developer and Developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses. Page 2 -3 4. 2.8. &-. compatible. structures: Page 2-4 Agenda Item No. 8D December 13, 2005 Page 102 of 117 Agenda Item No. 8D December 13, 2005 Page 103 of 117 SECTION III MIXED USE DEVELOPMENT STANDARDS 3.1 PURPOSE The purpose of this Section is to set forth the regulations for the Property designated on Exhibit "A ", PUD Master Plan, as "Mixed- Use ". 3.2 No building or structure, or part thereof, shall be erected, altered or uses, or land or water used, in whole or in part, for other than the following: 3.3 A. Permitted Principal Uses and Structures: 1. Multi- family 2. Restaurant(s) without a drive through. B. Permitted Accessory Uses and Structures 1. Accessory uses and structures customarily associated with the uses permitted in the above districts. 2. Covered parking structures /garages. DEVELOPMENT STANDARDS: A. Lot Area: 10,000 square feet B. Lot Width: 100 feet C. Maximum Building Height & Setback Requirements: 1. Primary structures: project boundaries: Max. Bldg. Setbacks Requirements Height Front (East) Side (West) Side Rear 25 ft 25 ft 25 ft 25 ft 25 ft 35 ft 25 ft 50 ft 25 ft 50 ft 45 ft 35 ft 75 ft 35 ft 75 ft Page 3 -1 Agenda Item No. 8D December 13, 2005 Page 104 of 117 2. Setback requirements for primary structures: interior boundaries: the greater of 10 feet or half the height of the structure. 3. Setback requirements for covered parking and / or "'garage accessory structures: 15 feet: except from Pine Ridge Road which requires a 20 foot setback. D. Distance Between Principal Structures: A minimum of half the sum of the height of the structures, unless attached, then none. E. Maximum Height of Covered Parking: Twelve (12) feet. F. Minimum Floor Area of Principal Structures: One thousand (1,000) square feet per building on the ground floor. G. Landscaping: As required in the LDC unless specified herein. All trees within buffers adjacent to right -of -way shall be installed with a County Staff approved deep root system. 1. The following buffers are considered to meet or exceed LDC required buffers: a. PUD Type "D.1" Landscaped Buffer: This buffer shall have an overall width of 20 feet. The public sidewalk has been displaced from public right -of -way to within the subject property where practical. This has provided desirable' landscaped separation between sidewalk and the roadway curb. The width of the displaced sidewalk is included within the width of this buffer. Tree and hedge installation shall meet the requirements of the LDC Type D buffer. b. PUD Type "B.1" Landscaped Buffer: LDC Type B tree and hedge requirements in addition to a masonry wall /fence or prefabricated concrete wall /fence shall be provided: except that the spacing of the shade trees, shall be 15 feet and the trees shall have a minimum height at installation of 12 feet. C. PUD Type "B.2" Landscaped Buffer is required where the subject property abuts commercially zoned property: LDC Type B tree and hedge requirements in addition to an integrated green or black vinyl coated chain link fence shall be provided: except that the spacing of the shade treesshall be 20 feet and the trees shall have a minimum height at installation of 10 feet. Page 3 -2 W J 2. In order to facilitate the management or no new within the required buffers. Agenda Item No. 8D December 13, 20015 Page 105 of 117 potential retention of existing trees, no water lines of continuous utilities shall be developed Landscaping for Off - Street Parking: In order to facilitate the retention of existing trees, rows of parking may contain more than ten (10) parking spaces uninterrupted by a landscaped island provided that an average of ten (10) or less spaces is maintained within the overall development. Open Space Requirements: Thirty (30) percent of the acreage of the PUD. This acreage may include the development of open space plaza features inclusive of water elements, and decorative pedestrian walks and seating areas enhanced by landscaping. Lighting: The maximum height of parking lot and site lighting fixtures shall be 16 feet and installed and located in a manner so that light shall shielded from residentially zoned area. No neon lighting shall be visible from the exterior of the project. Page 3 -3 SECTION IV DEVELOPMENT COMMITMENTS 4.1 PURPOSE Agenda Item No. 8D December 13, 2005 Page 106 of 117 The purpose of this Section is to set forth the development commitments for the development of the project. 4.2 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 applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of the Land Development Code, or successor ordinance, 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 follow the 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 to any successor or assignee in title any commitments within this agreement. 4.3 PUD MASTER PLAN A. Exhibit "A ", PUD Master Plan, illustrates the proposed development and is conceptual in nature. Proposed tract or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as at final platting or site development plan application, subject to the provisions of the Land Development Code and amendments as may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas on the Property. 4.4 ENVIRONMENTAL A. This PUD shall be ; consistent with the Environmental section of the GMP Conservation and Coastal Management Element and the LDC at the time of final development order approval. B. All category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council, shall be removed from' within preserve areas and subsequent annual removal of these plants (in perpetuity) shall be the responsibility of the property owner. Page 4 -1 Agenda Item No. 8D December 13, 2005 Page 107 of 117 C. This PUD is required to maintain 10,541 square feet of preserve /mitigation and these areas shall minimally meet the development standards permitted by SDP- 147. D. A Preserve Area Management Environmental Review Staff for approval for SDP Amendment or new SDP after delineate location of the provided 10,541 shall identify methods to address treal management, and maintenance. ,5 TRANSPORTATION Plan shall be provided to in the first subsequent application approval of this PUD. The Plan shall square feet( of preserve /mitigation and :ment of invasive exotic species, fire A. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FDOT) Manual Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual on Uniform Traffic Control' Devises (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. Access points, including both_driveways and proposed streets, shown on the PUD Master Plan are considered to be conceptual. Nothing depicted on any such Master Plan shall vest any right of access at any specific point along any propert y frontage. All such access issues shall be approved or denied during the review of required subsequent site plan or final plat submissions. All such access shall be consistent with the Collier County Access Management Policy (Res. 01- 247)," as it may be amended from time to time, and with the Collier County Long -range Transportation Plan. The number of access points constructed may be less than the number depicted on the Master Plan; however, no additional access points shall be considered unless a PUD Amendment is to be processed. D. Site related improvements (as opposed to system - related improvements) necessary for safe ingress and egress to this proiect, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements' shall be in place and available to the public prior to the issuance of the first CO'. E. Road impact fees shall be paid in accordance with Collier County Ordinance 01- 13, as amended, and Division 3.15.LDC, as it may be amended. F. All work within Collier County rights -of -way or public easements shall require a Right -of -way Permit. G. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution 01- 247), as it may be amended, and the LDC, as it may be amended. Collier County reserves the right to modify Page 4 -2 Agenda Item No. 8D December 13, 2005 Page 108 of 117 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.' H. Nothing in any development order shall vest a right of access in excess of a right in /right out condition at any access point. Neither will the existence of a »point of ingress a'point of egress or a median opening, nor the lack thereof, shall be the basis for any future `cause of action for damages against the County by the J. If any required turn lane imprc way or easement, compensa Collier Countv as a conseguei nent reauires the use of existing Count right' -of -way, shall be provided withou K. If 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. L. A sidewalk connection will be made from Castello Drive to the sidewalk at the handicap 'parking area. 4.6 MONITORING REPORT AND SUNSET PROVISIONS A. The Pine Ridge Mixed Use Center PUD shall be subject to the Sunset Provisions of Chapter 10, Section 10.02.13.D of the Land Development Code. B. Monitoring Report: An annual monitoring report shall be submitted pursuant To Chapter 10, Section 10.0213.D of the Collier County Land Development Code. 4.5 TPJAW212ORTATIONI T, A. County. 4.7 B. '' C. POLLING PLACES Pursuant to Chapter'' 4 Section' 4.07.06 Provision of Polling Places, of the Land Development Code, provision shall be made for the future use of building space within common areas (if provided) for the purposes of accommodating the function of an electoral polling place. An agreement recorded in the official records of the Clerk of Circuit Court of Collier County, which shall be binding upon any and all successors in interest that acquire Page 4 -3 ownership of such common areas associations, homeowners associations, provide for said common facility to be necessary by the Supervisor of Elections. 4 _. submittal. 4.2 4 9- Agenda Item No. 8D December 13, 2005 Page 109 of 117 including, but not limited to, condominium or tenants associations. This agreement shall used for a polling place if determined to be Page 4 -4 SENT 9Y: PLANNING CEVELOPMEN7 INCORPORAT; 239 283 8934; NOV -iC -05 5:20Pt1; PAGE 2 Agenda Item No. 8D December 13, 2005 Page 110 at 117 LETTER OF AUTHORIZATION i The undersigned do hereby swear or affum that they are the foe simple title holders sad owns of record of property which is one (the hotel unit) of two condominium units within the existing PUD. This condominitun pwcci is timber described as: SEE ATTACHED EXHIBIT "I3" TFw ur4orsignod abo do hamby swan or attiran that they hold oonpvUing ittoemst in the balance of the project parcel described in Exhibit "A" and which is the petition proposed, lu be known as ai�alr A[Luri fhs MPUD" SFF.. ATTACHED F.XHMrr "A" This entire property described by Exhibit "A" is the sukiect of an application for a Mixed -Use planned Unit Development (MPUD) Anemdta nt and associated subsegea4 dovelopownt ordow wthin Collier County. We hereby dies; gawe Plamnlw Demrlssne" IrutseroroW / Afidm el' Z Fertsarsasla A" as the )eW representative of the property & aibed in EYitt' bit "A" and as wcb. than bwav ho M autLaized to legally bind all owners of file property in the oowu of seeking the necessary approve lop this site as proposal. � l✓ t � �LEident GRAND OF N L'�LC. STATE OF _ COUNTY OF ,,�/ Swarm (or and subscribed before nee this Id-day of _ b-orti&hLa 2005 by who is personally known to t produced as ' ifigtion. .5,.0.r vurk* PATRICIA STEVEN'S Nudely "It .w MY MMMI^ ,ION a DD ^_274 SEAL' My Commission hXp crsl °` EXP;FlES; Dea;mbei 3, 3007 �7/� 1.E M0TVIY 11 ry1,,,- ACP: Co. i r 11 'R C A � \ZEN Name typed, printed or stmmpW GRAND LNN OF NAPLES, OR; 3389 PG; A CONDOMINFUM LEGAL DESCRIP'T'ION PARCEL I A LOT OR PARCEL OF LAND LYrNG IN LOT S 1, NAPI,ES IMPROVEMENT COMPANY'S LITTLE FARMS, ACCORDING TO A MAP THEREOF RECORDED M PIAT BOOK 2. AT PAGE 2, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, WHICH LOT OR PARCEL IS DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SECTION I S. TOWNSHIP 49 SOUTH. RANGE 23 EAST. RUN EASTERLY ALONO THE NORTH LINE OF SAID SECTION 662.3 FEET; THENCE RUN SOUTHERLY FOR 13 FEET TO THE NORTHWEST CORNER OF THE EAST HALF (F 112) OF WEST HALF (W 1(2) OF SAID LOT 51 TO THE POINT OF BEGINNING; THENCE RUN SOUTH ALONG THE WEST LINE OF SAID EAST HALF (E 112) OF THE WEST HALF (W 1121 FOR 3 16.5 FEET MORE OR LESS TO THE SOUTH LINE OF SAID LOT 31; THENCE AUN EAST ALONG SAID SOUTH LINE FOR 150 FEET; THENCE RUN NORTH PARALLEL TO SAID WEST LNE OF THE EAST HALF (E 112) OF THE WEST HALF (W 112) FOR ) 16.3 FEET MORE OR LESS TO A POINT ON THE NORTH LNE OF SAID LOT 51;THENCE RUN WEST ALONG SAID NORTH LINE FOR 150 FEET TO THE POINT OF BEGINNING: BETNG WEST 150 FEET OF SAID EAST HALF (E 112) OF I E WEST HALF (W 1R) OF LOT 31. LESS AND EXCEPT THE NORTH 10' THEREOF. t6RCEL 2 EAST 150 FEET OF THE WEST 300 FEET OF THE EAST HALF (E t/2) OF THE WEST (W 112) OF LOT S I, NAPLES IMPROVEMENT COMPANY'S UTT.E FARMS. A SUBDMSION ACCORDNG TO THE PLAT THEREOF. AS RECORDED rN PLAT BOOK 2. AT PAGE L rN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORJDA, LESS AND EXCEPT THE NORTHERLY 15' THEREOF. A LOT OR PARCEL OF LAND LYTNO N LOT 31, NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS, ACCORDING TO A MAP OR PLAT THEREOF AS RECORDED N PLAT BOOK L AT PAGE 2, OF THE PUBUC RECORDS OF COLLIER COUNTY, FLORIDA. WHICH LOT OR PARCEL IS DESCRIBED AS FOLt,OWS: FROM THE NORTHWEST CORNER OF SECTION 15, TOWNSHIP 49 SOVTK WOE 23 EAST, RUN EASTERLY ALONO THE NORTH UNE OF SAID SECTION 662.7 FEET; THENCE RUN SOUTTIERLY FOR 15 FEET TO THE NORTHWEST CORNER OF THE FAST HALF (E 112) OF WEST HALF (W 112) OF SAID LOT S 1, THENCE RUN EASTERLY ALONG THE NORTTI LINE OF SAID LOT SI FOR 375 FEET TO THE POINT OF BEGINNING OF THE LANDS HEREBY CONVI?YED. FROM SAID POINT OF BEONNNO RUN SOUTH, PARALLEL TO THE WEST LINE OF SAJD EAST HALF (E 112) OF THE WEST (W 112) FOR )16.5 FEET MORE OR LESS TO THE SOUTH LINE OF SAID LOT 51, THENCE RUN EAST ALONO SAID SOUTH LNE FOR 73 FEET; TIMNCE RUN PARALLEL TO SAID WEST UNE OF THE EAST HALF (E 112) OF THY WEST HALF (W 112) FOR 316.5 FEET MORE OR LESS TO A POINT ON TIRE NORTH LINE OF SAID LOT 51; THENCE RUN WEST ALONG SAID NORTH LNE FOR 75 FEET TO THE POINT OF BEGINNING: BEING THE EAST 73 FEET OF THE WEST 430 FEET OF SAID EAST HALF (E 112) OF THE WEST I V LF (W IR) OF LOT 51. PARCEL4 SOUTH 105 FEET OF THE EAST 123 FEET OF THE WEST 112 OF LOT 31, NAPLES IMPROVEMENT COMPANY'S, LITTLE FARMS AS RECORDED N PUT BOOK 2, PAGE 2, PUBLIC RECORDS OF COLUER COUNTY, FLORJDA, PARCEL 5 TIT EAST HALF (If2) OF TIM WEST HALF (11I) EXCEPT THE EAST 125 FEET AND EXCEPT TWE WEST 450 FEET, OF LOT 51 LESS THE NORTH IS FEET FOR R)GH7-0F•WAY, LOT S 1, NAPLES rMPROVEMENT COMPANY S LITTLE FAAMS AS RECORDED N PLAT BOOK 2, AT PAGE 2, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, EAST 75 FEET OF THE WEST 375 FEET OF THE EAST HALF (E I OF THE WEST HALF (W 112) OF LOT 51 LESS THE NORTH 15 FEET FOR RJOHTOF•WAY. NAPLES IMPROVEMENT COMPANYS LITTLE FARMS AS RECORDED N PLAT BOOK 2, AT PAGE 2, PUBUC RECORDS OF COLLIER COUNTY, FLORIDA. EXHIBIT "A" Agenda Item No. 8D lc tuber 13, 2005 i age 111 of 117 i _ N w , Gill 1 I a J! i cn o r >ws V - =�n erbe e•o►•e z�s •_� 11 � w 1 6 I • � j1 r•• i Vr.rrrrA� OR; 3389 PG; y y F la ..nw, rwr r w r-r t.s w w wN OR r, IN N J t i l n .attwrKc: Iwo Lt j \�L A rKs,walnr/gtNN 14 "Agai I t y , I 1 � I ( • I af wx 9 MIX I= i • AK�µW I��yq lw MK 11 � A ' t( ~ r =, - - - - - -- ,Ret+rxwrwrowr - - -- -; - i • wit w to t 1N Y Z i I• - - ---------- ?xlA - - -- t— �i I � I I `I a• ►teM'*No. 6u nber 13, 2£705 be 112 of 117 �z �d OR �o. oil - SR1l7m Mr/li/ (1Q Tt I i V t ,i z 1;i :&W.W'.T. mcWor u�rrwrrwraNrrr i IlIfJOtlL' Mtl • N / M. y-+fVIN I a• ►teM'*No. 6u nber 13, 2£705 be 112 of 117 �z �d OR �o. oil BBLS SURVEYORS & MAPPERS INC. 1502 -A RAILHEAD BLVD. NAPLES, FLORIDA 34110 TELEPHONE: (239) 597 -1315 FAX: (239) 597 -5207 GRAND INN OF NAPLES, A CONDOMINIUM HOTEL UNIT - LEGAL DESCRIPTION Agenda Item No. 8D OR; 3389 PG;'Iyt; 113 of 117 A PARCEL OF LAND LOCATED IN A PORTION OF THE EAST 1/2 OF THE WEST 1/2 OF LOT 51, NAPLES IMPROVEMENT COMPANY'S LITTLE FARM, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 2, AT PAGE 2, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMN ENCE AT THE NORTHWEST CORNER OF THE EAST 1/2 OF THE WEST 1/2 OF SAID OF LOT 51; THENCE S.00 °19'56 "W. ALONG THE WESTERLY LINE OF THE EAST 1/2 OF THE WEST 1/2 OF SAID LOT 51, A DISTANCE OF 60.55 FEET; THENCE S.90°00'00 "E., A DISTANCE OF 56.63 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE S.90°00'00 "E., A DISTANCE OF 10.90 FEET; THENCE N.45°00'00 "E., A DISTANCE OF 35.06 FEET; THENCE S.45 °00'00 "E., A DISTANCE OF 25.20 FEET; THENCE N.45 °00'00 "E., A DISTANCE OF 13.75 FEET; THENCE S.45°00'00 "E., A DISTANCE OF 15.35 FEET; THENCE N.45 °00'00 "E., A DISTANCE OF 13.10 FEET; THENCE S.45100'00 "E., A DISTANCE OF 3.07 FEET; THENCE N.74 °56'56 "E., A DISTANCE OF 4.35 FEET; THENCE S.45°00'00 "E., A DISTANCE OF 87.79 FEET; THENCE S. 13"59'50"W., A DISTANCE OF 4.40 FEET; THENCE S.45°00'00 "E., A DISTANCE OF 16.30 FEET; THENCE S.45°00% "W., A DISTANCE OF 12.45 FEET; THENCE S.45°00'00 "E., A DISTANCE OF 6.09 FEET; THENCE S.00°00'00 "W., A DISTANCE OF 20.19 FEET; THENCE S.45°00'00 "W., A DISTANCE OF 6.29 FEET; THENCE S.45 °00'00 "E., A DISTANCE OF 12.50 FEET; THENCE S.45°00'00 "W., A DISTANCE OF 16.18 FEET; THENCE S.15 °59'15 "E., A DISTANCE OF 4.35 FEET; THENCE S.45100'00 "W., A DISTANCE OF 90.47 FEET; THENCE N.76 °00'1 0 "E., A DISTANCE OF 4.44 FEET, THENCE S.45000'00 "W., A DISTANCE OF 18.45 FEET; THENCE N.45°00'00 "W., A DISTANCE OF 17.70 FEET; THENCE S.45 °00'00 "W., A DISTANCE OF 8.74 FEET; THENCE N.90 °00'00 "W., A DISTANCE OF 13.99 FEET; THENCE N.45 000'00 "W., A DISTANCE OF 5.59 FEET; THENCE S.45 °00'00 "W., A DISTANCE OF 6.60 FEET; THENCE N.45 °00'00 "W., A DISTANCE OF 28.86 FEET; THENCE N.90°00'00 "W., A DISTANCE OF 10.29 FEET; THENCE N.00 000'00 "E., A DISTANCE OF 177.36 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 0.63 ACRES, MORE OR LESS. SHEET 1 OF 3 Exhibit "B" _ - -- ,., A�erada'lterh•Nc�`.' SEA';'' '•" De r `(3, 2005 OR: 3389 PG: 114 of 117 BEARINGS SHOWN HEREON REFER TO THE NORTH LINE OF THE NORTHWEST 1/4 OF SECTION 15, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AS BEING N.90"00'00"E.. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESMC TONS OF RECORD. P = ATE OF FLORIDA, (L.S. #4760) MAPPERS INC., (L.B. #6753) L . • 550RAND INN HOTEL 07 22 03.lwp SHEET 2 OF 3 Exhibit "B" i r r i r i i t W ;N Ul �! Z` °w z Z Z N m o A�O x 1 r OR: 3389 PGi 607 M 61+9 w "WK/M "rte a to wL u Z �i Qtl4� y 0 M V V 017\ �LIS V ^ .y§ L V 19 107 !0 L/1 1 Sae 3►/1 40 L11 1 SY3 3HJ JO 3#07 A WJ S3M h 'Bag $$ ��n 4�,.0 ��.�.�.•. ^max °+ V V i� R tpG N 31 a V r Exhibit "B" sr 13, 20o5 11 115 of 117 I, �I <o 8U 4! col9 w r Q1 ai oil e� w yj' y Agenda Item No. 8D December 13, 2005 Page 116 of 117 LETTER OF ACKNOWLEDGEMENT & CONFIRMATION OF AUTHORIZATION The undersigned do hereby swear or affirm that they are the fee simple title holders and owners of record of property which is one (the restaurant unit) of two condominium units within the existing PUD. This condominium parcel is further described as: SEE ATTACHED EXHIBIT "A" The undersigned do hereby acknowledge that the other unit is the existing Grand Inn (the hotel unit). This condominium parcel is further described as: SEE ATTACHED EXHIBIT `B" The Grand Inn Hotel is proposed to be converted to residential condominiums and requires the application and approval of the petition proposed to be known as Pine Ridge Mixed -Use MPUD. SEE ATTACHED EXHIBIT "C" The entire property described by Exhibit "C" encumbers both of the above referenced condominium parcels and is the subject of an application for a Mixed -Use Planned Unit Development (MPUD) Amendment and associated subsequent development orders within Collier County. We hereby designate Planning Development Incorporated /Michael R. Fernandez. AICP and Grand Inn of Naples, Inc. /Michael Kessous as the legal representative(s) of the property described as the restaurant condominium parcel and further described in Exhibit "A" and as such, these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop this site as proposed. NAPLES MMR, LLC Authorized Signature John C. Metz As Manager STATE OF - r; d Cc COUNTY OF a ,e& Sworn to (or affirmed) and subscribed before me this 164mda of Po"t" 6'' , 2005 by -:71 k n C . /h ?- it Z. who is Bona y sown to m r who has produced as identification. W- / 911A-L� ( J`- �l �'j'� Notary Public SEAL My Commission Expires: -DI e-bbl Z . �i� ss t Glass Name typed, printed or stamped �M commwsion D0294921 of EYNM AprN 18, 2008 Ager2ua item a. December 13, 2005 OR: 3369 NNW of „' NNW BBLS SURVEYORS do MAPPERS INC. 1502 -A RAILHEAD BLVD. NAPLES, FLORIDA 34110 TELEPHONE: (239) 597 -1315 FAX: (239) 597 -5207 GRAND INN OF NAPLES, A CONDOMINIUM RESTAURANT UNIT LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN A PORTION OF THE EAST 112 OF THE WEST 1/2 OF LOT 51, NAPLES IMPROVEMENT COMPANY'S LITTLE FARM, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 2, AT PAGE 2, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF THE EAST 112 OF THE WEST 112 OF SAID LOT 51; THENCE N.90°00'00"E. ALONG THE NORTHERLY LINE OF SAID LOT 51, A DISTANCE OF 335.05 FEET; THENCE S.00'00'00"W., A DISTANCE OF 80.51 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE S.90000100 "E., A DISTANCE OF 7.60 FEET; THENCE N.00°00'00 "E., A DISTANCE OF 5.20 FEET; THENCE S.90'00'00"E., A DISTANCE OF 12.00 FEET; THENCE S.00'00100 "W., A DISTANCE OF 2.90 FEET; THENCE S.90°00'00 "E., A DISTANCE OF 17.70 FEET; THENCE N.00-WOO-E., A DISTANCE OF 285 FEET; THENCE S.90°00'00 "E., A DISTANCE OF 12.00 FEET; THENCE S.00'00'00 "W., A DISTANCE OF 5.15 FEET; THENCE S.90°00'00 "E., A DISTANCE OF 7.61 FEET; THENCE S.00 °00'00 "W., A DISTANCE OF 13.02 FEET; THENCE S.90'00'00 "E., A DISTANCE OF 0.42 FEET; THENCE S.00'00'00 "W., A DISTANCE OF 22.00 FEET; THENCE S.90°00'00 "E., A DISTANCE OF 3.00 FEET; THENCE S.00°00'00 "W., A DISTANCE OF 29.97 FEET; THENCE N.90°00'00 "W., A DISTANCE OF 3.00 FEET; THENCE S.00°00'00 "W., A DISTANCE OF 8.00 FEET; THENCE S.90'00'00 "E., A DISTANCE OF 3.00 FEET; THENCE S.00 °00'00 "W., A DISTANCE OF 50.72 FEET; THENCE N.90'00'00 "W., A DISTANCE OF 62.10 FEET; THENCE N.00000'00 "E., A DISTANCE OF 110.69 FEET; THENCE S.90'00'00 "E., A DISTANCE OF 1.77 FEET; THENCE N.00°00'00 "E., A DISTANCE OF 13.02 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 0.18 ACRES, MORE OR LESS. BEARINGS SHOWN HEREON REFER TO THE NORTH LINE OF THE NORTHWEST 1/4 OF SECTION 15, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AS BEING N.90'00'00"E.. I SHEET 1 OF 3 EXHIBIT "A" � ; I i irfYL7. •M IIN ,•wAr..rr�s Nr Mr 14 /Room wi , j.�...� .... i Agenda Item No. 8E December 13, 2005 Page 1 of 156 EXECUTIVE SUMMARY PUDZ- 2005 -AR -7299 Community School of Naples, Inc., represented by D. Wayne Arnold, AICP of Q. Grady Minor and Associates, P.A. , and Richard D. Yovanovich, of Goodlette, Coleman and Johnson, requesting a rezone from the Agricultural (A) zoning district to the Residential Planned Unit Development (RPUD) zoning district to allow development of a maximum of 148 single - family, two- family, duplex or multi - family dwelling units in a project to be known as Manchester Square. The subject property, consisting of 36.9± acres is located at 13275 Livingston Road, in Section 12, Township 49 South, Range 25 East, Collier County, Florida. OBJECTIVE: To have the Board of County Commissioners (BCC) consider an application to amend the Manchester Square RPUD 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 seeks a rezone from the Agricultural (A) zoning district to the Residential Planned Unit Development (RPUD) zoning district. The proposed PUD, if approved, will allow development of a maximum of 148 single- family, two - family, duplex or multi- family dwelling units in a project to be known as Manchester Square. The PUD document indicates the project will have one access point serving the project from Livingston Road. The exact alignment of that access point and building placement will be determined at the site development plan (SDP) approval stage. The petitioner is seeking approval of three deviations. FISCAL IMPACT: The PUD amendment, 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 amendment is approved, a portion of the existing land will be developed and the new development will result in an impact on Collier County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain adopted 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 Manchester Square RPUD, PUDZ- 2005 -AR -7299 EXECUTIVE SUMMARY for 12/13/05 Page 1 of 7 Agenda Item No. 8E December 13, 20075 Page 2 of 156 valorem tax rates to applicable properties, and that revenue is directly related to the value of improvements. 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 PLAN IMPACT (GMP): Future Land Use Element: The subject property is designated Urban (Urban Mixed -Use District, Urban Residential Subdistrict) on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, the Urban Mixed -Use District permits a variety of residential and accessory land uses including developments such as Planned Unit Developments. The Density Rating System provides for a base density of 4 dwelling units per acre (DU /A) throughout the Urban Mixed -Use District. No density bonuses are being requested and the site is not subject to density reductions. Accordingly, the subject site is eligible for 4 DU /A. FLUE Policy 7.3 encourages project interconnections. In considering if project interconnections are possible and feasible, one must view the development status of adjacent lands; the approved land uses on adjacent lands; environmental constraints on site and on abutting lands; whether the abutting projects' road systems — approved or built — could accommodate an interconnection; etc. Relevant to the subject site, "A" zoned lands with orange groves lie to the north, Collier County School District Administration Building lies to the west, an FPL easement and Livingston Road right -of -way lies to the east, and Osceola Trail Boulevard and Community School of Naples lies to the south. Access to the subject site will be provided from Livingston Road. A "potential access point" from the subject site south to Osceola Trail Boulevard has also been identified on the PUD Master Concept Plan. Staff would encourage that this connection be made, however the roadway is controlled by the Collier County School District and that entity is unwilling to allow access from this roadway. The connection to the School Board property to the west is constrained by preserve areas on the school property; however, the southerly connection to Osceola Trail Boulevard would have provided the subject site with access to the School Board site if the subject site had access to Osceola Trail Boulevard. A connection should also be considered for the "A" lands to the north — it appears as though a future interconnection is possible and appropriate. FLUE Policy 5.4 requires new land uses to be compatible with the surrounding area. Zoning staff believes this project will be compatible with the surrounding area. Transportation Element: Transportation Planning staff has reviewed this petition's Traffic Impact Statement (TIS) and the PUD document to ensure the PUD document contains the appropriate language to address this project's potential traffic impacts and to offer a recommendation regarding GMP Transportation Element, Policies 5.1 and 5.2. Those policies require the review of all rezone requests with consideration of its impact on the overall transportation system and specifically notes that the County should not approve any request that significantly impacts a roadway segment already operating and /or projected to operate at an Manchester Square RPUD, PUDZ- 2005 -AR -7299 EXECUTIVE SUMMARY for 12/13/05 Page 2 of 7 Agenda Item No. 8E December 13, 2005 Page 3 of 156 unacceptable Level of Service (LOS) within the five -year planning period unless specific mitigating stipulations are approved. Traffic analyses to determine significant project impact use the following criteria to determine the study area: a. On links (roadway segments) directly accessed by the project where project traffic is equal to or exceeds 3 percent of the adopted LOS standard service volume; b. For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds 3 percent of the adopted LOS standard service volume; C. For all other links the project traffic is considered to be significant up to the point where it is equal to or exceeds 5 percent of the adopted LOS standard service volume. "Project traffic that is less than I percent of the adopted peak hour service volume represents a de minimis impact." Upon review of rezone petition PUDZ - 2005 -AR -7299, staff recommends approval based on the following facts: The proposed development is for 148 multi - family residential units. Transportation staff has conducted the consistency analysis for the proposed PUDZ, and the TIS for this petition projects a net external maximum of 83 PM peak hour trips. The highest percent of service volumes impacted are as follows: Project Directional Distribution PERCENT PERCENT PM OF ROAD FROM TO OF PEAK CAPACITY SEGMENT PROJECT HOUR AT VOLUME VOLUME ADOPTED LOS Livingston Road Pine Ridge Road Vanderbilt Beach Road 55 30 0.67 Livingston Road Golden Gate Pkwy, Pine Ridge Road 15 8 0.24 Pine Ridge Road Airport Road 1 -75 20 11 0.24 All of the above segments are projected to operate at an acceptable level of service within the five -year planning period. Therefore, this petition is consistent with Policy 5.1. GMP Conclusion: The Growth Management Plan is the prevailing document to support land use decisions such as this proposed rezoning to PUD. Staff is required to make a recommendation regarding a finding of consistency or inconsistency with the overall GMP as part of the recommendation for approval, approval with conditions, or denial of any rezoning petition. The Future Land Use Element designation is a portion of the overall finding that is required. The proposed uses are consistent with the property's future land use designation as indicated previously in the GMP discussion. The proposed rezone proposes uses and densities that are compatible with the neighborhood. The proposed rezone is also consistent with GMP Transportation Element Policy 5.1. Based upon the above analysis, staff concludes the proposed uses and density may be deemed consistent with the goals, objective and policies of the overall GMP. Manchester Square RPUD, PUDZ- 2005 -AR -7299 EXECUTIVE SUMMARY for 12/13/05 Page 3 of 7 Agenda Item No. 8E December 13, 2005 Page 4 of 156 PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) heard this petition on November 3, 2005. The CCPC unanimously recommended approval of this petition subject to the following changes that must be made to the PUD document: 1. Table I must be revised to indicate that Maximum Height refers to zoned height; and 2. Footnote 1 in Table I must be revised to replace the word "shall" with "may "; and 3. Table I must be revised to indicate Footnote 6 to be applicable to Principal and Accessory Uses; and 4. Revised Sections 2.5.C. and 4A.E. to reflect the petitioner's revision to Deviation 3 wherein parking will be provided at 75 percent of the normal LDC requirements instead of the originally requested 33 percent of the normal LDC requirement; and 5. Add item L to Section 5.7 that states access to Osceola Trail Boulevard is subject to approval by Collier County School Board. In addition, the CCPC accepted the petitioner's offer to address Affordable Housing with the language that is agreeable to the county attorney prior to the BCC hearing. The Petitioner has made the changes noted above to the PUD document. 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 were completed as separate documents that were incorporated into the supplemental 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 should 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. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private, shall be provided. RECOMMENDATION: Staff recommends approval of the rezone and amendment requested in Petition PUDZ -2005- AR -7299 subject to compliance with the proposed PUD document, and as otherwise described by the Ordinance of Adoption and Exhibits thereto, to include approval of the deviations as noted Manchester Square RPUD, PUDZ- 2005 -AR -7299 EXECUTIVE SUMMARY for 12/13/05 Page 4 of 7 Agenda Item No. 8E December 13, 2005 Page 5 of 156 in the deviation discussion below. Deviation Discussion: The petitioner is seeking approval of three deviations. The petitioner has provided justification in support of the deviations (see "Deviations and Justifications ", dated August 22, 2005, included in the Application for Public Hearing). Staff has analyzed the deviations and recommends approval of these deviations as noted below. Deviation 1 seeks relief from Land Development Code (LDC) Section 6.06 and Appendix B, which requires a 60- foot -wide local road right -of -way to permit a minimum 40- foot -wide road right -of -way. The petition offers the following justification. This deviation is appropriate for an infill project of this size. All travel lanes, utilities and sidewalks can be adequately accommodated within this 40'wide cross - section. The site has physical constraints given the presence of the 235' - wide FP &L right -of -way corridor parallel to Livingston Road. The reduced right -of -way width permits greater internal building location flexibility. A typical 40' -wide roadway cross - section is attached and it is consistent with previously approved 40'wide right -of -ways. The petitioner has agreed that any necessary utility and access easements that may be identified will be provided, thus staff has no objection to granting this deviation, finding that in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community." Deviation 2 seeks relief from LDC Section 6.06.02 which requires a five- foot -wide sidewalk to be constructed on both sides of local streets to permit project sidewalks to be constructed in accordance with the "Alternative Sidewalk Plan," listed as Exhibit "E" to the PUD document. The petitioner indicates the alternative design is justified, given the scale of the project, and will provide safe pedestrian movements. County Transportation Planning staff has reviewed this deviation and recommends that it be approved. Deviation 3 seeks relief from LDC Section 4.05, which requires parking for accessory recreational facilities to be provided at 50 percent of the normal LDC parking requirements when dwelling units are located greater than 300 feet from the recreational facility to permit parking for accessory recreational facilities to be provided at 75 percent of the normal LDC parking requirements. The petitioner provided the following justification for this deviation: The proposed project has tentatively planned for a 2,400 square foot clubhouse, a 2,000± square foot swimming pool, and a single tennis court to serve as the recreational /club component of the project. Based on the LDC parking standards, approximately 21 parking spaces would need to be provided on the recreational tract to serve these recreational facilities. The applicant proposed to provide fifteen parking spaces on the recreational tract with additional parking to be provided within a portion of the Florida Power and Light (FPL) easement, located Manchester Square RPUD, PUDZ- 2005 -AR -7299 EXECUTIVE SUMMARY for 12/13/05 Page 5 of 7 Agenda Item No. 8E December 13, 2005 Page 6 of 156 approximately 200 feet from the recreational amenity area. The proposed standard is sufficient to meet the proposed parking demands. Manchester Square RPUD will have a mixture of single- family and multiple - family dwellings. It is anticipated that nearly all of the single- family dwellings will have their own swimming pool, thereby reducing the demands on the community pool facility. Further, the recreational amenity is centrally located to most of the multiple family areas of the site, and a pedestrian pathway links these areas to the recreational amenity. As noted in the explanation of the parking requirement, only 50 percent of parking spaces are required, which recognizes that people who live close to the facility are more likely to walk rather than drive to the recreational facilities. The petitioner has not provided documentation to show individual single - family homeowners will be required to have their own recreational amenities, but it is common for single family homes to have their own swimming pools. The recreation area is located in the north end of the property, however the majority of the multi- family units will be located close enough to walk to the facility. The petitioner has indicated that additional parking will be provided in the FPL easement. Thus there will be additional parking available to residents and guests who use the facility; the deviation does not seek to eliminate the required parking, but rather only to reallocate the parking space's location. Staff believes the arrangement proposed by the petitioner should provide adequate parking facilities for this project. Staff believes this deviation should not be a detriment to the Livingston Road corridor as limited by the applicant proposal to provide overflow parking in the FPL easement. Thus staff has no objection to granting this deviation, finding that in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community." ADDITIONAL ISSUE FROM TRANSPORTATION STAFF: Transportation staff has requested that additional language be added to the PUD document requiring this project to provide an interconnection to Osceola Trail Boulevard even if the petitioner must seek approval from the Collier County School Board and the Governor and Cabinet to allow the access. Transportation staff has been adamant in their review of this project that access on Osceola Trail Boulevard is the preferred access alternative. Access to Osceola Trail Boulevard was discussed at the CCPC. The applicant's agent explained that Osceola Trail Boulevard is controlled by the School Board through agreements with the State of Florida. Additionally, Collier County School Board staff testified and provided correspondence to the CCPC that indicates Osceola Trail Boulevard is subject to a "reverter clause" that requires the property to be used solely for public purposes or the land reverts to the State of Florida. County School Board staff testified at the CCPC that they oppose any use of Osceola Trail Boulevard for this project unless access is approved by the school board. From a planning standpoint, access to Osceola Trail Boulevard is the preferred alternative; however the applicant has not agreed to seek the alternative. Manchester Square RPUD, PUDZ- 2005 -AR -7299 EXECUTIVE SUMMARY for 12/13/05 Page 6 of 7 Agenda Item No. 8E December 13, 2005 Page 7 of 156 This issue is currently under discussion by Transportation, Zoning, and school district staff and the applicant's agent. An update will be provided at the Board meeting, if necessary. PREPARED BY: Kay Deselem, AICP, Principal Planner Department of Zoning & Land Development Review Manchester Square RPUD, PUDZ- 2005 -AR -7299 EXECUTIVE SUMMARY for 12/13/05 Page 7 of 7 Agenda Item No. BE December 13, 2005 Pace 8 of 158 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number, BE Item Summary: This item requires that all participants he swom in and ex pane disclosure be provided by Commission members. PUDZ- 2005 -AR -7299 Community School of Naples. Inc., represented by D. Wayne Arnold, AICP of Q. Grady Minor and Associates, P.A. , and Richard D. Yovanovidh. of Goodiette, Coleman and Johnson, requesting a rezone from the Agricultural (A) zoning district to the Residential Planned Unit Development (RPUD) zoning district to aliaw development of a maximum of 148 single- family, two - family, duplex or multi - family dwelling units in a project to be known as Manchester Square. The subject property, consisting of approximately 36.9 acres is located at 13275 Livingston Road. in Section 12, Township 49 South, Range 25 East, Collier County, Florida. Meeting Date: 12J1312005 9= 00 AM Prepared By Kay Deseiem, AICP pdncipat Planner Daft Community Development & Environmental Services Zoning & Land Developmont Roview 1111612005 4:34:12 PM Approved By Ray Sell— Chief Planner Date Community Development & Zoning BLand Development Ravi— 11i17t20057:53 AM Environmental Services Approved By Sandra Lea Executive Secretary Data Community Development& Community Deveiopment8 Environmental Services Environmental Services Admin, 11!21120051:33 PM Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development 8 Environmental Services Environmental Services Admin. 1122!200512:03 PM Approved By Done €d L, Scott Transportation Planning Director Data Transportation Services Transportation Planning 1122/2005 3;55 PM Approved By Susan Murray. AICP Zoning & Land Development Director Data Community Development 8 Zoning & Land Development Roview 11126.'2005 B;42 AM Environmental services Approved By Community Dav dpmont & Community Joseph K. Schmitt Environmentat Services Adminstmtor Community Developmem & Community Development 8 Environmental Services Environmental Services Admin. 11 28,20059:13 PM Approved By OMB Coordinator Administrative Assistant Date Courdy Managors office Office of Management & Budget 1112912005 4:26 PM Approved By Norm E Fodor, AICP Transportation Division Adnlinistramr Date Transportation services Transportation Services. Admin. 121112006 1:39 PM Approved By Mark Nackson Budget Analyst Date County Managers office Office of Management & Budget 1 21112 00 5 4:37 PM Approved By Michael Smykovrski Management & Budget Director Data County Manager's Office Office of Management & Budget 121212006 11 Art AM Approved By James V. Mudd County Manager Data Board of County County Manager's Office 1 213120 0 5 11:05 AM Commissionan Agenda Item No. 8E December 13, 2005 Page 9 of 156 C-✓O eY CiOTitYity STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: NOVEMBER'), 2005 SUBJECT: PUDZ- 2004 -AR -7299; MANCHESTER SQUARE PUD PROPERTY OWNER/AGENT: APPLICANT: Community School of Naples AGENT: D. Wayne Arnold, AICP 13275 Livingston Road Q. Grady Minor & Assoc., Inc. Naples, FL 34109 3800 Via Del Rey Bonita Springs, FL 34134 REQUESTED ACTION: The petitioner seeks a rezone from the Agricultural (A) zoning district to the Residential Planned Unit Development (RPUD) zoning district. GEOGRAPHIC LOCATION: The subject property, consisting of 36.9± acres, is located at 13275 Livingston Road, in Section 12 Township 49 South, Range 25 East Collier County, Florida. (see location map on the following page) PURPOSE/DESCRIPTION OF PROJECT: The proposed PUD, if approved, will allow development of a maximum of 148 single - family, two- family, duplex or multi - family dwelling units in a project to be known as Manchester Square. The PUD document indicates the project will have one access point serving the project from Livingston Road. The exact alignment of that access point and building placement will be determined at the site development plan (SDP) approval stage. The petitioner is seeking approval of three deviations. SURROUNDING LAND USE AND ZONING: North: Agriculturally developed tracts, with a zoning designation of Rural Agricultural East: Livingston Road, then residentially developed lots, designated Estates for zoning purposes GACurrent \Deselem \PUD Rezones \Manchester Square, PUDZ- 2005 -AR- 7299 \STAFF REPORT 1.doc Page 1 of 9 Agenda Item No. 8E December 13, 2005 Page 10 of 156 South: Osceola Trail Boulevard, then Community School of Naples campus, with a CF zoning designation West: Agriculturally developed tracts, with a zoning designation of Rural Agricultural Aerial Photo Excerpt from Zoning Maps (not to exact scale) GACurrent \Deselem \PUD Rezones \Manchester Square, PUDZ- 2005 -AR- 7299 \STAFF REPORT tdoc Page 2 of 9 Agenda item No. 8E December 13, 2005 Page 11 of 156 GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): The subject property is designated Urban (Urban Mixed -Use District, Urban Residential Subdistrict) on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, the Urban Mixed -Use District permits a variety of residential and accessory land uses including developments such as Planned Unit Developments. The Density Rating System provides for a base density of 4 dwelling units per acre (DU /A) throughout the Urban Mixed - Use District. No density bonuses are being requested and the site is not subject to density reductions. Accordingly, the subject site is eligible for 4 DU /A. FLUE Policy 7.3 encourages project interconnections. In considering if project interconnections are possible and feasible, one must view the development status of adjacent lands; the approved land uses on adjacent lands; environmental constraints on site and on abutting lands; whether the abutting projects' road systems — approved or built — could accommodate an interconnection; etc. Relevant to the subject site, "A" zoned lands with orange groves lie to the north, Collier County School District Administration Building lies to the west, an FPL easement and Livingston Road right -of -way lies to the east, and Osceola Trail Boulevard and Community School of Naples lies to the south. Access to the subject site will be provided from Livingston Road. A "potential access point" from the subject site south to Osceola Trail Boulevard has also been identified on the PUD Master Concept Plan. Staff would encourage that this connection be made, however the roadway is controlled by the Collier County School District and that entity is unwilling to allow access from this roadway. The connection to the School Board property to the west is constrained by preserve areas on the school property; however, the southerly connection to Osceola Trail Boulevard would have provided the subject site with access to the School Board site, if the subject site had access to Osceola Trail Boulevard. A connection should also be considered for the "A" lands to the north — it appears as though a future interconnection is possible and appropriate. FLUE Policy 5.4 requires new land uses to be compatible with the surrounding area. Zoning staff believes this project will be compatible with the surrounding area. Transportation Element: Transportation Planning staff has reviewed this petition's Traffic Impact Statement (T1S) and the PUD document to ensure the PUD document contains the appropriate language to address this project's potential traffic impacts, and to offer a recommendation regarding GMP Transportation Element, Policies 5.1 and 5.2. Those policies require the review of all rezone requests with consideration of its impact on the overall transportation system, and specifically notes that the County should not approve any request that significantly impacts a roadway segment already operating and /or projected to operate at an unacceptable Level of Service (LOS) within the five -year planning period unless specific mitigating stipulations are approved. G: \Current \Deselem \PUD Rezones \Manchester Square, PUDZ- 2005 -AR -7299 \STAFF REPORT 1.doc Page 3 of 9 Agenda Item No. 8E December 13, 2005 Page 12 of 156 Traffic analyses to determine significant project impact use the following criteria to determine the study area: a. On links (roadway segments) directly accessed by the project where project traffic is equal to or exceeds 3 percent of the adopted LOS standard service volume; b. For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds 3 percent of the adopted LOS standard service volume; C. For all other links the project traffic is considered to be significant up to the point where it is equal to or exceeds 5 percent of the adopted LOS standard service volume. "Project traffic that is less than 1 percent of the adopted peak hour service volume represents a de minimis impact." Upon review of rezone petition PUDZ- 2005 -AR -7299, staff recommends approval based on the following facts: The proposed development is for 148 multi - family residential units. Transportation staff has conducted the consistency analysis for the proposed PUDZ and the TIS for this petition projects a net external maximum of 83 PM peak hour trips. The highest percent of services volumes impacted are as follows: Project Directional Distribution PERCENT PERCENT PM OF ROAD FROM TO OF PEAK CAPACITY SEGMENT PROJECT HOUR AT VOLUME VOLUME ADOPTED LOS Livingston Road Pine Ridge Road Vanderbilt Beach Road 55 30 0.67 Livingston Road Golden Gate Pkwy. Pine Ridge Road 15 g 0.24 Pine Ridge Road Airport Road I -75 20 11 0.24 All of the above segments are projected to operate at an acceptable level of service within the five -year planning period. Therefore, this petition is consistent with Policy 5.1. GMP Conclusion: The Growth Management Plan is the prevailing document to support land use decisions such as this proposed rezoning to PUD. Staff is required to make a recommendation regarding a finding of consistency or inconsistency with the overall GMP as part of the recommendation for approval, approval with conditions, or denial of any rezoning petition. The Future Land Use Element designation is a portion of the overall finding that is required. The proposed uses are consistent with the property's future land use designation as indicated previously in the GMP discussion. The proposed rezone proposes uses and densities that are compatible with the neighborhood. The proposed rezone is also consistent with GMP Transportation Element GACurrent \Deselem \PUD Rezones \Manchester Square, PUDZ- 2005 -AR -7299 \STAFF REPORT 1.doc Page 4 of 9 Agenda Item No. 8E December 13, 2005 Page 13 of 156 Policy 5.1. Based upon the above analysis, staff concludes the proposed uses and density may be deemed consistent with the goals, objective and policies of the overall GMP. 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 10.02.13.13.5 of the LDC and required staff evaluation and comment. The staff evaluation establishes a factual basis to support the recommendations of 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. Transportation Review: Transportation Department staff has reviewed the petition and the PUD document that accompanies the request. The applicant has incorporated Transportation staffs revisions within the PUD document, and Transportation Planning staff recommends approval subject to the Transportation commitments contained in the PUD document. Utility Review: The Utilities Department staff has reviewed the petition, noting that this PUD is located within the Collier County Water /Sewer District, and is subject to application for and conditions associated with a Water and Sewer Availability Letter from the Collier County Utilities Division. Zoning Review: As illustrated in the aerial photograph, the surrounding zoning discussion of this staff report, and the Master Plan, the site will be separated from other development by roadways to the east (Livingston Road), and to the south (Osceola Trail Boulevard). North of the site is undeveloped Rural Agriculturally zoned land. East of this site, across Livingston Road, are single - family residential uses within the Estates zoning designation. To the south, across Osceola Trail Boulevard, the land is developed with the Community School of Naples, consistent with the CF zoning designations. To the west is Collier County School property. Staff must consider the compatibility of the uses proposed in this PUD in conjunction with what currently exists on the south property, pursuant to GMP Policy 5.4. The development standards contained in Section III of the PUD document reflect a design approach that will provide single -, two -, and multi - family housing opportunities. The PUD indicates and a minimum front -yard setback of 20 feet and side setbacks of 6.0 -feet for a single - family and two - family and townhomes structures. Multi - family buildings will have a10 -foot front setback. The minimum rear setback is 15 feet for all principal structures and 10 feet for all accessory structures. The maximum height for single- family and two- family structures is 35 feet, and 45 feet not to exceed three habitable stories. G: \Current \Deselem \PUD Rezones \Manchester Square, PUDZ- 2005 -AR- 7299 \STAFF REPORT 1.doc Page 5 of 9 Agenda Item No. 8E December 13, 2005 Page 14 of 156 Deviation Discussion: The petitioner is seeking approval of three deviations. The petitioner has provided justification in support of the deviations (see Deviations and Justifications", dated August 22, 2005, included in the Application for Public Hearing). Staff has analyzed the deviations and recommends approval or denial of these deviations as noted below. Deviation 1 seeks relief from Land Development Code (LDC) Section 6.06 and Appendix B, which requires a 60- foot -wide local road right -of -way to permit a minimum 40- foot -wide road right -of -way. The petition offers the following justification. This deviation is appropriate for an infill project of this size. All travel lanes, utilities and sidewalks can be adequately accommodated within this 40' -wide cross - section. The site has physical constraints given the presence of the 235' - wide FP &L right -of -way corridor parallel to Livingston Road. The reduced right -of -way width permits greater internal building location flexibility. A typical 40' -wide roadway cross - section is attached and it is consistent with previously approved 40' -wide right -of -ways. The petitioner has agreed that any necessary utility and access easements that may be identified will be provided, thus staff has no objection to granting this deviation, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community." Deviation 2 seeks relief from LDC Section 6.06.02 which requires a five- foot -wide sidewalk to be constructed on both sides of local streets, to permit project sidewalks to be constructed in accordance with the "Alternative Sidewalk Plan," listed as Exhibit "E" to the PUD document. The petitioner indicates the alternative designed is justified given the scale of the project and will provide safe pedestrian movements. County Transportation Planning staff has reviewed this deviation and recommends that it be approved. Deviation 3 seeks relief from LDC Section 4.05, which requires parking for accessory recreational facilities to be provided at 50 percent of the normal LDC parking requirements when dwelling units are located greater than 300 feet from the recreational facility, to permit parking for accessory recreational facilities to be provided at 33 percent of the normal LDC parking requirements with a minimum of 8 parking spaces located on the amenity site. The petitioner provided the following justification for this deviation: The proposed project has tentatively planned for a 2,400 square foot clubhouse, a 2,000± square foot swimming pool, and a single tennis court to serve as the recreational /club component of the project. Based on the LDC parking standards, approximately 21 parking spaces would need to be provided on the recreational tract to serve these recreational facilities. The applicant proposed to provide eight parking spaces on the recreational tract, with additional parking to be provided with a portion of the Florida Power and Light (FPL) easement, located GACurrent \Deselem \PUD Rezones \Manchester Square, PUDZ- 2005 -AR -7299 \STAFF REPORT 1 A= Page 6 of 9 Agenda Item No. 8E December 13, 2005 Page 15 of 156 approximately 200 feet from the recreational amenity area. The proposed standard is sufficient to meet the proposed parking demands. Manchester Square RPUD will have a mixture of single- family and multiple- family dwellings. It is anticipated that nearly all of the single- family dwellings will have their own swimming pool, thereby reducing the demands on the community pool facility. Further, the recreational amenity is centrally located to most of the multiple family areas of the site and a pedestrian pathway links these areas to the recreational amenity. As noted in the explanation of the parking requirement, only 50 percent of parking spaces are required, which already recognized that those persons living closer than 300 feet may walk to the recreational facilities. Staff is not convinced that a further reduction of the parking requirements is justified. The petition has not provided any documentation to show individual single- family homeowners will be required to have their own recreational amenities, nor does the PUD document indicate that any certain percentage of the residences will be either multi- family or single- family uses. The mix of housing types can vary greatly. Additionally, the recreational tract does not appear to be "centrally located to most of the multi- family areas," as indicated in the petitioner's justification. The recreation area is located in the north end of the property, which places it quite far away from the R -2 tract located near Osceola Trail Boulevard. The petitioner is seeking narrower roadways in Deviation 1. If there are inadequate parking areas if this deviation is approved those vehicles who cannot be accommodated in the parking spaces provided would be more likely to park in the narrowed road rights -of -way. The petitioner has indicated that additional parking will be provided in the FPL easement. The petitioner states that the FPL easement is 200 feet from the amenity center, so the parking spaces located in the FPL easement do not appear to be in a practical location that would encourage their use. Again, the route of least resistance would have the overflow vehicles parking in the rights -of -way. No provisions have been made to provide buffering for any vehicles parked in the FPL easement, thus a visual blight and nuisance could be created if parking is allowed in the FPL easement. The FPL easement could become an overflow parking area and vehicle storage area, with vehicles left over time, without benefit of paving or buffering. Staff does not believe approval of this deviation will enhance the project and instead would be a detriment to the Livingston Road corridor. Thus staff has objectives to granting this deviation, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has not demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community." NEIGHBORHOOD INFORMATION MEETING (NIM): The agent for the applicant held the required NIM on June 21, 2005 at 5:30 P.M. at the Hawthorne Suites, 3557 Pine Ridge Road. Two persons other than the applicant's team and County staff attended the meeting. There were no objections to the proposed rezone and G: \Current \Deselem \PUD Rezones \Manchester Square, PUDZ- 2005 -AR- 7299 \STAFF REPORT 1.doc Page 7 of 9 Agenda Item No. 8E December 13, 2005 Page 16 of 156 development intended of the property. Synopsis provided by Linda Bedtelyon, Community Planning Coordinator. RECOMMENDATION: Zoning and Land Development Review Services staff recommends that the Collier County Planning Commission forward Petition PUDZ- 2005 -AR -7299 to the Board of County Commissioners with a recommendation of approval for the rezoning request from Agricultural zoning district to the Residential Planned Unit Development zoning district, and further recommends approval of Deviations I and 2, and denial of Deviation 3. PREPARED BY: KAY DESELEM, AICP, PRINCIPAL PLANNER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: PATRICK G. WHITE ASSISTANT COUNTY ATTORNEY DATE RAYMOND V. BELLOWS, ZONING MANAGER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW SUSAN MURRAY, AICP, DIRECTOR DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW GACurrent \Deselem \PUD Rezones \Manchester Square, PUDZ- 2005 -AR- 7299 \STAFF REPORT 1.doc Page 8 of 9 Agenda Item No. 8E December 13, 2005 Page 17 of 156 APPROVED BY: JOSEPH K. SCHMITT ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Tentatively scheduled for the December 13, 2005 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: MARK P. STRAIN, CHAIRMAN Exhibits: A. Rezone Findings B. PUD Findings DATE G:1Current\Dese1em\PUD Rezones \Manchester Square, PUDZ- 2005- AR- 72991STAFF REPORT i.doc Page 9 of 9 FINDINGS FOR PUD PUDZ- 2005 -AR -7299 Agenda Item No. 8E December 13, 2005 Page 18 of 156 Section 10.02.13.8.5 of the LDC of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plan's compliance with the following criteria: 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 nearby area across Livingston Road has developed with other residential uses, and the parcels to the south and west house educational facilities that complement residential uses. The parcel to the north is zoned and used for agricultural purposes at this time. The petitioner has agreed to connect to County water and sewer district 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 adopting 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 "B" Agenda Item No. 6E December 13, 2005 Page 19 of 156 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 does not appear to be a significant problem as part of the PUD amendment process, but the project's development must be in compliance with applicable concurrency management regulations when development approvals are sought. 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. Infrastructure should be in place in the vicinity and its adequacy will be addressed when development approvals are sought. 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. The petitioner is seeking three deviations as part of the rezoning approval. Those deviations have been reviewed within the staff report and staff has provided recommendations for each deviation. FINDINGS FOR PUD PUDZ-2005 -AR -7299 EXHIBIT "B" G: \Current \Deselem \PUD Rezones \Manchester Square, PUDZ- 2005 -AR- 7299 \Findings, PUD 10- 10- 05.doc Page 2 of 2 REZONE FINDINGS PUDZ- 2005 -AR -7299 Agenda Item Nov 8E December 13, 2005 Page 20 of 156 Chapter 10.03.05.G 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 rezone is consistent with the Future Land Use Element (FLUE) land use designation of the Growth Management Plan (GMP) and Transportation Planning staff provided an analysis of the applicable objectives, goals and policies of the Transportation Element, and finds that the project is consistent with Transportation Element Policy 5.1. Zoning staff provided an analysis of other pertinent GMP objectives and policies, and recommends that the petition be deemed consistent with the overall 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 GMP. 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 Urban (Urban Mixed -Use District, Urban Residential Subdistrict) on the Future Land Use Map (FLUM) of the Growth Management Plan. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. The growth and development trends and changing market conditions make the proposed rezoning desirable for the applicant. The rezoning is not necessary, per se, but it does seem 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 neighborhood; EXHIBIT A Page 1 of 3 Agenda Item No. 8E December 13, 2005 Page 21 of 156 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 rezoning 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 pear 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 recommended approval of the petition based upon transportation- related GMP policies. The PUD document contains limitations that should adequately address traffic congestion concerns. 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 (i.e. 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 may or 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 may or 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. 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 land use designation of Urban (Urban Mixed - Use District, Urban Residential Subdistrict) on the Future Land Use Map (FLUM) of the Growth Management Plan (GMP) which is a public policy statement supporting zoning actions when they are consistent with the entire GMP. Staff is recommending that the petition be deemed consistent with the overall GMP with stipulations. In light of this fact, approval of the proposed PUD would not constitute a grant of special privilege. EXHIBIT A Rezone Findings PUDZ- 2005 -AR -7299 Page 2 of 3 Agenda Item No. 8E December 13, 2005 Page 22 of 156 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; The property could be developed in compliance with the existing zoning 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 rezone is designed in a manner that is compatible with surrounding property in size and scale. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. Each zoning petition is reviewed on its own merit for compliance with the GMP and the LDC; and staff does not review other sites in conjunction with a specific petition. However, suffice to say there are most likely areas of the County with conventional or PUD zoning that would allow development of the housing types proposed by the petitioner. The determinants of zoning are consistency with all elements of the GMP, compatibility, adequacy of infrastructure and general compliance with the Land Development Code. 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, the Transportation Planning staff found it inconsistent with the Transportation Element of the GMP. EXHIBIT A Rezone Findings PUDZ- 2005 -AR -7299 Page 3 of 3 wLOC.D C) t? 6"— Z t o *') CD -a C C M c � U cn Q Q SQ G W V z 0 U 0 C� rn N Q O O 1' IL Z a H F— w a. amL3raa inem A"011 VUVWd a Vl" L gg �a 3 ge °o Z aL,,llua a 01-3MM ^ O a 3 � a � m U Nut] Na=14An am � OV08 NOSSONLAn 1NiK35Y3 -PP dd 30P AZ l :.. ......:...........::....................:. ...............:....:::...:.4;, SN3K3V3 -mcu 30M SLL .:::-:-:.-•; a-:,-:: e-:- r-:.+,...:..... .- .�..- 1;atr;�:..;..:.- �:..w :.. ...............::.. Wdi 3mN OIL INNOM INVE Y3 -McU 30LX Alt -W �$t 5 ° (W ww 0Y0tl OI'df[1dJ1DAiV +� 3� (W-h avoeexrrr►r,aoaun ! rypTyyyy F a s a DAGM SQ G W V z 0 U 0 C� rn N Q O O 1' IL Z a H F— w a. amL3raa inem A"011 VUVWd a Vl" gg �a 3 ge °o aL,,llua a 01-3MM J a caw FOID avow nouaawi -W ' ° (W ww 0Y0tl OI'df[1dJ1DAiV +� 3� (W-h avoeexrrr►r,aoaun ! rypTyyyy a DAGM � mu aou a...... AM am 4 (in 1, °aL'n� hoe »+rw S� X xrvu+ali3moe �v (LY 4-N TA{L1111'D1Vi 4Y' wkLL0 AML SQ G W V z 0 U 0 C� rn N Q O O 1' IL Z a H F— w a. Agenda Item No. 8E December 13, 2005 Page 24 of 156 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE DEPT. OF ZONING & LAND DEVELOPMENT REVIEW NAPLES, FLORIDA 34104 WWW.COLLIERGOV.NET 14iffabl- (239) 403 -2400 FAX (239) 643 -6968 1 1 PL I ATIC�I�I FOA PUBLIC HEAkt' FORT Pia REZONE . (PP'DZ) PUD TOE PUD REZONE VUDZ A} PETITION NO (AR) PROJECT NAME PROJECT NUMBER DATE PROCESSED ASSIGNED PLANNER 3U BM1TTAL PUDZ- 2005 -AR -7299 .PROJECT #2005010032 DATE: 6/21/05 KAY DESELEM E -MAIL ADDRESS: NAME OF AGENT D. WAYNE ARNOLD, AICP - Q. GRADY MINOR AND ASSOCIATES, P.A. ADDRESS 3800 VIA DEL REY CITY BONITA SPRINGS STATE FLORIDA ZIP 34134 TELEPHONE # 239 - 947 -1144 CELL # FAX # 239 - 947 -0375 E -MAIL ADDRESS: WARNOLD(a- )GRADYMINOR.COM BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. Application For Public Hearing For PUD Rezone 6/14/04 Agenda Item No. BE December 13, 2005 Page 25 of 156 AS90CIATI0NS` Complete the following for all Association(s) affiliated with this petition. Provide additional sheets if necessary. NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS ZIP CITY STATE ZIP NAME OF MASTER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF CIVIC ASSOCIATION: MAILING ADDRESS CITY STATE ZIP Application For Public Hearing For PUD Rezone 6/14/04 Agenda Item No. 8E December 13, 2005 �- Detailed legal description of the property covered by the application: (if space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. 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/Township /Range S12/T49/R25 Lot: Block: Subdivision: Plat Book Page #: Property I.D. #: 00256320000 Metes & Bounds Description: See attached Exhibit "A" (Legal Description) Size of property ft. X ft. = Total Sq. Ft. Address /general location of subject property: 13275 Livingston Road Acres 36.9± PUD District (LDC 2.03.06): ® Residential ❑ Community Facilities ❑ Commercial ❑ Industrial Zoning AD.lACEhIT ZQIVIlkIG AND LAN I3 USE Land use N AGRICULTURE ORANGE GROVES S CF COMMUNITY SCHOOL OF NAPLES E E (Estates) SINGLE FAMILY RESIDENTIAL W A, RSF -3 ORANGE GROVES PUBLIC SCHOOL ADMIN BUILDING 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). YES Section/TownshiplRange S12/T49/R25 Lot: Block: Subdivision: Plat Book Page #: Property I.D. #: 00256320000 Metes & Bounds Description: See attached Exhibit "A" (Legal Description) Application For Public Heating For PUD Rezone 6/14/04 Agenda Item No. 8E December 13, 2005 Page 27 of 156 EXHIBIT "A" LEGAL DESCRIPTION (MANCHESTER SQUARE P.U.D.) A PARCEL OF LAND SITUATED IN SECTION 12, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING 'MORE :PARTMULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 12, TOWNSHIP 49 SOUTH, c0Ut4Ty,:FLOklW RANGE 25 EAST, THENbe ALONG THIS NORTH LINE OF SECTION 12, N 89*33'49* W FOR 275.07 FEET TO THE WEST RIGHT-or- WAY LINS OF LIVINGSTON ROAD, AS RECORDED IN OFFICIAL RECORDS BOOK 6179, PAGE 43, ANC 3179, PAGE 36 OF THE PusUc RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE LEAVING THE SAID NORTH LINE AND PROCEEDING ALONG THE SAID WEST RIGHT-OF-WAy LINE THE FOLLOWING THREE (3) DESCRIBED COURSES., 1) THENCE 6 00-50'38" E FOR 1033-33 FEET, 2) THENCE S 10*2TOI" W FOR 51,06 FEET; 3) THENCE S 00'50'38* E FOR 54282 FEET: THENCE LEAVING THE SAID WEST RIGHT-OF-WAY, N 89`33'47- W FOR 304.41 FEET TO A POINT OF CURVATURE; THENCE 223.84 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE RIGHT, HAVING A RADIUS OF 286.00 FEET THROUGH A CENTRAL ANGLE OF 45'00'00* AND BEING SUBTENDED BY A CHORD WHICH BEARS N 87°0347' WEST FOR 218.13 FEET, TO A POINT OF TANGENCY; THENCE N 44*3347" W FOR 156.37 FEET TO A POINT OF CURVATURE; THENCE 302.38 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS OF 385.00 FEET, THROUGH A CENTRAL ANGLE OF 45'00*00" AND BEING SUBTENDED BY A CHORD WHICH BEARS N 87.03'47" WEST FOR 294.67 FEET, TO A POINT OF TANGENCY LYING ON THE SOUTH LINE OF THE NORTH 112 OF THE NORTHEAST 114 OF SAID SECTION IZ THENCE ALONG THE SAID SOUTH LINE, N 89*3347"W FOR 201.94 FEET TO THE SOUTHWEST CORNER OF THE NORTHEAST 114 OF THE NORTHEAST 1/4 OF SAID SECTION 12; THENCE ALONG THE WEST LINE OF THE FAST 112 OF THE NORTHEAST 114 OF SAID SECTION12, N NrIT29"W FOR 1319.31 FEET, TO A POINT ON THE SAID NORTH LINE; THENCE ALONG THE SAID NORTH LINE, S 89*3340' E FOR 1079.56 FEET To THE POINT OFBEGININING OF THE PARCEL DESCRIBED HEREIN. CONTAINING 1,808,064 SQUARE FEET OR 36.9 ACRES SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.* BEARINGS ARE BASED ON THE F qfjPA STATE PLANE COORDINATE SYSTEM, EAST ZONE, 1983 NORTH A ""RICAN DATUM, 0$99) . DJUS M BY: JO J. HILTO ROFEfi SJO L SURVEYOR AND MAPPER L # 6273 NOT VA ID WITHOUtR42--,te4A T URE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR Agenda Item No. 8E December 13, 2005 Page 28 of 156 b Ri E REcu 5T This application is requesting a rezone from the A zoning district(s) to the PUD (PLANNED UNIT DEVELOPMENT) zoning district(s). Present Use of the Property: FALLOW CROPLAND Proposed Use (or range of uses) of the property: SINGLE FAMILY AND MULTI FAMILY RESIDENTIAL Original PUD Name: Ordinance No.: EVAL ITERIA Pursuant to Section 10.02.13 of the Collier County Land Development Code, staffs 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 10.02.13.13) 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 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. 3. Conformity of the proposed PUD with the goals, objectives and policies 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. S. 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 surrounding areas to accommodate expansion. Application For Public Hearing For PUD Rezone 6/14/04 Agenda Item No. 8E December 13, 2005 8. Conformity with PUD regulations, or as to desirable modifications of such regLF1MrbAVt1'e 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. 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. Previous land use petitions on the subject property To your knowledge, has a public. hearing been held on this property within the last year? ❑ Yes Z No If so, what was the nature of that hearing? NOTICE: This application will be considered "open" when the determination of "sufficiency" has been made and the application is assigned a petition processing number. The application will be considered "closed" when the petitioner withdraws the application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the rezoning for a period of six (6) months. An application deemed "closed" will not receive further processing and an application "closed" through inactivity shall be deemed withdrawn. An application deemed "closed" may be re- opened by submitting a new application, repayment of all application fees and granting of a determination of "sufficiency ". Further review of the project will be subject to the then current code. (LDC Section 10.03.05.Q.) Application For Public Hearing For PUD Rezone 6/14/04 Agenda Item No. 8E December 13, 2005 Page 30 of 156 AFFIDAVIT BE ME, the undersigned authority, this day personally appeared N- Z � "Affianfl who being duly sworn on oath deposes and states as follows: r 1. Affiant is tk6" �CS• /l�L of Community School of Naples, Inc. a Florida corporation (the "Company"). 2. The Company has entered into, a Purchase and Sale Agreement (the "Purchase Contract ") with WCI Communities, Inc., a Delaware corporation ( "WCI") pursuant to which WCI has the right to purchase the property more particularly described on Exhibit "A" attached hereto and incorporated herein by reference (the "Property"). 3. Pursuant to the terms and conditions of the Purchase Contract, WCI has the right and authority to file an application and any related documents necessary to rezone the Property. FURTHER AFFIANT SAYETH NOT. STATE OF FLORIDA) SS: COUNTY OF COLLIER Name: Title: e foregoing instrument was acknowled ed before me this S day of t§&A4W 2005 by of Community drool o. s P _Tic Merida corporation, on behalf of the corporation. QIS,/Sh�is }ersonall Known to_ e or has produced as identification. f ,e' c1 L.✓ NOTARY PUBLIC tipAY P� Name: �;•••;°�� BRM IDYARASPHKE Commission No. * * MYCOMMSSIONIDD15u76 EXPIRES: February 16, 2007 OF RCl Bonded Thm Budget Notuy $,,i,$ My Commission expires: PUDZ- 2005 -AR -7299 PROJECT # 2005010032 DATE: 4/8/05 KAY DESELEM Agenda Item No. 8E December 13, 2005 Page 31 of 156 k m . l FFip ' IT vs. h e r w P V We /I, COMMUNITY SCHOOL OF NAPLES being first duly sworn, depose and say that we /I 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. We /I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner We/[ further authorize Q. GRADY MINOR AND ASSOCIATES P.A. GOODLETTE COLEMAN AND JOHNSON P.A. AND WCI COMMUNITIES INC. to act as our /my representative in any matters regarding this Petition. CfiAl,0f uNlTyf -5CA' t, �/%�G �s/`e• Signature of Property Owner Typed or Printed Name of Owner V.f+ Signature of Propert caner Typed or Printed Name of Owner The for going instrument was acknowledged before me this > day of '644u4t'v , 2005, by e who�is ersonally known to me P Y ar has produced as identification r4L!� 141 6S /jJ.4rO �� A,�Y ZfiUt M 411 � �'C �L C, 1. State of Florida (Signature of Nfotary Public - State of County of Collier Florida) Brandy A. RascMw Application For Public Hearing For PUD Rezone 6/14/04 (Print, Type, or Stamp Commissioned Name of Notary Public) '4wR4 f'G BRANDY A. RASH* �s * MY COMMISSION # DD 156976 PUDZ- 2005 -AR -7299 ^; 4. EXPIRES: February 16,2D07 PROJECT # 2005010032 F e«a�tlrnmeUaacrrouryson�we DATE: 4/8/05 KAY DESELEM Agenda Item No. 8E December 13, 2005 Page 32 of 156 AFFIDAVIT We /I, COMMUNITY SCHOOL OF NAPLES being first duly sworn, depose and say that we /I 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. We /I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner We /I further authorize Q. GRADY MINOR AND ASSOCIATES P.A. GOODLETTE, COLEMAN AND JOHNSON, P.A., AND WCI COMMUNITIES, INC. to act as our /my representative in any matters regarding this Petition. — Go,t l f U,4) / 1 1 VP Signature of Property Owner Signature of Propert Vlwner Typed or Printed Name of Owner Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this day of , 2005, by �✓Ni1 %l •Tv�h1��c/ -o is personally known to me r has produced as identifications ✓��'Q/1DT',�h✓D'44 0A CO M Apt 1011 r� S 1 W L PiPA W&'(4, T ✓,G. State of Florida County of Collier PUDZ- 2005 -AR -7299 PROJECT # 2005010032 DATE: 4/8/05 KAY DESELEM Application For Public Hearing For PUD Rezone 6/14/04 !A-v -gyp (Signature of NoWy Public - State of Florida) Brandy A. Raschke (Print, Type, or Stamp Commissioned Name of Notary Public) nr nL 4 BRAMYA. RWM(E * * My COMMISSION i DD 15%76 t EXPIRES: February 16, 2DO7 Bonded Thru budget NMery somm 12/13/2004 01:45 6595724 ADDRESSING Agenda �� P��EE01 12/22/2004 09:30 PAX 239 947 0476 Q Qra4r XIMor & Assoc. g e Agenda Ite '�ilQ5 Page 33 of 156 .t:[DIDRMSMG CU .sC�1�'C�LIST }'lease complete rho followingmad submit to the Addressing Section fear Review. Not all items will at ply to eveory moi act. Items i1t bold type ate reauircd. 1. Legal deseription of subjext property or properties (copy of lengthy description may be attached) -PLEASE SEE ATTACH CURENT Q 92 PRINT OUT FROMTHE _CDUIER COUI TTY _ 2. l aRa (ftoperty ID) number(s) of above (attach to, or associate witk, legal description if more tl an one, QQ25632QQQO 3. Street address or addresses (as aMIkabIg falready assigned) 4. Location w2A showing =ict location of projecVidte is reMon to ste=st gmublic mad right -of -wr y 5. Copy of survey (NEEDED ONLY FOR UNPLATTED PROMMS) 6. Proposed project name (ifapplicable) 7. Proposed Street names (if qpp1kable) S. Site Developmcm Plan Number (FOR EXISTING PROJECTS /STYES ONLY) SDP - 9. Pedtion Type -- (Complete a separate Addressing Checklist for each Petition Type) [] SDP (Site Devdopment Pixa.) ❑ PPL (Plans & Piat Review) ❑ SDPA (SDP Ameadmeut) PSP (Preliminary SubdMsioa Plat) El SDPX (SDP b=bstautial gage) H FF (Final ple) SIP (Site Improvement Film) ❑ LLA (Lot Luxe Adjw tmcnt) $IPA (Sir Amendment) SL (a1aodW91?C=1t) HSNR (Street Name Change) ROW (Rigs"i"Way Pelt) VegetatxaaXkotic (Veg. Removal Permits) EXP (Eacsv4ou Permit) ® Laud Use Pcdtkm (Valiance, Conditional Use, ❑ VRSFP (%r6& Removal & Site Fill F Mnit) Boat Dock Ext., RCZone, PUD rezone, etc.) ❑ Other -Describe., 10. Project or development names proposed for, or already appeariDS ic, candoxrti xivma, documents (if applicable, iudJic do whetbcr proposed or existing) _ 11. Plcasc Check o*w. C9 Checklist is to be Faxed Back ❑ Personally Picked Up 12. ,Applfesnt »awe ATE ARNOLD _ Phone 9 -947- 1:_44-. Fax 239 -947 -0375 _ 13. Signatim on Addressing Chc&lfst does not constitute Project and/or Street Name approval and is subject to further review b y the Addressing Section. FOR STAFF IISZ ONI.'Y ., . ..., _ Prianary Number _5&9 r Address Number Address Number �} Address Number Approved " b a trl Date 3� t) t. 1 PUDZ- 2005 -AR -7299 PROJECT # 2005010032 DATE: 4/8/05 KAY DESELEM Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers ■ Land Surveyors ■ Planners MARK W. MINOR P.E. NORMAN J. TREBILCOCK, A.I.C.P., P.E. C DEAN SMITH, P.E. DAVID W. SCHMTIT, P.E. MICHAEL J. DELATE, P.E. MATTHEW J. HERMANSON, P.E. MICHAEL T. HERRERA, P.E. February 22, 2005 Agenda Item No. 8E December 13, 2005 Page 34 of 156 D. WAYNE ARNOLD, A.I.C.P. ROBERT "BOB" THINNES, A.I.C.P. THOMAS J. GARRIS, P.S.M. STEPHEN V. BURGESS, P.S.M. ALAN V. ROSEMAN CHRISTOPHER C. HAYES, P.E. IVY WYLIE, P.E. PUDZ- 2005 -AR -7299 Mr. William Lorenz, Director PROJECT # 2005010032 Environmental Services Department DATE: 4/8/05 2800 North Horseshoe Drive KAY DESELEM Naples, FL 34104 RE: Environmental Impact Statement (EIS) Exemption (waiver) Request — Manchester Square PUD Dear Mr. Lorenz: Pursuant to Section 10.02.02.A.7 of the LDC, we are requesting an exemption of the EIS for the proposed Residential Planned Unit Development. The subject property consists of approximately 36± acres and is located on Livingston Road, approximately % mile north of Pine Ridge Road. The property is presently part — of the Community School of Naples ownership, and it is proposed to be rezoned independent of the Community School Campus as a stand -alone residential project. The site's present condition is fallow cropland. A 235' wide FPL power line corridor traverses the site. A recent aerial confirms the current condition of the property. We have obtained a 1975 aerial photograph of the area, which demonstrates that the site was cleared and in agricultural use at that time, which is attached for your use. At our pre - application meeting staff requested the aerial and soils analysis as part of their acknowledgement that the EIS could be waived. A copy of the recent Phase I Environmental Analysis has been attached for your review of the Soils Analysis Under Section 10.02.02.A.7.C, non - sensitive lands can qualify for exemptions from preparing an EIS. The site has been altered through past usage, prior to adoption of the code. The proposed rezoning and future development of the property for residential purposes will not fiuther degrade the environmental quality of the site, or surrounding areas. Furthermore, all native vegetation has been removed from the site, and in its continued state, will not provide for any opportunity for natural regeneration. In accordance with the criteria in Section 10.02.02.A.7 of the LDC, we qualify for an exemption (waiver) from filing an EIS with the rezoning application. Please contact me if there are any questions. - V0B\WQ - CSS\WA\W L502161. dDc Sincerely, D. Wayne Arno (239) 947 -1144 ■ FAX (239) 947 -0375 ■ E -Mail: engineering®gradyminor.com 3800 Via Del Rey ■ Bonita Springs, Florida 34134 -7569 ■ EB /LB 0005151 Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers ■ Land Surveyors ■ Planners MARK W. MINOR P.E. NORMAN J. TREBILCOCSC, A I.C.P., P.E. C. DEAN SMITH, P.E. DAVID W. SC 3I = P.E. MICHAEL J. DELATE, P.E. MATTHEW J. HERMANSON, P.E. MICHAEL T. HERRERA., P.B Mr. Robert M. Skebe U.S. Postal Service 1200 Goodlette Road Naples, Florida 34102 -9998 RE: Manchester Square PUD, Livingston Road, Collier County Dear Mr. Skebe: February 24, 2005 Agenda Item No. 8E December 13, 2005 Page 36 of 156 D. WAYNE ARNOLD, AI.C.P. ROBERT "BOB" THINNES, A.I.C.P. THOMAS J. GARRIS, P.S.M. STEPHEN V. BURGESS, P.S.M. ALAN V. ROSEMAN CHRISTOPHER C. HAYES, P.E. IVY WYLIE, P.E. RE- SUBMITTAL PUDZ- 2005 -AR -7299 PROJECT #2005010032 DATE: 6/ZI/o5 KAY DESELEM Please find enclosed an aerial exhibit with the location of a parcel of land that is the subject of a °- PUD Rezone being submitted to the County for approval. If approved, the PUD will consist of 148 dwelling units, mostly multi family. We are respectfully requesting your office to provide our office with a letter stating, "I have no objection to the request by Q. Grady Minor & Associates, P.A. for the rezone of the aforementioned parcel of land." Unit addresses will be assigned by Collier County at the time of subdivision or site plan approval. If you have any questions or need of any additional information, please do not hesitate to contact our office. 2crS', ely, Lin, enhour p Enclosure (239) 947 -1144 ■ FAX (239) 947 -0375 ■ &Mail: engineering®gradyminor.com 3800 Via Del Rey ■ Bonita Springs, Florida 34134 -7569 ■ EB /LB 0005151 F:IIOBiWCI - CSSW50=41-doc Agenda Item No. BE December 13, 2005 Page 38 of 156 MANCHESTER SQUARE PUD LOCATED IN SECTION 12, TOWNSHIP 49, RANGE 25, COLLIER COUNTY, FLORIDA EXHIBIT D LOCATION MAP 21 Q 23 V7 NAPLES - IMMOKALEE RD, (C.R. 846) a d � � r 29 28 ¢ 27 26 25 zo 30 28 27 28 E ti Fa- Z J 34 35 36 31 33 34 > 33 w 35 VANDERBILI BEACH ROAD d ci > a d � ce Q J 5, 4 U7 3M 2 6 5 o � z T �' I w x z u i o Q K J J � a of 0 o z d rL ,3 C3 9 10 R 11 a 12 8 J PIP _ RIDGE ROAD (C.R. 896) 16 15 14 13 18 a in GREEN BOULEVARD j Z y Jm 22 F23 °1 24 > 19 w 21 22 21 a J Z GOLD ` -N 23 a v as P. Ln GATE d L00002 28 r 27� 26 25 27 Li 8 GOLDEN GATE PARKWAY (C.R. 686) CITY INTE STATE oa - 75 33 Y 35 M 36 31 32 33 35 �i NAPLES 34 rW a RADIO ROAD (C.R. B56) J R � � AIRPORT Agenda Item No. 8E December 13, 2005 Page 39 of 156 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 Ownership PUDZ- 2005 -AR -7299 PROJECT # 2005010032 DATE: 4/8/05 KAY DESELEM 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 Percentage of Ownership 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 Ownership d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and /or limited partners. Application For Public Hearing For PUD Rezone 6/14/04 Agenda Item No. 8E December 13, 2005 Page 40 of 156 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 WCI COMMUNITIES, INC. 24301 WALDEN CENTER DRIVE BONITA SPRINGS, FLORIDA 34134 Date of Contract: AAVf Met Z-� f, f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address g. Date subject property acquired ® leased ❑ Term of lease yrs. /mos. If, Petitioner has option to buy, indicate the following: Date of option: -- Date option terminates: , or Anticipated closing date Application For Public Hearing For PUD Rezone 6/14/04 Agenda Item Flo. 8E December 13, 2005 Page 41 of 156 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. Application For Public Hearing For PUD Rezone 6/14/04 jivision of uoiporations A Agenda Item No. 8E December 13,2005Page I of Page 44 d 156 on� Florida Non Profit COMMUNITY SCHOOL OF NAPLES, INC. . .... ..... .. PRINCIPAL ADDRESS 13275 LIVINGSTON ROAD NAPLES FL 34109 Changed 09/17/2002 MAILING ADDRESS 13275 LIVINGSTON ROAD NAPLES FL 34109 Changed 09/17/2002 Document Number FEI Number Date Filed N99000001998 591920297 03/25/1999 State Status Effective Date FL ACTIVE 06/05/1979 REINCORPORATED Registered Agent Name & Address JOHNSON, KENNETH R 4001 TAMIAMI TRAIL NORTH SUITE 300 NAPLES FL 34103 Officer/Director Detail Name & Address Title KENT, MOE 13275 LIVINGSTON ROAD PD NAPLES FL 34109 STARKEY,ADREA 13275 LIVINGSTON RD NAPLES FL 34109 MCKEAN, PAUL 13275 LIVINGSTON RD TI) FF NAPLES 17L 34109 BYRNES, RANDY SD .3275 LIVINGSTON RD division of Corporations 1 NAPLES FL 34109 JOHNSON, KENNETH R 4001 TAIvI]Ahfl TRAIL NORTH #300 ASV NAPLES FL 34109 LEN, PAUL H 13275 LVINGSTON RAOD NAPLES FL 34109 Amual Reports Agenda Item No. 8E December 13, 2005Page 2 of Page 43 of 156 Report Year 2002 Filed Date 010? 3 2'004 04)05 `20014 q* j , S .6 No Events No Name History Information Document Images Listed below are the images available for this filing- S REP AVM P VP1T'\-5Mt):?kff DTTC 0r--n THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT 2004 NOT - FOR - PROFIT CORPORATION ANNUAL REPORT DOCUMENT# N99000001998 Entity Name: COMMUNITY SCHOOL OF NAPLES, INC. Current Principal Place of Business: 13275 LIVINGSTON ROAD NAPLES, FL 34109 Current Mailing Address: 13275 LIVINGSTON ROAD NAPLES, FL 34109 FEI Number: 59- 1920297 FEI Number Applied For ( ). Name and Address of Current Registered Agent: JOHNSON, KENNETH R 4001 TAMIAMI TRAIL NORTH SUITE 300 NAPLES, FL 34103 US Agenda Item No. 8E December 13, 2005 FILED Page 44 of 156 Seereta0ry'of State New Principal Place of Business: New Mailing Address: FEI Number Not Applicable ( ) Certificate of Status Desired ( ) Name and Address of New Registered Agent: The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date OFFICERS AND DIRECTORS: ADDITIONSICHANGES TO OFFICERS AND DIRECTORS: Tltle: PD ( ) Delete Title: PD (X) Change ( ) Addition - -Name: STRANAHAN, DUANE JR. Name: KENT, MOE dress: 4001 TAMIAMI TRAIL NORTH 4301. Address: 13275 LIVINGSTON ROAD.' .y -St -Zip: NAPLES, FL 34103 City -St Zip: NAPLES, FL 34109 Title: VD () Delete Title: VD ()Q Change () Addition Name: SUTTON, KERMIT Name: STARKEY, ADREA Address: 13275 LIVINGSTON RD Address: 13275 LIVINGSTON RD City -St -Zip: NAPLES, FL 34109 City -St -Zip: NAPLES, FL 34109 Title: TD () Delete Title: TD (X) Change ( ) Addition Name: RICH, LARRY Name: MCKEAN, PAUL Address: 13275 LIVINGSTON RD Address: 13275 LIVINGSTON RD City-St-Zip: NAPLES, FL 34109 City -St -Zip: NAPLES, FL 34109 Title: Name: SD ( ) Delete CRONACHER, JACKIE Title: SD (X) Change ( ) Addition Address: 13275 LIVINGSTON RD Name: Address: SYRNES, RANDY 13275 LIVINGSTON RD City-St -Zap: NAPLES, FL 34109 City-St -Ztp: NAPLES, FL 34109 Title: Name: ASV ( ) Delete JOHNSON, KENNETH R Title: ( ) Change () Addition Address: 4001 TAMIAMI TRAIL NORTH #300 Name: Address: City -St -Zip: NAPLES, FL 34109 City -St -Zip: Title: Name: () Delete Title: D ( ) Change (X) Addition Address: Name: ALLEN, PAUL H Clty -St -Zip: Address: 13275 LVINGSTON RAOD City-St -Zip: a NAPLES, FL 34109 I hereby certify that the information supplied with this filing does not qualify for the for the exemption stated in Section 119.07(3)(i), Florida Statutes. I further certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 617, Florida Statutes; and that my name appears FA—ve, or on an attachment with an address, with all other like empowered. AATURE: KENNETH R JOHNSON ASV 04/05/2004 Electronic Signature of Signing Officer or Director Date Agenda Item No. 8E December 13, 2005 Page 45 of 156 JON VOLLMER (D) 13275 LIVINGSTON ROAD NAPLES, FL 34109 KERMIT SUTTON (D) 13275 LIVINGSTON ROAD NAPLES, FL 34109 KRISTY KNUDSEN (D) 13275 LIVINGSTON ROAD NAPLES, FL 34109 DAWN IRVING (D) 13275 LIVINGSTON ROAD NAPLES, FL 34109 MARILYN FISCHER (D) 13275 LIVINGSTON ROAD NAPLES, FL 34109 LU DRACKETT (D) 13275 LIVINGSTON ROAD NAPLES, FL 34109 LEO CULLINAN (D) 13275 LIVINGSTON ROAD NAPLES, FL 34109 EDWARD CHEFFY (D) 13275 LMNGSTON ROAD NAPLES, FL 34109 3ivision of Corporations Agenda Item No. 8 a e 1 of December 13, 200 g Page 46 of 156 Florida Non Profit COMMUNITY SCHOOL OF NAPLES, INC. PRINCIPAL ADDRESS 13275 LIVINGSTON ROAD NAPLES FL 34109 PUDZ- 2005 -AR -7299 Changed 09/17/2002 PROJECT # 2005010032 DATE: 4/8/05 MAILING ADDRESS KAY DESELEM 13275 LIVINGSTON ROAD NAPLES FL 34109 Changed 09/17/2002 Document Number FEI Number Date Filed N99000001998 591920297 03/25/1999 State Status Effective Date FL ACTIVE 06/05/1979 REINCORPORATED istered Aeent Name & Address JOHNSON, KENNETH R 4001 TANUAMI TRAIL NORTH SUITE 300 NAPLES FL 34103 Officer/Director Detail p: / /ccfcorp. dos. state. fl. us / scripts/ cordet. exe? a1= DETFTT,& nl= N99000 01144R�n�— NO���xtne,,,� =nnnn t /tni�nn. division of Corporations NAPLES FL 34109 JOHNSON, KENNETH R 4001 TAMIANU TRAIL NORTH #300 NAPLES FL 34109 ALLEN, PAUL H 13275 LVINGSTON RAOD NAPLES FL 34109 Annual Reports .ASV 1) Agenda Item No. 8E December 13,2005Page 2 of Fade 47 of 156 Report Year Filed Date F 2002 091 20013 04/16,1003 20C4 G4,105,;2-004 vq' 016( No Events No Name History Information Document Images Listed below are the images available for this filing. E04/105/2CP04 — L/ I 04, / 1 6/M03 -- ANNUAL. REPORT 09/17/20022 -- COR - A3��TN-UE�U—N-IF09XBUS REP 01/29/2001 —ANN REI'VUNIFORM BUS REP 04/25/2000 -- ANN REWUNIFORM BUS REP 0�ZEI 999 —.T?,P;VqSs1C —Nor)-Profit THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT tine ctnt,. +i lie fer.14,fe lrr%rd f =1.T00t1nnnn1 00Q V— —XT A 1kTV'11r1-% 0--l—nAnn a. 1 2004 NOT - FOR - PROFIT CORPORATION ANNUAL REPORT December 13, 2005 FILED Page 48 of 156 DOCUMENT## N99000001998 Apr Secretarry y of f State Entity Name: COMMUNITY SCHOOL OF NAPLES, INC. Current Principal Place of Business: New Principal Place of Business: 13275 LIVINGSTON ROAD NAPLES, FL 34109 Current Mailing Address: 13275 LIVINGSTON ROAD NAPLES, FL 34109 FEl Number: 59- 1920297 FEI Number Applied For ( ) Name and Address of Current Registered Agent: JOHNSON, KENNETH R 4001 TAMIAMI TRAIL NORTH SUITE 300 NAPLES, FL 34103 US New Mailing Address: F£I Number Not Applicable ( ) Certificate of Status Desired ( ) Name and Address of New Registered Agent: The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date OFFICERS AND DIRECTORS: ADDITIONSICHANGES TO OFFICERS AND DIRECTORS: Title: PD ( ) Delete Title: PD (X) Change ( ) Addition Name: -' STRANAHAN, DUANE JR. Name: KENT, MOE \ddress: 4001 TAMIAMI TRAIL NORTH #301 Address: 13275 LIVINGSTON ROAD ity -St -Zip: NAPLES, FL 34103 City-St-ZIP: NAPLES, FL 34109 Title: VD ( ) Delete Title: VD (X) Change ( ) Addition Name: SUTTON, KERMIT Name: STARKEY, ADREA Address: 13275 LIVINGSTON RD Address: 13275 LIVINGSTON RD City -St- Zip: NAPLES, FL 34109 City -St -Zip: NAPLES, FL 34109 Title: TO ( ) Delete Title: TD (X) Change ( ) Addition Name: RICH, LARRY Name: MCKEAN, PAUL Address: 13275 LIVINGSTON RD Address: 13275 LIVINGSTON RD CRY -St -Zip: NAPLES, FL 34109 City -St -Zip: NAPLES, FL 34109 Title: SD () Delete Title: SD (X) Change () Addition Name: CRONACHER, JACKIE Name: BYRNES, RANDY Address: 13275 LIVINGSTON RD Address: 13275 LIVINGSTON RD City -St -Zip: NAPLES, FL 34109 City-St-Zip. NAPLES, FL 34109 Title: ASV ( ) Delete Title: ( ) Change () Addition Name: JOHNSON, KENNETH R Name: Address: 4001 TAMIAMI TRAIL NORTH #300 Address: City -St -Zip: NAPLES, FL 34109 City -St -Zip: Title: () Delete Title: D () Change (X) Addition Name: Name: ALLEN, PAUL H Address: Address: 13275 LVINGSTON RAOD City -St -Zip: Clty -St -Zip: NAPLES, FL 34109 I hereby certify that the information supplied with this filing does not qualify for the for the exemption stated in Section 119.07(3)(i), Florida Statutes. I further certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 617, Florida Statutes; and that my name appears above, or on an attachment with an address, with all other like empowered. NATURE: KENNETH R JOHNSON ASV 04/05/2004 Electronic Signature of Signing Officer or Director Date Agenda Item No. SE December 13, 2005 Page 49 of 156 JON VOLLMER (D) 13275 LIVINGSTON ROAD NAPLES, FL 34109 KERMIT SUTTON (D) 13275 LIVINGSTON ROAD NAPLES, FL 34109 KRISTY KNUDSEN (D) 13275 LIVINGSTON ROAD NAPLES, FL 34109 DAWN IRVING (D) 13275 LIVINGSTON ROAD NAPLES, FL 34109 MARILYN FISCHER (D) 13275 LIVINGSTON ROAD NAPLES, FL 34109 LU DRACKETT (D) 13275 LIVINGSTON ROAD NAPLES, FL 34109 LEO CULLINAN (D) 13275 LIVINGSTON ROAD NAPLES, FL 34109 EDWARD CHEFFY (D) 13275 LIVINGSTON ROAD NAPLES, FL 34109 Agenda Item No. 8E December 13, 2005 Page 50 of 156 JON VOLLMER (D) 13275 LIVINGSTON ROAD NAPLES, FL 34109 KERMIT SUTTON (D) 13275 LIVINGSTON ROAD NAPLES, FL 34109 KRISTY KNUDSEN (D) 13275 LIVINGSTON ROAD NAPLES, FL 34109 DAWN IRVING (D) 13275 LIVINGSTON ROAD NAPLES, FL 34109 MARILYN FISCHER (D) 13275 LIVINGSTON ROAD NAPLES, FL 34109 LU DRACKETT (D) 13275 LIVINGSTON ROAD NAPLES, FL 34109 LEO CULLINAN (D) 13275 LIVINGSTON ROAD NAPLES, FL 34109 EDWARD CHEFFY (D) 13275 LIVINGSTON ROAD NAPLES, FL 34109 RE-SUBMTATA,L Item No. 81= PUDZ- 20051 X913, 2005 PROJECT #2005Of6bk 51 of 156 DATE: 6/21/05 KAY DESELEM COVENANT OF UNIFIED CONTROL The undersigned do hereby swear or affirm that they are the fee simple titleholders and owners of record of commonly known as Folio Number 00256320000. 13275 Y. ;,,, -_- �4;._ "_ _ property (Street address and City, State and Zip Code) and legally described in Exhibit A attached hereto. The property described herein is the subject of an application for planned unit development (PUD) zoning. We hereby designate Q. Grady Minor and Associates P . Goodlette Coleman and Johnson Communities Inc legal representative thereof, as the Legal representatives of the property P A end WCI individuals are authorized to legally bind all owners of the roe he and as such, these to develop. This authori property riy in the course of seeking the necessary approvals ty includes, but is not limited to, the hiring and authori zation of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County. The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project: 1. The property will be developed and used in conformity with the approved master plan including all conditions placed on the development and all commitments agreed to by the applicant in connection with the planned unit development rezoning. 2. The legal representative identified herein is responsible for compliance with all terms, conditions, safeguards, and stipulations made at the time of approval of the master plan, even if the property is subsequently sold in whole or in part, unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County. 3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, or safeguards provided for in the planned unit development process will constitute a violation of the Land Development Code. 4. All terms and conditions of the planned unit development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the planned unit development must be consistent with those terms and conditions. 5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel compliance. The County will not issue permits, certificates, or licenses to occupy or use .any part of the planned unit development and the County may stop ongoing construction activity until the project is brought into compliance with all terms, conditions and safeguards off1�hhe Tanned unit dev+ o went. Owner Owner Printed Name e-s� 12t Printed Name STATE OF FLORIDA) COUNTY OF COLLIER) Sworn to (or affirm ed) and subscribed before me this \ �f �O L_ day of 2005 by _ho is personally mown to me os has produced as identifications Notary"Pu lic (Name typed, printed or stamped) �" BRANDY & RASCHKE MY COMMISSION 9 DD 158976 EXPIRES: February 16, 2007 Bonded Thm 9udgel Notary Senrices (Serial Number, if any) N ' Agenda Item No. 8E December 13, 2005 Page 52 of 156 EXHIBIT "A" LEGAL DESCRIPTION (MANCHESTER SQUARE P.I.I.D.) A PARCEL OF LAND MMATED IN SECTION 12, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE 'PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 12, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER couNw, FLORIDA: THENCE ALONG THE NORTH LINE OF SECTION 12, N 89'33'49"W FOR 275.07 FEET TO THE WEST, kIGHr-OF- WAY LINE OF LIVINGSTON ROAD, AS RECORDED IN OFFICIAL RECORDS BOOK 3179, PAGE 43, AN I D . 3179. PAGE 35 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA ALSO BEING THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE LEAVING THE SAID NORTH LINE AND PROCEEDING ALONG THE SAID WEST RIGHT-OF-WAY LINE THE FOLLOWING THREE (3) DESCRIBED COURSES: 1) THENCE S 00.5(Y38- E FOR 1033.33 FEET; 2) THENCE S 10-27'01" W FOR 51.06 FEET; 3) THENCE S 00. 50-38* E FOR 642.82 FEET; THENCE LEAVING THE SAID WEST RIGHT-OF-WAY, N 89°3347- W FOR 304.41 FEET TO A POINT OF CURVATURE; THENCE 223.84 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE RIGHT, HAVING A RADIUS OF 286,00 FEET, THROUGH A CENTRAL ANGLE OF 45'00'00' AND BEING SUBTENDED BY A CHORD WHICH BEARS N 67'03'47' WEST FOR 218.13 FEET, TO A POINT OF TANGENCY; THENCE N 44'33`47' W FOR 156.37 FEET TO A POINT OF CURVATURE; THENCE 302.38 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS OF 385.00 FEET, THROUGH A CENTRAL ANGLE OF 45`00'00" AND BEING SUBTENDED BY A CHORD WHICH. BEARS N 87.03'47" WEST FOR 294.67 FEET, TO A POINT OF TANGENCY LYING ON THE SOUTH LINE OF THE NORTH 1/2 OF THE NORTHEAST 114 OF SAID SECTION IZ THENCE ALONG THE SAID SOUTH LINE, N 69-33-47- W FOR 201.94 FEET TO THE SOUTHWEST CORNER OF THE NORTHEAST 114 OF THE NORTHEAST 1/4 OF SAID SECTION 12; THENCE ALONG THE WEST LINE OF THE EAST 112 OF THE NORTHEAST 114 OF SAID SECTION 12, N 00-I3'291 w FOR 1319.31 FEET, TO A POINT ON THE SAID NORTH LINE; THENCE ALONG THE SAJID NORTH LINE, S 89*33'49'E FOR 1079.56 FEET TO THE POINT OF OF-IGININING OF THE PARCEL DESCRIBED HEREIN. CONTAINING 1,608,04 SQUARE FEET OR 36.9 ACRES q-. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD! BEARINGS ARE BASED ON THE F QfjPA STATE PLANE COORDINATE SYSTEM, EAST ZONE, 1983 NORTH AMERICAN DATUM, (I 999),ADiii I vim AND NOT 9L)D WITHOUrFW—WaNATURE AND THE ORIGINAL RAISED BEAL OF A FLORIDA LICENSED SURVEYOR 2ND RE -SU> tTUJLem No. 8E PUDZ - 2005 -rte er 13, 2005 PROJECT #200riao of 155 DATE: 8/22/05 KAY DESELEM MANCHESTER SQUARE RPUD DEVIATIONS AND JUSTIFICATIONS 1. Request a deviation from LDC Section 6.06 and Appendix B, which requires a 60' wide local road right -of -way to permit a minimum 40' wide road right - of -way width. This deviation is appropriate for an infill project of this size. All travel lanes, utilities and sidewalks can be adequately accommodated within this 40' wide cross - section. The site has physical constraints given the presence of the 235' wide FP &L right -of -way corridor parallel to Livingston Rod. The reduced right -of -way width permits greater internal building location flexibility. A typical 40' wide roadway cross - section is attached and it is consistent with previously approved 40' wide right -of -ways. 2. Request a deviation from Section 6.06.02 of the LDC which requires a 5' wide sidewalk to be constructed on both sides of local streets, to permit project sidewalks to be constructed in accordance with the "Alternative Sidewalk Plan" listed as Exhibit E to the PUD Document. This alternative sidewalk plan has been discussed with Collier County Transportation Staff. The alternative design is justified given the scale of the infill project and the low number of permitted dwelling units. The alternative design will permit safe pedestrian movements throughout the community and to the adjacent publicly accessible pathway system. Request a deviation from LDC Section 4.05, which requires parking for accessory recreational facilities to be provided at 50% of the normal LDC parking requirements when dwelling units are located greater than 300' from the recreational facility, to permit parking for accessory recreational facilities to be provided at 33% of the normal LDC parking requirements, with a minimum of 8 parking spaces located on the amenity site. The proposed project has tentatively planned for a 2,400± square foot clubhouse, a 2,000± swimming pool, and a single tennis court to serve as the recreational/club component of the project. Based on the LDC parking standards, approximately 21 parking spaces would need to be provided on the recreational tract to serve these recreational facilities. The applicant proposes to provide 8± parking spaces on the recreational tract, with additional parking to be provided within a portion of the Florida Power and Light easement, located approximately 200± feet from the recreational amenity area. The proposed standard is sufficient to meet the proposed parking demands. Manchester Square RPUD will have a mixture of single - family Deviations.doc Agenda Item No. 8E December 13, 2005 Page 54 of 156 and multiple family dwellings. It is anticipated that nearby all of the single - family dwellings will have their own swimming pool, thereby, reducing the demands on the community pool facility. Further, the recreational - amenity is centrally located to most of the multiple - family areas of the site and a pedestrian pathway links these areas to the recreational amenity. Deviations.doc Agenda Item Flo. 8E December 13, 2005 Page 55 of 156 PUD Rezone Considerations (LDC Section 10.02.13.B) The Manchester Square Residential Planned Unit Development proposes a maximum of 148 residential dwelling Units on 36.9± acres. The property lies immediately adjacent to the campus of the Community School of Naples. Access to the project is from Livingston Road. The Manchester Square project will include a variety of residential dwelling unit types including conventional single - family dwellings, attached single family and townhomes. The project will have a recreation facility on -site, which will provide residents with private swimming pool, clubhouse, and other traditional residential amenities. 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 property is located in the Urban Mixed Use Residential Sub - district on the Future Land Use Map, which permits residential development at a density consistent with that proposed in the Manchester Square RPUD. Immediate surrounding properties include property developed as the Community School of Naples, as well as land presently utilized as a citrus grove. All contiguous properties are designated for urban levels of development. The site has access to the newly extended Livingston Road corridor, and has existing urban services available at the property. The site has been extensively altered from past agricultural use and the site is traversed by an FPL power line easement. The application materials provide an analysis of water, sewer, traffic and drainage and note no anticipated level of service issues as a result of the Manchester Square RPUD. 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 documents submitted with the application provide evidence of unified control. The RPUD document includes standard language which addresses the continued operation and maintenance of common areas with the RPUD. RE- SUBMITTAL - - PUDZ- 2005 -AR -7299 PROJECT #2005010032 DATE: 6/21/05 KAY DESELEM Agenda Item No. 8E December 13, 2005 Page 56 of 156 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. The Statement of Compliance located in the PUD document discusses consistency with the Collier County Growth Management Plan. Generally, the proposed residential project at a maximum density of four (4) dwelling units per acre is consistent with the density rating system of the Future Land Use Element 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. The proposed residential development is compatible with the surrounding land use pattern. The internal arrangement of the proposed residential dwelling units, access points and project buffers are consistent with the Land Development Code and sound planning principles with respect to urban infill development. S. The adequacy of usable open space areas in existence and as proposed to serve the development. The Manchester Square RPUD, will provide open space areas which meet or exceed the Land Development Code requirements for this type of land use. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The proposed timing of development will be required to be consistent with the County's concurrency management system in effect at the time development order approvals are granted. At the time of application, there are no known deficiencies of the surrounding infrastructure system. The ability of the subject property and of surrounding areas to accommodate expansion. At the filing date of the zoning application there are no plans to expand the boundaries of the proposed Manchester Square RPUD, although there are vacant agricultural lands adjacent to the property. Agenda Item fro. 8E December 13, 2005 Page 57 of 356 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. The proposed RPUD includes development standards and conditions which are consistent with other similar types of residential planned developments which have been constructed in the urban area of Collier County. Book 1053 - Page 1720 @,, 11F b 3 ji to @r 04 wh ,rr d CM ,T Agenda Item No. 8E December 13, 2005 Page 58 of 156- age 1 of pwM` w `'"'� n is nex R�n�cA Korut a4 0 IIddL"!':jj 'W"a l�fi1,►e A 30th d y -1 NOVeMber A. 0, 10 83 �r RfiMT 8. 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I��Ii�a,•n«.wr..:....� ___ /__• C* r7 d Cli W 4 W `w fV RE- SUBMITTAL PUDZ- 2005 -AR -7299 PROJECT #2005010032 DATE: 6/21/05 KAY DESELEM Collier County Clerk of the Circuit Court:: Document Details .Print 'S Collier county CLERK OF THE CIRCUIT COURT Recorded Date: 11/30/1983 12:00:00 PM Instrument #: 0844279 Book Type: OR Book: 1053 Page: 1720 Page Count: 2 Doc Type: DEED Case Number(s): Amount: 0 Comments: SEC 12 -49 -25 PAR 1 2 SE POB ETC From: SEIPP ROBERT S TR To: COMMUNITY SCHOOL OF NAPLES INC ,agenda Item No. 8E December 13, 2005Page 1 of Page 59 of 156 Agenda Item Flo. BE December 13, 2005 Page 60 of 156 Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers ■ Land Surveyors ■ Planners MARK W. MINOR, P.E. - ,;�,} D. WAYNE ARNOLD, A.I.C.P. NORMAN J. TREBILCOCK, A.I.C.P., P.E. r -ItO ERT'BOW THINNES, A.I.C.P. C. DEAN SMITH, P.E. �j THOMAS J. GARRIS, P.S.M. DAVID W. SCHMITT ! , P.E. JUN 1 3 !& M. STEPHEN V. BURGESS, P.S.M, MICHAEL J. DELATE, P.E. ALAN V. ROSEMAN MICHAEL T. HERRERA, P.E. JEFFREY S. CURL, ASLA, RLA WILSON A. GARCIA, P.E. June 10, 20 - - ` IVY WYLIE, P.E. RE: MANCHESTER SQUARE RPUD, PUDZ - 2005 -AR -7299 Dear Property Owner: Please be advised that D. Wayne Arnold, AICP, of Q. Grady Minor & Associates, P.A., representing WCI Communities, Inc. and Richard Yovanovich, of Goodlette, Coleman & Johnson, representing The Community School of Naples and WC] Communities, Inc., have made a formal application to Collier County to request a rezone from the (A) Agricultural zoning district to the Residential Planned Unit Development (RPUD) zoning district for property located at 13275 Livingston Road, immediately north of the Community School of Naples. The proposed zoning change would allow development of a residential community to be known as Manchester Square RPUD with a maximum of 148 dwelling units and accessory uses. The proposed project consists of 36.9± acres located on the west side Livingston Road, approximately 1/2 mile north of Pine Ridge Road, in Section 12 Township 49 South, Range 25 East Collier County, Florida. In order to provide you an opportunity to become fully aware of our intention to develop the described property as indicated above and to give you an opportunity to provide comment regarding the development intended, we are holding a Neighborhood Information meeting on June 21, 2005, 5:30 P.M. at Hawthorn Suites, Naples Florida, 3557 Pine Ridge Road, Naples, FL 34109. At this meeting we will conceptually illustrate how we intend to develop the property. Sincerely, ....� r D. Wayne Arnold, AICP Notification of Neighborhood Meeting for Rezoning (239) 947 -1144 ■ FAX (239) 947 -0375 ■ E -Mail: engineering®gradyminor.com 3800 Via Del Rey ■ Bonita Springs, Florida 34134 -7569 ■ EB /LB 0005151 Agenda Item No. 8E December 13, 2005 Page 61 of 156 J n 34 35 CO 36 31 cy- U VANDERBIL BEACH ROAD ry a Q Q � Q W o `O 2 3 C L 6 IC H Q si � f ~ z w ry a a � Q LD 10 11 Q 12 7 w -J H PINE RIDGE ROAD (C. R. 896) N N N m N 8 N +y C7 Agenda Item No. 8E December 13, 2005 Page 62 of 156 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE DEPT. OF ZONING & LAND DEVELOPMENT REVIEW NAPLES, FLORIDA 34104 WWW.COLLIERGOV.NET (239) 403 -2a ^^ C ^v 17:Zal 643 -6968 PUDZ- 2005 -AR -7299 PROJECT # 2005010032 DATE: 4 /8/05 KAY DESELEM PRE - APPLICATION MEETING NOTES 't3 Reorl lii t0 Pl R2r A i.,6 7777 5,1- gyp,r Date: i=�2Z 5_ Time: fs Firm:--Q. `100th =kl_�� I2S.LC _ -- T U111 Project Name: Applicant Name: Owner Name:_s` 5 10(5¢r _ __ -- _- _-- --- - -- - ��am�,(," CF- ' Phone: - -_�-� Owner Address:_ = ----- __�___ ______City__-- __�State�— _MZIP_ Assigned Planner -_ �-- �� QC E-� [_.ivy 5 Mfing AndesattaF�:i9 Iq;She>< - I-o -� Y10� Ala... Submittal Requirements (refer to application for additional requirements) 24 Copies of the following: ([91A1 additional set if located in the Bays hore jGateway Triangle Redevelopment Area) ful Ind Completed Application tktxunloou cur {{--+gym Pre - application Meeting Notes Conceptual Site Plan 24X 36" and One 8 %z X 1 1 " copy PUD document and Master Plan plus one 24" x 36" copy of the Master Plan 2 Copies of the following: Deeds /Legals & Survey (lf boundary of original PUD is amended) List identifying .Owner & all parties of corporation Owner /Agent Affidavit signed & notarized o So?0� c, Completed Addressing Checklist o()a1, � ��- seen-4-eS 4 Copies of the following: =waiver' r,�,.j , =J Environmental Impact Statement (EIS K(A Historical Survey or waiver request s FPL ea5eo a�on Utility Provisions Statement Architectural rendering of proposed structures Architectural Review required Survey, signed & sealed NpP\kcani -+D 1(vc5 0.ccQ5 Seven (7) Traffic Impact Statement (TIS) {� OC_La�oL Fes« 7\S> - Agenda Item No. 8E Five (5) copies of Recent Aerial Photograph mines m ar 1 2105 One (1) Electronic copy of all documents in Word format and plans (C Rom or Diskette) �A�� One (1) Letter of no objection from the United States Po at (239) 435 -2122. stal Service. Contact Robert M. Skebe Fees: Application Fee: $10,000 (PUD Rezone) + $25 per acre (or fraction thereof) ❑ $8,000 (PUD to PUD) + $25 per acre (or fraction thereof) ❑ $6,000 (PUD Amendment) + $25 per acre (or fraction thereof) $150.00 Fire Code Review $2,250.00 Comprehensive Planning Consistency Review $500.00 Pre - application fee (Applications submitted 9 months or more after the date of the last pre -app meeting shall not be credited towards application fees and a new pre- application meeting will be required. j� $729.00 Legal Advertising Fee for CCPC meeting (to be reconciled upon receipt of Invoice from Naples Daily News). $363.00 Legal Advertising Fee for BCC meeting ❑ $1600.00 Environmental Impact Statement review fee �] Property Owner Notification fees. Property Owner Notifications $7.00 Non - certified; $3.00 Certified return receipt mail ( to be paid after receipt of invoice from Dept. of Zoning & Development Review) Fee Total 1S T ?� ��'� 196(e5s 10 � ( f0 (/9 2.2.2..3.5 - - - �oJrde S7fI �n�`�s� ae <<z� ,�- ced es Wo 40 IN - w\ cam'+. �. -'+-�- a-- y`►�a �c o_.+._ti -�. v-.c `" GACurrent%Pre -App forms\PUD pre- app.doc Revised January 11, 2005 OWN Details �I Current Ownershi Folio No.11 00256320000 Map, I Property Address 113634 LIVIN Owner Name COMM SCHOOL OF NAPLES INC AddressesH 13275 LIVINGSTON RD Cityll NAPLES State FL tZ ay Za trumm st I-NK VF stc, N RD Agenda Item No. 8E December 13, 200$age 1 of Page 64 of 156 34109- RUN N 89 DEG W 1385.92FT, N 75FT TO POS, CONT N 1245.24FT, S 89 DEG E 'For more than four lines of Legal Description phase call the Property Appraiser's Office. � Section Township —Range - - -� Acres Map No. Strap No, - j L 12 � 49 25 110.29 4Al2 492512 0322..00- 00044Al2 Sub No 100 ACREAGE HEADER ? M lase Are9 )pg$ L ` Us -e Code 72 INSTITUTIONAL �C 47 `- 12.8115 2004 Final Tax Roll Land Value $ 9.869,246.00 ( +) Improved Value $ 9,541,774.00 (-) Market Value $ 19,411,020.00 ( -) SON Exempt Value $ 0.00 (- ) Assessed Value $ 19,411.020.00 ( -� Homestead and other Exempt Value $ 19,411,020.00 (_) Taxable Value $ 0.00 bun = bave vur homes- exempt vawe aue to cap on assessment increases. Latest Sales History Date Book - Page Amount 1111983 103-1720 A $ 376,800.00 The Information is Updated Weekly. httn: / /www ctn11iernnnraicPr nnm/RPi-nrrlTlPtn;1 oor.�l~.,l;,,m_nnnnnnn�cc��nnnn Agenda Item No. 8E December 13, 2005 DeselernKay Page 65 of 156 Subject: Pre -app PUD - Sharon Umpenhour, Agent Kay Deselem, Plannner Location: cds -c Start: Wed 1/12/2005 1:15 PM End: Wed 1/1212005 2:15 PM Recurrence: (none) Meeting Status: Accepted Required Attendees: CDS -C; DeselemKay; AblerKenneth; HillWes; PodczerwinskyJohn; wiley_r, CasalanguidaNick; ElUrfaliAlan; scoff d; mullet r; chrzanowski_s; HeathGlenn; weeks—d; bedtelyon_I; sanchezcristina; siemion_n Pre -app PUD rezone - Sharon Umpenhour, Agent 947 -1144, representing Q. Grady Minor and Associates, Folio Number 00256320000 for property located at 13275 Livingston Road/ zoned A and CF. i Agenda Item No. BE December 13, 2005 Page 66 of 156 1030 ry l .. - .nYk/NOJSfNINII.FI1D -. . ... �Z Oi- 3 � �,,.�,�j�Ps� e. tn3r3sv3 •i • a'a -- = - - n f� 9 i a$� CL -- - 1 E 1 I I I 1 I a ai Iwruonu0 I ° i ar Z 1 79 ._ _ ____ � I � m I�It io a.� oo-vay az-•t n,� - a '7= / I a zw 1=w =,ti n -a i ii 7y iy € 11% wm l ii Kin i�G•-mti•liii: 1 .. I a • � t_t1 -m w -z.� l ♦ w�fs bkC -w -•fY 1 x -w -• iu -•cw i 1. I -•t ' 1 �_. _. —___. _.. _...,...._... ... _uan •wee ' -� I > - -- W 1 I K - - - - - -- - - - - -- -- W may- .. `�� 1•.� o Z „ _ f , 14:1 _ I 1 � pn At N! i Ln V) u M M Z 0 A . ... ......... .. .. it iii Agenda Item No. BE December 13, 2005 Page 67 of 156 ------------------- L 1 0 a FY .h. L. EASEWNT v C b wi z > GGEDI a 00 Cif ENO z G FA Z E 2 O W W a {{{z V W_ O a a I I l t •� I r� N C I GJ � LLF v v 0 CL O a, � O n •� L •O E O w A v) w y— O > a � E �, L CL CL -a w rd M. 'cts 0 rs. lo r6 Cl w I W M Z �I Z W Z z Ln u � n Agenda Item No. SE De ember 13, 2005 156 9 M Cl! ID N O �0p0 y O N d_ a� s N C C y W V1 y Q 5 �.7 N N LLF v v 0 � 0 rs. lo r6 Cl Cd r LLI O O 0 Q J W CA N �! l 9 M Cl! ID N O �0p0 y O N d_ a� s N C C y W V1 y Q 5 �.7 Agenda Item No. 8E December 13, 2005 Page 69 of 155 PHASE I ENVIRONMENTAL SITE ASSESSMENT REPORT FOR THE 36.8 ACRE COMMUNITY SCHOOL SITE NAPLES, COLLIER COUNTY, FLORIDA PUDZ- 2005 -AR -7299 PROJECT # 2005010032 DATE: 418105 KAY DESELEM WCl Communities, Inc. ATTN: Ms. Laura Sargeant 24301 Walden Center Drive Bonita Springs, Florida 34134 September, 2004 Prepared By: Water Resource Solutions, Inc. 428 Pine Island Road S.W. Cape Coral, Florida 33991 PROJECT NUMBER 01-04860-El D4860communitysehod Water Rec me Solutions, Inc. Agenda Item No. 8E December 13, 2005 Page 70 of 156 Water Resource Solutions 428 Pine Island Road SW . Cape Coral, Florida 33991 239 574 -1919 Fax: 239 574 -8106 September 23, 2004 WCI Communities, Inc. ATTN: Ms. Laura Sargeant 24301 Walden Center Drive Bonita Springs, Florida 34134 Subject: 36.8 Acre Community School Site North Naples, Collier County, Florida Water Resource Solutions Project #01- 04860.E1 Dear Ms. Sargeant: In accordance with your authorization e -mail, Water Resource Solutions, Inc. has performed a Phase I Environmental Site Assessment (ESA) on the subject site. The subject site is located approximately one mile north of Pine Ridge Road on the west side - of Livingston Road. The site, consisting of 36.8 acres of land, is an abandoned farm field. According to the historical review, the site has been farmed since at least the early 1970's. No farm structures or pump stations were identified on the site during the aerial review or site inspection. Observations noted during the off -site survey indicated that properties adjacent to the site were a citrus grove (north), undeveloped land and single family residences (east), the Community School of Naples recreational fields (south), and a citrus grove (west). Water Resource Solutions did not observe on -site or off -site indicators of hazardous substance or petroleum product impacts during the site inspection. Please call me at 574 -1919 Ext. 106 if you have any questions. Sin erely, Donald W. Mayne, CFEA Project Manager Environmental Site Assessments dwm 04mocommunityschooi Water Resource Solutions. Inc. Agenda item No. BE December 13, 2005 Page 71 of 156 TABLE OF CONTENTS 1.0 SUMMARY .... ............................... . ....... 1 2.0 INTRODUCTION ........ , . 2 _ 2.1 Purpose . ............................... ...,... 2 2.2 Special Terms and Conditions ............... . 2.3 Limitations and Exceptions of Assessment 3 2.4 Limiting Conditions and Methodology .................... 3 3.0 SITE DESCRIPTION AND RECONNAISSANCE INFORMATION .... 4 3.1 Location and Legal Description ............... . 3.2 Site and Vicinity Characteristics ........................ 4 3.3 Descriptions of Structures, Roads, and Other Improvements to Site ..... ........................ 4 3.4 Exterior and Interior Observations ................. . 3.5 Information Reported from Interviews .................... 4 3.6 Current Uses of the Property ........................ 6 3.7 Past Uses of the Property ................... . ... 6 3.8 Uses of Adjoining Properties ............... .. , . _ 6 3.9 Indications of Polychlorinated Biphenyls (PCBs) ........... 7 3.10 Indications of Waste Disposal .......................... .... 7 3.11 Physical Setting Analysis ......... . . ... . ........... 7 4.0 . ENVIRONMENTAL RECORDS REVIEW .......... . . 4.1 Standard Environmental Record Sources and Review ................ . 4.2 Physical Setting Sources .............. ..... _ . g 4.3 Review of Historical Sources .......................... , 10 4.3.1 Review of Aerial Photographs .................... 10 4.3.2 Review of Sanborn Fire Insurance Maps ........... 11 4.3.3 Review of Chain of Title 11 4.3.4 Review of City Directories ....................... 11 5.0 FINDINGS AND CONCLUSIONS ............. ...... . 12 6.0 REFERENCES .......... ......................... 13 7.0 SIGNATURE OF ENVIRONMENTAL PROFESSIONAL .......... 14 FIGURE 1. Site Vicinity Map ............... . ..... . ...................... 5 APPENDICES A. Photographs B. Regulatory Agency Search Report C. Parcel Sketch and Aerial Photograph D. Resumes of Participating Professionals 04880oommunkyschoof Water Resource Solutions. Inc. Agenda Item No. 8E December 13, 2005 Page 72 of 156 1.0 SUMMARY The subject site is located on the west side of Livingston Road, approximately one mile north of Pine Ridge Road in northern Collier County. The site consists of approximately 36.8 acres of abandoned farm land. An FP &L overhead electrical easement crosses through the eastern portion of the site near Livingston Road. A review of several historical aerial. photographs_of the site revealed the site has been farmed since the early 1970's. No previous pumping locations or farm buildings were identified on the site. Government agency listings indicated no uses on the site that used, stored, or generated hazardous substances or petroleum products. Observations noted during the off -site survey indicated that properties adjacent to the site were a citrus grove (north), undeveloped land and single family residences (east), the Community School of Naples recreational fields (south), and a citrus grove (west). Water Resource Solutions did not observe on -site or off -site indicators of hazardous substance or petroleum product impacts during the site inspection. 04660c0mmunhysahool 1 Water Resource Solutions, Ma Agenda item No. 8E December 13, 2005 Page 73 of 156 i, 2.0 INTRODUCTION r This report presents the results of a Phase I Environmental Site Assessment (ESA) of the subject site, performed for WCI Communities, Inc. (the client) during the period of September 13 through September 22, 2004. The services performed included limited historical research, a review of specified listings, and a site reconnaissance. Photographs taken during the site reconnaissance and referenced throughout this report are provided in Appendix A. 2.1 Purpose The purpose of the ESA is to estimate the potential, as of the latest site visit and records review, for hazardous substances and petroleum products to exist at the site at levels likely to warrant mitigation pursuant to current local, state, and federal regulations. Estimates and professional opinions of this potential are based upon information derived from the site reconnaissance and from other activities described herein. The most recent site reconnaissance was performed on September 15, 2004. The client is advised that the conditions observed by Water Resource Solutions are subject to change. Indicators of the presence of hazardous substances and petroleum products that were not present or observable at the time of the most recent site reconnaissance may subsequently have become present or observable. The client is the only intended beneficiary of this report because the client is the only party which has been involved in the shaping of the scope of services needed to satisfactorily manage those risks from the client's point of view. With the consent of the client, Water Resource Solutions is available to work with other parties in developing probability estimates given other parties' unique risk management concerns. The scope of work was determined based on the services agreed to by the client at the time the project was initiated. The guidelines used to define "hazardous substances" and "petroleum products" were obtained from the American Society for Testing and Materials (ASTM) Standard of Practice E 1527. For 04860communilyscheol 2 W atw Resource Solutions. Inc. Agenda Item No: 8E December 13, 2005 Page 74 of 156 the purposes of this report, the "vicinity" of the site is defined as properties located within an approximate one quarter -mile radius of the site. 2.2 Special Terms and Conditions The client has requested that an ESA be performed prior to the transaction of the subject property. 2.3 Limitations and Exceptions of Assessment This ESA does not include a radon survey, Chain -of -Title review, a wetlands delineation, or a lead paint survey. This ESA report is based on information obtained from a variety of usually, reliable sources enumerated herein. Water Resource Solutions cannot and does not guarantee the authenticity or reliability of the information it has received from outside sources. This report is not a comprehensive site characterization and should not be construed as such. This report presents opinions which are based on the findings of observable on -site and off -site conditions, a review of specified regulatory records and historical sources, and comments made by interviewees. ESA's, by their nature, are limited. Water Resource Solutions has endeavored to meet the applicable standard of care and, in so doing, is advising the client of ESA limitations. Water Resource Solutions believes this information is essential to help the client identify and manage risks. These risks can be reduced but cannot be completely eliminated through additional research. Water Resource Solutions will, on request, advise the client of the additional research opportunities available, their impact on risk, and their cost. 2.4 Limiting Conditions and Methodology This ESA was not limited by legal or physical access. The site was driven, walked, and visually observed. 04860communityschool 3 Water Resource solutions, IM Agenda Item No. 8E December 13, 2035 Page 75 of 156 3.0 SITE DESCRIPTION 3.1 Location and Legal Description The site location is illustrated on the Site Vicinity Map presented as Figure 1 on the following page. A legal description, parcel sketch, and aerial photograph are provided in Appendix B. 3.2 Site and Vicinity Characteristics The site is located in a commercial and residential area of Collier County. Developments in the vicinity of the assessment site consist of schools, farm buildings, and residences. 3.3 Description of Structures, Roads, and Other Improvements to Site The assessment site is an abandoned farm field (Photo 1). A cement silo owned by Mobile Concrete Technologies was observed in the southeast corner of the site (Photo 2). Several piles of broken concrete and rocks was observed in this area (Photo. 3). No other items were observed on the assessment site. No hazardous substance or unidentified substance containers were identified during the site inspection. No underground or aboveground storage tanks were observed on the site. 3.4 Exterior and Interior Observations No interior facilities were identified on the assessment site. No pits or lagoons associated with waste disposal or waste treatment were observed on the site. Stormwater runoff at the site is either retained on the site or drains to the citrus grove west of the site. 3.5 Information Reported from Interviews Since the site is undeveloped, no interviews were conducted as part of this investigation. 048SCeommuni"chool 4 Water Resource Sckftns, Ire. Agenda Item No. 8E December 13, 2005 Figure 1. Site Vicinity Map Agenda Item No. 8E December 13, 2005 Page 77 of 156 3.6 Current Uses of the Property The site is currently undeveloped and vacant. No current activities likely to .involve the use, treatment, storage, disposal, or generation of hazardous substances or petroleum products were identified. 3.7 Past Uses of the Property Information obtained from the historical aerial photograph review suggests that the site was formerly farmed from at least the early 1970's until the late 1990's. No farm structures or pumping stations were identified on the assessment site. 3.8 Uses of Adjoining Properties A citrus grove borders the site to the north (Photo 4). Livingston Road borders the site to the east. Undeveloped land and two single family residences are east of this road (Photo 5). Osceola Drive is being constructed south of the site. Two recreational ball fields associated with the Community School of Naples are south of the site (Photo 6). A citrus grove is west of the site. Several agricultural buildings are west of the northern portion of the site in this grove (Photo 7). 3.9 Indications of Polychlorinated Biphenyls (PCBs) No transformers or other electrical equipment potentially containing PCB's were observed on the assessment site. 3.10 Indications of Waste Disposal No solid wastes appear to be generated at the site, however the southeast corner of the site appears to have recently been used as a spoil area for the construction of Osceola Drive south 04880eommun*1=h" 6 Water Resource Wutions. Ina: Agenda Item No. 8E December 13, 2005 Page 78 of 156 of the site. No es suggesting depressions or other obvious non - natural soil disturbanc p buried 1 ( trash or solid waste disposal were observed on the site. 1. 3.11 Physical Setting Analysis The site is generally flat with no obvious topographical trends. The groundwater flow direction in the water -table aquifer has not been determined. A review of the land uses in the vicinity of the site indicates that there is a low potential for impacts from off -site properties. 04880oornmun4school 7 _ Water Resource Solutions, Inc. Agenda Item No. 3E December 13, 2005 Page 79 of 156 4.0 ENVIRONMENTAL RECORDS REVIEW 4.1 Standard Environmental Record Sources and Review Environmental Data Management, Inc. (EDM) was contracted by WRS to provide a tabulation of facilities that are listed on environmental government databases within the ASTM search distance criteria. These governmental databases contain information pertaining to potential and documented environmental impacts at each facility. A listing of the database files queried by EDM is as follows: Federal Information • National Priorities List (NPL) • Comprehensive Environmental Response, Compensation and Liability Information System (CERCLIS) list • Resource Conservation and Recovery Information System - Treatment, Storage, and Disposal Facilities (RCRIS -TSD) • Corrective Action Report (CORRACTS) • Emergency Response Notification System (ERNS) • No Further Remedial Action Planned list (NFRAP) • Facility Index System (FINDS) • Toxic Chemical Release Inventory System (TRIS) State Information • Florida State Funded Action Sites (SFAS) • Florida Sites List (SITES) • Solid Waste Facilities (SLDWST) list • Leaking Underground Storage Tank (LUST) • ,Stationary Tanks Inventory System List (TANKS) A summary of the listings queried by EDM, the corresponding ASTM minimum search distances for each respective listing, and the date of the last government version of each listing is provided in the EDM report in Appendix C. Upon receipt and review of the database information, Water Resource Solutions identified no listed facilities withing the ASTM minimum search distance criteria. 04860e0mmuri tysehool 8 Water Resource Solutions, Ire. EM Agenda Item No. 8E December 13, 2005 Page 80 of 156 4.2 Physical Setting Sources 4.2.1 Review of Topographic Maps The 1958 - Photorevised 1972 United States Geological Survey 7.5 minute series topographic map for the Naples North, Florida quadrangle was reviewed to provide information regarding the topography of the site: A review of this map indicates that the site is situated at an elevation of approximately 11 feet above National Geodetic Vertical Datum. 4.2.2 Review of Site Geology Reports According to the Collier County Soil Survey, the soil on site is primarily composed of Pineda fine sand, limestone substratum. These sands are nearly level, poorly drained soils found in sloughs and poorly defined drainageways. Slopes are smooth and range from 0 to 2 percent. These soils are usually composed of fine sand to a depth of 5 feet. A limestone bedrock is .-.. typically found at about 5 feet below land surface. According to the Geologic Map of Florida, 2001, the Tamiami Formation occurs within the shallow subsurface of the site. The Tamiami Formation may be characterized as carbonate (sandy limestone and marls) deposits associated with Pliocene (2.8 million to 5.3 million years ago) shallow marine deposition. 4.2.3 Review of Groundwater Reports According to the Preliminary Assessment of the Ground -Water Resources of Collier County (SFWMD, 1986), the regional groundwater flow in the water -table aquifer is towards the west. The site - specific groundwater flow has not been determined. 04wDcommunityschool 9 Water Resource Solutions. Inc. ,-1 Agenda Item No. 8E December 13, 2005 Page 81 of 156 4.3 Review of Historical Sources 4.3.1 Review of Aerial Photographs Available historical aerial photographs obtained from the Collier County Property Appraiser's Office were reviewed for information about the history of development on the assessment site and adjacent properties. Some aerials, known to exist were not available at the Property Appraiser's Office. The date and scale of each photograph and the observations noted during the review are summarized below: • 1975 Aerial Photograph - 1 inch = 400 feet The assessment site and adjacent properties to the south are being farmed. No farm structures or pump stations are visible. The FP &L overhead electrical lines are present on the eastern portion of the site. The land underneath the electrical lines is being farmed. A citrus grove is north of the site. Undeveloped land is east and west of the site. 1081 Aerial Photograph - 1 inch = 200 feet not available • 1985 Aerial Photograph - 1 inch = 200 feet The assessment site and adjacent properties to the south are being farmed. Citrus groves are north and west of the site. Several farm buildings are approximately 50 feet west of the site in this citrus grove. Undeveloped land remains east of the site. • 1989 Aerial Photograph - 1 inch = 200 feet The assessment site and adjacent properties to the north, east, and south remain unchanged. A larger farm building is approximately 100 feet west of the northern portion of the site. • 1996 Aerial Photg- rash - 1 inch = 200 feet The assessment site and adjacent property to the south appear to have been abandoned. Adjacent properties to the north, west, and east remain unchanged. 048Wcommunityschool 10 Water Resource Solutions, Ina Agenda Item No. 8E December 13, 2005 Page 82 of 156 2002 Aerial Photograph - 1 inch =200 feet ,T The assessment site and adjacent properties to the north, west, and south remain unchanged. Livingston Road has been constructed east of the site. A residence is east of this road. The portion of the site underneath the power line has been cleared. 4.3.2 Review of Sanborn Fire Insurance Maps Sanborn Fire Insurance Maps were not prepared for this portion of Collier County. Sanborn maps were usually generated for urban core areas developed prior to 1950. 4.3.3 Review of Chain -of -Title A Chain -of -Title review was not conducted as part of this investigation. According to Mr. Bob Caughey, Florida Geological Survey, no oil test wells were drilled in the vicinity of the site. 4.3.4 Review of City Directories Since the site has remained undeveloped with no evidence of past use, the city directories of Naples were not reviewed as part of this investigation. 04990oommunitysa,00l 11 Water Resource Solutions, ino. Agenda Item No. SE December 13, 2005 Page 83 of 156 T 5.0 , FINDINGS AND CONCLUSIONS I Water Resource Solutions has performed a Phase I ESA in conformance with the scope and limitations of ASTM Standard Practice E 1527 -00 of the site. Exceptions and deletions from the above- referenced Practice are described in Section 2.3 of this report. This assessment has not provided evidence suggesting that recognized environmental conditions may affect the property. No further investigations are recommended. 04860eommunityschooj 12 , Water Resource solutions, Inc. Agenda Item No. 8E December 13, 2005 ( Page 84 of 156 6.0 REFERENCES American Society for Testing and Materials, 2000, Environmental Site Assessments: Phase 1 Environmental Site Assessment Process, West Conshohocken, PA, 27 p. @4� Knapp, M.S., Burns, W.S., and Sharp, T.S., 1986, Preliminary Assessment of Ground -Water Resources of Collier Countv, South Florida Water Management District, Technical Publication 86 -1, West Palm Beach, Florida. Natural Resources Conservation Service, 1990, Soil Survey of Collier County, U.S. Department of Agriculture, Soil Conservation Service, Washington., D.C. ® Scott, Campbell, Rupert, Arther, Missimer, Lloyd, Yon, & Duncan, 2001, Geologic.Mao of the State of Florida,. Florida Geological Survey and Florida Department of Environmental Protection. 64860oommuni4schoW 13 WxWr Rssoume Solutions, Inc. Agenda Item No. 8E December 13, 2005 Page 85 of 156 7.0 SIGNATURES OF ENVIRONMENTAL PROFESSIONALS The following Water Resource Solutions professional certifies that he participated in the Phase I ESA of this site. A resume of this professional is provided in Appendix D. Donald W. Mayne - Site Inspector Certified Florida Environmental Assessor #261 Registered Environmental Property Assessor #6104 04880communiryschod 14 Water Resource Solutions, Inc. Agenda item No. 8E December 13, 2005 Page 86 of 156 APPENDIX A Photographs 049tS0communirtr,Chooi I wider Resource Solution!, lnc: Agenda Item No. 8E December 13, 2005 of 156 PHOTO 1 - ASSESSMENT SPTE PHOTO 2 - CONCRETE SELO IN SOUTHEAST CORNER OF THE SITE Agenda Item No. 8E December 13, 2005 of 156 PHOTO 3 - PILES OF ROCK FROM OSCEOLA CONSTRUCTION SOUTH OF THE SITE PHOTO 4 - CITRUS FARM NORTH OF THE SITE Agenda Item No. 8E December 13, 2005 of 156 PHOTO 5 - UNDEVELOPED LAND AND RESIDENCE EAST OF LIVINGSTON ROAD PHOTO 6 - BALLPARK SOUTH OF THE SITE Agenda Item No. 8E December 13, 2005 Page,,9,Q, of 156 PHOTO 7 — OFF -SITE FARM WELDING AT CITRUS GROVE WEST OF SITE Agenda Item No. 8E December 13, 2005 Page 91 of 156 APPENDIX B J� Parcel Sketch andlVerizil Photograph 04880communityschool Water Reswme Solutions, Inc. Agenda Item No. 8E December 13, 2005 Page 92 of 156 EXLjjL1B)T-- C --------------- CGh'1MFj1iC;N 'AT rriZ BOU CORNER OF 5EC71CN IZ, TO)*M-iiP 49 5,:)UTX, RANGE 25 EAST, THL-MCE S-lz9*32'0—,,E ALONG T-iE NOR-iHERLY RIGHT-OF-WAY U14E OF PINE RIDGE ROAD FOR I385-93' FEET- THENCE. z LEAVING SA10 RIGH7-OF-WAY RUN NOO'05'54"'W FOR 75.00' FEET, THENCE NOO-05'54-W FOR 2�.4 " FEET, THENCE NOQ'O4'03"W FOR 100-20' NOO-VWW FOR ? FEEET TZ7X'P0(NT ON 11-iE SOUTIHERLY PIGH-zFAY OF A PUBLIC SCHOCL ACCESS DRNE: -.J'.DiCE 10Q,01 FEET N C'21'30' W TO THE NORTH riE FUSUC SCHOOL ACCESS DRIB AND -HE POINT OF REGINKNG, 7-,iDCE N0721'11'W zcp. 1319.37 FEEF, V D;CE S--69'3S--4.^E FOR Y3 2 - -'7 107SM, -;HE?4CE -6- " S 1 E S 0-51'1' E THENC:�,-51-.-OFF:7,) S I —.--T'H CE EEN S C-49'52 e J S. Cr49'52' E. TO -iH NOR TH LINE OF -,HE -R;C OED WAY--QF THE PUBLIC SCHOOL Ac THENCE ALONG 7R-E--90R-,cT- �,- OF THE ACCESS DRM- 556.33' 3 8733'24" E , THENCE ALONG X CURVE. CH 218.13, CB S 5-r3'24- r Radius - 2E5.00, Arc 2-73.84, Delta 4500'00*. THENCE 156.37' S 44'3'24* E. THENCE ALONG A CUE;NE CH. - 294.67. cB - s 6-r3'24' E Radlus.- 3e5.00, Arr - 302-38, i:elta - •5*00'00-, THENCE 2a1.94'. S 83'33*2+' E ro THE PCINT OF SEGIPMNG. @AZG OF 9WINCS. eEVW= ARC 3&= ON *4 aMM-rw. OF Ma R= pcqx MIC MM"M TC= rauiscr MR CREW Community School • n,,, AIM TLC Pop A Apro " Agenda Item No. 8E December 13, 2005 Page 93 of 156 M r a toitrnw" lk _ aanr`r ra PER -�k� Vii._ ` t ��yF,,.`',.,3� ir'�. ;iiWRi•'. "'. *,.� '}� stf5�! ¢ ':?: { °' :rte` i� t .'.`..'i w ar a Y 1 -•. '+ °r�- :r'- '�•f .r! "gf'd �_. I i �Xv ,. !' ; "�k 4'd,,�., i•.,�,.,",�t'�.+�' � .�V R ' I FIN JOIN i; f d �s a. 1 1 }`� p �:.�- ' S � �%+ �!"'' -4t�`= 'titan,. - .;»�— ..+•r7.'k� �' .eta m r 't '..� 1► i �-A c d}.+"e kkk yrrsss m,.., y, � r r €€ u t •, lk.� ;•1 �{ -Gt- .µire. i w`_,,,,t _ _. "Y f. 1 t.x ;ate'*,.,: � •. a4 .,,�, .. .. tr an � u�rgi:: � ,io.s, �$A� ^`, > zV 04880commun@ysahool APPENDIX C Regulatory Database Report Agenda Item Igo. 8E December 13, 2005 Page 95 of 156 Water Resource Solutions, tree. Agenda item Flo. 8E December 13, 2005 Page 96 of 156 GX1 ENVIRONMENTAL DATA REPORT Standard ASTM Research+ Livingston Road Naples, Florida 34109 Client Project #: 0l - 04860. E 1 Prepared For. Water Resource Solutions, Inc. 428 Pine Island Rd SW Cape Coral, FL 33991 Prepared By. ENVIRONMENTAL DATA MANAGEMENT, INC. 14100 Walsingham Road, Suite 31 Largo, Florida 33774 Wednesday, September 15, 2004 Agenda Item No. 8E December 13, 2005 Page 97 of 156 Environmental ' Data Management, Inc. r gham Road, Suite 31 l EDM Largo, Florida33774 Tel. (727) 595 -8600 Fax (727) 595.5606 hi `_P:( /uww. ufm- neE_ca m Wednesday, September 15, 2004 Client Project #: 01- 04860.E1 Don Mayne Water Resource Solutions, Inc. —` 428 Pine Island Rd SW f Cape Coral, FL 33991 Subject: Standard ASTM Research + — EDM Project #: 15848 r Dear Mr. Mayne: Thank you for using Environmental Data Management, Inc. The following report provides the results of our environmental data research that you requested for the following location: Livingston Road Naples, Florida 34109 The following is a summary of the components contained within this report: • Executive Summary - a listing of the databases searched, search distance criteria and the number of sites identified for each database. • Map(s) of Study Area - show the location of sites identified relative to the subject property. These sites are labeled with Map ID Numbers, used to correlate the map symbols with data detail within the report. A non - mapped option is available. • Summary Table - summary information concerning the records identified within your study area. The table provides corresponding Map 1D numbers, the site's Permit or Facility I.D. Number, the site's name and address and the government database(s) on which the site was listed. • Site Detail Reports — data detail for each record identified. Grouped by database listing or by Map 1D. • Proximal Records Table — summary information listing potentially relevant sites identified just beyond the search criteria. These records may account for instances where a regulated site's boundary extends into the study area but its address is outside of the search radius or where the site is mis- mapped slightly. • Non - Mapped Records Table - lists those government records that do not contain sufficient address information to plot within our GIS system, but may still exist within your study area. • Ancillary Information — may include Title Search Report, City Directory Records or other additional research records. At EDM we take great pride in our work, and continually strive to provide you with the most thorough and comprehensive service available. We accomplish this by manually screening your report against both computerized and hard copy maps, as well as additional address sources. This manual effort may add more time and effort to your report preparation, but we think a more thorough and accurate result is worth it. After alt, what's the value of inaccurate information? Thank you again for selecting EDM as your data research provider. Should you have any questions regarding this report or our service, please feel free to contact us. We appreciate the opportunity to be of service to you and look forward to working with Water Resource Solutions, Inc. in the future. ENVIRONMENTAL DATA MANAGEMENT, INC. Agenda item No. 8E December 13, 2005 Page 98 of 156 , mil..,... o:xc.... +..C•.,.., ..,.,•...... .. .. ;:•�., ..a, ti..; .[ ^ A;t�. .�:'o`.:°�.,:..:;i`.S`2:;:k`i �i �aib:.�rhiL�.,:....,. ..:':2:i'Zb`., .wZ.� h:; .,C: :•:�..�::v:, ::., �Qa ,Zi�.ta,?,i;2....,...±u'2:::.c �,.. 1 ,- .:,,,...:.,......,,i?�:i�ifii nis•: Y�: c;<^ a: •i^:wia'�:�az�.i:•�'3.`�e£Ft`e� -- Agency List Descriptions ,:�:.x`.i%si:. >.'i .... 'i,:rvc:;.`si<:: " >ti.:a ; ".•:x.:;.:i.J::::',. ,. ;. �, �^ xa. ?.. i:..: a.,. us.: t,.#: Y£' ?i•.' �^. 1.` .:i>.ava..:isi> ?".ct.+w�:.:ws'a .id,S`aiiii \.:a.�q a'h�e:k+ #�a:.+r.an..w^:....,,� ,,..,. . -,.._ r �.,c . .. ,.. .,.,:. �'.. w> i:,: 45^ a?:`. i': �aa. .&•:�.;t:a;:;'s:e:s�: \:>a+'aw.. US Environmental Protection Agency (USEPA) Comprehensive Env Response, Compensation & Liability Information SystemList(CERCLIS) The US EPA Comprehensive Environmental Response, Compensation, and Liability Information System (CERCLIS) is the Superfund database used to track facilities and /or locations that the USEPA is investigating to determine if an existing or threatened release of hazardous substances is present. Agency File Date: 6/14/2004 Received by EDM: 6/23/2004 EDM Database Updated: 612512004 RCRIS Handlers with Corrective Action(CORRACTS) The US EPA Corrective Action Sites (CORRACTS) database is a listing of hazardous waste handlers that have undergone RCRA corrective action activity. This information is compiled by the EPA Regional and State RCRA program personnel, as well as the RCRA facilities themselves. Agency File Date: 7/13/2004 Received by EDM: 8/3/2004 EDNI Database Updated: 8/5/2004 Emergency Response Notification System List(ERNS) . The Emergency Response Notification System (ERNS) is a database used to store information on the notification of oil discharges and hazardous substance releases. The ERNS program is a cooperative data sharing effort among the EPA, DOT and the National Response Center (NRC). Agency File Date: 12131/2003 Received by EDM: 7/8/2004 EDtNI Database Updated: 7/17/2004 Archived Cerclis Sites(NFRAP) The US EPA NFRAP list contains archived data on CERCLIS sites where the EPA has completed assessment activities and determined no further steps to list the site on the NPL will be taken. These NFRAP sites may be reviewed by the states in which they are located to determine if they should be returned to CERCLIS because of newly identified contamination problems at the site. Agency File Date: 6/14/2004 Received by EDM: 6/23/2004 EDbi Database Updated: 6/25/2004 RCRA- LQG,SQG,CESQG and Transporters(NONTSD) The EDM NONTSD list is a subset of the US EPA RCRIS list and identifies facilities that generate and transport hazardous wastes. These facilities may be Large Quantity Generators (LQG), Small Quantity Generators (SQG), Conditionally Exempt SQG's (CESQG) as well as" Non- Notifiers" and "Non- Handlers". Agency File Date: 6/912004 Received by EDM: 6/221i2004 EDM Database Updated: 6/25/2004 National Priorities List(NPL) The US EPA National Priorities List (NPL) contains facilities and/or locations where environmental contamination has been confirmed and prioritized for cleanup activities. The NPL was devised as a method for the EPA to prioritize these sites for the purpose of taking remedial action as funded by the Hazardous Waste Substance Superfund program. Agency File Date: 6/14/2004 Received by EDM: 6/23/2004 EDM Database Updated: 6/25/2004 RCRA - Treatment, Storage and /or Disposal Sites(TSD) The EDM TSD list is a subset of the US EPA RCRIS Ist and identifies facilities that Treat, Store and/or Dispose of hazardous waste. Agency File Date: 6/9/2004 Received by EDM: 6/22/2004 EDM Database Updated: 6/25/2004 Agenda item No. 8E December 13, 20075 Page 99 of 156 Florida Department of Environmental Protection (FDEP) Leaking Underground Storage Tanks List(LUST) The FDEP LUST list identifies facilities and/or locations that have notified the FDEP of a possible release of contaminants from petroleum storage systems. This Report is generated from the FDEP Storage Tank and Contamination Monitoring Database (STCM). Agency File Date: 8/9/2004 Received by EDM: 8/25/2004 EDM Database Updated: 8/27/2004 Solid Waste Facilities List(SLDWST) The FDEP SLDW ST identifies locations that have been permitted to conduct solid waste handling activities including Landfills, Transfer Stations and sites handing Bio-Hazardous wastes. Sites listed with "##" after the GMS ID Number are historical locations, obtained from documents on record at local agencies. - Agency File Date: 7/12/2004 Received by EDM: 7/14/2004 EDM Database Updated: 7/17/2004 State Sites List(STCERC) The STCERC is a historical listing of sites that the Florida Department of Environmental Regulation (FDER) compiled to track suspect contamination sites. This list was known as the Florida SITES list and was last updated by the FDER in 1989. Agency File Date: 1211/1989 Received by EDM: 4/1/1995 EDM Database Updated: 4/25/1995 State Funded Action Sites(STNPL) TheFDEP SFAS list contains facilities and/or locations that have been identified by the FDEP as having known environmental contamination and are currently being addressed through State funded cleanup action. Agency File Date: 4/2312004 Received by EDM: 6/27/2004 EDM Database Updated: 6/27/2004 Underground Storage Tanks(TANKS) The FDEP Storage Tank and Contamination Monitoring (STCM) database contains sites with registered aboveground and/or underground storage tanks containg regulated petroleum products. Please refer to the "Explanation of Florida Tank Codes" insert to interpret tank construction, monitoring and piping codes. Agency File Date: 8/11/2004 Received by EDM: 9/9/2004 EDM Database Updated: 9/13/2004 Supplemental Databases Florida Dry Cleaners(DRY) The Florida Dry Cleaners List is extracted from the FDEP Storage Tank and Contamination Monitoring (STCM) database, it contains a listing of those Dry Cleaner sites (and suspected historical Dry Cleaning sites) who have registered with the FDEP for the Dry Cleaning Solvent Cleanup Program. Agency File Date: 8/9/2004 Received by EDM: 8/17/2004 EDM Database Updated: 8/17/2004 Facility Index System List(FINDS) The US EPA Facirity Index System ( FINDS) is a hisoical database containing an inventory of sites that are regulated by Program Offices of the EPA, such as Air, Water, and Waste. Each listed facility contains one or more "pointers" to indicate the facilites "Source Indicator". The Source Indicator represents the corresponding EPA Program Offices responsible for regulating the site. Agency File Date: Received by EDM: 11123/1998 EDM Database Updated: 11/23/1998 Toxic Release Inventory System(TRIS) The US EPA TRIS list identifies those facilities that are required to submit annual reports relative to the estimated routine and accidental release of toxic chemicals to the environment, as stipulated under current federal laws. Agency File Date: 3/31/2003 Received by EDM: 3/11/2004 EDM Database Updated: 3/17/2004 ( Agenda Item No. 8E I December 13, 2005 l „ Page 100 of 156 �., EXPLANATION OF FLORIDA TANK CODES CONSTRUCTION TYPE CODES LEAK MONITORING CODES A = BALL CHECK VALVE 1 = CONTINUOUS ELECTRONIC SENSING EQUIPMENT B = INTERNAL LINING C = STEEL 2 = VISUAL INSPECTIONS OF PIPING SUMPS D = UNKNOWN 3 = ELECTRONIC MONITORING OF PIPING SUMPS E = FIBERGLASS 4 = VISUAL INSPECTIONS OF DISPENSING LINERS F = FIBERGLASS -CLAD STEEL 5 = ELECTRONIC MONITORING OF DISPENSER LINERS 6 = EXTERNAL PIPING MONITORING G = CATHODIC PROTECTION-SACRIFICIAL ANODE 7 = AUTOMATICALLY SAMPLED WELLS H = CATHODIC PROTECTION - IMPRESSED CURRENT 8 = MANUALLY SAMPLED WELLS I = DBL WAWSINGLE MATERIAL A= SITE SUITABILITY PLAN J = SYNTHETIC LINER IN TANK EXCAVATION B - SITE SUITABILITY PLAN EXEMPTION K = AST CONTAINMENT: CONCRETE /SYNTHETIC MATERIAL AREA C = GROUNDWATER MONITOR PLAN L = COMPARTMENTED D = SPCC PLAN M = SPILL CONTAINMENT BUCKET E = INTERSTITIAL MONITORING UST LINERS N = FLOW SHUT OFF 0 = TIGHT FILL F = INTERSTITIAL SPACE - DOUBLE WALL TANK P = LEVEL GAUGES, HI LEVEL ALARMS G = ELECTRONIC LINE LEAK DETECTOR W/FLOW SHUTOFF H = MECHANICAL LINE LEAK DETECTOR Q = OTHER DER APPROVED PROTECTION METHOD I = NOT REQUIRED-SEE RULE FOR EXEMPTIONS R = DBL WALLIDUAL MATERIAL! (TANK 'JACKET') J = INTERSTITIAL MONITORING- PIPING LINER S = OTHER DEP APPROVED SECONDARY CONTAiNTMENT SYSTEM K = INTERSTITIAL MONITORING- DOUBLE WALL PIPING T = SMALL USE TANK U = FIELD ERECTED TANK L = AUTOMATIC TANK GAUGING SYSTEM (LISTS) V = PIPELESS UST W /SECONDARY CONTAINMENT M = MANUAL TANK GAUGING SYSTEM (USTS) N = GROUNDWATER MONITORING SYSTEM W = BUILT ON SUPPORTS X = CONCRETE 0 = VAPOR MONITORING SYSTEM - Y = POLYETHYLENE P =VAPOR MONITORING W /DILUTION PROCEDURES Z = OTHER DEP APPROVED TANK MATERIAL Q = VISUAL INSPECTION OF AST SYSTEMS R = INTERSTITIAL MONITORING OF TANK BOTTOM PIPING TYPE CODES S = STATISTICAL INVENTORY RECONCILIATION (SIR/USTS) T = ANNUAL TIGHTNESS TEST WITH INVENTORY (UST) U = BULK PIPING PRESSURE TEST A = ABOVE GROUND -NO CONTACT W /SOIL V = SUCTION PUMP CHECK VALVE B = STEEL OR GALVANIZED METAL W = FIBER -OPTIC TECHNOLOGIES C = FIBERGLASS X = NONE D = EXTERNAL PROTECTIVE COATING Y = UNKNOWN E = CATHODIC PROTECTION (SACRIFICIAL ANODE/IMPRESSED Z =OTHER DEP APPROVED MONITORING METHOD CURRENT) F = DBLWALL/SINGLE MATERIAL G = SYNTHETIC OR BOXITRENCH LINER H = AIRPORT /SEAPORT HYDRANT SYSTEM I = SUCTION PIPING SYSTEM J = PRESSURIZED PIPING SYSTEM K = DISPENSER LINERS L = BULK PRODUCT SYSTEM M = DOUBLE WALL / DUAL MATERIAL (PIPE "JACKET') N = APPROVED SYNTHETIC MATERIAL O = SEVERE VIOLATION P = INTERNAL PIPING WITHIN INTERNAL SUMP RISER V = VIOLATION X = NO PIPING ASOCIATED WITH TANK Y = UNKNOWN Z = OTHER DEP APPROVED PIPING MATERIAL Agenda Item No. 8E December 13, 2005 Page 101 of 156 Executive Summary Client Information Project Information Don Mayne Standard ASTM Research+ Water Resource Solutions, Inc. I Livingston Road 239 -574 -1919 ex106 Client Job No# 01- 04860.E1 Naples, Florida 34109 Client P.O. No EDM Job No# 15848 V The following table displays the databases that were included in the research provided, the•respective search distance for each database, and the number of records identified for each database. — Disclaimer — Please understand that the regulatory databases we utilize were not originally intended for our use, but rather for the source agency's internal tracking of sites for which they have jurisdiction or other interest. As a result ofthis dif erence in intended use, their data is frequently found to be incomplete or inaccurate, and is less than ideal for our use. Additionally, limitations exist in mapping data detail and accuracy. our report is not to be relied upon for any purpose other than to "point" at approximate locations where further evaluation may be warranted. No conclusion can be based solely upon our report Rather, our report should be used as a first step in directing your attention at potential problem areas, which should be followed up by site inspections, interviews with relevant personnel and regulatory Me review. Readers proceed at their own risk in relying upon this data, in whole or in part, for use within any evaluation. The EDM Service Request Fomr signed by an of our clients before EDM issues a report, contains more detailed language with regard to such limitations, the terms of which the reader must accept in their entirety before utilizing this report. If the signed contract is not available to the reader, EDM will gladly furnish a copy upon request. EDM Copyright © 2004 Environmental Data Management, Inc. For further information please contact us at 800368.7376 Use of this information is stdctty united by EDM's author¢ation agreement, signed by our crients for each report. Agenda Item No. 8E December 13, 2005 Page 102 of 156 ENVIRONMENTAL DATA MANAGEMENT Standard ASTM Research+ Sep 15, 2004 SUMMARY TABLE Page I of T 'A S S1 C ! r N .- T i F1 E [R� �?F; R, Z' LU'A �K R -N '014� N D N# D T "S P w K S LAS; S ' S T Copyright 0 2004 Environmental Data Management, Inc. EDM For further information pja8S9 Contact us at 800-368-7376 Use of this Information is strictly limited by EDW; auMorlzatbn agreement, signed by our clents for each report, Agenda item No. 8E December 13, 2005 Page 103 of 156 PROXIMAL RECORDS TABLE [' Sep 15, 2004 The Proximal Records Table includes mapped facilities that appear outside of the study area, but in the proximity of the research boundary. They are provided in a summa determine potential interest. r?' fashion to allow one to Generally, these sites may be of potential interest for three reasons: I.) The location occurs so close to the research boundary that it merits inclusion in the evaluation. 2.) The site may be expansive with regard to the property boundary. The physical address of a landfill for example may occur outside of the research boundary, but the landfill boundary may extend into the research area. Large industrial complexes may also fall into this category. 3.) The U.S. Census Bureau data, from which our maps are created, is not always precise with regard to address information. °A facility may therefore appear on the map outside of the research area, but actually fall within the research area. These inaccuracies are typically less than 500 feet. If you observe any such inaccuracies, we ask that you please notify us of the more precise location and we will use this information to improve our product. If more specific information relative to one or more locations included in the Proximal Records Table is desired, please feel free to contact us and we will send you this information as an addendum to this report. Copyright © 2004 Environmental Data Management, Inc. EDM For further information please contact us at 800 - 368 -7376 Use of this inforawtion is strictly i►nited by EDM's authorttatbr; agreement signed by our cAents for each report Agenda item Flo. 8E December 13, 2005 Page 104 of 156 t NONMAPPED RECORDS TABLE Sep 15, 2004 The Non - Mapped Records Table is a listing of database records that lack sufficient address information to be placed within our mapping system, but may exist within your study area. These records have been manually screened, using two primary criteria. The first screening criteria is whether the non - mapped record can be f = >.� identified as existing within your study area, and then adding it to the map and body of the report The second criterion is whether the listed facility can possibly exist within the study area. If the site can be conclusively identified as existing outside of the study area, it is excluded from the report. All remaining, screened records are provided on the EDM Non- Mapped Records Table within this report. The Non - Mapped Records Table consists of sites identified as possibly existing within your study area (e.g. a valid street name, but no street number), or a listed address that is unrecognized. For your convenience, we have categorized these screened records into three groups: I .) Non- mapped records that contain a Zip code equal to the subject property and surrounding area. Because we extract all of the zip codes listed within records mapped within your study area (to help identify historical zip codes), you may see zip code values in this portion of your report that are unexpected. 2.) Non - mapped records that contain no Zip code information but are listed within the same City as the subject property. Adjacent City data may also be provided if the subject property is located very near another city boundary. 3.) Non - mapped records that contain no Zip code or City information but are listed within the same County as the subject property. Adjacent county data may also be provided if the subject property is located very near a county boundary. If more specific information relative to one or more locations included in the Non - Mapped Records Table is desired, please feel free to contact us and we will send you this information as an addendum to this report. EDM Copyright C 2004 Environmental Data Management, Inc. For further Information please contact us at 800.368 -7376 "" Use of this Informawn is strictly imlted by EDM's authortzatbn agreemen4 signed by our cfients for each report Agenda Item No. 3E 1 December 13, 2005 ! _ Page 105 of 155 ** ENVIRONMENTAL DATA MANAGEMENT ** Standard ASTM Research+ Sep l5, 2004 ZIPCODE PORTION OF THE NON - MAPPED RECORDS TABLE Page I of 1 i Copyright © 2004 Environmental Data Management, Inc. EDM For further information please contact us at 800 - 368 -7376 Use of this information is strictly fated by EDM's authortzatbn agreemen4 signed by our chants for each report. Agenda Item No. 8E December 13, 2005 Page 106 of 156 ** ENVIRONMENTAL DATA MANAGEMENT ** Standard ASTM Research+ Sep 15.2004 CITY PORTION OF THE NON - MAPPED RECORDS TABLE Pcge l nF I Copyright © 2004 Environmental Data Management, Inc. ED M For further information please contact us at 800-36 8-7376 Use of this information is strictly imtted by EDMs authorization agreement, signed by our clients for each report. P " Agenda Bern No. 8E December 13, 2005 Page 107 of 156 APPENDIX D Resumes of Participating Professionals 04860oommunkyschool Water Resource solutions, ire, Agenda Item No. 8E December 13, 2005 Page 108 of 156 DONALD W. MAYNE, CFEA ENVIRONMENTAL SITE ASSESS2411ENTS EDUCATION: EXPERIENCE SUMMARY: f B.S. Environmental Science Mr. Mayne has more than ten years of experience in managing and I Troy State University, 1992 performing Phase I Environmental Site Assessments (ESA's). Phase I ESA's are designed to assess the potential of hazardous substance and/or PROFESSIONAL petroleum product impacts on real property. This assessment is REGISTRATION: conducted by evaluating past and present on -site and off -site conditions in conjunction with natural conditions such as the local geology, surface Registered Environmental water characteristics, and corresponding water -table aquifer flow Property Assessor #6104 directions. His clients have included land developers, local government agencies, realtors, lending institutions, and investors. Mr. Mayne also Certified Florida Environmental has experience in the project management of salt tracking monitoring Assessor #261 services for water use permits. PROFESSIONAL AFFELIATIONS: EXPERIENCE RECORD: Florida Association of r • Managed and conducted Phase I ESA's on 16 golf course Environmental Professionals communities_ within 3 weeks for southwest Florida's largest developer as part of a debt consolidation/refinance deal. Florida Environmental Assessors Association • Performed numerous Phase I Environmental Site Assessments for Lee County as part of their Conservation 2020 land acquisition YEARS IN PRACTICE: program. - 12 Years 0 Conducted several Phase I Assessments, for the expansion of the Southwest Florida International Airport as part of their 2010 Development program. • Project manager for Phase I Environmental Site Assessment in an area of approximately one square mile along the south bank of the Estero River. • Project manager for a Phase I Environmental Site Assessment and generic wetland evaluation fora site off of Andrea Lane. • Management of an asbestos abatement and demolition project upon completion of an asbestos survey. • Performed multi -site Phase I ESA and asbestos survey on 47 supermarket stores in the New England area. • Team player in a multi -site Phase I containing 77 equipment rental facilities in the southeastern United States. • Project manager of several salt tracidng- monitoring plans.as part of the South Florida Water Management Districts water use permits. • Performs Aquifer Storage and Recovery operational cyclical testing at the Lee County North Reservoir and Olga water plants. COI..,LIER COUNTY Agenda item No. 8E December 13, 2005 Page 109 of 156 PUDZ- 2005 -AR -7299 PROJECT # 2005010032 DATE: 4/8/05 KAY DESELEM WAIVER APPLICATION FROM THE REQUIRED HISTORICAL AND ARCHAEOLOGICAL SURVEY AND ASSESSMENT DATE SUBMITTED: PLANNER: Ray V. Bellows, Zoning Manager PETITION NUMBER ASSOCIATED WITH THE WAIVER: f-ro Bce Compl,IW By Zoning and Land Development Review Staff) PROJECT NAME: Manchester Square PUD LOCATION: (Common Description) Section 12, Township 49 Range 25 Livingston SUMMARY OF WAIVER REQUEST: (Properties located within an area of Historical and Archaeological Probability but with a low potential for historical /archaeological sites may petition the Community Development & Environmental Services Administrator or his designee to waive the requirement for a Historical/Archaeological Survey and Assessment. Once the waiver application has been submitted, it shall be reviewed and acted upon within five (5) working days. The waiver request shall adequately demonstrate that the area has low potential for historical/archaeological sites.) Nistotic PresenvatinnTormsi 11;30!04 Agenda Item No. 8E December 13, 2005 Page 110 of 156 SECTION ONE: APPLICANT AND PROPERTY OWNERSHIP DATA A. Name of applicant (s) (if other than property owner, state relationship such as option holder, contract purchaser, lessee, trustee, etc.): Community School of Naples, Inc. Mailing Address: 13275 Livingston Road, Naples, Florida 34109 -3859 Phone: (239) FAX: B. Name of agent(s) for applicant, if any: D. Wayne Arnold Mailing Address: Q. Grady Minor and Associates, P.A., 3800 Via Del RgL Bonita Springs, Florida 34134 Phone: (239) 947 -1144 FAX: 239 - 947 -0375 C. Name of owner(s) of property: Community School of Naples, Inc. Mailing Address: 13275 Livingston Road, Naples, Florida 34109 -3859 Phone: ( ) FAX: Note: If names in answers to A and/or B are different than naive in C, notarized letter(s) of authorization from property owner (C) must be attached. Histoic Pmsenvation'.Forni 11/30iO4 7 Agenda Item No. 8E December 13, 2005 Page 111 of 156 SECTION TWO: SUBJECT PROPERTY DATA (Attach copy of the plat book page (obtainable from Clerk's Office at the original scale) with subject property clearly marked.) A. Legal description of subject property. Answer only 1 or 2, as applicable. Within platted subdivision, recorded in official Plat Books of Collier County. Subdivision Name: Plat Book Page Unit Block Lot Section Township Range 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 survey or boundary sketch to be submitted. B. Property dimensions: Area: square feet, or 36.9± acres Width along roadway: 1626± feet along Livingston Road Depth: 1079± feet C. Present use of property: Fallow agricultural field D. Present zoning classification: A, agriculture Historic Prmenation. Torm&A 1130/04 Agenda Item No. 8E December 13, 2005 Page 112 of 156 SECTION THREE: WAIVER CRITERIA Note: This provision is to cover instances in which it is obvious that any archaeological or historic resource that 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 & Enviromnental Services Administrator may seek counsel of the chairman of the Historic and Archaeological Preservation Board when it is not completely evident that the site is without archaeological or historic value. A. Waiver Request Justification. 1. Interpretation of Aerial Photograph Aerial photograph demonstrates that the subject property has been extensively altered through past agricultural practices surrounding properties have been developed with no evidence of accidental discovery. 2. Historical Land Use Description: The property has been utilized for agricultural crop production for at least 20+ years. Land, cover, formation and vegetation description: Fallow agricultural lands 4. Other: The site is traversed by a 235' wide FPL corridor and abuts six -lane Livingston Road. Lands to the south and west have been developed for use by private and public educational facilities. B. The Community Development & Environmental Services Administrator or his designee may deny a waiver, grant the waiver, or grant the waiver with conditions. The official decision 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 & 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. Histoeic Preservatina/Forms/11 /30/04 4 Agenda Item No. 3E December 13, 2005 Page 113 of 156 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 %" x 14 ") folder. Signature of Applicant o Agent Printed Name of Applicant or Agent -TO BE COMPLETED BY THE COMMUNITY DEVELOPMENT SERVICES DIVISION - SECTION FIVE: NOTICE OF DECISION The Community Development & Environmental Services Administrator or designee has made the following determination: 1. Approved on: 2. Approved with Conditions on: By: (see attached) Denied on: _ (see attached) hlistrnic Pruenation.•'.Forms / r 1;30/04 Un Agenda Item No. 8E December 13, 2005 Page 114 of 156 AK i PREPARED FOR: WCI COMMUNITIES, INC. MAP OF BOUNDARY SURVEY OF THE FOLLOWING DESCRIBED PARCEL: LEGAL DESCRIPTION (AS PREPARED BY R.W.A., INC.) A PARCEL OF LAND SITUATED IN SECTION 12, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 12, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE ALONG THE NORTH LINE OF SECTION 21, N 89'33'49" W FOR ;275.07 FEET TO THE WEST RIGHT -OF -WAY LINE OF LIVINGSTON ROAD, AS RECORDED IN OFFICIAL RECORDS BOOK 3179, PAGE 43, AND 3179, PAGE 35 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; ALSO BEING THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE LEAVING THE SAID NORTH LINE AND PROCEEDING ALONG THE SAID WEST RIGHT -OF -WAY LINE THE FOLLOWING THREE (3) DESCRIBED COURSES: 1) THENCE S 00'50'38" E FOR 1033.33 FEET; 2) THENCE S 10'27'01 " W FOR 51.06 FEET, 3) THENCE S 00'50'38" E FOR 542.82 FEET; THENCE LEAVING THE SAID WEST RIGHT -OF -WAY, N 89'33'47" W FOR 304.41 FEET TO A POINT OF CURVATURE; THENCE 223.84 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE RIGHT, HAVING A RADIUS OF 285.00 FEET, THROUGH A CENTRAL ANGLE OF 45'00'00" AND BEING SUBTENDED BY A CHORD WHICH BEARS N 67'03'47" WEST FOR 218.13 FEET, TO A POINT OF TANGENCY; THENCE N 44'33'47" W FOR 156.37 FEET TO A.POINT OF CURVATURE; THENCE 302.38 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS OF 385.00 'FEET, THROUGH A CENTRAL ANGLE OF 45'00'00" AND BEING SUBTENDED BY A CHORD WHICH BEARS N 67'03'47" WEST FOR 294.67 FEET. TO A POINT OF TANGENCY LYING *ON THE SOUTH LINE OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SAID SECTION 12; THENCE ALONG THE SAID SOUTH LINE, N 89'33'47" W FOR 201.94 FEET TO THE SOUTHWEST CORNER OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 12; THENCE ALONG THE WEST LINE OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF SAID SECTION 12, N 00'13'29" W FOR 1319.31 FEET, TO A POINT ON THE SAID NORTH LINE, THENCE ALONG THE SAID NORTH LINE, S 89'33'49" E FOR 1079.56 FEET TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN. CONTAINING 1,608,054 SQUARE FEET OR 36.9 ACRES + / -. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.' BEARINGS ARE BASED ON THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, 1983 NORTH AMERICAN DATUM, (1999) ADJUSTMENT. RWA, INC, LAND SURVEYORS & MAPPERS 3050 NORTH HORSE DRIVE, SUITE 2 NAPLES, FLORIDA 34104 (239). 649 -1509 SIG N J. DI TE PROFE4SSIOt L SU 4'EYOR MAPPER LS# 62 9/27/04 DATE OF SURVEY Agenda Item No. 8E RE-SUBMITTAL December 13, 2005 PUDZ- 2005 -AR -7299 Wage 115 of 156 PROJECT #2005010032 DATE: 6/21105 KAY DESELEM CONCEPTUAL SURFACE WATER MANAGEMENT REPORT for Manchester Square PUD Collier County, Florida February 2005 Revised June 8, 2005 Prepared By: Q. GRADY MINOR AND ASSOCIATES, P.A. Civil Engineers ■ Land Surveyors ■ Planners 3800 Via Del Rey Bonita Springs, FL 34134 (239) 947 -1144 (239) 947 -0375 (Fax) r _t C. D 7'A an StniUi, P.E. Registered Engineer No. 44147 G:UOBIWCI - CSS (Manchester Square PUD)1CDSIWMREPORT.DOC WCICSS Agenda Item No. 8E December 13, 2005 Page 116 of 156 CONCEPTUAL SURFACE WATER MANAGEMENT REPORTSURFACE WATER MANAGEMENT REPORT SECTION I SITE INFORMATION A. Location Sketch (Item I -1) Provided as part of the master plan. B. Aerial Photograph (Item I -2) Provided. C. Wetlands The site is a fallow farm field. There are no wetlands on site. SECTION H PROJECT INFORMATION A. Project Description (Items H -IA and II -1B) This project is a planned residential development on 36.9 ± acres land located in Section 12 Township 49 South, Range 25 East, Collier County, Florida. The project will be developed for a maximum of 148 dwelling units. The site is currently vacant and undeveloped. B. Topographic map is included. (Item U -2). See boundary survey. C. The drainage map is included. (Item II -3). Provided as part of the master plan. F:\JOB \WC] - CSS (Manchester Square PUD) \CDS \WMREPORT.DOC WCICSS Agenda Item No. 8E December 13, 2005 Page 117 of 156 D. Water Elevation (Item II -4a). 1. Estimated Wet Season Water Table = 9.5' N.G.V.D. 2. The water table was determined by the following method. (Item II -4b). The preliminary water table was estimated using soils classifications and permitting of adjacent Livingston Road. 3. No water resource related systems will be affected by this project. (Item II- 5). 4. This project lies outside the 100 -year floodplain. Flood Zone X, no minimum finish floor elevation established (Item II -6). FIRM Panel Number 385D. E. Percolation (Item II -7) N/A F. Water Withdrawals (Item II -8) The project will utilize central water system for potable water from Collier County Utilities. Irrigation of common areas will be by groundwater withdrawal permitted through South Florida Water Management District. SECTION III MASTER PLAN A. Master Paving, Grading and Drainage Plans (Item III -1) Provided as part of the master plan. B. Drainage Plan Details (Item III -2) Provided as part of the master plan. C. Receiving Body List (Item HI -3) Golden Gate Main Canal Basin via Livingston Road water management system and I -75 canal. F:\JOB \WCI - CSS (Manchester Square PUD) \ODS \WMREPORT.DOC wCICSs Agenda Item No. 3E December 13, 2005 Page 118 of 156 D. Construction Techniques (Item 111 -4) Construction and stabilization of the perimeter berms first will eliminate off -site water quality impacts. We proposed to fill the site and direct stormwater runoff to the on -site lake system. No dewatering is proposed. E. Legal Reservations (Item III -5) Water management facilities shall be placed within easements and rights -of -way and dedicated to the appropriate entity. F. Affected Facilities (Item III -6) No water resource related facilities will be affected. SECTION IV SURFACE WATER MANAGEMENT ANALYSIS A. Facilities 1. Existing (Item IV -1). The project site is undeveloped. There are no existing water management facilities. 2. No facilities have been previously approved or permitted by SFWMD (Item W -2). 3. Proposed Facilities (Item IV -3). The proposed surface water management system shall serve the project. The site shall consist of 1 drainage basin. This basin shall contain water management lakes in the residential portion of the project. The main access drive will convey its stormwater to the lakes, which will discharge via a control structure to the east into a Swale in the FPL easement then to the Pine Ridge Road Swale. 4. Facility Details (Items IV -5, IV -6, IV -7, IV -8, IV -9 and IV-10) a. No exfiltration trench is proposed. b. Discharge Structure Table. A single catch basin/water control structure is proposed. Please see conceptual plan. F:VOB \WCI - CSS (Manchester Square PUD) \CDS \WMREPORT.DOC WCICSS Agenda item Flo. 8E December 13, 2305 Page 119 of 156 B. Acreage Item 1V -12) C. Water Quality (Item IV -13) Off -site water quality (Item IV -13B) Calculations Basin No. 1 For first inch: 1" x I "/12,. x 36.9 acres = 3.08 ac. ft. For 2.5" times percent impervious (all area units in acres) Site Area: 36.9 - (4.1 + 5.4) = 27.4 Ac. Impervious Area: 27.4 - 19.3 = 8.1 Ac. % Impervious = 8.1/27.4 = 0.2956 2.5" x % impervious = 2.5" x 0.2956 x (36.9 - 5.4) x 1'712" = 1.94 ac. ft. Required wet detention = 3.08 ac. ft. E. Soil Storage (Item IV -13 c) Average depth to water table = 2'. S (from table C -III-1) = 1.88 Site wide soil storage = S x pervious /site Basin No. 1 1.88" x 19.3/36.9 = 0.98" F:VOB \WCI - CSS (Manchester Square PUD) \CDS \WMREPORT.DOC WCICSS Basin No. 1 TOTAL AREA 36.9 PAVEMENT 8.1 BUILDINGS 5.4 LAKE AREA 4.1 PERVIOUS * 19.3 *Includes FPL Easement C. Water Quality (Item IV -13) Off -site water quality (Item IV -13B) Calculations Basin No. 1 For first inch: 1" x I "/12,. x 36.9 acres = 3.08 ac. ft. For 2.5" times percent impervious (all area units in acres) Site Area: 36.9 - (4.1 + 5.4) = 27.4 Ac. Impervious Area: 27.4 - 19.3 = 8.1 Ac. % Impervious = 8.1/27.4 = 0.2956 2.5" x % impervious = 2.5" x 0.2956 x (36.9 - 5.4) x 1'712" = 1.94 ac. ft. Required wet detention = 3.08 ac. ft. E. Soil Storage (Item IV -13 c) Average depth to water table = 2'. S (from table C -III-1) = 1.88 Site wide soil storage = S x pervious /site Basin No. 1 1.88" x 19.3/36.9 = 0.98" F:VOB \WCI - CSS (Manchester Square PUD) \CDS \WMREPORT.DOC WCICSS Agenda Item No. 8E December 13, 2005 Page 120 of 156 F. Allowable Discharge (Item IV -14) The allowable discharge is computed by using the allowable discharge rate of 0.15 cfs per acre per Collier County ordinance 90 -10. Basin No. 1 Allowable discharge = 0.06 cfs /acre x 36.9 acres = 2.21 CFS F:VOB \WCI - CSS (Manchester Square PUD) \CDS \WMREPORT.DOC WCICSS Cascade 2001 Version 1.0 File: WCICSS Date: May 31, 2005 Agenda Item No. 8E December 13, 2005 Page 121 of 156 Page 1 Project Name: Manchester Square PUD Reviewer: Project Number: Period Begin: Jan 01, 2000;0000 hr End: Jan 16, 2000;0000 hr Duration: 360 hr Time Step: 0.2 hr, Iterations: 10 Basin 1: Basin 1 Method: Santa Barbara Unit Hydrograph Rainfall Distribution: SFWMD - 3day Design Frequency: 25 year 1 Day Rainfall: 8.5 inches Area: 36.9 acres Ground Storage: 0.98 inches Time of Concentration: 1 hours Initial Stage: 9.5 ft NGVD Stage Storage (ft NGVD) (acre -ft) 9.50 ___ 0 __ .00 10.00 2.05 10.50 4.10 11.00 7.36 11.50 13.03 12.00 22.12 12.50 35.65 13.00 51.40 Offsite Receiving Body: Offsitel Time Stage (hr) (ft NGVD) 0.00 9.50 360.00 9.50 Structure: 1 From Basin: Basin 1 To Basin: Offsitel Structure Type: Gravity Weir: Sharp Crested, Crest Elev = 10.5 ft NGVD, Length = 0.25 ft Bleeder: Circular, Invert Elev = 9.5 ft NGVD, Diameter = 0.25 ft Default Coefs: Weir Coef = 0.6, Orifice Coef = 0.6 Pipe: Diameter = 2 ft, Manning's n = 0.013, Length = 200 ft US Invert Elev = 7 ft NGVD, DS Invert Elev = 6.5 ft NGVD, flap gate Cumulative Instant Current Cumulative Head Water Tail Water Time Rainfall Runoff Discharge Discharge Stage Stage (hr) (in) (cfs) (cfs) (acre -ft) (ft NGVD) (ft NGVD) 0.00 0.00 0.00 0.00 0.00 9.50 9.50 1.00 0.05 0.00 0.00 0.00 9.50 9.50 2.00 0.10 0.00 0.00 0.00 9.50 9.50 3.00 0.16 0.00 0.00 0.00 9.50 9.50 4.00 0.21 0.00 0.00 0.00 9.50 9.50 5.00 0.26 0.10 0.00 0.00 9.50 9.50 6.00 0.31 0.24 0.00 0.00 9.50 9.50 7.00 0.36 0.3B 0.00 0.00 9.51 9.50 8.00 0.41 0.51 0.00 0.00 9.52 9.50 9.00 0.47 0.63 0.00 0.00 9.53 9.50 10.00 0.52 0.73 0.00 0.00 9.54 9.50 11.00 0.57 0.83 0.01 0.00 9.56 9.50 12.00 0.62 0.91 0.01 0.00 9.58 9.50 13.00 0.67 0.98 0.02 0.00 9.60 9.50 14.00 0.72 1.05 0.02 0.00 9.62 9.50 15.00 0.78 1.11 0.03 0.01 9.64 9.50 Agenda Item No. 3E December 13, 2005 Page 122 of 156 Cascade 2001 Version 1.0 File: WCICSS . . . .......... . ...... . ............ . . Date: May 31, 2005 . ..... Page 2 Cumulative Instant Current Cumulative Head Water Tail Water Time Rainfall Runoff Discharge Discharge Stage Stage (hr). (in) (Cfs) (Cfs) (acre-ft) (ft NGVD) (ft, NGVD) 16.00 0.83 1.16 0.04 0.01 9.66 9.50 17.00 0.88 1.21 0.05 0.01 9.68 9.50 18.00 0.93 1.25 0.06 0.02 9.71 9.50 19.00 0.98 1.29 0.07 0.02 9.73 9.50 20.00 1.03 1.33 0.09 0.03 9.76 9.50 21.00 1.09 1.36 0.09 0.04 9.78 9.50 22.00 1.14 1.39 0.10 0.05 9.81 9.50 23.00 1.19 1.42 0.11 0.05 9.83 9.50 24.00 1.24 1.45 0.11 0.06 9.86 9.50 25.00 1.32 1.91 0.12 0.07 9.89 9.50 26.00 1.39 2.10 0.13 0.08 9.93 9.50 27.00 1.47 2.20 0.14 0.10 9.97 9.50 26.00 1.54 2.26 0.15 0.11 10.01 9.50 29.00 1.62 2.30 0.16 0.12 10.06 9.50 30.00 1.69 2.34 0.16 0.13 10.10 9.50 31.00 1.77 2.36 0.17 0.15 10.14 9.50 32.00 1.84 2.39 0.18 0.16 10.19 9.50 33.00 1.92 2.41 0.18 0.18 10.23 9.50 34.00 2.00 2.44 0.19 0.19 10.28 9.50 35.00 2.07 2.46 0.20 0.21 10.32 9.50 36.00 2.15 2.47 0.20 0.22 10.37 9.50 37.00 2.22 2.49 0.21 0.24 10.41 9.50 38.00 2.30 2.51 0.22 0.26 10.46 9.50 39.00 2.37 2.52 0.22 0.28 10.50 9.50 40.00 2.45 2.53 0.23 0.30 10.53 9.50 41.00 2.52 2.55 0.24 0.32 10.56 9.50 42.00 2.60 2.56 0.25 0.34 10.59 9.50 43.00 2.67 2.57 0.27 0.36 10.62 9.50 44.00 2.75 2.58 0.29 0.38 10.65 9.50 43.00 2.83 2.59 0.30 0.41 10.68 9.50 46.00 2.90 2.60 0.32 0.43 10.71 9.50 47.00 2.98 2.61 0.34 0.46 10.74 9.50 48.00 3.05 2.62 0.36 0.49 10.77 9.50 49.00 3.14 2.83 0.38 0.52 10.80 9.50 50.00 3.22 2.92 0.41 0.55 10.83 9.50 51.00 3.32 3.33 0.43 0.59 10.86 9.50 52.00 3.43 3.73 0.47 0.62 10.90 9.50 53.00 3.58 4.64 0.51 0,66 10.95 9.50 54.00 3.76 5.74 0.56 0.71 11.00 9.50 55.00 3.97 6.93 0.60 0.76 11.05 9.50 56.00 4.22 8.16 0.65 0.81 11.10 9.50 57.00 4.50 9.64 0.71 0.86 11.16 9.50 58.00 4.86 11.77 0.79 0.93 11.23 9.50 59.00 5.34 15.58 0.89 1.00 11.32 9.50 60.00 8.63 95.13 1.19 1.08 11.57 9.50 61.00 9.57 55.33 1.65 1.20 11.90 9.50 62.00 10.00 30.23 1.88 1.35 12.05 9.50 63.00 10.28 17.37 1.98 1.52 12.12 9.50 64.00 10.53 12.34 2.04 1.68 12.16 9.50 65.00 10.68 8.11 2.08 1.65 12.18 9.50 66.00 10.84 6.56 2.11 2.03 12.20 9.50 67.00 10.99 5.98 2.13 2.20 12.21 9.50 68.00 11.14 5.77 2.14 2.38 12.22 9.50 69.00 11.25 4.51 2.16 2.56 12.23 9.50 70.00 11.35 4.04 2.17 2.74 12.23 9.50 71.00 11.45 3.87 2.18 2.92 12.24 9.50 72.00 11.55 3.81 2.19 3.10 12.24 9.50 73.00 11.55 1.40 2.19 3.28 12.25 9.50 74.00 11.55 0.52 2.18 3.46 12.24 9.50 75.00 11.55 0.19 2.17 3.64 12.24 9.50 76.00 11.55 0.07 2.16 3.82 12.23 9.50 77.00 11.55 0.03 2.15 3.99 12.22 9.50 78.00 11.55 0.01 2.14 4.17 12.22 9.50 79.00 11.55 0.00 2.13 4.35 12.21 9.50 80.00 11.55 0.00 2.12 4.52 12.20 9.50 81.00 11.55 0.00 2.11 4.70 12.20 9.50 82.00 11.55 0.00 2.10 4.87 12.19 9.50 Cascade 2001 Version 1.0 File: WCICSS Date: May 31, 2005 Agenda Item No. 8E December 13, 2005 Page 123 of 156 Page 3 Cumulative Instant Current Cumulative Head Water Tail Water Time Rainfall Runoff Discharge Discharge Stage (hr) (in) (cfs) (cfs) (acre -ft) - (f NGVD) (ft NGVD) 83.00 11.55 0.00 2.09 5.04 12.18 9.50 84.00 11.55 0.00 2.08 5.22 12.18 9.50 85.00 11.55 0.00 2.07 5.39 12.17 9.50 86.00 11.55 0.00 2.06 5.56 12.17 9.50 87.00 11.55 0.00 2.05 5.73 12.16 9.50 88.00 11.55 0.00 2.04 5.90 12.15 9.50 89.00 11.55 0.00 2.03 6.07 12.15 9.50 90.00 11.55 O.DO 2.02 6.23 12.14 9.50 91.00 11.55 0.00 2.01 6.40 12.13 9.50 92.00 11.55 0.00 2.00 6.56 12.13 9.50 93.00 11.55 0.00 1.99 6.73 12.12 9.50 94.00 11.55 0.00 1.98 6.89 12.12 9.50 95.00 11.55 0.00 1.97 7.06 12.11 9.50 96.00 11.55 0.00 1.96 7.22 12.10 9.50 97.00 11.55 0.00 1.95 7.38 12.10 9.50 98.00 11.55 0.00 1.94 7.54 12.D9 9.50 99.00 11.55 0.00 1.93 7.70 12.09 9.50 100.00 11.55 0.00 1.92 7.86 12.08 9.50 101.00 11.55 0.00 1.92 8.02 12.07 9.50 102.00 11.55 0.00 1.91 8.18 12.07 9.50 103.00 11.55 0.00 1.90 8.33 12.06 9.50 104.00 11.55 0.00 1.89 8.49 12.06 9.50 105.00 11.55 0.00 1.88 8.65 12.05 9.50 106.00 11.55 0.00 1.87 8.60 12.05 9.50 107.00 11.55 0.00 1.86 8.96 12.04 9.50 108.00 11.55 0.00 1.85 9.11 12.03 9.50 109.00 11.55 0.00 1.85 9.26 12.03 9.50 110.00 11.55 0.00 1.84 9.41 12.02 9.50 111.00 11.55 0.00 1.83 9.57 12.02 9.50 112.00 11.55 0.00 1.82 9.72 12.01 9.50 113.00 11.55 0.00 1.81 9.87 12.01 9.50 114.00 11.55 0.00 7.80 10.02 12.00 9.50 115.00 11.55 0.00 1.79 10.16 11.99 9.50 116.00 11.55 0.00 -.78 10.31 11.98 9.50 117.00 11.55 0.00 1.77 10.46 11.98 9.50 118.00 11.55 0.00 1.75 10.60 11.97 9.50 119.00 11.55 0.00 1.74 10.75 11.96 9.50 120.00 11.55 0.00 1.73 10.89 11.95 9.50 121.00 11.55 0.00 1.72 11.03 11.94 9.50 122.00 11.55 0.00 1.71 11.17 11.94 9.50 123.00 11.55 0.00 1.70 11.32 11.93 9.50 124.00 11.55 0.00 1.68 11.46 11.92 9.50 125.00 11.55 0.00 1.67 11.59 11.91 9.50 126.00 11.55 0.00 1.66 11.73 11.91 9.50 127.00 11.55 0.00 1.65 11.87 11.90 9.50 128.00 11.55 0.00 1.64 12.00 11.89 9.50 129.00 11.55 0.00 1.63 12.14 11.88 9.50 130.00 11.55 0.00 1.62 12.27 11.88 9.50 131.00 11.55 0.00 1.61 12.41 11.87 9.50 132.00 11.55 0.00 1.60 12.54 11.86 9.50 133.00 11.55 0.00 1.59 12.67 11.85 9.50 134.00 11.55 0.00 1.58 12.80 11.85 9.50 135.00 11.55 0.00 1.57 12.93 11.84 9.50 136.00 11.55 0.00 1.56 13.06 11.83 9.50 137.00 11.55 0.00 1.55 13.19 11.83 9.50 138.00 11.55 0.00 1.54 13.32 11.82 9.50 139.00 11.55 0.00 1.53 13.44 11.81 9.50 140.00 11.55 0.00 1.52 13.57 11.81 9.50 141.00 11.55 0.00 1.51 13.69 11.80 9.50 142.00 11.55 0.00 1.50 13.82 11.79 9.50 143.00 11.55 0.00 1.49 13.94 11.78 9.50 144.00 11.55 0.00 1.48 14.06 11.78 9.50 145.00 11.55 0.00 1.47 14.18 11.77 9.50 146.00 11.55 0.00 1.46 14.30 11.76 9.50 147.00 11.55 0.00 1.45 14.42 11.76 9.50 148.00 11.55 0.00 1.44 14.54 11.75 9.50 149.00 11.55 0.00 1.43 14.66 11.75 9.50 Agenda Item No. 8E December 13, 2005 Page 124 of 156 Cascade 2001 Version 1.0 File: WCICSS Date: May 31, 2005 Page 5 Cumulative Instant Current Cumulative Head Water Tail Water Time Rainfall Runoff Discharge Discharge Stage Stage (hr) (in) (cfs) (cfs) (acre -ft) (ft NGVD) (ft NGVD) 217.00 11.55 _ 0.00 0.89 21.18 11.32 9.50 218.00 11.55 0.00 0.88 21.25 11.31 9.50 219.00 11.55 0.00 0.87 21.32 11.31 9.50 220.00 11.55 0.00 0.86 21.39 11.30 9.50 221.00 11.55 0.00 0.86 21.47 11.29 9.50 222.00 11.55 0.00 0.85 21.54 11.29 9.50 223.00 11.55 0.00 0.84 21.61 11.28 9.50 224.00 11.55 0.00 0.84 21.68 11.27 9.50 225.00 11.55 0.00 0.83 21.74 11.27 9.50 226.00 11.55 0.00 0.82 21.81 11.26 9.50 227.00 11.55 0.00 0.82 21.88 11.26 9.50 228.00 11.55 0.00 0.81 21.95 11.25 9.50 229.00 11.55 0.00 0.80 22.01 11.24 9.50 230.00 11.55 0.00 0.80 22.08 11.24 9.50 231.00 11.55 0.00 0.79 22.15 11.23 9.50 232.00 11.55 0.00 0.78 22.21 11.23 9.50 233.00 11.55 0.00 0.78 22.28 11.22 9.50 234.00 11.55 0.00 0.77 22.34 11.22 9.50 235.00 11.55 0.00 0.77 22.40 11.21 9.50 236.00 11.55 0.00 0.76 22.47 11.20 9.50 237.00 11.55 0.00 0.75 22.53 11.20 9.50 238.00 11.55 0.00 0.75 22.59 11.19 9.50 239.00 11.55 0.00 0.74 22.65 11.19 9.50 240.00 11.55 0.00 0.74 22.71 11.18 9.50 241.00 11.55 0.00 0.73 22.77 11.18 9.50 242.00 11.55 0.00 0.73 22.83 11.17 9.50 243.00 11.55 0.00 0.72 22.89 11.17 9.50 244.00 11.55 0.00 0.71 22.95 11.16 9.50 245.00 11.55 0.00 0.71 23.01 11.16 9.50 246.00 11.55 0.00 0.70 23.07 11.15 9.50 247.00 11.55 0.00 0.70 23.13 11.15 9.50 248.00 11.55 0.00 0.69 23.19 11.14 9.50 249.00 11.55 0.00 0.69 23.24 11.14 9.50 250.00 11.55 0.00 0.68 23.30 11.13 9.50 251.00 11.55 0.00 0.68 23.36 11.13 9.50 252.00 11.55 0.00 0.67 23.41 11.12 9.50 253.00 11.55 0.00 0.67 23.47 11.12 9.50 254.00 11.55 0.00 0.66 23.52 11.11 9.50 255.00 11.55 0.00 0.66 23.58 11.11 9.50 256.00 11.55 0.00 0.65 23.63 11.10 9.50 257.00 11.55 0.00 0.65 23.68 11.10 9.50 258.00 11.55 0.00 0.64 23.74 11.09 9.50 259.00 11.55 0.00 0.64 23.79 11.09 9.50 260.00 11.55 0.00 0.63 23.84 11.08 9.50 261.00 11.55 0.00 0.63 23.89 11.08 9.50 262.00 11.55 0.00 0.62 23.95 11.07 9.50 263.00 11.55 0.00 0.62 24.00 11.07 9.50 264.00 11.55 0.00 0.62 24.05 11.07 9.50 265.00 11.55 0.00 0.61 24.10 11.06 9.50 266.00 11.55 0.00 0.61 24.15 11.06 9.50 267.00 11.55 0.00 0.60 24.20 11.05 9.50 268.00 11.55 0.00 0.60 24.25 11.05 9.50 269.00 11.55 0.00 0.59 24.30 11.04 9.50 270.00 11.55 0.00 0.59 24.35 11.04 9.50 271.00 11.55 0.00 0.59 24.40 11.03 9.50 272.00 11.55 0.00 0.58 24.44 11.03 9.50 273.00 11.55 0.00 0.58 24.49 11.03 9.50 274.00 11.55 0.00 0.57 24.54 11.02 9.50 275.00 11.55 0.00 0.57 24.59 11.02 9.50 276.00 11.55 0.00 0.57 24.63 11.01 9.50 277.00 11.55 0.00 0.56 24.68 11.01 9.50 278.00 11.55 0.00 0.56 24.73 11.01 9.50 279.00 11.55 0.00 0.55 24.77 11.00 9.50 280.00 11.55 0.00 0.55 24.82 10.99 9.50 281.00 11.55 0.00 0.54 24.86 10.99 9.50 282.00 11.55 0.00 0.54 24.91 10.98 9.50 283.00 11.55 0.00 0.53 24.95 10.97 9.50 Cascade 2001 Version 1.0 File: WCICSS Date: May 31, 2005 Agenda Item No. 3E December 13, 2005 Page 125 of 156 Page 6 Cumulative Instant Current Cumulative Head Water Tail Water Time Rainfall Runoff Discharge Discharge Stage Stage (hr) (in) (cfs) (cfs) (acre -ft) (ft NGVD) (ft NGVD) 284.00 11.55 0.00 0.52 25.00 10.97 9.50 285.00 11.55 0.00 0.52 25.04 10.96 9.50 286.00 11.55 0.00 0.51 25.08 10.95 9.50 287.00 11.55 0.00 0.51 25.12 10.95 9.50 288.00 11.55 0.00 0.50 25.17 10.94 9.50 289.00 11.55 0.00 0.50 25.21 10.94 9.50 290.00 11.55 0.00 0.49 25.25 10.93 9.50 291.00 11.55 0.00 0.48 25.29 10.92 9.50 292.00 11.55 0.00 0.48 25.33 10.92 9.50 293.00 11.55 0.00 0.47 25.37 10.91 9.50 294.00 11.55 0.00 0.47 25.41 10.90 9.50 295.D0 11.55 0.00 0.46 25.44 10.90 9.50 296.00 11.55 0.00 0.46 25.48 10.89 9.50 297.00 11.55 0.00 0.45 25.52 10.69 9.50 298.00 11.55 0.00 0.45 25.56 10.88 9.50 299.00 11.55 0.00 0.44 25.59 10.88 9.50 300.00 11.55 0.00 0.44 25.63 10.87 9.50 301.00 11.55 0.00 0.44 25.67 10.86 9.50 302.00 11.55 0.00 0.43 25.70 10.86 9,50 303.00 11.55 0.00 0.43 25.74 10.85 9.50 304.00 11.55 0.00 0.42 25.77 10.85 9.50 305.00 11.55 0.00 0.42 25.81 10.84 9.50 306.60 11.55 0.00 0.41 25.84 10.84 9.50 307.00 11.55 0.00 0.41 25.88 10.83 9.50 308.00 11.55 0.00 0.41 25.91 10.83 9.50 309.00 11.55 0.00 0.40 25.94 10.82 9.50 310.00 11.55 0.00 0.40 25.98 10.82 9.50 311.00 11.55 0.00 0.39 26.01 10.81 9.50 312.00 11.55 0.00 0.39 26.04 10.81 9.50 313.00 11.55 0.00 0.39 26.07 10.80 9.50 314.00 11.55 0.00 0.38 26.10 10.80 9.50 315.00 11.55 0.00 0.38 26.14 10.79 9,50 316.00 11.55 0.00 0.38 26.17 10.79 9.50 317.00 11.55 0.00 0.37 26.20 10.78 9.50 318.00 11.55 0.00 0.37 26.23 10.78 9.50 319.00 11.55 0.00 0.37 26.26 10.77 9.50 320.00 11.55 0.00 0.36 26.29 10.77 9.50 321.00 11.55 0.00 0.36 26.32 10.76 9.50 322.00 11.55 0.00 0.36 26.35 10.76 9.50 323.00 11.55 0.00 0.35 26.38 10.76 9.50 324.00 11.55 0.00 0.35 26.41 10.75 9.50 325.00 11.55 0.00 0.35 26.44 10.75 9.50 326.00 11.55 0.00 0.34 26.46 10.74 9.50 327,00 11.55 0.00 0.34 26.49 10.74 9.50 328.00 11.55 0.00 0.34 26.52 10.73 9,50 329.00 11.55 0.00 0.33 26.55 10.73 9.50 330.00 11.55 0.00 0.33 26.57 10.73 9.50 331.00 11.55 0.00 0.33 26.60 10.72 9.50 332.00 11.55 0.00 0.33 26.63 10.72 9.50 333.00 11.55 0.00 0.32 26.66 10.71 9.50 334.00 11.55 0.00 0.32 26.68 10.71 9.50 335.00 11.55 0.00 0.32 26.71 10.70 9.50 336.00 11.55 0.00 0.32 26.74 10.70 9.50 337.00 11.55 0.00 0.31 26.76 10.70 9.50 338.00 11.55 0.00 0.31 26.79 10.69 9.50 339.00 11.55 0.00 0.31 26.81 10.69 9.50 340.00 11.55 0.00 0.31 26.84 10.68 9.50 341.00 11.55 0.00 0.30 26.86 10.68 9.50 342.00 11.55 0.00 0.30 26.69 10.68 9.50 343.00 11.55 0.00 0.30 26.91 10.67 9.50 344.00 11.55 0.00 0.30 26.94 10.67 9.50 345.00 11.55 0.00 0.29 26.96 10.67 9.50 346.00 11.55 0.00 0.29 26.99 10.66 9.50 347.00 11.55 0.00 0.29 27.01 10.66 9.50 348.00 11.55 0.00 0.29 27.03 10.65 9.50 349.00 11.55 0.00 0.29 27.06 10.65 9.50 350.00 11.55 0.00 0.28 27.08 10.65 9.50 Agenda Item No. 8E December 13, 2005 Page 126 of 156 Cascade 2001 Version 1.0 File: WCICSS Date: May 31, 2005 Page 7 Cumulative Instant Current Cumulative Head Water Tail Water Time Rainfall Runoff Discharge Discharge Stage Stage (hr) (in) (cfs) (cfs) (acre-ft) (ft NGVD) (ft NGVD) 351.00 11.55 0.00 0.28 27.10 10.64 9.50 352.00 11.55 0.00 0.26 27.13 10.64 9.50 353.00 11.55 0.00 0.28 27.15 10.64 9.50 354.00 11.55 0.00 0.26 27.17 10.63 9.50 355.00 11.55 0.00 0.27 27.20 10.63 9.50 356.00 11.55 0.00 0.27 27.22 10.63 9.50 357.00 11.55 0.00 0.27 27.24 10.62 9.50 358.00 11.55 0.00 0.27 27.26 10.62 9.50 359.00 11.55 0.00 0.27 27.28 10.62 9.50 360.00 11.55 0.00 0.26 27.31 10.61 9.50 STRUCTURE MAXIMUM AND MINIMUM DISCHARGES Struc Max (cfs) Time (hr) Min (cfs) Time (hr) 1 2.19 72.60 0.00 0.00 BASIN MAXIMUM AND MINIMUM STAGES Basin Max (ft) Time (hr) Min (ft) Time (hr) Basin 1 12.25 72.60 9.50 0.00 BASIN WATER BUDGETS (all units in acre-ft) Total Structure Structure Initial Final Basin Runoff Inflow Outflow Storage Storage Residual Basin 1 32.13 0.00 27.30 0.00 4.83 0.00 Agenda Re-in No, 8E December 13, 2005 Page 127 of 156 ORDINANCE NO. 2005- 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 UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS; TO CHANGE THE ZONING CLASSIFICATION OF THE REAL PROPERTY FROM THE AGRICULTURAL (A) ZONING DISTRICT TO THE RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT TO ALLOW DEVELOPMENT OF A MAXIMUM OF 148 SINGLE - FAMILY, TWO- FAMILY, DUPLEX OR MULTI - FAMILY DWELLING UNITS IN A PROJECT KNOWN AS MANCHESTER SQUARE LOCATED AT 13275 LIVINGSTON ROAD, IN SECTION 12, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 36.9± ACRES; AND PROVIDE FOR AN EFFECTIVE DATE. WHEREAS, Community School of Naples, Inc., represented by D. Wayne Arnold, AICP, of Q. Grady Minor and Associates, P.A.. in Petition No. PUDZ- 2005 -AR -7299, petitioned the Board of County Commissioners to change the zoning classification of the subject real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the subject real property located in Section 12, Township 49 South, Range 25 East, Collier County, Florida, is changed from the Agricultural (A) zoning district to the Residential Planned Unit Development (RPUD) zoning district to allow development of a maximum of 148 single- family, two- family, duplex or multi - family dwelling units in project Manchester Square in accordance with the Manchester Square PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The appropriate zoning atlas map or maps; as described in Ordinance Number 2004 -41, as amended, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Florida Department of State. Page 1 of 2 Agenda Item No. 8E December 13, 2005 Page 128 of 156 PASSED AND DULY ADOPTED by super- majority vote of the Board of County Commissioners of Collier County, Florida, this day of ATTEST: DWIGHT E. BROCK, CLERK Deputy Clerk Approved as to form and legal sufficiency Patrick G. White Assistant County Attorney PUDZ - 2005 -A R- 7299/KD/d c 2005. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA i Page 2of2 FRED W. COYLE, CHAIRMAN MANCHESTER SQUARE A RESIDENTIAL PLANNED UNIT DEVELOPMENT 36.9 Acres Located in Section 12 Township 49 South, Range 25 East, Collier County, Florida PREPARED FOR: WCI COMMUNITIES, INC. 24301 Walden Center Drive Bonita Springs, Florida 34134 PREPARED BY: Q. GRADY MINOR & ASSOCIATES, P.A. 3800 Via Del Rey Bonita Springs, Fl 34134 (239) 947 -1144 (239) 947 -0375 Fax and Goodlette Coleman and Johnson, P.A. 4001 Tamiami Trail North, Suite 300 Naples, Florida 34104 EXHIBIT "A" MANCHESTER SQUARE PUD CCPC clean 11- 30- 05.doe Agenda Item No. 8E December 13, 2005 Page 129 of 156 TABLE OF CONTENTS Agenda Item No. 8E December 13, 2065 Page 130 of 156 PAGE STATEMENT OF COMPLIANCE AND SHORT TITLE SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, & ] -1 GENERAL DESCRIPTION SECTION II PROJECT DEVELOPMENT 2 -1 SECTION III RESIDENTIAL 3 -1 SECTION IV RECREATION 4 -1 SECTION V GENERAL DEVELOPMENT COMMITMENTS 5 -1 Agenda.BCCAGENDA.18822 ii Agenda Item No. 3E December 13, 2005 Page 131 of 156 LIST OF EXHIBITS EXHIBIT A MANCHESTER SQUARE RPUD MASTER PLAN EXHIBIT B BOUNDARY SURVEY EXHIBIT C LEGAL DESCRIPTION EXHIBIT D LOCATION MAP EXHIBIT E ALTERNATIVE SIDEWALK PLAN TABLE DEVELOPMENT STANDARDS MANCHESTER SQUARE PUD CCPC clean 1 1- 30- 05.doc 111 Agenda Item No. 8E December 13, 2005 Page 132 of 156 STATEMENT OF COMPLIANCE The purpose of this Section is to express the intent of the Developer, to create a Residential Planned Unit Development (PUD) of 148 units on 36.9± acres of land located in Section 12 Township 49 South, Range 25 East, Collier County, Florida. The name of this Residential Planned Unit Development shall be Manchester Square RPUD. The development of Manchester Square RPUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan. The Development will be consistent with the growth policies and land development regulations adopted pursuant to the Growth Management Plan, Future Land Use Element and other applicable regulations for the following reasons: The entire 36.9± acres of the subject property is within the (Urban Mixed Use District, Urban Residential Subdistrict), as identified on the Future Land Use Map of the Future Land Use Element (FLUE). The purpose of the Urban Mixed Use Residential District is to provide for a variety of residential and mixed -use developments such as Planned Unit Developments. 2. The proposed residential density of the Manchester Square PUD is 4 dwelling units per acre and is consistent with the maximum density permitted by the FLUE Density Rating System and is therefore consistent with FLUE Policy 5.1. A maximum of 148 residential dwelling units are permitted within the PUD. 3. The Manchester Square RPUD is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. 4. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the FLUE. 5. The development of the Manchester Square RPUD will result in an efficient and economical extension of community facilities and services as required in Policy 3.1. of the FLUE. 6. The Manchester Square RPUD is a residential community, and is planned to encourage ingenuity, innovation and imagination as set forth in the Collier County Land Development Code (LDC), Residential Planned Unit Development District. 7. The Manchester Square RPUD is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required by Objective 1.5 of the Drainage Sub - Element of the Public Facilities Element. 8. All final local development orders for this Project are subject to the Collier County Adequate Public Facilities Ordinance, Chapter 6 of the Land Development Code. MANCHESTER SQUARE PUD CCPC clean 11- 30- 05.doc iv Agenda Item No. 8E December 13, 2005 Page 133 of 156 SHORT TITLE This ordinance shall be known and cited as the "MANCHESTER SQUARE RESIDENTIAL PLANNED UNIT DEVELOPMENT ORDINANCE ". MANCHESTER SQUARE PUD CCPC clean 11- 30- 05.doc Agenda item No. 8E December 13, 2005 Page 134 of 156 SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the legal description and ownership of the Manchester Square RPUD, and to describe the existing condition of the property proposed to be developed. 1.2 LEGAL DESCRIPTION See attached Exhibit "C" 1.3 PROPERTY OWNERSHIP Community School of Naples, Inc. 13275 Livingston Road Naples, Florida 34109 -3859 Contract Purchaser: WCI Communities, Inc. 24301 Walden Center Drive Bonita Springs, Florida 34134 1.4 GENERAL DESCRIPTION OF PROPERTY A. The Project site is located in Section 12 Township 49 South, Range 25 East Collier County, Florida. The site is generally bordered on the West by the Collier County School Board and Citrus Groves; on the north by Orange Groves on the east by Livingston Road and on the south by the Community School of Naples. B. The zoning classification of the subject property at the time of RPUD application is A, Rural Agriculture. C. Elevations within the site are approximately 10' above MSL. Per FEMA Firm Map Community No. 120067, Panel No. 385 D, dated June 3, 1986, the Manchester Square RPUD property is located within Zone "X" of the FEMA flood insurance rate map. D. The entire site has been altered through past agricultural uses and contains a FPL power line corridor and fallow agricultural land. Agenda.BCCAGENDA.18822 1 -1 Agenda Item No. 8E December 13, 2005 Page 135 of 156 E. The soil types on the site generally include fine quartz sands, including Ft. Drum, Malabar, and Holopaw fine sands. This information was derived from the Soil Survey of Collier County, Florida, 1998. F. The property is located in the Airport Road South Canal Basin of the Collier County Drainage Atlas. 1.5 DENSITY A. Acreage of the Manchester Square RPUD is approximately 36.9+ acres and the number of dwelling units authorized to be built pursuant to this RPUD is a maximum of 148. The gross project density, therefore, will be a maximum of 4 units per acre. Agenda. BCCAGEN DA. 18822 1 -2 SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE Agenda Item No. 8E December 13, 2005 Page 136 of 156 The purpose of this Section is to generally describe the plan of development for the Manchester Square RPUD, and to identify relationships to applicable County ordinances, policies, and procedures. 2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The Manchester Square RPUD will be developed as a residential community, which may feature a mix of residential dwelling types, and accessory recreational amenities. B. The Conceptual Master Plan is illustrated graphically as Exhibit "A ". A Land Use Summary indicating approximate land use acreage is shown on the plan. The Master Plan is conceptual, and the location, size, and configuration of individual tracts and water management facilities shall be determined at the time of Final Site Development Plan and /or Preliminary Subdivision Plat approval with minor adjustments at the time of Final Plat approval, in accordance with Chapters 1, 4 and 10 of the LDC. Residential R1 R2 Recreation Area ROW Lakes FPL Easement / Recreation Buffers / Other Open Space TYPE ACREAGE Single Family 11.8± Multi - family 42+ 1.± 5.4f 3.7± 8.21- 2.6± TOTAL ACRES 36.9 C. Access to the property shall be from Livingston Road with potential access from Osceola Trail. D. The project shall be served with centrally provided potable water, sanitary sewer, electrical power and telephone. Additional services shall be provided as deemed appropriate. 2.3 COMPLIANCE WITH COUNTY ORDINANCES Agenda.BCCAGENDA.1 8822 2 -1 Agenda Item No. 8E December 13, 2005 Page 137 of 156 A. Regulations for development of the Manchester Square RPUD shall be in accordance with the contents of this RPUD Ordinance and applicable sections of the LDC (to the extent they are not inconsistent with this RPUD Ordinance), and the Growth Management Plan. Where this RPUD Ordinance does not provide developmental standards, then the provisions of the specific section of the LDC that are otherwise applicable shall apply. Where specific standards are specified in this PUD, these standards shall prevail over those in the LDC. B. Development permitted by the approval of this PUD will be subject to the Adequate Public Facilities Ordinance, Chapter 6 of the LDC. C. Unless a deviation is approved as part of this RPUD or by subsequent request, the provisions of other sections of the Land Development Code remain in effect with respect to the development of the land which comprises this RPUD. D. All conditions imposed herein or as represented on the Manchester Square Conceptual Master Plan are part of the regulations which govern the manner in which the land may be developed. E. The subdivision requirements of the LDC, shall apply to the Manchester Square PUD, except where a deviation is approved as part of this RPUD, or otherwise granted pursuant to the Land Development Code. F. Recognizing that the plans for development of tracts have not been designated with a specific dwelling unit type, the type of dwelling unit which characterizes the initial development of any platted tract shall be carried out throughout the development of that entire tract. However, tracts platted for the purpose of establishing prototypical model homes shall be not be required to develop with a singular dwelling unit type. 2.4 ROADWAYS A. Standards for roads shall be in compliance with the applicable provisions of the LDC regulating subdivisions, unless otherwise modified, waived or excepted by this RPUD, or approved during subdivision plat approval. The developer reserves the right to request substitutions to Code design standards in accordance with Chapters 1, 4 and 10 of the LDC. In compliance with the LDC the developer retains the right to establish gates, guardhouses, and other access controls as may be deemed appropriate by the developer on all privately owned and maintained Project roadways and roadways built and/or maintained by the Manchester Square RPUD. 2.5 DEVIATIONS FROM LDC A. Roadways within the Manchester Square RPUD shall be designed and constructed in accordance with the Construction Standards Manual and Chapters 1, 4 and 10 of the LDC with the following substitutions: Agenda.BCCAGENDA.18822 2 -2 Agenda Item No. 8E December 13, 2005 Page 138 of 156 Streets and access improvements Street Right -of -Way Width Street right -of -way width: The minimum right -of -way width to be utilized for local streets and cul -de -sacs shall be fifty (40) feet. B. Sidewalks Sidewalks shall be permitted in accordance with the sidewalk plan prepared for Manchester Square and attached to the PUD as Exhibit E. C. Accessory Recreational Facilities Parking Requirements Recreational facilities shall be permitted to provide parking at 75% of the normal LDC requirements. 2.6 USE OF RIGHTS -OF -WAY The Developer may be allowed to place landscaping, signage, lighting, water management facilities, berms, decorative walls and fences, utilities, parking or decorative entry features within a private right -of -way within the project, subject to permitting agency approval. 2.7 CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Changes and amendments may be made to this RPUD Ordinance or the RPUD Master Plan as provided in Chapter 10 of the LDC. Minor changes and refinements as described herein may be made by the Developer in connection with any type of development or permit application required by the LDC. 2.8 COMMON AREA MAINTENANCE Common area maintenance will be provided by the Developer or by a property owners' association. For those areas not maintained by the Developer, the Developer will create property owners' association or associations, whose functions shall include provisions for the perpetual maintenance of common facilities and open spaces. The Developer or the property owners' association, as applicable, shall be responsible for the operation, maintenance, and management of the surface water and stormwater management systems and preserves serving the Manchester Square RPUD, in accordance with the provisions of Chapter of the LDC together with any applicable permits from the South Florida Water Management District. Agenda. BCCAGEN DA. 18822 2-3 Agenda Item No. 8E December 13, 2005 Page 139 of 156 2.9 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted throughout the Manchester Square RPUD. The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: 1. Grassed berms 4:1 2. Ground covered berms Perimeter 3:1 Internal to project 3:1 3. Bulkheads B. Fence or wall maximum height: Six feet (6') C. Landscape buffers, berms, fences and walls may be constructed along the perimeter of the Manchester Square RPUD boundary prior to preliminary subdivision plat and site development plan submittal, when the landscape and irrigation plans are submitted and approved prior to plat construction. D. Pedestrian sidewalks and/or bike paths, water management systems, drainage structures, and utilities may be constructed in landscape buffers, per LDC Chapter 4. E. Landscape berms located within the Manchester Square RPUD boundary and contiguous to a property line and/or right -of -way line may be constructed such that the toe of slope is located 5' off the property line and /or right -of -way line as specified in Section 4.06.2.D.4 of the LDC. 2.10 FILL STORAGE Fill storage is generally permitted as a principal use throughout the Manchester Square PUD during construction. The following standards shall apply: A. Stockpile maximum side slope 2:1, if protected by a six foot (6') high fence, otherwise a 4:1 side slope shall be required. B. Stockpile maximum height: Thirty feet (30') C. Fill storage areas in excess of six feet (6') in height shall be located no closer than one hundred feet (100') from any existing residential unit or residential unit under construction. D. Soil erosion control shall be provided in accordance with LDC. 2.11 DESIGN GUIDELINES AND STANDARDS Agenda. BCCAGENDA. 18822 2 -4 Agenda Item No. 8E December 13, 2005 Page 140 of 156 A. The Manchester Square RPUD is a planned community and will be developed under unified control. The Developer will establish design guidelines and standards to ensure a high and consistent level of quality residential units and related community features and facilities, which include features and facilities such as landscaping, hardscapes, waterscapes, signage, lighting, pedestrian systems, bicycle paths, pavement treatments, roadway medians, fences, walls, buffers, berms and other similar facilities. 2.12 GENERAL. PERMITTED USES Certain uses shall be considered general permitted uses throughout the Manchester Square RPUD. General permitted uses are those uses which generally serve the Developer and residents of Manchester Square RPUD and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: 1. Essential services as set forth under LDC, Chapter 2. ~- 2. Water management facilities and related structures. Temporary sewage treatment facilities. 4. Lakes including lakes with bulkheads or other architectural or structural bank treatments. Fishing piers, community boat docks and similar structures are permitted within lake areas. B. Development Standards: Unless otherwise set forth in this document, the following development standards shall apply to structures: Setback from back of curb or edge of pavement of any road - twelve feet (12') except for guard houses, gatehouses, fences /walls, and access control structures which shall have no required setback. 2.13 OPEN SPACE REQUIREMENTS A minimum of 30 percent of the overall gross project area shall be devoted to usable open space. 2.14 NATIVE VEGETATION REQUIREMENTS "- No native vegetation exists on -site; therefore, no native preserve areas are required within the Manchester Square PUD. Agenda. BCCAGENDA.18822 2 -5 Agenda Item No. 8E December 13, 2005 Page 141 of 156 2.15 SUBSTITUTIONS TO SUBDIVISION DESIGN STANDARDS The Developer reserves the right to request substitutions to subdivision improvement and utility design standards in accordance with the Construction Standards Manual. 2.16 MODEL HOMES / SALES CENTERS / SALES OFFICES / CONSTRUCTION OFFICES A. Models, sales /rental centers and other uses and structures related to the promotion and sale, resale, and/or rental of real estate such as, but not limited to, pavilions, viewing platforms, gazebos, tents, parking areas, and signs, shall be permitted uses throughout the RPUD subject to the requirements of Chapter 4.05.00, 4.06.00, 5.06.00 and 5.04.04 of the LDC for temporary use permits. B. Temporary use permits for sales centers, and model homes may be approved subsequent to zoning approval. Temporary use permit applications, and, where required, associated SDP or site improvement plan (SIP) application(s) for residential models, shall be submitted, and approved pursuant to Chapter 4.05.00, 4.06.00, 5.06.00 and 5.04.04 of the LDC, with applications for subdivision plat. The location of the model units within a future platted lot shall be depicted on the SDP or SIP as the case may be. All model units shall be located on lots that will be platted through subsequent development order approvals, and shall comply with all development standards applicable to said lots. C. Temporary uses for sales centers may be serviced by temporary well and septic systems. D. A portion, of the clubhouse facilities may be used as a temporary sales facility to be utilized to market residential products, including the re -sale of residences within the boundaries of the RPUD. The use of a portion of the clubhouse as a temporary sales facility must cease when the project is released to the control of the homeowners' association. 2.17 SIDEWALKSBIKEPATHS, BIKE LANES A. Sidewalks: A specific sidewalk plan has been prepared for the project and is attached as Exhibit E of this PUD. B. Pursuant to Chapter 6.06.02 of the LDC, sidewalks /bike paths shall be permitted as follows: An internal pedestrian walkway system is permitted within drainage easements. Where such a pedestrian system is provided, no sidewalk shall be required adjacent to the right -of -way serving the adjacent residential tract. Agenda.13CCAGENDA.18822 2 -6 Agenda Item No. 8E December 13, 2005 Page 142 of 156 2. Sidewalks may be located outside platted right -of -way, when located within a separate sidewalk easement. 3. Sidewalks may be located within landscape buffers and /or easements; however, the landscape buffer shall be increased in width by an amount equal to the encroachment, at the point of encroachment, as specified in Section 4.06.02.D.4 of the LDC. Agenda.BCCAGENDA. 18822 2 -7 SECTION III RESIDENTIAL "R99 3.1 PURPOSE Agenda Item No. 8E December 13, 2005 Page 143 of 156 The purpose of this Section is to identify permitted uses and development standards for areas within the Manchester Square RPUD designated on the Master Plan as "R ", Residential. 3.2 MAXIMUM DWELLING UNITS A maximum of 148 dwelling units may be constructed on lands designated "R ", Residential on the RPUD Master Plan. 3.3 GENERAL DESCRIPTION Areas designated as "R," on the Master Plan are designed to accommodate a mix of residential dwelling types and general permitted uses as described by Section 2.14, of this PUD, recreational facilities, essential services, and customary accessory uses. The approximate acreage of the area designated for residential development is indicated on the RPUD Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreage of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals. Residential tracts are designed to accommodate internal roadways, open spaces, and other similar uses found in residential areas. 3.4 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses — "R1" Areas: 1. Single family dwellings. 2. Two - family dwellings. B. Principal Uses — "R2" Areas: Single family dwellings, townhomes. 2. Two- family dwellings. 3. Multi family dwellings. Agenda.BCCAGENDA.18822 3-1 3.5 Agenda Item No. 8E December 13, 2005 Page 144 of 156 C. Accessory Uses and Structures: Model homes and model home centers including offices for project administration, construction, sales and marketing. 2. Recreational facilities such as parks, playgrounds, and pedestrian/bikeways. 3. Accessory uses and structures customarily associated with the principal uses permitted in this District, including but not limited to swimming pools, spas and screen enclosures, recreational facilities designed to serve the development, and essential services. 4. Guardhouses, gatehouses, and access control structures. 5. Community and neighborhood parks, boat docks and other recreational facilities. 6. Temporary construction, sales, and administrative offices for the Developer and Developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses. DEVELOPMENT STANDARDS A. Table 1 sets forth the development standards for the land uses within the Manchester Square RPUD Residential Development Area. B. Site development standards for single family, two- family, duplex, single - family attached and town home uses apply to individual residential lot boundaries. Multi- family standards apply to parcel boundaries. C. Standards for parking, landscaping (excluding landscape buffer width), signs and other land uses, where such standards are not specified herein, are to be in accordance with the LDC in effect at the time of site development plan approval. Unless otherwise indicated, required yard, height, and floor area standards apply to principal structures. D. Development standards for uses not specifically set forth in this Section shall be in accordance with those standards of the zoning district which permits development that is most similar to the proposed use. E. During the platting process, the developer shall identify the specific housing type intended for each platted tract. Agenda.BCCAGENDA.18822 3 -2 Agenda Item No. 8E December 13, 2005 Page 145 of 156 TABLE I MANCHESTER SQUARE DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREAS PERMITTED USES AND STANDARDS Single Family Detached Two Family Townhome Multi - Family Minimum Lot Area 5,000 SF 3,500 *2 1,408 SF 9,000 SF Minimum Lot Width *3 50' 35' 16' 90' Minimum Lot Depth 100' 100' 88' 100' Minimum Yard Principal Uses: *6 and *7 Front 20' 20' 20' 20' Side 6' 0' and 6' 0' and 6' *4 10' Rear 15' 15' 15' 15' Waterbody * 1 20' 20' 20' 20' Accessory Uses: *6 and *7 Front 20' 20' 20' 20' Side 6' 0' and 6' 0' and 6' *4 10' Rear 10' 10' 10' 10' Waterbody * 1 20' 20' 20' 20' Maximum Building Height (zoned height) 35 feet 35 feet 45 feet not to exceed 3 stories 45 feet not to exceed 3 stories Minimum Distance Between Detached Principal Structures / Accessory Structures *5 12' 12' 1 12' 20'/10' Floor Area Min. (S.F.) 1000 SF 1000 SF I 1000 SF 750 SF All distances are in feet unless otherwise noted. *1 - Principal and accessory structures on waterfront lots may be permitted to be constructed up to, but not encroaching into a drainage easement, with a minimum setback from lake control elevation of 20'. *2 - Each half of a duplex unit requires a lot area allocation of 3,500 square feet for a total minimum lot area of 7,000 square feet. *3 - Minimum lot width may be reduced by 20% for cul -de -sac lots provided the minimum lot area requirement is maintained. *4 - Zero foot (0') minimum side setback on one side of building as long as a minimum 12 foot separation between principal structures is maintained. *5 - Building distance may be reduced at garages to a minimum of 10 feet if detached or 0 feet where attached garages are provided. Multi - family principal buildings shall be separated a minimum of 20' and garages a minimum of 10'. *6 - Building garages must be setback a minimum of 23' from edge of any provided sidewalk. Minimum 20' front yard may be reduced to 15' where the residence is served by a side - loaded or rear entry garage. *7 - Principal and accessory uses shall not be permitted to encroach into any landscape buffer. Agenda.BCCAGENDA.18822 3 -3 SECTION IV RECREATION 4.1 PURPOSE Agenda Item No. 8E December 13, 2005 Page 146 of 156 The purpose of this section is to identify permitted uses and development standards for areas within the Manchester Square RPUD designated on the Master Plan as 'Recreation ". 4.2 GENERAL DESCRIPTION The approximate acreage of the Recreation areas are indicated on the Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreage of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Chapter 4, and Chapter 10 respectively, of the LDC. The Recreation Area is designed as an area which will accommodate a variety of active recreational and personal services for the Manchester Square RPUD residents and guests. 4.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Indoor or outdoor recreational facilities and structures such as pools, fitness facilities, clubhouses, community buildings, playgrounds, playfields, walking trails and tennis courts. B. Permitted Accessory Uses and Structures. 1. Accessory uses and structures customarily associated with principal uses permitted in this District. C. Florida Power and Light Easement Area. 1. Permitted uses shall include; a. Open space, recreational uses, pathways, landscaping and water management b. Project signage 2. Prior to local development order approval, the developer shall obtain approval from FP &L for any improvements located within the FP &L easement area. 4.4 DEVELOPMENT STANDARDS Aeenda.BCCAGENDA.18822 4 -1 Agenda Item No. 8E December 13, 2005 Page 147 of 156 A. Minimum Yard Requirements: 1. Front Yard: Fifteen feet (15') 2. Side Yard: Ten feet (10'). 3. Rear Yard: Fifteen feet (15'). 4. In no instance shall there be an encroachment into a required landscape buffer area. B. Exterior lighting shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. C. Maximum height of structures — Thirty -five (35) feet; except clock towers or similar architectural features, which shall be permitted up to forty (40) feet. D. Minimum distance between structures - Ten feet (10') or greater if required by local fire codes at time of development. E. Parking for uses and structures constructed in the Recreation Area: Parking shall be provided at 75% of the normal LDC requirement for accessory recreational facilities in accordance with the deviation noted in Section 2.5 of the Manchester Square RPU D. F. The developer must provide a CPSC and ASTM certified commercial grade playground designed for 2 -12 year old children for use of residents and guests. The playground must be provided within the common area. The playground area must be operational before the issuance of any certificates of occupancy for any residential units. Developer must provide documentation to the PUD file that the playground meets these requirements. Agenda. BCCAGENDA. 18822 4 -2 SECTION V GENERAL DEVELOPMENT COMMITMENTS 5.1 PURPOSE Agenda Item No. 8E December 13, 2005 Page 148 of 156 The purpose of this Section is to set forth the development commitments for the Manchester Square RPUD. 5.2 PUD MASTER DEVELOPMENT PLAN A. All facilities shall be constructed in accordance with the final site development plans, final subdivision plans and all applicable State and local laws, codes and regulations except where specifically noted. B. The RPUD Conceptual Master Plan (Exhibit A) is an illustration of the conceptual development plan. Tracts and boundaries shown on the plan are conceptual and shall not be considered final. Actual tract boundaries shall be determined at the time of preliminary /final subdivision plat or site development plan approval. C. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all utilities. 5.3 ENGINEERING Except as noted herein, all Project development will occur consistent with the LDC. 5.4 UTILITIES A. Water distribution, sewage collection and transmission systems shall be constructed throughout the Project by the Developer. Potable water and sanitary sewer facilities constructed within platted rights -of -way or within dedicated County utility easements shall be conveyed to Collier County, pursuant to the Collier County Land Development Code, as amended, except as may be provided in this RPUD Document. B. Upon completion of the utility facilities, they shall be tested to ensure they meet Collier County's utility construction requirements in effect at the time construction plans are approved. C. All customers connecting to the potable water and sanitary sewer system shall be customers of the County and subject to Ordinance 2004 -31. 5.5 WATER MANAGEMENT Agenda.BCCAGENDA.18922 5-1 Agenda item No. 8E December 13, 2005 Page 149 of 156 A. In accordance with the Rules of the South Florida Water Management District, this Project shall be designed for a storm event of a 3 -day duration and 25 -year return frequency. B. An Excavation Permit will be required for the proposed lakes in accordance with Chapter 3 of the LDC. All lake dimensions will be approved at the time of excavation permit approval. C. The Manchester Square RPUD conceptual surface water management system is described in the Surface Water Management and Utilities Report which has been included in the RPUD Rezone application materials. 5.6 ENVIRONMENTAL A. An exotic vegetation removal, monitoring and maintenance plan for the site shall be submitted to Environmental Services Department Staff for review and approval prior to final site plan/construction plan approval. A schedule for exotic vegetation removal shall be submitted with the above - mentioned plan. B. All approved Agency (SFWMD, ALOE, FFWCQ permits, if applicable shall be submitted prior to final Site Plan /Construction Plan approval. C. This PUD shall be consistent with the Environmental Section of the GMP Conservation and Coastal Management Element and the LDC at the time of final development order approval. D. This PUD 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. 5.7 TRANSPORTATION The development of this PUD Master Plan shall be subject to and governed by the following conditions: A. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual On Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with and as required by the Collier 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). Agenda.BCCAGENDA.18822 5 -2 Agenda Item No. 8E December 13, 2005 Page 150 of 156 C. Access points, including both driveways and proposed streets, shown on the PUD Master Plan are considered to be conceptual. Nothing depicted on any such Master Plan shall vest any right of access at any specific point along any property frontage. All such access issues shall be approved or denied during the review of required subsequent site plan or final plat submissions. All such access shall be consistent with the Collier County Access Management Policy (Res. 01 -247), as it may be amended from time to time, and with the Collier County Long -range Transportation Plan. The number of access points constructed may be less than the number depicted on the Master Plan; however, no additional access points shall be considered unless a PUD Amendment is approved. D. Site - related improvements (as apposed to system - related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first CO. E. Road impact fees shall be paid in accordance with Collier County Ordinance 01- 13, as amended, and the LDC, as it may be amended. F. All work within Collier County rights -of -way or public easements shall require a - Right -of -way Permit. G. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution 01 -247), as it may be amended, and the LDC, as it may be amended. Collier County reserves the right to modify or close any median opening existing at the time of approval of this 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. H. Nothing in any development order shall vest a right of access in excess of a right in /right out condition at any access point. Neither will the existence of a point of ingress, a point of egress or a median opening, nor the lack thereof, shall be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee. I. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer and Collier Country shall have no responsibility for maintenance of any such facilities. J. If any required turn lane improvement requires the use of existing County right - of -way or easement, compensating right -of -way, shall be provided without cost to Collier County as a consequence of such improvement. Agenda.BCCAGENDA.18822 5 -3 Agenda Item No. 8E December 13, 2005 Page 151 of 156 K. If, in the sole opinion of Collier County, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right -of -way or easement is determined to be necessary, the cost of such improvement shall be borne by the developer and shall be paid to Collier County before the issuance of the first CO. L. Access points to Osceola Trail Boulevard are not to be used unless authorized by the Collier County School District. M. This project's access is limited to Osceola Trail Boulevard unless the developer can provide written evidence satisfactory to County Transportation staff to show that he has exhausted all remedies to gain access approval to Osceola Trail Boulevard with the Collier County School Board to include, but not limited to, seeking approval from the Governor and the Cabinet. Absent approval from the Collier County School Board, the county will grant limited access to Livingston Boulevard. 5.8 Affordable Housing Collier County and the Developer of the Manchester Square RPUD have cooperated to address affordable housing impacts associated with the Manchester Square RPUD. The following financial contribution shall be paid by the developer, or its successors and assigns, to the Collier County Affordable housing Trust Fund. A. One thousand dollars ($1,000.00) per residential dwelling unit constructed within the project shall be paid to Collier County within seven (7) days of the closing on each residential dwelling unit. The payment of the sums set forth in this Section shall reflect a credit to the project's obligations to pay fees that may be adopted in the future by the County relating to the provision of affordable or workforce housing. Aeenda.BCCAGENDA. 18922 5 -4 oLO 1w- a 04 c ' to Q) a) T m a ^^u) W J t .0 Z Z s g- O t.. 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S a 1 HIM I s A l l € �� E gg ad s ael 3+ rr 't.. w i 2 %A�',. gg t: t I j� az� rJ WR r j 1 f 'h rd in 1 3 IFS J (7. 7) r- ` -,. �4�p!'.''^�a +,�� '# e },a"� y n •� 3 f b E 51, t l`��w n .., ^g.3t1 -d'•, �: - i � • ~ fr � : � °�' r t e ` + 3 ,-q �' sp � �'�fiC�f * y. e t �` 'r'=� � � f �� r 'e �.t 1 % ;y # � � 4 � ��� `.n,..+2 �Yr� i ef!'Fi <Sei S - #r�n�#r4 •, j`�L. .•�t i n •. ova x .� t fi, '� w^- �nsarx� -mt^ �' '�q` ,�j &' »s •ins.«; 2 } µ lees e V C ors sa m� { axe RIM, g�^•-+=rxz� •x +. a4ir1'N§ xacs�ry�' -� Y^axP <,;.q,:. 'i •4 f� l a 1 � ya x"K�' t ^N "'marwn`�x n T+'W tu'b 'R+!.NS %k {j(� F � sia f+ � � .,. R� %m, y�� .„� .�.''S'i{dFn ,3 ry - „r�:,.,.,..�,. � f • �„z �. c�r3 °{ � � r "� t+�, A , at, ( �-•* � °<v �r -...,. ��,.,,, ,:N x � A ^,irk w� V 3 C L C U Q i i g� 5 e e ..e OtlYATf109 lIY1LL =OYIT It 1 1 i II i 1 I II ��`• it �I I I � I I� K I I I I II N it her i ;p, c !e I I I I N II 1 1 N II 1 I III II 1 I I g II I i p it I is a J t e J a 3 a a, ~v�—i y m� W Q �n P U J 8 Q H ,:J log COP gig n� go I= 2 E •L 2 a J t e J a 3 a a, ~v�—i y m� W Q �n P U J 8 Q H ,:J log COP gig n� go 2 E Agenda Item No. 9A December 13, 2005 EXECUTIVE SUMMARY Page 1 of 8 APPOINTMENT OF MEMBER(S) TO THE COLLIER COUNTY CITIZENS CORPS OBJECTIVE: To confirm the appointment of I member representing the Collier County Fire Chiefs' Association, with the term expiring on November 5, 2009, to the Collier County Citizens Corps. CONSIDERATIONS: The Collier County Citizens Corps is an I I member committee that was established on November 5, 2002 by Ordinance No. 02 -56 to provide information to the citizens of Collier County and to act as a coordinating agency for the enhancement of activities that support emergency services, law enforcement and disaster prevention, preparedness and response. The committee will assist in the recruitment of volunteers by publicizing and expanding existing community programs such as: Medical Reserve, Neighborhood Watch, Community Emergency Response Teams, Volunteers In Police Service & other public safety and law enforcement programs. They will also facilitate communication between Collier County & State & Federal agencies on mitigation activities as well as to enable Collier County to identify outside resources such as grants, training opportunities and equipment. A list of the current membership is included in the backup. The term for Jerry Sanford representing the Collier County Fire Chiefs' Association expired on November 5, 2005. A memo was received from the Collier County Fire Chiefs' Association recommending the confirmation of the reappointment of .ferry Sanford. ORGANIZATIONS RECOMMENDATION: Jerry Sanford — Collier County Fire Chiefs' Association FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners confirm the recommendation for appointment, appoint I member, and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: DECEMBER 13, 2005 Agenda Item No. 9A De —ember 13, 2005 Paine 2 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. 9A Item Summary: Appointment of member to the Collier County Citizens Corps. Meeting Date: 12113/2005 9:00:00 AM Prepared By See Filson Executive Managar to the BCC Date Board of County BCC Office 1911i30,1005 8:92:01 AM Commissioners Approved By James V. Mudd County Managar Date Board of County County Manager's Office 71J217005 3:56 PM Commissiaoers CoMer County IFiTe (CMafs, A,� Big Corkscrew Island City of Marco Island City of Naples East Naples November 18, 2005 Golden Gate Ochopee Immokalee Collier E.M Isles of Capri Collier EMS North Naples Florida D.O.F Please allow this letter to serve as nomination for Jerry Sanford to serve as the Collier County Fire Chiefs Association Representative to the Citizen Corps Advisory Committee. If you have any further questions or concerns regarding this matter, please do not hesitate to contact me. Respectfully Submitted, J`U a M Cs'r zaev, e Rita M. Greenberg, President CCFCA Big Corkscrew Island F/R 13240 Immokalee Road Naples, FL. 34120 239455 -1204 chief6Dbcifr.com lo. 9A 2005 3 of 8 Agenda Item No. 9A December 13, 2005 Page 4 of 8 Collier County Citizens Corps Work Phone Name Home Phone Appt'd DateRe -apps Erp. Date Term 1ndExpDate 2nd Term Mr. Russell D. Rainey 11101105 11105/06 1 Year 3725 Montreux Lane, #104 430 -0214 Naples, FL 34114 E -Mail: russelld.rainey@att.net District: Category: Community Emergency Response Team CERT Ms. Deborah Horvath 596 -6868 11/05/02 11/05/06 4 Years 3060 Round Table Lane 775-8668 Naples, FL 34112 E -Mail: District: 1 Category: American Red Cross Mr. Robert Rohiand 775 -9447 11/05/02 11 105106 4 Years 825 Ketch Drive, #203 434 -0834 Naples, FL 34103 E -Mail: District. 4 Category: Salvation Army Mr. Floyd R. Chapin 11101105 11/05/09 4 Years 228 Belina Drive, #12 353 -5006 Naples, FL 34104 E -Mail: schapin43 @aoLcom District: 3 Category: Collier Emergency Response Volunteers CERV Mr. Douglas R. Porter 11101105 11/05/06 1 Year 160 Mullet Court 417 -9890 Naples, FL 34102 E -Mail: dporterl43 @comcast.net District: 4 Category: Civil Air Patrol CAP {Wednesday. Xmwmber 02, 2005 Page 1 of 3 Agenda Item No. 0A December 13, 2005 Page 5 of S Collier County Citizens Corps Name Rork Phone Appt `d Exp. Date Term Home Phone DateRe -appt 2ndExpDate 2nd Term Mr. James H. Elson 860 -0009 11/05/02 11/05/06 4 Years 680 8th Avenue, South 434 -2652 Naples, FL 34102 E -Mail: District. 4 Category: Collier County Veterans Council Mr. Reginald A. Buxton, II 572 -0051 10/14/03 11/05/05 2 Years 11806 Quail Village Way 514-2371 11101105 11/05/09 4 Years Naples, FL 34119 E -Mail. nnjournal swfla.rr.com District: 3 Category: Business & Industry (Chamber) Mr. Jerry Sanford 597 -3222 09/28/04 11/05/05 1 Year 1347 Old Oak Lane 596-7959 Naples, FL 34110 E Mail: gsanford @northnaplesfire.com District: 2 Category: Collier County Fire Chiefs Association Captain Walter R. Jaskiewicz 11/05/02 11105105 3 Years 420 South Barfield Drive 389 -0723 11/01/05 11/05/09 4 Years Marco Island, FL 34145 E -Mail. captwrj @aol.com District: 1 Category: Coast Guard Auxiliary Mr. Gerald Sugarman 304 -5444 01/14/03 11/05/05 3 Years 1074 Camelot Circle 304 -5444 11/01/05 11/05/09 4 Years Naples, FL 34119 E -Mail: gerrysugie @aol.com District: 3 Category: Retired Senior Volunteer Program RSVP Jf'ednesdar. A'menrber 02 2005 Page 2 of 3 Agenda item No. 9A December 13, 2005 Page 6 of 8 Collier County Citizens Corps Name Work Phone Appt'd Exp. Date Term Home Phone DateRe -appt 2ndExpDate 2nd Term Captain Nancy L. Reed 774 -4434 11101105 11/05/09 4 Years 3301 E. Tamiami Trail 352 -8863 Naples, FL 34112 E -Mail. emops @coiliersherifforg District. Category: Sheriffs Office This 11 member committee was established on November 5, 2002 by Ordinance No. 02- to provide information to the citizens of Collier County and to act as a coordinating agency for the enhancement of activities that support emergency services, law enforcement and disaster prevention, preparedness and response. The committee wfll assist in the recruitment of volunteers by publicizing and expanding existing community programs such as: Medical Reserve, Neighborhood Watch, Community Emergency Response Teams, Volunteers In Police Service & other public safety and law enforcement programs. They will also facifiitate communication between Collier County & State & Federal agencies on mitigation activities as well as to enable Collier County to identify outside resources such as grants, training opportunities and equipment. FL STAT President through the Office of Homela _a o_ Staff. Jim von Rinteln, Emergency Management Department: 7748444 Wednesday. Am-ember 02. 2005 Page 3 of 3 filson_s From: advisoryboards @colliergov.net Sent: Monday, November 14, 2005 10:50 AM To: filson s Subject: New On -line Advisory Board Application Submitted. c, c.nty Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Tel: (239) 774 -3602 Fax: (239) 774 -3602 November 14, 2005 Application for Advisory Committees / Boards Name: Gerald Sanford Home Phone: 239 -596 -7959 Home Address: 1347 Old Oak Lane City: Naples Zip Code: 34110 Fax Number: 239 -597 -7082 Business Phone: 239- 597 -3222 Email Address: gsanford @northnaplesfire.com Page 1 of 2 Agenda Item, No. 9A December 13, 2005 Page 7 of 8 -;I M , .F Place of Employment: North Naples Fire Control & Rescue District 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 / Committee Applied for: Collier County Citizen Corp Category: (if applicable) Fire Chief s Representative Do you currently hold public office? No 11/14/2005 Do you now serve, or have you served on a Yes Collier County board or committee? If yes, please list the boards / committees: I currently serve on the Citizen Corp representing the Collier County Fire Chiefs Association and will be happy to continue to serve in that capacity. Please list your community activities: I am the Public Information Officer for the North Naples Fire Control & Rescue District and Coordinator of the CERT program in North Naples. President of the Gulfcoast Retired Firefighters Association. Education: High School graduate and some college credits. Experience / Background: Proudly served 30 years in the New York City Fire Department. The last 10 years spent as the Press Secretary to the Fire Commissioner. After relocating to Naples, I was hired as the Public Information Officer for the North Naples Fire District in 2000. 11/14/2005 Page 2 of 2 Agenda Item No. 9A December 13, 2005 Page 8 of 8 Agenda Item No. 913 December 13, 2005 EXECUTIVE SUMMARY Page 1 of 17 APPOINTMENT OF MEMBER(S) TO THE PARKS AND RECREATION ADVISORY BOARD OBJECTIVE: To appoint 2 members to serve 4 year terms, expiring on December 31, 2009, to the Parks and Recreation Advisory Board. CONSIDERATIONS: The Parks and Recreation Advisory Board has 2 terms expiring on December 31, 2005, representing the Naples and Urban Area Community Park District. Representation on this board consists of 1 member from the Immokalee Community Park District, and 6 members from the Naples and Urban Area Community Park District. This 7 member board advises the Board of County Commissioners on matters pertaining to the acquisition, development and programs involving the County's park facilities. Terms are 4 years. A list of the current membership is included in the backup. The terms for Timothy D. Toole and Joseph C. Overbeck will expire on December 31, 2005. A press release was issued and resumes were received from the following 3 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Timothy D. Toole — reappt Naples and Urban Area 2 Yes PARAB Community Park District Joseph C. Overbeck- reappt Naples and Urban Area 1 Yes PARAB Community Park District Charles C. Slaght Naples and Urban Area 2 Yes None Community Park District COMMITTEE RECOMMENDATION: FISCAL IMPACT: NONE Timothy D. Toole — reappointment Joseph C. Overbeck - reappointment GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: 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: DECEMBER 13, 2005 Agenda Ilem No. 913 Occember 13. 2DO5 Page 2 of 17 COLLIER COUNTY BOARD OF COUNTY COMMISVONFIRS Item Number: 9B Item Summary: Appointment of members to the Parks and Recreation Advisory Board. Meeting Date: 1211W2,005 9:00.0 AM Prepared By Sue Filson E-..,tw. Manage, to tlh,! BCC [W. Board of County BCC Office 11/36/2085 8:02:01 AN C—mis.i—eirs. App—rd By Jamie. V. Mudd County Manager Data Board of county Cowry Manage". office 11130120059:17 AM Commission ©rs Agenda Item No. 9B December 13, 2005 Page 3 of 17 MEMORANDUM DATE: November 22, 2005 TO: Sue Filson, Executive Manager Board of County Commissioners FROM: Tona Nelson, Senior Administrative Assistant Department of Parks and Recreation RE: Parks and Recreation Advisory Board At the regularly scheduled meeting of November 16, 2005 the Parks and Recreation Advisory Board recommended the selection of Joseph C. Overbeck and Timothy Toole to retain their seats on the advisory board. The candidates were ranked as follows: 1. Joseph C. Overbeck 2. Timothy D. Toole 3. Charles C. Slaght Charles C. Slaght appears to be qualified for a position on the Advisory Board. I have attached the attendance record as requested. If you need any further information, please call me at 353 -0404. XF., s-- �v v v en© Q 00 L ca m N Q O qw cc 0 L cc N ;69 c0 a V_ wO W c �a Q O O N UA Q V W D Ox x x x x x x Z H � X x; x x x O F" IL W x x x x x x x V1 x x 'f; x x x x a J C OE N O 7 W Z 7 x x x x x x x q x x x x x S{ ax x x x x x x a x caxxx Wx l x x x x LL i I I I ax x x x x 0 E �o E m U > � o Ul 0 a 1 Y L LL - �►+ O 0 co N = V Cj) � F- W 0 N o 72 � Q ZOO 0 2 O !O Agenda Item No. 98 December 13, 2005 Page 5of17 Parks and Recreation Advisory Board Name Work Phone Appt'd Exp. Date Term Home Phone DateRe -apps 2ndExpDate 2nd Term Mr. Darrol R. Riffle 450 -3366 03/08/05 12/31/06 2 Years 5950 Cope Lane 774 -5846 Naples, FL 34112 E -Mail. Skip @familybikecenter.com District: 3 Category: Urban Mr. Timothy D. Toole 1819 Princess Court Naples, FL 34110 E- Mail.- tim @naplestitle.com Distrid. 2 Category: Urban Mr. John MacDougall 9809 Whitehall Street Naples, FL 34109 E -Mail: District. 2 Category: Urban Mr. John P. Ribes 218 Woodshire Lane Naples, FL 34105 E Mail: District: 4 Category: Urban Mr. Frank Donohue 5961 Westport Lane Naples, FL 34116 E -Mail. District. 3 Category: Urban 643 -1844 03/08/05 597 -8690 370 -3304 10/22/02 598-4105 02/10/04 261 -4007 10/24/00 02/10 -04 597 -4575 05/28/02 353 -8584 01/14/03 Wednesday, March 09, 2005 Page l of 2 12/31/05 12/31103 12/31 /07 12/31/03 12/31/07 12/31/02 12/31/06 9 months 1 Year 4 Years 3 Years 4 Years 7 months 4 Years Agenda Item No. 9B December 13, 2005 Page 6of17 Parks and Recreation Advisory Board Mr. Joseph C. Overbeck 06/08/04 12/31/05 1.5 Years 8072 Tiger Lily Dr. 793 -7339 Naples, FL 34113 E Mail. jco @comcast.net District: 1 Category: Urban This 7 member committee was created by Guidelines established on 11/25/75 and confirmed by Ord. No. 93-81 to advise the Board of County Commissioners on any matters concerning -- acquisition, development and programs involving parks and recreation facilities in Collier County. Membership consists of 1 member from the Immokalee Community Park District, and 6 members from the Naples and Urban Area Community Paris District. Terms are 4 years. FL STAT Staf. Maple ae'; Parks and Recreation Director. 353 -0404 0s. .- , . . i. Wednesday, March 09, 2005 Page 2 of 2 Work Phone Appt'd Exp. Date Term Name Home phone DateRe -appt 2ndExpDate 2nd Term Mr. Edward Olesky 05/26/98 12/31/98 7 Months 6001 Lake Trafford Road 657 -2401 01/14/03 12/31/06 4 Yrs. Immokalee, FL 34142 E -Mail: District: 5 Category: Immokalee Mr. Joseph C. Overbeck 06/08/04 12/31/05 1.5 Years 8072 Tiger Lily Dr. 793 -7339 Naples, FL 34113 E Mail. jco @comcast.net District: 1 Category: Urban This 7 member committee was created by Guidelines established on 11/25/75 and confirmed by Ord. No. 93-81 to advise the Board of County Commissioners on any matters concerning -- acquisition, development and programs involving parks and recreation facilities in Collier County. Membership consists of 1 member from the Immokalee Community Park District, and 6 members from the Naples and Urban Area Community Paris District. Terms are 4 years. FL STAT Staf. Maple ae'; Parks and Recreation Director. 353 -0404 0s. .- , . . i. Wednesday, March 09, 2005 Page 2 of 2 MEMORANDUM F DATE: October 24, 2005 TO: Elections Office FROM: Sue Filson, Executive Manager Board of County Commissio Agenda Item No. 9B December 13, 2005 Page 7 of 17 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. PARAB COMMISSION DISTRICT Timothy D. Toole 1819 Princess Court Naples, FL 34110 Charles Clifford Slaght 2918 Lone Pine Lane Naples, FL 34119 Joseph C. Overbeck 8072 Tiger Lily Drive Naples, FL 34113 Thank you for your help. Agenda Item No. 9B MEMORANDUM (Jecem Page 8 of 1 Page 8 of 17 7 DATE: October 24, 2005 TO: Maria Ramsey, Public Services Administrator FROM: Sue Fin, Executive Manager Board of County Commissioners RE: Parks and Recreation Advisory Board 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. Timothy D. Toole 1819 Princess Court Naples, FL 34110 Charles Clifford Slaght 2918 Lone Pine Lane Naples, FL 34119 Joseph C. Overbeck 8072 Tiger Lily Drive Naples, FL 34113 PIease 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 include in your return memo the attendance records of the applicants to be reappointed. 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 0 • U Agenda Item No. OB December 13, 2005 Board of County Commissioners Page 9 of 17 3301 East Tamiami Trail Naples, FL 34112 Fax: (239) 7784 36fk ENE 1 OCT 14 2005 1 i Board of County Commissioners Application for Advisory Committees/Boards Name: vt t Anj Home Phone:,2 39- S 19 - $ C9 b Home Address: \ t-: ry- ,Iv' C L,, Code: Fax No.23Ei- GH - S'144ABu\siness Phone: a3 ► - GL43- 114 e-mall address: Tw.� t1oAnlei► :'tt e.., Place of Employment: 1 V el2s Board or Committee Applied for: Pc,t -�-'5 Category (if applicable): Example: Commission District, Developer, environmentalist, lay person, etc. How long have you lived in Colder County: Years 1 -5 Months Are you a registered voter in Collier County: Yes L/ No Do you currently hold public office? Yes No If so, what is that office? Have you ever been convicted of any offense against the Law? If yes, explain: Yes No '� Do you now serve, or have you ever served, on a Collier Count( board orI committeet Yes o If yes, please list the committees/boards:g �a- Please list your community activities (civic clubs, nei hborhood ti s, etc. and positions held: ; Education: ��� - 1-t,.e ' 014 05S Experience: Pava_ 52.rvt.1 0- Ak' l' y 11\ CR— Please attach any additional information you feel pertinent This application should be forwarded to Sue Filson, Frecative Manager to the Board of County Commissioners, 3301 East Tamianu Troll, Naples, FL 34112 If you wish, please fax your application to (239) 774 -3602 or e-mail to suefJsonna colliereov.net Thank you for volunteering to serve the citizens of Collier County. Page 1 of 2 Agenda Item No. 9B December 13, 2005 Page 10 of 17 ... -I s : advisoryboarcls�co6ergov.net Sent: Thursday, October 06, 2005 9:44 AM To: 21son s Subject- New On4ne Advisory Board Application Submitted. 1uc.nt► Board of County Commissioners , 3301 East Tamiami Trail Naples, FL 34112 Tel: (239) 774 -3602 Fax: (239) 774 -3602 rr, October 06, 2005 Application for Advisory Committees / Boards Name: Charles Clifford Slaght Home Phone: 239 -398 -4884 Home Address: 2918 Lone Pine Lane '1 City: Naples Zip Code: 34119 Fax Number: No information provided. Business Phone: 239 - 3984884 Email Address: csiaght @swfla.rr.com Place of Employment: Retired US Navy 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 / Committee Applied for: Parks and Recreation Advisory Board Category: (if applicable) Urban Area Community Park District Do you currently hold public office? No 10/6/2005 Do you now serve, or have you served on a No Collier County board or committee? Please list your community activities: YMCA Volunteer Aquatic Facility Director and Masters swimming coach (2004) Southwest Florida Aquatics Volunteer (2005) Puglic Motivational speaker Education: AA Urban/Regional Geography BSB Physical Education/Recreation MA Reading Education MEd Educational Leadership /Human Resources EdD (ABD) Educational Leadership /Business Administration (human resources) Experience / Background: Run many aquatics/fitness /coaching programs in California, Florida, NC, and SC American Red Cross Instructor Trainer and volunteer instructor Aquatics Director /coach at YMCA Manager large urban Tennis /Swimming club San Diego Military Morale Welfare and Recreation liasion Design and build aquatic facilities (Aquatics Associates, Inc.) Fitness specialist for major city facility (Lenoir, NC) Registration Chairman, Amatuer Athleteic Union (CA) United Way and Combined Federal Campaign director Florida/Georgia Volunteer coached US Swim and high school teams See resume sent in mail today, Thanks 0 10/6/2005 Page 2of2 Agenda !tern too. 9 December 13, 2005 Page 11 of 17 V0 Charles Clifford Slaght t No. 9B e 13, 2005 12of17 RED EIVED ClPsmt I Board of County Commissioners 2918 Lone Pine Lane Naples, Florida 34119 (239) 398 -4884 VISION To empower people and organizations to significantly increase their performance capacity in order to achieve worthwhile purposes through innovation, counsel, wisdom, diligent care, and vibrant principle- centered servant leadership! EDUCATION UNIVERSITY OF NORTH FLORIDA Jacksonville, Florida Doctorate of Educational Leadership / Business Human Resources, ABD UNIVERSITY OF NORTH FLORIDA Jacksonville, Florida Master of Education, Supervision and Administration, May 1995 APPALACHIAN STATE UNIVERSITY Boone, North Carolina Master of Arts, Reading Education K -12, June 1980 APPALACHIAN STATE UNIVERSITY Boone, North Carolina Bachelor of Science, Physical Education/Exercise Physiology K -12, June 1979. GROSSMONT COLLEGE El Cajon, California Associate of Arts, Geography / Urban Planning Satellite Imagery, June 1972 HONORS Honor Student Teacher, 1978 Awarded Double Research/ Teaching Assistantships 1979 -1980, 1995 -1996 Honor Educational Society Member (3) Research Fellowship / UNF 1995 -1996 Missionary to Thailand / Christians In Alliance 2000 ASCA Level 4/5 E&E Age Group and Master's Coach EXPERIENCE SOUTHWEST FLORIDA AQUATICS FOUNDATION, INC. Naples, Florida Chief Executive Officer / Head Coach June 2005- present Promote aquatic programs of excellence throughout the USA. Foster quality aquatic programs for all ages. Develop corporate and individual financial stability and provide facilities for their growth. COLLIER COUNTY YMCA Naples, Florida Director Norris Aquatic Center/ Head Coach March 2004 -March 2005 Conceptualize and develop a world class aquatics program. Mentor all levels beginning to elite aquatics programs. Build a total quality organization WINSTON FAMILY YMCA / NEASE HIGH SCHOOL Ponte Vedra, Florida Head Coach, February 2001- February 2004: Nease 1999 -2004 Develop total quality aquatics program for area swimmers. Triathlete coaching and fitness swimming for all ages. Mentoring program. Includes development of Landrum Middle School, elementary schools, and area private schools competitive programs. Development of alternative private funding sources and direction of parent and coaching staff. Masters and Triathlete programs Agenda Item No. 9B December 13, 2095 Page 13 of 17 9 Charles C. Slaght 2 BEACHES AQUATICS CENTER Jacksonville, Florida Head Coach, April 1983 -2000 Develop and lead coaching staff and parent association for the benefit of swimmers and aquatics through out northeast Florida. Masters and Triathletes UNIVERSITY OF NORTH FLORIDA Jacksonville, Florida Research Fellow, August 1995 to May 1996. Various research projects for College of Education. Statistical Studies. Design communication programs. Produce conference papers. Logistics. OTHER WORK Entrepreneur - Owner of sporting goods wholesale company and aquatic and coaching consultant, [AA & CSSS j. Owner of two restaurants, [ C &S Slaght, Inc.]. Educational Consultant: Baker County School District SLD /SED program design. Business Consultant: HR and Strategic Logistical Management. Integrity International [I I], LLC, developing mentoring, TQM, and corporate climate development: Strategic Logistics Management consultant. Southwest Florida Aquatics Foundation, Inc. CEO /Chairman of Board. Grant Writer - for various agencies, schools, and for professional development Director, Volunteer Chairman of Security for "Tournament Players • Championship" and "Mazda Senior Championship" for the PGA Tour. Director, "Scout World" golf and softball benefit tournaments. Security - professional and volunteer security services development for health care, industry, military, personal, and research. MILITARY UNITED STATES NAVY Lieutenant / 0-3 Surface Warfare Officer /Intelligence /Special Operations; Equal Opportunity Officer -in- Charge. Awarded "Model Base" status. Administrative, "Family Service Center," a total counseling and job placement center. Recycling Officer. Special Assignment, Legal Hold Barracks, Security for TPC, and Base Beautification. Other areas assigned: Satellite Imagery/Special Operations Physical and Nuclear Weapons Security Officer. Tactical Action Officer. Intelligence Officer. Officer of the Deck Underway. Command Duty Officer. Base Family Abuse Officer. Military Training Officer. Director, Combined Federal Campaign/United Way Florida/Georgia. Director, United States Savings Bond Drive Florida/Georgia. Scout World Fund Raising Chairman. Morale, Welfare, and Recreation Officer, Officer's Club Manager. Job Fair Coordinator. • Retired Affair's Liaison. Recycling Officer Agenda Item No. 9B December 13, 2005 Page 14 of 17 Charles C. Slaght 3 Naval Liaison, Naval Air Station's Admiral for naval personnel detached for volunteer services and Security. Awarded, "Keep America Beautiful," and "National Coalition of Recycler's" top corporate award, "Base Excellence" award. ACHIEVEMENTS SR7MMING American Swimming Coaches Association Member 1974 -2005 USA Swimming founding member AAU Registration Chairman, San Diego, California Various AAU National Committees Member Professional Swimming League charter member (Florida) National Age Group Record holder 1964 National Level Swimmer and Triathlete. Coached swimmers to world/national records and multiple national titles Coached swimmers successfully all levels in CA, FL, NC, SC. Developed four county swimming programs for twelve high schools. Promoted numerous Triathlon / Duathlon events in Florida. Beaches Aquatic Center head swimming coach/Aquatics 1983 -2000 Coach/Swimmer trainer Charleston, SC 1980 -1983 Lenoir Aquatics/Fitness Director head swimming coach 1976 -1980 Mission Valley Tennis Club head swimming coach/Aquatics 1969 -1974 Aquatic Director Sumter, N.C. YMCA and Swimming Coach 1980 -1982 Water Safety Instructor Trainer American Red Cross. Swimming coach/coach trainer Caldwell County High Schools 1976 -1980 Appalachian State University assistant coach 1976 -1979 Cocoa Beach Aquatics Director/head swim coach 1974 -1976 Melbourne Central Catholic High School, swimming/diving head coach. West Caldwell High School, swimming/diving head coach. Nease High School assistant swimming coach, 1999 Nease High School head swimming and diving coach 2000 -2004 Landrum Middle School swimming coach 2003 -2004 Triathlon coach 1983 - present Masters swim coach 1983- present AAU/USA Swimming coach 1969- present SKILLS Research and Devdopnunr Preparation and Presentations Legal Briefing Public/Motivational Speaker Corporate Culture Change Mentor Mentoring Mentors Program Development "Horizontal Management" "Theory R Management" "Diligent Care" "Reengineering Corporations" "Reengineering Management" "Total Quality Management" "Micro- management" for success Change Development Theory Minimum Manning with Quality Director of Sumter, S.C. "Little Theater" community plays Agenda item No. 9B December 13, 2005 Page 15 of 17 0 Charles C. Slaght 4 Era 3 Management, Diligent Care, Due Regard Strategic Logistical Management / Analysis Team Development Security Issues and Consultation Human Resources Management Development Mentoring for corporate success Mentoring for high school success "Success For All" program development Individualism in the "Echo Society" Performance Exceeding Potential "YES to YES" coaching Educational Developed Vocational Reading Programs for South Carolina schools. Developed Disabled Readers Laboratory for South Carolina schools. Swimming Coach for over thirty years, all levels. Adjunct Professor, Physical Education, UNF. Adjunct Professor, Reading, Florida Community College Jacksonville. "Total Quality Management," a military approach. "Sexual Harassment" and "Managed Equal Opportunity." Research Fellow (Double Awards), University of North Florida and ASU RELEVANT Educational Leadership & Human Resources: 121+ firs. Graduate & Post -Grad. COURSES Strategic Logistics Management: Business Management Administration Reading Education: 36 hours Graduate level. Physical Education: 71 hours Undergraduate level. Geography / Urban Planning: 42 hours Undergraduate level. Educational Leadership Doctoral Cohort 1995 University of North Florida LICENSES Teaching Certification in North Carolina and South Carolina. Leadership and Administration Temporary Certification Florida. Water Safety Instructor - Instructor Trainer, American Red Cross. (N.C.) Private Pilots License MEL MES 1968 -1973. PADI Open Water, Master Diver, Salvage Certified. Commercial Drivers License. American Red Cross Swimming Coach certification American Red Cross CPR/AED and First Aid certification American Swim Coaches Association Level 4 E&E Certification American Swim Coaches Association Masters Level 5 E&E Certification PUBLICATIONS "Swimming Technology," magazine. "Junior Swimmer and Swimming World," magazines. Master's Thesis on, "Socio-Economic Influences and the Disabled Reader." Video taped series (32) on Aquatics and Safety for the State of South Carolina Various conference papers. Various unpublished papers. Grant writing for N.E. Florida homeless shelters. . Doctoral dissertation on mentoring. Motivational speaker / Clinic presenter Multiple organizational newsletter articles. 'ison s Wom: advisoryboardsQcoltergov.net Sent.. Monday, October 03,2005 10:09 AM To: Slson s Subject: New On-One Advisory Board Application Submitted. ca c ..t , Board of County Commissioners 3301 East Tamiarni Trail Naples, FL 34112 Tel: (239) T74 -3602 Fax: (238) TT4 -3602 October 03, 2005 Application for Advisory Committees / Boards Page 1 of 2 Agenda Item No. 913 December 13, 2005 Page 16 of 17 Name: JOSEPH C. OVERBECK Home Phone: 239 -793 -7339 Home Address: 8072 TIGER LILY DR. -4 City: NAPLES Zip Code: 34113 Fax Number: 239 - 793 -4741 Business Phone: No information provided. Email Address: JCO @COMCAST.NET 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 ! Committee Applied for: PARAB Category: (if applicable) No information provided. Do you currently hold public office? No 10/3!2005 Do you now serve, or have you served on a Yes Collier County board or committee? If yes, please list the boards / committees: PARAB Please list your community activities: DIRECTOR PARAB COLLIER MODEL AERONAUTIC CLUB PRESIDENT TIGER ISLAND ESTATES INC. PRESIDENT Education: B.S. ENGINEERING M.S. BUSINESS Experience / Background: RETIRED CEO MOTORWHEEL CORP. RETIRED CHAIRMAIN ALUMITECH CORP. RETIRED DIRECTOR BANK ONE RETIRED DIRECTOR CITIZENS BANK (MICHIGAN) 0 10/3/2005 Page 2 of 2 Agenda Item No. 913 December 13, 2005 Page 17 of 17 Agenda Item No. 9C December 13, 2005 EXECUTIVE SUMMARY Page I of 21 APPOINTMENT OF MEMBER(S) TO THE BLACK AFFAIRS ADVISORY BOARD OBJECTIVE: To appoint 3 members to fulfill the remainder of vacant terms, expiring on June 26, 2009, to the Black Affairs Advisory Board. CONSIDERATIONS: The Black Affairs Advisory Board had 3 terms expire on June 25, 2005. This 9 member committee identifies and evaluates problems unique to the Black Community, reviews and recommends ways to ensure open communication between the minorities and Collier County Government and provides periodic reports to the Board of County Commissioners. A list of the current membership is included in the backup. The terms for Rufus H. Watson, Felicia Watson, and Antoine L. Washington expired on June 25, 2005. Additionally, there is I vacant position for a total of 4 vacancies. A press release was issued and resumes were received from the following 3 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Stewart C. Brown n/a 3 Yes None John M. Brunner n/a 2 Yes None Fay E. Ghorayeb n/a 4 L Yes None COMMITTEE RECOMMENDATION: No recommendation for lack of quorum. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the requests for appointment, appoint 3 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: DECEMBER 13, 2005 Agenda Item No, 9C December 13 2005 Page 2 of 21 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. 9C Item Summary: Appointment of members to the EllaCK Affairs Advisory Board. Meeting Date: 12ilW2005 9:00:00 AM Prepared By Sue Fuson Ex.-tNe Manager to M. BCC D.f. Board of County BCC Office 1113012005 9:02:01 AM Commissioners, Approved By Lee E. 00s, Jr. Deputy County M—agor Date Board of County c...t.M.".. County Manager. Offi.. 11;30!2005 4:22 PM Agenda Item No. 9C December 13, 2005 Page 3 of 21 To: Sue Filson Memorandum Board of County Commissioners From Terri Daniels Collier County Human Services Date: November 21, 2005 Subject: Black Affairs Advisory Board I am receipt of the applications for appointment to the Black Affairs Advisory Board. However, no action has been taken on these as there has not been a meeting since May 2005. The Advisory Board Chairperson, Irene Williams' home suffered severe fire damage in June and would undergo months of renovation. I asked that she let me know when she would be able to resume attending meetings. In the meantime, since the board is down to five members, there would be no quorum without all members present. I have not heard from other members of the board, therefore there have been no meetings scheduled. The advisory board typically has no meeting in December, so I can try to contact members to schedule a meeting in January to see which if existing members are still interested in continuing to serve on this board. At that time, it may be possible to recommend appointment for the applications that were received. If you need additional information, please contact me at (239) 732 -2689. cc: Marla Ramsey, Administrator, Public Services Barry Williams, Director, Human Services Winona Stone, County Manager's Office Agenda Item No. 9C December 13, 2005 Page 4 of 21 Name Black Affairs Advisory Board Work Phone Appt'd Exp. Date Home Phone DateRe -appt 2ndExpDate Term 2nd Term Mr. Rufus H. Watson 403 -0355 12102/97 06/25/01 4 Years 4822 Tahiti Lane 352 -2782 06/26/01 06/25/05 4 Years Naples, FL 34112 E -Mail. District. 1 Category: Ms. LaVerne C. Franklin 352 -2868 04 /11 /00 06/25/03 3 Years 7705 Kiwi Place 09/10/03 06/25/07 4 Years Naples, FL 34112 E -Mail: District. 1 Category: Ms. Felicia Watson 649 -3310 09/28/04 06/25/05 / r/ 10610 Noahs Circle, #611 354-3562 9 Mo. Naples, FL 34116 E -Mail: District: 3 Category: Ms. Mary Linda Sanders 09/10/03 06/25/07 4 Years 354 Dover Place, #103 649 -4483 Naples, FL 34104 E -Mail. District. 4 Category: Ms. Jodi Bisogno 262 -8923 01/14/03 06/25/06 4 Years 659 108th Avenue, N. 597 -3943 Naples, FL 34108 E -Mail. District. 2 Category: Thursday, SVtmher 30. 2004 Page I of 3 Agenda Item No. 9C December 13, 2005 Page 5 of 21 Black Affairs Advisory Board Name Work Phone Appt'd Exp. Date Term Home Phone DateRe -appt 2ndE.xpDate 2nd Term Ms. Irene Williams 09/10/03 06/25/07 4 Years 4555 25th Court, S.W. 455-5033 Naples, FL 34116 E -Mail: icywilliams@aol.com District. 3 Category: Mr. Peter Herard 658 -1676 04/13/04 06/25/06 2421 2nd Avenue, N.E. 455 -8938 Naples, FL 34120 E Mail: District. 5 Category: Mr. Antoine L. Washington 867 -3100 11/18/03 06/25/05 P.O. Box 110285 596 -6269 2 Years Naples, FL 34108 E Mail. District. 2 Category: 06/25/06 Naples, FL E -Mail. District. Category: Thursday, September 30, 2004 Page 2 of 3 2 Years Agenda Item No. 9C December 13, 2005 Page 5 of 21 Black Affairs Advisory Board Work Phone App( Id Exp. Date Term Name Home Phone DateRe -apps 2ndExpDate 2nd Term This 9 member board was created on May 14, 1991, by Ord No. 91 -38 & 91 -77, to identify and evaluate problems unique to the Blade Community, review and recommend ways to ensure open communication between minorities and collier County Government and provide periodic reports to the Board of county Commissioners. Amended on 08113/91 by Ord. 91 -77 to increase membership from 7 to 9 member. Terms are 4 years. FL STAT none Staff. deFiri 9w inuclt, Public ftivices Adlifilfistraw. ''j-ery - 1.�.t' rllt4j hlvr►M n Ser✓jl es 73 Zt - �(0 Aursday, September 30, 2004 Page 3 of 3 Agenda Item NQ. 9C December 13, 2005 MEMORANDUM Page 7 of 21 I DATE: October 24, 2005 TO: Elections Office FROM: Sue Filson, Executive Manager Board of County Commissions RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the counWs 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. BLACK AFFAIRS ADVISORY BOARD COMMISSION DISTRICT Stewart C. Brown 4436 Prescott Lane Naples, FL 34119 Thank you for your help. MEMORANDUM DATE: October 1, 2005 TO: Elections Office FROM Sue Filson, Executive Manag , Board of County Commissioner RE: Voter Registration - Advisory Board Appointments Agenda Item No. 9C December 13, 2005 RECE*ED1 0 C T 0 4 2005 Board of County Commissioners 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. BLACK AFFAIRS ADVISORY BOARD John M. Brunner 763 98" Avenue, North Naples, FL 34108 Fay E. Ghorayeb 216 Colonade Circle Naples, FL 34103 Thank you for your help. CONMSSION DISTRICT 2 Agenda Item fro. 9C December 13, 2005 MEMORANDUM Page 9of21 DATE: October 24, 2005 TO: Terri Daniels, Human Services FROM: Sue Filson, Executive Manager Board of County Commissioners RE: Black Affairs Advisory Board 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: Stewart C. Brown 4436 Prescott Lane 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 include in your return memo the attendance records of the applicants to be reappointed. 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 2000 18:58 9414554336 A PAGE 02 Agenda Item No. 9C DeceriiU -6r 13, 2005 u ua u1:nap I.0111er uounty lititia Page 10oftl Board of Count} Commissioners �_....._.i 3301 East Tamiami Trail Maples, FL 34112 , (239) 774 --8097 Fax: (239) 774 -3602 �' > Application for Advisory Committees/Boards Name: 0"-r- C Home Phone: 291gr eJ�1�5 '8%337 Home Address: 4f46,-U J0A"S'92.cr77_ �1 Zip Code: 4S */f / O Fax No. Business Phone: a -mail address: Plaice of Employment: aT /tzeA ' w,-*G 6'G�lln .G Board or Committee Applied for: 2A ; IG a Sr7s„zV Category (if applicable): Example: Commission Distrieu Developer. envirenmentaiiat, lay person. ate. How long have you lived in Collier County: Are you a registered voter In Collier County Years Months yet„_ ! .No Do you currently hold poblic office? Yes No If be, what is that Have you ever been convicted of any offense against the Law? Yes___, ____ _ - _,tio Ae/ I f yes, ex ;ffaih: f/ Da yaw now Tern, or have you ever served, 4w a Collier County board or commirtee? Yes No If yes, please list the committooslboards: Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: Education Experience: /oast etacdi snv oA/iliona/ Lt%►aimles,t:srJeMOerrrinrnt: 7xu gppli�wioe skauld tirfor�wrdcvt to Strr FilAOw, raxcrr[ihs Alanaaerro sire Boani of Coawry Cattiwiasiaaor� .1301 6 =sr Tw•Mia+a1 TraH. ,Navlrr. FL 9sl/2, (fyon wlrli.,olcose,�ax tbu�' �N/�Iealloa �a /i139)77/ -360i! Orr -mail /0 3.,H.t '+le!rJllwrnos�i�rs T1+ank"k for volnwlvrrirs, to .term die c1lizeus ofCoMer C+unay. 12/04/2000 19, 58 9414554336 3 Itern 4 — - - - - -- _ - December 13, 2005 - -• — - Page STEWART C. 13RO WN October 4, 2005 TO: SUE FILSON, EXECUTIVE MANAGER TO THE BOARD OF COUNTY COMMISSIONERS 3301 EAST TAMIAMI TRAIL NAPLES, FLA. 34112 DEAR MS. FILSON, PER OUR CONVERSATION ON OCT. 4, 2005 1 HAVE ALSO ATTACHED A RESUME THAT IS MORE DESCRIPTIVE OF MY PREVIOUS WORK AND COMMUNITY EXPERIENCE. • THE RESUME STATES THAT I AM CURRENTLY A MEMBER OF THE FAMLY MOTOR COACH ASSOCIATION GOVERNING BOARD WHICH I AM NO LONGER IN THAT POSITION, 1 AM RETIRED AND HAVE BEEN A RESIDENT OF NAPLES. FLORIDA SINCE 1992. CURRENTLY WE RESIDE IN ISLAND WALK DEVELOPMENT AND HAVE BEEN RESIDENTS HERE FOR OVER 4 YEARS. WE WILL BE OUT OF THE CITY OCT. 8 -247 2005. IF YOU NEED TO CONTACT US DURING THAT PERIOD YOU MAY DO SO ON OUR CELL PHONE; 239-248 -8492. IF ADDITIONAL iNFORMATTON IS REQUIRED PLEASE LET ME KNOW- YOURS VyR,Y TRULY, STEWART C. BROWN • 12/04/2000 18:58 9414554336 PA(& 9Et Agenda Item December 13, 2005 Page 12 of 21 RESUME OF: STEWART C. BROWN PROFESSIONAL OBJECTIVE: SEEKING A CHALLENGING OPPORTUNITY WHERE PRIOR EDUCATION AND WORK EXPERIENCE WILL BE OF VALUE. WORK HISTORY: ENTERED THE FEDERAL SERVICE WITH THE DEPARTMENT OF VETERANS OF AFFAIRS (VETERANS ADMINISTRATION). IN 1962 SERVED AS CHIEF, RECREATION THERAPY AT A VETERANS ADMINISTRATION MEDICAL CENTER AND ALSO SERVED AS FACULTY TO THE U.S. VIETNAMESE MEDICAL CADRE IN THE AREA OF SPINAL CORD INJURY IN RECREATION THERAPY. RESPONSIBILITIES INCLUDED TEACHING AND PROVIDING THERAPY TO VIETNAMESE SPINAL CORD INJURED PATIENTS. LATER TRANSFERRED TO THE DEPARTMENT OF VETERANS AFFAIRS CENTRAL OFFICE IN WASHINGTON, DC WORK EXPERIENCE HAS PREDOMINATELY BEEN IN THE ADMINISTRATIVE AND SUPERVISORY AREAS OF THE NATION'S LARGEST HEALTH CARE SYSTEM. RETIRED FROM FEDERAL SERVICE IN JUNE, 1989. EXPERINENCE: IN 1971 ASSIGNED TO THE OFFICE OF ASSISTANT ADMINISTRATOR FOR MANAGEMENT AND EVALUATION IN VETERANS AFFAIRS CENTRAL OFFICE IN THE INSPECTOR GENERALS OFFICE, SERVED AS MANAGEMENT ANALYST WHICH INVOLVED EXAMINATION, ANALYSIS AND APPRAISAL OF HOSPITAL FUNCTIONS. SERVED AS "WATCH DOGS" FOR CONGRESS BY AUDITING ALL SEGMENTS OF THE VETERANS ADMINIS'T'RATION. IN 1974 TRANSFERRED TO THE OFFICE OF ASSISTANT ADMINISTRATOR FOR CONSTRUCTION, HEALTH CARE FACILITIES SERVICE. PREPARED AND COORDINATED REQUEST FOR PRESIDENTIAL APPROVAL OF MAJOR PROJECTS, PROSPECTUSv MASTER PLANS AND PROJECT SUBMISSIONS FOR COMPREHENSIVE PLANS FOR HOSPITAL CONSTRUCTION. ASSIGNED IN 1981 TO FACILITY ENGINEERING, PLANNING AND CONSTRUCTION OFFICE IN THE DEPARTMENT OF MEDICINE AND SURGERY AS HOSPITAL ADMINISTRATION SPECIALISTS. SERVED AS A PROJECT MANAGER BY COORDINATING MASTER PLANNING PROJECTS AND MAJOR CONSTRUCTION PROJECTS. IN 1987 SERVED AS A HOSPITAL ADMINISTRATION SPECIALIST IN 10 STRATEGIC PLANNING, DEVELOPMENT AND COORDINATION IN THE 12/04/2000 18:58 9414554336 _ PPAAGEEo-0055 December 13, 2005 Page 13 of 21 RESUME OF: STEWART C. BROWN DEPARTMENT OF MEDICINE AND SURGERY. DEVELOPED POLICIES AND LEGISLATIVE INITIATIVES FOR PROGRAMS. EDUCATION GRADUATED FROM HIGH SCHOOL IN MAY, 1951 MORGAN STATE UNIVERSITY: UNDERGRADUATE SCHOOL UNIVERSITY OF SOUTHERN CALIFORNIA: GRADUATE SCHOOL ADVANCED COURSE WORK IN MANAGEMENT. CONTINUING EDUCATION COMPLETED NUMEROUS ADVANCED MANAGEMENT, PLANNING AND POLICY COURSES THROUGH OUT MY CAREER. MILI=TA_RY SERVICE ENLISTED IN THE US AIR FORCE AND WAS HONORABLY DISCHARGED IN NOVEMBER, 1955.1 AM RATED AS A 10 POINT COMPENSABLE DISABLED VETERAN. FAMILY MOTOR COACH ASSOC ION I HAVE CONTINUED TO SE ACTIVE THROUGH OUT MY RETIREMENT YEARS SERVING AT THE LOCAL AND NATIONAL LEVEL OF THE FAMILY MO'T'OR COACH ASSOCIATION. 1 HAVE SERVED AS 1ST VICE PRESIDENT OF A LOCAL CHAPTER, NATIONAL DIRECTOR ON THE GOVERNING BOARD. FOR THE PAST 7 YEARS I HAVE SERVED ON THE CONSTITUTION AND BYLAWS COMMITTEE AT THE NATIONAL LEVEL AND ALSO AS CHAIRPERSON OF THIS COMMITTEE. CURRENTLY I AM A MEMBER OF THE GOVERNING BOARD AT THE NATIONAL LEVEL OF THIS ORGANIZATION WHICH IS COMPRISED OF OVER 200,000 MEMBERS 1 1 0 OUT THE COUNT RY. IF ALL THE THEORIES OF MANAGEMENT WERE DISTILLED AND REDISTILI,, THE PUREST REMAMNG RESIDUE WOULD PROBABLY CONTAIN TWO WORDS: =COMMUNICATIONS" AND "TEAMWORK" MEMORANDUM DATE: October 1, 2005 TO: Elections Office FROM: Sue Filson, Executive Board of County Comm issio RE: Voter Registration - Advisory Board Appointments Agenda Item No. 9C December 13, 2005 RECEIVED OCT OCT 0 4 2005 Hoard Of County Commissioners 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. r • ' i1r ' r John M. Brunner 763 98'b Avenue, North Naples, FL 34108 Fay E. Ghorayeb 216 Colonade Circle Naples, FL 34103 Thank you for your help. WS-1-37-1 3 • r r 0 Agenda Item No. 9C December 13, 2005 MEMORANDUM Page 15 of 21 DATE: October 3, 2005 TO: Terri Daniels, Human Services FROM: Sue Filson, Executive Manage Board of County Com niussio RE: Black Affairs Advisory Board 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 M. Brunner 763 98th Avenue, North Naples, FL 34108 Fay E. Ghorayeb 216 Colonade Circle Naples, FL 34103 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 ezpertise. if you have any questions, please call me at 774 -8097. Thank you for your attention to this matter. SF Attachments --";Ison s From: advisoryboards @coliergov.net Sent: Thursday, September 29, 2005 3:08 PM To: filson_s Subject: New On -line Advisory Board Application Submitted. co cn Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Tel: (239) 774 -3602 Fax: (239) 774 -3602 September 29, 2005 Application for Advisory Committees / Boards Name: John M. Brunner Home Phone: 239 - 513 -1576 Home Address: 763 98th Ave. N. City: Naples Zip Code: 34108 Page I of Agenda Item No. 9C December 13, 2005 Page 16 of 21 1 C "T -1 r- .i - i Fax Number: No information provided. Business Phone: No information provided. Email Address: threebrunners@comcast.net Place of Employment: Stay at home dad 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 / Committee Applied for: Black Advisory Board Category: (if applicable) No information provided. Do you currently hold public office? No 9/29/2005 Do you now serve, or have you served on a No Collier County board or committee? Please list your community activities: Volunteer with the American Cancer Society- Relay For Life Volunteer with Center Point Community Church Youth programs Education: Western Kentucky University, 1994, BS Middle Grades Education Florida Gulf Coast University, 2005, M.Ed. Education Leadership Experience / Background: Teacher with the Collier County School System 1997- 1998, 2000 -2005 Naples Park School Advisory Commitee Chairperson 2002 -2004 9/29/2005 Page 2 of 2 Agenda Item No. 9C December 13, 2005 Page 17 of 21 Application for Advisory Committees /Boards Name: Fe, G- h J (�,7 yq ✓I FS Home Phone: Y-0 < 3 7 Home Fax N Place of Employment: o„ L o J) aZLI C I 'rc- 2 _Zip Code: 3 L{-/ U ap/e') . F Business Phone: e-mail address: V 6=H0CAyEQC) Board or mittee App for. Coin F ,a Ir2 S Pr -J'fso Category (if applicable): Example; C muniasion uiarice, Developer, eavironmenalist, lay person, etc. How long have you lived in Collier County: Years q Months Are you a registered voter in Collier County: Yes �No Do you currently hold public oB'we? Yes No -k If so, what is that office? Have you ever been convicted of any offense against the Law? Yes No If yes, explain: Do you now serve, or have you ever served, on a Collier County board or committee? Yea No If yes, please list the committeeiUlwards: Please list your community activities (civic clubs, neighborhood associations, eta and positions held: r ex P�2 2s � G,I f n �- �J(--;� ! e-2 �J :2 %. P AlcAjT P,rAL Aux Q .-L- A r y — UU -d m Cr),?A er` .20n 5 - �4, W42 LC-0 "-rw -1-b Ff,o i21 p T rn Sv qd ed tP G A TE f G rJ i Z-d - M e' M 9 f r-- Agenda Item too. 9C Dece ber 13, 2005 EGEAlED SEP 2 7 2005 Board of County Commissioners 3301 East Tamiami Trail Board Of County Commissioners Naples, FL 34112 S (239) 774 -8097 Fax: (239) 774 -3602 Application for Advisory Committees /Boards Name: Fe, G- h J (�,7 yq ✓I FS Home Phone: Y-0 < 3 7 Home Fax N Place of Employment: o„ L o J) aZLI C I 'rc- 2 _Zip Code: 3 L{-/ U ap/e') . F Business Phone: e-mail address: V 6=H0CAyEQC) Board or mittee App for. Coin F ,a Ir2 S Pr -J'fso Category (if applicable): Example; C muniasion uiarice, Developer, eavironmenalist, lay person, etc. How long have you lived in Collier County: Years q Months Are you a registered voter in Collier County: Yes �No Do you currently hold public oB'we? Yes No -k If so, what is that office? Have you ever been convicted of any offense against the Law? Yes No If yes, explain: Do you now serve, or have you ever served, on a Collier County board or committee? Yea No If yes, please list the committeeiUlwards: Please list your community activities (civic clubs, neighborhood associations, eta and positions held: r ex P�2 2s � G,I f n �- �J(--;� ! e-2 �J :2 %. P AlcAjT P,rAL Aux Q .-L- A r y — UU -d m Cr),?A er` .20n 5 - �4, W42 LC-0 "-rw -1-b Ff,o i21 p T rn Sv qd ed tP G A TE f G rJ i Z-d - M e' M 9 f r-- • Education: Experience: Agenda item No. 9C December 13, 20075 Page 19 of 21 R PVgt4L PPgl?C Fled lfv rAL L* ye,,-'I- Po y2am� y /Y7 ,,Q S J /C BO 1,ew 1�, 7-jaL 1✓' y G F,ae Ui-T-q /'n Pr7p Pf ' g2,pLj i CD t_LPfC T� G ✓p:�7 ��/._ ,� Vi s, /J tl IL,SG= h) • y � (:"r T j - C'o -vf ry,e G/J•�»/�NS �✓>`l -�ne� vniv����Ti r 1Lt :V r/ S / lr �j -1 J I ) l -f A ez,; 9,/,, L1 o s /n / ur �`►ilnJC;,r- SJCio 1-0 y Pleese attack any addldonal informadon you feel pertinent Tkis applleadon should be forwarded to Sae Fidsoa, F.xeeata w Manager to Me Board of County Coeeevisswoem 3301 East Tesdawd Trait, Nepfm FL 31112 lfyroa wish, pleasefar yon appdcadm to (239) 771 -3601 or e-nwU to suefilson a colliereov. net Tkank yon for rolwdeeAV to serve the citizens of Collier Coanty. • Agenda Item No. 9C December 13, 2005 Page 20 of 21 q6 Fay E. Ghorayeb 137 � — AvesueNoi� Naples, liiorida-34-102 Phone: (941) 4034378 F Place of Birth: Sydney, Australia CURRICULUM VITAE UNDERGRADUATE S.R.N. Royal Prince Alfred Hospital (1955 -59) EDUCATION: Camperdown, Sydney, Australia BA Rutgers University (1987 -92) New Brunswick, New Jersey POST GRADUATE Postgraduate Certificate (1961.62) EDUCATION: St. Lukes Hospital, New York Post graduate Certificate (1962 -63) Visiting Nurse Service, New York Certificat of Attendance USCA School of Medicine Course "Current issues on Hormone Replacement Therapy" "Osteoporosis" "Women's Health Issues" POST GRADUATE Junior Sister Ob /Gyn Unit (1959) APPOINTMENTS: Private Floor Allergy Clinic Diabetic Clinic Night Matron Ob /Gyn Section Royal Prince Alfred Hospital - Sydney, Australia Senior Sister General Medicine Ward (1959) Sydney University - Sydney, Australia Exchange Graduate Student (1961 -62) St. Lukes Hospital - New York Visiting Nurse (1962) Visiting Nurse Service - New York Instructor (1969 -71) Public Health Sport Beirut College for Women Beirut, Lebanon -11- • Agenda Item loo. 9C December 13, 2005 Page 21 of 21 Fay E. Ghorayeb Coordinator, General Division Ob /Gyn (1991 -1998) Women's Wellness Center U.M.D.Nj Robert Wood Johnson Medical School New Brunswick, New Jersey Spoke at numerous schools, universities, women's organizations on women's health topics. Plus other duties under direction of ,c Dr. Gloria Bachmann, Professor of Ob /Gyn, Chief Department. ,K ,j " w o rn a-,., s i4 ea c -T - LICENSURE: New South Wales Nurses Registration Board (1991 -1999) P.O. Box K599, Haymarket 2000 New South Wales, Australia Reg: #001 - 120233 until September 2000 CERTIFICATION: Diploma, General Nurses Training (4 year program) Royal Prince Alfred Hospital Sydney, Australia Postgraduate Certificate Medical Nursing and Pediatrics St. Lukes Hospital - New York, N.Y. Diploma, Visiting Nurse Service New York, N.Y. Diploma, Secretarial Metropolitan Business College - Australia PROFESSIONAL New South Wales Nurses Association - Australia ORGANIZATIONS: Life member, Royal Prince Alfred Graduate Nurses Association Member, SOPHIA Douglass College, Rutgers University New Brunswick, New Jersey Listed in Who's Who of American Women 1999 Volunteer, Red Cross Disaster Team HONORS & AWARDS: First Place, New South Wales Surgical Nurses Exams Sister in Charge Distinction, Medical Unit of Sydney University Exchange Scholarship to the USA Charlotte W. Newcombe Scholarship Award Douglass College, Rutgers University References Available Upon Request Agenda Item No. 9D December 13, 2005 EXECUTIVE SUMMARY Pa APPOINTMENT OF MEMBER(S) TO THE EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL OBJECTIVE: Appointment of 1 member to serve a 3 year term, expiring on August 31, 2008 to the Emergency Medical Services Advisory Council. CONSIDERATIONS: The Emergency Medical Services Advisory Council had 1 term expire on August 31, 2005, representing Commission District 2. 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. We currently have I vacant position due to a term expiring on August 31, 2005. A press release was issued and 1 resume was received from the following interested citizen: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Jeffery Scott Allbritten Commission District 12 1 Yes I None COMMITTEE RECOMMENDATION: Jeffery Scott Allbritten 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 appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: DECEMBER 13, 2005 Of 11 Agenda Item NC. 9D December 13. 2005 Page 2 of 11 COLLIER COUNTY BOARD Of COUNTY COMMISSIONERS ,,,...,.. Item Number: 90 Item Summary: Appointment of member to the Emergency Medical Services Advisory Council. Meeting Date: 12113;2905 9:00:00 AM Prepared By So. Flt— Esecntive Manager to the BCC Date Board of County BCC Office ti 1 3012006 It (02:01 AM Comnrlasionsrs Approved By dames V, Mudd County Manager Date Board of County Count' ManaOOfs tNtice 12fY120051:50 PM Commiesionxrs Agenda item No. 9D December 13, 2005 Page 3 of 11 Bm®adaneipencySevices °a^va COLLIER COUNTY EMS /FIRE 3301 East Tamiami Trail • Naples, Florida 34112 • 239 - 774 -8459 • FAX 239 - 775 -4454 To: Sue Filson, Executive Manager BCC From: Barbara Brown, Administrative Assistant Date: November 30, 2005 Ref: EMSAC At the regular monthly meeting, November 23, 2006 of the Collier County Emergency Medical Services Advisory Council ( EMSAC) the membership approved the following open position. Jeffery Scott Allbritten - District 2 Mr. Allbritten was qualified as applicant. If you need further information please do not hesitate to let me know. Agenda Item loo. 9D December 13, 2005 Page 4 of 11 Emergency Medical Services Advisory Council Work Phone Appt'd Exp. Date Term Name Home Phone DateRe -appt 2ndExpDate 2nd Term Mr. VACANT 09/10/03 08/31/05 Naples, FL E -Mail: District: 2 Category: Commission District Mr. John Cassio 253 -5514 09/13/05 1529 Buccaneer Ct. 642 -8981 Marco Island, FL 34145 E -Mail: jeassio @gladescountryclub.com District: 1 Category: Commission District Ms. Heather Rockcastle 342 Pinehurst Circle Naples, FL 34113 E -Mail: District. 1 Category: At -Large Mr. David G. Bush 4010 Trinidad Way Naples, FL 34119 E Mail.- WardLaFr68@aoLcom District: 1 Category: At -Large Mr. John Dowd 2999 Gardens Boulevard Naples, FL 34105 E -Mail: District: 4 Category: Commission District Tuesday, September 20. 2005 10 /10 /00 417 -1192 09/10/03 254 -1904 08 /31 /08 08/31/03 09/31/06 09/13/05 08/31/06 3 Years 3 Years 3 Years 3 Years 09/24/02 08/31/04 2 Years 261 -4217 09/21/04 08/31/07 3 Years Page l of 4 Agenda Item No. 9D December 13, 2005 Page 5 of 11 Emergency Medical Services Advisory Council Nance Work Phone ApptW 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 Mr. Richard Schmidt 09 /13/05 2786 Orange Grove Trail 354 -3490 Naples, FL 34120 E Mail: rschmidtl956 @earthlink.net District: 5 Category: Commission District Ms. Gail Dolan 262 -3131 01/13/98 P.O. Box 413029 09/13/05 Naples, FL 34101 E -Mail. District. Category. Naples Community Hospital Captain Albert Beatty 3301 E. Tamiami Trail Naples, FL 34112 E Mail. District. Category: Sheriffs Department Ms. Judith Nuland 3301 E. Tamiami Trail Naples, FL 34112 E -Mail: District: Category: Health Department 774.4434 09/10/03 09/13/05 774 -8200 09/21/04 09/13/05 Tuesday. September 20. 2005 Page 2 of 4 08/31/08 09/31/99 08/31/09 08/31/05 08/31/08 08/31/05 08/31/08 3 Years 2 Years 3 Years 2 Years 3 Years 1 Year 3 Years Agenda Item Flo. 9D December 13, 2005 Page 6 of 11 Emergency Medical Services Advisory Council Dr. Joel Moll 348-4000 09/10/03 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 11/05/02 1280 San Marco Road 09/13/05 Marco Island, FL 34145 E -Mail. District: 1 Category: Marco Island Police and Emergency Services Chief Rob Potteiger 213 -4900 11/05/02 4798 Davis Boulevard 09/13/05 Naples, FL 34104 E -Mail: District. Category: Collier County Fire Rescue/EMS Tuesday. September 20. 2005 Page 3 of 4 08/31/06 08/31/05 08/31/08 08/31/05 08/31/08 3 Years 3 Years 3 Years 3 Years 3 Years Work Phone Appt'd Exp. Date Term Name Home Phone DateRe -appt 2ndExpDate 2nd Term Fire Chief Jim McEvoy 434 -4610 09/24/02 08/31105 3 Years 735 Eighth Street, South 09/13/05 08/31/08 3 Years Naples, FL 34102 E -Mail: District. Category: City of Naples Dr. Joel Moll 348-4000 09/10/03 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 11/05/02 1280 San Marco Road 09/13/05 Marco Island, FL 34145 E -Mail. District: 1 Category: Marco Island Police and Emergency Services Chief Rob Potteiger 213 -4900 11/05/02 4798 Davis Boulevard 09/13/05 Naples, FL 34104 E -Mail: District. Category: Collier County Fire Rescue/EMS Tuesday. September 20. 2005 Page 3 of 4 08/31/06 08/31/05 08/31/08 08/31/05 08/31/08 3 Years 3 Years 3 Years 3 Years 3 Years Agenda item No. 9iD December 13, 2005 Page 7 of 11 Emergency Medical Services Advisory Council Name Work Phone Appt'd Exp. Date Term Home Phone DateRe -uppt 2ndExpDate 2nd Tenn 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 of service and equipment. This committee also reviews complaints and problems and recommends corrective action. Terms are 3 years. Ord Amended on 10/10/00 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 l=ire Rescue/EMS and Collier County Fire Chiers Association, and to reduce ex-officio members from 3 to 1 FL STAT Staff. Jeff Page, Emergency Medical Services Director: 774 -8459 Tuesd4y. September 20. 2005 Page 4 of 4 Agenda Item No. 9D December 13, 2005 Page 8 of 11 MEMORANDUM DATE: September 12, 2005 TO: Elections Office FROM: Sue Filson, Executive Manager Board of County Commissioner i 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 Jeffery Scott Allbritten 1945 Empress Court Naples, FL 34110 Thank you for your help. COMMISSION DISTRICT Agenda Item No. 9D December 13, 2005 MEMORANDUM Page 9of11 DATE: September 12, 2005 TO: Jeff Page, EMS Director FROM: Sue Filson, Executive Manag r Board of County Commissio RE: EMSAC 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: Jeffery Scott Allbritten 1945 Empress Court Naples, FL 34110 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. 3'ka,* 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 —11son s &m: advisoryboards @coliergov.net Sent: Thursday, September 01, 2005 1:48 PM To: Filson s Subject: New On4ne Advisory Board Application Submitted. Board of County Commissioners �+—^— 3301 East Tamiami Trail Naples, FL 34112 Tel: (239) 774 -3602 Fax: (239) 774 -3602 September 01, 2005 Application for Advisory Committees / Boards Page 1 of 2 Agenda Item No. 9D December 13, 2005 Page 10 of 11 Name: Jeffery Scott Allbritten Home Phone: 239 -596 -5942 Home Address: 1945 Empress Ct. City: Naples Zip Code: 34110 Fax Number: 239- 732 -3753 Business Phone: 239 - 732 -3733 Email Address: jallbrit @edison.edu Place of Employment: Edison College 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 / Committee Applied for: Emergency Medical Services Category: (if applicable) No information provided. Do you currently hold public office? No 9/1/2005 Page 2 of 2 Agenda Item No. OD December 13, 2005 Page 11 of 11 Do you now serve, or have you served on a No • Collier County board or committee? Please list your community activities: Naples Rotary Club, Greater Naples Chamber of Commerce, Economic Development Council, United Arts Council Board member, Holocaust Museum of Southwest Florida Advisory Board Education: Bachelor's degree in Chemistry, Murray State University, Dec. 1984 Master's degree in Mathematics, Murray State University, Aug. 1987 Doctorate in Chemistry, Middle Tennessee State University, May, 1991 Experience 1 Background: 1988 -1995, Professor of Mathematical Sciences, Middle Tennessee State Univ. 1995 -1999, Associate Dean of the College of Basic and Applied Sciences, MTSU 1999 -2000, Dean of Arts and Sciences, Florida Community College of Jacksonville 2000 -2003, Director of the Pines Center, • Broward Community College 2003- Present, President of the Collier Campus, Edison College • 9/l/2005 OBJECTIVE: Appointment of l member to serve a 2 year term, expiring on December 31, 2007 to the Isle of Capri Fire Control District. CONSIDERATIONS: The Isles of Capri Fire Control District Advisory Committee has 1 term expiring on December 31, 2005. This 5 member committee advises the Board on the budget and operation of the Isles of Capri Fire Control District. Terms are 2 years and members must reside within the boundaries of the Isles of Capri Municipal Fire Services Taxing District. A list of the current membership is included in the backup. Mr. Morris James Louis resigned on September 9, 2005, which term is due to expire on December 31, 2005. A press release was issued and 1 resume was received from the following interested citizen: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Kirk P. Colvin I Resides within MSTU I ] I Yes I None COMMITTEE RECOMMENDATION: Kirk P. Colvin 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 appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: DECEMBER 13, 2005 Item Number. Item Summary: Meeting Date: Agenda Item No. 9E Dercimber 13. 21,105 P4ge 2 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 9'c Appointment of member to the Isle of Capri Fire Control District Advisory Committee. 12M V2005 0:00:00 AM Prepared By Sue Filson Ezecutive Manager to the BCC Date Board or County BCC Office 1111012005 8:02:01 AM Cotnnds xlfSnP. rS Approved By ,lama& V. Mudd County Manager Data Board of County County Manager's Optics 121312006 10:21 AM Cmnnrissionars 12/02/2005 09:43 3949889 CAPRI REALTY ISLES. OF CAPRI FIRE & RESCUE DISTRICT Agenda Item��0 9 1 December 13, 2005 Page 3of8 December 2, 2005 Ms. Sue Filson =`'�: r �a� _R Executive Manager Board of Collier County Commissioners 3301 East Tarn ami Trail �; x r"°"wtwlwwemmamm�rwawa x y �.w +M' =r Fit S �nP, s - Naples, Florida > C k Dear Sue, Last. night, ecember 1, 20 o" y Advisory `Board meeting we unanimously .vot ' to accept Kirk Col s a member of the Advisory Board. Please accept this letter evf&*Ee of the accep e. .. anx1;4.�NAM1Mfl1aY1.+.M :N:11M1M.x{a1Nik p � 'UI I W IpµMNh�ruj in y% WIN ilk 4ytl N4 y,d'td ff Pearson 4iw,y� hairman n tb�,l1jl,: a! R:Nro"Nx 175 CAPRI .BOULEVARD. * .ISLES OF CAPRI* NAPLES, FLORIDA 34113 * (239) 394 -8770 Agenda Item No. 9E December 13, 2005 Page 4 of 8 PTIMTKOA UUMMI&I DATE: October 24, 2005 TO: Elections Office FROM: Sue Filson, Executive Manager Board of County Commissioner 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. ISLE OF CAPRI FIRE CONR-01 DIST ADY COMM COMMISSION DISTRICT Kirk P. Colvin 163 San Salvador Street Naples, FL 34113 1 Thank you for your help. Agenda fern No. 9E December 13, 2005 Page 5 of 8 Isles of Capri Fire Control District Advisory Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe -appt 2ndExpDate 2nd Term Mr. William Rafeldt 03/22/05 12/31/05 9 Months 1308 Mainsail Drive, #911 389 -1209 Naples, FL 34114 E -Mail. District: 1 Category: Resides within MSTU Mr. Benjamin F. Pearson 394-ww 01/14/03 12/31/04 2 Years 152 E. Hilo Street 389 -1173 01111 105 12/31/06 2 Years Naples, FL 34113 E Mail: bfpiii@yahoo.com District: 1 Category: Resides within MSTU Mr. Morris James Louis 09/14/99 12/31/01 2 Years 25 Capri Boulevard .o-� 369 -0371 02/24/04 12/31/05 2 Years Naples, FL 34113 E- //fail: District: 1 Category: Resides within MSTU Ms. Regina Day 393 -2103 01/11/05 12/31/06 2 Years 163 Trinidad Street 389 -2198 Naples, FL 34113 E -Mail: rdaymeet@aoLcom District: 1 Category: Resides within MSTU Mr. J. Jay Cavanaugh ryr,_, t'' (n 775..0044 01/14/03 12/31/04 2 Years 8599 Pepper Tree Wayt , `f 775-0044 01/11/05 12131/06 2 Years Naples, FL 34114 E -Mail patcavanah@aoLcom District: 1 Category: Resides within MSTU r Thursday, March 24,2W5 Page 1 of 2 Agenda Item Igo. 9E December 13, 2005 Page 6 of 8 Isles of Capri Fire Control District Advisory Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe -appt 2ndExpDate 2nd Term This 5 member committee was created by Ord. No. 75-09 to advise the Board of County Commissioners on the budget and operation of the Isles of Capri Fire Control District. Members must reside within the boundaries of the Isle of Capri Municipal Fire Services Taxing District Terms are 2 years. 394 -3206, fax 3945862 FZ STAT 125.41 Staff: Chief Emilio Rodriguez, isles of Capri Fire Depart: 394 -8770 Thursday, March 24, 2005 Page 2 of 2 Agenda Item No. 9E December 13, 2005 MEMORANDUM Page 7of8 DATE: October 24, 2005 TO: Chief Emilio Rodriguez FROM: Sue Filson, Executive Manager Board of County Commissioners RE: Isle of Capri Fire Control District 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: Kirk P. Colvin 163 San Salvador Street 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 include in your return memo the attendance records of the applicants to be reappointed. 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 10/07/2005 12:46 3949889 CAPRI REALTY Agenda Ite & 9R2 ._._,.. December 13, 2005 Page 8 of 8 Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (941) 774 -8097 f Fax: (941) 774 -3602 �1 Application for Advisory Committees/Boards Name:- lit- -� 1 Rome Phone: Rome Address: , C2, _�j (-V ktO , Zip Code:— 3-4 1 Fax No. Business Phone: 22>9 'CA 2"a S7mail address: Vt K 9► N % Ct3P �-1 p d fAS . Cal Business: \.7 �'cg_yw+ ►" ._ L -e 11 Board or Committee Applied for: X'sles of Ccjar, �r t: QeavA Category (if applicable): rcr '� (r —D� Irv_mple: Conn"on Dlariet, Developer, eaviroomea1alis4 lay person, eta Are you a registered voter in Collier County: Yes No Do you currently hold public office? Yes No If so, what is that office? Do you now serve, or love you ever served, on a Collier County board or committee? Yes No it yes, please alai the committeealboards: Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: 5�� t4 (jh " ^%'t 1 SLgrS o% (7&kk1 L' t Vl C_ ASSOC- Education- e n L.LL f ()j 1 Sj Q F "-TbL(a% n Expeglence• 2<, "iOS /f>JESS C)LA -"kSU. i� STkkfkt� 'S So h 4 P ff "11 UPS Plane aback any addAdonal Wormadon you fee! perflnewt Tbie appUradon d old be forwarded ro Sue Flhon, Executive Manager so Ike Board of Cow" C.oauwlsdowers, 3.101 East Tmlaai Trag Naples, n 31112 if you wbk, please fax your Wfiartlon m (941) 774 -3602 or e,erail fo s rA-*P— far V*hUV*ww ro sore Bre ekka ff of COMM CoaMps EXECUTIVE SUMMARY A request that the Collier County Board of County Commissioners (Board) adopt a resolution expressing support to the Lee County Commissioners in their efforts to find solutions to the Lake Okeechobee freshwater release issues. OBJECTIVE: To endorse and support the efforts of the Lee County Board of County Commissioners relating to the issues of Lake Okeechobee. CONSIDERATIONS: The Board acknowledge that the issues and problems associated with Lake Okeechobee freshwater releases directly influence Collier County through the affects to the South Florida ecosystem, marine life, estuaries, and economic impacts to Florida and South Florida tourism. FISCAL IMPACT: There is no fiscal impact associated with this resolution. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this resolution. LEGAL CONSIDERATIONS: This ordinance has been reviewed for legal sufficiency by the County Attorney's Office. Prepared by: Sam Tucker Executive Aide Board of County Commissioners ITEM -# RESOLUTION NO. 2005- RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS SUPPORTING THE LEE COUNTY COMMISSION EFFORTS TO FIND SOLUTIONS TO LAKE OKEECHOBEE FRESHWATER RELEASE ISSUES. WHEREAS, the Board of County Commissioners of Collier County, Florida and the residents of Collier County have been knowledgeable of and increasingly more aware of the issues and problems associated with Lake Okeechobee freshwater releases and the South Florida ecosystem; and WHEREAS, Gulf water and marine life in Collier County are affected by the freshwater releases; and WHEREAS, as part of the approach to achieve solutions to South Florida ecosystem problems, the Lee County Board of County Commissioners has endorsed the Lake Okeechobee Estuary Recovery (LOER) initiative; and WHEREAS, the Lee County Board believes that without certain actions being taken, (further) damage is to be sustained for the lake and the estuaries as well as negative economic impacts to Florida and South Florida tourism; and WHEREAS, the Lee County Board believes a state of emergency exists and requests that the emergencies as described in its letter to the Governor dated December 5, 2005 be recognized and declared by the Governor; and WHEREAS, the Lee Board's request for actions based upon a declared emergency includes: (1) A Declaration of Emergency for affected estuaries; (2) Lake Okeechobee Protection Act expansion; (3) The identification of unused or storm- damaged low- lying, subsided or other overflow lands that are served by "Works of the District" that could receive floodwaters; and WHEREAS, the Lee County Board also recognizes private property rights of affected or potentially affected landowners. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMMISSIONERS OF COLLIER COUNTY, FLORIDA that the Board endorses and supports the efforts of the Lee County Board of County Commissioners relating to the issues of Lake Okeechobee freshwater release and the South Florida ecosystem, more particularly iterated in the Lee County Board of County Commissioners' December 5, 2005 letter to Governor Bush attached hereto as Exhibit "A ". Adopted this _ day of December, 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 d legal sufficiency: Af Od 41 AN David C. Weigel, C6unty Ohmey 05- HEN -01249/5 LEE COUNTY SOUTHWEST FLORIDA BOARD OF COUNTY COMMISSIONERS Wdiees Direct Dial Number_ SobOne December 5, 2005 The Honorable Jab Bush, Governor DISW Two Office of the Governor Judah The Capitol c>UV h," Tallahassee, FL 32399 -0001 Taffm tray DIWMFwr SUBJECT: EMERGENCY DECLARA'nON ,John Edon °rW ire. Dear Governor Bush: Donato D. stow OMW" OMW • The series of hurricanes that began in 2004 and have continued to almost the present moment M. Owen has created unusual and critical conditions for the South Florida ecosystem. The `signature" DMU c«,rnyAMM&y of this critical condition Is Lake Okeechobee's water --its total volume and quality. example The unrecognized victims of this condition are the estuaries to the east and west —the St. Diana a. C0_Wx� Lucie./Indian River and the Caloosahatchee%Charlotte Harbor estuaries. �Raar What is before the Lee County Commission is the conciuslon that areas have been 'triaged" wdhout public. debate or legislative direction. Nowhere in Everglades Restoration planning or legislation is there the conclusion that the quality of the estaades and the Lake itself were to be sacrificed for the demands of a few businesses. Economic as well as. environmental impacts Of the triage are broad and becoming pervasive. The Lake Okeechobee Estuary Recovery (LOER) Initiative is a critical and vital first step. The Lee County Commission applauds and supports this Initiative. Sadly, within a week of •it$ announcement, nature demonstrated through Hurricane Wilma that we do not control its vagarities. Consequently, the Immediate component of relief for our estuaries and the cake Itself, the managed recession, was suspended. Even more sadly, continuous high discharges are being made to the estuaries to the east and west at catastrophic levels that will not even afford relief to the lake. This is because not all options are being exercised —there are no discharges to the south beyond the irrigation needs of the growers to the south. All we are ,bold Is hope that it is a dry winter and spring --as 9 praying far drought and its consequences on groundwater users Is to be a desirable condition. Damage is to be sustained for the lake and the estuaries, without relief that could be atiorded by water going to the south, its natural and historic direction until very recently. For us, a state of emergency exists. It exists because some low -lying, subsided, or overflow Ian ds are being protected from what should be considered normal wet conditions. This unusual pmiection afforded no where else overburdens state lands further south as -they receive unusual discharges from lands that are naturally Inundated. As testimony given the 9 County Coalition on December 1'd Indicated, these even more southerly lands feel that they too are In a state of emergency. The Lee County Board of County Commissioners requests that these emergencies be recognized and declared for what they are—long term and sustained damage to Florida's economy. Florida's economy is dominated by tourism. And tourism is sustained by a positive image and a positive experience. We are a major part of that Industry, and that industry is being damaged In a long term, sustained manner. It Is unnecessary to point out to you the adverse press nationally that results from the effects these discharges are having. P.O. Box 398, Fort Myers, Florida 33942-0398 (239) 33 &2111 intemetaddress http:lhvww.les-- countycom �RemidedPaper AN EQUAL. OPPORTUNrrYAFFIRMATWA(MM F9401 nvg;o We need a declared emergency to inspire action. The actions we need are: 1. A Declsiation of Emergency for our Estuaries. Surveyed and documented business damages and wage losses have occurred from the induced Hooding by vast volumes of sediment and nutrient ladened waters. An Emergency Declaration, supported by Legislative appropriation, Is needed to recognize the harm and provide the vehicle for compensation of damages to damming, crabbing, and rived/harbor fishing businesses. Documented damage to tourism businesses should also be covered by this declaration. 2. Lake Okeechobee Protection Act expansion. The Caloosahatchee River, and its attendant four National Wddiife Refuges deserve the same level of water quality determination being afforded Lake Okeechobee, Loxahatchee National Wildlife Refuge, and the Water Conservation Areas. 3. The identification of unused or storm damaged low-lying, subsided or other overflow lands that are served by the "Works of the l7isiiict' that could receive floodwaters. We request that these landowners be contacted for receiving this declaration Who would then be reimbursed for any damages for remaining.crops - and the workers for lost wages. We request this state of emergency be in effect until the managed recession proposed in LOER be undertaken. We recognized and accept the concept of shared adversity. Consequently, we do not expect relief from ail lake discharges, even though the quality- itself is harmful. We do request that enough land be Identified and covered by the emergency declaration That the flows to the estuaries east and west be reduced to less-than catastrophic levels= -ar PINM- l land identified to enable the managed recession to begin this year, so the Lake can start to !recover, giving us hope for our own recovery to begin In 2006, rather than 2007 as currently forecasted. Right now, adversity is not shared. A favored area of the SFWMD Is being protected frnrrz the adversity it is causing elsewhere. Undertaking the emergency declaration and Identifying suitable lands would at least begin to afford us some hope The Improvement, and some sharing of the adversity. Given the nature of Everglades Restoration, Accelerate and CERP itself wili reduce. but not resolve the problem of high lake levels nor harmful discharges to the estuaries. Establishing the places and funding mechanisms by which landowners can be compensated for storfng . water for wet year, peak wet season conditions seems to be a necessary component.for ensuring the South Florida economy in all its components can continue to. be the g*Mat pelt of Florida's economic engine that it Is. The only immediate relief that can be given is the quick identification of such landowners and the reactivation of agreements used in the past for such storage. Tam a , . a ; roman, Distric t#4 Robe err .. ic:e an Board of Lee County Commissioners District #1 2� ohn Albion Douglas R. St. Cerny Ray Jd District #5 Distri #2 District#3 Agenda item No. 10A December 13, 2005 Page 1 of 14 EXECUTIVE SUMMARY Recommendation for the Board to consider receiving delegation of Boat Dock Permitting from the U.S. Army Corps of Engineers (USACE) OBJECTIVE: To have the BCC consider the benefits of receiving delegation from the USACE for boat dock permitting and provide direction to the County Manager for any subsequent actions. CONSIDERATIONS: Currently Collier County requires single- family boat docks and other related facilities to have the appropriate federal and state permits prior to construction. The Jacksonville District, U.S. Army Corps of Engineers receives many applications dealing with the construction of single- family residences within the County. The majority of these applications involve the construction of seawalls, installation of riprap and the construction of single - family docks. All applications to the USACE are reviewed by the USACE to determine if the proposal may affect manatees, in which case the USACE must consult with the U.S. Fish and Wildlife Service (FWS). Review times could be as short as 1 -2 weeks for seawall applications or as long as 3 -5 months for single- family docks. The USACE has regulatory jurisdiction over activities in waters of the United States under Section 404 of the Clean Water Act (3 )3 USC 1344) and navigable waters under Section 10 of the Rivers and Harbors Act of 1899 (33 USC 403). The USACE has authority under both authorizations to issue general permits on a statewide or geographic basis for specific categories of work. Such a general permit could be developed for Collier County and would be implemented through a Local Operating Agreement (LOA). The USACE is working with Cape Coral to implement a similar agreement for that jurisdiction. Collier County staff has obtained a draft agreement and has modified it to address issues associated with Collier County. A working draft of an LOA for Collier County is provided as an example in Attachment A. At the October 11, 2005 BCC meeting, the BCC heard a public petition (attached) from Robert Pritt representing a group of marine contractors. In Mr. Pritt's petition letter, Mr. Pritt noted that one way to resolve permitting delays is for the County to enter into an agreement with USACE for delegation to the County of USACE's permitting authority to review and issue permits for residential docks. Staff had already been in contact with a representative of the Jacksonville USACE District and developed the attached working draft of an LOA that would address Mr. Pritt's recommendation. However, the Board having expressed its concerns regarding the additional workload that this process may place on staff, asked that staff bring this issue back for further guidance regarding the process and the potential impact that the delegation of authority may have on workload with the Environmental Services Department. The basic concept of an LOA is for the County to issue USACE permits for activities covered in the LOA and allowed by the general permit. The administration of this general permit by the County would simplify and expedite the process for authorizing minor activities where impacts to the manatee are minimal, while at the same time, ensure that larger projects with potential � manatee impacts are coordinated with the FWS. The LOA would also specify those activities Agenda Item Cho. 10A December 13, 2005 Page 2 of 14 that do not qualify for USACE permitting (e.g., repair activities) that the County could issue its own permit. As currently envisioned, an LOA would require Collier County to: • Process requests for verification of minor projects within tidal waters and freshwater of the County. The County would utilize the procedures to determine how a project may affect manatees. For those projects found to not affect manatees, the County would issue the USACE permit and the County permit. All other project applications would be forwarded to the USACE for their processing and permitting. The LOA would also specify the types of information required for the USACE application • Request guidance and training from the Corps as necessary to ensure consistency with project review and implementation of this LOA. • Forward copies of the Permit Application and drawings to the USACE within fifteen (15) days of the County's determination that the project does not qualify with the requirements of the general permit. • Provide the USACE with a monthly report detailing the projects that were verified under the general permit and the projects that did not qualify. An advantage of adopting an LOA implementing the USACE general permit for these activities would be to streamline the permitting process and time associated with issuing permits that do not need consultation with the FWS. Another advantage would be to ensure that local property owners obtain the proper permits from local and federal agencies and thus are protected from possible future compliance initiatives for illegal construction activities. If the BCC directs the County Manager to pursue the development of an LOA, staff would also recommend that we coordinate with State agencies so that we have a "one- stop" permitting process for these activities. GROWTH MANAGEMENT IMPACT: There is no specific reference within the Growth Management Plan addressing this specific issue. However, Goal 13 of the Conservation and Coastal Management Element states that, "the County shall avoid unnecessary duplication of existing regulatory programs." One objective of the LOA is to ensure better coordination between Federal and County boat dock permitting. FISCAL IMPACT: If the BCC were to direct the County Manager to pursue the LOA with the USACE, then staff estimates that approximately 40 hours of staff time would be needed to finalize the LOA for further BCC consideration. There would be no further fiscal impact associated with this immediate action. Future implementation of an LOA would result in an ongoing fiscal impact. Additional staff time resulting from the LOA would be associated with screening the permit applications, forwarding the required applications to the USACE and completing the LOA reporting requirements. An initial estimate, to be refined at the time of submitting the final LOA to the BCC, is that the implementation of the LOA would result in a maximum of l additional hour in processing time for a permit application over what the County is currently required to review. The number of boat dock permit applications received by the County for FY05 was 152. IQ Agenda Item Igo. 10A December 13, 2005 Page 3 of 14 At the time of implementation as directed by the BCC, staff would refine its estimate of additional processing time and evaluate the need to increase the cost of a Building Permit to ensure that the revenue received would cover the increased staff time associated with the implementation of the LOA. LEGAL CONSIDERATIONS: There are no direct legal impacts associated with the BCC's action for this agenda item. If the BCC desires to consider an LOA, the County Attorney's Office will review the future proposed agreement for legal sufficiency. RECOMMENDATION: That the Board of County Commissioners direct the County Manager or his designee to proceed with the development of a LOA and bring the LOA back to the BCC for subsequent consideration and approval. Prepared by: William D. Lorenz Jr., P.E., Director, Environmental Services Department 3 Agenda Item No. 10A December 13. 2005 Page 4 of 14 COLLIER COUNTY BOARD OF COUNTY COWSSIONERS Item Number: 10A Item Summary: Recommendation for the Board to consider receiving delegation of Boat Dock Permitting from the U.S. Anny Corps of Engineers (USAGE) (Joseph K. Schmitt, Administrator, Commonity Development and Environmental Services) Meeting Date: 12113,2005 9:00:00 AM Prepared By William D. Lorenz, Jr., P.E. Environmental Services Director Date Community Dovelopment & Environmental Services 11122.2905 5:25:52 PM Environmental Services Approved By Sandra Lea Executive Secretary Date Community Raveiopmem & Community Development & 11/2312005 4:40 PM Environmental Services Environmental Services Admin. Approved By Community Development 8 Joseph K. Schmitt Environmental Services Adminalutor Data Community Development & Community Development & 11/2312005 7:31 PM EnvironmentaE Services Environmental Services Admin, Approved By OMB Coordinator Administrative Assistant Date County Managers Office Office of Management & Budget # #!20.2645 4:04 AM Approved By &`ark isackson Budget Analyst Date County Manager's Dtfice Office of Managemem & Budget 11,12 8,1005 11:31 AM Approved By Michael Smyk —ki Management & Budget Director Data County Managers Office Office of Management & Sudget 1112012o05 12:55 PM Approved By Join- V. Mudd Caumy Manager Data Board of County Cammiszianers County Mana9ars Office t2r11200512: 10 PM Attachment A. LOCAL OPERATING AGREEMENT BETWEEN THE U.S. ARMY CORPS OF ENGINEERS (JACKSONVILLE DISTRICT) AND THE COLLIER COUNTY, FLORIDA SAJ -91 REGIONAL GENERAL PERMIT PREAMBLE: Agenda Item No. 10A December € 3, 2005 4bbrkt119 Il H - IS - Ole 5 of 14 The Jacksonville District, U.S. Army Corps of Engineers (Corps) has regulatory jurisdiction over activities in waters of the United States under Section 404 of the Clean Water Act (33 USC 1344) and navigable waters under Section 10 of the Rivers and Harbors Act of 1899 (33 USC 403). The Corps has authority under both authorizations to issue general permits on a statewide or geographic basis for specific categories of work. Such a permit is being developed in conjunction with Collier County, Florida (County). PURPOSE: The purpose of this Local Operating Agreement (LOA) is to facilitate the processing of the Corps of Engineer General Permit SAJ -91 (Attachment A) in tidal waters and freshwaters of the County and to clarify the roles of the Corps and the County with regards to projects involving the West Indian manatee. BACKGROUND: The Jacksonville District, U.S. Army Corps of Engineers receives many applications dealing with the construction of single - family residences with the County. The majority of these applications involve the construction of seawalls, installation of riprap and the construction of a single - family dock. Individually, these activities are minor in nature and are currently authorized under several existing Regional General Permits and Nationwide Permits. Many of these projects are located in waters accessible to the federally endangered West Indian manatee (Trichechus manatus) or located in waters that directly or indirectly affect the manatee. All applications are reviewed by the Corps using a dichotomous "Manatee Key ". Projects judged as a "may affect" to the manatee are coordinated with the U.S. Fish and Wildlife Service (FWS) in accordance with the Endangered Species Act. Since the County is not a Federal agency, the County is not authorized to consult directly with FWS. Therefore, the County is not authorized to verify SAJ -91 for those projects, which may affect the manatee as determined by the Manatee Key. Upon completion of consultation with FWS or if a project is judged as a "no affect" or "may affect, but not likely to adversely affect" the manatee, the Corps can complete their evaluation. Review times can be as short as 1 -2 weeks for seawall applications or as long as 3 -5 months for single - family docks. The County also requires permits for these activities, whereas, most of these activities are exempt for purposes of state permitting. Page I of 6 Agenda Item No. 1 OA December 13, 2005 Working e B of 14 H -IS -0 The Florida Department of Environmental Protection does review proposed projects within the County. The administration of this "general permit" by the County would simplify and speed the process for authorizing minor activities where impacts to the manatee are minimal, while at the same time, ensure that larger projects with potential manatee impacts are coordinated with the U.S. Fish and Wildlife Service. This proposed general permit is applicable to all unincorporated areas of Collier County except for areas identified below: I . Shoreline that abuts a Federal Channel, 2. Areas identified by the FWS as either an Important Manatee Area or a Manatee Area of Inadequate Protection, 3. Areas that require Florida Department of Environmental Protection permits, or 4. Projects that do not comply with the appropriate conditions of the general permit. Projects not covered by the general permit will be required to submit satisfactory plans and receive written authorization from the District Engineer prior to commencement. The term "general permit" means a Department of the Army authorization that is issued on a nationwide or regional (District) basis for a category of activities when: those activities are substantially similar in nature and cause only minimal individual and cumulative impacts. General permits are a way to reduce the burden of the regulatory program on the public and ensure timely issuance of permits while effectively administering the laws and regulations which establish and govern the program. General permits are reviewed every five years. An assessment of the cumulative impacts of work authorized under the general permit is performed at that time if it is in the public interest to do so. In most instances, anyone complying with the conditions of the general permit can receive project specific authorization. Anyone not complying with the conditions of a general permit may still receive authorization via a "standard permit ", but the application must be individually evaluated and coordinated with third parties, including the federal and state resource agencies. Review of an application for a "standard permit" takes additional time to complete as conflict resolution may be required. PROCEDURES: General: The Corps of Engineers will: 1. Provide guidance to the County on the implementation of the "Manatee Key" in the review of minor projects that are proposed in areas accessible to manatees within the County. 2. Provide the County with updates on on -going or new litigation between the Corps and other parties and the effects of that litigation on the County's administration of the SAJ- 91 permit. Page 2 of 6 Agenda Item No. 10A December 13, 2005 working P e 7 of 14 II -IS -0 3. Provide the County the opportunity to participate in all applicable training programs for the implementation of the SAJ -91 permit. 4. Provide policy and rule guidance to the County staff as necessary to ensure consistency with the Corps policy and procedures. 5. Assume the lead role in modifying this LOA as necessary. The County will: 1. Process requests for verification of minor projects within tidal waters and freshwater of the County pursuant to SAJ -91. 2. Require a vicinity map, 8.5 x I I inch project sketches and other information as part of the application process. 3. Request guidance and training from the Corps as necessary to ensure consistency with project review and implementation of this LOA. 4. The County shall forward copies of the Permit Application and drawings to the Fort Myers Regulatory Office within fifteen (15) days of the County's determination that the project does not qualify for the SAJ -91 verification. 5. Provide the Corps with a monthly report detailing the projects that were verified under SAJ -91 and the projects that did not qualify for under SAJ -91. Implementation Within fifteen (15) days of receipt, or as soon as possible, the County shall review the proposed work for compliance with SAJ -91 and shall place the application in one of the following categories: A: Green: Projects that are in compliance with SAJ -91 are considered "Green" and can be processed by the County. Upon issuance of the County permit, the following language shall be included: "Your project has been reviewed and is in compliance with the U.S. Army Corps of Engineers Regional Permit SAJ -91. Therefore, provided you follow any special conditions that may be attached to your County permit, additional authorizations or permits from the Corps of Engineers will not be required. However, failure to comply with your County permit may also result in violation of federal law." B: Yellow: Projects that are questionable are considered "Yellow" and are forwarded to the Corps of Engineers. Within 15 calendar days from receipt of the application from the County, the Corps will review and provide a response back to the County. The response Page 3 oj6 Agenda Item Igo. 10A December 13, 2005 Working Fha » -Js -n g $ Of 14 will include a position on all "yellow" applications forwarded to the Corps. The Corps position may include 1) that the project should be processed as "green "; 2) that the project can be processed as "green" provided special conditions are incorporated into the County permit; or 3) that the project does not meet the criteria of SAJ -91 and should be processed as "red ". C: Red: Projects that are located within areas identified by the FWS as either an Important Manatee Area or a Manatee Area of Inadequate Protection, or otherwise do not meet the criteria of SAJ -91 are considered "Red" and are forwarded to the Corps of Engineers. The County and the Corps of Engineers review these projects separately. The County shall notify applicants that a copy of their application has been forwarded to the Corps of Engineers for review and that any County permit will be held in abeyance pending receipt of Corps of Engineers authorization. Specified Activities that will not require a permit from the USACE. The following activities do not need a permit form the USACE and may be permitted directly by the County without notifying the USACE. a. Activities performed above MHW 1. Replacement of decking, stringers, joists, etc. on existing docks, 2. Replacement of seawall caps and tiebacks on existing seawalls, 3. Installation of rip -rap seawalls landward of MHW that do not impact wetlands or are within the CCCL, 4. Installation of vertical seawalls landward of the MHW that do not impact wetlands or are within the CCCL b. Activities below MHW 1. Replacement of pilings (docks, mooring piles, channel markers, bld support piles, etc.) in the same location of the existing piles, as long as a current USACE permit is provided to verify the structure had been previously permitted, 2. Installation of seawall stabilization piles in front of vertical seawalls that are deemed to be failing as long as a current USACE permit is provided to verify the structure had been previously permitted West Indian manatee Procedures: 1. The County shall apply the dichotomous key entitled "The Corps of Engineers, Jacksonville District, and the Department of Environmental Protection Effect Determination Key for the Manatee in Florida" to review all applications. Projects judged as a "may affect" to the manatee will be coded "Red" and will be coordinated with the U.S. Fish and Wildlife Service by the Corps in accordance with the Endangered Species Act. Note: The manatee key may be subject to revision at any time. It is our intention that the most recent version of this technical tool will be utilized during the evaluation of the permit application. Page 4 oj6 Agenda Item No. 10A December 13, 2005 Working Pw l N45-oe 9 of 14 2. The term watercraft access project is used in comparison with what exists in currently serviceable condition at the time of application. Repair or replacement (in whole or in part) of dilapidated docks or slips that are in disrepair and not in use at the time of application or inspection will be considered to have the potential to add watercraft to the site. 3. If the County is uncertain as to how to apply the Manatee Key for a particular project, the application should be coded "Yellow" and forwarded to the Corps of Engineers for review. 4. Projects located within the freshwater canals of the County are not located in waters accessible to manatees and have no indirect effects. Following the manatee key in these areas results in a "NO EFFECT" determination. Monitoring/Reporting 1. The County shall record all applications submitted and provide a monthly report to the Corps of Engineers. The report shall include the property owners name, applicant's (name if different from owners), physical address of property, strap number, scope of work, contractor and City permit number. The report shall also include the whether the project qualifies for SAJ -91 verification or if the application was referred to the Corps of Engineers for processing. 2. The County and the local U.S. Army Corps of Engineers Office may establish a separate log or numbering system to track all applications. 3. Monthly reports shall be submitted to the U.S. Army Corps of Engineers at the following address: U.S. Army Corps of Engineers Fort Myers Regulatory Office 1520 Royal Palm Square Boulevard, Suite 310 Fort Myers, Florida 33919 Telephone number 239- 334 -1975 Page S of 6 Agenda Item No. 10A December 13, 2005 Workinp.@M6 10 of 14 11-15--05 TERMS OF AGREEMENT: 1. If it is unclear whether a project qualifies for the SAJ -91 permit or should interpretation of rules or Special Conditions be necessary, the Corps shall resolve such issues or interpretation. 2. This agreement shall become effective upon execution by the parties and shall remain valid until the expiration of the SAJ -91 permit. 3. This agreement may be modified by mutual consent of the parties. 4. Either the County or the U.S. Army Corps of Engineers may dissolve this Local Operation Agreement by providing the other party with a 30 -day written notification. Collier County Robert M. Carpenter Colonel, U.S. Army District Engineer Date Date Attachments: A. Corps of Engineer General Permit SAJ -91 B. Manatee Key Page 6 of 6 ��,w,'�. �� .sue • M fi� *� c ' AIjehda Oct ,.. 850 PARK SHORE DRP49e 2 of 5 TRIANON CENTRE - THIRD FLOOR e NAPLES, (� T D RE S (J ' 1 239.649.277 14 4 DiR DutECT A LEGAL PROFESSIONAL ASSOCIATION 239.649.6200 MAIN 239.261.3659 FAx September 27, 2005 Honorable Fred Coyle, Chair Collier County Board of County Commissioners 3301 Tamiami Trail East Naples, Florida 34112 James Mudd, County Manager 3301 Tamiami Trail East Building F Naples, Florida 34112 Re: Public Petition — Request for October 11, 2005 Dear Chairman Coyle and County Manager Mudd: rprim@ralaw.com RECEIVED OOUPRY MAMC11111t ORPIGE ACl70N FR.E S E P 11', <v .J This firm represents a group of marine contractors (dock contractors) who are experiencing serious and critical dock delays due to recent interpretations of dock permitting requirements for seawalls, riprap and boat docks (see copy of stab' interpretation attached). The Environmental Services staff has indicated that it will require all applicants to obtain a U.S. Army Corps of Engineers (USACE) permit and a Florida Department of Environmental Protection (DEP) permit "whenever necessary prior to approving the building permit application ". This creates a "chicken and egg" situation in some cases because the USACE often takes an extremely long amount of time, even to determine that a permit is not necessary. In other local governments, the local government permit is issued, but sometimes conditioned upon receipt of a federal permit if needed. Other local governments have allowed building permits to be issued for all work that is specified by a national permitting system or under a regional general permit. We think that the Collier County staff interpretation is based upon Section 10.02.06 A. La. of the Land Development Code (copy attached) which the staff may feel is binding upon them. There are at least three ways of resolving the problem: 1. Delegation of USACE Permitting to County. Enter into an agreement with USACE for the delegation of USACE's authority to review and issue permits for residential docks, to the County staff. This is apparently being done in Pinellas County and is in process in the City of Cape Coral. We have spoken to at least one representative of USACE in the Fort Myers office and received a positive (although obviously non - binding) response. CLEVELAND TOLEDO AxxoN CoLumBus CNc"A-n WAsI NGToN, D.C. TALUHAssEE FORTMYERS NAPLES www.ralaw.com Agenda Item No. 10A Ageneda in Octob 1 2 ,0 Page 3 of 5 Honorable Fred Coyle, Chair James Mudd September 27, 2005 Page 2 2. Interpretation of the Code as not prohibiting issuance of the local permit. Since local governing bodies should be allowed to interpret their own ordinances, the Board should be able to interpret its own LDC to allow local permits, with a notation that the issuance does not constitute approval of any federal or state permits that may be necessary. The cited section only requires the permits where the state or federal governments require the state of federal permit before the local permit can be issued. LDC Amendment. Amend the Land Development Code to make dock building permits for single family residences be issuable by the County staff with a notation that the permits are subject to any state or federal permitting requirement. This creates little if any risk to the County since a permit that meets County standards but does not meet state or federal standards would be void under the state or federal laws and the construction would be subject to removal, fines, penalties, etc. regardless of whether a local permit was issued by the County. The undersigned, on behalf of the marine contractors, hereby requests that the County Commission direct the County staff to work on one or all of the above methods in order to reduce the unnecessary, costly and burdensome delays in dock permitting. Respectfully submitted, R64-� D1 ?#�— Robert D. Prtt Board Certified City, County & Local Government Lawyer For the Firm RDPIdk 492265 1_062694_0029 Agenda Item No. i JA Oct A�N wogg COLLIER COUNTY LAND DEVELOPMENT CODE Pa e dd of 5 100 � d Projects approved with an implementation timeline in excess of 18 months must be completed as a phased development as identified below. Project Implementa- tion 71meline # of Phases Phase 71melines 18 months Y 118 months 30 months 2 18 months —First Phase 130 months -- Second Phase 42 months 3 18 months —First Phase 30 months — Second Phase 42 months —Third Phase 54 months 4 18 months —First Phase 30 months— Second Phase 42 months —Third Phase 54 months— Fourth Phase b. Building permits must be obtained for each unit when relocated and replaced within an approved park, otherwise the code enforcement action will proceed except as otherwise provided pursuant to section 10.02.05 F.2.e. (Ord. No. 04 -72, § 3.66) 10.02.06 Submittal Requirements for Permits A. Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1. Relation to state and federal statutes. a. Required state and/or federal permits. Where proposed use or development requires state or federal development orders or permits prior to use or develop- ment, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development, including any changes in land configuration and land preparation. b. Development of regional impact. Where a proposed use or development is a development of regional impact (DRI), It shall meet all of the requirements of F.S. ch. 380, as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval (ADA) for a DRI shall be simultaneous with the submission of any rezoning and/or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the planning commission and the BCC of the ADA and rezone and/or condMonal use applications. The DR! and rezone and/or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development. 2. No approval of the final subdivision plat, improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if (1) it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any supp. No. t LDC10:82.2 2005AUVOYTHU 04:19 PM NAPLES DOCK Jul 05 04 11:48a AM S oat aM11tKJ7 d7: to L,97O.u07Da Agenda Item No. 10A FAX No, 239 434 6$49 I7ecemW 2005 Agenda} p SPIN Octobe 1 2005 Page 5 of 5 1 • • rue t.1 Y turuwa rFxx p di of Memorandum Tc: Suih "Review Staff Para: Susan LEaaon. Sc Envimm na ba l Spectenst- Envin mrreer W So visas DePL C: Jaeeeph sehneat, CDM A hn nk tratar 'Link wxem. Sarbtim Burgeum - F_revbonmentsi Sarvim" Department Data: 7h.9l+�OD6 Subject: Pernik rcWbunwnts_for sevoratis, rip rap sb# boat docks in moat gases, U. S. AnM Corps ofEagineer (MACK) and Floride Departacut of Eavironwa=WlProtection (DES pcxmin ar,e regained priorW &e cmeaty issaiag bo"aC perstdto for seawWk, rip rap end base docks. Fedarsl parmits trv= tiro USACE am T=pdiud forscsn s16, tipup std siaZh-faaeliy dockN iwaadia= Own macbm f the c=mption eritcrls for St state (Dim. Ee a Tull caW Serview Muff gnp regoire sl applicants tb obbdu -a USACE permit assd R DW permit wkenever uxessury prior to apprvvia ; the buddies= Petwit a►irpitcatiom For siade -famHy dwJm, seawalls :ad riprap w Xh No impoeb to not +ova, wagrawn or anvigaties, tha USACE is the only renew rwp WW far flee Federal pa=k For properfix with impaetz, the USACE req odm s eaasulbdiion whit flee 116. Fish and W1hWL -,Sa vie. A sepairsts permit applic. bon w*tb the USACE b needed iia joint sppis_aatina with Ckr DW is cot mob '0 L i'lease eraste s baihiia: bbock rt3aying this information to the public. Call me at 213-M if yva betve xvy gtsaticas. Tbszk yw ycry amcb. Eavi:m rseatti .e ervioee Department CortmsuMty Dcrelopmeat & Earirvnmeatbd Sexricts D1V6ioa Agenda Item No. 10B December 13, 2005 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve an Agreement for Sale and Purchase to acquire a residential lot for expansion of the County's Bayview Park at a cost not to exceed $287,875, Project 800601. OBJECTIVE: To acquire property for the expansion of beach and boat access opportunities for the community. CONSIDERATIONS: The Board of County Commissioners approved the Beach Access and Boat Launch Master Plan in May 2003, which outlined a project to purchase property surrounding Bayview Park. On April 13, 2004, Agenda Item 16D]; the Board authorized staff to utilize real estate incentives to encourage land and homeowners to sell to the County. Staff has negotiated an agreement with Dave and Robin L. Ackerson to purchase Lot 27 in Naples Bayview Addition No. 1, at 1796 Danford Street for $285,000.00. This lot contains .16 of an acre and is shown on the attached drawing. An appraisal provided by an independent appraiser valued the lot at $ 255,000.00. A super majority vote by the Board will be required for approval of this item because the purchase price exceeds the appraisal amount. The results of a Task 1 Environmental Assessment/Site Audit performed by the County's Pollution Control Department are favorable. The attached Agreement has been reviewed and approved by the County Attorney's Office and the Public Services Division. GROWTH MANAGEMENT: Beach and boat access opportunities are encouraged in the Growth Management Plan. Anticipating the projected growth of the County over the next ten to twenty years, this project will help maintain the level of service that exists today. FISCAL IMPACT: The total cost of acquisition should not exceed $287,875 ($285,000 for the property, $980 for the Environmental Assessment/Site Audit, and approximately $1,895 for title commitment, title policy, and recording of related documents). Funds are available in Parks Capital Projects Fund 306 from money that was donated in September 2003 from Heritage Bay. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the attached Agreement for Sale and Purchase; and 2. Authorize the Chairman to execute the Agreement on behalf of the County; and 3. Authorize the preparation of related vouchers and Warrants for payment; and 4. Authorize acquisition of the subject property following all appropriate closing procedures, accept the Warranty Deed, and authorize the recording of the Warranty Deed and all necessary documents to obtain clear title to the property; and 5. Approve any and all required budget amendments. Agenda Item No. 10B December 13, 2005 Page 2 of 4 PREPARED BY: Shannan Veger, Property Acquisition Specialist Real Estate Services / Facilities Management Department Approved By Agenda Item No. 108 Skip Camp, C.F.M. Facflides Managornant Director December 13. 2005 Administrative Services Facilities Management Page 3 of 4 Approved By COLLIER COUNTY OMB Coordinator BOARD OF COUNTY COMMISSIONERS Data Item Number. 10B 11129!2005 4:34 PM Item Summary: Recommendation to approve an Agreement for Sale and Purchase to acquire a residential lot Michael Smykowski for expansion of the County's Bayvlew Park at a cost not to exceed $287,875, Project Courtly Manager's Office 600601. (Marla Ramsey, Administrator, Public Services) 121212605 2:29 PM Meeting Date: 12/13.2005 9;00:00 AM Prepared By Sharman Veger Property Acquisition Specialist Date Administrative Services Real Estate Servtcas 1112912006 8:10:34 AM Approved By Hans Russell Senior Property Acquisition Specialist Date Administrative Services Facilities Management 11;29120659:03 AM Approved By Charles E. Carrington, Jr., Real Estate Services Manager Data SRIWA Administrative Services Facilities Managemant 1112912005 10:46 AM Approved By Kathy Carpenter Executive Sacnnary Data Public Services Public Services Admin. 1112912005 10:51 AM Approved By Marla Ramsey Public Services Administrator Data Public services Public Services Admin. 11129!260511:26 AM Approved By Amanda Townsend Operations Coordinator Date Public Services Parks and Recroatkon 11129;2005 11:31 AM Approved By Skip Camp, C.F.M. Facflides Managornant Director Data Administrative Services Facilities Management IV29/2065 3:04 PM Approved By OMB Coordinator Administrative Assistant Data County Managers Office Office of Management 8: Budget 11129!2005 4:34 PM Approved By Michael Smykowski Management R Budget Director Data Courtly Manager's Office Office of Management R Budget 121212605 2:29 PM Approved By James V. Mudd County Maoager Data Board of County Commissioners County Managers Office 12f31200511:16 AM f Agenda item No. 10C December 13, 2005 Page 1 of 94 EXECUTIVE SUMMARY Recommendation to approve Professional Service Agreement No. 05 -3865 for engineering and permitting services to be provided by CH2MHill, Inc., for the six - laning of Collier Boulevard from Golden Gate Boulevard to Pine Ridge Road, Project No. 68056, CIE 13, in the amount of $ 2,028,745. OBJECTIVE: To obtain approval of negotiated Professional Service Agreement No. 05 -3856 with CH2MHill, Inc., for the six - laning of Collier Boulevard from Golden Gate Boulevard to Pine Ridge Road. CONSIDERATIONS: On March 12, 2001, the Board of County Commissioners approved an aggressive 5 -Year Work Program to improve and expand roads in Collier County to meet the existing and future needs of the community. Collier Boulevard (a.k.a. CR 951) is identified within the 5 -Year Work Program. Traffic modeling and the most recent volume studies indicate the need to expand the section between Golden Gate Boulevard and Pine Ridge Road to 6 lanes. In accordance with the Board approved Work Program, staff solicited proposals from qualified consultants through a Request for Proposal process (RFP #05 -3865) in accordance with Florida State Statute 287.055. Five proposals were received by the due date of July 1, 2005. On July 8, 2005, the selection committee rated and ranked the proposals and shortlisted the top three firms. The shortlisted firms were CH2MHill, Inc. (first), Stanley Consultants, Inc. (second) and American Consulting Engineers (third). Staff then met with the top ranked firm and successfully negotiated a fair and reasonable contract for engineering, design and permitting services. The scope of services include capacity improvements to the Golden Gate Boulevard and White Boulevard /Pine Ridge intersections, 30% design and preliminary permitting for six -lane widening of Collier Boulevard from Pine Ridge Road to the Golden Gate Canal, and post design services during construction. FISCAL IMPACT: The total amount needed is $2,028,745. Funding for this project will come from the Transportation Supported Gas Tax Fund and Impact Fees. Source of funds are gas taxes and impact fees. GROWTH MANAGEMENT IMPACT: The expansion of Collier Boulevard is identified on the Annual Update & Inventory Report (CIE No. 13) and is consistent with the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the contract and authorize the Chairman to sign the County Attorney approved Agreement for Professional Services. Prepared By: Gary R. Putaansuu, P.E., Senior Project Manager, TECM Attachment: Professional Service Agreement Agenda Item No. 10C December 13. 2305 Page 2 of 94 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. 10C Item Summary: Recommendation to approve Professional Service Agreement No. 05 -3865 for engineering and peml tting services to be provided by CH2MI- ili. Inc., For the six- laning of Collier Boulevard from Golden Gate Boulevard to Pine Ridge Road, Project No, 68056. CIE 13, in the amount of $ 2.028.745.00. (Norman Feder, Administrator, Transportation Services) Meeting Date: 12113f2OD5 g: 00:00 AM Prepared By Gary Putaansuu Senior Project Manager Date Transportation Engineedng and Transportation Services construction I V=200510:44:50 AM Approved By Lisa Taylor Managemont'Budget Analyst Date Transportation Services Transportation Adrnini.stral 11!281200510:51 AM Approved By Najeh Ahmed Director Data Transportation Engineering & Transportation Services Constatstion Management 111281200512:38 PM Approved By Sharon Naevman Accounting Supervisor Date Transportation Services Transportation Services Admit 11(25.12005 3:28 PM Approved By Rhonda Rombert Contract Specialist Data Administrative Services Purchasing 11128120054:32 PM Approved By Steve Camall Purchasing /General Svcs Director Data Administrativa Services Purchasing 11128;20054:58 PM Approved By Miss Hauer kcguisiiion Manager Date Adinni.mitiva SOrvi -s Purchasing 11/29120058 :30 AM .Approved By Norm E. Feder. AICP Trensportnfion Division Administrator Date Transportation Services I ransponation Services Admin. 11129120058:53 AM Approved By Pat Lehrihand Executive Secretary Date Transportation Services Transportation Services Admin 111291200510:42 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 1112812005 11:21 AM Approved By Michael Smykovrski Management & Budget Director Data County Managers Office Office of Management & Budget 1212!2068 1:11 PM Approved By James V. Mudd County Manager Date Board of County Commissioners Caumy Managers Office 1213/2005 11:34 AM Agenda Item fro. 10C December 13, 2005 Page 3 of 94 Contract 05 -3865 "Design and Permitting of Collier Boulevard (Golden Gate Boulevard to Pine Ridge Road) ", Project #68056 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this I day of 200_, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "COUNTY' or "OWNER ") and CH2M Hill, Inc., authorized to do business in the State of Florida, whose business address is 5801 Pelican Bay Boulevard, Suite 505, Naples, Florida 34108 (hereinafter referred to as the "CONSULTANT "). WITNESSETH: WHEREAS, the OWNER desires to obtain the professional Design and Permitting, services of the CONSULTANT concerning Collier Boulevard from Golden Gate Boulevard to Pine Ridge Road (hereinafter referred to as the "Project "), said services being more fully described in Schedule A, "Scope of Services ", which is attached hereto and incorporated herein; and WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required for the Project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: TPA# 1953637.9 PSA 1 Agenda Item No. 10C ARTICLE ONE December 13, 2005 CONSULTANT'S RESPONSIBILITY Page 4 of 94 1.1. CONSULTANT shall provide to OWNER professional Design and Permitting services in all phases of the Project to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the Scope of Services described in detail in Schedule A. The total compensation to be paid CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule B, "Basis of Compensation ", which is attached hereto and incorporated herein. 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and /or retain only qualified personnel to provide such services to OWNER. 1.5. CONSULTANT designates Bill Gramer, P.E., a qualified licensed professional to serve as the CONSULTANT'S project coordinator (hereinafter referred to as the "Project Coordinator "). The Project Coordinator is authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. Further, the Project Coordinator has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to this Agreement. The CONSULTANT agrees that the Project Coordinator shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the TPA# 1953637.9 PSA 2 Agenda Item No. 10C CONSULTANT hereunder. The Project Coordinator shall not be removed by bb-$4� from the Project without OWNER'S prior written approval, and if so removed must be immediately replaced with a person acceptable to OWNER. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from Owner to promptly remove and replace the Project Coordinator, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, said request may be made with or without cause. Any personnel so removed must be immediately replaced with a person acceptable to OWNER. 1.7. The CONSULTANT represents to the OWNER that it has expertise in the type of professional services that will be performed pursuant to this Agreement and has extensive experience with projects similar to the Project required hereunder. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the OWNER'S review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all applicable laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies, including the Florida Building Code where applicable, which regulate or have jurisdiction over the Project or the services to be provided and performed by CONSULTANT hereunder. In the event of any conflicts in these requirements, the CONSULTANT shall notify the OWNER of such conflict and utilize its best professional judgment to advise OWNER regarding resolution of each such conflict. OWNER'S approval of the design documents in no way relieves CONSULTANT of its obligation to deliver complete and accurate documents necessary for successful construction of the Project. 1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNER'S prior written consent, or unless incident to the proper performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or TPA# 1953637.9 PSA 3 Agenda Item No. 10C mber 13, 5 legislative proceedings where such information has been properly subpoenaed'?, anY� 4 information concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph written notice of any such subpoenas. CONSULTANT shall provide OWNER prompt 1.9 As directed by OWNER, all plans and drawings referencing a specific geographic area must be submitted in an AutoCad Digital Exchange File (DXF) format on a CD or DVD, drawn in the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should either reference specific established Survey Monumentation, such as Certified Section Corners (Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK(Real -Time Kinematic) GPS Network as provided by OWNER. Information layers shall have common naming conventions (i.e. right -of -way - ROW, centerlines - CL, edge -of- pavement - EOP, etc), and adhere to industry standard CAD specifications. ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by OWNER through an Amendment to this Agreement, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. The agreed upon scope, compensation and schedule for Additional Services shall be set forth in the Amendment authorizing those Additional Services. With respect to the individuals with authority to authorize Additional Services under this Agreement, such authority will be as established in OWNER'S Administrative Procedures in effect at the time such services are authorized. These services will be paid for by OWNER as indicated in Article Five and Schedule B. Except in an emergency endangering life or property, any Additional Services must be approved in writing via an Amendment to this Agreement prior to starting such services. OWNER will not be responsible for the costs of Additional Services commenced without such express prior written approval. Failure to obtain such prior written approval for Additional TPA# 1953637.9 PSA 4 Agenda Item No. 10C Services will be deemed: (i) a waiver of any claim by CONSULTANT for suc'rri2 Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a part of the Basic Services required of CONSULTANT hereunder. If OWNER determines that a change in the Agreement is required because of the action taken by CONSULTANT in response to an emergency, an Amendment shall be issued to document the consequences of the changes or variations, provided that CONSULTANT has delivered written notice to OWNER of the emergency within forty -eight (48) hours from when CONSULTANT knew or should have known of its occurrence. Failure to provide the forty -eight (48) hour written notice noted above, waives CONSULTANT'S right it otherwise may have had to seek an adjustment to its compensation or time of performance under this Agreement. The following services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional Services: 2.1. Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances in connection with the Project. 2.2. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, OWNER'S schedule or character of construction; and revising studies, reports, design documents or Contract Documents previously accepted by OWNER when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT'S control and fault. 2.3 Providing renderings or models for OWNER'S use. 2.4 Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting OWNER in obtaining such process licensing. TPA# 1953637.9 PSA 5 Agenda Item No. 10C December 13, 2005 Page 8 of 94 2.5. Furnishing services of independent professional associates and consultants for other than the Basic Services to be provided by CONSULTANT hereunder. 2.6. Services during travel outside of Collier and Lee Counties required of CONSULTANT and directed by OWNER, other than visits to the Project site or OWNER's office. 2.7 Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 2.8. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation, or other legal or administrative proceeding, involving the Project (except for assistance in consultations which are included as part of the Basic Services to be provided herein). 2.9 Additional services rendered by CONSULTANT in connection with the Project, not otherwise provided for in this Agreement or not customarily furnished in Collier County as part of the Basic Services in accordance with generally accepted professional practice. ARTICLE THREE OWNER'S RESPONSIBILITIES 3.1. The OWNER shall designate in writing a project manager to act as OWNER'S representative with respect to the services to be rendered under this Agreement (hereinafter referred to as the "Project Manager "). The Project Manager shall have authority to transmit instructions, receive information, interpret and define OWNER'S policies and decisions with respect to CONSULTANT'S services for the Project. However, the Project Manager is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: (a) The scope of services to be provided and performed by the CONSULTANT hereunder; TPA# 1953637.9 PSA 6 Agenda Item No. 10C Dece er 0 (b) The time the CONSULTANT is obligated to commence and comp 4 , services; or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT. 3.2. The Project Manager shall: (a) Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; (b) Provide all criteria and information requested by CONSULTANT as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT'S disposal all available information in the OWNER'S possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to the Project; (d) Arrange for access to and make all provisions for CONSULTANT to enter the Project site to perform the services to be provided by CONSULTANT under this Agreement; and (e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the OWNER with respect to the services to be rendered by CONSULTANT hereunder. ARTICLE FOUR TIME TPA# 1953637.9 PSA 7 Agenda item No. 10C 4.1. Services to be rendered by CONSULTANT shall be commenced subs( 60 2f execution of this Agreement upon written Notice to Proceed from OWNER for all or any designated portion of the Project and shall be performed and completed in accordance with the Project Milestone Schedule attached hereto and made a part hereof as Schedule C. Time is of the essence with respect to the performance of this Agreement. 4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or lock -outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after commencement of such delay, stating the specific cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension for that specific delay. 4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT'S services from any cause whatsoever, including those for which OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONSULTANT'S sole remedy against OWNER will be the right to seek an extension of time to its schedule provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of CONSULTANT, the services to be provided hereunder have been delayed for a total of 180 calendar days, CONSULTANT'S compensation shall be equitably adjusted, with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by CONSULTANT, if any, as a result of such delays. TPA# 1953637.9 PSA 8 Agenda item No. 1OC D c mber 13, 05 4.4 Should the CONSULTANT fail to commence, provide, perform or comple ep�r19f0 services to be provided hereunder in a timely manner, in addition to any other rights or remedies available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the OWNER's satisfaction that the CONSULTANT'S performance is or will shortly be back on schedule. 4.5 In no event shall any approval by OWNER authorizing CONSULTANT to continue performing Work under this Agreement or any payment issued by OWNER to CONSULTANT be deemed a waiver of any right or claim OWNER may have against CONSULTANT for delay or any other damages hereunder. ARTICLE FIVE COMPENSATION 5.1. Compensation and the manner of payment of such compensation by the OWNER for services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled "Basis of Compensation ", which is attached hereto and made a part hereof. ARTICLE SIX OWNERSHIP OF DOCUMENTS 6.1. Upon the completion or termination of this Agreement, as directed by OWNER, CONSULTANT shall deliver to OWNER copies or originals of all records, documents, drawings, notes, tracings, plans, Auto CADD files, specifications, maps, evaluations, reports and other technical data, other than working papers, prepared or developed by or for CONSULTANT under this Agreement ( "Project Documents "). OWNER shall specify whether the originals or copies of such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall be solely responsible for all costs associated with delivering to OWNER the Project Documents. CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and internal use. TPA# ] 953637.9 PSA 9 Agenda Item No. 10C December 13, 2005 6.2. Notwithstanding anything in this Agreement to the contrary and without requiriRggOWNER to pay any additional compensation, CONSULTANT hereby grants to OWNER a nonexclusive, irrevocable license in all of the Project Documents for OWNER'S use on this Project. CONSULTANT warrants to OWNER that it has full right and authority to grant this license to OWNER. Further, CONSULTANT consents to OWNER'S use of the Project Documents to complete the Project following CONSULTANT'S termination for any reason or to perform additions to or remodeling, replacement or renovations of the Project. CONSULTANT also acknowledges OWNER may be making Project Documents available for review and information to various third parties and hereby consents to such use by OWNER. ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the Project is completed, whichever is later, or such later date as may be required by law. OWNER, or any duly authorized agents or representatives of OWNER, shall, free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above, or such later date as may be required by law; provided, however, such activity shall be conducted only during normal business hours. ARTICLE EIGHT INDEMNIFICATION 8.1. To the maximum extent permitted by Florida law, CONSULTANT shall indemnify and hold harmless OWNER, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or TPA# 1953637.9 PSA 10 Agenda Item No. 10C y party p de's ppw p remedies which otherwise may be available to an indemnified art or person C1esc i paragraph 8.1. ARTICLE NINE INSURANCE 9.1. CONSULTANT shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this Agreement. 9.2 All insurance shall be from responsible companies duly authorized to do business in the State of Florida. 9.3 All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 9.3.1. All insurance policies, other than the Business Automobile policy, Professional Liability policy, and the Workers Compensation policy, provided by CONSULTANT to meet the requirements of this Agreement shall name Collier County, Florida, as an additional insured as to the operations of CONSULTANT under this Agreement and shall contain a severability of interests provisions. 9.3.2. Companies issuing the insurance policy or policies shall have no recourse against OWNER for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of CONSULTANT. 9.3.3. All insurance coverages of CONSULTANT shall be primary to any insurance or self- insurance program carried by OWNER applicable to this Project, and the "Other Insurance" provisions of any policies obtained by CONSULTANT shall not apply to any insurance or self- insurance program carried by OWNER applicable to this Project. 9.3.4. The Certificates of Insurance, which are to be provided in the form attached as Attachment I to Schedule D, must identify the specific Project name, as well as the site location and address (if any). 9.3.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. 9.3.6. All insurance policies to be provided by CONSULTANT pursuant to the terms hereof must expressly state that the insurance company will accept service of process in Collier County, Florida and that the exclusive venue for any action concerning any matter under those policies shall be in the appropriate state court situated in Collier County, Florida. TPA# 1953637.9 PSA 1 1 Agenda Item No. 10C December 13, 2005 9.4. CONSULTANT, its subconsultants and OWNER shall waive all rights againstR@acM4othL4 for damages covered by insurance to the extent insurance proceeds are paid and received by OWNER, except such rights as they may have to the proceeds of such insurance held by any of them. 9.5 All insurance companies from whom CONSULTANT obtains the insurance policies required hereunder must meet the following minimum requirements: 9.5.1. The insurance company must be duly licensed and authorized by the Department of Insurance of the State of Florida to transact the appropriate insurance business in the State of Florida. 9.5.2. The insurance company must have a current A. M. Best financial rating of "Class VI" or higher. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSULTANT'S own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant �. or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this Agreement shall, however, be construed as constituting an agreement between the OWNER and any such other person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third party any claim or right of action against the OWNER beyond such as may then otherwise exist without regard to this Agreement. 10.2 Attached as Schedule F is a listing of all key personnel CONSULTANT intends to assign to the Project to perform the Services required hereunder. Such personnel shall be committed to this Project in accordance with the percentages noted in Schedule F. CONSULTANT also has identified each subconsultant and subcontractor it intends to utilize on the Project in Schedule F. All personnel, subconsultants and subcontractors identified in Schedule F shall not be removed or replaced without OWNER'S prior written consent. 10.3 CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors. By appropriate written agreement, the CONSULTANT shall require each subconsultant or subcontractor, to the extent of the Services to be performed by the TPA# 1953637.9 PSA 12 Agenda item No. 10C December 13, 2005 subconsultant or subcontractor, to be bound to the CONSULTANT by terms this 6 and to assume toward the CONSULTANT all the obligations and responsibilities which the CONSULTANT, by this Agreement, assumes toward the OWNER. Each subconsultant or subcontract agreement shall preserve and protect the rights of the OWNER under this Agreement with respect to the Services to be performed by the subconsultant or subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights. Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to enter into similar agreements with its sub- subconsultants or sub - subcontractors. 10.4 CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of each contract entered into between CONSULTANT and each subconsultant or subcontractor, however nothing in this Agreement shall be construed to create any contractual relationship between OWNER and any subconsultant or subcontractor. Further, all such contracts shall provide that, at Owner's discretion, they are assignable to OWNER upon any termination of this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS 11.1. CONSULTANT'S acceptance of final payment shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of this Agreement or otherwise related to the Project, and except those previously made in writing in accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at the time of the final payment. Neither the acceptance of CONSULTANT'S services nor payment by OWNER shall be deemed to be a waiver of any of OWNER'S rights against CONSULTANT. ARTICLE TWELVE TERMINATION OR SUSPENSION TPA# 1953637.9 PSA 13 Agenda item No. 10C 12.1. CONSULTANT shall be considered in material default of this Agreement a °nd qt& will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) CONSULTANT'S failure to begin services under the Agreement within the times specified under the Notice(s) to Proceed, or (b) CONSULTANT'S failure to properly and timely perform the services to be provided hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT'S principals, officers or directors, or (d) CONSULTANT'S failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and conditions of this Agreement, or (f) for any other just cause. The OWNER may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and CONSULTANT's remedies against OWNER shall be the same as and be limited to those afforded CONSULTANT under paragraph 12.3, below. 12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT'S recovery against OWNER shall be limited to that portion of the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against OWNER, including, but not limited to, anticipated fees or profits on work not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. TPA# 1953637.9 PSA 14 Agenda Item No. 10C December 13, 2005 Page 17 of 94 12.4. Upon termination and as directed by Owner, the CONSULTANT shall deliver to the OWNER all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement, including those described in Section 6, that are in CONSULTANT'S possession or under its control. 12.5. The OWNER shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT'S sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. 12.6 In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within forty -five (45) days after such payment is due or such other time as required by Florida's Prompt Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material obligation owed by OWNER to CONSULTANT under this Agreement, and (ii) OWNER has failed to cure such default within fourteen (14) days of receiving written notice of same from CONSULTANT, then CONSULTANT may stop its performance under this Agreement until such default is cured, after giving OWNER a second fourteen (14) days written notice of CONSULTANT's intention to stop performance under the Agreement. If the Services are so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the CONSULTANT or its subconsultant or subcontractor or their agents or employees or any other persons performing portions of the Services under contract with the CONSULTANT, the CONSULTANT may terminate this Agreement by giving written notice to OWNER of CONSULTANT'S intent to terminate this Agreement. If OWNER does not cure its default within fourteen (14) days after receipt of CONSULTANT'S written notice, CONSULTANT may, upon fourteen (14) additional days' written notice to the OWNER, terminate the Agreement and recover from the Owner payment for Services performed through the termination date, but in no event shall TPA# 1953637.9 PSA 15 Agenda Item No. 10C CONSULTANT be entitled to payment for Services not performed or any other rrpg 13 "2 �. Owner. ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth -In- Negotiation Certificate, attached hereto and incorporated herein as Schedule E, certifying that wage rates and other factual unit costs - supporting the compensation for CONSULTANT'S services to be provided under this Agreement are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the Agreement price was increased due to inaccurate, incomplete, or non - current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. TPA# 1953637.9 PSA 16 Agenda Item No. 10C December 13, 2005 ARTICLE FIFTEEN Page 19 of 94 MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the OWNER shall be in writing and shall be delivered by hand, by fax, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following OWNER'S address of record: Board of County Commissioners, Collier County Florida Purchasing Department, Building G 3301 Tamiami Trail East Naples, FL 34112 Attention: Stephen Y. Carnell, Director of Purchasing Fax: 239 - 732 -0844 16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to the CONSULTANT shall be made in writing and shall be delivered by hand, by fax or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following CONSULTANT'S address of record: CH2M Hill, Inc. 5801 Pelican Bay Boulevard, Suite 505 Naples, Florida 34108 Telephone: 239 - 596 -1715 Fax: 239 - 596 -2579 Attn: Bill Gramer, P.E. 16.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. ARTICLE SEVENTEEN MISCELLANEOUS TPA# 1953637.9 PSA 17 Agenda Item No. 10C December 13, 2005 Page 20 of 94 17.1. CONSULTANT, in representing OWNER, shall promote the best interests of OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair dealing. 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by CONSULTANT without the prior written consent of OWNER. 17.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. 17.7 Unless otherwise expressly noted herein, all representations and covenants of the parties shall survive the expiration or termination of this Agreement. 17.8 This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. TPA# 1953637.9 PSA 18 Agenda Item Flo. 10C December 13, 2005 Page 21 of 94 17.9 The terms and conditions of the following Schedules attached hereto are by this reference incorporated herein: Schedule A Schedule B Schedule C Schedule D Schedule E Schedule F SCOPE OF SERVICES BASIS OF COMPENSATION PROJECT MILESTONE SCHEDULE INSURANCE COVERAGE TRUTH IN NEGOTIATION CERTIFICATE KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS ARTICLE EIGHTEEN APPLICABLE LAW 18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE NINETEEN SECURING AGREEMENT /PUBLIC ENTITY CRIMES 19.1 CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. At the time this Agreement is executed, CONSULTANT shall sign and deliver to OWNER the Truth -In- Negotiation Certificate identified in Article 13 and attached hereto and made a part hereof as Schedule E. CONSULTANT'S compensation shall be adjusted to exclude any sums by which OWNER TPA #1953637.9 PSA 19 Agenda item No. 10C December 13, 2005 determines the compensation was increased due to inaccurate, incomplete, or nonc fc,4 -- rates and other factual unit costs. 19.2 By its execution of this Agreement, CONSULTANT acknowledges that it has been informed by OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY -- TWO for a period of 36 months following the date of being placed on the convicted vendor list." ARTICLE TWENTY DISPUTE RESOLUTION 20.1 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision - making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision - making authority and by OWNER'S staff person who would make the presentation of any settlement reached at mediation to OWNER'S board for approval. Should either party fail to submit to mediation as TPA# 1953637.9 PSA 20 Agenda item No. 10C December 13, 2005 required hereunder, the other party may obtain a court order requiring mediation u --�PAa60 44.102, Fla. Stat. IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for Design and Permitting Services for Collier Boulevard from Golden Gate Boulevard to Pine Ridge Road the day and year first written above. ATTEST: Dwight E. Brock, Clerk By: Date: Approved as to form and legal sufficiency: Assistant County Attorney Witness Witness BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, sm Fred W. Coyle, Chairman CI-12M Hill, Inc. Typed Name and Title TPA# 1953637.9 PSA 21 Agenda Item No. 10C December 13, 2005 Page 24 of 94 SCHEDULE A SCOPE OF SERVICES 05 -3865 "Design and Permitting of Collier Boulevard (Golden Gate Boulevard to Pine Ridge Road) ", Project #68056 CONTENTS 1 PURPOSE 2 PROJECT DESCRIPTION 2.1 Roadway 2.2 Drainage 2.3 Utility Coordination 2.4 Permits 2.5 Structures 2.6 Signing and Pavement Markings 2.7 Signals 2.8 Lighting 2.9 Landscape Architecture 2.10 Survey - See Sub - Consultant (RWA) Scope of Work 2.11 Photogrammetry (Not applicable to this project) 2.12 Mapping - See Sub - Consultant (Wilson Miller) Scope of Work 2.13 Geotechnical - See Sub - Consultant (Forge) Scope of Work 2.14 Archaeological Surveys - See Sub - Consultant (Archaeological and Historical Conservancy, Inc.) Scope of Services 2.15 Noise Analysis - See Sub - Consultant (Environmental Science Associates) Scope of Services 2.16 Architecture (Not applicable to this project) 2.17 Joint Project Agreements 2.18 Specifications Package 2.19 Project Schedule 2.20 Submittals 2.21 Provisions for Work 2.22 Services to be Performed by the COUNTY 3 PROJECT GENERAL TASKS 3.1 Public Involvement - 3.2 Joint Project Agreements 3.3 Specifications Package Preparation 3.4 Contract Maintenance I 3.5 Coordination Meetings 3.6 Prime Project Manager Meetings 4 ROADWAY ANALYSIS 4.1 Typical Section Package 4.2 Pavement Design Package 4.3 Access Management 4.4 Horizontal /Vertical Master Design Files9 4.5 Cross Section Design Files 4.6 Traffic Control Analysis 4.7 Master TCP Design Files 4.8 Design Variations and Exceptions. 4.9 Design Report 4.10 Computation Book and Quantities 4.11 Cost Estimate 4.12 Technical Special Provisions 4.13 Field Reviews 4.14 Technical Meetings 4.15 Quality Assurance /Quality Control 4.16 Independent Peer Review (Not applicable to this project) 4.17 Supervision 4.18 Coordination 5 ROADWAY PLANS 5.1 Key Sheet 5.2 Summary of Pay Items Including Quantity Input 5.3 Drainage Map 5.4 Interchange Drainage Map (Not applicable to this project) 5.5 Typical Section Sheets 5.6 General Notes /Pay Item Notes 5.7 Summary of Quantities 5.8 Box Culvert Data Sheet (Not applicable to this project) 5.9 Bridge Hydraulics Recommendation Sheets (Not applicable to this project) 5.10 Summary of Drainage Structures 5.11 Optional Pipe /Culvert Material (Not applicable to this project) 5.12 Project Layout 5.13 Plan/Profile Sheet 5.14 Profile Sheet (Not applicable to this project) 5.15 Plan Sheet (Not applicable to this project) Agenda Item No. 10C December 13, 2005 Page 25 of 94 II 5.16 Special Profile 5.17 Back of Sidewalk Profile Sheet (Not applicable to this project) 5.18 Interchange Layout Sheet (Not applicable to this project) 5.19 Ramp Terminal Details (Plan View) (Not applicable to this project) 5.20 Intersection Layout Details 5.21 Miscellaneous Detail Sheets 5.22 Drainage Structure Sheet 5.23 Miscellaneous Drainage Detail Sheets 5.24 Lateral Ditch Plan/Profile 5.25 Lateral Ditch Cross Sections 5.26 Retention /Detention Ponds Detail Sheet 5.27 Retention Pond Cross Sections 5.28 Cross - Section Pattern Sheet (Not applicable to this project) 5.29 Roadway Soil Survey Sheet 5.30 Cross Sections 5.31 Traffic Control Plan Sheets 5.32 Traffic Control Cross Section Sheets (Not applicable to this project) 5.33 Traffic Control Detail Sheets 5.34 Utility Adjustment Sheets 5.35 Selective Clearing and Grubbing (Not applicable to this project) 5.36 Erosion Control Plan 5.37 SWPPP 5.38 Project Control Network Sheet 5.39 Interim Standards (Not applicable to this project) 5.40 Utility Verification Sheet (SUE Data) (Not applicable to this project) 5.41 Quality Assurance /Quality Control 5.42 Supervision 6 DRAINAGE ANALYSIS 6.1 Determine Base Clearance Water Elevation 6.2 Pond Siting Analysis and Report 6.3 Design of Cross Drains 6.4 Design of Roadway Ditches 6.5 Design of Outfalls 6.6 Design of Stormwater Management Facility (Offsite Pond) 6.7 Design of Stormwater Management Facility (Roadside Ditch as Linear Pond) 6.8 Design of Flood Plain Compensation Area (Not applicable to this project) 6.9 Design of Storm Drains Agenda Item No. 10C December 13, 2005 Page 26 of 94 III Agenda Item No. 10C December 13, 2005 Page 27 of 94 6.10 Optional Culvert Material 6.11 French Drain Design (Not applicable to this project) 6.12 Drainage Wells (Not applicable to this project) 6.13 Drainage Design Documentation Report 6.14 Bridge Hydraulic Report (Box Culverts) 6.15 Cost Estimate 6.16 Technical Special Provisions 6.17 Field Reviews 6.18 Technical Meetings 6.19 Quality Assurance /Quality Control 6.20 Independent Peer Review (Not applicable to this project) 6.21 Supervision 6.22 Coordination 7 UTILITIES 7.1 Kickoff Meeting 7.2 Identify Existing UAO(s) 7.3 Make Utility Contacts 7.4 Exception Coordination (Not applicable for this project) 7.5 Preliminary Utility Meeting 7.6 Individual /Field Meetings 7.7 Collect and Review Plans and Data from UAO(s) 7.8 Subordination of Easements Coordination (Not applicable for this project) 7.9 Utility Design Meeting 7.10 Review Utility Markups and Work Schedules and Processing of Schedules and Agreements 7.11 Utility Coordination/Follow up 7.12 Utility Constructability Review 7.13 Additional Utility Services 7.14 Processing Utility Work by Highway Contractor (UWHC) (Not applicable for this project) 7.15 Contract Plans to UAO(s) 7.16 Certification /Close -Out 8 ENVIRONMENTAL PERMITS 8.1 Preliminary Project Research 8.2 Complete Permit Involvement Form 8.3 Establish Wetland Jurisdictional Lines 8.4 Agency Verification of Wetland Data 8.5 Complete and Submit All Required Permit Applications 8.6 Prepare Dredge and Fill Sketches (Not applicable for this project) IV 8.7 Prepare USCG Permit Sketches (Not applicable for this project) 8.8 Prepare Easement Sketches (Not applicable for this project) 8.9 Prepare Right -Of -Way Occupancy Sketches (Not applicable for this project) 8.10 Prepare Coastal Construction Control Line (CCCL) Permit Sketches (Not applicable for this project) 8.11 Prepare Tree Permit Information (Not applicable for this project) 8.12 Mitigation Coordination and Meetings 8.13 Mitigation Design (Mitigation Banking Assumed) 8.14 Environmental Clearances 8.15 Technical Meetings 8.16 Quality Assurance /Quality Control 8.17 Supervision 8.18 Coordination 9 STRUCTURES - SUMMARY AND MISCELLANEOUS TASKS AND DRAWINGS 9.1 Index of Drawings 9.2 Project Layout 9.3 General Notes and Bid Item Notes 9.4 Incorporate Florida Department of Transportation Standards 9.5 Incorporate Report of Core Borings 9.6 Existing Bridge Plans (Not applicable for this project) 9.7 Computation Book and Quantities 9.8 Cost Estimate 9.9 Technical Special Provisions 9.10 Field Reviews 9.11 Technical Meetings 9.12 Quality Assurance /Quality Control 9.13 Independent Peer Review (Not applicable for this project) 9.14 Supervision 9.15 Coordination Agenda Item Rio. 10C December 13, 2005 Page 28 of 94 V Agenda Item loo. 10C December 13, 2005 Page 29 of 94 10 STRUCTURES - BRIDGE DEVELOPMENT REPORT and tasks 10.1 - 10.30 are not applicable for this project. 11 STRUCTURES - TEMPORARY BRIDGE and tasks 11.1 - 11.8 are not applicable for this project. 12 STRUCTURES - SHORT SPAN CONCRETE BRIDGE and tasks 12.1 - 12.28 are not applicable for this project. 13 STRUCTURES - MEDIUM SPAN CONCRETE BRIDGE and tasks 13.1 - 13.53 are not applicable for this project. 14 STRUCTURES - STRUCTURAL STEEL BRIDGE and tasks 14.1 - 14.61 are not applicable for this project. 15 STRUCTURES - SEGMENTAL CONCRETE BRIDGE and tasks 15.1 - 15.78 are not applicable for this project. 16 STRUCTURES - MOVABLE SPAN and tasks 16.1 - 16.102 are not applicable for this project. 17 STRUCTURES - RETAINING WALL 18 STRUCTURES - MISCELLANEOUS Concrete Box Culverts Strain Poles and tasks 18.3 -18.4 are not applicable for this proiect. Mast Arms 18.5 Mast Arms (2 special mast arms are assumed for determining fee estimate) Overhead /Cantilever Sign Structure and tasks 18.6 - 18.10 are not applicable for this project. Hieh Mast Light Foundations and task 18.11 is not applicable for this proiect. Sound Barrier Walls (Ground Mount) and tasks 18.12 - 18.18 are not applicable for this project. Special Structures and task 18.19 is not applicable for this project. 19 SIGNING AND PAVEMENT MARKING ANALYSIS 19.1 Traffic Data Analysis 19.2 No Passing Zone Study (Not applicable for this project) 19.3 Reference and Master Design File 19.4 Multi -Post Sign Support Calculations 19.5 Sign Panel Design Analysis 19.6 Sign Lighting /Electrical Calculations 19.7 Quantities 19.8 Computation Book 19.9 Cost Estimates 19.10 Technical Special Provisions 19.11 Field Reviews 19.12 Technical Meetings VI 19.13 Quality Assurance /Quality Control 19.14 Independent Peer Review (Not applicable to this project) 19.15 Supervision 19.16 Coordination 20 SIGNING AND PAVEMENT MARKING PLANS 20.1 20.2 20.3 20.4 20.5 20.6 20.7 20.8 20.9 20.10 20.11 20.12 20.13 20.14 20.15 21 SIGN 21.1 21.2 21.3 21.4 21.5 21.6 21.7 21.8 21.9 21.10 21.11 21.12 21.13 21.14 21.15 21.16 Key Sheet Summary of Pay Items Tabulation of Quantities General Notes/Pay Item Notes Project Layout (Not applicable for this project) Plan Sheet Typical Details Guide Sign Work Sheet(s) Traffic Monitoring Site (Not applicable for this project) Cross Sections (Not applicable for this project) Special Service Point Details (Not applicable for this project) Special Details Interim Standards Quality Assurance /Quality Control Supervision 4LIZATION ANALYSIS Traffic Data Collection Traffic Data Analysis Signal Warrant Study (Not applicable to this project) Systems Timings (Not applicable to this project) Reference and Master Signalization Design File Reference and Master Interconnect Communication Design File Overhead Street Name Sign Design Pole Elevation Analysis Traffic Signal Operation Report (Not applicable for this project) Quantities Cost Estimate Technical Special Provisions Field Reviews Technical Meetings Quality Assurance /Quality Control Independent Peer Review (Not applicable to this project) Agenda Item too. 10C December 13, 2005 Page 30 of 94 VII 21.17 Supervision 21.18 Coordination 22 SIGNALIZATION PLANS 22.1 Key Sheet 22.2 Summary of Pay Items 22.3 Tabulation of Quantities 22.4 General Notes /Pay Item Notes 22.5 Plan Sheet 22.6 Interconnect Plans 22.7 Traffic Monitoring Site (Not applicable for this project) 22.8 Guide Sign Worksheet 22.9 Special Details 22.10 Special Service Point Details 22.11 Mast Arm /Monotube Tabulation Sheet 22.12 Strain Pole Schedule (Not applicable for this project) 22.13 TCP Signal (Temporary) (Not applicable for this project) 22.14 Temporary Detection Sheet (Not applicable for this project) 22.15 Utility Conflict Sheet (Not applicable for this project) 22.16 Interim Standards (Not applicable for this project) 22.17 Quality Assurance /Quality Control 22.18 Supervision 23 LIGHTING ANALYSIS 23.1 Lighting Justification Report (Not applicable for this project) 23.2 Lighting Design Analysis Report 23.3 Aeronautical Evaluation (Not applicable for this project) 23.4 Voltage Drop Calculations 23.5 FDEP Coordination and Report (Not applicable for this project) 23.6 Reference and Master Design Files 23.7 Temporary Lighting (Not applicable for this project) 23.8 Design Documentation 23.9 Quantities 23.10 Cost Estimate 23.11 Technical Special Provisions 23.12 Field Reviews 23.13 Technical Meetings 23.14 Quality Assurance /Quality Control 23.15 Independent Peer Review (Not applicable for this project) Agenda Item No. 10C December 13, 2005 Page 31 of 94 VIII 23.16 Supervision 23.17 Coordination 24 LIGHTING PLANS 24.1 Key Sheet 24.2 Summary of Pay Item Sheet 24.3 Tabulation of Quantities 24.4 General Notes/Pay Item Notes 24.5 Pole Data and Legend & Criteria 24.6 Service Point Details 24.7 Project Layout (Not applicable for this project) 24.8 Plan Sheet 24.9 Special Details 24.10 Temporary Lighting Data and Details (Not applicable for this project) 24.11 Traffic Control Plan Sheets (Not applicable for this project) 24.12 Interim Standards (Not applicable for this project) 24.13 Quality Assurance /Quality Control 24.14 Supervision 25 LANDSCAPE ARCHITECTURE ANALYSIS and tasks 25.1 — 25.3, 25.6, 25.9, and 25.11 — 25.12 are not applicable for this project. 25.4 Irrigation Design 25.5 Hardscape Design 25.7 Cost Estimates 25.8 Technical Specification Provisions 25.10 Technical Meeting 25.13 Supervision 25.14 Coordination Agenda Item No. 10C December 13, 2005 Page 32 of 94 IX 26 LANDSCAPE ARCHITECTURE PLANS and tasks 26.1 — 26.15 are not applicable for this project. 27 SURVEY and tasks 27.1 — 27.35 are not applicable for this project as listed Please see sub - consultant (RWA) scope of work 28 PHOTOGRAMMETRY and tasks 28.1 — 28.35 are not applicable for this project. County will provide aerial mapping 29 MAPPING and tasks 29.1 — 29.25 are not applicable for this project as listed. Please see sub - consultant (Wilson Miller) scope of work 30 GEOTECHNICAL and tasks 30.1 — 30.52 are not applicable for this project as listed. Please see sub - consultant (Forge) scope of work 31 ARCHITECTURE DEVELOPMENT and tasks 31.1 — 31.155 are not applicable for this project. 32 PROJECT REQUIREMENTS 32.1 Liaison Office 32.2 Key Personnel 32.3 Progress Reporting 32.4 Correspondence 32.5 Professional Endorsement 32.6 Computer Automation 32.7 Coordination With Other Consultants 32.8 Optional Services 33 INVOICING LIMITS Agenda Item No. 10C December 13, 2005 Page 33 of 94 X Agenda item too. 10C December 13, 2005 SCOPE OF SERVICES FOR ENGINEERING AND PERMITTING SERVICegge 34 of 94 This Exhibit forms an integral part of the agreement between the Collier County Government (hereinafter referred to as the COUNTY) and CH2M HILL (hereinafter referred to as the CONSULTANT) relative to the roadway improvement project described as follows: Collier Boulevard (CR 951) from immediately south of Pine Ridge Road to immediately north of Golden Gate Boulevard, a distance of approximately 2.0 miles. 1 PURPOSE The purpose of this Exhibit is to describe the scope of work and the responsibilities of the CONSULTANT and the COUNTY in connection with the design and preparation of a complete set of construction contract plans and special provisions, if necessary, for - Roadway improvements as described herein. - Bridge /structural improvements for the structures identified herein. The general objective is for the CONSULTANT to prepare a set of plans to be used by the contractor to build the project, and by the COUNTY to ensure the project is built as designed and to specifications. Elements of work shall include, but may not be limited to: roadways, structures, intersections, geotechnical activities, surveys, drainage, signing and pavement markings, signalization, lighting, utility design and relocation, right -of -way maps and legal descriptions, maintenance of traffic, cost estimates, archaeological surveys, noise analysis, environmental permits, environmental mitigation plans, quantity computation books, (4) public meetings, six (6) additional meetings with civic groups and others, (2) safety audits and all necessary incidental items as listed and estimated in this scope of work and attached fee sheet for a complete project. The Scope of Services establishes which items of work described in the Florida Department of Transportation (FDOT) Plans Preparation Manual, Collier County Land Development Code and other pertinent manuals to accomplish the work are specifically included in this contract, and also which of the items of work will be the responsibility of the CONSULTANT or the COUNTY. 2 PROJECT DESCRIPTION Agenda fern too. 10C The CONSULTANT shall investigate the status of the project and become familiar w1 aar 35 2005 9 p J ge 35 of 94 concepts and commitments (typical sections, alignments, etc.) developed from previous 4 -lane design and of the planned adjacent projects. The CONSULTANT shall incorporate the following into the design of this facility: 2.1 Roadway Plan Type: Plan /Profile Typical Section: Design will provide for a six -lane urban roadway within existing right of way wherever possible, maintaining the existing sidewalk (west side only) and providing bike lanes adjacent to the outside lane on both sides of the facility. Limits: Collier Boulevard (CR 951) from immediately south of Pine Ridge Road to immediately north of Golden Gate Boulevard, a distance of approximately 2.0 miles. Within this segment, Collier Boulevard from Golden Gate Boulevard to Pine Ridge Road will be designed to 100% Plans and Collier Boulevard from Pine Ridge Road to Pine Ridge Road will be designed to 30% Plans (design for this segment will be placed on hold pending funding); Golden Gate Boulevard east of Collier Boulevard (CR 951) for a distance of 1.0 mile (1 lane addition - westbound); Pine Ridge Road west of Collier Boulevard (CR 951) for a distance of 0.5 mile. (right turn lane addition and median modifications). Collier Boulevard (CR 951) from Pine Ridge Road to the Main Golden Gate Canal, a distance of approximately 2.0 miles, will also be designed to 30% Plans. Drainage evaluation and permitting coordination with SFWMD for this section of Collier Boulevard is included in this Scope of Work. Intersections: Minor improvements to the Intersections of Collier Boulevard and Pine Ridge Road, Pine Ridge Road/White Boulevard and Golden Gate Boulevard are included within this scope of services. Intersection delay studies, capacity analyses and modeling are not included in this scope of services. Traffic Control Plans: Typical Sections, Detail Sheets and Conceptual Phasing Plan Sheets are included in this scope of services. Post Design Services: There are no Post Design Services included in this agreement. Post Design Services shall be added to this contract as Additional Services. Once the 60% Design M Agenda item No. 10C Plans have been submitted and approved by the County, a Change Order will beede 13 00tV negotiated which reflects the Final Construction Limits of the Project. The following optional tasks may be added to this Scope of Services as Additional Services at the discretion of the County: 1. Final Design or improvements to portions of Collier Boulevard (CR 951) from Pine Ridge Road to Pine Ridge Road, a distance of approximately 1.0 mile 2. Final Design or improvements to portions of Collier Boulevard (CR 951) from Pine Ridge Road to the Main Golden Gate Canal, a distance of approximately 2.0 miles 3. Improvements to portions of Pine Ridge Road from Logan Boulevard to Collier Boulevard (CR 951), a distance of approximately 2.0 miles 4. Improvements to portions of Golden Gate Boulevard east of Collier Boulevard for a distance of approximately 2.0 miles 5. Design of a new bridge crossing of the CR 951 Canal to replace an existing bridge 6. Signal improvements and associated intersection /roadway modifications along Collier Boulevard 2.2 Drainage The stormwater system will be designed to meet the permitting requirements of all permitting agencies. Stormwater system design will consider best management practices, open system, closed system, lateral ditches, ponds, exfiltration, etc. or a combination thereof, within or outside the existing right of way. The design of off -site wet detention ponds to treat runoff is included as part of this Scope of Services. 2.3 Utility Coordination The CONSULTANT will: Identify and accurately depict all public and private utilities within the project limits based on As- Built information provided by the COUNTY and local utility agencies. Survey tasks will locate above ground utilities and facilities such as manholes, valve boxes, etc., Physical locates (Pot- holing) of existing utilities is not included in this scope of work and will be considered Additional Services. Coordinate with all utility owners on this Project. n Agenda Item Rio. 1 OC Identify eeds to relocate, modify and /or leave in lace. December 37 of 94 fy y p Page 37 of 94 Design or modifications /relocations of Collier County utilities, such as water, sanitary sewer, storm sewer, reclaimed water, etc. is not anticipated or included in this scope of services and will be considered Additional Services Other local agency utility relocation /modification is not included in this Scope of Services and will be considered Additional Services. A proposed Reclaimed Water Line or Raw Water Line is being considered by the COUNTY. CH2M HILL will coordinate the need for additional COUNTY facilities during the design process. Design of new County facilities is not included in this Scope of Services and will be considered Additional Services. 2.4 Permits The CONSULTANT will: Identify all needed permits. Obtain COUNTY approval on decisions regarding, or modifications to, permits. Obtain COUNTY review prior to submittal of applications and designs to the permitting agency. The CONSULTANT will be responsible for ensuring that all required environmental assessments and surveys are performed. Phase II Surveys (Environmental) and Specific Species (T &E) Surveys, if required, will be considered Additional Services Obtain all necessary permits including, but not limited to: Environmental Resource Permit (ERP) from the South Florida Water Management District and the Army Corps of Engineers; and National Pollutant Discharge Elimination System Permit from the Florida Department of Environmental Protection and the Environmental Protection Agency. A COUNTY representative will be present at all meetings with regulatory agencies. In addition to the ERP Permit, three (3) separate Permit Modifications will be required for the following improvements: Pond 1 (Project 65061), Golden Gate Boulevard and Pine Ridge Road. 2.5 Structures The design of bridges is not anticipated as part of this Scope of Services. Any bridge designs required for this project will be considered Additional Services. 1V Agenda Item No. 10C D mbp0KO The design of retaining walls (2 —less than 500 ft) is anticipated as part of fi Services. Any retaining walls longer than 500 ft required for this project will be considered Additional Services. The design of new box culvert(s) is not anticipated as part of this Scope of Services. Any new box culvert designs required for this project will be considered Additional Services. The design of modifications (lengthening) to the existing box culvert under White Boulevard is anticipated as part of this Scope of Services. 2.6 Signing and Pavement Markings The CONSULTANT will analyze and design signing and pavement markings. Signing and pavement markings shall be determined during the design process starting after the 30% Plans Submittal. 2.7 Signals This Scope of Services includes the design for three (3) signalized intersections (Pine Ridge Road, Pine Ridge Road, and Golden Gate Boulevard). All signals will be designed as mast arm systems. No Signal Warrants have been included in this Scope of Services to evaluate the need for additional signalization. Signal Warrants and Signal Designs (in addition to those mentioned above) will be considered Additional Services. 2.8 Lighting The CONSULTANT will design lighting for this project in a manner that is consistent with Collier County design standards. 2.9 Landscape Architecture Planting Plans: The CONSULTANT shall specify the use of special median soils in areas of future plantings, as determined by the Landscape Operations Section of the County's Alternate Transportation Modes Department. Irrigation Plans: The CONSULTANT shall design installation of irrigation sleeves in the median for areas of future landscaping, as determined by the Landscape Operations Section of the County's Alternate Transportation Modes Department. Agenda Item No. 10C 13, 2005 Hardscape Plans: The CONSULTANT will specify brick pavers in lieu of concr Re separators, as determined by the Landscape Operations Section of the County's Alternate Transportation Modes Department. 2.10 Survey— See Sub - Consultant (RWA) Scope of Work 2.11 Photogrammetry (Not applicable to this project) 2.12 Mapping— See Sub - Consultant (Wilson Miller) Scope of Work 2.13 Geotechnical— See Sub - Consultant (Forge) Scope of Work The CONSULTANT will provide borings and laboratory testing of soils in accordance with FDOT guidelines for roadway, structures, water management facilities, lighting, etc. Geotechnical services shall be provided by the CONSULTANT with the intent to provide the necessary geotechnical services required to design and permit three (3) wet detention pond(s) outside of the existing right of way. 2.14 Archaeological Surveys - See Sub - Consultant (Archaeological and Historical Conservancy, Inc.) Scope of Work 2.15 Noise Analysis - See Sub - Consultant (Environmental Science Associates) Scope of Work 2.16 Architecture (Not applicable to this project) 2.17 Joint Project Agreements (Not applicable to this project) 2.18 Specifications Package The CONSULTANT shall prepare, sign and seal the project specifications package. 2.19 Project Schedule The CONSULTANT shall provide a detailed project activity /event schedule for COUNTY and CONSULTANT activities required to meet the completion date for design. The schedule shall indicate, at a minimum, submission dates for 30% Plans, 60% Plans, SFWMD Permit, 90% Plans and 100% Plans. The schedule shall allow two weeks for the COUNTY's review of the 30 %, 60 %, 90% and 100% plans. Periodically, throughout the duration of the project, the schedule shall be reviewed and, with the approval of the COUNTY, adjusted as necessary to incorporate changes in the work concept and progress to date. 2.20 Submittals Vi Agenda Item No. 10C The CONSULTANT shall furnish plans and documents as required by the COU1 f 4�ag e 4 40 % zoos 0 of 94 adequately control, coordinate, and approve the plans. The CONSULTANT shall provide the COUNTY sets of 11" x 17" design plans for distribution, as follows: Phase 1: 30% 8 sets Phase 2: 60% 10 sets Phase 3: 90% 10 sets Phase 4: 100% 10 sets The CONSULTANT shall furnish a camera -ready set of plans and specifications to the COUNTY at 100% completion. The size of the final plans shall be 11" x 17 ". All electronic (digital) files of final plans and specifications will be submitted to the County on a compact disk (CD) or other media approved by the COUNTY. Drawings files shall be provided in a fully functional Microstation (.dgn) software format, and also plotted or scanned to an Adobe Acrobat (.pdf) format. 2.21 Provisions for Work All maps, plans and designs are to be prepared with English values in accordance with all applicable current COUNTY and FDOT manuals, memorandums, guidelines. 2.22 Services to be performed by the COUNTY When appropriate the COUNTY will provide those services and materials as set forth below: Regarding Environmental Permitting Services: a) Provide general philosophies and guidelines of the COUNTY to be used in the fulfillment of this contract; b) Provide the appropriate signatures on application forms. Provide the appropriate letters of authorization designating the CONSULTANT as an agent of the COUNTY. The COUNTY will provide design traffic for the corridor to be used by the CONSULTANT for alternatives analysis, signalization and queue length determinations. Provide reviews of roadway plans during the various stages of plan development within schedule. Vii Agenda Item Igo. 10C All future information that may come to the COUNTY during the term of the C'D Agreement and which in the opinion of the COUNTY is necessary to the prosecution of the work. This includes all submitted new PUD's and DRI's. Project data currently on file. County standards - LDC, specifications and review services. All available information in the possession of the COUNTY pertaining to utility companies whose facilities may be affected by the proposed construction. All future information that may come to the COUNTY pertaining to subdivision plans so that the CONSULTANT may take advantage of additional areas that can be utilized as part of the existing right -of -way. Existing right -of -way maps. Property values for parcels designated by the CONSULTANT for potential acquisition. Completed front -end construction document sections required for bidding and construction. 3 PROJECT GENERAL TASKS Project General Tasks are applicable to the project as a whole and are described in Sections 3.1 through 3.6 of this Scope of Services. Project Common Tasks These tasks are applicable to most activities of the project included in this Scope of Work as identified in Sections 4 through 33. Project Research: The CONSULTANT shall perform research of existing PUD and DRI documents for developments adjacent to the project for commitments regarding Right of Way, Stormwater Management, Roadway Improvements or any other commitments involving the interests of the COUNTY. Additionally, PUD's or DRI's approved by the COUNTY prior to the 90% plans submittal stage of this contract shall be incorporated into the project plans by the CONSULTANT. Cost Estimates: The CONSULTANT shall be responsible for producing a construction cost estimate and reviewing and updating the cost estimate at project milestones — 30 %, 60 %, 90% and 100 %. A Summary of Pay Items sheet shall be prepared with the 60 %, 90 %, and 100% plans. Viii Agenda item No. 10C Technical Special Provisions: The CONSULTANT shall provide Technical Special'sji all items of work not covered by the FDOT Standard Specifications for Road and Bridge Construction (2004) and recurring special provisions. Standard Specifications, recurring special provisions and supplemental specifications should not be modified unless absolutely necessary to control project specific requirements. The first nine sections of the standard specifications, recurring special provisions and supplemental specifications shall not be modified without written approval of the COUNTY. All modifications to other sections must be justified to the Project Manager to be included in the project's specifications package as Technical Special Provisions. The Technical Special Provisions shall provide a description of work, materials, equipment and specific requirements, method of measurement and basis of payment. These provisions shall be submitted on 8 -1/2 "x11" sheets and shall not have holes punched or be bound in any way that would create a problem for high volume reproduction. Field Reviews: Includes all trips required to obtain necessary data for all elements of the project identified in this scope of work. Technical Meetings: Includes meetings with the COUNTY and /or Agency staff, between disciplines and subconsultants, such as access management meetings, pavement design meetings, local governments, progress review meetings (phase review), and miscellaneous meetings. Quality Assurance /Quality Control: It is the intention of the COUNTY that design CONSULTANT is held responsible for their work, including plans review. Detailed checking of CONSULTANT plans or assisting in designing portions of the project for the CONSULTANT is not the intent of having external design consultants. The purpose of CONSULTANT plan reviews is to ensure that the CONSULTANT's plans follow the plan preparation procedures outlined in the FDOT Plans Preparation Manual, that state and federal design criteria are followed consistent with the COUNTY concept, and that the CONSULTANT submittals are complete. The CONSULTANT shall be responsible for the professional quality, technical accuracy and coordination of all surveys, designs, drawings, specifications and other services furnished by the CONSULTANT under this contract. ,X Agenda item Igo. 10C The CONSULTANT shall through all stages of design and project cons ruci'e1tt additional compensation, correct all errors or deficiencies in the designs, maps, drawings, specifications and /or other services. Requests for Information (RFI's) from the COUNTY or the project's construction contractor regarding plan or specification deficiencies, ambiguities or conflicts shall be resolved to the satisfaction of the COUNTY. Post Design Services are not included in this agreement and will be added to the Contract as Additional Services after the 60% Design Plans have been submitted. Independent Peer Review: Independent Peer Reviews are not required. Supervision: Includes all efforts required to supervise all technical design activities. Coordination: Includes all efforts to coordinate with all disciplines of the project to produce a final set of construction documents. 3.1 Public Involvement Public involvement is an important aspect of the project development process. Public involvement includes communicating to all interested persons, groups, and government organizations information regarding the development of the project. Property owners adjacent to project shall be kept informed about the project. Four Public Meetings will be held on this project, one after each design phase, with the last being a Construction Kick -off Meeting. In addition, the CONSULTANT and COUNTY staff will meet with civic groups and others on an individual basis, as needed, to discuss the project. The CONSULTANT shall anticipate participation in six (6) additional meetings for this purpose with minimal staff involvement. This work is to be included in the Scope of Services. 3.2 Joint Project Agreements This scope of work does not include preparation of Joint Project Agreements. The scope includes minor coordination only. 3.3 Specifications Package Preparation The CONSULTANT shall prepare and provide a complete specifications package, including applicable Technical Special Provisions, for all items and areas of work. X Agenda item No. 10C The CONSULTANT will provide the necessary workbook and electronic files, inniC ember 4 Q 2000 format, for proper completion of the specifications preparation task. The actual work effort may entail utilization of the supplied electronic files and inclusion of new files issued as mandatory special provisions or supplemental specifications. The specification package shall be based on the 2004 edition of FDOT's Standard Specifications for Road and Bridge Construction as modified by COUNTY specification requirements. The specification package may include Special Provisions or Supplemental Specifications as directed by the COUNTY. The COUNTY will provide the completed front -end contract document sections. The FDOT Standard Specifications, Special Provision or Supplemental Specifications may not be modified unless absolutely necessary to control project specific requirements. Proposed modifications to these listed documents shall be coordinated with the COUNTY, prior to inclusion in the final project specifications package. Proposed Technical Special Provisions will be submitted to the COUNTY for initial review at the time of the 100% plan review submission to the Project Manager. All comments will be returned to the CONSULTANT for correction and resolution. The specification package must be submitted for initial review to the Project Manager at least 30 days prior to the contract package due date. This submittal does not require signing and sealing. Submittal material shall consist of the following items: Electronic version (Microsoft Word 2000 or later) of the specifications package The Final submittal shall be signed, dated and sealed in accordance with applicable Florida Statutes. The submittal materials shall consist of the same as those submitted for the initial review by the COUNTY. 3.4 Contract Maintenance Includes project management effort for complete setup and maintenance of files, developing monthly progress reports, schedule updates, work effort to develop and execute sub - consultant agreements, etc. 3.5 Coordination Meetings Xi Agenda Item fro. 10C Prior to printing of the review plans at each of the 30 %, 60% and 90% designpf rf@41 advanced discussion of the project will take place at a Coordination Meeting. The Designer will provide County Staff with review "draft" copies of the plans drawings (if requested by the County) two weeks in advance of the coordination meeting. The meeting will be conducted to provide input into the design prior to printing it for full review. The Designer will present the project to County Staff and a discussion will take place on what are understood to be the key issues. The goals of the meeting are to provide a common understanding of the project; institute change, if needed; and to provide a coordinated effort at the public presentations. 3.6 Prime Project Manager Meetings Includes Prime CONSULTANT Project Manager staff hours for phase review, progress review, all technical meetings, and other coordination activities, including any travel time. Meetings required for each Activity are included in the meetings section for that specific Activity. 4 ROADWAY ANALYSIS The CONSULTANT shall analyze and document Roadway Tasks in accordance with all applicable manuals, guidelines, standards, handbooks, procedures, and current design memorandums. 4.1 Typical Section Package The CONSULTANT shall provide an approved Typical Section Package prior to the Phase I plans submittal date. 4.2 Pavement Design Package The CONSULTANT shall provide an approved Pavement Design Package prior to the Phase II plans submittal date. 4.3 Access Management The CONSULTANT shall incorporate access management standards for each project in coordination with COUNTY staff. The CONSULTANT shall review adopted access management standards and the existing access conditions (interchange spacing, signalized intersection spacing, median opening spacing, and connection spacing). Median openings that will be closed, relocated, or substantially altered shall be shown on plan sheets and submitted with supporting documentation for review with the Phase I plans submittal. X11 Agenda Item No. 10C The COUNTY shall provide access management classification information and p @r�,igip derived from PD &E studies and public hearings to be used by the CONSULTANT immediately following Notice to Proceed. Access Management will adhere to Collier County Access Class 2 wherever possible but will adhere to Access Class 3 as a minimum requirement. Two separate Safety Audits will be performed as part of this project, one prior to 30% Submittal and one immediately following the 60% Submittal. 4.4 Horizontal /Vertical Master Design Files The CONSULTANT shall design the geometrics using the design standards that are most appropriate with proper consideration given to the design traffic volumes, design speed, capacity and levels of service, functional classification, adjacent land use, design consistency and driver expectancy, aesthetics, pedestrian and bicycle concerns, ADA requirements, elder road user policy, access management and scope of work. 4.5 Cross Section Design Files The CONSULTANT shall establish and develop cross section design files in accordance with the FDOT CADD manual. 4.6 Traffic Control Analysis The CONSULTANT shall design a safe and effective Traffic Control Concept Plan to move vehicular and pedestrian traffic during all phases of construction. The design shall include construction phasing of roadways ingress and egress to existing property owners and businesses, routing, signing and pavement markings, and detours. The Concept Plan may not reflect the Milestone Phasing of the Project. Special consideration shall be given to the construction of the drainage system when developing the construction phases. Positive drainage must be maintained at all times. This will be the responsibility of the Contractor and will be noted in the Specifications. The CONSULTANT shall investigate the need for temporary traffic signals, temporary lighting, alternate detour roads, and the use of materials such as sheet piling in the analysis. The Traffic Control Plan shall be prepared by a certified designer who has completed training as required by the COUNTY. Prior to proceeding with the Traffic Control Plan, the CONSULTANT shall meet with the appropriate COUNTY personnel. The purpose of this meeting is to provide information xiii Agenda Item No. 1 oC to the CONSULTANT that will better coordinate the Preliminary and Final Traficr1 efforts. The plans will be conceptual in nature and shall be used as a basis for bidding purposes. The Contractor will be responsible for providing a detailed maintenance of traffic scheme in accordance with FDOT Criteria. 4.7 Master TCP Design Files The Consultant shall prepare Conceptual Traffic Control Plans to be utilized by the Contractor as a reference for Bidding Purposes. The Contractor will be responsible for providing a full Traffic Control Plan per FDOT Standards, Signed and Sealed by a Florida Professional Engineer 4.8 Design Variations and Exceptions. The CONSULTANT will be required to prepare a Design Variance Report if required 4.9 Design Report The CONSULTANT shall prepare all applicable report(s) as listed in the Project Description section of this scope. The CONSULTANT shall submit to the COUNTY design notes, data, and calculations to document the design conclusions reached during the development of the contract plans. The design notes, data, and computations shall be recorded on size 8'h "x11" sheets, fully titled, numbered, dated, indexed and signed by the designer and the checker. Computer output forms and other oversized sheets shall be folded to 8'h "x11" size. The data shall be in a hardback folder for submittal to the COUNTY. 4.10 Computation Book and Quantities The CONSULTANT shall prepare the Computation Book and various summary of quantities sheets. This includes all efforts required to develop the Computation Book and the supporting documentation, including estimated construction days when required. 4.11 Cost Estimate The CONSULTANT shall prepare the Engineer's Estimate of Probable Cost and provide with first submittal. The Engineer's Estimate of Probable Cost shall be adjusted at each submittal to be maintained until final submittal. 4.12 Technical Special Provisions xiv Agenda Item No. 10C The CONSULTANT shall provide Technical Special Provisions for all items of work P r ��� -- by the FDOT Standard Specifications for Road and Bridge Construction and recurring special provisions. Standard Specifications, recurring special provisions and supplemental specifications should not be modified unless absolutely necessary to control project specific requirements. The first nine (9) sections of the standard specifications, recurring special provisions and supplemental specifications shall not be modified without written approval of the COUNTY. All modifications to other sections must be justified to the Project Manager to be included in the project's specifications package as Technical Special Provisions. The Technical Special Provisions shall provide a description of work, materials, equipment and specific requirements, method of measurement and basis of payment. These provisions shall be submitted on 8 -1/2 "x11" sheets and shall not have holes punched or be bound in any way that would create a problem for high volume reproduction. 4.13 Field Reviews Includes all trips required to obtain necessary data for all elements of the roadway analysis identified in this scope of work. 4.14 Technical Meetings Includes meetings with the COUNTY and /or Agency staff, between disciplines and sub - consultants, such as access management meetings, pavement design meetings, progress review meetings (phase review), and miscellaneous meetings necessary for all elements of the roadway analysis identified in this scope of work. 4.15 Quality Assurance /Quality Control The CONSULTANT shall be responsible for the professional quality, technical accuracy and coordination of all surveys, designs, drawings, specifications and other services furnished by the CONSULTANT under this contract 4.16 Independent Peer Review -(Not applicable to this project) 4.17 Supervision Includes all efforts required to supervise all technical design activities. 4.18 Coordination xv Agenda Item No. 10C eember 3 Includes efforts to coordinate all elements of the roadway analysis to producDe c ap%?4 E'3fq'4x'f construction documents. xv► Agenda Item too. 1 OC 5 ROADWAY PLANS December 13, 2005 Page 54 of 94 The CONSULTANT shall prepare Roadway, Drainage, Traffic Control, Utility Adjustment Sheets, notes, and details. The plans shall include the following sheets necessary to convey the intent and scope of the project for the purposes of construction. 5.1 Key Sheet 5.2 Summary of Pay Items Including Quantity Input 5.3 Drainage Map 5.4 Interchange Drainage Map (Not applicable to this project) 5.5 Typical Section Sheets 5.6 General Notes /Pay Item Notes 5.7 Summary of Quantities 5.8 Box Culvert Data Sheet 5.9 Bridge Hydraulics Recommendation Sheets (Not applicable to this project) 5.10 Summary of Drainage Structures 5.11 Optional Pipe /Culvert Material (Not applicable to this project) 5.12 Project Layout 5.13 Plan /Profile Sheet 5.14 Profile Sheet (Not applicable to this project) 5.15 Plan Sheet (Not applicable to this project) 5.16 Special Profile 5.17 Back of Sidewalk Profile Sheet (Not applicable to this project) 5.18 Interchange Layout Sheet (Not applicable to this project) 5.19 Ramp Terminal Details (Plan View) (Not applicable to this project) 5.20 Intersection Layout Details 5.21 Miscellaneous Detail Sheets 5.22 Drainage Structure Sheet 5.23 Miscellaneous Drainage Detail Sheets 5.24 Lateral Ditch Plan /Profile Wit 5.25 Lateral Ditch Cross Sections 5.26 Retention /Detention Ponds Detail Sheet 5.27 Retention Pond Cross Sections 5.28 Cross - Section Pattern Sheet (Not applicable to this project) 5.29 Roadway Soil Survey Sheet 5.30 Cross Sections 5.31 Traffic Control Plan Sheets 5.32 Traffic Control Cross Section Sheets (Not applicable to this project) 5.33 Traffic Control Detail Sheets 5.34 Utility Adjustment Sheets 5.35 Selective Clearing and Grubbing (Not applicable to this project) 5.36 Erosion Control Plan 5.37 SWPPP 5.38 Project Control Network Sheet 5.39 Interim Standards (Not applicable to this project) 5.40 Utility Verification Sheet (SUE Data) (Not applicable to this project) 5.41 Quality Assurance /Quality Control 5.42 Supervision 6 DRAINAGE ANALYSIS Agenda item Rio. 10C December 13, 2005 Page 51 of 94 The CONSULTANT shall analyze and document Drainage Tasks in accordance with all applicable manuals, guidelines, standards, handbooks, procedures, and current design memorandums. The CONSULTANT shall be responsible for designing a drainage and stormwater management system. All design work shall comply with the requirements of the appropriate regulatory agencies (SFWMD) and the FDOT's Drainage Manual. The CONSULTANT shall coordinate fully with the appropriate permitting agencies and COUNTY staff. All activities and submittals should be coordinated through the COUNTY's Project Manager. The work will include the engineering analyses for any or all of the following: 6.1 Determine Base Clearance Water Elevation Xvi u Agenda Item No. 10C _,(� c o 13, 005 Analyze, determine, and document high water elevations which will be uses roy profile grade. Determine surface water elevations at cross drains, floodplains, outfalls and adjacent stormwater ponds. Determine groundwater elevations at intervals between the above - mentioned surface waters. 6.2 Pond Siting Analysis and Report Evaluate pond sites using a preliminary hydrologic analysis. Document the results and coordination for all of the project's pond site analyses. The Drainage Manual provides specific documentation requirements. 6.3 Design of Cross Drains Analyze the hydraulic design of cross drains. Check existing cross drains to determine if they are structurally sound and can be extended. Document the design as required. Determine and provide flood data as required. 6.4 Design of Roadway Ditches Design roadway conveyance ditches. This includes determining ditch cross sections, grades, selecting suitable channel lining, designing the side drain pipes, and documentation. 6.5 Design of Outfalls Analyze and document the design of ditch or piped outfalls. (Pond outlet structure included in task 6.6) 6.6 Design of Stormwater Management Facility (Off site Pond) Design stormwater management facilities to meet requirements for stormwater quality treatment and attenuation. Develop proposed pond layout (shape, contours, slopes, etc.), perform routing calculations, and design the outlet control structure. 6.7 Design of Stormwater Management Facility (Roadside Ditch as Linear Pond) Design stormwater management facilities to meet requirements for stormwater quality treatment and attenuation. Develop proposed layout (shape, contours, slopes, etc.), perform routing calculations, and design the outlet control structure. 6.8 Design of Flood Plain Compensation Area (Not applicable to this project) 6.9 Design of Storm Drains xix Agenda Item No. 10C Develop a "working drainage map ", determine runoff, inlet locations, and spreaaP4 hydraulic losses (friction, utility conflict and, if necessary, minor losses). Determine Design Tailwater and, if necessary, outlet scour protection. 6.10 Optional Culvert Material (Not applicable to this project) 6.11 French Drain Design (Not applicable to this project) 6.12 Drainage Wells (Not applicable to this project) 6.13 Drainage Design Documentation Report Compile drainage design documentation into report format. Include documentation for all the drainage design tasks and associated meetings and decisions, except the Pond Siting Analysis Report. 6.14 Bridge Hydraulic Report (Not applicable to this project) 6.15 Cost Estimate The CONSULTANT shall prepare the Engineer's Estimate of Probable Cost and provide with first submittal. The Engineer's Estimate of Probable Cost shall be adjusted at each submittal to be maintained until final submittal 6.16 Technical Special Provisions The CONSULTANT shall provide Technical Special Provisions for all items of work not covered by the FDOT Standard Specifications for Road and Bridge Construction and recurring special provisions. Standard Specifications, recurring special provisions and supplemental specifications should not be modified unless absolutely necessary to control project specific requirements. The first nine sections of the standard specifications, recurring special provisions and supplemental specifications shall not be modified without written approval of the COUNTY. All modifications to other sections must be justified to the Project Manager to be included in the project's specifications package as Technical Special Provisions. The Technical Special Provisions shall provide a description of work, materials, equipment and specific requirements, method of measurement and basis of payment. These provisions shall be submitted on 8 -1/2 "x11" sheets and shall not have holes punched or be bound in any way that would create a problem for high volume reproduction. 6.17 Field Reviews XX Agenda Item No. 10C Includes all trips required to obtain necessary data for all elements of the dri Der-ember 13, pgi@& identified in this scope of work. 6.18 Technical Meetings Includes meetings with the COUNTY and /or Agency staff, between disciplines and sub - consultants, such as progress review meetings (phase review), and miscellaneous meetings necessary for all elements of the drainage analysis. 6.19 Quality Assurance /Quality Control The CONSULTANT shall be responsible for the professional quality, technical accuracy and coordination of all surveys, designs, drawings, specifications and other services furnished by the CONSULTANT under this contract 6.20 Independent Peer Review (Not applicable to this project) 6.21 Supervision Includes all efforts required to supervise all technical design activities. 6.22 Coordination Includes efforts to coordinate all elements of the drainage analysis of the project to produce a final set of construction documents. 7 UTILITIES The CONSULTANT shall identify utility facilities and secure agreements, utility work schedules, and plans from the Utility Agency Owners (UAO) ensuring no conflicts exist between utility facilities and the COUNTY's construction project. 7.1 Kickoff Meeting Prior to any contact with the UAO(s), the CONSULTANT shall meet with the Collier County Utility Department to receive guidance, as may be required, to assure that all necessary coordination will be accomplished in accordance with COUNTY procedures. CONSULTANT shall bring a copy of the design project work schedule reflecting utility activities. 7.2 Identify Existing UAO(s) Identify all utilities in the corridor; check with Maintenance for Permits, Sunshine State One Call, Design Location Survey, and Existing Plans. 7.3 Make Utility Contacts xxi Agenda Item fro. 10C emr First Contact: Send letters and two sets of plans to each utility. Includes contacf,�i13 2° meeting coordination. Request type, size, location, easements, cost for compensable relocation, and justification for any utility exceptions. Include the meeting schedule (if applicable) and the design schedule. Include typical meeting agenda. Second Contact: At a minimum of four (4) weeks prior to the meeting, the CONSULTANT shall transmit two (2) complete sets of Phase II plans to each UAO having facilities located within the project limits, and one (1) set to the COUNTY Offices. 7.4 Exception Coordination (Not applicable for this project) 7.5 Preliminary Utility Meeting The CONSULTANT shall schedule (time and place), notify participants, and conduct a preliminary utility meeting with all affected UAO(s) for the purpose of presenting the project, review the current design schedule, evaluate the utility information collected, provide follow -up information on compensable interest requests, discuss the utility work by highway contractor option with each utility, and discuss any future design issues that may impact utilities. This is also an opportunity for the UAO(s) to present proposed facilities. The CONSULTANT shall keep accurate minutes and distribute a copy to all attendees. 7.6 Individual /Field Meetings The CONSULTANT shall meet with each UAO separately throughout the project design duration to provide guidance in the interpretation of plans, review changes to the plans and schedules, optional clearing and grubbing work, and assist in the development of the UAO(s) plans and work schedules. The CONSULTANT is responsible for motivating the UAO to complete and return the necessary documents after each Utility Contact or Meeting. 7.7 Collect and Review Plans and Data from UAO(s) Make Determinations ( Compensable Interest, Easements, Coordinate, Analyze). Ensure information (utility type, material and size) is sent to the designer for inclusion in the plans. Coordinate programming of funds. 7.8 Subordination of Easements Coordination (Not applicable for this project) 7.9 Utility Design Meeting xxii Agenda Item No. 10C At a minimum of 3 weeks prior to the meeting, the CONSULTANT shall transm VQ_ sets of Phase II plans to each UAO having facilities located within the project limits, and one set to the COUNTY Offices as required by the COUNTY. The CONSULTANT shall schedule (time and place), notify participants, and conduct a Utility meeting with all affected UAO(s). The CONSULTANT shall be prepared to discuss drainage, traffic signalization, maintenance of traffic (construction phasing), review the current design schedule and letting date, evaluate the utility information collected, provide follow -up information on compensable interest requests, discuss the utility work by highway contractor option with each utility, discuss any future design issues that may impact utilities, etc., to the extent that they may have an effect on existing or proposed utility facilities with particular emphasis on drainage and maintenance of traffic with each UAO. The intent of this meeting shall be to identify and resolve conflicts between utilities and proposed construction prior to completion of the plans, including utility adjustment details. Also recommend resolution between known utility conflicts with proposed construction plans as practical. The CONSULTANT shall keep accurate minutes of all meetings and distribute a copy to all attendees. 7.10 Review Utility Markups and Work Schedules and Processing of Schedules and Agreements Review utility marked up plans individually as they are received for content and coordinate review with the designer. Send color markups and schedules to the appropriate COUNTY office(s) for review and comment if required by the COUNTY. 7.11 Utility Coordination /Follow up This includes follow -up, interpreting plans, and assisting and the completion of the UAO(s) work schedule and agreements. Includes phone calls, face -to -face meetings, etc., to motivate and ensure the UAO(s) complete and return the required documents in accordance with the project schedule. Ensure the resolution of all known conflicts. This task can be applied to all phases of the project. 7.12 Utility Constructability Review Review utility schedules against construction contract time, and phasing for compatibility. Coordinate with construction office XXlll Agenda item No. 10C 7.13 Additional Utility Services December Page 57 of Pag... 57 of 94 Develop existing Utility Adjustment Plans 7.14 Processing Utility Work by Highway Contractor (UWHC) (Not applicable for this project) 7.15 Contract Plans to UAO(s) This includes transmittal of the contract plans as processed for letting. Transmittals to UAO(s) are by certified mail, return receipt requested. 7.16 Certification /Close -Out This includes hours for transmitting utility files to the County Utility Department and preparation of the Utility Certification Letter. The CONSULTANT shall certify to the appropriate COUNTY representative the following: All utility negotiations (Full execution of each agreement, approved Utility Work Schedules, technical special provisions written, etc.) have been completed with arrangements made for utility work to be undertaken and completed as required for proper coordination with the physical construction schedule. OR An on -site inspection was made and no utility work will be involved. OR Plans were sent to the Utility Companies /Agencies and no utility work is required. 8 ENVIRONMENTAL PERMITS The CONSULTANT shall notify the COUNTY Project Manager, Environmental Permit Coordinator and other appropriate personnel in advance of all scheduled meetings with the regulatory agencies to allow a COUNTY representative to attend. The CONSULTANT shall copy in the Project Manager and the Environmental Permit Coordinator on all permit related correspondence and meetings. 8.1 Preliminary Project Research The CONSULTANT shall perform preliminary project research and shall be responsible for early identification of and coordination with the appropriate regulatory agencies to assure that design efforts are properly directed toward permit requirements. 8.2 Complete Permit Involvement Form XX,v Agenda Item No. 10C The CONSULTANT shall document permit involvement in coordination with the b "2 t Coordinator and COUNTY Project Manager. To be done upon completion of preliminary project research. 8.3 Establish Wetland Jurisdictional Lines The CONSULTANT shall collect all data and information necessary to determine the boundaries of wetlands and surface waters defined by the rules or regulations of each agency processing or reviewing a permit application necessary to construct a COUNTY project. The CONSULTANT shall be responsible for, but not limited to, the following activities: Determine landward extent of state waters as defined in Chapter 62 -340 FAC as ratified in Section 373.4211 FS Determine the jurisdictional boundaries of wetlands and surface waters as defined by rules or regulations of any other permitting authority that is processing a COUNTY permit application. Prepare aerial maps showing the jurisdictional boundaries of wetlands and surface waters. Aerial maps shall be reproducible, of a scale no greater than 1" =200' and be recent photography. The maps shall show the jurisdictional limits of each agency. Xerox copies of aerials are not acceptable. Acquire written verification of jurisdictional lines from the appropriate environmental agencies. Prepare a written assessment of the current condition and relative value of the function being performed by wetlands and surface waters. Prepare data in tabular form which includes ID number for each wetland impacted, size of wetland to be impacted, type of impact and identify any wetland within the project limits that will not be impacted by the project. 8.4 Agency Verification of Wetland Data The CONSULTANT shall be responsible for verification of wetland data identified in Section 8.3 and coordinating regulatory agency field reviews, including finalization of wetland assessments with applicable agencies. 8.5 Complete and Submit All Required Permit Applications The CONSULTANT shall prepare permit packages as identified in the Project Description section. XXV Agenda Item Rio. 10C The CONSULTANT shall collect all of the data and information necessary De � ember. 13, 2 op 4W environmental permits required to construct a project. The CONSULTANT shall prepare each permit application for COUNTY approval in accordance with the rules and /or regulations of the environmental agency responsible for issuing a specific permit and /or authorization to perform work. 8.6 Prepare Dredge and Fill Sketches (Not applicable for this project) 8.7 Prepare USCG Permit Sketches (Not applicable for this project) 8.8 Prepare Easement Sketches (Not applicable for this project) 8.9 Prepare Right -Of -Way Occupancy Sketches (Not applicable for this project) 8.10 Prepare Coastal Construction Control Line (CCCL) Permit Sketches (Not applicable for this project) 8.11 Prepare Tree Permit Information (Not applicable for this project) 8.12 Mitigation Coordination and Meetings The CONSULTANT shall coordinate with COUNTY personnel prior to approaching any environmental permitting or reviewing agencies. Once a mitigation plan has been reviewed and approved by the COUNTY, the CONSULTANT will be responsible for coordinating the proposed mitigation plan with the environmental agencies. 8.13 Mitigation Design If wetland impacts cannot be avoided, the CONSULTANT shall prepare a mitigation plan to be included as a part of the Environmental Resource or Wetlands Resource Permit applications. This scope of work and fee assumes mitigation banking. Prior to the development of alternatives, the CONSULTANT shall meet with the Project Manager to determine the COUNTY's policies in proposing mitigation. The CONSULTANT shall proceed in the development of a mitigation plan based upon the general guidelines provided by the COUNTY. The CONSULTANT will be directed by the COUNTY to investigate the following methods of mitigation: Payment to DEP/WMD per acre of wetlands impacted as defined in CH 373.4137 FS Monetary participation in offsite regional mitigation plans XXvi Agenda Item No. 10C December 2005 Monetary participation in a private mitigation bank Page 60 of 94 8.14 Environmental Clearances The CONSULTANT shall prepare clearances for the following: Archaeological and Historical Features: The CONSULTANT shall collect data necessary to completely analyze the impacts to all cultural and historic resources by the pond and /or mitigation sites and prepare a Cultural Resource Assessment Request Package. See Sub - Consultant (Archaeological and Historical Conservancy, Inc.) Scope of Work. Noise Analysis: The CONSULTANT shall analyze the noise impacts the proposed improvements will have on the properties adjacent to the project. See Sub - Consultant (Environmental Science Associates) Scope of Work. Wetland Impact Analysis: The CONSULTANT shall analyze the impacts to wetlands for the pond and /or mitigation sites and complete the Wetlands Evaluation Report. Services will be performed by CH2M HILL Wildlife and Habitat Impact Analysis: The CONSULTANT shall collect data necessary to perform an Endangered Species Biological Assessment, and analyze the impacts to wildlife and habitat by the pond and /or mitigation sites. Services will be performed by CH21VI HILL These Services do not include a Phase II Environmental Survey of Specific T &E Species. If required, a Specific Species Survey will be performed and will be considered Additional Services. Contamination Impact Analysis: The CONSULTANT shall perform the necessary analysis to complete the Contamination Screening Evaluation for the pond and /or mitigation sites and complete the Contamination Screening Evaluation Report. Services will be performed by CH2M HILL 8.15 Technical Meetings Includes meetings with the COUNTY and /or Agency staff, between disciplines and sub - consultants, such as progress review meetings (phase review), and miscellaneous meetings necessary for all elements of the environmental analysis. 8.16 Quality Assurance /Quality Control xxvii Agenda Item No. 10C D cember 13, 20175 The CONSULTANT shall be responsible for the professional quality, technical agWa1;yo4-tW coordination of all surveys, designs, drawings, specifications and other services furnished by the CONSULTANT under this contract 8.17 Supervision Includes all efforts required to supervise all technical design activities. 8.18 Coordination Includes efforts to coordinate all elements of the environmental analysis of the project to produce a final set of construction documents. 9 STRUCTURES - SUMMARY AND MISCELLANEOUS TASKS AND DRAWINGS The CONSULTANT shall analyze and design all structures in accordance with applicable provisions as defined in Section 2.19, Provisions for Work. Individual tasks identified in Sections 9 through 18 are defined in the Staff Hour Estimation Handbook and within the provision defined in Section 2.19, Provisions for Work. Contract documents shall display economical solutions for the given conditions. The CONSULTANT shall provide Design Documentation to the COUNTY with the 30% and 90% submittal consisting of structural design calculations and other supporting documentation developed during the development of the plans. The design calculations submitted shall adequately address the complete design of all structural elements. These calculations shall be neatly and logically presented on 81/2"x11" paper (where possible) and all sheets shall be numbered. The final design calculations shall be signed and sealed by a Florida- registered professional engineer. A cover sheet indexing the contents of the calculations shall be included and the engineer shall sign and seal that sheet. All computer programs and parameters used in the design calculations shall include sufficient backup information to facilitate the review task. 9.1 Index of Drawings 9.2 Project Layout 9.3 General Notes and Bid Item Notes 9.4 Incorporate Florida Department of Transportation Standards 9.5 Incorporate Report of Core Borings 9.6 Existing Bridge Plans (Not applicable to this project) XXViii Agenda Item No. 10C December 13, 2005 9.7 Computation Book and Quantities Page 62 of 94 9.8 Cost Estimate 9.9 Technical Special Provisions 9.10 Field Reviews 9.11 Technical Meetings 9.12 Quality Assurance /Quality Control 9.13 Independent Peer Review (Not applicable for this project) 9.14 Supervision 9.15 Coordination 10 STRUCTURES - BRIDGE DEVELOPMENT REPORT and tasks 10.1 — 10.30 are not applicable for this project. 11 STRUCTURES - TEMPORARY BRIDGE and tasks 11.1 — 11.8 are not applicable for this project. 12 STRUCTURES - SHORT SPAN CONCRETE BRIDGE and tasks 12.1 — 12.28 are not applicable for this project. 13 STRUCTURES - MEDIUM SPAN CONCRETE BRIDGE and tasks 13.1 — 13. 53 are not applicable for this project. 14 STRUCTURES - STRUCTURAL STEEL BRIDGE and tasks 14.1 — 14. 61 are not applicable for this project. 15 STRUCTURES - SEGMENTAL CONCRETE BRIDGE and tasks 15.1 — 15.78 are not applicable for this project. 16 STRUCTURES - MOVABLE SPAN and tasks 16.1 — 16.102 are not applicable for this project. 17 STRUCTURES - RETAINING WALL The CONSULTANT shall prepare plans for Retaining Wall(s) as specified in Section 2.5. General Requirements 17.1 Key Sheets 17.2 Horizontal Wall Geometry Permanent Proprietary Walls and tasks 17.3 — 17.6 are not applicable for this project. xxix Cast -In -Place Retaining Walls 17.11 Design 17.12 Vertical Wall Geometry 17.13 General Notes 17.14 Wall Plan and Elevations (Control Drawings) 17.15 Sections and Details 17.16 Reinforcing Bar List 18 STRUCTURES - MISCELLANEOUS Agenda Item No. 10C December 13, 2005 Page 63 of 94 The CONSULTANT shall prepare plans for Miscellaneous Structure(s) as specified in Section 2.5. Concrete Box Culverts 18.1 Concrete Box Culverts (not applicable for this project) 18.2 Concrete Box Culverts Extensions Strain Poles and tasks 18.3 — 18.4 are not applicable for this project. Mast Arms 18.5 Mast Arms (2 special mast arms are assumed for determining fee estimate) Overhead /Cantilever Sign Structure and tasks 18.5 — 18.10 are not applicable for this project. High Mast Light Foundations and task 18.11 is not applicable for this project. Sound Barrier Walls (Ground Mount) and tasks 18.12 — 18.18 are not applicable for this project. If Noise Analysis indicates that a Sound Barrier Wall is required, the level of effort for design of the noise walls will be considered Additional Services. Special Structures and task 18.19 is not applicable for this project. 19 SIGNING AND PAVEMENT MARKING ANALYSIS The CONSULTANT shall analyze and document Signing and Pavement Markings Tasks in accordance with all applicable manuals, guidelines, standards, handbooks, procedures, and current design memorandums. 19.1 Traffic Data Analysis xxx Agenda Item No. 10C The CONSULTANT shall review the approved preliminary engineering repo r� y b wrwiiggip package, traffic technical memorandum and proposed geometric design alignment to identify proposed sign placements and roadway markings. 19.2 No Passing Zone Study (Not applicable for this project) 19.3 Reference and Master Design File The CONSULTANT shall prepare the Signing & Marking Design file to include all necessary design elements and all associated reference files. 19.4 Multi -Post Sign Support Calculations The CONSULTANT shall determine the appropriate column size from the FDOT Multi -Post Sign Program(s). 19.5 Sign Panel Design Analysis Establish sign layout, letter size and series for non - standard signs. 19.6 Sign Lighting /Electrical Calculations Includes the verification of photometrics on lighted signs, load center and voltage drop calculations. 19.7 Quantities Includes all work required to determine the quantities of each plan sheet. 19.8 Computation Book The CONSULTANT shall prepare the Computation Book. This includes all efforts required to develop the Computation Book and the supporting documentation. 19.9 Cost Estimates The CONSULTANT shall prepare the Engineer's Estimate of Probable Cost and provide with first submittal. The Engineer's Estimate of Probable Cost shall be adjusted at each submittal to be maintained until final submittal. 19.10 Technical Special Provisions The CONSULTANT shall provide Technical Special Provisions for all items of work not covered by the FDOT Standard Specifications for Road and Bridge Construction and recurring special provisions. Standard Specifications, recurring special provisions and supplemental specifications should not be modified unless absolutely necessary to control project specific requirements. The xxxi Agenda Item No. 10C D ember 13, 20R5 first nine sections of the standard specifications, recurring special provisions an spp q specifications shall not be modified without written approval of the COUNTY. All modifications to other sections must be justified to the Project Manager to be included in the project's specifications package as Technical Special Provisions. The Technical Special Provisions shall provide a description of work, materials, equipment and specific requirements, method of measurement and basis of payment. These provisions shall be submitted on 8 -1/2 "x11" sheets and shall not have holes punched or be bound in any way that would create a problem for high volume reproduction. 19.11 Field Reviews Includes all trips required to obtain necessary data for all elements of the signing and pavement marking analysis. 19.12 Technical Meetings Includes meetings with the COUNTY and /or Agency staff, between disciplines and sub - consultants, such as access management meetings, pavement design meetings, progress review meetings (phase review), and miscellaneous meetings necessary for all elements of the signing and pavement marking analysis. 19.13 Quality Assurance /Quality Control The CONSULTANT shall be responsible for the professional quality, technical accuracy and coordination of all surveys, designs, drawings, specifications and other services furnished by the CONSULTANT under this contract. 19.14 Independent Peer Review (Not applicable to this project) 19.15 Supervision Includes all efforts required to supervise all technical design activities. 19.16 Coordination Includes efforts to coordinate all elements of the Signing and Pavement Marking analysis of the project to produce a final set of construction documents. 20 SIGNING AND PAVEMENT MARKING PLANS The CONSULTANT shall prepare a set of Signing and Pavement Marking Plans in accordance with the Plans Preparation Manual that includes the following. XXXl1 20.1 Key Sheet 20.2 Summary of Pay Items 20.3 Tabulation of Quantities 20.4 General Notes /Pay Item Notes 20.5 Project Layout (Not applicable for this project) 20.6 Plan Sheet 20.7 Typical Details 20.8 Guide Sign Work Sheet(s) 20.9 Traffic Monitoring Site (Not applicable for this project) 20.10 Cross Sections (Not applicable for this project) 20.11 Special Service Point Details (Not applicable for this project) 20.12 Special Details 20.13 Interim Standards 20.14 Quality Assurance /Quality Control 20.15 Supervision Agenda Item No. 10C December 13, 2005 Page 66 of 94 21 SIGNALIZATION ANALYSIS The CONSULTANT shall analyze and document Signalization Analysis Tasks in accordance with all applicable manuals, guidelines, standards, handbooks, procedures, and current design memorandums. 21.1 Traffic Data Collection The COUNTY will provide traffic data required for the determination of the lane configurations and required turn lanes lengths if availabe. This scope of work includes effort for traffic data collection, including crash reports, 24 hr. machine counts, 8 hr. turning movement counts, 7 day machine counts, and speed & delay studies. 21.2 Traffic Data Analysis xxxiii Agenda Item too. 10C The CONSULTANT shall determine signal operation plan, intersection geom`-pa etry; g� il timings, pre - emption phasing & timings, forecasting traffic, and intersection analysis run. 21.3 Signal Warrant Study (Not applicable for this project) 21.4 Systems Timings (Not applicable for this project) 21.5 Reference and Master Signalization Design File The CONSULTANT shall prepare the Signalization Design file to include all necessary design elements and all associated reference files. 21.6 Reference and Master Interconnect Communication Design File The CONSULTANT shall prepare the Interconnect Communication Design file to include all necessary design elements and all associated reference files. Signal Interconnect elements will be shown on the Lighting Plans, a separate set of SIC plans will not be prepared. 21.7 Overhead Street Name Sign Design The CONSULTANT shall design Signal Mounted Overhead Street Name signs. 21.8 Pole Elevation Analysis 21.9 Traffic Signal Operation Report (Not applicable for this project) 21.10 Quantities Includes all work required to determine the quantities of each plan sheet. 21.11 Cost Estimate The CONSULTANT shall prepare the Engineer's Estimate of Probable Cost and provide with first submittal. The Engineer's Estimate of Probable Cost shall be adjusted at each submittal to be maintained until final submittal. 21.12 Technical Special Provisions The CONSULTANT shall provide Technical Special Provisions for all items of work not covered by the FDOT Standard Specifications for Road and Bridge Construction and recurring special provisions. Standard Specifications, recurring special provisions and supplemental specifications should not be modified unless absolutely necessary to control project specific requirements. The first nine sections of the standard specifications, recurring special provisions and supplemental specifications shall not be modified without written approval of the COUNTY. All modifications to xxxiv Agenda Item Igo. 10C Dec ber 13,2M- other sections must be justified to the Project Manager to be included in 1g�fg specifications package as Technical Special Provisions. The Technical Special Provisions shall provide a description of work, materials, equipment and specific requirements, method of measurement and basis of payment. These provisions shall be submitted on 8 -1/2 "x11" sheets and shall not have holes punched or be bound in any way that would create a problem for high volume reproduction. 21.13 Field Reviews The CONSULTANT shall collect information from the maintaining agencies and conduct a field review. The review should include, but is not limited to, the following: Existing Signal and Pedestrian Phasing Controller Make, Model, Capabilities and Condition /Age Condition of Signal Structure(s) Type of Detection as Compared With Current District Standards Interconnect Media Controller Timing Data 21.14 Technical Meetings Includes meetings with the COUNTY and /or Agency staff, between disciplines and sub - consultants, such as progress review meetings (phase review), and miscellaneous meetings necessary for all elements of the signalization analysis. 21.15 Quality Assurance /Quality Control The CONSULTANT shall be responsible for the professional quality, technical accuracy and coordination of all surveys, designs, drawings, specifications and other services furnished by the CONSULTANT under this contract. 21.16 Independent Peer Review (Not applicable to this project) 21.17 Supervision Includes all efforts required to supervise all technical design activities. 21.18 Coordination Includes all efforts to coordinate with all elements of the signalization analysis of the project to produce a final set of construction documents. XXXV Agenda item No. 10C 22 SIGNALIZATION PLANS December Page 60 69 2005 of 94 The CONSULTANT shall prepare a set of Signalization Plans for the intersection of Collier Blvd (CR 951) and Pine Ridge Road, Pine Ridge Road and Golden Gate Boulevard in accordance with the Plans Preparation Manual, which includes the following. 22.1 Key Sheet 22.2 Summary of Pay Items 22.3 Tabulation of Quantities 22.4 General Notes /Pay Item Notes 22.5 Plan Sheet 22.6 Interconnect Plans The conduit, pull boxes, notes etc... will be shown on the Lighting Plans. A separate set of Signal Interconnect Plans will not be provided. 22.7 Traffic Monitoring Site (Not applicable for this project) 22.8 Guide Sign Worksheet - Guide Signs will be provided at three (3) Intersections 22.9 Special Details 22.10 Special Service Point Details 22.11 Mast Arm /Monotube Tabulation Sheet 22.12 Strain Pole Schedule (Not applicable for this project) 22.13 TCP Signal (Temporary) (Not applicable for this project) 22.14 Temporary Detection Sheet (Not applicable for this project) 22.15 Utility Conflict Sheet (Not applicable for this project) 22.16 Interim Standards (Not applicable for this project) 22.17 Quality Assurance /Quality Control 22.18 Supervision 23 LIGHTING ANALYSIS The CONSULTANT shall analyze and document Lighting Tasks in accordance with all applicable manuals, guidelines, standards, handbooks, procedures, and current design memorandums. 23.1 Lighting Justification Report (Not applicable for this project) XXXVI Agenda item No. 10C December 13, 2005 23.2 Lighting Design Analysis Report Page 70 of 94 The CONSULTANT shall prepare a Preliminary Lighting Design Analysis Report. The report shall be submitted under a separate cover prior to the Phase II plans submittal. The report shall provide analyses for each typical section of the mainline. Each lighting calculation shall be properly identified as to the area that it covers. The report shall include the Lighting Design Criteria that will be used and shall include the evaluation of at least three lighting design alternatives and a recommendation on the alternative to use. Each alternative shall be properly described; the alternatives shall consider different pole heights, lamp wattage, and arm lengths. Each alternative shall be provided with a cost estimate that includes initial cost in addition to operations and maintenance cost for one year. After approval of the preliminary report, the CONSULTANT shall submit a revised report including a detailed lighting design analysis for each submittal. 23.3 Aeronautic) -valuation (Not applicable for this project) 23.4 Voltage Dro,, :calculations The CONSULTANT shall submit voltage drop calculations showing the equation or equations used along with the number of luminaries per circuit, the length of each circuit, the size conductor or conductors used and their ohm resistance values. The voltage drop incurred on each circuit (total volts and percentage of drop) shall be calculated, and all work necessary to calculate the voltage drop values for each circuit should be presented in such a manner as to be duplicated by the County . Load analysis calculations shall be submitted for each branch circuit breaker and main breaker. 23.5 FDEP Coordination and Report (Not applicable for this project) 23.6 Reference and Master Design Files The CONSULTANT shall prepare the Lighting Design file to include all necessary design elements and all associated reference files. 23.7 Temporary Lighting (Not applicable for this project) 23.8 Design Documentation xxxvu Agenda Item No. 10C The CONSULTANT shall submit a Roadway Lighting Design Documentation oo a)N01' WW lighting plans submittal under a separate cover and not part of the roadway documentation book. At a minimum, the design documentation book shall include: Lighting Calculations. Structural calculations for special conventional pole concrete foundations if required. Letter to the power company requesting service. Power company confirmation letter on the requested services (Phase III and Phase IV submittals). Voltage drop calculations (Phase III and Phase IV submittals). Load analysis calculations (Phase III and Phase IV submittals). 23.9 Quantities Includes all work required to determine the project quantities. 23.10 Cost Estimate The CONSULTANT shall prepare the Engineer's Estimate of Probable Cost and provide with first submittal. The Engineer's Estimate of Probable Cost shall be adjusted at each submittal and maintained until final submittal. 23.11 Technical Special Provisions The CONSULTANT shall provide Technical Special Provisions for all items of work not covered by the FDOT Standard Specifications for Road and Bridge Construction and recurring special provisions. Standard Specifications, recurring special provisions and supplemental specifications should not be modified unless absolutely necessary to control project specific requirements. The first nine sections of the standard specifications, recurring special provisions and supplemental specifications shall not be modified without written approval of the COUNTY. All modifications to other sections must be justified to the Project Manager to be included in the project's specifications package as Technical Special Provisions. The Technical Special Provisions shall provide a description of work, materials, equipment and specific requirements, method of measurement and basis of payment. These provisions shall be submitted on 8 -1/2 "x11" sheets and shall not have holes punched or be bound in any way that would create a problem for high volume reproduction. Xxxvi,► Agenda Item No. 10C December 13, 2005 23.12 Field Reviews Page 72 of 94 . The CONSULTANT shall collect information from the maintaining agencies and conduct a field review. The review should include but is not limited to the following: Existing Lighting Equipment Load Center, Capabilities and Condition /Age Condition of Lighting Structure(s) 23.13 Technical Meetings Includes meetings with the COUNTY (Traffic Operations) staff, between disciplines and sub - consultants, such as progress review meetings (phase review), and miscellaneous meetings necessary for project elements. 23.14 Quality Assurance /Quality Control The CONSULTANT shall be responsible for the professional quality, technical accuracy and coordination of all surveys, designs, drawings, specifications and other services furnished by the CONSULTANT under this contract. 23.15 Independent Peer Review (Not applicable for this project) 23.16 Supervision Includes all efforts required to supervise all technical design activities. 23.17 Coordination Includes efforts to coordinate all elements of the lighting analysis of the project to produce a final set of construction documents. 24 LIGHTING PLANS The CONSULTANT shall prepare a set of Lighting Plans in accordance with the Plans Preparation Manual, which includes the following: 24.1 Key Sheet 24.2 Summary of Pay Item Sheet 24.3 Tabulation of Quantities 24.4 General Notes /Pay Item Notes 24.5 Pole Data and Legend & Criteria 24.6 Service Point Details XXXiX 24.7 Project Layout (Not applicable for this project) 24.8 Plan Sheet 24.9 Special Details 24.10 Temporary Lighting Data and Details (Not applicable for this project) 24.11 Traffic Control Plan Sheets (Not applicable for this project) 24.12 Interim Standards (Not applicable for this project) 24.13 Quality Assurance /Quality Control Agenda item No. 10C December 13, 2005 Page 73 of 94 24.14 Supervision 25 LANDSCAPE ARCHITECTURE ANALYSIS and tasks 25.1 — 25.3, 25.6, 25.9, and 25.11 — 25.12 are not applicable for this project. 25.4 Irrigation Design - Irrigation sleeves will be designed to provide access to median planting areas 25.5 Hardscape Design — Brick pavers will be designed at traffic separators 25.7 Cost Estimates 25.8 Technical Specification Provisions 25.10 Technical Meeting 25.13 Supervision 25.14 Coordination 26 LANDSCAPE ARCHITECTURE PLANS and tasks 26.1 — 26.15 are not applicable for this project. All landscape plan items will be included on the Roadway Plan /Profile sheets 27 SURVEY and tasks 27.1 — 27.35 are not applicable for this project as listed. Please see sub - consultant (RWA) scope of work The CONSULTANT will be responsible for the preparation of control survey maps. The CONSULTANT shall perform survey tasks in accordance with all applicable statutes, manuals, guidelines, standards, handbooks, procedures, and current design memoranda. 28 PHOTOGRAMMETRY and tasks 28.1 — 28.35 are not applicable for this project. County will provide aerial mapping 29 MAPPING and tasks 29.1 — 29.35 are not applicable for this project as listed. Please see sub - consultant (Wilson Miller) scope of work xl Agenda Item No. 10C The CONSULTANT will be responsible for the preparation of right of way maps, rR 13 04 P P p g Y P ���p� maps, sketches and legal descriptions as required for this project in accordance with all applicable COUNTY Manuals, Procedures, Handbooks, and Florida Statutes. All maps, surveys and legal descriptions will be prepared under the direction of a Florida Professional Surveyor and Mapper (PSM) to COUNTY size and format requirements utilizing COUNTY approved software, and will be designed to provide a high degree of uniformity and maximum readability. The CONSULTANT will submit maps, legal descriptions, quality assurance check prints, checklists, electronic media files and any other documents as required for this project to the COUNTY for review at stages of completion as negotiated. 30 GEOTECHNICAL and tasks 30.1 — 30.52 are not applicable for this project as listed. Please see sub - consultant (Forge) scope of work The CONSULTANT shall, for each project, be responsible for a complete geotechnical investigation. All work performed by the CONSULTANT shall be in accordance with COUNTY standards Prior to beginning each phase of investigation and after the Notice to Proceed is given, the CONSULTANT shall submit investigation plan for approval and meet with the COUNTY representative to review the project scope and COUNTY requirements. The investigation plan shall include, but not be limited to, the proposed boring locations and depths, and all existing geotechnical information from available sources to generally describe the surface and subsurface conditions of the project site. Additional meetings may be required to plan any additional field efforts, review plans, resolve plans /report comments, resolve responses to comments, and /or any other meetings necessary to facilitate the project. The CONSULTANT shall notify the COUNTY in adequate time to schedule a representative to attend all related meetings and field activities. 31 ARCHITECTURE DEVELOPMENT and tasks 31.1 — 31.155 are not applicable for this project. 32 PROJECT REQUIREMENTS 32.1 Liaison Office xti Agenda Item No. 10C The COUNTY and the CONSULTANT will designate a Project Manager A e��162 0 representative of their respective organizations for the Project. The final direction on all matters of this project remains with the COUNTY Project Manager. 32.2 Key Personnel The CONSULTANT's work shall be performed and directed by the key personnel identified in the proposal presentations by the CONSULTANT. Any changes in the indicated personnel shall be subject to review and approval by COUNTY. 32.3 Progress Reporting The CONSULTANT shall meet with the COUNTY as required and shall provide a written progress and schedule status reports that describe the work performed on each task. Progress and schedule status reports shall be delivered to the COUNTY concurrently with the monthly invoice. The Project Manager will make judgment on whether work of sufficient quality and quantity has been accomplished by comparing the reported percent complete against actual work accomplished. 32.4 Correspondence Copies of all written correspondence between the CONSULTANT and any party pertaining specifically to this contract shall be provided to the COUNTY for their records within one (1) week of the receipt or mailing of said correspondence. 32.5 Professional Endorsement The CONSULTANT shall have a Registered Professional Engineer in the State of Florida sign and seal all reports, documents, and plans as required by COUNTY standards. 32.6 Computer Automation The project will be developed utilizing Computer Aided Drafting and Design (CADD) systems. 32.7 Coordination With Other Consultants The CONSULTANT is to coordinate his work with any and all adjacent and integral consultants so as to effect complete and homogenous plans and specifications for the project(s) described herein. 32.8 Optional Services xlii Agenda Item Igo. 10C At the COUNTY's option, the CONSULTANT may be requested to provide addit�iona p0o0w construction inspection services. The fee for these services shall be negotiated in accordance with the terms detailed in Exhibit B, Method of Compensation, for a fair, competitive and reasonable cost, considering the scope and complexity of the project(s). A supplemental agreement adding the additional services shall be executed in accordance with paragraph 2.00 of the Standard Consultant Agreement. The additional services may include Construction Assistance or other Post Design Services not included within this contract. Potential design and construction services include: Post Design Services: There are no Post Design Services included in this agreement. Post Design Services shall be added to this contract as Additional Services. Once the 60% Design Plans have been submitted and approved by the County, a Change Order will be developed and negotiated which reflects the Final Construction Limits of the Project. 33 INVOICING LIMITS Payment for the work accomplished will be in accordance with Method of Compensation of this contract. Invoices shall be submitted to the COUNTY, in a format prescribed by the COUNTY. The COUNTY Project Manager and the CONSULTANT shall monitor the cumulative invoiced billings to insure the reasonableness of the billings compared to the project schedule and the work accomplished and accepted by the COUNTY. The CONSULTANT will provide a list of key events and the associated total percentage of work considered to be complete at each event. This list will be used to control invoicing. Payments will not be made that exceed the percentage of work for any event until those events have actually occurred and the results are acceptable to the County. xliii Agenda Item No. 10C December 13, 2005 Page 77 of 94 SCHEDULE B BASIS OF COMPENSATION DIRECT LABOR COSTS PLUS REIMBURSABLE EXPENSES 1. MONTHLY STATUS REPORTS B.1.1 As a condition precedent to payment, CONSULTANT shall submit to OWNER as part of its monthly invoice, a progress report reflecting the Project design and construction status, in terms of the total work effort estimated to be required for the completion of the Basic Services and any then - authorized Additional Services, as of the last day of the subject monthly billing cycle. Among other things, the report shall show all Service items and the percentage complete of each item. B1.1.1 All monthly status reports and invoices shall be mailed to the attention of Gary Putaansuu, PE, Project Manager, Collier County Government, Transportation Division, 2885 South Horseshoe Drive, Naples, 34104. 2. COMPENSATION TO CONSULTANT B.2.1. For the Basic Services provided for in this Agreement, OWNER agrees to make monthly payments to CONSULTANT based upon CONSULTANT'S Direct Labor Costs and Reimbursable Expenses in accordance with the terms stated below. Provided, however, in no event shall such compensation exceed the amounts set forth in the table below. ITEM PHASE NOT TO EXCEED AMOUNT: 1. Task I — 30% Submittal $ 806,816.00 2. Task 11 — 60% Submittal $ 571,220.00 3. Task III — 90% Submittal $ 361,654.00 4. Task IV — 100% Submittal $ 194,550.00 5. Task V — Post Design Services $ 94,505.00 Total Fee (Items 1 — 4) 2 028 745.00 B.2.2. Direct Labor Costs mean the actual salaries and wages (basic, premium and incentive) paid to CONSULTANT'S personnel, with respect to this Project, including all indirect payroll related costs and fringe benefits, all in accordance with and not in excess of the rates set forth in the Attachment I to this Schedule B. B.2.3. With each monthly Application for Payment, CONSULTANT shall submit detailed time records, and any other documentation reasonably required by OWNER, regarding CONSULTANT'S Direct Labor Costs incurred at the time of billing, to be reviewed and approved by OWNER. A Agenda Item No. 10C December 13, 2005 B.2.4 For Additional Services provided pursuant to Article 2 of the Agreement, OWfVEft'1§rd @§ to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the services to be provided. The negotiated fee shall be based upon the rates specified in Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the provisions of Section 3.5.1 below. There shall be no overtime pay on Basic Services or Additional Services without OWNER'S prior written approval. B.2.5. The compensation provided for under Sections 2.1 of this Schedule B, shall be the total and complete amount payable to CONSULTANT for the Basic Services to be performed under the provisions of this Agreement, and shall include the cost of all materials, equipment, supplies and out -of- pocket expenses incurred in the performance of all such services. B.2.6 Notwithstanding anything in this Agreement to the contrary, CONSULTANT acknowledges and agrees that in the event of a dispute concerning payments for Services performed under this Agreement, CONSULTANT shall continue to perform the Services required of it under this Agreement, as directed by OWNER, pending resolution of the dispute provided that OWNER continues to pay to CONSULTANT all amounts that OWNER does not dispute are due and payable. 3. SCHEDULE OF PAYMENTS: B.3.1. CONSULTANT shall submit, with each of the monthly status reports provided for under Section 1.1 of this Schedule B, an invoice for fees earned in the performance of Basic Services and Additional Services during the subject billing month. Notwithstanding anything herein to the contrary, the CONSULTANT shall submit no more than one invoice per month for all fees and Reimbursable Expenses earned that month for both Basic Services and Additional Services. Invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by Owner. Additionally, the number of the purchase order granting approval for such services shall appear on all invoices. B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices shall be submitted on CONSULTANT'S letterhead and must include the Purchase Order Number and the Project name and shall not be submitted more than one time monthly. B.3.3 Notwithstanding anything herein to the contrary, in no event may CONSULTANT'S monthly billings, on a cumulative basis, exceed the sum determined by multiplying the applicable not to exceed task limits set forth in the table in Section 2.1 by the percentage Owner has determined CONSULTANT has completed such task as of that particular monthly billing. B.3.4 Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove and for reimbursable expenses will be made monthly upon presentation of a detailed invoice with supporting documentation. B.3.5 Unless specific rates have been established in Attachment 1, attached to this Schedule B, CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by CONSULTANT for Additional Services, CONSULTANT shall be limited to a Agenda Item No. 10C December 13, 2005 maximum markup of 5% on the fees and expenses associated with such surtefll9 and subcontractors. B.3.5.1 Reimbursable Expenses associated with Additional Services must comply with section 112.061, Fla. Stat., or as set forth in the Agreement, be charged without mark -up by the CONSULTANT, and shall consist only of the following items: B.3.5.1.1. Cost for reproducing documents that exceed the number of documents described in this Agreement and postage and handling of Drawings and Specifications. B.3.5.1.2. Travel expenses reasonably and necessarily incurred with respect to Project related trips, to the extent such trips are approved by OWNER. Such expenses, if approved by OWNER, may include coach airfare, standard accommodations and meals, all in accordance with section 112.061, F.S. Further, such expenses, if approved by OWNER, may include mileage for trips that are from /to destinations outside of Collier or Lee Counties. Such trips within Collier and Lee Counties are expressly excluded. B.3.5.1.3. Permit Fees required by the Project. B.3.5.1.4 Expense of overtime work requiring higher than regular rates approved in advance and in writing by OWNER. B.3.5.1.5 Expense of models for the County's use. B.3.4.1.6 Other items on request and approved in writing by the OWNER. B.3.5.2 Should a conflict exist between the dollar amounts set forth in Section 112.061, F.S., and the Agreement, the terms of the Agreement shall prevail. C Agenda Item No. 10C December 13, 2005 Page 80 of 94 SCHEDULE B ATTACHMENT A BASIS OF COMPENSATION 1. TASK 1— 30% SUBMITTAL Project General Tasks Roadway Analysis Roadway Plans Drainage Analysis Utility Data Collection and Coordination Permits Retaining Walls Miscellaneous Structures — Box Culverts Survey and Mapping Geotechnical Time and Material Not to Exceed: $806,816.00 - 2. TASK II — 60% SUBMITTAL Project General Tasks Roadway Analysis Roadway Plans Drainage Analysis Utility Adjustment Plans Permits Retaining Walls Miscellaneous Structures — Box Culverts Signing & Marking Analysis Signing & Marking Plans Signalization Analysis Signalization Plans Lighting Analysis Lighting Plans Traffic Control Plans Landscape Architecture Analysis Survey and Mapping Geotechnical Noise Analysis Archaeological Time and Materials Not to Exceed: $571,220.00 W 3. TASK III — 90% SUBMITTAL Project General Tasks Roadway Analysis Roadway Plans Drainage Analysis Utility Adjustment Plans Permits Retaining Walls Miscellaneous Structures — Box Culverts Miscellaneous Structures Signing & Marking Analysis Signing & Marking Plans Signalization Analysis Signalization Plans Lighting Analysis Lighting Plans Traffic Control Plans Landscape Architecture Analysis Survey and Mapping Geotechnical Noise Analysis Agenda Item No. 10C December 13, 2005 Page 81 of 94 Time and Materials Not to Exceed: $361,654.00 4. TASK IV— 100% SUBMITTAL Project General Tasks Roadway Analysis Roadway Plans Drainage Analysis Utility Adjustment Plans Permits Structural Analysis Summary Temporary Bridge Short Span Concrete Retaining Walls Miscellaneous Structures — Box Culverts Signing & Marking Analysis Signing & Marking Plans Signalization Analysis Signalization Plans Lighting Analysis Lighting Plans Traffic Control Plans Landscape Architecture Analysis Survey and Mapping Geotechnical Noise Analysis 91 Agenda Item No. 10C December 13, 2005 Time and Material Not to Exceed: $ 194,550.00Page 82 of 94 5. TASK V — POST DESIGN SERVICES 1. Bidding Services Participate in Pre -Bid Meetings Respond to bidder inquiries (if necessary) Provide Necessary plan revisions (if necessary) Time and material not to Exceed: $5,200.00 2. Construction Services Participate in Construction Meetings Participate in Field Reviews Respond to Requests for Information (RFI) Evaluate proposed revisions Review Shop Drawings Coordinate with adjacent Development Revise plan drawings SFWMD Certification Time and materials not to Exceed: $88,505.00 3. Expenses Copies Mailing, shipping and delivery Time and materials not to Exceed: $6,000.00 Total Cost Not to Exceed: $2,028,745.00 F Agenda item No. 10C December 13, 2005 Page 83 of 94 SCHEDULE B ATTACHMENT B CONSULTANT'S EMPLOYEE HOURLY RATE SCHEDULE Senior Review Project Manager Lead Engineer /Permit Specialist Biologist Design Engineer Lead Design Technician Drafting Technician Clerical END OF SCHEDULE B. $160.00 $140.00 $115.00 $100.00 $95.00 $85.00 $65.00 $45.00 G Agenda Item No. 10C December 13, 2005 Page 84 of 94 SCHEDULE C PROJECT MILESTONE SCHEDULE Schedule is based on the number of calendar days from issuance of Notice to Proceed. 1. TASK 1— 30% SUBMITTAL: 2. TASK II - 60% SUBMITTAL: 3. TASK III — 90% SUBMITTAL: 4. TASK IV — 100% SUBMITTAL: 5. TASK V — POST DESIGN SERVICES: 206 Days 112 Days 280 Days 162 Days 873 Days H SCHEDULE D INSURANCE COVERAGE Agenda Item Igo. 10C December 13, 2005 Page 85 of 94 (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If CONSULTANT has any self- insured retentions or deductibles under any of the below listed minimum required coverages, CONSULTANT must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self- insured retentions or deductibles will be CONSULTANT'S sole responsibility. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverages shall be maintained without interruption from the date of commencement of the services until the date of completion and acceptance of the Project by the OWNER or as specified in this Agreement, whichever is longer. (4) Certificates of insurance (3 copies) acceptable to the OWNER shall be filed with the OWNER within ten (10) calendar days after Notice of Award is received by CONSULTANT evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance polices required shall be provided to OWNER, on a timely basis, if requested by OWNER. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least thirty (30) days prior written notice has been given to the OWNER. CONSULTANT shall also notify OWNER, in a like manner, within twenty -four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in coverages or limits received by CONSULTANT from its insurer, and nothing contained herein shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT TPA #1953637.9 PSA D -1 Agenda Item No. 10C shall immediately take steps to have the aggregate limit reinstated to the full exfep�t�60g41 under such policy. (5) All insurance coverages of the CONSULTANT shall be primary to any insurance or self insurance program carried by the OWNER applicable to this Project. (6) The acceptance by OWNER of any Certificate of Insurance does not constitute approval or agreement by the OWNER that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. (7) CONSULTANT shall require each of its subconsultants to procure and maintain, until the completion of the subconsultant's services, insurance of the types and to the limits specified in this Section except to the extent such insurance requirements for the subconsultant are expressly waived in writing by the OWNER. (8) Should at any time the CONSULTANT not maintain the insurance coverages required herein, the OWNER may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the CONSULTANT for such coverages purchased. If CONSULTANT fails to reimburse OWNER for such costs within thirty (30) days after demand, OWNER has the right to offset these costs from any amount due CONSULTANT under this Agreement or any other agreement between OWNER and CONSULTANT. The OWNER shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the OWNER to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Agreement. (9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the services required hereunder or termination of the Agreement, the CONSULTANT shall furnish to the OWNER, in triplicate, renewal or replacement Certificate(s) of Insurance not later than thirty (30) calendar days prior to the date of their expiration. Failure TPA 4193637.9 PSA D -2 Agenda item Pilo. 10C P () Q3g� of the Contractor to provide the OWNER with such renewal certificates sha �`�b material breach by CONSULTANT and OWNER may terminate the Agreement for cause. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? _X Yes No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the CONSULTANT during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability (check one) $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee _X_ $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance company shall waive all claims rights against the OWNER and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. Applicable _X_ Not Applicable TPA# 1953637.9 PSA D -3 Agenda Item No. 10C 4 Maritime Coverage Jones Act shall be maintained where applicable �o�t�h'�r 13, 2005 () g ( ) Rage 88 of 94 completion of the work. Applicable _X_ Not Applicable COMMERCIAL GENERAL LIABILITY Required by this Agreement? _X_ Yes No (1) Commercial General Liability Insurance, written on an "occurrence" basis, shall be maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance by the OWNER of the work under this Agreement. Limits of Liability shall not be less than the following: General Aggregate $300,000 Products /Completed Operations Aggregate $300,000 Personal and Advertising Injury $300,000 Each Occurrence $300,000 Fire Damage $ 50,000 General Aggregate $500,000 Products /Completed Operations Aggregate $500,000 Personal and Advertising Injury $500,000 Each Occurrence $500,000 Fire Damage $ 50,000 —X—General Aggregate $2,000,000 Products /Completed Operations Aggregate $2,000,000 Personal and Advertising Injury $2,000,000 Each Occurrence $2,000,000 Fire Damage $ 50,000 TPA# 1953637.9 PSA DA Agenda Item No. 10C ember.13, 260 (2) The General Aggregate Limit shall apply separately to this Project anftepp 41 be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial Aggregate Limit under LIMITS OF INSUR/ away from premises owned by or rented retentions shall be the sole responsibility retentions carried by the CONSULTANT Management Director or his /her designee. General Liability Coverage Part. The General ONCE applies separately to each of your projects to you." Applicable deductibles or self- insured of CONSULTANT. Deductibles or self- insured shall be subject to the approval of the Risk (3) The OWNER shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the OWNER. claims. (4) Coverage shall be included for explosion, collapse or underground property damage (5) Watercraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSULTANT in limits of not less than the Commercial General Liability limit shown in subparagraph (1) above if applicable to the completion of the Services under this Agreement. Applicable _X_ Not Applicable (7) Aircraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSULTANT in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. Applicable _X_ Not Applicable AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? _X_ Yes No TPA# ] 953637.9 PSA D -5 Agenda Item No. 10C (1) Automobile Liability Insurance shall be maintained by the CONSain o ownership, maintenance or use of any owned, non -owned or hired vehicle with limits of not less than: _X_ Bodily Injury & Property Damage - $ 500,000 Bodily Injury & Property Damage - $1,000,000 UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial General Liability, and Automobile Liability coverages required herein and shall include all coverages on a "following form" basis. (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. PROFESSIONAL LIABILITY INSURANCE Required by this Agreement? _X_ Yes No (1) Professional Liability Insurance shall be maintained by the CONSULTANT to insure its legal liability for claims arising out of the performance of professional services under this Agreement. CONSULTANT waives its right of recover against OWNER as to any claims under this insurance. Such insurance shall have limits of not less than: $ 500,000 each claim and in the aggregate $1,000,000 each claim and in the aggregate $2,000,000 each claim and in the aggregate _X_ $5,000,000 each claim and in the aggregate TPA# 1953637.9 PSA D -6 Agenda Item No. 10C December 13, 2005 Page 91 of 94 (2) Any deductible applicable to any claim shall be the sole responsibility of the CONSULTANT. Notwithstanding anything herein to the contrary, in no event shall the policy deductible be greater than $50,000 each claim. Deductibles in excess of that amount shall require the prior written approval of the Risk Management Director or his /her designee, at their discretion. (3) The CONSULTANT shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the OWNER. (4) The policy retroactive date will always be prior to the date services were first performed by CONSULTANT or OWNER, and the date will not be moved forward during the term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit Certificates of Insurance providing for an unqualified written notice to OWNER of any cancellation of coverage or reduction in limits, other than the application of the aggregate limits provision. In addition, CONSULTANT shall also notify OWNER by certified mail, within twenty - four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in coverages or limits received by CONSULTANT from its insurer. In the event of more than a twenty percent (20 %) reduction in the aggregate limit of any policy, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any endorsements issued or to be issued on the policy if requested by OWNER. VALUABLE PAPERS INSURANCE (1) CONSULTANT shall purchase valuable papers and records coverage for plans, specifications, drawings, reports, maps, books, blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or reconstructing valuable papers or records utilized during the term of this Agreement. PROJECT PROFESSIONAL LIABILITY (1) If OWNER notifies CONSULTANT that a project professional liability policy will be purchased, then CONSULTANT agrees to use its best efforts in cooperation with OWNER and TPA# 1953637.9 PSA D -7 Agenda Item No. 10C e mbvr 13 2 05 OWNER'S insurance representative, to pursue the maximum credit avai a�i(�a PO o _a professional liability carrier for a reduction in the premium of CONSULTANT'S professional liability policy. If no credit is available from CONSULTANT'S current professional policy underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent professional liability policies that renew during the term of the project policy). CONSULTANT agrees that any such credit will fully accrue to OWNER. Should no credit accrue to OWNER, OWNER and CONSULTANT, agree to negotiate in good faith a credit on behalf of OWNER for the provision of project- specific professional liability insurance policy in consideration for a reduction in CONSULTANT'S self- insured retention and the risk of uninsured or underinsured consultants. (2) CONSULTANT agrees to provide the following information when requested by OWNER or OWNER'S Project Manager: a. The date the professional liability insurance renews. A. b. Current policy limits. C. Current deductibles /self- insured retention. d. Current underwriter. e. Amount (in both dollars and percent) the underwriter will give as a credit if the policy is replaced by an individual project policy. f. Cost of professional insurance as a percent of revenue. g. Affirmation that the design firm will complete a timely project errors and omissions application. (3) If OWNER elects to purchase a project professional liability policy, CONSULTANT to be insured will be notified and OWNER will provide professional liability insurance, naming CONSULTANT and its professional subconsultants as named insureds. END OF SCHEDULE D TPA41953637.9 PSA D -8 Agenda Item fro. 10C December 13, 2005 SCHEDULE E Page 93 of 94 TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, CH2M Hill, Inc. hereby certifies that wages, rates and other factual unit costs supporting the compensation for the services of the CONSULTANT to be provided under the Professional Services Agreement, concerning Collier Boulevard from Golden Gate Boulevard to Pine Ridge Road are accurate, complete and current as of the time of contracting. CH2M Hill, Inc. AN TITLE: DATE: TPA 91953637.9 PSA E -1 Agenda Item Rio. 10C December 13, 2005 Page 94 of 94 SCHEDULE F KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS Irene Nath Kevin Heldorfer Jason Harkless Kathy Fernandez Chris Jubran William Gramer Gerry Delrio Jeff Oestreich Asfaq Khan Suzanne Chason Dennis Escalante Sachin Menon Suzanne McCord Pramod Choudhary Claudine Auclair Joe Castronovo Tunch Orsoy Rick Gorsira Frank Scerbo Scott Bear Amy Stewart Bill Beddow 60% 60% 50% 50% 35% 30% 30% 30% 30% 25% 20% 20% 20% 20% 15% 15% 10% 10% 5% 5% 5% 5% TPA# 1953637.9 PSA F -1 Agenda Item No. 10D December 13, 2005 Page 1 of 6 EXECUTIVE SUMMARY Recommend Approval of Change Order for additional expenses above $700,000 for both media and production billed by Paradise Advertising at the gross amount to Contract 03 -3537 between Paradise Advertising & Marketing, Inc. and Collier County for Marketing and Advertising Collier County as a Tourism Destination in the amount of $200,000.00 for final payments for fiscal year 2005. OBJECTIVE: Obtain Board approval of Change Order to Contract No. 03 -3537 in the amount of $200,000 between Paradise Advertising & Marketing, Inc. and Collier County for Marketing and Advertising Collier County as a Tourism Destination. CONSIDERATIONS: At the October 28, 2003 Board of County Commissioners Board meeting Item No. 16A13 for RFP No. 03 -3537 was awarded to Paradise Advertising & Marketing, Inc. for Tourism Development Council Marketing Services (in the estimated annual amount of $820,000. This includes $700,000 for media and production and $120,000 for all professional time devoted to account administration, strategic planning, media planning, media negotiation, media placement and traffic and billing.). The contract expired on September 30, 2004 and per the Agreement and extension was approved by the Board of County Commissioners on October 12, 2004, Agenda Item No. 16F2. Per Section 4, Agency Fee of the Agreement: "All media and production costs up to seven hundred thousand dollars and 00 /000 cents ($700,000) annually will be billed to the County at net, so that the County receives any available agency discount. Media or production billing over seven hundred thousand dollars and 00 /000 cents ($700,000.00) annually will have prior written county approval and will be billed at 15% of the cost of the bartered time. The Contractor Fee will be billed on the first day of each month beginning November 2003, with a pro -rated amount back to the executed date of the contract." COUNTY ATTORNEY FINDING: A finding by the County Attorney is not required for this item. FISCAL IMPACT: The revised contract including this change order totals $1,020,000.00. The source of funds is Tourist tax dollars - Fund 184. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: For the Board of County Commissioners to approve Change Order for additional expenses above $700,000 for both media and production billed by Paradise Advertising at the gross amount to Contract 03 -3537 between Paradise Advertising & Marketing, Inc. and Collier County for Marketing and Advertising Collier County as a Tourism Destination ,,., in the amount of $200,000.00 for final payments for fiscal year 2005. Agenda Item No. 10D December 13, 2005 Page 2 of 6 PREPARED BY: Gail Hambright, Tourist Tax Coordinator Acenda Item No. 1DD be-ember 13.2005 Page 3 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. 10D This item to be heard at 10:00 a.m. Recommend Approval of Change Order for additional ^^•'^ Item Summary: expenses above $700,000 for both media and production billed by Paradise Advertising at the gross amount to Contract 03 -3537 between Paradise Advertising & Marketing, Inc. and Collier County for Marketing and Advertising Collier County as a Tourism Destination in the amount of $200,000.00 for final payments for fscai your 2005. (Jack Wert, Director, Tourism) Meeting Date: 1211x'2005 9:00:00 AM Approved By OMB Coordinator Administrative Assistant Data County Manager's Office off'... of Management & Budget 11'2912005 4:27 PM Approved By Lyn Wood Purchasing Agent Data Administrative Services Purchasing 11130/2005 2:13 PM Approved By Steve Carnell PurchasinglGeneral Svcs Director Date Administrative Services Purchasing 1211120057:51 AM Approved By Jack Wart Tourism Director Data County Managers Office Tourism 121112005 0:311 PM Approved By Mark Isackson Budget Analyst Data Couny Managers Office office of Management & Budget 121242005 9:27 AM Approved By Micheal Smyk —lid Management & Budget Director Date County Manager's Office Office of Management & Budget 12!212005 2:33 PM Approved By James V. Mudd County Ma -tior Date Board of County Cnunty Manager`s Office 12134200§ 9:25 AM -� Commissioners Agenda Item No. 10D December 13, 2605 Page 4 of 6 Date: 11/29/05 E- Mailed To Bonnie: Project Name: Tourism Development Council Marketing Services Project Number: BID/RFP #: 03 -3537 Mod #: I PO#: 4500054127 Work Order Number: Contractor /Consultant: Paradise Advertising & Marketing, Inc. Original Contract Amount: S 820,000.00 (Starting Point) Current BCC Approved Amount: $ 820,000.00 (Last Total Amount Approved by the BCC) Current Contract Amount: S 820,000.00 (Including All Changes Prior To This Modification) Change Amount: S 200,000.00 Revised Contract(Work Order Amount: $ 1,020,000.00 (Including This Change Order) Cumulative Dollar Value of Changes to this Contract/Work Order: S_200,000.00 Percentage Of The Change Over/Under Current Contract Amount: 24.39 % Overview of change: To provide for additional advertising due to negative perceptions by prospective visitors due to the 2004 hurricanes. Contract Specialist: / Date: Scanned Date: 44 C- Data Entry Information: Type of Change: Contract Project Manager: Jack Wert Department: Tourism Change Category Type, Circle One Below: 1. Planned or Elective 27nforeseen Con in 3. Quantity dustmen 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: G:/Current- Changes to Contracts Revised 7/1 1/05 Agenda Item No. 1OD December 13, 2005 Page 5 of 6 CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM PROJECT NAME: Taidanh Dsvelohsmant Council M dW= Services RFP r: Q= MOD M. I__._ PO ,Soo o 5''1/,;z DEPARTMENT: Tourism Current BM Approved Amount: Revbed CoatraeMwk order Amount: (tee pow) S 1120.000.00 ([mot Toot Amount App vad bythe 80 7 : 020.000.00 (mchrdia; AU ChWaft Prior TO M& Modifio W=) s zoom*" s i.a�000aoo (hwhuft Thk came ardor) Ctu stdd[ve DoWr Woe of Chaa=es to this Contl%WWork Order: S Dabs of Last BCC Approval--j=/04 /!panda hant N 16F2 ftcmrtaps 9f ow charge owdunder currant coat k - c amount--214—%, Formula: (Cunent Amount! Last BCC approved amount )-1 Results and Actions: If the change aorceeds 10% BCC approval is required; under 10% reported to BCC an Purchasing report, For specific information regarding work order threshoids, please refer to the Contract Administration Procedures, Section III.C.4. se J!MRY OF PROPOSED CHANGE 1911: kbn & the changes.. Par the Agnesrment. media or production being in excess of $700,000 annually must have prior written county approval and will be billed at 15% of the met of the barwed time. JUSTIFICATION FOR CHANGE (8): What value or bw Mt do Chase changes provide to the project? Additional advertising vets needed to suppiamert declining mesting and idsure business due to negative perosptions of our area due to the 2004 Hurica nes and to have a moro competitive poelkm In the tourism markatplaos. IMPLEMENTATION STEPS (Vbft each before prooaading with change using Y, N or NIA) Y Proposed change is oorhsistent with the scope of the mdsting agreement Y " Proposed charge is in fad an addition or deletion to the exleft scope _Y Change is being Implemented in a manner consislard with the a3dsft agreement Y The appropriate parties haw been consulted regarding the change Y Proposed prices. facts and costs set forth in the charge are reaare xv" PROJECT MANAGER RECOMMENDATION: Thiis /hero Is to be signed and lobed. APPROVE BY: ? !e Wit. ' her Date: " Tout re ��Zz REVIEWED BY: Date: T� Lyn . Contrad Specialist Railed 4%25/2005 Agenda Item No. 10D December 13; 2005 Page 6 of 6 CHANGE ORDER CHANGE ORDER NO. 1 CONTRACT NO. 033537 BCC Date: 10/12/04 Agenda Item: 15F2 TO: _ Paradise Advertising & Marketing. Inc. 150 Second Avenue North # 880 __St. Petersburg, Florida 33701 DATE: _ November 10, 2005 PROJECT NAME: Tourism Development Council Marketing Services Under our AGREEMENT dated October 28.2003. You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: FOR THE Additive Sum of Two hundred thousand dollars ($ 200.000.00). Original Agreement Amount $ 820.000.00 Sum of Previous Changes $ 0 This Change Order (Add) (Deduct) $ 200.000.00 Present Agreement Amount $ 820.000.00 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: R -.1a —vs , 2005 CONTRACTOR: Paradise Advertising & Marketing, Inc. By: 0-14,1-2::L=&� Cedar amen, resident Revised 4/25/2005 OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Jack Wert, T rism Dkectdr Agenda Item No. 10E December 13, 2005 Page 1 of 7 EXECUTIVE SUMMARY Recommendation to adopt a resolution authorizing the acquisition by gift or purchase of fee simple interests and /or those perpetual or temporary easement interests necessary for the construction of roadway, drainage and utility improvements required for the expansion of Collier Boulevard (CR 951) from US 41 to Main Golden Gate Canal. (Capital Improvement Element No. 86, Project No. 60001). Estimated fiscal impact: $5,437,500.00. OBJECTIVE: To adopt a resolution authorizing the acquisition by gift or purchase of fee simple interests and /or perpetual or temporary easement interests necessary for the construction of the Collier Boulevard widening project from a 4 -lane divided roadway to a 6 -lane divided urban arterial roadway from US 41 to Main Golden Gate Canal (Project No. 60001). CONSIDERATIONS: Collier Boulevard will be widened from an existing four lane rural roadway to a six lane urban arterial roadway between US 41 to Main Golden Gate Canal. CI-12M Hill, Inc. was awarded the design contract by the Board of County Commissioners. The design plans have now reached the 60% stage, a milestone level of completion at which point it can be determined the extent of the right -of -way and other interests in real property that will be required to construct the project. Right -of -Way Maps and legal descriptions of the right -of -way and easement parcels along the project corridor are currently being prepared. Adoption of the attached Resolution will provide the Board's authorization and directive to staff to secure title work, obtain independent real estate appraisals, make written purchase offers for the real property interests required to construct the project, and to negotiate and close on the purchase of the aforementioned right -of -way and easement parcels. It is staff recommendation that the Board approve the acquisition of the additional right -of -way within the project limits as indicated on the Collier Boulevard Corridor Map, which is attached to the Gift and Purchase Resolution. FISCAL IMPACT: In the event that condemnation can be avoided, and all of the proposed right - of -way can be purchased through negotiated settlements, at or near market value for the property required, the total right -of -way cost is estimated to be $5,437,500.00. This estimate includes all land and improvements, severance damage claims, appraisal fees, title policies, and all expenses associated with purchasing the necessary right -of -way. All such payments will come from the Transportation Supported Gas Tax fund and the Road Impact Fee funds. Source of funds are gas tax and road impact fees. GROWTH MANAGEMENT IMPACT: As part of the County's Capital Improvement Element, the six -lane improvements to Collier Boulevard (Project No. 60001) are an integral part of Collier County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners of Collier County: 1. Adopt the attached Resolution; ''" 2. Authorize its Chairman to execute same on behalf of the Board; and Agenda item No. 10E December 13, 2005 Page 2 of 7 3. Authorize any budget amendments that may be necessary to implement the collective will of the Board as evidenced by the adoption of the attached Resolution and the approval of this Executive Summary. Prepared by: Lorraine Lantz, ROW Coordinator, TECM Attachment: Gift and Purchase Resolution Agenda Item No. 10E December 13, 2005 Page 3 of 7 RESOLUTION NO. 2005- A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFT OR PURCHASE OF FEE SIMPLE INTERESTS IN THE PROPOSED RIGHT -OF -WAY, AS WELL AS PERPETUAL, NON- EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENTS, AND TEMPORARY DRIVEWAY RESTORATION EASEMENTS, AND TEMPORARY CONSTRUCTION EASEMENTS, WHICH WILL BE REQUIRED FOR THE CONSTRUCTION OF ROADWAY, DRAINAGE AND UTILITY IMPROVEMENTS TO COLLIER BOULEVARD FROM U.S. 41 TO MAIN GOLDEN GATE CANAL. (CAPITAL IMPROVEMENT ELEMENT NO. 86, PROJECT NO. 60001). WHEREAS, the Board of County Commissioners (Board), on June 7, 2005, adopted Ordinance No. 2005 -2_5 therein establishing the Capital Improvement Element of the Growth Management Plan in order to establish priorities for the design, acquisition and construction of the various capital improvement projects; and WHEREAS, the Transportation Element of the County's Comprehensive Plan was adopted in Ordinance No. 2005 -25; and WHEREAS, the four -lane section of Collier Boulevard from US 41 to Main Golden Gate Canal (Project No. 6000 1) is one of the capital improvement projects required under the Transportation Element of the County's Comprehensive Plan; and WHEREAS, the construction of the transportation improvements and related facilities currently being designed by CH2M HILL, Inc., along the project corridor, as depicted on Exhibit "A," are necessary in order to protect the health, safety and welfare of the citizens of Collier County, and will assist Collier County in meeting certain concurrency requirements of the Growth Management Plan for Collier County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board has determined that the expansion of Collier Boulevard from four lanes to six lanes between US 41 and Main Golden Gate Canal (hereinafter referred to as "the Project ") is necessary and is in the best interest of Collier County. 2. The construction and maintenance of the transportation improvements and related facilities are compatible with the long range planning goals and objectives of the Growth Management Plan for Collier County. Agenda Item No. 10E December 13, 2005 Page 4 of 7 3. It is necessary and in the best interest of Collier County for the Board to acquire a fee simple interest in the proposed rigbt -of -way, as well as perpetual, non - exclusive road right -of -way, drainage and utility easements, and temporary construction easements, and temporary driveway restoration easements within the project corridor identified on Exhibit "A;" and County Staff is hereby authorized and directed to acquire said right -of -way and associated easement interests by gift or purchase. 4. The Board hereby directs staff to use independent appraisal reports or internal compensation estimates as staff determines is necessary to best serve the needs of the Project in a timely and cost - effective manner. 5. The Board, in accordance with the provisions of Section 125.355, Florida Statutes, hereby formally waives the requirement for a formal, independent appraisal report for the purchase of a property where the purchase price of the parcel (the compensation due to the property owner) is less than One Hundred Thousand and 001100 Dollars ($100,000.00). In lieu of the independent appraisal report, staff is hereby authorized to make purchase offers for the properties, the dollar amounts of which shall be predicated on "staff compensation estimates" based upon independent appraisals (and the data therefrom) obtained on similar properties and upon consideration and application of appropriate market value and cost data pertinent to the subject parcels. 6. Upon the approval by the County Attorney's Office of all documents necessary for the subject property acquisition, Transportation Division staff is hereby directed to offer immediate delivery to the respective property owners of compensation (as established by the appraisal or staff compensation estimates in accordance with the provisions of Section 125.355, Florida Statutes), in return for the immediate and proper execution of the respective easements, or other legal documents and/or affidavits as the County Attorney's Office deems appropriate in order to protect the interests of the County; and the Board hereby authorizes its present Chairman and any subsequent Chairman, for the life of the Project, to execute any instruments which have been approved by the Office of the County Attorney, to remove the lien of any encumbrance and for any such other purpose as may be required. 7. In those instances where negotiated settlements may be obtained via the "Purchase Agreement" or "Easement Agreement" mechanism, the Administrator of the Transportation Division, or any Project Manager of his designation, is hereby delegated the authority to approve the purchase of land interests above the staff compensation estimate or appraised value and pay normally related costs when it is in the best interest of the Project, within the pro -rata share of the land rights acquisition budget for the parcel being acquired, only when the difference between the purchase price and compensation estimate -Page 2- Agenda Item No. 10E December 13, 2005 Page 5 of 7 .� or appraised value is less than Twenty -Five Thousand and 00 /100 Dollars {$25,000.00} or the current purchasing limits established by the Collier County Purchasing Department; provided, Project funding is available. 8. That the settlement approval authority is delegated by the Board to the extent that such approvals do not conflict with the provisions of Section 125.355, Florida Statutes. 9. The Chairman of the Board is hereby authorized to execute Easement Agreements and Purchase Agreements where the land owner has agreed to sell the required land rights to the County at its appraised value or at that amount considered the "Administrative Settlement Amount" as such term is internally used by the administrative agencies of Collier County. 10. Where the property owner agrees, through the execution of a "Purchase Agreement" or "Easement Agreement," to convey a necessary interest in real property to the County, and upon the proper execution by the property owner of those easements or such other legal documents as the Office of the County Attorney may require, the Board hereby authorizes the Finance Department to issue warrants, payable to the property owner(s) of record, in those amounts as shall be specified on a closing statement and which shall be based upon the appraisal or staff compensation estimate in accordance with this Resolution and the provisions of Section 125.355, Florida Statutes. 11. All title to properties or interests in properties which have been obtained in the manner described above shall be deemed "accepted" by the Board of County Commissioners, as the governing body of Collier County, Florida, a political subdivision of the State of Florida, and as such, staff is hereby authorized to record in the Public Records of Collier County, Florida, deeds, easements or other instruments as may be required to remove the lien of any encumbrance from the acquired properties. THIS RESOLUTION ADOPTED on this day of . 2005, after motion, second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK By: Clerk Approved as to form and legal sufficiency: r Ellen T. Chadwell Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAMMAN -Page 3- Agenda Item No. 10E December 13, 2005 Page 6 of 7 EXHIBIT "A" COLLIER BOULEVARD RIGHT -OF -WAY ACQUISITION CORRIDOR MAP US -41 / TAMIAMI TRAIL TO GOLDEN GATE MAIN CANAL DAN f; Agenda Item Na. t0E December 13, 2005 Page 7 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. 10E Item Summary: Recommendation to adopt a resolution authorizing the acquisition by gift or purchase of fee simple Interests and/or those perpetual or temporary assement interests necessary for the construction of roadway. drainage and utility improvements required For the expansion of Collier Boulevard (CR 951) From US 41 to Main Golden Gate Canal. (Capital improvement Element No. 86, Project No, 60001). Estimated fiscal impact: 55.437.500.00. (Norman Feder, Administrator, Transportation Services) Meeting Date: 12113,!2005 9 00:00 AM Prepared By Lorraine Lantz Right Of Way Coordinator Dam Transportation Services TECM -ROW 11115!2005 9:04:21 AM Approved By Gary putaansuu Senior Project Manager Data Transportation Engineering and 1111 51 20 0 5 8:05 AM Transportation Services Construction Approved By Norm E. Feder, AICP Transportation Division Administrator Data Transportation Services Transportation Services Admin. 11118120051:28 PM Approved By Tad Plot Engineer Date Transportation Engineering and 11122!20053:08 AM Transportation Services Construction Approved By Najeh Ahmed Director Data Transportation Engineering 5 11125:200510:12 AM Transportation Services Construction Management Approved By Sharon Newman Accounting Supervisor Dula Transportation Services Transportation Services Admin 11/281200510:25 AM Approved By Lisa Taylor ManagementlS.dget Analyst Dam Traraportatlo l Services Transportation Administration 11'251200510:52 AM Approved By Kevin Hendricks Right OF Way Acquisition Manager Data Transportation Services TECM -FLOW 1112@!200511:20 AM Approved By Pat Letmhard Executive Secretary Data Transportation Services Transportation Services Admin 111281200511:50 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's am" Office of Management 6 Budget 11/2912005 8:50 AM Approved By Susan Usher Senior Maoaq rmmVBudget Analyst Deto County Manager's Office Office of Management 1L Budget 121112005 2:18 PM Approved By Michael Smykowski Management & Budget Director Data county Manager's Ofice OHice of Management S Budget 12=00511:07 AM Approved By James Y. Mudd County Manager Dam Board of County County Manager's Office 12!51200512:37 PM Commissioners Agenda Item No. 10F December 13, 2005 Page 1 of 9 EXECUTIVE SUMMARY Recommendation to have the Board of County Commissioners establish a Freedom Memorial Park at the Main Government Complex in order to recognize and honor America's freedoms along with historical and cultural events. OBJECTIVE: To have the Board of County Commissioners establish a Freedom Memorial Park at the Main Government Complex in order to recognize and honor historical and cultural events. CONSIDERATIONS: At its September 2005 meeting, the Board instructed the County Manager to establish criteria for a "Freedom Memorial Park" that would honor America's freedoms along with historical and cultural events. The attached draft document lays out a description of the program, general policies, types of exhibits, procedures and guidelines and an application. Staff did not find examples of like or similar projects but did locate state and federal programs that provided some information for the acceptance of exhibits, artwork or other types of memorials. It should be pointed out that space on the Main Government Complex is very limited and will affect the size of exhibits proposed for this site. For this reason, staff is recommending that the entire site be recognized as a Freedom Memorial Park. The Board may extend this program to other County owned sites as needed. Staff will establish appropriate signage, consistent with current and proposed placards, verbiage and materials after Board approval. FISCAL IMPACT: The cost for this program is limited to signage and staff time. Signage will be paid for in current operating capital budgets. GROWTH MANAGEMENT PLAN: There is no impact to the Growth Management Plan RECOMMENDATION: That the Board of County Commissioners establish a Freedom Memorial Park at the Main Government Complex along with the proposed procedures, guidelines and application and authorize the Department of Facilities Management and the County Manager's Office to continue to develop this program making the necessary adjustments as needed. PREPARED BY: Skip Camp, CFM, Director of Facilities Management Agenda Item No. 1 OF December 13. 2005 Page 2 of 9 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 14F Item Summary: Recommendation to have the Board of County Commissioners establish a Freedom Memorial Park at the Main Government Complex in order to recognize and honor America's freedoms along with historical and cultural events. (Lan Price. Administrator, Administrative Services) Meeting Date: 12113!2005 9:00:00 AM Approved By Skip Camp, C.F.M. FaciliUea Menegamant Director Daa Administrative Services Facilities Management 11122!20051:39 PM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 1112012005 2:59 PM Approved By OMB Coordinator Administrative Assistant Date County ManagaPs Office Office of Management 6 Budget 1112W2005 9:00 AM Approved By Michael Smykowski Management 2, Budget Director Date County Managar's Office Offiro of Management & Budget 1112912005 2.63 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 121112005 1 2:02 PM Agenda Item No, 10F December 13, 2005 Page 3 of 9 The Board of County Commissioners Application for Freedom Park Exhibit Application is available in either hardcopy or in electronic form. Please complete each field (typed). Incomplete forms will be returned to the applicant. Guidelines and procedures are available on line at www.colliergov.net The form is located under the Facilities Management Department, "Freedom Park." The completed form should be either emailed to SkipCamp(a,collier ov.net or delivered to: The Department of Facilities Management, Building W, 3301 Tamiami Trail East, Naples, Florida 34112. Name of Applicant: Name of Organization: Address: City State Zip Daytime phone ( ) Evening phone( ) Cell ( ) Legal Description of Organization Description of Exhibit Historical Background Describe Funding Scheme Site Requirements Agenda Item No. 1 O December 13, 2005 Page 4 of 9 Freedom Park Exhibit Application Page Two Utilities Required and those needing to be relocated Timeframes for design, permitting and construction Description of Materials Name of Design Firm Name of Construction Firm Other relative issues I certify that I have read and understand the County's policies that apply to the Freedom Memorial Park and that the infonnation provided is true and accurate. Name of Applicant Date of Application Average time to process application to the Board of County Commissioners is approximately eight (8) weeks from the time of submission. Collier County, Board of County Commissioners Establishment of Freedom Memorial Park And it's Associated Policies at the Main Government Comp Tamiami Trail and Airport- Pullin Naples, Florida 2 Description of Program It is the goal of the Board of County C visitors with a wide variety of tGe Complex including the observat experiences in a safe and interestin the Board has proclaimed the Main Park and invite^thesh�ent oexhibits should nhance experiences. Auth Main review and record and can the Department website at www Agenda Item No. 10F December 13, 2005 Page 5 of 9 to -provide its citizens and ing the Main Government hi torical and cultural r o advance this theme, as a Freedom Memorial iibits." All Freedom Park opportunity to have these e Board of County Commissioners articular, the County Manager (the Administrative of Facilities Management) to provide .-sta shment of a Freedom Park to be located at the . T is material will be /was presented to the Board for ;ember 13, 2005. The authority is documented in the by securing a copy of the Board's action by notifying ;s Management or online by visiting the County's ergov.net. Introduction The Board's desire is to establish a "Freedom Memorial Park" that celebrates the freedoms appreciated by our citizens through -out this Nation and, in particular, Collier County. This policy designates the Main Government Complex as "Freedom Park" and establishes rules for the inclusion of "exhibits" that exemplify these freedoms. Agenda Item No. 1 O December 13, 2005 Page 6 of 9 General Policy It is the policy of the Board to provide the citizens and visitors of Collier County with a positive experience when visiting the Main Government Complex also known as "Freedom Park ". As part of this experience, the Board invites organizations to provide permanent "exhibits" that depict the freedoms we all enjoy every day. This policy will be executed through the procedures established below. The Policy and accompanying procedijLes will be reviewed every five years by the Department of Facilities Ma nt with changes presented to the Board of County Commissioners for th ' omments and approval. Insignificant changes to the procedures are authorize y e the responsibility of the Department of Facilities Management and t e unty ager's Office. Exhibits should be selected on the base f their significanc d integrity, heritage, recognition, accessibility to vi ' acilit operations, ntenance and security. Unless otherwise directed, the e he exhibit eluding but not limited to programming, design, permi construction and utilities relocation will be the sole response ' of the appli Type of Exhibits The Board recognize a are an er of ty of exhibits including but not limited to: struc deco e fountai memorial flagstaffs, historic markers, commemorative a trees bbery an er types of plantings. N 1 'nterested in vidinxhibit must apply to the Board by completing an apple n (availab t th epartment of Facilities Management's Office). The applic ust prov at a minimum: name of the organization or individual submitting th licati , contact person, day and night phone numbers, mailing address, legal on of the organization, scope of the proposed project including theme, or background, funding, site requirements including size, utilities (water, sewer, electric, lighting, security, etc.), time frames for design, permitting and construction, description of materials, name of design and construction firms, if known, and the compatibility of the exhibit with the community and the Government Complex. Additionally, the applicant must include a funding scheme and schedule for perpetual care and maintenance. Revision Date: 11/29/2005 2 Agenda Item No. 1 O December 13, 2005 Page 7 of 9 2 The County does not permit the installation of monuments to living persons and usually a minimum of five to ten years between an event and its commemoration is recommended to allow for sufficient historical perspective. 3 In no instance, either past or present, will permanent exhibits depict subjects that are trademarked or commercially licensed. 4 The acceptance of an exhibit is at the total discretion Board. It is the Board's responsibility to determine if an exhibit (subje after) is appropriate for inclusion within County property. 5 Though conditioned by a range of subjecti historical significance are the primary deterrQ Each exhibit will compliment surrounding 7 No exhibit shall interfere with functions. 8 Each exhibit is subject to site exhibits to other nroneAdNhkc it 9 Exhibit applicAR for constructability, 10 Each medium (sto workmanship is merit and an exhibit. or future) of government serves the right to assign Facilities Management Department offenance and security issues. The Risk proposed exhibit as it relates to safety Department with its comments and ust show evidence of the artist's mastery of the ale, steel, bronze, etc.). Works of inferior 11 The establishnnt of a maintenance endowment or other means of supporting a perpetual care program for the applicant's exhibit is highly encouraged and should be incorporated into the applicant's proposal. Minor, routine maintenance of each exhibit will be performed by the County or its contractors. The County shall have no other duty with regard to any exhibit except not to purposely injure, damage or destroy the exhibit. Revision Date: 11/29/2005 Agenda Item No. 1 O December 13, 2005 Page 8 of 9 12 Capital repair of the exhibit(s) is /are the responsibility of the applicable donor organization. Actual repairs may be done by the County and /or its contractors with expenses being charged to the donor organization before such repairs are to commence. 13 Under no circumstance should donors begin to rai monument prior to receiving all the necessary approv there is no guarantee of eventual approval from the B 14 Whenever possible, the exhibits should be o sites to the adjunct structures. 15 Living monuments such as trees, shrubblNr landsca encouraged. 16 Only exhibits of the highest Global) significance will be consider 17 Design teams sho sider the their exhibits, incl g a aping is with existing m used ughou 18 The relative s s 19 20 Proposal available for and cul or fabricate a Board because ) which relate are State/ National/ 0cal materials as they design to the area and always in concert )lex. Pristics of each site within the Complex ss for an exhibit will be documented. consider utility conservation. Ciate that there are a limited number of "spaces" Main Government Complex. 21 Facilities Manq ment will verify whether a site is appropriate for a type of exhibit and provide that information in writing to the County Manager's Office. Revision Date: 11/29/2005 4 Agenda Item No. 1 O December 13, 2005 Page 9 of 9 Application Procedure 1 Applicant completes application and delivers to the Department of Facilities Management. 2 Facilities Management reviews application and site selection proposed by the applicant. 3 Facilities Management provides Risk Manageme ith a copy of the submitted application. 4 Risk Management provides its writt ei���ndation�d comments to Facilities Management 5 T 7 Facilities Management provides its Manager County Manager advances Summary with recommendati 1 disapprove. Board revie annlic and eithi 8 If approved, sta Apol tion Please see ed apph ion form. References: ion to via an Executive with conditions or approves or disapproves application. with Facilities Management at all bit. Idaho Pfepartment of Parks and Recreation, "State Park Classification and Resource Area Designation System" National Capital Planning Commission, "Memorials and Museums Master Plan' Parks and the Art Commission of the City of New York, "Guidelines for Donating Works of Art To The City of New York Parks and Recreation September 1999" File: FM/G /Const/Freedom Park/ "Freedom Park Guidelines" Revision Date: 11/29/2005 5 Agenda Item No. 16A1 December 13, 2005 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve final acceptance of water and sewer utility facilities for Eckerd's (Donovan Center PUD) 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 Eckerd's (Donovan Center PUD) 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 June 11, 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 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 Performance Bond No. SV5005852 in the amount of $34,597.52, 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 Eckerd's (Donovan Center PUD), and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: Tonia Leavitt, Engineering Services Department Agenda Item No. 16A1 December 13. 2005 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16A1 Recommendation to approve final acceptance of water and sewer utility facilities for Eckerds Item Summary: (Donovan Center PUD). Meeting Date: 1211312005 8:00:00 AM Approved By Thomas E. Kuck. P.E. CDES Engineering Services Director Data Community Develapmont d CDES Engineering services 111212005 0:45 AM Environmental Services Approved By Stephen L Nagy Wastewater Collections Manager Data Public Utilities wastewater 1117/2005 2:47 PM Approved By Parnala Libby Water Oporstions Manager Data 1i116t200510:20 AM Public Utilities Water Approved By Paul Mattausch Water Director Date Public UtliiNos Water 111161200511:55 AM Approved By Constance A. Johnson Operations Analyst Data Community Davelopmenti Community Development & 11122400611:22 AM Environmental Services Environmental Services Admin. Approved By G. George Yltmar Interim WestoWater Director Dam Public Utilities Wastewater 11t2272005 2:49 PM Approved By Sandra Lea Executive Secretary Date Community Development S Community Development i 11122!2005 5:22 PM Environmental Services Environmontal Services Admin. ..�.»... Approved By Community Development d Data Joseph K. Schmitt Environmental Services Adminstrotor Community Development i Community Development 6 1112212006 5:01 PM Environmental Services Environmental Services Admin. Approved By OMB Coordinator Administrative Assistant Data County Managers Office Office of Management 6 Budget 1112012005 6:58 AM Approved By Mark Isackson Budget Analyst Data County Managers Office Office of Management d Budget 1112612005 5:16 AM Approved By Roy S. Anderson. P.E. Public Utilities Engineering Director Date Public Utilities Public Utilities Engineering 11126400510:05 AM Approved By Lou E. Ochs, Jr. Deputy County Manager Data Board of County County Managers Once 111701200510:40 AM Commissioners r to M !¢fl CQ� � Z° � N E�� G Co 0 W Q7 Q nVM Di 3DN / 7 1 I � O I Z z ~ Q w �om Q CA U V Z V J Q V � I Q J j< a C o m aig c a 0 'OALIE ONVb1S crv w w 9 g \ I a Y U I W Y � J !n z O J U � Z U a z N nVM Di 3DN / 7 a- W IL cQ L _0 1- V 0 W F- J Q LL 0! IL IL Ix L' L Ll Z Q O Z O D (n D W U W �om Y � I awA3moe Nrool m aig J z 9 g I NDIDNLLNIN SC3Ltl16tl31N1 U boll AeuNnDD L 3lpJ spoon 553tldAD W � J � £ � � n SC-31tl16N31M n � n i � zf I � H¢ebmAtl D I¢arn Ina uvINO6Ta+ROAD o xY �� W Oi I� F �N 3zo OtlON NO15DNIAlI N u Sv 6 o ' oVOtl'JNITlId-1tlOdtlW 4\ 1 �NK I z 8tl � u (Bq) R 1]tltll � W V 3f tiJ ` � � � RANN NDU ARD IL.R. 8511 / Dnd 0>'ob 3I331o00D 3bDV Opn _ a- W IL cQ L _0 1- V 0 W F- J Q LL 0! IL IL Ix L' L Ll Z Q O Z O D (n D W U W Agenda Item No. 16A2 December 13, 2005 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve final acceptance of water and sewer utility facilities for Olde Cypress, Unit Three 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 Olde Cypress, Unit Three, 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 June 21, 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 Olde Cypress, Unit Three, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: Tonia Leavitt, Engineering Services Department Agenda Item No. 16A2 December 13. 2005 Page 2 of 3 COLLIER COUNTY BOARD Of COUNTY COMMISSIONERS Item Number. 16A2 Recommendation to approve final acceptance of water and sewer utility facilities for Olds Item Summary: Cypress, Unit Three. Meeting Date: 1211312005 9.00:00 AM Approved By Thomas E. Kuck, P.E. CDES Engineering Sarvicas Director Data Community Davaioprnartl & CDES Engineering Services /1,1J200511:1? AM Environmental Services Approved By Stephen L Nagy Wastewater Collections Manager Data Public Utilities Wastewater 11m2005 3:48 PM Approved By Pamela Libby Water Operations Manager Dals Public Utilities Water 11115/2005 10:21 AM Approved By Paul Mattausch Water Director Data Public Utilities Wet or 1111S12DOS 11:56 AM Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & 11122!200611:27 AM Environmental Services Environmental Services Admin. Approved By G. George Yilmar Interim WasteWater Director Daft Public Utilities Wastewater 11/2212005 3:07 PM Approved By Roy B. Anderson, P.E. Public Utilities Engineering Director Data Public Udlides Public Utilities Engineering 11122(20054:00 PM Approved By Sondra Lea Executive Secretary Data Community Development & Community Development & 1112212005 5:24 PM Environmental Services Environmental Services Admin. Approved By Cormmmity DevaloPment & Date Joseph K. Schmitt Environmental Services Adminshmor Community Dovelopment & Community Development & 1112X'2005 8:01 PM Environmental Services Environmental Services Admin. Approved By OMB Coordinator Administrative Assistant Data County Manager's Office Office of Management & Budget 11128/2005 0:13 AM Approved By Mark lsackson Budget Analyst Date County Managers Office Office of Management & Budget 1172812005 8:11 AM Approved By Leo E. Ochs, Jr. Deputy County Manager Data Board of County County Managers Office 1113012005 10:43 AM Commissioners kE2 %q ° n ƒ2\ E/cc �k \� 4 :a Z q ( o p I I` ( ' ( ■ _ , I� ) VK� y S= :a Z � Q � W � � CL Q � Z O Q U O J §� 0 /\ 1 g !, ,, �`/ « — � Q � W � � CL Q � Z O Q U O J §� 0 Agenda Item No. 16A3 December 13, 2005 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve final acceptance of water utility facilities for Summer Lakes aka Sawgrass Pines 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 Summer Lakes aka Sawgrass Pines 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 June 15, 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. 16.077.44 in the amount of $3,291.54, 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 Summer Lakes aka Sawgrass Pines, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: Tonia Leavitt, Engineering Services Department Agenda Item No. 16A3 December 13.2005 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. 16A3 Recommendation to approve final acceptance of water utility fac40les for Summer Lakes eke Item Summary: Sawgrass Pines. Meeting Date: 1211312005 9.00:00 AM Approved By Thomas E. Kuck, P.E. ODES Engineering Services Director Data Community Development b GOES Engineering Services 111272005 2:23 PM Environmental Services Approved By Pamala Libby Water Operations Manager Daft Public Utill iss Wow Ill 187200510:21 AM Approved By Paul Mattausch Water Director Date Public Utilities Water 111141200511:56 AM Approved By Constance A. Johnson Operations Analyst Data Community Development b Community Development & 11122/2008 11:24 AM Environmental Services Environmental Services Admin, Approved By Roy B. Anderson, P.E. Public Utilities Engineering Director Data Public Utilities Public Utilities Engineering 1112L2008 4:06 PM Approved By Sandra Lea Executive Secretary Daft Communtty Development b Community Development b 1112212004 8:25 PM Environmental Services Envimnoontal Services Admin. Approved By Community Development b Date Joseph K Schmitt Environmental Services Adminstrator Community Development 6 Community Development # 11!2212005 8:02 PM Environmental Services Environmental Services Admin. Approved By OMB Coordinator Administrative Assistant Date County Managers Office Office of Management b Budget 11128/2006 8:13 AM Approved By Mark lsackson Budget Analyst Data County Managers office Office of Management & Budget ilt20f200811:40 AM Approved By Leo E. Ochs, Jr. Deputy County Manager Data Board of County Carrtmissionars County Manager's Oi4ce 11130!200510:44 AM C7LO Cl) CEO N O zcyi r �S co ESQ ,3)Eh✓ Qi M sL �risauN� Z W 0 F- Q o C° p � J w Q m � I U -i o wa o o� a� I � a U S T a w TQ Z 0 a 0 J h-IW Y L W E E 7 N ­3 sel 4 Rr §W� m 08VA3IOS NV`JOl I Z 3 02 ~ m m W W of � C a- � � SL-31YSSti31N1 NOI�NLLNfIH � .lJ LL' tWl aNl R n X- a < J (ulll) lrvMGSTON ROIL i LLLIII -r W,sv.m °� ' e� �VOtl pNIIIM'1tlOdtlIV 1 �p R = e gig ge i° a w TQ Z 0 a 0 J h-IW Y L W E E 7 N Agenda Item No. 16A4 December 13, 2005 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve final acceptance of sewer utility facilities for Sterling Oaks Recreation Center 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 Sterling Oaks Recreation Center, 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 October 19, 1994. 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 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 $582.00, 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 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. LEGAL CONSIDERATIONS: Legal documents were reviewed and approved by Assistant County Attorney, Thomas Palmer. RECOMMENDATION: That the Board of County Commissioners, Ex- Officio the Governing Board of the Collier County Water -Sewer District, accept the sewer facilities for Sterling Oaks Recreation Center, and release the UPS to the Project Engineer or the .— Developer's designated agent. PREPARED BY: Tonia Leavitt, Engineering Services Department Agenda Item No. 16A4 December 13. 2005 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. 1544 ...,, Recommendation to approve final acceptance of sewer utility facilities for Sterling Oaks Item Summary: Recreation Center. Meeting Date: 1271572005 9:00:00 AM Approved By Thomas E. Kuck, P.E. ODES Engineering Services Director Date Community Development S ODES Engineering Services 117212005 2:24 PM EnvimnmeMal Sarvkes Approved By Stephen L Nagy Wastewater Collections Manager Dsie Public Utilities Wastewater 11872006 3:48 PM Approved By Constance A. Johnson Operations Analyst Dade Community Development & Community Dovelopment & 111227200511:20 AM Environmental Services Environmental Services Admin. Approved By G, George Yiimar Interim Wastewater director Date Public Utilities Wastewater 117222045 3:10 PM Approved By Roy S. Anderson, P.E. Public Utilities Engineering Director Oats Public Utilities Public Utilities Engineering 11fZZ12005 4:10 PM Approved By Sends lea Executive Secrsury Data Community Development & Community Development & 11222005 S:ZT PM Envh*nmanul Ssrvicos Environmental Services Admin, Approved By Community Development & Date Joseph K Schmitt Environmental Services Adminstrator Community Development & Community Development & 11!2272405 CO3 PM .... Environmental Services Environmental Services Admin, Approved By OMB Coordinator Administrative Assistant Data county Manager's Office Office of Management & Budget 112812006 8:14 AM Approved By Mark isackson Budget Analyst Date Coumy Manager's Office ice of Management & Budget 1172872005 4:50 AM Approved By Jams$ Y. Mudd County Manager Date Board of County County Manager's Office 1173072005 8:56 AM Commissioners C,p � ('M ID E R9 U a tEJ Qy d O O� S STERLING OAKS ORNE / Lo Z N O f w - t< O cn U I� I J O a 0 z z 7 J Z Of W bO In LLJ J Z I a s I (lb 31n0N 5 ON IIVdi IWVIWVI I -1 II m ' m Z U G Z 1 Z o 1 O = U 31rx . ♦DN / j\ OYOtl NO3SDNIAn (R10) g - a Nsurry No3n3a rlAn i� } ~ Z j � w 1�06'tl'DI joy 3AI 111Btl3DNtlA 7T7/ ��r�� J E� I= a aL£ o 9 N w J ovou DUmnainodtlw J I mY< GULF OF MEXICO m w ! $ o p « « m !W< 4 4b $ o p U Z W N '•y�(n 1 1 U i ib W W z zs p p W N F y y O OL F PD IG P. X11 O OvDb �13100D� a 5 56 iI W WG & & I I�r s'nl Tirtlll I Iwrl s a a 2 s �Em w w t to w w - } ~ < � w 1�06'tl'DI 3AI 111Btl3DNtlA 7T7/ ��r�� J E� < 9 N w J Ip � mY< GULF OF MEXICO Q O Q J Agenda Item No. 16A5 December 13, 2005 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve final acceptance of water and sewer utility facilities for Sterling Oaks, Phase 213 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 Sterling Oaks, Phase 2B, 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 September 19, 1995. 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 Sterling Oaks, Phase 2B, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: Tonia Leavitt, Engineering Services Department Agenda Item No. 16A5 December 13. 2005 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16A5 RecOmmandation to approve final acceptance of water and aevrer utility facilities for Sterling Item Summary: Oaks. Phase 213. Meeting Date: 1211312005 9.00:00 AM Approved By Thomas E. Kuck, P.E. CDES Engineering Services Director Date Community Development & CDES Engineoring Services 9 9!2!2005 2:25 PM Environmental Services Approved By Stephen L. Nagy Wastewater CoOecfians Manager Data Public Utilities Wastewater 1117/2005 3A9 PM Approved By Female Libby Water Operations Manager Date Public Utilities Water 1171512006 10:22 AM Approved By Pau €Mahausch Water Director Date Public Utllffies Water 1111512005 11:57 AM Approved By Constance A. Johnson Operations Analyst Data Community Development & Community Development & 1112Z/2006 11:30 AM Environmental Services Environmental Services Admin. Approved By G. George Yiimaz interim Wastewater Director bete public Utilities Wastawatet 11122'2006 3:11 PM Approved By Roy B. Anderson, P.E. Public Utilities Engineering Director Date Public Utilities Public Utilities Engineering 11122120054:11 PM Approved By Sondra Lea Executive Secretary Date Community Development & Community Development & 11122!2006 6:28 PM Environmental Services Environmental Services, Admin. Approved By Community Development & Date Joseph Schmitt Environmental Services Adminstretor Community Developnerd & Community Development & 11122'2005 8:04 PM Environmental Services Environmental Services Admin. Approved By OMB Coordinator Administrative Assistant Date County Manager's Office (Mice of Management & Budget 11/2812005 0:16 AM Approved By Mark isacksa i Budget Analyst Date County Manager's Office Off- of Management & Budget 1112812005 9:10 AM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County County Manager's Office 1113012005 90:47 AM Commissioners Lo L0 M co o a (D Z 0) Ea Q).o E to 0 0 c (D rl cm Q * � I <BB Y O �J Z OP S� OP Z W 0 r U �S N O O � H El iv' \ siERLING - w m 1 6p OY� 6Sb �+ Oyb OPTS J Q O 1 � 11 SERENITY GRCLE s � � I I o Y I Q i Q � I 'J z I Iti Y I {i\ w � 3 311'..5 01 l.N � j � a ,�� as 01'Otl NO1S'JNAII (w0) NY]Nd I� F NSNYW E 11. -so ,,wl "I iN.RAHATMIL 6o Is ' a W i5 , ¢� �a I 3¢ °�'�^ OYOtl DNI„nd-ulOdtlly m (U.s ell F W ry E 11. -so ,,wl "I iN.RAHATMIL Is i5 ag Y" " 5 tu Zia YS w� Ir ~ �p / i o¢ w (tO6 tl'01 < S 3AItl 1lIBtl3LN1n ' � �y. Hd �a '� d5�m w^ F m � I I � x � J _ � � �1 � ° � ULEN {� FRANN BO IL P. 8511 OYOtl 31131PobJ 3b0Y GULF u OOC o m (U.s ell F W ry E 11. -so ,,wl "I iN.RAHATMIL ~ �p / i o¢ w (tO6 tl'01 < S 3AItl 1lIBtl3LN1n ' � �y. Hd �a d5�m w^ J u GULF OF MEXICO TQ Uj v / 0 F— V 0' W h Q S CL L O L7 J W H N Agenda Item No. 16A6 December 13, 2005 Page 1 of 3 - EXECUTIVE SUMMARY Recommendation to approve final acceptance of water utility facilities for Sterling Oaks Recreation Center 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 Sterling Oaks Recreation Center 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 February 26, 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 Cash Bond in the amount of $650.00, 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 Sterling Oaks Recreation Center, and release the UPS to the Project Engineer or the Developer's designated agent. I-- PREPARED BY: Tonia Leavitt, Engineering Services Department Agenda Item No. 16A6 December 13. 2005 Page 2 of 3 COLLIER COUNTY BOARD Of COUNTY COMMISSIONERS Item Number. 13AS �...M Recommendation to approve final acceptance of water utility facilities for Sterling Oaka Item Summary: Recreation Center. Meeting Date: 12!1312005 9:00:00 AM Approved By Thomas E. Kuck, P.E. CDES Engineering Services Director Daft Community Davalopmont 6 CDES Engineering Services 1111412005 2:f 9 PM Environmental Serviuts Approved By Pamela ubby water Operations Manager Data Public Ublfties water 11/15120051D:22 AM Approved By Pout Mottausch Water Director Date Public Utilities Water f1i1St200511:56 AM Approved By Constance A, Johnson Operations Analyst Date Community Developme t S Community Development E 11122120/15 11:31 AM Environmental Services Environmental Services Admin. Approved By Roy B. Anderson, P.E. Public Utilities Engineering Director Date Public Ut01Ges Public Utilities Engineering 11122120054:12 PM Approved By Sandra tea Executive Secretary Date Community DevNopment a Community Development d IIIZV2006 5:29 PM Environmental Services Environmental Services Admin, Approved By Community Development 5 Data Joseph K Schmitt Environmental Services Adminstrator Community Devatopmaft S Community Developmrent i 11x2212005 6:04 PM EnviromnentalServices Environmental Services Admin, Approved By OMB Coordinator Administrative Assistant Date County Managers Office Office of Management 3 Budget 1112612005 5:16 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 1112612005 9:43 AM Approved By Leo E. Ochs, Jr, Deputy County Manager Date Board of County Commissioners County Manager's Office 111301200510:40 AM co its m CcCD o M Z- 0) E a) n Qom) M '00 :IJ C, rvx of ,.on / 7 woe nwsDwnn s �o �d o a� .5' a3 r o Q � s STERLING OAKS DRIVE / Z O � �o N � w awtlnoisDwu� C rA O + O H i L'i z I I I Y ~ oa I11 II II c \ LD z 9 CD CD (Y ms W � ELI u (n J � 2 I ) a 1 N I(Lb 3100a *S n) ON TV81 IINVIWVi 1 m 0 m O U m m m a G � w � o c a � rvx of ,.on / 7 Q W cn cQ G 0 v� 0 z Z E N W LLY F- J' LL w F- e L W z Z W U U Lu N 1C a O Z J K W F- N woe nwsDwnn ttlal Nsavn Nvsz3a 3 .5' a3 '� � �o R� � awtlnoisDwu� to H ' ms _ 3¢� wW DNITMIllQdtllY w (esn% <`�-' D_ OJ S Fnnulc eDU�v Ic a. es,1 woa 3in0000�o II z Y`-O �¢ rcr YWx rvV FE V = WH � :` tis-sN ravel urinvFFrvi TnM1I�W TPNL IU.S.d11 .ft „a Is Z< o Y W (t06'tl� 3Ntl 1Ilsu - V� GULF OF MEXICO Q W cn cQ G 0 v� 0 z Z E N W LLY F- J' LL w F- e L W z Z W U U Lu N 1C a O Z J K W F- N Agenda Item No. 16A7 December 13, 2005 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve final acceptance of water and sewer utility facilities for Eagle Cove at Sweetwater Bay II 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 Eagle Cove at Sweetwater Bay 11 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 December 3, 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 a Cash Bond in the amount of $8,775.00, 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 Eagle Cove at Sweetwater Bay 11, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: Tonia Leavitt, Engineering Services Department Agenda Item No. 16A7 December 13. 2005 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. 16A7 to approve final acceptance of water and sewer utilky facilities for Eagle Item Summary: Recommendation Cove at Sweetwater Bay 11. Meeting Date: 12]1312005 9:00.00 AM Approved By Thomas E. Kuck. P.E. CDES Engineering Services Director Date Community Development & Services CDES Engineering Services 3:44 PM Environmental Services Approved By Pamela Libby Water Operations Manager Data Public Utilities Water 1111512005 10:22 AM Approved By Paul Mataausch Water Director Date Public Utilities Water 11116t200S 11:58 AM Approved By Stephen L. Nagy Wastewater "factions Manager Dam Public Utilities Wastewater 1111712005 3:38 PM Approved By Constance A. Johnson Operations Analyst Data Community Development & Community Development & 11122200511:32 AM Environmental Services Environmental Services Admin, Approved By G. George Yiimac interim Wam.Wster Director Date Public Utilities wastewater 111222005 3:13 PM Approved By Roy B. Anderson, P.E. Public Utilities Engineering Director Data Public Utildies Public Utilities Engineering 1111222005 4;12 PM Approved By . $endm Lea Eaecub" Secretary Data Community Development & Community Development & 11122!2005 6:31 PM Environmental Senricaa Environmental Services Admin. Approved By Community Development & ]late Joseph tC Schmitt Environmental Services Adminstrater Community Development & Community Development & 111222005 8:05 PM Environmental Services Environmental Services Admin. Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 1112812005 8:16 AM Approved By Mark lsackson Budget Analyst Data County Manager's Office Office of Management & Budget 111281200610:08 AM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County Commissioners County Managar's Office ___ 1113012005 10:50 AM rh LnM (op O C5 ci M ! �i E W Q).0 E {Q W .a ffJ on 4 z O w - rn Y O a O 0 S Z N,d� 1 pp2 aR �- dp 'Nl 3 S s sd 2 W O �7 Z } Z r O Ir y I U W W J Q J I CD (n Y Y 1 f O 0 0\ z � J N � (lam 31f10a 5T) ON �1"l INVINVl -1V� Ot iON / 3 CULF OF MEXICO s� rY �� gg m� k W ,S 3tl]v 00[ E ?5 n �moa D ILL W v J H u Q w 3 y Q 3 N r Q ar L H Q F- W W LU3 N Q O U J O W CL 0 F- a O J < I lwa) OrOa Not w r I� �� ry � � Nsarn rv�n3d n s ry Orotl N�15'JNIM 1� 3 CULF OF MEXICO s� rY �� gg m� k W ,S 3tl]v 00[ E ?5 n �moa D ILL W v J H u Q w 3 y Q 3 N r Q ar L H Q F- W W LU3 N Q O U J O W CL 0 F- a O J I o F- O U Cc tnS zM� I u zzs apW 7� Ir— aides J O $� U ur sN Tutu In ipMMMt TM0. (U.5 411 3i `n UWF W� l0 iSi i �¢ DO if za y f106 tl'�1 G 3AItl 1lIBU3a A U mi d m < z eY �� b ry. 11 kom L UPI 3 CULF OF MEXICO s� rY �� gg m� k W ,S 3tl]v 00[ E ?5 n �moa D ILL W v J H u Q w 3 y Q 3 N r Q ar L H Q F- W W LU3 N Q O U J O W CL 0 F- a O J Agenda Item No. 16A8 December 13, 2005 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve final acceptance of water and sewer utility facilities for Sterling Oaks, Phase 2A 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 Sterling Oaks, Phase 2A 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 February 6, 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 Sterling Oaks, Phase 2A, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: Tonia Leavitt, Engineering Services Department Agenda No. 16A8 December 13. 2005 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. 15A8 Recommendation to approve final acceptance of water and sewer utility facllkies for Sterling Item Summary: Oaks, Phase 2A Meeting Date: 12;1312005 9tOO'00 AM Approved By Thomas E. Kuck, P.E. CDES Engineering Services Director Data Community Development & CDES Engineering Services 1172720D8 2:25 PM Environmental Services Approved By Stephen L. Nagy Wastewater Collections Manager Data Public Utilities Was wwafar 11R12005 3:49 PM Approved By Panwla Libby Water Operations Manager Date Public Utilities Water 11S15f2005 10:22 AM Approved By Paul Mattausch Water Director Date Public utilities Water 111181200511:55 AM Approved By Constance A. Johnson operations Analyst Date Community Development & Community Development & 11112!200511:33 AM Environmental Services Environmental Services Admin. Approved By G. George Yilmax interim WasciWater Director Data Public Utilities WasteWater 1112212005 3:14 PM Approved By Roy B. Andersen, P.E. Public Utilities Engineering Director Data Public Utilities Public Utilities Engineering 11122120054:13 PM Approved By Sandra Lea Executive Secretary Date Community Devalopeumt & Community Development & 11!22121108 5:32 PM Envtronnietttal9ervicss Environmental Somices Admin. Approved By Cemrnunity Development S Date Joseph K. Schmitt Environmental Services Adminstrator Community Development & Community Developmem & 1112212005 8:08 PM Environmental Services Environmental Services Admin. Approved By OMB Ceordinstor Administrative Assistant Dike County Manager's Office Office of Management& Budget 11128120058:18 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office office of Management & Budget 11!2812005 10:23 AM Approved By Lee E Ochs, Jr. Deputy County Manager Date Board of County County Manager's Office 111301200510:81 AM Commissioners 00 tOM C-0 N O co Z rCY Ea �W E co i d r <Ba 5 'd o D� OP l PD w I�\ \III Z�� N Z o I mO O / o � STERLING y idJ I - p0 r m �OOyb ONES �J Q o a yERENITb dRCLE I C V7 11 J W 311= D1 A, / 7 a M NDLSDNIAII (kq) ¢ � I�swn Nran3e s3{ IS 7S �Sz ovod DNmndaaoae(r F- Z w U U <N d O - gg 4 m� d yd One DYDtl311T000J 3tYJb ODC d¢�Y cQ L SQ Z 0I U O WI co a Z J N S7 ¢� i�� a,F' FRANK BO PD ID R. BStI x� 7 �w� oo ga5d W <a € � TruliN.n - a j m ss� has= - r � � W< < (106 tla � �3Ntl 1lIBtl30NYuN GULF OF MEXICO m� d yd One DYDtl311T000J 3tYJb ODC d¢�Y cQ L SQ Z 0I U O WI co a Z J N Agenda Item No. 16A9 December 13, 2005 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve final acceptance of sewer utility facilities for Grey Oaks, Unit 16 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 16, 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 May 27, 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 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 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. LEGAL CONSIDERATIONS: Legal documents were reviewed and approved by Assistant County Attorney, Thomas Palmer. RECOMMENDATION: 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 16, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: Tonia Leavitt, Engineering Services Department Agenda Item No. 16A9 OecemGer 13.2005 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONER$ Item Number. 15A9 Item Summary: Recommendation to approve final acceptance of sower utility facilities for Grey Oaks, Unit 16. Meeting Date: 12113.2005 9:00:00 AM Approved By Thomas E. Kuck, P.E. CDES Engineering Services Director Date Community Development 6 CDE5 Engineering Services 11!1412005 2:21 PM Envirvmmemai servces Approved By Stephen L. Nagy Wastewater Collections Manager Data Public Ubli ies Wastewater IIMT120053;" PM Approved By Constance A. Johnson Operations Analyst Date community Developmert 8 Community Development d 111227200511:36 AM Enviranrna tRIServiaes Environmental Sarvicos Admin. Approved By G. George Yilmaz Interim WastaWater Director Date Public utill ies Wastewater 1112212005 3:27 PM Approved By Sandra Lea Eaocufive Secretary Date Community Development b Community Development b 1112212005 5:39 PM Environmental services Environmental Services Admin. Approved By Community Development 8. Data Joseph K. Schmitt Environmental Semi— Adminstudw Community Development: Community Development & 11/2212005 8:06 PM Envintri mmet Services Environmental services Admin. Approved By OMB Coordinator Administrative Assistant Data County Manager's Office Office of Management 3 Budget 11128/2005 8:12 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office office of Management b Budget 11/2812005 10:46 AM Approved By Leo E. Octn. Jr. Deputy County Manager Date Board of County County Manager's Ofitse 111101200511:SS AM Commissioners rn � iYri Cp Q O CM Z T G On = E co 0 T7 � d o— NOisown ovoa NoisoNV,n 1 N3M35V? lAe! 3aW .t� _- _ — — _ — _ _ _ _ _ _ - N3g35Y3 Lytle 30Y1. ,SLI � Z O 1N3Yf3BY3 lAdi 3DW ,Dt� F < 1N2m113 lAdf d I RUNBwO w ,3 �- 3 � LL Ilo� a � DS 1 j l J O g r� I� r any ianoo -phial lanoo e* s lal�'-r N3DD11 ~ LM �7 �I -29 Q U JI W ui ui X L 6l Y Q O Ix I uviNYle OtlVA3YlOB NVDOI S � Q OtlYA3l VtlYBnVB VLJtlS y I - - - - - _ J Q °woa 31M U O I O U I S " —B A1NnOU op ' na3BNVi3xw. Y$$ �, - wg ¢ �" � iv [ �< " S� w J d O I .�" DaneN3unw. �<° 3INIDd Nxoao i n mWONn 53aY1 WQ11Y31 �°�• 3wie NDOI 3NId *3N.W o nky DOOM =btlF i � avoa No15oMnn � _ ° �°� aYOe NOlsorann ao th !lC'tl'ol < !AniaYJ _ OVOa DWiYld lawd as Otl ONlllne' OdtllV � � W p & `ate y soV w g<a I�v Z " w Bna aroa u.3l000D �� gVg s 3ar13mW. 3tpr aor — 4�w � loos anYnW (IS8'B' OVOtlN }31L31000'J '� o yyy�' � ¢ i-,"1I iiJ Its Bfl),— �7 �I -29 Q U JI W ui ui X L 6l Y Q O Ix I Agenda Item No. 16A10 December 13, 2005 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve final acceptance of water and sewer utility facilities for Eden at the Strand 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 Eden at the Strand 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 1, 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 Eden at the Strand, and release the UPS to the Project Engineer or the --- Developer's designated agent. PREPARED BY: Tonia Leavitt, Engineering Services Department Agenda item No. 16A10 December 13. 2005 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. 16A10 Recommendation to approve final acceptance of water and atrwer utility facilities for Eden at Item Summary: the Strand. Meeting Date: 12;1312005 9:00:00 AM Approved By Thomas E. Kuck, P.E. CDES Engineering Services Director Date Community Development b CDES Engineering Services 1111412008 2:23 PM Environmental Services Approved By Pamata Libby Water Operations Manager Date Public Utifities Water 111151200S 1D:28 AM Approved By Paul Mattarisch Wetar Oiractor Date Public Utilities Water 11!151200612:09 PM Approved By Stephan L. Nagy Wastewater Collections Manager Date Public Utilities Wastewater 1111712005 3:40 PM Approved By Constance A. Johnson Operations Analyst Date Community Development 8 Community Development 5 111221200511:39 AM Environmental Services Environmemat Services Admin. Approved By G. George Yiimar interim wastoWater Director Date Public UtAlbas wastawetar 1112212005 2:33 PM Approved By Roy B. Anderson, P.E. Public Ut+litfes Engineering Dimctor Date Public Utilities Public Utilities engineering 1122120054:14 PM Approved By . Sandra Lea Executive Secretary Date Community Development S Canununity Development S 111222005 5:43 PM Environmental Services Environmental Services Admin. Approved By Community Development 3 Daft Joseph K Schmitt Environmental Services Administrator Community Development & Community Development a 11122!2005 0:07 PM Environmental Services Environmental Services Admin. Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management S Budget 1112012005 0:59 AM Approved By Mark isackson Budget Analyst Data County Managers Office Office of Management R Budget 11201200610:54 AM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County County Manager's Office 1113012005 11:56 AM Commissionom oLOM r C% 45 O Cg C14 co r C1 CD d— �m Z a)Q Qi E c co CD CD Q 311bo 3NOON8w t1ON Z °o� � 3 z f Q SOU cl) O J 5L - 3i v15N31N1 \JI a 1 reds a ld tl S3NDHdry I 1\ I I Aano, -QUI 31wA a d TQ L W U—) TQ f� 0 Q 0 J 0 Z a a W � w zwileaR Y = W ,M �g - Off = %p I tee^ _ m - n Z mOtlY/3YIOB R Nb'JOl U ffW O m 0 Q NDi�nu Nn« � s�- alvue�Lra - 9,'tL` Atli 51O� �WOM 553bdA� �� n €� �� ° St- 31b15tl31N1 - z _ °� HSW DlDdl x o� _- = '8 I� \T^I a r II'I W4 w JJ -.ff a� m s. Wb NO15`ONA17 I' _ W DVON ONIT(ld-LtlOdtlIV YS 7 j Y t aW \ a FPANK gO'JLE PRD lG R. 0.511 �fla OvOtl �L_TOOOD 3tDb pp� Ji I W s E W 1- a9 TQ L W U—) TQ f� 0 Q 0 J 0 Z a a W Agenda Item No. 16A11 December 13, 2005 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve for recording the final plat of "Moorgate Point", 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 "Moorgate Point", a subdivision of lands located in Section 22, 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 "Moorgate Point". 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 "Moorgate Point" be approved for recording. FISCAL IMPACT: The project cost is $736,724.00 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer - $348,964.00 b) Drainage, Paving, Grading - $387,760.00 The Security amount, equal to 110% of the project cost, is $810,396.40 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: $23,226.72 Agenda Item No. 16A11 December 13, 2005 Fees are based on a construction estimate of $736,724.00 and were paidgpgM:&y; 4 2005. The breakdown is as follows: a) Plat Review Fee ($1,000.00 + $5. /ac) - $1,125.00 b) Construction Drawing Review Fee Water & Sewer (.75% const. est.) -$2,617.23 C) Drainage, Paving, Grading (.75% const. est.) -$2,908.20 d) Construction Inspection Fee Water & Sewer (2.25% const. est.) -$7,851.69 e) Drainage, Paving, Grading(2.25 %const.est.) -$8,724.60 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 "Moorgate Point" for recording with the following stipulations: 1. Approve the amount of $810,396.40 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 Agenda Item No. 16A11 Derember 13. 2UU5 Page 3 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. 16A11 Recommendation to approve for recording the final plat of Moorgate Point, approval of the Item Summary: standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. Meeting Date: 121132005 9:00:00 AM Prepared By John Houidsworth Senior Engineer Date Community Dovelopment 5 Engineering Sorvicas 11J18I2005 1:53:4A PM Environmental Services Approved By Thomas E. Kuck, P.E. CDES Engineering Services Director Data Community Development & ODES Engieeering Services 1111812005 2:12 PM Environmental Services Approved By Sandra Lan Executive Secretary Date Community Development & Community Development & 11121(2005 2:23 PM Environmental Services Envirommental Services Admin, Approved By Constance A. Johnson Operations Analyst Data Community Development & Community Development S 11122(200511:51 AM Environmental Services Environmentat Services Admen. Approved By Community Development & Date Joseph K. Schmitt Envirammeniat 5nrvisas Admenstrator Community Development & Community Development & 11122/2005 5:08 PM Environmental Services Environmental Services Admin. Approved By OMB Coordinator Administrative Assistant Date County Managers Office office of Management & Budget 1112312005 4:00 AM Approved By Mark issckson Budget Analyst Data County Managers Office Office of Management & Budget 1112372005 11:05 AM Approved By Leo E. Ochs. Jr. Deputy County Manager Date Board at County Commissioners County Managers Office 1113012005 12:19 PM �Ln C) 0 v rp N t C,5 (U O T' Z Q Q7 E V C a) cm —m of i� / 7 e� r - --31 -0 c j Z o LU d W a J � w oa V go 3 "� <; Fi;lif Al U Z w fig 3.Itl0 AYMA Xs� 8 O � Z 3 3 N' N � OtlOY NBSNYM i � N Y —m of i� / 7 e� o go 3 "� <; Fi;lif Al U Z w fig U � g SB NJ Otybn3'1110B tl311 d O fie'' K T� ado �d h e Ile `, B n3ino0 eai yL�y N�ur.Nr,a yr91rB y NS tlW0tlb0 tl1Nre SSSS add 8 €„ bf mon Ntl A1NIl0� & n _ ° - b8� suru3 oemtl3uiwn ousNau�x. nNUe roxow a p Li W �a� e��� E W ° �� s3m eoaMVn TQ i� W t-- / V CL Q 0 a 0 J Z a IL LU a cr z 0 0 E Agenda Item No. 16Al2 December 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 "Mahogany Estates ". The roadway and drainage improvements will be privately maintained. OBJECTIVE: To grant final approval of the infrastructure improvements associated with that subdivision known as "Mahogany Estates" CONSIDERATIONS: On September 17, 2001, the Board of County Commissioners granted preliminary acceptance of the roadway and drainage improvements in "Mahogany Estates ". 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. 16Al2 December 13, 2005 Page 2 of 5 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway and drainage improvements in "Mahogany Estates" 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. 16Al2 December 13. 2005 Page 3 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. 16Al2 Item Summary: Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Mahogany Estates. The roadway and drainage improvements will be privately maintained. Meeting Date: 12/13/2005 9:00:00 AM Prepared By John Houldsworth Senior Engineer Date Community Dovaloproaat & Environmental Servicas Engineering Services 112212005 9:52:12 AM Approved By Thomas E. Kock P.E, CDES Engineering Services Director Date Community Development & Environmental Services CDES Engineering Services 11/2212005 0:57 AM Approved By Sandra Lea Executive Secretary Date Community Development & Community Development & Environmental Services Environmental Servicos Admin, 111221200610:20 AM Approved By Constance A. Johnson Operations Analyst Date Community Development& Community Development& Environmental Services Environmental Somices Admin. 11122/2005 12:57 PM Approved By Community Development & Joseph K. Schmitt Environmental Services Adminstrator Dam Community Development & Community Development & Environmental Sorvices Environmental Services Admin. 11/22/2005 9:11 PM Approved By OMB Coordinator Administrative Assistant Data County Managers Office Office of Management & Budget 1112012005 9:04 AM Approved By -^^- Mark Isackson Budget Analyst Date County Manager's Office Office of Management 9 Budget 111281200511:10 AM Approved By Leo E. Ochs, Jr. Deputy County Manager Data Board of County Commissioners County Manager's Office tt!2012005 12:26 PM C14Lo r //5 kJ / E 7 cz r) � _=a � � 0 ` � \ § � e � ® o ` : o \ * r I � ; : . . _=a � CL Q � W F— C/) V) � \ � CL Q� � Z O Q V O J /§ § E § \ \ \ \ ; S � _ ! • �_ . .): `./{ , ! - \;\ ;&! /! *� _a` _ , CL Q � W F— C/) V) � \ � CL Q� � Z O Q V O J Agenda Item No. 16Al2 December 13, 2005 Page 5 of 5 RESOLUTION NO.05 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLTER COUNTY, FLORIDA TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADWAY AND DRAINAGE IMPROVEMENTS IN MAHOGANY ESTATES, 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 OWNERS OF LOTS 1, 2 AND 3 OF MAHOGANY ESTATES WHEREAS, the Board of County Commissioners of Collier County, Florida, on November 28, 2000 approved the plat of Mahogany Estates 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 Mahogany Estates 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 owners of Lots 1, 2 and 3 of Mahogany Estates. This Resolution adopted after motion, second and majority vote favoring same, this day of 2005. DATE: BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, CLERK By: Approved as to form and legal sufficiency:} (j j Jenm'fer A. Belped� Assistant Collier CmYrity Attorney FRED W. COYLE, CHAIRMAN Agenda Item No. 16A13 December 13, 2005 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve final acceptance of water and sewer utility facilities for Tiburon Boulevard Extension 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 Tiburon Boulevard Extension 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 14, 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 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 Tiburon Boulevard Extension, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: Tonia Leavitt, Engineering Services Department Agenda item No. 16A13 December 13, 2005 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. 15A13 Recommendation to approve final acceptance of water and sewer utility facilities for Tiburon Item Summary: Boulevard Extension. Meeting Date: 12/1312005 9100.00 AM Approved By Thomas E. Kuck, P.E. CDES Engineering Services Director Dam Community Development 6 COES Engineering Services 1112;2005 2:24 PM Environmental Services Approved By Stephan L Nagy Wastewater Collections Manager Daft Public Utilities WssmWater 11M2006 5:48 PM Approved By Constance A. Johnsen Operations Analyst pate Community Developmeo 6 Community Development & 1111412006 2:22 PM Environmental Services Environmental Services Admin. Approved By Parnats Libby Water Operations Monello' Date 19167200610:21 AM Public Utilities Water Approved By Sandra Lea Executive Secratary Date Community Development 6 Community Development d 11f1512005 10:36 AM Envimmmentst Services Environmental Services Admin, Approved By Paul Mattausch Water Director Dam Public Utilities Water 11)1&2406 11:57 AM Approved By G. George Yiimaz interim Wastewater Director Date Public Utilities Wamewater 1112212005 2:06 PM Approved By Roy B. Anderson, P.E. Public Utilities Engineering Director Date Public Utilities Public Utilities Engineering 1112212005 4:10 PM Approved By OMB Coordinator Administrative Assistant Data County Manager's Office Office of Managernem & Budget 1112812006 8:26 AM Approved By Mark isackson Budget Analyst Dom' County Manager's Office Office of Management 6 Budget 1112812006 6:46 AM Approved By Lou E. Ochs, Jr. Deputy County Manager Date Board of County County Managers Office 1113012005 10:46 AM Commissioners r LO C, T' O « <C) C r�oNrr r C} d pr C z )a C13 v q; C� m Q 31V:Ii el MN 7 a— Q W CO a 0 /Q V O g g 3 x„ ter. our , Numaw I eeu .uuirm • dne amor. mu� rae -urH �p I j L� l� HPWA xrsm � ----- - - - - -- 4 g ���� � fay aww.aeravi3 �� S I •- Sr5i7F3riT— � � � 3� IK'lC.116 n 1 ¢ ® _ awmeNRhFIMOA Y NDTWM djd 6 6 y'�y} V b HB ea " $$ a °rw mow AL-?Xx e I p taa. � °b'narb. Y a— Q W CO a 0 /Q V O g Agenda Item No. 16A14 December 13, 2005 Page 1 of 21 EXECUTIVE SUMMARY Recommendation to approve the Release and Satisfactions of Lien for payments received for the following Code Enforcement actions OBJECTIVE: To approve execution and recording of the Release and Satisfactions of Liens, acknowledging compliance and recovery of fines and fees related to prosecution of Code Enforcement matters. CONSIDERATIONS: Reference Owner of Record Lien Amount OSM 2005040611 JESUS & MARIA MARTINEZ $175.54 CEB 2005 -12 BENITO RAMOS AND /OR SONIA TEJADA $334.64 CEB 2004 -028 PAUL ZAINO $465.05 CEB 2004 -18 HERMAN HAEGER $626.25 CEB 2005 -30 CLOVERFIELD INVESTMENTS $561.17 2005010460 WILLIAM & LOLA OVERTON $182.19 2469 MOBIL OIL CORP $255.00 1827 STANLEY W. WHITE, JR & KARLA M. WHITE & STANLEY W. WHITE, SR $255.00 OSM 2004060817 KENNITH LANIGAN $138.65 OSM 2005031361 CURRENT BUILDERS CONSTRUCTION MGMT $673.08 OSM 2004090845 EDWIN WATTS GOLF, LLC $598.50 OSM 2005040098 JUAN JOSE ABASOLO $361.55 OSM 2005050904 MELISSA COMPTON $158.00 OSM 2005070140 LAZARDO & MADALID MARTINEZ $178.67 OSM 2005030015 LISETTE BRIVELLE & FRANK DUCLOS $179.71 OSM 2004070488 COLLIER REALTY CORP $219.64 OSM 2004040270 ANN CHAMBERLAIN $222.64 OSM 2004090395 OSM 2004090396 MARIA ZULUAGA $769.24 TOTAL $6354.52 Agenda Item No. 16A14 December 13, 2005 Page 2 of 21 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 $180.00 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 Releases and Satisfactions. PREPARED BY: Shirley M. Garcia, Administrative Secretary — Code Enforcement r" Approved By Agenda Item No. 16A14 December 13. 2005 Page 3 of 21 COLLIER COUNTY Data BOARD Of COUNTY COMMISSIONERS Communtly Development a. Item Number. 16A14 Environmental Services Item Summary: Recommendation to approve the Release and Satisfactions of Lien for payments received for Code Enforcement actions. Meeting Date: 121312005 9.00:00 AM Constance A. Johnson Approved By Sandra Lee Executive Secretary Data Community Development & Communtly Development a. 1112112006 3 :11 PM Environmental Services Environmental Services Admin. Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development b 11123/2005 0:05 AM Environmental Services Environmental Services Admin. Approved By Community Development A Joseph K. Schmitt Environmental Services Adminstrator Data Community Development & Community Development & 1112312005 7:26 PM Environmental Services Environmental Services Admin. Approved By OMB Coordinator Administrative Assistant Date County Managers Office Office of Management a Budget 1112012000 9:03 AM Approved By Mark Isackson Budget Analyst Dah County Managers Office Office of Management & Budget 1112012005 5:45 PM Approved By Leo E. oehs. Jr. Deputy County Manager Date Board of County Commnaionars County Manage rs Office 11130!2005 12 :23 PM __ Agenda Item No. 16A14 December 13, 2005 Page 4 of 21 T irs s Prw ,ar. h'r Leonania Banaa , Cspe 5 C naflr s t Cca Erftocernpenl O a 2W0 WX21h His -& Cxkw i<'z, FL .3rd if C4 f,23 ) 403`2 RELEASE AND SATMFACTIOr4 OF UFN KN*W ALL !VD14 BY T14E,S:E PRE dIDITS' . Tfot _- BCAF�D OF COUt y` Cs �'k. SiO 4 'OF CoLuEiR Co"J I'T e, FLOP Q4 is 0_ o•'wngalr and tss 4 �r at a d"ah teen b} an e by ag Ksnwt.: N rte M of 'z 4401 Pi: Via` Naples, FL 34116 The lien was recorded on 81912005, Official Record Book 3863 Page 2923, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of one hundred seventy -five dollars and fifty - 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: 4401 17"' PI SW Cost: $175.54 Reference: OSM 2005040611 Folio: 35763560001 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 can this day of 2005, ATTEST DWIGHT E. BROCK, Clerk By: Deputy Clerk Approd as form nd. I sufficiency ,-7 Steven D. Griffin Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, Chairman Agenda Item No. 16A14 December 13, 2405 Page 5 of 21 RELEASE ANDSAIVSFACTION OF LIEN SSus iaF fart -" i" ti'fi r) 01:0.. Iii % %£r'et e f r i ''v' .' <i S'S's'f y 'v: orf "'s '' C%.�.[�:'- Ewrr� av:'C: " "". FS-minA. , w*----;� I, I-,. ki w uwf-v'v -' ' . " [ } 1 . •�:�" � �ssi�:..i � *,.s�.%i'' � ; S' �i'.a ,. �,.ir�"�,s� t.�"� �� :11:.n��G €�..��.�1"�,�� ru::�r�t ;✓:��-t�, : ;�s� c:�zl-�:� �,:� �r�.� fxv-xr'W' .^t �''^S `a + +'pr -i "3.f �ir.�. ftk' X:p."s�f"."i�"'rC's '"�.�,�.. 'r"S' 4t,,.v�J:.YiCC +'r �JRJL +.� � it in frWilf- The North 75 feet of the South 150 feet of Traci 34, GOLDEN GATE ESTATES, unit No 22, according to the plat thel -Cof, recorded in flat Book. 7, Pabe $4, of the Public Records of Collier C:ountY. Folio No. 37692360008 coy t: $334.64 Reference: CEB 2005 -12' d 3 i eh i rele Yoe this lien as to the whole I he undersigned is author reed Wan t oe5 per } 4: of the above- described iral progeny, and all other meal and personal property ow ncd by Benito Ramos aind/or Sonia Tejada, and consents to this lien hcing discharged of record. Dated this dry of ATTEST: DWIGHT E. BROCK, Clerk By , Deputy Clerk Apia av ed € .s o four and 3 lCaal Su iCidricy a 8' y Jeff rc A. �itzlcow ssis nt 06'Unly Attorney 21 005. BOARD OF COUNTY COMMISSIONERS COLLffiR COUNTY, I71.,ORTDA By: FRED W. GOYT F, CHAIRMAN pxwwnzwx Agenda Item No. 16A14 December 13, 2005 Page 6 of 21 # Li ?1xi i.�r `•erf in°. if �! i.4''r% R C13ir s 'A" Vi i' n <fi�xx. ,. r�• r 3 Y t stiir`A is ] G�Cl3,;i'�� rseryFiY <¢ f3 is... ii. r 29. a ° ✓mi .: Of r ' x-rv% -�l in 0_R_1 R"X* 35!Y/1. (�a 3if2 jai c^ � ' i'1 x � �+ c ' i� „si35 f'. �� S. P .5 #. �!fNe'. 17"kw"Y'y- &-Vj affl s The real property located at 3341 C:orana Way, Naples, Florida, snore specifically described in the deed recorded in Official Record Book 2674. Pages 3046, et scq., of the Public Records of Collier County, Folio No. 68093000004 Cost: 5465.05 Reference: CEB ho. 2004 -025 The undersigned is autho ixed to and does hen:b), relca.So this lien as to the whole of" the above- descii0ed foal property, and all other real and personal property owned by Paul J. Zaino, and consents to this lice being discharged of record. Dated this s da y of - ) 2005. A*1TES'r: I30ARD OF COUNTY COM MISSION FRS DWIGHT E_ BROCK, Clerk COLLIER C0U' TY_ FU)RIDA By: – By: — Deputy Clerk 'R�.;.D W. COYLE, CILMR. -VIAN Ap rove.d as to fot-rn and ,... i lew!l sul ficj�-ncv: Jeffry A. Klatckow Assistant 0iunty attorney Agenda Item No. 16A14 December 13, 2005 Page 7 of 21 Ts* il=,Mem Ftpvtd tv.mw.* amomk" opeuzp�,,w C��imww Cw�f r1w*1=r_vjx11 2wj Duivr, -t4qAn, vw�k 3411 RELFASE A.NTD SATISFAMON OF LWN This -to cerlify th-dt 11M cizim r.4 f.jo.-g-1 ��f i Itz 3. 016"r dvj--d Jty-e- -'9. 2�W4 copy of �-whl pa's.ps- x - 1 w hw - , All of Traci No, 10, Goldrn Gate Estates, 'Unit -No. 87 according to t.hc mail) oi- PI at 01creof rccorded in plat Book 5,'Pagc 1-6 of 1 he'Pubfi�; R ooluds of colliar County, Florida. Folio 'No. 4 12904,40009 Cost: $626.2-5 it ef-�,-enx- C ?0t)4-1 .9 fhe unde.1-Sillned iS�11111101-i7::X1 tO �md clogs 11c)-c-by this Ii-11 &; to I'le whole of the abovc-de-scribed real property, and all offier real and personal properLy owned by Ilerman llaegen,., and consciAs to this Tien being discharged of record. I) L% L C d th i'S, ciao o1' '1005, ikTTEST, DWIGHT E_ BROCK, Clerk B v: � Deputy Clerk BOARD OF COUNTY COMMISSIONERS COT J_TFR COINITY, FLORMA 11y: FRED W. COYLE, CHAIRNIAN Agenda Item No. 16A14 December 13, 2005 Page 8 of 21 9,'fis� �t;�? !'rr:7.'x..::l L #:'y"^d�ls•5S]f "9...� ,gII his, is r:T That s'f i. L t!. �'� .�i FL£! s;'.F.8, i35lt'A y'• f. .hagg A .,,s r�-rrw a•..f dry. rec *xId -d ini O.R. &, £,, s8 k r� Pyt,7ra"�;�r' ? 3 t -- ! r °.rs cs ?" c`t3 d tt ig,V }�Y• gg Y /l �j •g3. r ftul evi m -scr F' fj %.�t✓s.�. �^. iJ: 'i°rC, ._, ..s4 : ss Ti d�a1l ¢r3is3 em al i �x u p rr., r 4 I d# m beer, rEs �h- a-Igpi 8tt rujff Tracts A and B, PORT OF THE ISLANDS (THE CAPS) PHASE II', according to flat 13ook . I Page I Folio No. 6830OU00108 Cost: $761.17 Reference: CAB 2005 -30 The undersigned is authorized to and sloes hereby release this lien as to the whole; of the above- described real property, and all ether real and personal property o%--ned by Cloverfield Investments, and consent,, to this lien being discharged of record. Dated this day of ATTEST: DWIGHT E. BROC'K, Clerk , Deputy Clerk 2005. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FI 0RIDA FRED W. COYLE, CHAIRMAN Agenda Item No. 16A14 December 13, 2005 Page 9 of 21 Ttis kLmrt=ant Prepared by l_ do Bvwm' 0PW'-&'X* r'Wf'&'V;Ak* S wy to the sp ' Masi" Oode Enkx DeparMerd 2= MWk-.s, Ff- 341 (2) 403-2440 RELEASE AND SATISFACTION OF UEN fO%XXW ALL M-014 BY THESE FRED 'TSB TW tv BOARD OF WUNTY CoMMSS*tQERS OF COLLJER, CXCALAOY, FLORDA ir, itle wfffet W'd t� r-0 a coW.-m ran by an Ordef e*--cFAed by' . SW-321 �Asstw agW'-S -L 1tVAL10A 4 LOLA aVER"'I""ON 1451,W'4 Aw-- N- The lien was recorded on 511312005, Official Record Book 3797 Page 3859, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of One Hundred Eighty Two Dollars. and Nineteen 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: 1451 13 1h Ave. N. Naples, FL 34102 Cost: $182,19 Reference: 2005010460 Folio: 46570280000 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfacfion of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Satisfaction of Lien, by action of the Board on this . day of 2005. ATTEST DWIGHT E. BROCK, Clerk By Deputy Clerk Approy,ed as to forrn,andjegal sufficiency '§t�&e6 D. Griffin Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED W. COYLE, Chairman Agenda Item No. 16A14 December 13, 2005 Page 10 of 21 Onde E;.rf •o -Vant p t 2 rxj Noojl� Na ies, FL 341,N (2 40,244,13 MWAI ALL VO4 BY THERE PE$F T S, That th-- soARD Olt ..s` ?qTy C W SStCVERPS OF C- OLLiER C01itrl Y, FL10PINDA �s owner afri rkj--,t of a f rf icy Resahjfinx, "Na. 2004 -1 an r� : W O� CW 'PO Y 4971 HrAIFAVII TX 172-10 The fien was recorded on 512012004, Official Record Book 3568 Page (s) 3614, 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: Property located at 3777 Tamiami Trail East, Naples, Florida, more particularly described in Warranty Deed recorded at OR 1056 Page 0984 of the Official Records of Collier County, Florida Cost: S255.00 Reference: 2469 Folio: 00393560608 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. S ATTEST BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: Deputy Clerk Approved as to form and legal sufficiency Thomas C. Palmer Assistant County Attorney By: FRED W. COYLE, Chairman Agenda Item No. 16A14 December 13, 2005 Page 11 of 21 Cr. rd. 's onA DWafr 2W o-s-ashOS W N mss, F-1- 34104 SATISFACTION OF UEN C94 ALL MEN BY THESE E50VI S: V-,, f* BOARD F COVNT Cam' &Sj0,014 S OF C aWF- ,` C004TY, FLORtO-A os tte - Pa'r. ,--f arrf f.Z.r' r of a #tain fien &f 2-mil -3, agate: S r y W. "A'TA4"." Kwu fad. Iffrae & S``arj-- f v lffl ej S'n s'x. N- ,es, M 341 The lien was recorded an 1010 tol, Official Record Book 2301 Page(s) 1785, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of Two Hundred and Fifty Five Dollars, plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: Lot 31, J &C Industrial Park, Section 11 Township 43 South Range 25 East, Collier County Florida Cost: $255.00 Reference. 1821 Folio: 245160006 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 Counts 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 BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By; Deputy Clerk Approved as to form arid. legal sufficiency Thomas C. Palmer Assistant County Attorney By: FRED W. COYLE, Chairman Agenda Item No. 16A14 December 13, 2005 Page 12 of 21 ThaX>t33v'3fj Secretary -TS l ye spf;:-:.'3* L v4T 2WXj MLoth Wes. e—s n�& F e3s'J� FL 34-1,04 r 40,13 -2440 F'FLrASE AM SAT15FACTIOIN O LIE K,NC1 W ALIL MEf 5 s r-,E.SE s' F � 'o t 2 � ;m &DARD OF # . '!s S'ar.`.'n %.Y< f exrpv'xut''r� by ssww spesia �,c'�s r ii3".1" 5890 Wax Myrtle Way Naples, FL 34110 The lien was recorded on 7/21/2005, Official Record Book 3850 Page 0404, in the Official Records of Collier County, State of Florida. The lien secures the principal sure of one hundred thirty -eight and sixty -five 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: 5890 Wax Myrtle Way Cost: $138.65 Reference: OSM 2004060817 Folio: 76364250008 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 By: Deputy Clerk Approved a,5.40J%m -a fleg�l sufficiency Steven D. Griffin Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 0 FRED W. COYLE, Chairman Agenda Item No. 16A14 December 13, 2005 Page 13 of 21 s eta ^y to ; ; %a} ��. ler Ir# S F IL 3,41(A LE AND SATMFACTICW OF UEN Y1'd`.L f4fr pp t.,sr.r C'." Or, 44MWIN s*alERS O .F COLIUIER COUNTY, FLOR10A is P�S ram: A XJ iWA4r-r ref a< cer,sa� ice. A try nn C^ r :r t:y me S .,iat VmsW, agairenl: 4172 B Corporate Square, Naples, FL 34104 The lien was recorded on 7/612005, Official Record Book 3837 Page 0554, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of six hundred seventy -three dollars and 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: 12935 Positano Circle Cost: $673.08 Reference: OSM 200503136/ Folio: 00287040003 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 BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By By-,_. Deputy Clerk FRED W, COYLE. Chairman Approved asjo f06M and -legal sufficiency Steven D, Griffin Assistant County Attorney Agenda Item No. 16A14 December 13, 2005 Page 14 of 21 'T*i,s -"4 P epar esr-w . -, ser.rartary -Pc; ltie mavp'� Ccdle EnAxcepnroero 1'149,4es, R. 3A 104 (23 S; 40-,324403 RELEASE ARID U61-M—FACTt0NQF LiEN KN,aW ALL E.*4 -PY T ;z-:- PPESF-14TS: T 80,&RD OF j.#fkT y CCf4V-',W0N1F-!S OF C IER, r.1VjN'Pf' FLOR"D 'PAM b/f al Of'dner Z -:4&0;n 'tftfk_- 3980 Tarniami Trail North Naples, FL 34103 The lien was recorded on 7/2112005, Official Record Book 3350 Page 0407, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of five hundred ninety-eight dollars and fifty 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: 3980 Tamiarni Trail North Cost; $598.50 Reference: OSM 2004090845 Folio: 77410120008 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 0 Deputy Clerk Approred,,qs to form and leg,a sufficiency 1 ti� t M3Steven D. Griffin Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA L-12 FRED W. COYLE, Chairman Agenda Item No. 16A14 December 13, 2005 Page 15 of 21 Thiss in t nxnend PreWe'd tfY' Laeorlardo som�' ick. owa*-V"s Cr dinatrx S�zq * ph'a spec4ai mazmw Code Erdors--mo--, A Departr4eal 2&Z Wurtt f4apies, Ft 34104 (2-39) 4C -2440 gf LEA f AM SATISFACTM OF UJEN y,NaW ALL MEN BY ",:-eZSE PRESENT& T1•19t LM- BOARD OF COLfirf CofAMISMNERS OfF rOCLLIER (,XVNTY, FLOMIDA a T*_ 0M W_ and rsOkjef rA a cer�ajn limbry arn Order eze-ot-4-ed by 0W Spe:W f4asttler 'gatSt .1 1Mn JO's' AAr*Sr-40 4545 2-P Ave SW Naples, FL 34116 The lien was recorded on 716/2005, Official Record Book 3837 Page 0542, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of three hundred sixty-one dollars and fifty-five 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: 4545 23 d Ave SW Cost: $361-55 Reference: OSM 2005040098 Folio: 35741600006 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 1 2005. ATTEST DWIGHT E. BROCK, Clerk By: Deputy Clerk Approved as to form and legal sufficiency Steven D. Griffin Assistant County Attomey' BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED W. COYLE, Chairman Agenda Item No. 16A14 December 13, 2005 Page 16 of 21 T'�'^- ' —w'.!o F"o- 's.*`r:`or'- 1 ii ) r24,40 RELEASE AND SATISFACTIOM OF LIEN KNOW ALL fifEf4 �Y THESE RE: p S. That t t-;e ��Aj�D C�F k y CM &A SS101,tE ZS Of €E-? �+'�_,'it,., Ni f, ��-pL MA :�� i e-n Iff Ferri i3r f xf--c �;.,rA !'yk' f s, rJ' j Mas4sr 2769 Longboat Dr Naples, FL 34104 The lien was recorded on 81912005, Official Record Book 3853 Page 2920, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of one hundred fifty -eight dollars and no 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: 2768 Longboat Dr Cost: $158.04 Reference: OSM 2005050904 Folio: 26731720002 Collier County, a political subdivision of the Mate 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 M Deputy Clerk. Approv9d as to form and legal sufficiency Steven D. Griffin ' ,+ Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED W. COYLE, Chairman Agenda Item No. 16A14 December 13, 2005 Page 17 of 21 teiar -'. 2W-* ft r �kaoes, FL 34 104 jam) 4;5�24- rj RELEASE AND SATfSFAL'TIC OF E K 40VV ALL M,04 l; THESE PRESENTS: 'kOl llt.S 150AP0 OF '-. CAAZ'y F 0; LTF- ' Ci. f , r"L0FUDA. is €try ;r aNd hz�dW V4 .a 260 f ` St. VW Naples, FL 34117 The lien was recorded on 819 {2005, Official Record Book 3863 Page 2929, in the Official Records of Collier County, State of Florida. The lien secures the principal :sum of one hundred seventy -eight 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: 260131h St SW Cost: $178.67 Reference: OSM 2005070140 Folio: 37013880002 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 regard 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 BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By* By: Deputy Clerk FRED W. COYLE, Chairman Approved as to. form, and legal sufficiency Steven D. Griffin : l` j Assistant County Attorney Agenda Item No. 16A14 December 13, 2005 Page 18 of 21 Tf. "..s ffrv_'-4 prvpxareea toy; I_eomar mo, S emifat` special1 flap s FI 34104 (23%F) 403-22440 RELEASE AhO SATISFACT M OF LIEN "K.) MV AULL 11 y sESE P -RESiE TS: That #w_ SOJAIRD OF CaW TY C 1t sSS# OF C IDER sNW' FWRiQA is "p- , '7r 'er a ` of c of taiA hen by rar5 orjer £7.:evwi d t'y the Sp " 'meter . 's 764 41- Ter SW Naples, FL 34116 The lien was recorded on 411912005, Official Record Book 3777 Page 4034, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of one hundred seventy -nine dollars and seventy -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: 1754 41" Ter SW Cost: $179.71 Reference: OSM 2005030015 polio: 35771520004 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 12005. ATTEST DWIGHT E. BROCK, Clerk 0 Deputy Clerk Approved as to form and legal sufficiency Steven D. Griffin Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA zi FRED W. COYLE, Chairman Agenda Item No. 16A14 December 13, 2005 Page 19 of 21 This OrAr,-qnerd prepw-e-Ad b,3r Lewwda a%o'mob ope--a&m Qn-Or6ha-1-n't se=etwy to � SpacW h4aster CXde wdlcemeft Degaar"ant 2M No& S,. seslt*e Drive Naplies,FFIL 34-104 (M) 403-2440 RELEASE AND -%ATISFACTIO14 OF LMN- XP"V ALL � N BY TKESE PRESENTIS Tt�l lie BOARD OF C(XN,"P1( COtAMISS'IONERS OF cryLUER COVNITY, IF-LO DA 0- th-- -Zwner aroJ hc4d� 01 3 certMr � 1�er y an Ord--r exer-uted by Special N! "ex ag-3inst COMW F C(HP. 975 N. Collier B'tvd Marco Island, FL 34145 The lien was recorded on 9/19/2005, Official Record Book 3892 Page 1593, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of two hundred nineteen dollars and sixty -four cents, plus accrued interest and penalties, I any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: 101 New Market Rd Cost: $219.64 Reference: OSM 2004070488 Folio: 63863840004 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 BOARD OF COUNTY COMMISSIONERS DWIGHT E, BROCK, Clerk COLLIER COUNTY, FLORIDA M By: Deputy Clerk FRED W. CHYLE, Chairman Approved as to form and legal sufficiency Steven D. Griffin Assistant County Attorney Agenda Item No. 16A14 December 13, 2005 Page 20 of 21 41 i<�sbwurrn �¢ xe y" Lerlct v rl mil. � '3' " r�f" 's° 'a�. ..6' . s �f• aive T c"4 a'a ALL &t &l BY Tx rr"�'' : 1, a,hA 034- -- &'JARD I '..VJk%'TY: C'M�h1sSMSR'5 03' W- UP R fiJNTf , FLCRIDA G o' er and h df a 2,04 Wos'*' Lan-- Nap ea, ,`t_ 4:r,55- The lien was recorded on 513112005, Official Record Book 3797 Page 3874, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of two hundred twenty -two and sixty -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; 204 Woodshire Lane Naples, FL 34105 Cost: $222.64 Reference: OSM2004040270 Folio: 262286008 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 acknowfedge 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 0 Deputy Clerk Approved as to form and)eg I sufficiency Steven Griffin L Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA M FRED W. COYLE. Chairman Agenda Item No. 16A14 December 13, 2005 Page 21 of 21 Tw, hatagmnt qre;ojj-PA tyf, SK �. Garcia, At n&a0,,o1A- SectOLvY Ond-a Ergorceimnt VoeW.Mer14 28Wj t4k-wqh WXM-StM 0 hiapies -FL 34104 f�M) 403,2440 RELEASE AND SPTf OF UEN WAYAt ALL 1404 BY THESE PRESEEN'rS, Thal the BOARD CF Cf-AAfTY co#AMWtOVIERS OF CMIER CXCAJIvWe, FLOMDA is the oAT4er and h *Vlet P. a ce-ri-a-in 6ex, by ail ordier eyee-sited by 6-pe, sperAall l Azzfer asa4vst F-1- 341,03 The lien was recorded on 31712005, Official Record Book 374713747 Page 084710848, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of Seven Hundred Sixty Nine and Twenty 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: 2101 Sunshine Blvd. Cost: $769.24 Reference; OSM 200409039512004090396 Folio: 36114350008 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 Satisfacflon 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 By: as to Steven 0. Griffin Assistant County Deputy Clerk nd 199A sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By FRED W. COYLE, Chairman Agenda Item No. 16A15 December 13, 2005 Page 1 of 3 - EXECUTIVE SUMMARY Recommendation to approve final acceptance of water and sewer utility facilities for Bridgewater Bay, Unit One 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 Bridgewater Bay, Unit One 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 2, 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 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 Bridgewater Bay, Unit One, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: Tonia Leavitt, Engineering Services Department Agenda Item No. 16A15 December 13. 2005 Page 2 of 3 COLLIER COUNTY BOARD Of COUNTY COMMISSIONERS Item Number. 16A15 Recommendation tO approve final acceptance of water and sewer utility facilities for Item Summary: Bridgewater Bay, Unit One. Meeting Date: 12/1312005 9'.00:00 AM Approved By Thomas E. Kuck, P.E. ODES Engineering Services Director Data Community Development S ODES Enginearing Sarvicas 1111412005 2:28 P M Servi Environmenffii ua Approved By Pamela Libby Water Operations Manager Data Public Utilities Water 111151200510:29 AM Approved By Paul Mattausch Water Director Date Public Utilities Water 111151200512:10 PM Approved By Stephen L. Nagy Wastewater Collections Manager !Tate Public Utilities Wastewater 11117120053:45 PM Approved By Constance A. Johnson Operations Analyst Daft Community Development S Community Development b 11/227200511:43 AM Environmental 8ervices Environmental Services Admin, Approved By G. George Yiimar Interim Wastowater Director Date Public Utilities wastewater 11122!2005 3:48 PM Approved By Sandra Loa Executive Secretary Date Community Development 6 Community Development i 111212005 5;46 PM Environmental Services Environmental Services Admin. -�--. Approved By Roy B. Anderson, P.E. Public Utilities Engineering Director Data Public Utggies Public Utilities Engineering 1112812006 5:09 AM Approved By Community Development 3 Joseph K. Schmitt Environmental Services Adminstrator bete Community Development S Community Development ♦L 11/2812005 9:06 PM Environmental Services Environmental Services Admin, Approved By OMB coordinator Administrative Assistant Data County Manager's Office Office of Management 8, Budget 1112912005 9:14 AM Approved By Mark isackson Budget Analyst Date County Manager's Office Office of Management L Budget 11129/2005 4:08 PM Approved By Leo E. Ochs, Jr. Deputy County Manager Data Board of County County Managers Office 1113012005 1216 PM Commissioners tt? Ul) M rC)v ro � CS M rC'i 0) T Z �a EE U C: II} Q 31V35 Ol !ON / 7 �iaG1 OtivA3lnO8 NYO0l 553tldnJ IiuGi 301n � _ N1� nNSEI v nou va -- v3NSs Wok o a 4 p O sa SSm - PC LU 2 U NGLGNUNfW � WAFM � O sc- �vssealw anA eunno5 mJ g Asaoan� - �p k' _a s3edtJ � �g _ ° it 31V35 Ol !ON / 7 CL Q LLI CL cQ O F- U 0 z 0 WIN T' H Q 0 C' m �iaG1 OtivA3lnO8 NYO0l 553tldnJ IiuGi 301n � _ N1� nNSEI v nou va -- v3NSs Wok o a 4 p O sa SSm - PC LU 2 U NGLGNUNfW � � O sc- �vssealw anA eunno5 mJ g Asaoan� - �p k' _a s3edtJ � �g _ ° it LIVINGSTON ROM ° 0 z O k� 5QxjI GVOC NOIS.NINI <<s RSiIT J'13d E`oW (IEtiG/ a�� = Gvoe GNlnndieoden LI =e It 0 '1dVN d Allo and 0r �, naonG 3 v nor �u� i,�H'�lWxOb ap �� 8° w� , VA3In0B MNbNj j � Zd 3a �a CL Q LLI CL cQ O F- U 0 z 0 WIN T' H Q 0 C' m Agenda Item No. 16A16 December 13, 2005 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve final acceptance of water and sewer utility facilities for Sterling Oaks, Phase 3A 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 Sterling Oaks, Phase 3A, 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 February 18, 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 Sterling Oaks, Phase 3A, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: Tonia Leavitt, Engineering Services Department Agenda Item No, 16A16 December 13. 2005 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. 15AtS Recommendation to approve final acceptance ofwater and sewer utility facilities for Sterling Item Summary: Oaks, Phase 3A Meeting Date: 12113/2005 9:00:00 AM Approved By Thomas E. Kuck. P.E. COES Engineering Services Director Data Community Development b GOES Engineering Services 11fy2005 2:56 PM Environmental Services Approved By Stephen L. Nagy Wastewater Collections Manager Data Public Utilities Wastewater 111712005 3:44 PM Approved By Pamela Libby Water Operations Manager Date Public Utilities Water 1111 W2005 10:23 AM Approved By Paul Mattsusch Water Director Rate Public UtiSties Water 11!1512005 12 :00 PM Approved By G. George yttmaz Interim Wastewater Director Data Public Utilities WastaWatar 11122M005 3:15 PM Approved By Sandra Lea Executive Secretary Date Community Development d. Community Development L 1112212005 5 :33 PM Environmental Services Environmental Services Admin. Approved By Constance A, Johnson Operations Analyst Date Community Development & Community Development S 11123/2005 5:01 AM Environmental Services Environmental Services Admin. ° Approved By Roy S. Anderson, P.E. Public Utilities Engineering Director Date Public Utilities Public Utilities Engineering 11128120054 :38 AM Approved By Community Development 5 Joseph K. Schmitt Environmental Services Administrator Date Community Development d Community Development & 1112812005 8:47 PM Environmental Services Environmental Services Admin. Approved By OMB Coordinator Administrative Assistant Data County Manager's Office Office of Management 5 Budget 1112512005 0:04 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 111251200512:04 PM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County County Manager's Office 111301200510:52 AM Commissioners COtf3cM QN O _� M p ,- c p Z D c� a- E U c Q 0) cm Q W O Q �Y Sn m U z O Z 1- S N O °V F- F¢- STERLING N W k Y Nld� - O Of m go Jje � O o IR3. SEREHII GRCLE C Y Q Q O a Z ° Z Y 's a W 3NJ5 Ol ION / 7 0.04 W V J TQ II Q a M y a m a O W a Ll OtlON NO150WAI1 ( i Yi ��j wRRI) HSN NVJrt3J I� QO OVOtl NOLSONIM 3, IT ¢ F ; WOtl DNITNd-LIOdNIV ck 4b 5�>i F< F i3 v a m W< Y� YO W �° U W g rv5 �.SO - .� fn SJ w��j <z ! ��� FAANKBWLEV PD IO R. &Stl ana UYOtl 311TOppJ 3lOV I i� � o 1 ppF c =�y 1L (U S, 411 I (IF S "N IT- III, IWVl �w ¢ TNAIAMITM r I tl =33z � z z® T uwe -JI 5 u W - 3Ntl 1119tl30NVA fl I � o �<y � L'�✓ �mW GULF OF MEXICO 0.04 W V J TQ II Q a M y a m a O W Agenda Item No. 16A17 December 13, 2005 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve final acceptance of water and sewer utility facilities for Sterling Oaks, Phase 4 aka Sanctuary Pointe, Phase 2, Deer Creek, Phase 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 Sterling Oaks, Phase 4 aka Sanctuary Pointe, Phase 2, Deer Creek, Phase 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 April 22, 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 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 Sterling Oaks, Phase 4 aka Sanctuary Pointe, Phase 2, Deer Creek, Phase 2, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: Tonia Leavitt, Engineering Services Department Agenda Item No. 16A17 December 13, 2005 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. 16A17 to final acceptance of water and sewer utility facilities for Sterling Item summary: Recommendation approve Oaks, Phase 4 aka Sanctuary Points, Phase 2, Dear Creek, Phase 2, Meeting Date: 1211312005 9:00:00 AM Approved By Thomas E. Kuck. P.E. CDES Engineering Services Director Data Community Development & CDES Engineering Services 117272005 2:56 PM Environmenta l Sery ices Approved By Stephen L. Nagy Wastewater Collections Manager Data Public Utlibias Wastewater 111;2005 3:50 PM Approved By Pamela Libby Water Operations Manager Date Public Utilities Wader 111 &21105 10:24 AM Approved By Paul Mattausch Water Director Data Public Utli ies Water 1111612DOS 12:00 PM Approved By Constance A. Johnson Operations Analyst Dam Community Development & Community Development & 11122r200S 12:06 PM Environmental Services Environmental Services Admin. Approved By G. George Yilmaz Interim Wastewater Director Date Public Utilities wastewater 11722!2005 3:17 PM Approved By Sandra Lea Executive Secretary Date Community Development & Community Development & 11123(2006 5;35 PM Environmental Services Environmetdal Services Admin. ^ Approved By Roy 8, Anderson, P.E. Public Utilities Engineering Director Data Public Utilities Public Utilities Engineering 1112072005 4:39 AM Approved By Community Development & Community Joseph K Schmitt Services Adminstrator Date Community Development & Community Development & 1112672005 SAS PM Environmental Services Environmental Services Admin, Approved By OMS Coordinator Administrative Assistant Dote County Manager's Office Office of Management & Budget 1112912005 9:04 AM Approved By Mark isackson Budget Analyst Date County Manager's Office Office of Management & Budget 11129/2005 12:12 PM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County Commissioners County Manager's Office 11/3072005 10:54 AM P- LC3 M Q O O �NM T M N a T 0) } E W 0 C Q r `ga . bj - Lu N O oP Z 0 t'G W y N 'may N o < r- ST[ w Nld O s O m Fp 0. Z 00 �6 CSO d ¢ 3i� d d PO �J �, SERENITY LIR E T Y Im J o � a U N Z W Z Y ¢ N 3 3WM W ION / 7 Q W v , Ta O F— Q ' 0, J d W to S CL 0 Z J W N j 0 a xi as QYOtl NOISONIM NO) w y( ( Ntl0O3d Y1. aroe Nolsorann i� < m u _ _ ll[ N O) OYOtl �JNITIfId'lifOdtllY Z H -'OQ ij„ ° -gW rvs �a dam^ fory w U d �•y.� I _ z I I � xg ¢�� J of i "� LEV ` FRANKS RD (C R. &511 OYDb 311T One 3yMyyJV ODC lw�l off° ., ^� lu'S'n1 Trill lW RW1 Rnn (u � w= Qw .MIU« o °s� 1 iJ �m >s i3r3s � Z �I w Ilos e of 3 / z� v w 3Ntl 1lIBtl30NYA O w "e J w w im GULF OF MEXICO Q W v , Ta O F— Q ' 0, J d W to S CL 0 Z J W N Agenda Item loo. 16A18 December 13, 2005 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve final acceptance of water utility facilities for Twin Dolphins 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 Twin Dolphins 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 March 2, 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 Cash Bond in the amount of $1,886.43, 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 Twin Dolphins, and release the UPS to the Project Engineer or the Developer's designated agent. -- PREPARED BY: Tonia Leavitt, Engineering Services Department Agenda Item No. 16A18 December 13. 2005 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS .--. Item Number. 16A18 Item Summary: Recommendation to approve final acceptance of water utility facilities forTwin Dolphins. Meeting Date: 12/13!2005 9:00:00 AM Approved By Thomas E. Kuck, P.E. CDES Engineering Services Director Date Community Development & ODES Engineering Services 111712005 1116 AM Environmental Services Approved By Pamela Ubby Water Operations Manager Data Public Utilities Water 111131200510:24 AM Approved By Paul Mattausch Water Director Data Public Utilities Water I VIV2005 12:01 PM Approved By Camstance A. Johnson Operations Analyst Data Community Development & Community Development & 111221200512:09 PM Enviromnental Services Environmental Services Admin. Approved By Sandra Lea Enecutive Secretary Date Community Development& community Development& 11122)20055;35 PM Environmental Services Environmental Services Admin. Approved By Roy B. Anderson, P.E. Public Utilities Engineering Director Date Public Ufilitios Public Utilities Engineering 11128120054:39 AM Approved By Counity Development & mmEnvironmental Joseph K Schmitt Services Adminstmtor Date Community Development & Community Development & 1112912005 8:45 PM - Environmental Services Environmental Services Admin, Approved By OMB Coordinator Administrative Assistant Date County Managers Office Office of Management & Budget 1112912005 9:05 AM Approved By Mark Isockson Budget Analyst Date County Managers Office Office of Management & Budget 111291200512:45 PM Approved By Lee E. Ochs. Jr. Deputy County Manager Date Board of County County Manager's office 11130Y290910:56 AM Commissione rs CO LO M r CD — Q p O cD r C'i 0 � r � ECCa � C V RS � �r) C C} Q 3 m 0110N a L n LLI a ir o aoa� EL o B� 5 Cam B;Vp. 4S �a A Lo cQ L W CL 0 F- u 0 N ZI 3 r T M ° b� NIHalO(i U O j U 5 \ 1 < S u W i J o s 1 dJ U, a 1 1 4 � 1 1 1 � ° l 1 1 1 1 3 m 0110N a L n LLI a ir o aoa� EL o B� 5 Cam B;Vp. 4S �a A Lo cQ L W CL 0 F- u 0 N ZI 3 r Agenda Item No. 16A19 December 13, 2005 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve final acceptance of water utility facilities for Arielle at Pelican Marsh, Phase 3 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 Arielle at Pelican Marsh, Phase 3 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 27, 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), 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 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 Arielle at Pelican Marsh, Phase 3, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: Tonia Leavitt, Engineering Services Department Agenda item No. 16A19 December 13. 2005 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISMONERS Item Number. 16A49 a... Recommendation to approve final acceptance of water utility facilities for Adeile at Pelican Item Summary: Marsh, Phase 3. Meeting Date: 12/13/2005 8:00:00 AM Approved By Thomas E. Kuck, P.E. CDES Engineering Services Director Date community Development & CDES Engineering Services 14!7!2009 8:16 AM ic Environmental Sery es Approved By Pamela Libby Water Operations Manager Data Public Utilities Water 1111 512 005 10:24 AM Approved By Paul Mattausch Water Director Date Public Utilities Water 111512006112:01 PM Approved By Constance A. Johnson Operations Analyst Date Community Development& Community 0e 10pmem& 411221200612:10 PM Environmental Servicas Environmental Services Admin, Approved By Sandra Lea Executive Secretary Date Community Development & Cananunity Development & 1112X2045 5:37 PM Environmental Services Environmental Services Admin, Approved By Roy B. Anderson, P.E. Public Utilities Engineering Director Date Public Utilities Public Utilities Engineering 11128120054:40 AM Approved By community Development & Joseph K Schmitt Environmental Services Administrator Dale Commurulty Development & Community Development & 1412812005 8:48 PM --°^ -. Environmental Servicas Environmental Services Admin, Approved By OMB Coordinator Administrative Assistant Date County Manager's office Office of Menegamarit & Budget 11129126059:06 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 11/2912005 12:61 PM Approved By Lee E. Ochs, Jr. Deputy County Manager Date Board of County County Manager's Office 11f9o1200610:68 AM Commissioners CD � QN O Ce) T C, CD T Z Q b E �CC a) C W m U C O cm 31tl05 OI 1ON / 7 3 (6 1Mn OB 11Nn (Np) vz [C 11N1 NOIMIIINIIH o 531v153 31YD N30lOD 531Y153 3lY If3O1pD N(Itltt) SOY 3NN SObv�.3NN 31Y153 31Y'J N3ClpO � * 6 N ll3bdwV0 �'16� 9rt1] xWNADJ i i10] Q N - S[31tl1Stl31N � _w ^ £ � � Ew N ucai d �9 U u7 � ltl NtlO N M (lf J) OVOa ONnlne /1EOdtlla cD N if] I h Oa Oa 'JNII'nd- laOdaw UH qY CT c0 HSaYW Ntl]IT3A a x oEli - S !n � Q 133x15 3aIHSNa39 Z < ] SW ' W 133a1S Oa0JX0 _ ' � � �_� NDTINV] _� m 5 ij D_ m Z ao - O x � V) 133x15 x355n5 / C~- O Q Q bO 0v 4YM so m CPy�P 73NOY1 as r Y� Y u D H Q co v .(.1 � AVa '33.5 111N311N + O of by $4B VlSnOntl OOON' a- 3/53,Nµ ° DNA WOb 31.:3,0OO'J 3a], OOG uG ppNY CT. < < 115g'tl'O1 O Obbn3lOOg NNVai� s ff n�Q 2 Q J 0 I 2 8 s 31tl05 OI 1ON / 7 LU F- U) cQ 0 Q U J y 2 a y Q J W IL Q W J J W Q II lVM (6 1Mn OB 11Nn (Np) vz [C 11N1 NOIMIIINIIH o 531v153 31YD N30lOD 531Y153 3lY If3O1pD N(Itltt) SOY 3NN SObv�.3NN 31Y153 31Y'J N3ClpO � * 6 9rt1] xWNADJ i i10] m S00°M 553aA.lJ �< - S[31tl1Stl31N � _w ^ £ � � Ew �9 NO15ONAll� -.0 NOISONINI c0 HSaYW Ntl]IT3A oEli - ] SW ' m1° _ OVOtl ONITInd- 1bOdtlIV � � �_� NDTINV] _� ij so m gy as r Y� • Y° mg a + $4B ° DNA WOb 31.:3,0OO'J 3a], OOG uG 115g'tl'O1 O Obbn3lOOg NNVai� s n�Q Il0 "s'nl llVal IWVIWV; }° rN llr S -N liVbl I Iwtll � w L. H �°° G o� p �a _N m Je JL- a u millimillown LU F- U) cQ 0 Q U J y 2 a y Q J W IL Q W J J W Q Agenda Item No. 16A20 December 13, 2005 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve final acceptance of water and sewer utility facilities for Bent Grass Bend 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 Bent Grass Bend 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 August 29, 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 Bent Grass Bend at Pelican Marsh, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: Tonia Leavitt, Engineering Services Department Agenda Item No. 16A20 December 13. 2005 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. 16A20 .-._ to approve final acceptance of water and sewer utility facilities for Bent Item Summary: Recommendation Grass Bend at Pelican Marsh. Meeting Date: 12113/2005 9:0D:00 AM Approved By Thomas E. Kuck P.E. CDES Engineering Services Director Data Community Development & ODES Engineering 9ervlcos 1111412005 2:19 PM Environmental Services Approved By Pamela Libby Water Operation Manager Data Public Utilities Water 11/151200510:25 AM Approved By Paul Mattausch Water Diractor Date Public Utilities Water 11/1572005 12:02 PM Approved By Stephen LNagy Wastewater Collections Manager Daft Public Utilities WBStrWater 1111712005 3:38 PM Approved By Constance A. Johnson Operations Analyst Date Community Development i Community Development & 11M212005 12:10 PM Environmental Sorvices Environmental Services Admin, Approved By G. George Yiimar Interi t Wastowater Director Date Public Utilities Wastewater 11/2212005 3:18 PM Approved By Sandra Los Executive Secretary Qab Community Development & Community Development& 11/2272005 5:37 PM Environmental Services Environmental Services Admin, Approved By Roy B. Anderson, P.E. Public Utilities Engineering Director Date Public Util0las Public Utilities Engineering 1112812005 4:40 AM Approved By Community Development i Joseph K. Schmitt Environmental Services Adminstrator Date Community Development & Community Development & 11128!2005 8:48 PM Environmental Services Environmental Servlcas Admin. Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 1112912005 9:08 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 11128!200512:67 PM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County County Manager's Office 1113012005 10:59 AM Commissioners O Ufi M CN O a.._ < � O M r CY) a) C r aI Z a`) a. S3 E V a� W6 J 3llsyry J J oa i nal 3015N3380 9ENQ r u eRpSVE F ` Z g o W p v J < DORMIE DRIVE AtlM 3415M33aJ N Z 3 Q a _ °o N a a a S' v �p� J (Il 31noa 'S'N I;Laou vvai Irvvlwvi 3TrDS of iDU / 7 TQ W v i ■ Z O F- U m J U J O O } 2 O J O U } Q m F Q N W �W 2 H Q 0 W m 0 I sa h a. ry OVOtl N.-NI-1 1O a 3: u = W } i� _ ggW avouoranndiaoean' 5 kri O G., �< W c� u w w ry a S"d ¢S _ U 7 n '" z °d W € w 1 Ond QyOb Ly3lUppp 3lpv ppL R? 1 - oa Y rc p - td < (I's n) 3lrm —ftw L,US " " o, ".-aNVA 3 n � I n GULF OF MEXICO j TQ W v i ■ Z O F- U m J U J O O } 2 O J O U } Q m F Q N W �W 2 H Q 0 W m 0 I Agenda Item No. 16A21 December 13, 2005 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve final acceptance of water and sewer utility facilities for Heritage Greens, Phase 1 -A 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 Heritage Greens, Phase 1 -A 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 January 7, 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 Heritage Greens, Phase 1 -A, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: Tonia Leavitt, Engineering Services Department Agenda Item No. 1i3A21 December 13. 2005 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. 16A21 Recommendation to approve final acceptance of water and sewer utility facilities for Herhage Item Summary: Greens, Phase 1 A. Meeting Date: 12/1312005 9:00:00 AM Approved By Thomas E. Kuck, P.E. CDES Engineering Sarvices Director Data Community Development & COES Engineering Services 1111412005 2:20 PM Environmental Services Approved By Pamela Libby Water Operations Manager Dab Public Utilities Water 1111512005 10:25 AM Approved By Paul Madausch Water Director Date Public Utii ies Water 11115(2005 12:03 PM Approved By Stephen L Nagy Wastewater Collections Manager Date Public Utilities WasteWater 11117/2005 3:39 PM Approved By Constance A. Johnson Operations Analyst Data Community Development & Community DeveloPme"t & 11122I200512:40 PM Environmental Services Environmental Services Admin. Approved By G. George Y €h m €nterim Wastuwater Director Date Public Utilities Wastewater 111=005 3:24 PM Approved By Roy B, Anderson, P.E. Public UbliUes Engineering Director Date Public Utilities Public Utilities Engineering 11/2812005 4:41 AM Approved By Send. Lee Executive Secretary Data Community Development & Community Development & 1112812005 8:06 AM Environmental Services Environmental Services Admin. Approved By Community Development & Date Joseph K. Schmitt Environmental Services Adminstrator Community Development & Community Development & 11!2812005 5:58 PM Environmental Services Environmental Services Admin, Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 1112912005 9:09 AM Approved By Mark €sackson Budget Ans €yst Date County Manager's Office Office of Management & Budget 11128120051:01 PM Approved By Leo E. Ochs, Jr, Deputy County Manager Date Board of County County Manager's Office 111301200511:00 AM Commissioners /k% 2C14� 0— \ E ƒ� /$ kk \ « 3wos cla Z CL Q � W Co El I W r � L� ) B � Q � Z O' � Q V O J �- a ! j� j7 ! - , /r § \ /| ; UJ / \ � r »S 3�VlSb3l- -. \ CL Q � W Co El I W r � L� ) B � Q � Z O' � Q V O J Agenda Item No. 16A22 December 13, 2005 Page 1 of 3 -- EXECUTIVE SUMMARY Recommendation to approve final acceptance of water and sewer utility facilities for Habitat Village 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 Habitat Village 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 June 28, 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 Habitat Village, and release the UPS to the Project Engineer or the ,--- Developer's designated agent. PREPARED BY: Tonia Leavitt, Engineering Services Department Agenda Item No. 1 W2 December 13. 2005 Page 2 of 3 COLLIER COUNTY BOARD Of COUNTY COMMISSIONERS Item Number. 15A22 �. Recommendation to approve final acceptance of water and sewer utility facilities for Habitat Item Summary: village. Meeting Date: 12113/2005 9.00'00 AM Approved By Thom" E. Kuck, P.E. CDES Engineering Samicas Director Data Community Development & CDES Engineering Services t i114t2005 2:20 PM Environmental Services Approved By Parnala Libby Water Operations Manager Data Public Utiftbes Water 111151200510:26 AM Approved By Paul Mattausch Water Director Data Public Utilities Water 11M &200512:03 PM Approved By Stephen L. Nagy Wastewater Collections Manager Dab Public Utilities Wastewater 11!17120051:38 PM Approved By Constance A. Johnsen Operations Analyst Data Community Development & Community Development & 1112 212 00 5 12:41 PM Environmental Services Environmental Services Admin, Approved By G. George Y€ima: Interim Wastewater Director Date Public Utilities Wastewater 11!2212006 3:25 PM Approved By Sandra Lee Executive Secretary Date Community Development& Community Development 11122120055:38 PM Environmental Services Environmental Services Admin. Approved By Ray 8, Anderson, P.E. Public Utilities Engineering Director Date Public Utilities Public Utilities Engineering 1112812005 4:41 AM Approved By Community Development & Date Joseph K. Schmitt Environmental Services Adminstrator Community Development & Community Development& 1112872005 8:00 PM Environmental Services Environmental Services Admin, Approved By OMB Coordinator Administrative Assistant Date County Managers office Office of Management & Budget 1112912005 4:10 AM Approved By Mark Isackson Budget Analyst Data County Manager's Office Office of Management & Budget 1112,11=051:04 PM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County Commissioners county Manager's Office 11!301200511:02 AM __ arr //± /2\ E/� 22 // CD 3 !! w r § / 2 * e � 2 k 72 � ƒ§ m {(� � . ! ) �! }! 01 !ON CL Q � W � � � Q � Z O Q� V O � cm § § § _ - ar q- 0 !._ E§ <, !! | E g = wa`_� =�_ ! § a ! ! ! PC ■!: �/ Li CL Q � W � � � Q � Z O Q� V O � cm § § Agenda Item No. 16A23 December 13, 2005 Page 1 of 3 -- EXECUTIVE SUMMARY Recommendation to approve final acceptance of water and sewer utility facilities for Glen Eden, Phase II 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 Glen Eden, Phase II 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, 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 (t) 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 Glen Eden, Phase II, and release the UPS to the Project Engineer or the -- Developer's designated agent. PREPARED BY: Tonia Leavitt, Engineering Services Department Agenda Item No. 18A23 December 13. 2005 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. 15A23 Recommendation to approve final acceptance of water and sewer utility facilities for Glen Item Summary: Eden, Phase II. Meeting Date: 12113!2005 9:00:00 AM Approved By Thomas E. Kuck. P.E. CDES Engineering Services Director Date Community Development & CDES Engineering Services 1171412005 2:21 PM Envimmerdai Services n Approved By Pamela Libby Water Operations Manager Data Public Utilities Water 11!1512005 10:28 AM Approved By Paul Mattausch Water Director Date Public Udiities Water 1111 &200512:04 PM Approved By Stephen L Nagy Wastewater Collections Manager Date Public Utilities Wastewater 1111712005 3:34 PM Approved By Constance A. Johnson Operations Analyst Data Community Development & Community Development & 11/222005 12:41 PM Environmental Services Environmental Services Admin. Approved By G. George Yiimu Interim Wastewater Director Dato Public Utilities WastalAi der 11/222005 3:28 PM Approved By Sandra Las Executive Secretary Date Community Development & Community Oevelopment8 1112212005 5:38 PM Environmental Services Environmental Somioes Admin. Approved By Roy B. Anderson, P.E. Public Utilities Engineering Oirector Date Public Utilities Public Utilities Engineering 11{2812505 4:42 AM Approved By Community Development & Joseph K Schmitt Environmental Services Administrator Date Community Development & Community Development & 11/2812005 9:00 PM Environmental Services Environmental Services Admin. Approved By OMB Coordinator Administrative Assistant Data County Manager's Office Office of Management & Budget 1112912005 9:11 AM Approved By Mark Isacli Budget Analyst Date County Manager's Office Office of Management & Budget 1 112 912 005 1:08 PM Approved By Lao E. Ochs, Jr. Deputy county Manager Daft Board of County Cammissioners County Manager's Office 11130124D511:04 AM __. Cr) CY3a) o o E/ 7$ -00 ¢ § - §7 - K , { \ . \ ^ :§ 11-4- � Q � W � Q � Z O � Q U O J 2 � 2 K ) / ) •@ ®� k! El I - �~ .�\ } iHi ©® y« ) G3 ` e yy G ) � :& &� - j � ` e, \ }! ! { ;2 g (/; z� \ � ! GULF OF MEXICO � Q � W � Q � Z O � Q U O J 2 � 2 K ) Agenda Item No. 16A24 December 13, 2005 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve final acceptance of water and sewer utility facilities for Glen Eden Lakes, Phase I 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 Glen Eden Lakes, Phase I 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 December 3, 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 Glen Eden Lakes, Phase I, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: Tonia Leavitt, Engineering Services Department Agenda Item No. 16A24 December 13, 2005 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. 16A24 Recommendation to approve final acceptance of water and sewer utility facilities for Glen Item Summary: Eden Lakes, Phase 1. Meeting Date: 12/13/2005 9;00:00 AM Approved By Thomas E. Kuck, P.E. CDES Engineering Services Director Data Community Development & ODES Engineering Services 1171412005 2:22 PM Environmental Services Approved By Pamela Libby Water Operations Manager Dab Public Utilities Water 1111 512005 1 0:25 AM Approved By Paul Mattausch Water Director Date Public Utilities Water 1 111 51200 8 1 2:05 PM Approved By Stephen L. Nagy Wastewater Conections Manager Date Public UldIrdes Wastewater 1111712005 3:40 PM Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & 11MV2005 11:37 AM Environmental Services Environmental Services Admin, Approved By G. George Yilmax Interim WasteWater Director Date Public Utilities Wastewater 1112212005 2:25 PM Approved By Sandra Las Executive Secretary Dote Community Development & Community Development& 11122,12005 5:41 PM Environmental Services Environmental Services Admin. Approved By Roy B. Anderson, P.E. Public Utilities Engineering Director Date Public Utilities Public Utilities Engineering 11/25/2005 4:42 AM Approved By Community Development & Date Joseph K. Schmitt Environmental Services Adminstrator Community Development & Community Development & 11/2512005 9:02 PM Environmental Services Environmental Services Admin. Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 11129120069:11 AM Approved By Mark lsackson Budget Analyst Date County Manager's Office Office of Management & Budget 11128120051:11 PM Approved By Lee E. Ochs, Jr. Deputy County Manager Date Board of County County Manager -s office 1113012ODS 11:54 AM Commissioners ll�— to M CN O < N O CO co r � � Z a) a. L -0 YE C � U "a O C � Q) Cm Q l a a � S II � z w O F ~¢ rn U m O x a 0 0 3n v zol ' 4 - o � �� 1N1aamN x i3 3NVl 3V31 N tl8 (1068 J) 3AIa01118a30NVA 006 b'0) 3AIao 111R830N. o� o� > W _ �� W J O W 3 p ✓ W3�0W-11. Q O F W 0 S 3 � N y < o W U Q m U w 31YO5 01 ION / 77 I.L. LW V 11 O F— V O z Q W Q W 59 w 4 -_0b N,,,-on (WO) ¢ HEBYR NYJn3d N_ 14 '„ _ ^a� � ry Al Otl08 NOISDNIAII I a i� � p� 13 � ¢ ' ¢_� El l¢� OVOa DNITnd1110da1V w ; gS7O. - g�a y€ � ` � ¢ FRANK BOUIEV RD l OYoa 311310000 3bJV S as U O Ypy, OOL ggm z'� OJ �¢ u� Ilt's'n) llVtllI IWV1 a as. <LI TNNVJA w 1 rco �.O E¢ ¢'n �V z �vi < imw~ ? z m n I'o } w 1106 "d OI 3AIa 1lIBtl30NVA L 0 'go mg a F-R-- r°<' e bg xm w GULF OF MEXICO I.L. LW V 11 O F— V O z Q W Q W 59 w Agenda Item No. 16A25 December 13, 2005 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve final acceptance of water and sewer utility facilities for Forest Park, Phase 1 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 Forest Park, Phase 1 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 March 9, 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 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 Forest Park, Phase 1, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: Tonia Leavitt, Engineering Services Department Agenda Item No. 16A25 December 13, 2005 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. 16A25 Item Summary: Recommendation to approve final acceptance of water and sewer utility facili ies for Forest Park, Phase 1. Meeting Date: 1213/2005 9:00:00 AM Approved By Thomas E. Kuck, P.E. CDES Engineering Services Director Data Community Development & Environmental Services CDES Engineering Services S 1MV2005 2:22 PM Approved By Pamela Libby Water Operations Manager Data Public Utilities Water 1111512005 10:27 AM Approved By Paul Mattausch Water Director Date Public Utilities Water 111157200517.07 PM Approved By Stephen L Nagy Wastewater Collections Manager Date Public Utilities Wastewater. 11117/2005 3:40 PM Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development E Environmental Services Environmental Services Admin. 1112 712 0 05 11:38 AM Approved By _ G. Geoege Ygmaz interim Wastowater Director Data Public Utilities Wastewater 11/2212005 3:29 PM Approved By Roy B. Anderson, P.E. Public Utilities Engineering Director Date Public Utilities Public Utilities Engineering 11121212005 4:43 AM Approved By Sandra Lea Executive Secretary Date Community Development & Community Development S Environmental Services Environmental Services Admin. 1112812005 8:09 AM Approved By Community Development & Joseph K. Schmitt Environmental Services Adminstrator Date Community Development S Community Development& Environmental Services Environmental Services Admin, 1112812005 9:02 PM Approved By OMB Coordmatar Administrative Assistant Date County Manager's Office Office of Management & Budget 11/2912005 9:12 AM Approved By Mark lsackson Budget Anslyst Data County Manager's Office Offics of Management & Budget 11128120051:17 PM Approved By Leo E. Ochs, Jr. Deputy County Manager Dab Board of County Commissioners County Manager °s Office 11130/2005 11:55 AM Lo Lo M do 0 Co M p eM- m Ema E v v� �v C v Q 31rn5 Ol ON 1 ■ ■NNM�.■ �� ii Immmm '� -d -tl� rn3inoe d3mm ass � � � oil i 4�u ray OtlY�31 OB tl31100 MOOaa3lp]r5 _ � � m m S WSJ i mill s 3M a. U :: �'`i Es■■i■u■■■■■n ` Room w n 3 $� 3-1 s.s a 3W�� _ < gJ °k� �N �¢ 8E - m _ NO-1— �€ 31rn5 Ol ON a LU U) CL TQ 0 Q U O W Z 0 W T Q D- LL '� -d -tl� rn3inoe d3mm ass � � � se i 4�u ray OtlY�31 OB tl31100 MOOaa3lp]r5 _ � � m m S WSJ i s 3M U ` w n 3 $� 3-1 s.s a 3W�� _ < gJ °k� �N �¢ 8E - m _ NO-1— �€ ° � o � o '1x3 adrn3inae 0 O o S[-31Y1Sd31N1 ol � �¢ W u� aH W �g1° 'JlflBN3l1iHN MNOd W— > N £ £N u s3.ri a a ;d tl31M d 2EW bW OOCM3 drN �¢`Q o� a LU U) CL TQ 0 Q U O W Z 0 W T Q D- LL Agenda Item No. 16A26 December 13, 2005 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve final acceptance of water and sewer utility facilities for Eden on the Bay 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 Eden on the Bay 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 May 2, 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 Eden on the Bay, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: Tonia Leavitt, Engineering Services Department Agenda Item No. 16A26 December 13, 2005 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. 16A28 Item Summary: Recommendation to approve final acceptance ofwater and sewer utility facilities for Eden on the Bay. Meeting Date: 120312005 9:00:00 AM Approved By Thomas E. Kuck, P.E. ODES Engineering Services Director Date Community Development i Environmental Services COES Engineering Services 11114!2005 2:22 PM Approved By Pamela Libby Water Operations Manager Be" Public Utilities Water 1 111 W2006 10:27 AM Approved By Paul Mattausch Water Director Date Public Utilities Water 1111572005 12:08 PM Approved By Constance A. Johnson Operations Analyst Date Community Development S Community Development i Environmental Services Environmental Sarvicas Admin, 111221200511:38 AM Approved By Sandra Lea Executive Secretary Date Community Development d Community Development i Environmental Services Environmental Somims Admin. 1IIZV2005 5:42 PM Approved By Roy B, Anderson, P.E. Public Utilities Engineering Director Date Public Utilities Public Utilities Engineering 11/2812005 5:05 AM Approved By Stephen L. Nagy Wastewater Collections Manager Date Public Utilities Wastewater 1172812005 6 :42 AM Approved By G. George Yilmaz Interim WasteWater Director Date Public Utilities Wastewater 11128t2005 1D:20 AM Approved By Community Devolopmsm i Joseph K. Schmitt Environmental Services Adminstrator Date Community Development i Community Development i Environmental Services Environmental Services Admin. 11128/2005 9:03 PM Approved By OMB Coordinator Adrnmisfrafivo Assistant Date County Manager's Office Office of Management i Budget 11129,12005 9:12 AM Approved By Mark Isecksan Budget Analyst Date County Manager's Office Office, of Management i Budget 11129120951:20 PM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County Commissioners County Manager's Office 111301205 11:57 AM cc L0 M CN Q O d (D 04 M T C15 CD p T LT Eta 0 E Qi c a) cm 3wm 01 ioN / � I m U Nsav U m w gZ a Nn .�3wiwe Q, � (,os -a o) anlaa nleddolurn poero'a) anwo aaaaowvn ry gMYry n us o ��s < OVOtl NO150WAI1 "a ' HOSE Eg 6E rc� _ _ OYOtl `JNITnd-llgdtllY ' O s qq Q m Q m o P tt t O A" C, Z - m o w J I" �_ EW W� « o �> Fn a 24 Fn U om pO `js�� I °oo # W € � °>Y a and ovoa 3una000 3wm 01 ioN / TQ W cn Q m 0 Z w cQ L O F- U O J N' � I nroa) av�rt3e Nsav �g xY _ oa°S m " li ry gMYry us < OVOtl NO150WAI1 Eg 6E _ _ OYOtl `JNITnd-llgdtllY ' s A" 3 - w J I" �_ EW �: a= y ps i 24 `js�� I # W € � °>Y and ovoa 3una000 I � w �� \ N �) i n3V109 HNYHi 3� -VA p u" w O - Il9 S'nl lrol111 wYl a„ ° d ° ' 8 "z= iMMPMITPAK (U.S. _ an IJ �� / � (la _d �I y 3nlN i�letl3aNYn n m$ GULF OF MEXICO TQ W cn Q m 0 Z w cQ L O F- U O J N' Agenda Item No. 16A27 December 13, 2005 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve final acceptance of sewer utility facilities for Capistrano at Grey Oaks 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 Capistrano at Grey Oaks 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 December 7, 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 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 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: That the Board of County Commissioners, Ex- Officio the Governing Board of the Collier County Water -Sewer District, accept the sewer facilities for Capistrano at Grey Oaks, and release the UPS to the Project Engineer or the Developer's designated agent. Prepared by, Tonia Leavitt, Engineering Services Department Agenda Item No. 16A27 Demmber 13. 2005 Page 2 of 3 COLLIER COUNTY BOARD Of COUNTY COMMISSIONERS Item Number. 16A27 Item Summary: Recommendation to approve final acceptance of sewer utility facilities for Capistrano at Grey Oaks. Meeting Date: 12!1312005 9:00:00 AM Approved By Thomas E. Kuck, P.E. COES Engineering Samicas Director Date Community Development & Environmental Services CDES Engineering Services 1 111412005 2:23 PM Approved By Stephen L. Nagy Wastewater Cotlections Manager Data Public Utilities Wastewater 111I712005 3:41 PM Approved By Conamnce A. Johnson Operations Analyst Data Community Development & 'Community Development 5 Environmental Services Environmental Services Admin, 111221200511:41 AM Approved By G. George Yllmaz Interim Wastewater Director Date Public Utilities wastewater 1112212005 3:35 PM Approved By Sandra Loa Executive Secretary Data Community Development 3 Community Development i Environmental Services Environmental Services Admin, 111222005 5:44 PM Approved By Roy B. Anderson, P.E. Public Utilities Engineering Director Data Public Utilities Public Utilities Engineering 1112512005 5AR AM Approved By Community Development 5 Joseph KSchmKt Environmental Services Adminstrator Date Community Development & Community Development d Environmental Services Environmental Services Admin. 11125/2005 9:04 PM Approved By OMB Coordinator Administrative Assistant Data County Manager's Office Office of Management S Budget 1112912005 4:26 PM Approved By Mark I ... ksan Budget Analyst Date County Manager's Office Office of Management R Budget 11129,2005 5:20 PM Approved By Leo E. Ochs, Jr. Deputy County Manager oat. Board of County Commissioners County Manager's Office 1 113012005 12:00 PM ice- LO M N O � <C) O r M CV) fi: O T p1 CL E - - 0 N U N OM � o� OWA31r= NVOM 2 j, u �e u Np1LVLNYId zz IN 3 S g °sn i rMwro�L g .erg. W Q) 8 LU 5 of F Z u -3iv 1.55 LS nOL � � 'JY3Rf3LLIHM ✓� o� 5u y w 11J O w w $si �V tg�${ ¢y�,g w g ¢'�pF 3w � Q s ii o �p _ J 9 awaNaLaerenn A @ WDM NClS'JNIM LN3YC6Y3 i a n � 1K31135v3 "1 9 d ! J �S OAS I � N tl0 SNTD tiitD 3 5 Y O � x 0 (f 3 m O .. / 7 CL cQ L W C/) Q 0 Q U O to Q W c� a 0 z a OWA31r= NVOM 2 j, u �e u Np1LVLNYId zz IN 3 S g °sn i rMwro�L .erg. 8 LU 5 of F u -3iv O O � � 'JY3Rf3LLIHM ✓� o� 5u y J $si �V tg�${ ¢y�,g w g ¢'�pF 3w e6 ga s ii o �p _ 9 awaNaLaerenn A @ arodnauowL+n ¢o a =a gm - Fg avom Brnrljmow egg , gTff�[-L ❑❑ ran W> N1atl OtRU iYO.W Y LL.II °� -y € and j n �5 U� rys a °yams al b i� CL cQ L W C/) Q 0 Q U O to Q W c� a 0 z a Agenda Item No. 16A28 December 13, 2005 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve final acceptance of water and sewer utility facilities for Calumet Reserve at Lely Resort 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 Calumet Reserve at Lely Resort 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 December 1, 1997. 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 Calumet Reserve at Lely Resort, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: Tonia Leavitt, Engineering Services Department Agenda Item No. 18A28 December 13, 2005 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. 15A28 Item Summary: Recommendation to approve final acceptance of water and sewer utility facilities for Calumet Reserve at Lely Resort. Meeting Date: 12!1372005 0:00:00 AM Approved By Thomas E. Kuck, P.E. CDES Engineering Samicas Director Date Community Development & Environmental Services CDES Engineering Services 11114;2005 3:44 PM Approved By Pamela Libby Water Operations Manager Data Public Utilities Water 1111512005 10:29 AM Approved By Paul Mattausch Water Director Data Public Utilities Water 1111 &200512:04 PM Approved By Stephen L Nagy Wastewater Collections Manager Date Public Utilities Wastewater 11117:2005 3:44 PM Approved By Constance A. Johnson Operations Analyst Data Community Developments Community Development& Environmental Services Environmental Services Admin, 11122;200511:42 AM Approved By G. George y1m it interim Waste Water Director Date Public Utilities Wastewater 1112212005 3:45 PM Approved By Sandra Lea Executive Secretary Dab Community Development & Communky Development& Environmental Services Environmental Services Admin. 1112212005 5:45 PM Approved By Roy S. Anderson, P.E, Public Utilities Engineering Director Date Public Utilities Public Utiitties Engineering 1112812005 5:05 AM Approved By Community Development & Joseph K. Schmitt Environmental Services Adminstrator Data Community Development & Community Development & Environmental Services Environmental Services Admin. 11128;2005 9:05 PM Approved By OMB Coordinator Administrative Assistant Data County Manager's Office Office of Management & Budget 11/2912005 9:13 AM Approved By Mark Isackson Budget Analyst Data County Manager's ice Office of Management & Budget 1112912005 4:03 PM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County Commissioners County Manager's Office 11130f200512:15 PM Kf / ƒk\ 62 \ E-0 2% kk ¢ F7 U � LU m% $ °�* § � / �f �} CL Q � W � co LU § § � A Z O Q U O J ,!_ |/� § UJ Ir & & _ amm - -- - -- - --- - - - -s,-- - - -- - - - \ ;; ! §! _ �' >;._ 3 . - - / § \2 , !| � o ■^ CL Q � W � co LU § § � A Z O Q U O J Agenda Item No. 16A29 December 13, 2005 Page 1 of 8 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approve and authorize its Chairman to execute an Interlocal Agreement with the Big Corkscrew Island Fire Control and Rescue District, which will supersede a prior Impact Fee Interlocal Agreement between the parties in order to be consistent with the updated District Fire Protection Impact Fees. OBJECTIVE: That the Board of County Commissioners (Board) approve and authorize its Chairman to execute an Interlocal Agreement with the Big Corkscrew Island Fire Control and Rescue District (Fire District), which will supersede a prior Impact Fee Interlocal Agreement between the parties and provide for (1) the collection of Big Corkscrew Island Fire Protection Impact Fees by Collier County, (2) the remittance of collected impact fees to the Fire District by the County, and (3) annual administrative fees to be retained by the County. CONSIDERATIONS: Collier County and the Corkscrew Island Fire Control and Rescue District currently have an Interlocal Agreement that provides for the collection of Big Corkscrew Island Fire Protection Impact Fees by the County and establishes the administrative fee to be retained by the County. The Interlocal Agreement was executed in the early 1990s and needs to be updated so as to be consistent with the updated District Fire Protection Impact Fees. The proposed Interlocal Agreement provides for the collection of Big Corkscrew Island Fire Protection Impact Fees by the County and establishes a process by which the fees are then remitted to the District. The Agreement further provides for a 1.5% administrative fee to be retained by the County. County staff and the County Attorney's Office have discussed the proposed Interlocal Agreement with Fire District staff and the Fire District's Attorney, and the attached document represents the consensus of all parties. After signature by the County's designee, the Interlocal Agreement will be forwarded to the Fire District for similar action. FISCAL IMPACT: Based on prior year collections and permitting activity, the County collects approximately $300,000 in Big Corkscrew Island Fire Protection Impact Fees per year. Therefore, the County will retain 1.5% of the $300,000 ($4,500) collected in Fire District impact fees to fund the administrative costs related to the collection of the fees. The remaining impact fees are remitted to the Fire District in full as prescribed by the Interlocal Agreement. GROWTH MANAGEMENT IMPACT: Adoption of a new Interlocal Agreement will contribute toward ensuring that sufficient funds are available for capital improvement projects identified by the Big Corkscrew Island Fire Control and Rescue District. Such projects are necessitated by growth and provide a direct benefit to County residents that pay the impact fees. LEGAL CONSIDERATIONS: The proposed Interlocal Agreement is legally sufficient for Board consideration and approval. Interlocal Agreement - Everglades Page 2 Agenda Item No. 16A29 December 13, 2005 Page 2 of 8 RECOMMENDATION: That the Board of County Commissioners approve and authorize its Chairman to execute an Interlocal Agreement with the Big Corkscrew Island Fire Control and Rescue District, which will supersede a prior Impact Fee Interlocal Agreement between the parties and provide for (1) the collection of Big Corkscrew Island Fire Protection Impact Fees by the County, (2) the remittance of collected impact fees to the Fire District by the County, and (3) annual administrative fees to be retained by the County. Prepared by: Amy Patterson, Impact Fee/Economic Development Manager Operations Support and Housing, CDES Agenda Item No. 16A29 December 13. 2005 Page 3 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. 18A29 Item Summary: Recommendation that the Board of County Commissioners approve and authorize its Chairman to execute an Interiocal Agreement with the Big Corkscrew Island Fire Control and Rescue District, which will supersede a prior Impact Fee Interiocal Agreement between the parties in order to be consistent with the updated District Fire Protection Impact Fees. Meeting Date: 12113/2005 9:1)0:00 AM Prepared By Amy Patterson Impact Fee Manager Data Community Development: Financial Admin, 8 Housing 1111312005 6:31:25 AM Enviranmanhtl Services Approved By Sandra Lee Executive Secr Lary Date Community Development & Community Development & 111251200511:33 AM Environmental Servicas Environmental Services Admin, Approved By Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 11128120051:17 PM Approved By Denton Baker Financial Admin A Housing Director Data Community Development 3 Financial Admin. S Housing 11128120051:25 PM Environmental Services Approved By Community Development S Joseph K. Schmitt Environmental Services Adminstr for Daft Community Development 6 Community Development 8 11f1$12005 5:17 PM Erwirenmentel Services Environtnantal Services Admin. Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office at Management R Budget 11/2452005 5:14 AM Approved By Mark €sackson Budget Analyst Date County Managers Offlcq Office of Management S Budget 1 112 912 005 4:18 PM Approved By Michael 9mykowsd Management 8. Budget Director Date County Managers Office office of Management 6 Budget 1212 2005 12:35 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 121512005 5:24 PM Commissioners Agenda Item No. 16A29 December 13, 2005 Page 4 of 8 INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT is entered into this _ day of December, 2005, by and between THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, Florida, as the governing body of Collier County (the "County "), and the BIG CORKSCREW ISLAND FIRE CONTROL AND RESCUE DISTRICT, an independent special district of the State of Florida (the "District "). RECITALS: WHEREAS, the Florida Interlocal Cooperation Act of 1969, Florida Statutes, Section 163.01 (the "Interlocal Act "), authorizes the joint exercise of any power, privilege or authority which the public agencies involved herein might exercise separately; and WHEREAS, the District is an independent fire control and rescue district created and existing under the laws of the state of Florida, particularly Chapter 2000 -395, Laws of Florida, Acts of 2000 (the "Special Act "), and has all powers and authorities enumerated therein and in Florida Statutes Chapters 189 and 191 (the Special Act, as expanded by Florida Statutes Chapters 189 and 191, the `Enabling Act "); and WHEREAS, pursuant to Section 9(2) of the Special Act, the Legislature of the state of Florida has authorized the District to assess and collect impact fees pursuant to chapter 191, Florida Statutes; and WHEREAS, pursuant to Florida Statutes § 191.009(4), the District "may establish a schedule of impact fees in compliance with any standards set by general law for new construction to pay for the cost of new facilities and equipment, the need for which is in whole or in part the result of new construction" within the Jurisdictional Boundaries; and WHEREAS, pursuant to Ordinance 2005 -06, adopted by the Districts Board on October 11, 2005, effective November 1, 2005 (The "Ordinance "), the District established impact fees for new construction within the Jurisdictional Boundaries; and WHEREAS, neither the Interlocal Act nor the Enabling Act requires collection of the impact fees by the County; however, in the spirit of cooperation, and the parties' mutual Page 1 of 5 Agenda Item No. 16A29 December 13, 2005 Page 5 of 8 desire to maintain an efficient building permit process, the District and the County agree to the collection of impact fees under the terms of this Agreement NOW, THEREFORE, in consideration of the premises and for good and valuable consideration, receipt and sufficiency of which is hereby acknowledged by both parties, the parties hereby agree as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. 2. This Interlocal Agreement (hereinafter this "Agreement ") is entered into pursuant to the provisions of Section 163.01, Florida Statutes. Terms and words used in this Agreement shall have the meanings set forth in the Ordinance, a copy of which is attached to this Agreement. 3. The County hereby agrees to assist and cooperate with the District in collecting the District's impact fees imposed within the District's Jurisdictional Boundaries in a manner consistent with the Ordinance, as same may be modified from time -to- time. District shall give County at least 30 days prior written notice of any amendment, modification, or other change to the Ordinance, including but not limited to changes in the rates of impact fees to be assessed. 4. The County shall require, prior to and as condition to the issuance of a building permit, the payment to the County of the impact fee imposed by the Ordinance. All impact fees collected by the County during a calendar month shall be remitted by the County to the District, with interest earned on such fees, prior to the 15a' working day following the last day of the calendar month in which such impact fees are collected. 5. Each party shall have the reciprocal right to review the records of the other as to the receipt, allocation, and expenditure of impact fees, including records as to the issuance of building permits. All such inspections shall be made upon reasonable notice and at reasonable times and place. 6. To reimburse the County for the costs incurred in the collection of the impact fees pursuant to this Agreement, the County shall separately invoice the District for an amount equal to one and one half percent (11/2%) of the total impact fees collected by the County on behalf of the District during each calendar month. The invoice for such reimbursed costs shall be forwarded prior to the fifteenth (15&) working day following the Page 2 of 5 Agenda Item No. 16A29 December 13, 2005 Page 6 of 8 last day of the calendar month in which such impact fees are collected The District shall pay to the County the full amount of such invoice within fifteen (15) working days after receipt of the invoice. The amount paid by the District shall not be a deduction from impact fees. Both parties acknowledge the amount of such reimbursement is equal to the actual cost incurred by the County in the collection of the District's impact fees, including any increase to the County in bonding or surety costs resulting from the handling of these additional monies. 7. This Agreement shall commence as of the date first above written and shall continue on a month-to -month basis until either party gives the other party thirty (30) days prior written notice, sent by certified mail, return receipt requested, that it wishes to terminate the Agreement. As of such date, the September 25, 1990 Interlocal Agreement between the parties shall be of no further force or effect. 8. In the event that the County is uncertain as to its obligations or procedures pursuant to this Agreement, the County may request in writing and the District shall respond, within ten (10) calendar days, providing the County with written direction on such interpretation or procedure with the District's understanding that the County shall rely on such written direction. 9. The District agrees to indemnify the County for and hold the County harmless from all costs, fees, damages, judgments or liability of any kind which result from the County's performance of its obligations herein, done in accordance with either the Ordinance or any written directions given by the District to the County pursuant to this Agreement. The County agrees to indemnify the District for and hold the District harmless from all costs, fees, damages, judgments or Iiability of any kind which result from (1) the sole negligence of the County in charging or collecting the impact fees, or (2) from a judicial determination that the District is not authorized to pay the County the administrative fee separate from the impact fees collected as set forth in this Agreement or that the payment of such administrative fee is prohibited by the Enabling Act or circumvents the provisions set forth therein authorizing the collection of the impact fees. Except as specifically set forth in this paragraph, neither the County nor the District shall have any responsibility or requirement to indemnify or hold harmless the other. Page 3 of 5 Agenda Item No. 16A29 December 13, 2005 Page 7 of 8 10. All notices required under this Agreement shall be in writing and shall be sent addressed to the party at the address as stated below, or at such other address notice of which said party may provide in writing from time to time: For the County: Office of the County Manager 3301 Tamiami Trail East Naples, Florida 34112 With a copy to: Development Services Director 2800 North Horseshoe Drive Naples, Florida 34104 With a copy to: Office of the County Attorney 3301 Tamiami Trail East Naples, Florida 34112 For the District: ATTN: Fire Chief Big Corkscrew Island Fire Control and Rescue District 13240 Immokalee Road Naples, Florida 34120 With a copy to: James C. Stewart, Jr., Esquire Stewart & Storter, Attorneys at Law Suite 302 9130 Gaileria Court Naples, Florida 34109 11. This Agreement shall be effective for all building permits issued after execution of this Agreement by the parties, and this Agreement shall further confirm and ratify the collection of all impact fees, which have been collected by the County on behalf of the District. 12. Time is not of the essence of this Agreement. 13. This Agreement shall constitute the entire Agreement among the parties with respect to the subject matter hereto. Any amendment, modification, or extension of this Agreement shall be in writing and shall be signed by all the parties to this Agreement. 14. This Agreement shall be construed in accordance with the substantive Iaws of the State of Florida. 15. This Agreement may be executed in multiple counterparts, any one of which shall be deemed to be an original, but all of which shall constitute one and the same instrument. Page 4 of 5 Agenda Item No. 16A29 December 13, 2005 Page 8 of 8 16. Neither this Agreement, nor the rights or obligations hereunder, may be assigned or delegated in whole or in part. If any parry waives a breach of this Agreement by any other party, that waiver shall not operate or be construed as a waiver of later similar breaches. IN WTINESS WHEREOF, the parties hereto have executed the foregoing Interlocal Agreement the day and year first above written. ATTEST: Dwight E. Brock, Clerk , Deputy Clerk Approved aspto form and legal sufficiency Jef y.AA Klatzkow Ass tanj ounty Attorney Approved as to form and legal sufficiency for the District: Attorney for the Big Corkscrew Island Fire Control and Rescue District Collier County Board of County Commissioners Fred W. Coyle, Chairman Big Corkscrew Island Fire Control and Rescue District Paul M. Plamondon, Chairman Page 5 of 5 Agenda Item No. 16A30 December 13, 2005 Page 1 of 71 EXECUTIVE SUMMARY UDP- 2004 -AR -6872: Agnoli, Barber & Brundage representing Benderson Development Company, Inc for review and approval of a Unified Development Plan (UDP) submittal per Ordinance 92 -43 for a shopping center. The property is located at the intersection of Tamiami Trail North and Old U.S. 41, further described as Township 48, Range 25, Sections 15 and 16, Collier County, Florida, consisting of 21.1 f acres OBJECTIVE: The objective of this petition is to have the Board of County Commissioners (BCC) consider a request for approval of a Unified Development Plan (UDP), in accordance with Ordinance 92- 43, 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 requests approval of a UDP for a property that was rezoned as C -4, General Commercial Zoning District, pursuant to the conditions outlined in Ordinance Number 92 -43 adopted on June 22, 1992. The property in question is subject to conditions contained in page 8 of Exhibit A, Number 18, of the referenced Ordinance. Condition 18 -b, requires that the BCC review and approve conceptual plans that depict the location of all proposed access points and rights -of -way, the proposed architectural theme and controls, and landscape theme. The proposed UDP plans provide the conceptual details of aesthetic consideration in site planning, architecture, landscape architecture, and the general location of access points and right -of -way issues. If the UDP is approved by the BCC, a Site Development Plan (SDP) is required to be submitted to County staff for review of all applicable requirements of the Land Development Code (LDC), including site planning, architecture, landscape architecture and access points. On January 10, 1989, Collier County adopted the Collier County Growth Management Plan (GMP) as its Comprehensive Plan. At that time, the originally zoned C -4 subject property, along with a substantial amount of unimproved property, was found to be inconsistent with the newly adopted GMP. In order to address this problem, Objective 1 was included in the Future Land Use Element to' require all new or revised uses to be consistent with the designations outlined in the Future Land Use Map, along with Policy 3.1.K that provides for the rezoning of inconsistent, unimproved properties to a zoning district consistent with the GMP. The subject property was then rezoned from C -4, General Commercial Zoning District, to C -4, General Commercial Zoning District with the conditions outlined in the adopted Ordinance. Condition 18 -b requires approval of a Preliminary Site Development Plan (PSDP) by the BCC. The PSDP was a process that was conceptual in nature. Because the PSDP process has been abandoned, the Zoning and Land Development Review Department determined that a UDP be submitted to the BCC for review and approval. UDP- 2004 -AR -6872 EXECUTIVE SUMMARY Page 1 of 4 Agenda Item No. 16A30 December 13, 2005 Page 2 of 71 The proposed UDP intends a maximum 150,000 square feet of gross floor area of commercial /retail use. Access points are from Old US41 and US41, along which the minimum required 30 feet type D buffers are proposed. Buildings are intended at the maximum allowed . height of 40 feet with a unified architectural and landscape theme. 1.75± acres of native preserve is proposed in addition to the required 3.15± acres. Several water management lakes are proposed on site. Aerial Consistency with the Collier County Growth Management Plan (GMP): The subject property is designated Urban — (Mixed Use Activity Center Subdistrict), as identified on the Future Land Use Map of the Growth Management Plan. The 1992 rezoning action was deemed consistent with the GMP. Consistency with the Collier County Land Development Code (LDC): Condition Number 18 -b of the adopted Ordinance 92 -43, requires that the proposed development be consistent with all the provisions of the Land Development Code, including site planning, UDP- 2004 -AR -6872 EXECUTIVE SUMMARY Page 2 of 4 Agenda Item No. 16A30 December 13, 2005 Page 3 of 71 architecture, landscape architecture and access points. A Site Development Plan application to the Department of Zoning and Land Development Review is required following approval of the proposed conceptual UDP. Consistency with condition 18 -b of the 92 -43 Ordinance: The Board shall review the petition for approval of the following conceptual items: • Location of proposed access points and road rights -of -way. • Proposed architectural theme: the overall design of the proposed buildings. • Proposed landscape theme: the overall design and arrangement of the proposed landscaping. This conceptual approval shall not mean that the project has received final approval, it shall only indicate that the project is in substantial compliance with the conditions outlined in the 92 -43 Ordinance, and may be approved subject to further review, changes and modifications that are required in order to comply with the Collier County LDC through an application of an SDP to the Department of Zoning and Land Development Review. LEGAL CONSIDERATIONS: Staff completed a comprehensive evaluation of this petition and the criteria on which a determination by the Board of County Commissioners (BCC) must be based. The legal considerations are reflected in Exhibit A, Number 18 -b of Ordinance 92 -43. A summary of the conditions are noted below: • The property shall be developed as a Unified Plan of Development. The plan shall be subject to the review and approval by the Board of County Commissioners, and shall be consistent with the provisions of the Land Development Code. The proposed conceptual plan shall include the location of all proposed access points and road rights -of -way; the proposed architectural theme and controls; and the proposed landscape theme. FISCAL IMPACT: 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. 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 to analyze this petition. UDP- 2004 -AR -6872 EXECUTIVE SUMMARY Page 3 of 4 Agenda Item No. 16A30 December 13, 2005 Page 4 of 71 ENVIRONMENTAL ADVISORY COUNCIL (EAC) ISSUES• The Environmental Advisory Council (EAC) did not hear this petition. PLANNING COMMISSION RECOMMENDATION: As part of the rezone action of 1992, the Collier County Planning Commission (CCPC) reviewed the adopted Ordinance 92 -43 and found it consistent with the GMP. The CCPC is not required to review this application. RECOMMENDATION: Staff recommends that the Board of County Commissioners (BCC) approve Petition UDP -2004- AR -6872, noting that, in staff's opinion, the request is consistent with the GMP Future Land Use Element designation; and as further limited in the conditions in Exhibit A, Number 18 -b of Ordinance 92 -43. PREPARED BY: Carolina Valera, Principal Planner Department of Zoning & Land Development Review UDP- 2004 -AR -6872 EXECUTIVE SUMMARY Page 4 of 4 Agenda Item No. 16A30 December 13. 2005 Page 5 of 71 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. 16A30 them Summary: UDP- 2004 -AR -8872 Agnoll, Barber & Brundage representing Sanderson Development Company, Inc for review and approval of a Unified Development Plan (UDP) submittal per Ordinance 92-43 for a shopping comer. The property Is located at the intersection of famiami Trall North and Old U.S. 41, further described as Township 48, Range 25, SOCtleria 15 and 16, Collier County, Florida, consisting of21.1 Acres Meeting Date: 12113=05 9:00:00 AM Prepared By Carolina Voters Urban Design Planner Date Community Development & Environmental Services Zoning & Land Development Review 111281200510:52:44 AM Approved By Sandra Lee Executive Secretary Data Community Development & Community Development i Environmental Services Environmental Services Admin. 11!28/200811:17 AM Approved By Susan Murray, AICP Zoning & Land Development Director Data Community Development & Environmental Services Zoning & Land Development Review t 1!28120081 :44 PM Approved By Rey Bellows Chief Planner Date Community Development & Environmental Services Zoning & Land Development Review 11=12008 2:39 PM Approved By Community Developmem i Joseph K Schmitt Environmental Services Adminstrator Data Community Development & Community Development & Environmental Services Environmental Services Admin. 1112012008 9:23 PM Approved By OMB Coordinator Administrative Assistant Data County Managers Office Office of Management & Budget 11129120084:31 PM Approved By Norm E. Fader, A" Transportation Division Admfnlstratm Data Transportation Services Transportation Services Admim 12/112008 7:39 AM Approved By Mark Iseckson Budget Analyst Dm County Manager's Office Office of Management & Budget 121112008 9:14 AM Approved By Michael Smykowski Management & Budget Director Date County Menngars Office Office of Management & Budget 1212!200811:64 AM Approved By James V. Mudd County Manager Dab Board of County Commissioners County Manager's Office 12JU200610:07 AM t LOZI ZOZ4l AN OI v llfi "rviL ans dQS'IOd { 1 NV'Id.LNawdomA3aamENn ' f j 311N3AV H"AkYT30 s 1 1 wa x00 vWWOTAW ,ot.-1 t E Y -- T30�Idd 3 I�JNtlI?I L — � � B Aa� m E Pp I if f = r � ■ -oa U a> $; a zia6asje1 g $ p' � ��p �� 6 66t !! - s! IE # Zz o� 8 Aa� m E Pp I if f = s ! lift Ile R�s�e ■ Old fi l666e' a zia6asje1 �j p' � ��p �� 6 66t !! - s! 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MEME SEEM F-03 .- No ME F I oil Elm, E l l HAP ions C) U') (D Z CO CD Co E -0 D- (D E cu *v a) c CID a -III SMA ■r7 wrmr7mn , =7711MOMMUMM MOSOMMOMMEMEN Ir'd 00 "' 111 HE rA ■lfili■ oil is OWN,= MEN] us all 'rotun 0 1 4P ■ a -III SMA m C:) I- R) '15 Z E Ea- L) m■■■■■ W'77zv-'A::1MM !,MEN 111 0 E MMEMEN mmummomm MUM ■■31 Wi ME-5 1111 11 pill lam iii ._ � anii 01; .% a �'% ci Z E i] cu NQ � U q} Q ~ wn '111m VYl11W O �p ■ Hf HE] vawMWwn Iw= R m Bi�oN dY ssadoBs Emu r.�t�sax A, C i L � H O 2 d O o � y • a H y 0 C+E.7 V N iMlfl •b A i • QIR em No. 16A30 U 004- 2004 - g1 e bb�� tuber 13, 2005 PROJECT # 200208Mg9e 12 of 71 DATE: 11/29/2004 RAY BELLOWS COLLIER COUNTY SITE DEVELOPMENT PLAN APPLICATION (UNIFIED DEVELOPMENT PLAN) SDP #: DATE RECEIVED: COORDINATING PLANNER Michael DeRuntz AGENT: James A. Carr, P.E. FIRM: Agnoli Barber & Brundage, Inc. FAX# (239) 566 -2203 PHONE: (239) 597 -3111 E -MAIL ADDRESS carrna abbinc.com ADDRESS: 7400 Tamiami Trail North, Suite 200, Naples, FL ZIP 34108 OWNER: ` Benderson Development Company, Inc. ADDRESS: 8441 Cooper Creek Boulevard ZIP 34201 FAX# (941) 359 -8303 PHONE: (941) 359 -1836 E -MAIL ADDRESS: davegustafsonObenderson.com PROJECT NAME: Triangle Parcel If this project is located in a PUD or it has a Conditional Use or a Variance approved, please indicate the PUD name and/or CU or Variance Application #: N/A Location: SECTION 15 & 16 TOWNSHIP 48 RANGE 25 UNIT: BLOCK: LOT: SUBDIVISION NAME: N/A PROPERTY I.D.# 00155200001 & 00152240006 General Location and Cross Streets: 14002 Old U.S. 41 (north of intersection of Old U.S. 41 and Tamiami Trail North) Zoning C4 Type of Development Proposed: commercial shonpine center Total Area of Project: 21.1 acres # Units N/A Density N/A Commercial Sq Ft: ADJACENT ZONING/LAND USE: ZONING LAND USE N C4 /PUD Vacant (Meadow Brook Estates) E right -of -way Old U.S. 41 S right -of -way Old U.S. 41 W right -of- -way U.S. 41 (S.R. 90 I hereby submit and certify the application to be complete and accurate. ? -2 3- oq- SIG ATURE OF AGENT DATE SITE DEVELOPMENT PLAN APPLICATION FEE CALCULATION Agenda Item No. 16A30 December 13, 2005 Page 13 of 71 ❑ Residential: $5000.00 plus $40.00 per unit.plus $100.00, per structure; plus $200.00 Fire Review Fee ® Non- Residential: $5000.00 plus $0.10 per gross square foot of building area; plus $200.00 per structure; plus $200.00 Fire Review Fee $5.000 ❑ COA application fee :$200.00, plus $25.00 per D.U.-Res. or 1,000 sq.ft. Comm.($5000 max.) ❑ Environmental Health Review Fee, if applicable: $20.00 ❑ Site Clearing Plan Review Fee ($250.00 for Ist acre, $50.00 per additional acre or fraction of an acre): ($3,000.00 maximum) ❑ Utility Plan Review & Inspections Fees :. Construction document review fee: 0.75% of probable water and/or sewer construction costs. Construction inspection fee: 2.25% of probable water and/or sewer construction costs. ❑ Pavine, Grading & Drainage Review & Inspections Fees Construction document review fee: 0.75% of probable costs of roadway, drainage & stormwater management system construction. Construction inspection fee: 2.25% of probable costs of roadway, drainage & stormwater management system construction. ❑ Excavation Review Fees Additional information or corrections that will be required for formal submittal: ❑ Credit for fee paid at pre - application meeting if submitted within 9 months of pre -app. TOTAL FEES REQUIRED FOR SUBMITTAL: $5,000 + fee for public notice (to be determined GACurrentWppiication Forms\SDP_(R).doc 7/23/03 Agenda Item No. 16A30 December 13, 2005 i UDP- 2004- AR -68 -&ge 14 of 71 PROJECT # 2002080013 DATE: 11/29/2004 RAY BELLOWS SDP PRE - APPLICATION MEETING NOTES & SUBMITTAL CHECKLIST Date: Q Z Finn• Q Applicant: Project Name: 7{'icaA Project Addr/Location: Planner. �L+��w s SDP # for Amendments° Zoning/PUD: Meeting Attendees: &M (AU( W 9; c.slat M, �C__ S14 Azr SUBMITTAL REQUIREMENTS: Su �,�e�--� '�c> OIL i r CL_ACe `tZ -14' 17 copies of the following: ( ®1 additional set if Architectural Review is required) ([11 additional set if located in Pelican Bay Services District) ®Site Development Plan per Division 3.3 (signed & sealed) including cover sheet (Section 3.3.7.1.2). ®SDP application (completed & signed) ®SDP pre - application meeting notes ® Cover letter briefly explaining the project 7 copies of the following: P jLandscape & irrigation plans (signed & sealed) Native vegetation retention /mitigation plan (per Section 3.9.5.5.4) RSite clearing plan/vegetation inventory Current aerial photo ❑Floor plans & building elevations with dimensions ®Boundary & topographic survey (1 of 7 signed & sealed) including opinion of title or property owner statement - per LDC Section 3.3.7.1.2.5(a) 6 copies of the following for commercial development: MArchitectural plans, including 1 color rendering (signed & sealed). 1 Agenda Item No. 16A30 .. December 13, 2005 Pius the following copies: Page 15 of 71 1 copy of Site Development Plans on CDROM disk (LDC Section 3.3.7.1.2) ® 1" Notarized letter of authorization from property owner designating. applicant as agent (Section 3.3.7.1.1) ®2 Recorded Deed or contract for sale ❑3 Drainage calculations signed and sealed by a professional engineer licensed in the State of Florida ❑ 1 copy of estimated cost of construction of Roadways, Paving & Drainage ❑3 Water & sewer calculations signed & sealed by a professional engineer licensed In the State of FL ❑7 copies of Traffic Analysis ❑2 PUD monitoring schedule" 2 Environment Impact Statement 2 Wildlife survey 2 Unified Sign Plan 3 SFWMD permit, permit modification, or waiver 1 USACOE permit ! ❑ 1 Utility letters of availability "�%�0 t Nest S cko i7 ! �q � � CC, �� �, K M1 DEP utility installation permits (water /sewer) 5 copies of Engineer's Report with Assumptions & Explanations" per Ord. 2001 -57 ❑2 copies of completed Certificate of Adequate Public Facilities Application (LDC 3.15.7.3.1), including estimated Transportation Impact Fee calculations, and $50 fee.' ❑1 Excavation permit application ❑1 Right -of -Way permit application (County /FDOT) ❑i Other required permits: 02 Fire Flow Test from Fire Department 02 Information in the Standard Building Code, type of construction, total square footage under roof, occupancy /use, fire sprinkler data ®2 Location of existing and proposed fire hydrants ®1 Property.ID number and legal description ®1 Copy -of approved Addressing Checklist ` ®1 Fee Calculation Worksheet - NOTES: I1J;G� _M 4-'oN5 G'r 51 c:t5 t742> 4v .1aC57Z*,[ /S wr7_1JiA1 2 Y6kes eou �/r� 74 a4' 4C�oe S�Z�u/A6& _7_ /C/10 Notes requirea on me our: a. Exotic vegetation as defined by the Collier County Land Development Code shall be removed from the site and subsequent annual exotic removal (in perpetuity) shall be the responsibility of the properly owner. b. The review and approval of Improvement Plans does not authorize the construction of required improvements, which are inconsistent with existing easements of record. c. The property owner is responsible for replacement of all dead landscape material and for the maintenance of the required irrigation system. - d. The property owner is responsible for the perpetual maintenance of all features.. of the surface water management system as outlined by the design engineer on these drawings. e. Vegetation to remain shall be protected with approved barricading (detail shown) and barricading will remain V` in place until completion of construction. (Section 3.9.5.1.5) rl=14 cc4i�{ y �C.V�GW A�\ ��� 5. �vcGvl� .vfc�'� �� S,Jlo •-}�cc� as�'l 03/05/2003 15:05 6595724 Agenda Item No. 16A30 Decemb 1 200 >, FLbb 28 03 01 07P SL rem Sposato Z39-zt 2829 pa - 0 ADDRF-MNG CNECKUST p1m.ge complete the following And submit to the Addrowsing Section fur Review. Not -111 item-4 Wit •LMI prois:1 ItCrns_in bold tvve are rcauiredL 1. Legal descriptiec of subject property or prnpcniC.5 (copy of lens lhy descrlpikm muy 1w w/uelnetl) ( Sec etts��t dL Ptu c.._1 7 0 1 S - u a � it S q-,—t Po -te. -1 1a• t Q1 7:-5 2. Folio (Prnpertr IV) numbers) of above (attach 1% or aayvciate with, It �•cst rxrcri��tirtrt i�( n.-c �h;1s; :trrrj tJ00152240006 and,#0015521)D001 3. StrCCt ad&C&I� ur addresscs (as applkahlf� i)'u1ruu4t axs geed) N/A 4, Location *hap. shew.rg c:- :oc:tior. of t;.;gi.:.:JMtc in relation io r"rem public road right -of way (arraeh) S. copy of Kt_.rvey (Nn- r-mr -m om .y FOR t 1;VMA'f nin PROPERTiPS) & Pre poscd ,^^jcct rutrs:c (raupi cable) NIA 7. Prasxl S:. ^� ! :.:. {ifur� /jficuhlt•j NIA . 8. Site 0cw1opmert Plan 'Nurnbc-r (FOR isriiS1'ING PROjI C111S/SITF=S ONLY) SDP 9. Periti -en Ty pa - (COM-1- t.lele a !4,JXLrdc Addre sing Checklist for cwch [>e4hion Type) SDP (Site rx- voopment Plan) PPL (Plus do Plat Reviaw) [J SDPA (SIP Amc-ndmcnt) [� PSP (Prs-linvk:ary 5ubdMs ;. n Plat) SDP1 (SDP Imo m„ Chi. c) FP (Masi Plat) SIP (Site ImMovemt -nn, P>zn) LLA (Lat Linc Adiva'trricni) SIPA (SIP Atnerdmcn t) ❑ BL (Wasting Perin) SNR (Street Narrx Clha.rlse) ❑ ROW (Right -of Way. Permit) 01 Vcget-Ition/1 -Notic (Vcg, fzcfr.ovai Permit. ") C3 tiXP (I:xcnvutiun Ptxmit) . ❑ hand Use peiili (`1..:a,�;,e, Contiitianat lisp. ❑ VRSFP (Veg. Removal dt Site I Permit) Boat I?at:k Ext.. Rcxonc, Pt M. r yams• etc.) ❑ Utter - I ?t.- scribe: ,- 10. Project er developmewt. names proprced for. or already appearing in. condominium. doctm er" (if a^plicah.1c: irtlieutc whether pmlxmd or exigting) Meek One: 0 Checklist is to h- Fuxcd Rack ❑ Personally Pickcd Up 12. ARr4"nt Name _Jarx: F? i iichhnm Phone _ 139:,5 - l I 1 Fax _?19 -SU -2201 Checklist 13. Sigauturc on Addressing dots not constitutt Project and/or SWet Nacre approval and is sull�Gat to fur.her review by tlx: Addressing Scction. FOR S'TAF'F USF, ONLY Primary Numbs Z $ Adds. -s. Number ZS 19 Addmvc Number _ nn Addrm Number A-p-innvcu' :�y �ti.•`.,_,.$ f1i a4-+ ... _ Dntc Os O S- p� RECEIVED RsY, ?st.ot LTDP- 2004 -AR -6872 PROJECT # 2002080013 DATE: 11/29/2004 RAY BELLOWS AUG.31.20M 10:50M BENDERSON CORP. PREPARED BY AND RETURN To: THOMAS G. ECKERTY, saOUIRE 12734 Kenwood Larn, 341% 89 Fort Myere. FL 33007.5838 NO. 040 P.2/3 Agenda Item No. 16A30 X15111 01�:� '" ',K'7N58 neclial is MICUL 2If004 of COZ3311 COMM, IL 04 /04 /I060 it 07d10A!( Met I. limit C111K Col$ 7600000.66 UC 111 10.50 Doer. 71 W00.00 Ca ?IId 2.00 fiat 1.00 S"Mfg No„ 111:1: Recordings S Documentary Stamps: ¢ 1101111 i DlliSi 050 HkK 81I011 K 31D EMIT i1pas R31113 THiS WARRANTY DEED made this ffi-2 day of March, 2000, by THOMAS G. ECKERTY, successor Trustee ynder unrecorded lend trust dated June 1, 1992, with full power and autho* to protect, conserve, sell, tease, encumber or to otherwise manage and dispose of the real property described herein, as provided in §680,071. F. S., whose post office address is 12734 Kenwood Lane, Suite 88, Fort Myers. Florida 93907, hereinafter called the Grantor, to BENDERSON DEVELOPMENT COMPANY, INC., a New.York Corporation, as to an eighty five (85 %) percent undivided interest. and WR•IASSOCUITES, LTD., a Florida limited partnership, as to a fifteen (150/6) percent undivided interest, as tenants In common, whose post office address is 570 Delaware Avenue, Buffalo, New York 14202, hereinafter called the Grantee, WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and othervaluable considerations, recelptwhereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confines unto the Grantee all that certain land, situate in Collier County, State of Florida, viz: - The Southeast one-quarter of the Northeast one- quarter of SeWon 16, Township 48 South, Range 26 East, lying West of the new US 41, Collier County, Florida SUBJECT TO EASEMENTS, RESTRICTiONS AND RESERVATIONS OF RECORD. THIS PROPERTY IS NOT NOW NOR HAS iT EVER BEEN THE HOMESTEAD OF GRANTOR. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or In anywise appertaining; TO HAVE AND TO HOLD the same In fee simple forever.. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land Is fee simple; that the Grantor has good right and towful outhority.to sell and convey said Ignd, and hereby warrants the title to sold land and will defend the same against the lawful claims of all persons whomsoever, and that said land Is free of all encumbrances, except taxes accruing subsequent to December 31, 1889. IN WITNESS WHEREOF, the said Grantor has signed and seated these presents the day and year first above written. and dellver i the r - nce of . _ / . UDP- 2004 -AR -6872 PROJECT # 20020$0013 DATE: 11/29/2004 RAY BELLOWS THOMAS G. ECKERTY, T land trust dated June 1, 1 with full power and ' Al:� .31.2000 10 � 51AM. BENDERSON CORP. 6W W 23FI, - - - W7�- r Agenda Rem No' f 6830 �r>k pR: °9:a� 59� authority to protect, conserve, sail, lease, encumber or to otherwise manage and dispose of the real property described herein, as provided In §689.071, F. S. STATE OF FLORIDA ) COUNTY OF LEE ) The foregoing instrument was acknowledged before me this day of March, 2000, by THOMAS O. ECKERTY, Trustee, who Is personally known to-e, OR who produced as identification, and who did /did not take an oath. nBBORAH K LEM Notary P brio wnrss�on,►xom Printed ame�fl.L1Zs Wa $7o�tD'o11'70°° ssionNo,: aoos+grurr a� ►wary su.+w a eadno Co. c MY Commission Emir rac.ao.ci li�t9tlFa'I t ) NO. 772 P. 4/31 Agendar r" r"!�°`2ti30 Dec a 05 Gmtm S.S. No Page 19 of. 71 j Property APPt*Wp Pared MEnti icdieo No. MIS2240006 / 001552=01 Tyeii' htpbra = WV prepared without opinion of title by i sad after recording rmu» to; ! � & d B. � l LegProfea donai Asaodadon Trianon Centre. Third Floor B50 ?I* Shoes prive Naples. Fladds 94143 (941) 6496200 ' (Sons above this 1 n for reoard_u dry) WEARRAM D� TIM WARANTY DMW, ends the ir'11� *W of Mach: 2000, by AYRPS Pte► a iyaarW L'mtrW Pip• where post office add rsw is 212 8sst Third SgvM Smito 900, G9 abu md, 04fo 4MM (elogplWy or collmively'Gr4pm '), to Bid D=S0K D$VF11.Op1411m COMPANY, me., a New York eacponako, u a t mm In comasou v*k an an401M 7% interest, CRM ]MY ASSOCUTm6, L.P., a Now York %rdtad parlaarA p, as . a tempt ht covMn wA an =divided 21.5% Interest, WRd AMOCUTB,S, LTD., it Blonds li rAW paataaexbtp, as.a teaatit In common with an undlvlded U M4678% Intore06 VICr MA lBb'1'ATBS, LTA., a Banda IbWed psrtnat hip, as a 9MAW in eommou with an MMMed 13.23550091 interest, sad NA7VM N, RONALD BMDiriR9 WAMBAVIDH.13 ALDAUB,ASTRU8TM WiMATRWAGRUMOWTDuM8p MPTMMU 22, 1993, KNOWN AS TEM RAMALL$MMUSON 1999.1 TAWT, as a tonaut in mmmma WO as U Mded 36,74982576 IR U"4 With fill power and authority being granted to Tmm to p ot=4 mme rm sell, lases, mamba r or otber'rtise to manage and dispose of the rest estate or any part of it pnrenat to Sac. tr89.o71, b':5., whose pant offt . sdd= is 570 Delaware Avenue, Buffalo, New Ymk 14= (singularly or collo*vdy 'Grsotse"); (Wherever used bmtb , the terra 'G more sod 'Gramm, include all parties to this instrunmut sad *a beha. legal . representatives and pssigaa of individuals, and the mcommon and uatgna of oorpomdons) Wri'1'iMMS, The the Grearnr, ibr sad in txsu macion of the mum of Tea Dollars ($10.00) end tuber valuable amsiderstim, receipt of whieb is hereby aclmawledsed, hetaby grs om. bar0m. sells, allem, rardses6 releasm, couvap . sad coaflm unto the Grantee, all that certain Iand situated In Colder qty,• Florida, via M WaMUT W ATTACH1311 HU= AND MADE A PART 1fl8RBW. This conveymm is subject to the Permitted Bxcepdtms attached hewn sad made a part hereof as B;thibit ISO, TOC1MMIR, with all the teacc=n, heradit+oneau said appurtenances M, belaagln8 or is +man aPpe'talw48• TO HAVE AND TO HOLD. the saw in fee dmple &mar. AND ere Grantor hereby covenants whh acid Grantee that the Grauer ip lawfully sized of paid laud In the temple; that the Grantor has good right and la U Authority to sell and omvey acid land and that Me Ommm hereby filly wa:simtt the titan to said land and will defend the sane against the lawful claims of all persona otaimlag by, through or Wrder the raid Grenwr•. . IN W1T MM WEi6RBOF, Grantor has signed and 4=W these presena the dq and year first;bove wd=m Signed, fiWW rAd Deliytred as AYPM PAR , to 'lpch •-' , {a the e� ce of; a Florida al �c_,Q., Wi a ;� Th s illismR, iq General Partner W' s aches STATE OF 0$I0 ) se COUNTY OF A ) The foresoins inst Wmat was Aclmowledge4 before me thlo Ni- day of JPt" 2000, by Thomas L W0ltauu, ibo Gehur41 Partner of AYRi3,4 PARTl4IMMP, a Florida seaeral pertaerahip, Who ( a penny imown daued as ideattlficadon. 4 of the State of 0hio and My i Tres; Or * N71MV PrneAia G &Up dome ( erg �+ycommsasienteapnr,uAra.ir000 NarARY PVBwc ,m F f9 Noteh7 Name: i 6h 17 Lih tT► Iv ('type or Print) cxxJrJ 1 eior -n t teut i zLL&RNDRESS) NO. 772 P . 5/31 • Agenda Item No. 16A30 °. December 13, 2005 Page 20 of 71 ' • LEGAL DESCRIPTION i A PAR=L OF LAND LOCATSA W A PORTION OF SP.CTIONS IS 'AM J 6 ' TOWNSHIP 41 SOUTH; RANGE 25 U&T. COLLISR COUNTY. FLO=A. BEING MORE PARTICULASLY.DESC=BD AS FOLLOWS; ' Tx1= NoRTx HALF 0j% 'iAZ Nang nrdWA QUP.RTER OF 4EC1AION I6. TOWNSM 48 SOUTH, RAMP. 25 . LESS THE NORTH 2U34 FE£T- AND EXCL=NG THAT PCMMN OF THE PROPERTY LYING WF. T OF U.S. 41 (N2M CONSIMO OF 5.34 ACUS (SJ3+9 ACM MORE 01 Las, CALCULATP), ALL LYING AND BEING IN COLLIER COUNTY, 1�IAA1'aA. . TOOM w= ALL CP THAT PORTION OF 7XI NOR T Si' QUARTER OF THE NORTHWFBT QUARTER LYING WEBT OF U.S 41 (TAMIAMI TPAM), BER40 IN SECTION IS, TOWNSHIP 41 SOUTIts RANGE 25 EAST. COL= COMM FLORIAA, , NOTFS: THU PROP'w: is n8 = -TO ,EASSUM". RESSRVAZONS OR RSSTRSCI''1iDN3 OF R3COZt0. PROPER'x`Y AREA., 21 =0 +4CRIMs MORE OR LUX-. PROPERTY DESCR=0 I5 RF,CD== iN O.R. BOOK loss AT FAGS. is22 GF Tim PUBLIC RECORDS OP'CO R COLTNI71t. FLb=A. $BARWGS SHOWN ==M REM TO 'T=' NORTH L 4B OF THU NORTHWEST QL1AR= OF S=0N Is, TOWNMV 4S SOUTH, RANGE 25 EAST, CODER COUN"NI n -ORIDA S BBINO s 80 59'04` R. Page 1 of j 61 'x2vd 9660 8Lz Tb6 9V1Zd0Hd KVZTVZWV HJXON k1p L) (Nopo 86••. V '��u ..... sa•s.an, �Mue. 4W- :FrW"M) N0.7M P. 6/31 i Agenda Item No. 16A30 pee Pb er 13, 2005 �i ege.21 of 71.. flitted 9Z2Wd_Ml . 1. Raearvatioac in favor of the Board of Bducxdon of the State of Florida, as act ibrtb in Dead No,- 3710 fmn The Board of i'mur doui of the State of Florida to favor of Consolidated land Camay.. recorded IMM 28; 1910, in Dad Book 27, at Page 2, of the Public Records of Collier County, FkR t (AS TO PROPERTY LOCATED IN SWMN 16 ONLY). However, as to such mineral. reservations. the right of entry bas bear released pursnaot to Section 270.11 F.9. 2. Resolution Ordering the Coust rUWon of Assessable Improvements for a potable Wass- dispdbUtIon • syater n within the con9aes of Anagsment District "F ", and levying special assessments agaium all Property bg4ted In the assessment dWaict raw rdW November 9, 1971, in Official Records Book 423, at Pages 724 and 727, of the Public Recorder of Collier County, Florida. 3. Sow Line Dead in 5rvor of CoMw County recorded Deca ebw 3, 1987, In OMd Record, . Book 1313, at Pages 70 through 73, lacialve, of the Public Records of Collier County, Flodda. 4. Final Order Establishing and Coafteog Collier County Water Wanaga ent Diattict Number Seven, dated and recorded August 12, 1968. in t?l;icial Records Book 282, at Page 976, of the Public Records of Collier County, Flotfdt. S. Collier County Ordinance Nuunbar 7320 wbieh tegulatca dw ttutallation of Wrier dlattltamoa and WM water cplleodon system; Ordinance Number 75-21 which protactt oeagfn. no Wiibht CWAW County; and Onliruancx Number 75.24 which b known as the 'Collier Counts- Zoning Ordimince ftr slue Coastal Arcs FIVI ag District'; all of which were recorded May 19, 1973, is Offiaitl Records Book 619, p4m 1177 through I381, iudusivo, of the Public Records of Collier CoWV, Florida. 6. Collier Councy.'Ordinance Number 93482 eMblisbing Adequtuue Public Faculties recorded December 15, 1993, in OfAcial Records Book 1894, at Page 1096, at seq., of the Public Rec ws of ' Collier CatWty, Florida, 7.' Resolution RMUP ut to Chapter 67 -1246 of the Laws of the State of Florida 81ONWIling no linmakdee Aron Plamting. District and Coastal Aura Plangittg District n mccaled Map 61 1976, in Of lcial Reeorda Sock 649, at Page 1239, of ft Public Reamde of Collier Courtly. Florida; u3. Couiar County Ordinance Number 96-23 eattbillIft Camptcbauaive for the uafncorpar#54 area of the Coastal Area Planning District ehangttug:Ow moniag dfilzict recorded May 26, 1976. in Oft* Records Book 654st Page 1490, of to PinWie Records of Collier County. Florida. . 9. Rights of Taurus in Possession purmant to that omuin umie m*d Sips J.a Won lasso bctwaatt Wbiteco Matt000m, a suWdiary of Wbtt= Laduserin, Ins., and Ayres PtrmeM4111P, as aadgned by Ayres Partombip, to Bandcrson Development Coma¢+imy, Inc., a Now York corporation, as a tenant In wanton with an undivided 7% intaraat, Cedar Kay Associates, Ltd., a New Your limited patanership. as a tauant in cannon with an undivided 21.5% !merest, W-1 Amodataa, W., a Fonds united partnership, as a tenant in common with an undivided 41.514675% lrdareat, Victoria Berates, IA&, a Florida limited partnership. as a tausnt in cow with an undivided 23.23530096 interest, and Natban, BecdarsgA, Ronald Banderson and David H. Baldsuf, as Trustees. under a Trust Agreesnout dated September 22. 1993, known as the Randall Beadamon 1993 -1 Trust, as a Tenant in common wilt an undivided 36.74982596 interest. 10. Real estate Wxs for the current and subsegaopt years. 11. All matta'a that would be disclosed by an-aceprate survey of the Property. Bxhibit "B' l Agenda Item No. 16A30 December 13, 2005 -- Page 22 of 71 BENDERSON DEVELOPMENT COMPANY, INC. • 8441 Cooper Creek Blvd. • University Park, FL 34201 • (941) 359 -8303 • FAX: j941 j 359 -1636 AMONG O1R1'0-i'M LETTER OF AUTHORIZATION A Tnnenf Stare AMC 1 aan""kies & Nubia - flackbates Video Brovra f+Ot4. - .. : `7 ,r>re The undersigned does hereby swear or affirm that he/she is the authorized representative C i; B- of the fee simple titleholder and owner of record of the property commonly known as €1ly�r Ce« dadatedSmrs Triangle Parcel and legally described in exhibit A attached hereto. Conling Dwsk The property described herein is the subject of applications for development. We hereby . Osas en • designate James A. Carr. P.E. of the firm of Agnoli, Barber & Brundage, Inc. as the eak Below owner's representative for purposes of obtaining development approvals for the property, w TVOO�Iwo=rdt ^P"' and as such, he is authorized to represent the owners of the property in the course 'of Fahion tug - Fabri-CerreeraafAR -l" seeking the necessary approvals to develop from Collier County, South Florida Water FamRy Ddlar Store - - Management District Florida Department of Environmental Protection and Florida FFle�eldBan Department of Transportation. Lion Fde -a ice Gam G.N. Bas. oGa"env Stores 1 Elechric Owner: l Mil4lawe Gaoden Benderson Development Company, Inc., et aJ Galdy- brio Hill; Deparonem Stores - - Hit or leis Maetyk 6uatt . Ha�Raae . Hone OePat - dBM fzod/GaM I' C. Peru el Ker Wnk of New Yoh . Shm =- clownpany Wa a M. 4ben, 4ice President lechten - `aw sv.•es STATE OF FLORIDA - T,,,„�,,,,a,,. COUNTY OF MANATEE Marine Midland Bank National Auto Sworn to (or affirmed) and subscribed efore me this day of arai3 &Z , Office eMa 2003 by c')&V L a l . ?U13 ;y � personally . Old caanuy Buffet who is ersonall known to me, or Paee Club � ' Payless has produced - - as identification. . Pn B P�M1�s«Yan Ntvsen Pier { knports a 11' Piaa Hut - Polo/Raiph laaren Ponderosa - Prim Ch °""" Notary Public Revco Rile Aid Royal D•ullon / Sam's Wholesale Club Sara lee - Scrivaer = RorerWa"'p'nP Printed'Name =a Fabrics Sports Authority .Pd'rP1y, Alicia H. GeYlan Staples UDP- 2004 -AR -6872 F (v1ycommbaimW198 Sa caper �w T: aye% lR�• shack PROJECT # 2002080013 E)Ofm Aftft st 2W TJ.Me= ^tahe DATE: 11 /29/2004 T,1• Maaa Tops Mirkeb Tnm -WOrW Records RAY BELLOWS US. Shoe Vkleo Factory - Wal -Mart Walgreens Commercial and industrial Properties • Offices a Plazas • Apartments a Hotels Agenda Item No. 16A30 December 13, 2005 Page 23 of 71 m Carr From: Smith_g [GlendaSmith @coliiergov.net] Sent: Wednesday, November 03, 2004 12:01 PM To: Jim Carr Subject: Triangle Parcel UDP Jim We have finally created a procedure for processing the Unified'Development Plan. It".will" require review by the Planner, Landscape, Architectural and Fire prior to submittal to the--: BCC. The following items need to be submitted: 10 copies of each of the following: Application, Site Plans, Architectural Plans, Landscape Plans;.Ordinance• 5 copies of Survey, one signed & sealed 1 copy of Owner /Agent. Affidavit Review fees in the amount of $750 We are ready to receive your pac.kage.for the Triangle Parcel. Please.submit to Christine Willoughby. Should you have any questions, please feel free•to contact me at 213 -2919 or Christine at 659 -5748. . Glenda Smith Operations Analyst UDP- 2004 -AR -6872 PROJECT # 2002080013 DATE: 11/29/2004 RAY BELLOWS i ON HkGNOLT ■ ■ ■ ■■■■■■ /E■■■ ARBER & WOMEN RUNDAGE, nsc. p,- c&ssicinal engineers, planners, sur eyurs S mappers March 29, 2005 Re: Unified Development Plan — Triangle Parcel Dear Property Owner. Agenda Item No. 16A30 December 13, 2005 Page 24 of 71 RECEIVED APQ 41 ?75 ZONING DEPARTMENT Please be advised that Benderson Development Company represented by Agnoli, Barber & Brundage, Inc., has made a formal application to Collier County for a Unified Development PIan for the following described property: Property: This parcel is Northeast of the intersection of U.S 41 and Old U.S. 41 We intend to ask the County to approve a Unified Development Plan (UDP) under the existing C-4 zoning that allows us to construct commercial and retail. The UDP is required on this parcel. In order to provide you with an opportunity to become fully aware of our intention to construct this Unified Development Plan and to give you an opportunity to review and comment on the development intended, we are holding a Neighborhood Information Meeting on April 14, 2005 at 5:30 p.m. at the Community Congregational Church Iocated at 15300 North Tamiami Trail just north of the subject site. This meeting is not required by code, but we wish to illustrate how we intend to develop the property, listen to your comments and answer your questions. Sincerely, Agnoli, Barber & Brundage, Inc. Fred Reischl, AICP Planning Director Rain Offiicen i0;;'i;ui;,,:ml .:ai X tiuitc 2()O— Nor—. .. , i„ri;l., ... i(1'. ='.!i; E4 +- =1 .. rA ;. , _;y: n6G- -=0, Lee Ccm:n': c)u'iD Cn.ca.l; It.rl�i. 4ui:� !C) :il i•, :� til „1`i i=i,1, : !.. _-y +.rti.t:;'il., c'•.., 26 N'\` w.abbnlc.idill R� « % C) ~m3 \ \ �� 6i,II m f! . � § | | � ■� § � [..t / . | rtt� | | k » |� �— -- #NO Z 3O6 baa Isvl m C) < p CO " . m 0 T— Z E E —go *.Qo'a.Sj N50j0QD43JD �C �I ISI4 61JDU635QP aojq s Ajur o IDIDUIC a41 DJD SdD" AjjjiqDqOjd ID3!601GQD43JV/oP01s!H R41 t 5 E Io it U'j ti I.0 - -- 2131 -'l10 --------- `JNINOZ :NCISIA7d iSVI < 4'O z 00 Z 10, fj t 5 E Io it U'j ti I.0 - -- 2131 -'l10 --------- `JNINOZ :NCISIA7d iSVI ORDINANCE NO:' 22-A3 Agenda Item No. 16A30 December 13, 2005 Page 27 of o �P ib�i AN ORDINANCE AMENDING ORDINANCE 91 -102, THE �bW CODE WHICH �rx COLLIER COUNTY LAND DEVELOPMENT �, rrt_,C�. ESTABLISHES THE COMPREHENSIVE ZONING REA REGULATIONS FOR THE UNINCORPORATED A OF COLLIER COUNTY, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN , L. DESCRIBED PROPERTIES FROM THEIR CURRENT RESIDENTIAL, COMMERCIAL, OR- INDUSTRIAL ZONING CLASSIFICATION, AS HEREIN IDENTIFIED ON EXHIBIT *A -, TO THE SPECIFIC ZONING 4 fV CSSIFICATION OF EITHER THE RSF -3,o LA A. rT7. RESIDENTIAL SINGLE FAMILY ZONING DISTRICT,,, . s Q OR'TO THE RSF -38T, RESIDENTIAL SINGLE FAMILV ZONING DISTRICT WITH SPECIAL TREATMNT1 esa OVERLAY, OR TO THE RSF -4, RESIDENTIAL SINGLE ^' FAMILY ZONING DISTRICT, OR TO THE RSF -6, RESIDENTIAL SINGLE FAMILY ZONING DISTRICT, OR TO THE RMF -6, RESIDENTIAL MULTI- FAMILY. ZONING. DISTRICT, _ OR TO THE RMF -6ST,' RESIDENTIAL MUVrI- FAMILY ZONING DISTRICT WITH SPECIAL TREATMENT OVERLAY, OR TO THE RMF -12, RESIDENTIAL MULTIPLE FAMILY ZONING DISTRICT, OR TO THE RMF -128T, RESIDENTIAL KULTIPLE FAMILY ZONING DISTRICT WITH SPECIAL TREATMENT OVERLAY, OR TO THE. RKF -16, RESIDENTIAL MULTIPLE FAMILY ZONING DISTRICT, OR TO THE RT; RESIDENTIAL TOURIST ZONING DISTRICT, OR TO THE MH, NOZZLE HOME ZONING DISTRICT, OR TO THE CF, COMMUNITY FACILITY ZONING DISTRICT, OR TO THE TTRVC, TRAVEL. TRAILER- RECREATIONAL VEHICLE CAMPGROUND ZONING DISTRICT, OR TO THE C -1 /T, COMMERCIAL PROFESSIONAWTRANSITIONAL ZONING DISTRICT,. OR To THE C -1, COMMERCIAL PROFESSIONAL ZONING DISTRICT, OR TO THE C -2, COMMERCIAL CONVERIENCE ZONING DISTRICT, OR TO THE C -3, COMMERCIAL INTERMEDIATE ZONING DISTRICT, OR TO THE C -3ST, COMMERCIAL INTERMEDIATE ZONING DISTRICT WITH SPECIAL TREATMENT OVERLAY, OR TO THE C -4, GENERAL COMMERCIAL ZONING DISTRICT, FOR INDIVIDUAL PARCELS AS HEREIN IDENTIFIED. ON EXHIBIT -A -, AS DETERMINED BY THE BOARD OF COUNTY COMMISSIONERS TO BE APPROPRIATE AND TO BE CONSISTENT WITH THE GROWTH MANAGEMENT PLAN, PURSUANT TO OBJECTIVE I AND RELATED POLICIES AND POLICY 3.1.K OF THE FUTURE LAND USE ELEMENT AND THE FUTURE LAND USE MAP OF THE GROWTH MANAGEMENT PLAN; AND BY PROVIDING AN EFFECTIVE DATE WHEREAS, Article VIII, Section l(f) of the COnstitutiOn.Of Florida confers -on counties broad ordinance - making power when not inconsistant with general or special law; and WHEREAS, Chapter 123.01, tutes, confers on all counties in Florida general powers of government, including the UDP- 2004 -AR -6872 seer �' »53 ►��:331 PROJECT # 2002080013 DATE: 11/29/2004 RAY BELLOWS Agenda Item No. 16A30 ._Qgcember 13, Page 28 ordinance - making power and the power to plan and regulate the use of land and waters and WHEREAS, On January 10, 1909, Collier County adopted the Collier County Growth'.Managemant Plan as its Comprehensive Plan pursuant to the requirements. Chapter 161,.Part II, Florida statutes, also known as thi Local GovernmeTlt Comprehensive Planning and Land Development Regulation Act of 1985 and Chapter 9J -5, Florida Administrative Code. also known as the Minimum Criteria for Review of Loeal.Govarnment Comprehensive Plans and Determination of Compliancet and WHEREAS,- the Board'of County - Commissioners of Collier County finds that development for which zoning has already been approved by Collier County and potential zoning within Urban Designated Areas of the Collier County Growth Management Plan will accommodate approximately 250,000 dwelling units in the unincorporated Coastal Urban Area of Collier County, and that commercial zoning in excess of 4,600 acres has bean approved, while the Capital Improvement Element of the Growth Management Plan would serve only a fraction of the planned and approved, yet unbuilt, developments and ` WHEREAS; because of these estimates and projections, the Future Land Use Map and Element of the Collier County Growth Management Plan and the .Support Documents project and provide for over 60 years of growth while the Capital Improvement Element of the Collier County Growth Management Plan provides for only five (5) years of funding and only tan (10) years of needs and deficiency assessments for public facilities for all categories, except that roads are also in the process of being tentatively planned for up to 25 years of growth; and WHEREAS, as a result of the realization of this serious and significant imbalance between planned land uses and planned public facilities by the Board of County Commissioners of Collier County, the Board of County Commissioners of Collier 2 X53 ►a : 332 Agenda Item No. 16A30 December 13, 2005 Page 29 of 71m =ty finds that Collier County faces real, serious and ainent problems that will result from the planned and pfaved, yet unbuilt, development in that it exceeds the nancial resources of Collier County to fund projected carrying pocity of the existing and planned public fagilitlns of.. llisr county and.that it is inconsistent with tbv jxisting;.and sired community character of Collier County;; mA WXZREAS, at the tin* of adoption of the Growth Hanagemant an, the Board of County Commissioners of Collier County cognized the need to balance evacuation capability and the' . -risk population in the Hurricane vulnerability zones in rllier County by limiting or reducing the maximum permitted rnsities in those zones to ensure that the population at risk. i those zones of high risk could safely evacuate duria'' the as of a hurricane events and AREAS., the Board of County Commissioners of .collier,.. runty acknowledged the report of the Regional./Urban Design Tema rr the xaples area dated April, 19s7 and subsequent ' commendations of the R/UDAT Citizen Committee and approved a rvisad commsrcial allocation system to promote superior urban sign by managing road access, avoiding commercial strip nnlopment, improving overall traffic circulation patterns and ,oviding community focal points; and WHEREAS, the Growth Management Plan, through the Future nd Use Map and the Goals,, objectives and Policies, strives to ordinate land use with the provision of adequate roads; sewer, ter, drainags facilities, solid waste facilities and parks and creation opportunities; coordinate coastal population nsities with the Regional Hurricane Evacuation Plant and scourage unacceptable levels of urban sprawl; and WHEREAS, the cost to the public and Collier County to ,ovide adequate public facilities for planned and approved, yet built, development is too great of a financial burden and 3 toot • 5- 3 ►1I+= ��JV MI M Agenda Item No. 16A30 December 13, 2005 Page 30 of 7' would cause the public and Collier.County undue fiscal hardships and WHEREAS, additionally, the Board of County Commissioners of Collier County recognizes that if a substantial amount of the unimproved property were allowed to develop and be constructed under existing zoning districts inconsistent with the Growth Management Plan, it would encourage urban sprawl, promote strip commercial development, negatively impact the character of residential neighborhoods and commercial areas, and force Collier County to make premature ad hoc land use commitments; and WHEREAS, Collier County has attempted to address these problems by including several provisions in the collier county Growth Kanagesent Plan, including Objective 1 and related Policies and Policy 3.1.10 of the Future Land Use Element of the Collier County Growth Management Plan, and by providing that land development regulations be adopted and contain provisions to implement the Collier County Growth Management Plan and include at a minimum, inter tea, the establishment of a zoning Reevaluation Program for unimproved property that shall be. carried out by January 10, 1991 for all commercially zoned.and non - residential property and by January 10, 1992 for all other property; and WHEREAS, Objective l of the Future Land Use Element requires all new or revised uses of land to be consistent with assignations outlined on the Future Land Use Map; and WHEREAS, Policy 3.1.K of the Future Land Use Element of the Collier County Growth Management Plan furthermore provides for the rezoning of inconsistent, unimproved properties to a zoning district consistent with the Growth Management Plan; and WHEREAS, pursuant to Sec. 163.3194(3)(a), Pia. Stmt., land development regulations shall be consistent with the Comprehensive Plan if the land uses, densities or intensities, and other aspects of development permitted by such regulations 4 Now R.53 PAQ 334 Agenda Itotn No. 16A30' December 13, 2005 Page •31 of 7 are compatible with and further the objectives; policies, land uses, and densities or intensities in the Comprehensive Plan and' it it meets all other criteria enumerated by the local govirnmenti and WHEREAS, in order to comply with the foregoing authorities, findings and the Act, it is necessary to rezone ", large areas in the'unincorporated portion of Collier county to zoning districts.-consistent with the Growth Managament.Plant and WHEREAS, the zoning amendments herein will implement Objective one, and related Policies and Policy 1.1.K of the Future Land Use Element and Future Land Use Mapi and WHEREAS, the owners of the herein described properties have. �. not submitted an application as provided'for in sections 2.4 (Exemptions),. 10 (Compatibility Exception), and 11 '. .(Determination of Vested Rights) of the Zoning Reevaluation . Ordinance, or have submitted an application and it was not granted, or have submitted an application and it was granted subject to .a zoning change and /or conditions; and WHEREAS; Policy 2.1.X of the Future Land Use Element of the Growth Management Plan and the stipulated Settlement Agreement in DOAK Case No. 89 -2299 GM require commercially and industrially zoned property inconsistent with the Growth. Management Plan and unimproved to be rezoned to consistent - zoning districts by January 10, 1991, and require residentially, zoned property inconsistent with the Growth Management Plan and .. ��. unimproved to be rezoned to consistent zoninq districts by January 10, 1992; and WHEREAS, the zoning amendments herein will bring the zoning 3, of the herein described properties into consistency with Objective 1 and related Polio ism and Policy 7.1.X of the Future Land Use Element and the Future Land Use Map of the Growth <' Management Plant and ti eoa CL53 • ►� 335 i. s i= Agenda Item No. 16A30 December 13,_ 2005 . Page 32 of 71 WREREAS, the Collier County Planning C', ission -has :evieved this zoning ordinance and has found it to be consistent' rith the Growth Management Plan as required by sec. 163.3194(2), . Florida Btatutea. NOW, THEREFORE BE IT ORDAINED by the Board of Ct+ynty commissioners of Collier county, Florida: Sacs IoN OML Rezone of properties with Residential Zoning Designations. The zoning classification of the herein described real properties is changed from the zoning classifications indicated on Exhibit "Am to'the RSF -3, Residential Single Family Zoning District, or to the RSF -3ST, Residential Single Family Zoning District with Special Treatment Overlay, or to the RSF -4 Residential Single Family Zoning District, or to the. RSF -6 " Residential Single Family Zoning District, or to the RMF -6,. Residential Multi- Family Zoning District, or to the RMF -6ST, Residential Multi- Family Zoning District with Special Treatment Overlay, or to the RMF -12, Residential Multiple Family Zoning District, or to the RMF -12ST, Residential Multiple Family Zoning District with Special Treatment Overlay, or to the RMF -16, Residential Multiple Family Zoning District, or the the.RT; Residential Tourist Zoning District, or to the MH, Mobile Home Zoning District, or to the C -3, Commercial Intermediate Zoning. District, or to the CF, Community Facility Zoning District as herein identified on Exhibit "A ", and the. official Zoning Atlas Map Numbers indicated on Exhibit "A ", as described in ordinance 92 -102, are hereby amended accordingly: SEE EXHIBIT "A" 6 8009 5a�fAGC'.WU . Agenda Item No. 16A30 December 13, 2005. Page 33 of 71 . itzmak t Rezone of properties with Commercial Zoning Designations. The zoning classification of the herein described real properties is changed from the zoning classifications indicated on Exhibit "e,- to the RMF -6, Residential Multi- Family Zoning. District, or to the RMF -12, Residential Multiple Family Zoning. District, or to the RMl -22ST, Residential Multiple Family Zoning z District with spacial Treatment overlay,-or to the TTRVC, Travel Trailer - Recreational vehicle Campground Zoning District, or to the C -1/T, Commercial Professional /Transitional Zoning District, or to the C -1, Commercial Professional Zoning District, or to the Cr2, Cemmeroiai Convenience Zoning District, or to the.0 -3, r Commercial Intermediate Zoning District or to the C -38T i Commercial Intermediate Zoning District with Special Treatment Overlay, or to the C -4, General Commercial Zoning District, as. . herein identified on Exhibit "A", and the Official Zoning Atlas Xap !lumbers indicated'on Exhibit "A", as described.in Ordinance 91 -102, are hereby amended accordingly: arm EXHIBIT -A" it RVEOMOx THREE: as one of properties with Industrial Zoning Designation. The zoning classification of the herein described real properties is changed from the zoning classification indicated on Exhibit "A" to the C -1, Commercial Professional Zoning District; as herein identified on Exhibit -A ", and the Official. ' Zoning Atlas !tap !lumber indicated on Exhibit "A",-as described in Ordinance 91 -102, is hereby amended' accordingly; SEE EXHIBIT "A" sow R53nrt337 k�� Agenda Item No. 16A30 "cember 13, .Page 34 SECTIm FOUR: Effective Date. This Ordinance shall become effective upon receipt of notaico from the Secretary of State that this Ordinance has been tiled with the Secretary of State. PASSED AND DULY ADOPTED by the Board o f coas�y Commissioners of Collier County, Florida, this ,22n day of 1•^'e , 1992. BOARD OF qDURTY COMMISSIONERS COLT4It� RI DA Y r.JAMEB C. Giu§Y , CLERIC BY: MICHAEL J. Lp , CHAIRMAN. ��,.�$.11 .PORX AND ,:� $UFiICmCY s 22). QqddAd KARJ E M. DENT TfThh adkiana 11f f tM ASSISTANCE COUNTY ATTORNEY ,6m°y a CZR6.19 91 and oc i nc der a.� 8 UP (153 ►AV. 338 Agenda Item No.. 16A30 December 13, 2005. Page 35 of 7� EXHIBIT "A" nrt� 1tap,1� Piannina Ce,�unity Legal Descriptiont Lots 1, 2, 21 and 22, Block 10, bonito. Shores, Unit 2, according to the plat thereof, recorded in. Plat Book 3, Page 43 of the Public Records of Collier county, Florida. Rezoned from C -3, Commercial Intermediate Zoning District to C -1, Commercial Professional Zoning District ' (CEX- 037 -NN). Change official Zoning Atlas Map 18505N t. Iwgal Description; Lots 1 -5, Block 11, Bonita Shores,. Unit 2, according to the plat thereof, recorded in Plat Book 3, Page 43 of the Public Records of Collier.County,: Florida. Rezoned from C -3, Commercial Intermediate Zoning District to C -1, Commercial Professional Zoning_District (CEX- 036 -") Change official Zoning Atlatl Map 19565N. 3. Legal Descriptions Lot 6, Block 26, Bonita Shares, Unit 3, according to the plat thereof, recorded in Plat Book 3, page s0 of the Public Records of Collier County; Florida. Rezoned from C -3, Commercial intermediate Zoning District: to C -3, Commercial Intermediate Zoning District subject to the following conditions (CEX- 002- NN /A)Z A. only the following principal uses, as listed in the Land Development Code (Ordinance 191 -102), are permitted: (1) All permitted uses of the C -1/T, Commercial e professional /Transitional District, except care Units, Nursing Homes, Museums and Art Galleries, and Non- depository Credit institutions. (2) All conditional uses of the C -1 /T, Commercial Professional /Transitional District, except Increased Building Height, Mixed Residential and Commercial Uses, and Depository.Institutions. .(3) Apparel and Accessory Stores .(5611.- apparel accessory stores, hat stores_, and tie shops only; 5632 - excluding fur apparel made to custom order, fur shops, and furriers; 5641 and 5699) (4) Business Services (7311;_73131.7322 - 73381 7361 -73791 7384; 7389 except auctioneering service, field warehousing, bottle labeling, packaging and labeling, salvaging of damaged merchandise, scrap steel cutting and slitting) (5) Food Stores (5421 - fish markets and seafood markets only; 54311 5441; 5451 - excluding ice cream store; 5461 and 5499) (6) General Merchandise Stores (5331) (7) Health services (8011 -8049 and 8082) (8) Home Furniture, Furnishings and Equipment Stores (57141 57191 5735 and 5736) (9) Miscellaneous Repair Services (7629 and 7631) (10) Miscellaneous Retail (5932 - antique stores, antique furniture, antique glassware, antique home - furnishings, and antique objects of art only; 5942; 5943; 5944 - excluding jewelry, precious stones i toot P!53 ►Acc 339 Agenda Item No. 16A30 December 13, 2005 Page 36 of 7h and precious metals$ including custom made; 5945 -: t Residential Tourist Zoning District subject to the shops only; 5946; 5947; 5949; 59921 5993 and 5999 - following conditions (CEX- 041 -N)f): excluding ice dealers and pet shops) (11) t (12) #t: (13) i. Agenda Item No. 16A30 December 13, 2005 Page 36 of 7h 4. Legal Description- Lot 47, Slack 56, Naples Park, Unit 5, according to the plat thereof, recorded in Plat Book 3, . Page 14 of the public Records of Collier County, Florida. j t Rezoned from RMF -6, Residential Multi - Family Zoning ;t. District to C -3, Commercial intermediate Zoning District so as to allow development compatible with surrounding properties. Change Official Zoning Atlas Map #8533N iv 5. Legal Description$ Lots is and 19, and the South 8.9 feet r.' of Lot 17, Palm River Shores, according to the plat a.. thereof, recorded in Plat Hook 3, Page 27 of the Public Records of Collier County, Florida. M STRAP 9482522- 036.000, further described as lyinq in Section 22, Township 48 South, Range 25 Last, Beginning at the Northwest corner of Lot 1, Pala River Shores, thence. run Last 113.27 feet, thence run North 71' East 313.27 feet, thence run Southeasterly along the waterway 218.5 feet, thence run Southwesterly along arc of curve 173.82 feet, thence run South 86' West 287.24 feet, thence run West 100 feet to the zest line of U.S. 41, thence run North 265 feet to Point of Seginning; as recorded in official Record Book 1431, Page 1534. and precious metals$ including custom made; 5945 -: ceramics supplies, craft kits and supplies, and hobby Residential Tourist Zoning District subject to the shops only; 5946; 5947; 5949; 59921 5993 and 5999 - following conditions (CEX- 041 -N)f): excluding ice dealers and pet shops) (11) Paint, Glass and Wallpaper Stores (5231) (12) Personal Services (7212; 7221; 7231; 7241;'and 7291) (13) Veterinary Services (0742 excluding outside b. kenneling) (14) Any other intermediate c reial use which is shall be 15 feet and shall be constructed and located comparable in nature with the foregoing uses. b. All conditional uses listed in the C -3 District of the Land Development Code are permissible as conditional residentially zoned property. uses, subject to the standards and procedures C. established in Division 2.7.4 of the Land Development Code. e. All buildings are limited to a maximum height of 35. feet. 4 Change Official Zoning Atlas Map 18505S 4. Legal Description- Lot 47, Slack 56, Naples Park, Unit 5, according to the plat thereof, recorded in Plat Book 3, . Page 14 of the public Records of Collier County, Florida. j t Rezoned from RMF -6, Residential Multi - Family Zoning ;t. District to C -3, Commercial intermediate Zoning District so as to allow development compatible with surrounding properties. Change Official Zoning Atlas Map #8533N iv 5. Legal Description$ Lots is and 19, and the South 8.9 feet r.' of Lot 17, Palm River Shores, according to the plat a.. thereof, recorded in Plat Hook 3, Page 27 of the Public Records of Collier County, Florida. M STRAP 9482522- 036.000, further described as lyinq in Section 22, Township 48 South, Range 25 Last, Beginning at the Northwest corner of Lot 1, Pala River Shores, thence. run Last 113.27 feet, thence run North 71' East 313.27 feet, thence run Southeasterly along the waterway 218.5 feet, thence run Southwesterly along arc of curve 173.82 feet, thence run South 86' West 287.24 feet, thence run West 100 feet to the zest line of U.S. 41, thence run North 265 feet to Point of Seginning; as recorded in official Record Book 1431, Page 1534. 2 boor 41.53 rAc:340 Rezoned from RT, Residential Tourist Zoning District to RT, Residential Tourist Zoning District subject to the following conditions (CEX- 041 -N)f): a. The maximum height of buildings shall be limited.to two (2) stories. b. The maximum height of exterior lighting fixtures shall be 15 feet and shall be constructed and located in a manner so that no light is directed toward a residentially zoned property. C. All recreational facilities are to be located on the . north side of the property (away from nearby residential zoning). d. 7► landscape butler shall be provided along the east r• and south property lines in accordance with Section k2.4.7.4, Alternative H, of the Land Development Code. e. There shall be no boat docks or boat ramps on the. property or waterways abutting the site. 2 boor 41.53 rAc:340 Agenda Item No. 16A30 December 13, 2005 Page 37 of 71 f. An adequate water management plan shall be devised to prevent surface run -off to the Cocchatchee River (Horse creek) and adjoining waterways. g. Additional red mangrove seedlings shall be planted along canal banks and in the riprap area. This shall be included in the landscaping plan to be reviewed for approval by the Project Review Services . Environmental Specialists. h. Detailed site drainage plans shall be submitted to the County Engineer 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 the County Engineer. i. In accordance with the Rules of South Florida Water Management District (SFWMD) Chapters 40E -4 and 40E -40, this project shall be designed for a storm event of one hour duration and a 3 -year return frequency to provide full water quality treatment of storm run -off before discharge into Horse Creek. j. The developer shall provide a northbound right turn lane on U.S. 41 at the project entrance. k. The developer shall provide arterial level street lighting at the project entrance and exit. 1. It is anticipated that additional right- of-vay will be required for the future widening of U.S. 41. However, it shall be the Petitioner's responsibility to ascertain this fact from the Florida Department of Transportation and.make arrangements for donation of right -of way if needed. M. Utility Division stipulations per their memo dated December 12, 1985, attached.. n. Any establishment requiring CCPHU permit, must submit plans for review and approval. o. A minimum 8 inch water main and firs hydrants shall be installed in this area to provide adequate fire .protection. p. No median cut shall be re stated from Florida Department of Transportation. q. Any existing boat docks and ramps . are to be removed. r. No interval- ownership is permitted. (time share) s. The motel structures shall be located generally as shown on the submitted site plan dated 11/8/85 and revised 11/26/85 (i.e., structures facing the water with parking internal to the site). change Official zoning Atlas Map #8522N Legal Description: Lots 1 -18, Block C, Vanderbilt Beach Center, according to the plat thereof, recorded in Plat Book 3, Page 16 of the Public Records of Collier county, Florida. Rezoned from C -3, Commercial Intermediate zoning District to C -3, Commercial. Intermediate Zoning District subject to the following conditions (CEX- 007 -NN): a. There shall be no access from Commerce Street or Gulf Shore Court. only one access point shall be allowed on Vanderbilt Beach Road (for all 18 lots combined) and a deceleration lane shall be provided for this. access point. change Official Zoning Atlas Map #853221 3 eoD+� n5;3 �xc� 341 a. Prior to the issuance of any development orders, a Preliminary subdivision Plat to- include all of.Wiggins.. Pass Landings Unit 1 Addition and all of Wiggins Pass Landings.Unit 1, except for Lots 8 -10, Block 1 of_ Wiggins Pass Landings Unit 1, shall be submitted to Collier County'fok review and approval. The purpose of y 4 Inc 3 PA 342 Agenda Item No. 16A30 December 13,2005: Page .38 of 7 7. Legal Description: Lots 1 -7, Block 11 Wiggins Pass Landings', Unit 1, according to the plat thereof, recorded in Plat Book. 10, Page 44 of the Public Records of Collier county, Florida. R Rezoned from RMF -6, Residential Multi- Family Zoning District to RMF -6, Residential Multi - Family Zoning District subject to' the following condition so as to allow development compatible with surrounding propertiess. a. Prior to the issuance of any development orders, a Preliminary Subdivision' Plat to include all of Wiggins Pass Landings Unit 1 Addition and all of Wiggins Pass Landings Unit 1, except for .Lots 8 -10, Block i of Wiggins Pass Landings Unit 1, shall be submitted to Collier County for review.and approval. The purpose of C this Preliminary Subdivision Plat is to indieat: the ability to provide adequate infrastructure including, but not limited to, roads, water, sewer, street lighting, sidewalks and drainage facilities to serve the properties, pursuant to Division 3.2 of the Collier: r County -Land Development Code. Change official. Zoning Atlas Map ;852,03. Legal Description: Sleek 2 undivided, Wiggins Pass Landings, Unit 1, according to the plat thereof, recorded in Plat Book 10, Page 44 of the Public Records of Collier County, Florida. - Rezoned from C -3 and C -3ST, Commercial Intermediate Zoning. District and Commercial intermediate Zoning District with p Special Treatment Overlay to RMF -12 and RMF -12ST, Residential tt Multiple Family Zoning District and Residential Multiple :,. Family Zoning District with special Treatmant overlay, all �:• with a maximum density of 6 units per acre subject to the following conditions a. Prior to the issuance of a development d Preliminary Subdivision Plat to include all Wiggins Pass Landings Unit 1 addition and all of Wiggins Pass: Landings Unit 1, except for Lots 8 -10, Block 1 of . Wiggins Pass Landings Unit 1, shall be submitted to Collier County for review and approval. The purpose of . this Preliminary Subdivision Plat is to indicate the ability to provide adequate infrastructure including, but not limited to, roads, water, sewer, street lightingq, sidewalks and drainage facilities to serve the. properties, pursuant to Division 3.2 of the Collier county Land Development Code. Change Official Zoning Atlas Map /65205 ,:. 9. Legal Description: Lots n and 2, Block 3, Wiggins Pass' F Landings, Unit 1, according to the plat thereof, recorded in Plat Book 10, Page 44 of the Public Records of Collier County, Florida. Rezoned from RMF -6, Residential Multi - Family Zoning District j to RMF -6, Residential Multi - Family Zoning District subject to the following condition so as to allow development compatible.' with surrounding properties: a. Prior to the issuance of any development orders, a Preliminary subdivision Plat to- include all of.Wiggins.. Pass Landings Unit 1 Addition and all of Wiggins Pass Landings.Unit 1, except for Lots 8 -10, Block 1 of_ Wiggins Pass Landings Unit 1, shall be submitted to Collier County'fok review and approval. The purpose of y 4 Inc 3 PA 342 0 10. 11. 12. Agenda Item No. 16A30 December 13, 2005 - Page 39 of 7 this Preliminary subdivision Plat is :to indicate the,, ability to provide adequate infrastructure including., but not limited to, roads, water, sewer, street lighti, sidewalks and drainage facilities to serve the prcpert ng es, pursuant to. Division 3.2 of the Collier County Land Development Code. Change Official Zoning Atlas Map #85208 Legal Description: Lots 3, 4, 5, 11, 12 and 13, Block 3, Wiggins Pass Landings, Unit 1, according to the plat thereof,' recorded in Plat Book 10, Page 44 of the Public Records of Collier County, Florida. Rezoned from mm -16, Residential Multiple Family Zoning District to RMF -12, Residential Multiple Family :Zoning District with a maximum density of 6 units par acre subject to the following condition so as to allow development compatible with surrounding properties: A. Prior to the issuance of any development orders, a Preliminary Subdivision Plat to include all of Wiggins Pass Landings unit 1 Addition and all of Wiggins Pass Landings Unit 1, except for Lots 8- 10,0:9lock 1 of . Wiggins Pass Landings Unit 1, shall be submitted to. Collier County for review and approval.. The :purposs of this Preliminary Subdivision Plat is to indicate the: ability to provide adequate infrastructure including, but not limited to, roads, water, sewer, street: lighting, sidewalks and drainage facilities to serve the properties, pursuant to Division 3.2 of the Collier County Land Development Cods. Change official Zoning Atlas Map #85208 Legal Description: Lots 7, 8 and 9, Block 3, Wiggins Pass Landings, Unit 1, according to the plat thereof, recorded in Plat Book 10, Page 44 of the Public Records of Collier County, Florida. Rezoned from RMF -128T, Residential multiple Family Zoning District with Special-Treatment Overlay to RMF -12ST, Residential Multiple Family Zoning District with special Treatment Overlay and with a maximum density of 6 units per acre subject to the following condition so as to allow development compatible with surrounding properties: a. Prior to the issuance of any development orders, a Preliminary Subdivision Plat to include all of Wiggins Pass Landings Unit 1 Addition and all of Wiggins Pass Landings Unit 1, except for Lots 8 -10, Block i of Wiggins Pass Landings Unit 1, shall be submitted to Col-lier county for review and approval. The purpose of this Preliminary Subdivision Plat is to indicate the ability to provide adequate infrastructure including# but not limited to, roads, water, sewer, street lighting, sidewalks and drainage facilities to serve the. properties, pursuant to Division 3.2 of the Collier County Land Development Code. Change Official Zoning Atlas Map /85208 Legal Description: Lots 6, 10, 14, 15 and 16, Block,2, Wiggins Pass Landings, Unit 1, according to the plat . thereof, recorded in Plat Book 100 Page 44 of the Public Records of•• Collier County, Florida. s soon ��53 ►.sf 34� Agenda Item No. 16A30 December 13, 2005 Page 40 of 7� Rezoned from RMF -12ST, Residential Multiple Family Zoning District with Special Treatment Overlay and IM-16, Residential Multiple Family Zoning District to RMF -12 and RMF -128T, Residential Multiple Family Zoning District and Residential Multiple Family Zoninq District with special Treatment Overlay, all with a maximum density of 6 units per acre subject to the following condition so as to allow development compatible with surrounding properties: a. Prior to the issuance of any development orders, a Preliminary Subdivision Plat to include all of Wiggins Pass Landings Unit 1 Addition and all of Wiggins Pass Landings Unit 1, except for Lots 8 -10, Block i of Wiggins Pass Landings Unit 1, shall be submitted to Collier County for review and approval. The purpose of ;� this Preliminary Subdivision Plat is to indicate the ability to provide adequate infrastructure including, but not limited to, roads, water, sewer, street lighting, sidewalks and drainage facilities to serve the County Land pursuant evel pm nt Code. 3.2 of the Collier Change Official Zoning Atlas Map #85208 'r 13. Legal Descriptions Lots 1 -4, Wiggins Pass Landings, Unit 1 Addition, according to the plat thereof, recorded in Plat Book 10, Page 81 of the Public Records of- Collier County, Florida. Rezoned from C -3, Commercial Intermediate zoning District to RMF -12, Residential Multiple Family Zoninq - District with a maximum density of 6 units per acre subject to the following condition: A. Prior to the issuance of any development orders, a Preliminary Subdivision Plat to include all of Wiggins Pass Landings Unit 1 Addition and all of Wiggins Pass .�: Landings Unit 1, except for Lots 8 -10, block 1 of Wiggins Pass Landings Unit 1, shall be submitted to Collier County for review and approval. The purpose of y. this Preliminary Subdivision Plat is to indicate the ability to provide adequate infrastructure including, but not limited to, roads, water, sewer, street lighting, sidewalks and drainage facilities to serve the properties, pursuant to Division 3.2 of the Collier County Land Development Code. Change Official Zoning Atlas Map #8520S 14. Legal Descriptions STRAP#.482503- 005.000, further described as lying in Section 5, Township 48 South Range 25 East, Collier County, Florida, Beginning at the intersection of the West line of Section 5 with the South line of Bonita Beach Road, run East 345 feet, thence run South 370 feet, thence 1'. run South 86• West 225 feet, thence run North 67• West 132.52 feet to the West section line, thence run North 330 feet along the West line of Section 5 to the Point of Beginning, as recorded in Official Record Book 1541, Page 592. Rezoned from C -4, General Commercial Zoning District to C -3, Commarcial Intermediate Zoning District (CEX- 025 -NN). change Official Zoning Atlas Nap #8505N 15. Legal Description: STRAP #482509- 002.001, further described as lying in Section 9, Township 48 South, Range 25 East, Collier County, Florida, the North 268 feet lying East of U.S. 41 as recorded in Official Record Book 610, Page 1174. 6 soon 1653. Phu 344 Agenda Item No. 16A30 December 13, 2005 Page 41 of 71 �. Rezoned from RMF -6, Residential Multi- Family Zoning District to RMF -6, Residential Multi- Family Zoning District with a minimum base density pursuant.to the Density Rating System contained in the Future Land Use Element of the Growth Management Plan (CEX- 043- NN /A). Change Official Zoning Atlas Map #8509N 16. Legal Descriptiont STRAP #482510- 018.000, further described as lying in Section 10, Township 48 South, Range 25 East, Collier County, Florida, the North 757.11 feet of the Northwest 1/4 as recorded in Official Record Book 610, Page 1174. Rezoned from RMF -6 and RMF -6ST, Residential Multi - Family Zoning District and Residential Multi - Family Zoning District with special Treatment Overlay to RMF -6 and RMF -68T, Residential Multi - Family Zoning District and.Residential Multi- Family Zoning District with Special Treatment Overlay, all with a minimum base density pursuant to the Density At Rating system contained in the Future Land Usa Element of the Growth Management Plan (CEX- 054- NN /A). Change official Zoning Atlas Map 0851OR 17. Legal Descriptions Portion of STRAP #482510 - 040.000, further. described as lying in Section 10, Township 48 South, Range 25 East, Collier county, Florida, commence at the Southwest corner of 8ectio;i 10, thence run south 89.52147" East along the South line of the southwest 1/4 of said section 10 for a distance of 552.04 feet to the Point of Beginning of the parcel of land herein described; thence continue South 89.52047* East along the South line of the Southwest 1/4 of Y said section 10 for a distance of 326.21 feet to a point on the Westerly right- of-way line of State Road No. 45 (C.R. 887, Formerly U.S. 41, Tamiami Trail, a 150.00 foot right -of -way); thence run North 311221300 East along said Westerly right- of-way line for a distance of 626.97 feet; thence run South 90.00100° West for a distance of 620.39 feats thence run South 11'18037» East for a distance of 97.82 . feet; thence run South 02'23146m East for a distance of 134.53 feats thence run South 20.01.14" West for a distance r. of 138.74 feat; thence run South 03'08937" West for a distance of 174.18 feet to the Point of Beginning, as 4: •. recorded in official Record Book 1221, Page 981. r Rezoned from C -4, General Commercial Zoning District to C -3, Commercial Intermediate Zoning District subject to the following conditions (CEX- 012- NN /A)s s; a. The following uses are prohibited; Gasoline Service • Station; Drive -In Restaurants and Fast Food Restaurant. b. The property shall be developed as a Unified Plan of Development. This Plan shall be subject to review and approval by the Board of County Commissioners. �= For purposes of this condition, a Unified Plan of Development means a Preliminary Subdivision Plat * (PSP) or, if the property is not subdivided, a Preliminary Site Development Plan (PSDP).. The Unified Plan of Development shall be consistent with the provisions of the Land Development Code and, . whether a PSP per Division 3.2 or a PSDP per Division ;•• 3.9, shall includes the location of all proposed •'`' access points and road rights -of -way; the proposed common architectural theme and controls; and the proposed landscape theme. 7 In( x.53 Pip. 345L Agenda Item No. 16A30 . December 1.3, 2005 Page 42 of c. All buildings are limited to a maximum height of 35 feet. d. A landscape buffer shall be provided along the north y'.. property line meeting the requirements of Section 2.4.7.4, Alternative B, of the Land Development Code,, �• except that the buffer area shall be 30 feet wide. e. The building setback from the north property line (abutting Meadowbrook Estates PUD) shall be 300 feat. Change official Zoning Atlas Map #85108 Legal Descriptions. STRAP #482515 - 002.000, further described as lying in Section 15, Township 48 South, Range 25 East, Collier County, Florida, the Northwest 1/4 of the Northwest 1/4, West of U.S. 41, less the right -of -way, as recorded in Official Record Hook 1093, Page 2018. AND. STRAP #482516 - 010.001, further described as lying in Section 16, Township 48 South, Range 25 East, Collier County, Florida, the Borth 1/2 of the Northeast 1/4, less' the North 268.54 fast, less the portion West of U.S. 41, and less U.S. 41 right -of -way, as recorded in Official t. Record Book 1086, Page 1821. �. Rezoned from C -4, General Commercial Zoning District to C -4, General Commercial Zoning District subject to the following conditions (CEX- 010- NM/A)s r �. a. The following uses are prohibited; Gasoline Service Station; Drive -In Restaurant# and Fast Food Restaurant. b. The property shall be developed as a Unified Plan of Development. This Plan shall be subject to review and approval by the Board of County Commissioners. ' For purposes of this condition, a Unified Plan of Development means a Preliminary Subdivision Plat (PSP) or, if the property is not subdivided, a Preliminary Site Development Plan (PSDP). The Unified Plan of Development shall be consistent with the provisions of the Land Development Code and, whather a PSP per Division 3.2 or a PSDP per Division 3.3, shall include: the location of all pr *ad access points and road rights -of -way; the proposed common architectural theme and controls; and the proposed landscape theme. C. The subject property shall not be subdivided to create more than two gurparcels. That is, the property shall not be subdivided to create more than three lots or parcels. For purposes of this- . condition, an out - parcel is a parcel or tract of land t' under or designed to be under separate ownership and ,,•. which otherwise meets the requirements of the C -4 R. zoning district, excopt to the extent said requirements are modified under a unified plan as contemplated by the Land Development Code. 1 d. All buildings are limited to a maximum height of 40 dt, feet. a.. Building setbacks from adjacent road rights -of-way shall be 75 feet for the southern 300 feet of the site. f. Buildinq setbacks from adjacent road rights- of-way shall be 100 feet for the remainder of the site. A landscape buffer shall be provided adjacent to all road rights- of-way as required by Section 2.4.7.4, Alternative D, of the Land Development Code, except that the buffer area shall be 30 feet wide. S boor �.53��:346 Agenda Item No. 16A30 December 13, 2005 Page 43 of 71� h. The subject property shall be' limited in development to a maximum of 150,000 square. feet of gross leasable: floor area. Change Official Zoning Atlas Nap 08315M and f6516N . 19. Legal Description: STRAP 1482515- 033.000 further described as lying in Section 15, Township 46 South, Range. . 25 Last, Callier County, Florida, Commencing at the Southwest corner of Section 15, run North 89• East 15 feet, thence run North 200.03 feet, thence run North 89• East 600.09 feat, thence run North 541.38 feet, thence run South 89' West 600.08 feet, South to Point of Beginning, as Recorded in official Record Book 1261, Page 3467. Rezoned from C -3, Commercial intermediate Zoning District to C -3, commercial Intermediate Zoning District subject to the following condition (CLX- 016 -NN): a. A landscape buffer .shall be provided elong' the south property line in accordance with section 2.4.7.4, Alternative C, of the Land Development Code.. Change Official Zoning Atlas Nap 165158 20. Iwgal Description: A portion of STRAP ;482516 - 001.000' further described as lyinq in Section 16, Township 48 _ South, Range 25 Last, Collier County, Florida, the North 266..54.fest of the Northeast 1/4 lying East of U.S. 41, Tess the right -of -way, as recorded in Official Record Hook 610, Page 1174. Rezoned from C -4, General Commercial Zoning District to C -40 General Commercial Zoning District subject to the, following conditions so as to allow development compatible. with surrounding properties: a. The following uses are prohibited: Gasoline Servicer Stationt Drive -ln Restaurantt and last Food Restaurant.`. b. The property shall be developed as a Unified Plan of Development. This Plan shall be subject to review and approval by the scard of County Comm ssioners.. For _ purposes of this condition a Unified Plan of Development means a Preliminary Subdivision Plat (PSP) or,, if the property is not subdivided, a Preliminary Site Development Plan (PSDP). The Unified Plan of . Development shall be consistent with the provisions-of- the Land Development Code and, whether a PSP per ..Division 3.2 or a PSDP per Division 3.3, shall include: the location of all proposed accesss points and road rights -of -ways the proposed common architectural theme, . and controls; and the proposed.landscaps theme. C. The subject property shall not be subdivided to create more than two ourparcels. That is, the property shall not be subdivided to create more than three lots or parcels. For purposes of this condition, an out - parcel . is a parcel or tract of land under or designed to be under separate ownership and which otherwise meets the requirements.of the C -4 zoning district, except to the extent said requirements are modified under a unified plan as contemplated by the Land Development Code. d. All buildings are limited to a maximum height of 40 feet. a. A landscape buffer shall be provided adjacent to all road rights -of -way as required by Section 2.4.7.4, Alternative D, of the Land Development Coda, except that the buffer area shall be 30 feet wide. 9 , QM PAct 347 Agenda Item No. 16A30 December 13, 2005 . Page 44 of 7" IL access to the subject property is initially provided onto U.S. 41, the project development shall be designed such that U.S. 41 access can be sliminated.or restricted and replaced or supplemented with an access onto future County Road 660 pursuant to a request by Collier County and /or the Florida Department of Transportation. The building setback from the North property line shall be 50 feat instead of the 23 feet required in the Land Development Code. The purpose for the additional 25 feet setback is for possible right -of -way for future County Road 860. The evaluation of right -of -way need may occur during. Preliminary Subdivision Plat or Preliminary Site Development Plan review.` aange Official Zoning Atlas Map #85169 sgal Description: Portion of STRAP #482516- 001.000 further ascribed as lying in Section 16, Township 48 South, Range 25 set, Collier. County, Florida, the North 268.54 feet of the ortheast 1/4 lying hest of U.S. 41, less the right -of -way, s recorded in Official Record Book 610, Page 1174. ,ezcned from RMF -6, Residential Multi - Family Zoning District :o RSF -4, Residential Single Family Zoning District with 'a Maximum density of 3 units per acre and with the requirement :o interconnect with adjacent properties.. :hangs official Zoning Atlas Map #8516N Agal Description: STRAP 0482516- 002.000 further described is lying in Section 16, Township 48 South, Range 25 Zest, Jollier County, Florida, the Northwest 1/4, less the West 50 loot and less the South 70 feet, as recorded in official tecord Book 610, page 1174. Rezoned from RSF -4, Residential Single Family Zoning District :o RSF -4, Residential Single Family Zoning District subject to the following conditions (CZX- 045 -NN): n. Access must be provided on Vanderbilt Drive and Wiggins Pass Road. b. Interconnection with adjacent properties to the east must be provided when physically possible. Change official Zoning Atlas Map 08516N Legal Description: STRAP #482516 - 009.000 further described as lying in Section 16, Township 48 South, Range 25 East, Collier County, Florida, the Southwest 1/4 of the Northeast 1/4 as recorded in official Record Sock 1641, Page 2347. Fi STRAP # 482516- 010.000 further described as lying in Section 16, Township 48 South, Range 25 East, Collier County, Florida, the North 1/2 of the Northeast 1/4, less the North 268.54 feet, less property described in Official Record Book 404, Page 504, loss U.B. 41 right -of -way, and less that portion East of U.S. 41, as recorded in Official Record Book 1641, Page 2347. Rezoned from RMF -6, Residential Multi - Family Zoning District to RSF -4, Residential Single Family Zoning District with the requirement to interconnect with adjacent properties. Change Official Zoning Atlas flap #8516N 10 door P5.3 m.-.1-481 M. Agenda Item No. 16A30 December 13, 2005 Page 45 of 71 24, Legal Descriptions STRAP 1462517- 001.000 further described as lying.in Section 17, Township 46 South, Range 25 Last, Collier County, Florida, the Northeast 1/4 of the Northeast 1/4 plus the North 1/2 of the Southeast 2/4 of the Northeast 1/4 plus the Southwest 1/4 of the Southeast 1/4 of the Northeast 1/4, less the right -of -way, as recorded in Official Record Book 610, Page 1174. Rezoned from RSF -3 and RSF -35T, Residential Single Family .Zoning District and Residential Single Family Zoning District with Special Treatment overlay, RMF -6 and RMF -6ST, Residential Multi - Family Zoning District and Residential Multi - Family Zoning District with :Special Treatment Overlay, to RSF -3 and RSF -3ST, Residential Single Family Zoning District and Residential Single Family Zoning District with Special Treatment Overlay, and RMF -6 and RMF -6ST, Residential Muiti- Family Zoning. District and Residential Multi - Family Zoning District with Special Treatment Overlay, all with a maximum density of 3 units per acre. Change Official Zoning Atlas Map 08517M 25. Legal Descriptions STRAP #482517 - 005.000 further described as lying in Section 17, Township 48 South, Range 25 East, Collier County, Florida, Mainland Government Lots 1, 2 and 3 lying East of Agreed Line in Official Record_ Book 68, Page 235, together with accretion attached thereto, plus the Southeast 1/4 of the Southeast 1/4, less: the East 50 feet and less the Northeast 1/4 of the Southeast 1/4 of the Southeast 1/4 and lass that portion of the Southeast 1/4 of the Southeast 1/4 of the Southeast 1/4 of Section 17, Township 48 South, Range 25 East, described as follows From the Northeast corner of the Southeast corner of the Southeast 1/4 of the-Southeast 1/4 of said Section 17 run South 89' Best for 50 feet to Point of Beginning, thence run South 69' hest for 186.65 to-a point on Bulkhead Line as shown on plat thereof, recorded in Bulkhead Line Plat Book 1, Page 7 of the Public Records of Collier County, Florida, thence run South 41' want for, 133.10 feet along said bulkhead, thence run East for 120 feet, thence run North 89' East 275.72 feet to a point on West right- of-way line and State Road (S- 865A), thence run Nest 220 feet to the Point of Beginning, as recorded in Official Record Book 238, Page•91, as recorded in official Record Book 610, Page 1174. Rezoned from RSP -3 and RSF -38T, Residential Single Family Zoning District and Residential Single Family Zoning . District with Special Treatment Overlay, and RMF -6ST, Residential Multi - Family Zoning District with Special Treatment Overlay, and RMF -12ST, Residential Multiple Family Zoning District with Special Treatment Overlay, and C -1, Commercial Professional Zoning District to RSF -3 and RSF -38T, Residential Single Family Zoning District and Residential Single Family Zoning District with Special Treatment Overlay, and RMF -6 and RMF -6ST, Residential Multi- Family Zoning District and Residential Multi - Family Zoning District with Special Treatment Overlay, and Mr-12 and RMF -12ST, Residential Multiple Family and Residential Multiple Family with Special Treatment Overlay, all with a maximum density of 3 units per acre. Change Official Zoning Atlas Map #8517N and #8517S 11 69or x.53 ►��� 349 Agenda Item No. 16A30 December 13, 2005 Page 46 of 70 26. Legal Descriptions STRAP #4B2520- 002.000 further described as lying in section 20, Township 48 south, Range 25 East, Collier County, Florida, Mainland Goverment Lots 1, 2 and 3 lying East of Agreed Line in official Record: Book 66, Page 23.5, together with accretion attachod s thereto, the East 1/2 of the Northeast 1/4 plus the East 1/2 of the Southeast 1/4, lass the East 50 feet and less, the South 90 feet, less Baker Carroll Point, less Wiggins. Pass Landings Unit 1, less Wiggins Pass Landing$ Unit 1. Addition, and less property described in •stfictal Record Book 542, Page 647, as recorded in Official AM.,Ard Book. 610, Page 1174. Rezoned from RMF -6 and =F-63T, Residential Multi- Family, Zoning District and Residential Multi - Family Zoning District with Spacial Treatment Overlay and MP-12 and RMF -12ST, Residential Multiple Family Zoning District and Residential Multiple Family Zoning District with Special Treatment Overlay, and.0 -1 and C -13T, Commercial Proressional Zoning District and Commercial Professional Zoning District with Special Treatment Overlay to RMF -6 and RMF -65T, Residential Multi - Family Zoning District and.' Residential Multi - Family Zoning District with special 'treatment Overlay, and RMF -12 and RMF -12ST, Residential Multiple Family and Residential Multiple Family with Special Treatment Overlay, all with a maximum density of 3 units per acre. Change Official Zoning Atlas Map #8520N 27. Legal Descriptions STRAP #482520- 005.000 further described as lying in Section 20, Township 48 South, Range 25 East, Collier County, Florida, Beginning at the intersection of the North boundary of Wiggins Pass Landings Unit 1 and the mean high water line of the bay, run Northwesterly, Northerly and Northeasterly along said water line 2,920 feet to the right- of-way line of State Road 865A,.thence run South 1,870 feet, thence run West. 200 feet, thence run North 163.77 feet, thence run West 930 feet to Point of Beginning, as recorded in Official . Record Book 610, Page 1174. Rezoned from RMF -6 and RMF -6ST, Residential Multi- Family Zoning District and Residential Multi - Family Zoning District with special Treatment Overlay, and RMF -I2ST, Residential Multiple Family Zoning District with special Treatment Overlay, and RMF -16 and RMF -16ST, Residential Multiple Family Zoning District and Residential Multiple Family Zoning District with Special Treatment Overlay to RMF -6 and RMF -6ST, Residential Multi- Family Zoning District and Residential Multi- Family Zoning District with Special Treatment Overlay, and RMF -12 and RMF -12ST, Residential Multiple Family and Residential Multiple Family with Special Treatment Overlay, all with a maximum density of 3 units per acre. Change Official Zoning Atlas Map f8520N and #85205 12 i0p V,93 PAGE 350 Agenda Item No. 16A30 December 13, 2005 Page 47 of 7 i mouth iiaales plannine Community 1. L,agal Description: 'Lot 27, Block A, Myrtle Cove Acres, Unlit 1, according to the plat thereof, recorded in Plat Book 3, Page 38 of the Public Records of Collier Codnty," y 3 Florida. Rezoned frog C -4, General Commercial Zoning District. to C -4, General Commercial Zoning District r1bject to the following condition (CZX- 023 -SN): a.. Principal structures shall be limit.:.! ts> rhrae stories in height. change Official Zoning Atlas Map f06298 . 2. Legal Descriptions Lots 30, 31 and 32, Block B, Myrtle Cove Acres, Unit 1, according to the plat thereof, recorded in Plat Book 3, Page 38 of the Public Records of Collier County, Florida. r.. Rezoned from C -4, General commercial Zoning District to C -4, General Commercial Zoning District subject to the following conditions (CEX- 007 -SN): a. ,Principal structures shall be limited to three stories in height. +: b.- The subject property (all 3 lots combined) shall be served with one single access int onto U.S. 41- Last, subject to FDOT and Collier County Transportation Services approvals. Change Official Zoning Atlas Map #06293 of 3. Legal Description: Lots 20 and 21, Block C, Myrtle Cove Acres; Unit 1, to the plat thereof, recorded in .according Plat Book 3, Page 36 of the Public Records of Collier . County, Florida.: Rezoned from C -4, General commercial Zoninq District to ' C -4; General Commercial Zoning District subject to the . ` following conditions (CEX- 010 -8N): a. Principal structures shall be limited to three stories in height. Is.. The subject property (both lots combined) shall be served with one single access point onto U.S. 41 East, subject to FDoT and Collier County Transportation Services approvals. Change Official Zoning Atlas Map i0629S 4. Legal Descriptions Lots 22 and 23, Block C, Myrtle Crowe k c.. Acres, Unit 1, according to the plat thereof, recorded in Records Collier Plat Book 30 Page 38 of the Public of County, Florida. Rezoned from C -4, General Commercial Zoning District to. . C -4, General Commercial Zoning District subject to the following condition so as to allow development.compatible, u; with surrounding properties: a. The subject property (both lots combined) shall be served with one single aecess.point onto U.S. 41 East, subject to FDOT and Collier County Transportation Services approvals. Change Official Zoning Atlas Map 106295 13 Dots x'53 3 51 Agenda Item No. 16A30 December 13; 2005 —�� Page 48 of 71 S. Le al Descriptions. Lots 1 -3, Block D, Myrtle Cove.Acres, Unit 1, according to the plat thereof, recorded in Plat Book 3, Page 38 of the Public Records of Collier County, Florida. Rezoned from C -4, General commercial Zoninq.District to' C -4, General Commercial Zoning District subject to the following condition so as to allow development compatible with surrounding properties: a. The subject property (all 3 lots combined) shall be served with one single access point onto U.S. 41 East, subject to FDOT and Collier County Transportation Services approvals. Change Official Zoning Atlas Map #06295 6. Legal Descriptions Lots 1, 2, 3, 4, and 5, Block One, Naples Manor Unit No. 1, as recorded in Plat Book 3, Page 57, of the Public Records of Collier County, Florida, less and except part of Lots i and 2 described as follows :ginning at the intersection of the Northeasterly right- of-way line of U.S. 41 with the Southeasterly line- of Dixie Drive, said corner being the Southwesterly corner of Lot 1, block One, Naples Manor Unit No, i as recorded in Plat Book 3, Page 57 of the Public Records of Collier County, Florida; thence along the Southeasterly line of Dixie Drive, crossing a 25 foot wide-Florida Power i Light Co's. utility easement North 501- 53' -40" East 25._0 feats thence continuing North 30'- 53' -40" East 140.0 festi thence South 39'- 06' -20" East and parallel to Floridan Avenue 160.63 feats thence South 500- 530 -40" West and' parallel to Dixie Drive 165.0 feat to the Northeasterly right -of -way line of U.S. 41; thence along said right -of -way line North 39'- 061 -20" West 160763 feet to the Point of Beginning. Rezoned from C -4, General Commercial Zoning.District to. C -4, General commercial Zoning District subject to the . following conditions: (CEX- 003 -SN): a. A landscape buffer shall be provided along the entire frontage of Floridan Avenue in accordance with Section 2.4.7.4, Alternative H, of the Land Development Code (Ordinance 91 -102)' b. Principal structures shall be limited to three stories in height. C. The subject property (all lots combined) shall only be served with one single access onto U.S. 41 East. d. Access onto Floridan Avenue is prohibited. Change Official Zoning Atlas Map #0629H 7. Lagal Descriptions Lots 1 -4, Block 2, Naples Manor, Unit 10 . according to the plat thereof, recorded in Plat Book 3, Page 57 of the Public Records of Collier County, Florida AND STRAP 4502630- 002.002 more particularly described an follows: Commencing at the Northwest corner of Section 29, Township 50 South,.Range 26 East, Collier County, Florida; thence run South 02.48110" West along the Westerly line of said section 29 for 268.54 feet to.the POINT OF BEGINNING: thence South 89136100" East for 24.87 feet; thence South 02648110" West for 432.49 feet to the Westerly Right -of -Way of Dixie Drive; thence South 50157130" West along said line for 24.29 feet to the Northerly Right -of -Way of the Tamiami Trails thence North 14 dos P53 PA7.352 Agenda Item No. 16A30 December 13, 2005 ate., Page 49 of 71, 39103130" Nest for 337.90 teat= thence North 50.56,30" East for 293.69 feet to the POINT OF BEGINNING as recorded in Official Record Book 1317, Page 1337. r� Rezoned from C -4, General Commercial Zoning District to C -4, General Commercial Zoning District subject to the following conditions (CEX- 014- SN /A): a. No structures are permitted on Lot 4 or on the East 1/2 of Lot 3. b. A landscape buffer shall be provided along the north side of Lot 4 in accordance with Section 2.4.7, Alternative B, of the Collier County Land Development Code, except that the buffer shall be 25 feet wide. k C. Buildings are limited in height to two (2) stories not to exceed 35 feet. d. A landscape buffer shall be provided along Dixie Drive in accordance with Section 2.4.7, Alternative D, of the y Collier County Land Development Code, except that the buffer shall be 15 feat wide. e. Access to the subject property is restricted to U.S. 41 via the adjacent parcel to the west under the same ownership. f. The subject property, in conjunction with Parcels "A" G and "B" described below which are currently under the . same ownership as the subject property, shall be submitted and reviewed for development under a Unified Plan of Development (bits Development Plan). q. The (first floor) building footprint(s) for the subject property is limited to a maximum of 16,000 square feet. Change official Zoning Atlas Map i0629N and 4 0630 8. Segal Description: Lots rand 2, Block 1, Naples Manor Addition, according to the plat thereof, recorded in Plat Book 3, Pages 67 -68 of the Public Records of Collier County, Florida. Change official Zoning Atlas Map /06295 9. Legal Description: Lots 10, 11 and 12, Block 1, Naples Manor Annex, according to the plat thereof, recorded in Plat Book 1, Page 110 of the Public Records of Collier County, Florida. Rezoned from C -4, General Commercial Zoning District to C -4, General Commercial Zoning District subject to the following conditions (CEX- 032 -SN): a. A landscape buffer shall be provided along the entire frontage of Floridan Avenue in accordance with 15 toot Rezoned.from C -4, General Commercial Zoning District to C -4, General Commercial Zoning District subject to the following conditions (CEX- 016 -SN): a. . Shared access shall be provided between the lots with . • one access point to U.S. 41, and a deceleration lane, if possible, may be required, subject to the approvals of FDOT and the County Transportation Services Department. b. Principal structures shall be limited to three stories in height. c.* A landscape buffer shall be provided along the entire frontage of Floridan Avenue in accordance with Section 2.4.7.4, Alternative B, of the Land V. Development Code.. d. Access onto Floridan Avenue is prohibited. Change official Zoning Atlas Map /06295 9. Legal Description: Lots 10, 11 and 12, Block 1, Naples Manor Annex, according to the plat thereof, recorded in Plat Book 1, Page 110 of the Public Records of Collier County, Florida. Rezoned from C -4, General Commercial Zoning District to C -4, General Commercial Zoning District subject to the following conditions (CEX- 032 -SN): a. A landscape buffer shall be provided along the entire frontage of Floridan Avenue in accordance with 15 toot Agenda (tern No. 16A30 December 13, 2005. Rage. 50 of 7 section 2.4.7.4, Alternative e, of the Land Development Code. b. Principal structures shall be limited to three y stories in height. c. The subject property (all lots combined) shall only be served with one single access onto U.S. 41 East. d. Access onto Floridan Avenuo Je prohibited.. Change Official Zoning Atlas Map 10629N. 10. Legal Description: Lots 3 4, 5 and 6, Block 1, Naples Manor Lakes, according to the plat thereof, recorded in Plat Book 3', Pages:86 -87 of the - Public Records of Collitir t. County, Florida. Rezoned from C -4, General Commercial Zoning District- to—C-4. General Commercial Zoning District subject to the following conditions .(CEX- 019 -SN, CEX- 020 -SN, CEX- 2I -SN, and CEX- 022 -SN): a. A landscape buffer shall be provided along the entire frontage of Floridan Avenue in accordance with Section 2.4.7.4, Alternative B, of the Land Development Code. k b. Principal structures shall be limited to three . stories in height. C. The subject property (lots 3 -6 combined)_shall only . be served with one single access onto U.S. 41 East. d. Access.onto Floridan.Avenue is prohibited. Change Official Zoning Atlas Map 106298 11. Legal Descriptions STRAP 1502616- 055.000 further r.' described as lying in Section 16, Township 50 South, Range. 26 East, Collier County, Florida, the West 63 feet of the East 325 feet of the West 520 feet of the West 1/2 of the North 1/2 of the North 1/2 of the Southwest 1/4 of the. - Southeast 1/4, lesa the right- cf-way described in Official Record Book 780, Page 112, as recorded in Official Record Book 614, Page 1054 . �± Rezoned from RMF -6, Residential Multi- Family Zoning District to RSF -3, Residential Single Family Zoning b• District. Change official toning Atlas Map 106165 . a• ,12. Legal Descriptiont STRAP 1502616- 064.000 further described as lying in Section 16, Township 50.8cuth, Range 26'East, Collier County, Florida, the East 130 feet of the South 1/2 of the North 1/2 of the Southwest 1/4 of the Southeast 1/4, less the North 30 feet for right -of -way, as recorded in official Record Book 1118, Page 832. Rezoned from RMF -6, Residential Multi - Family Zoning ' District to RSF -3, Residential Single Family Zoning District. Change Official Zoning Atlas Map 106165 13. Legal Description: STRAP 1502616- 110.000 further described as lying in Section 16, Township 50 South, Range 26 East, Collier County, Florida, the East 65 fast of 'the West 195 feet of the North 1/2 of the North 1/2 of the r[ Southwest 1/4 of the Southeast 1/4', less the South 30 feet for right- cf- way,.as recorded in Official Record Book Soap Page 219. 16 afl� (15W�354 .4. L5. 16. 17. Agenda Item No. 16A30 December 13, 2005 Page 51 of 70 Rezoned from RMF -6, Residential Multi - Family Zoning. District to Asr -3, Residential Single Family Zoning District. Change official Zoning Atlas Map 106168 Legal Deaeriptions STRAP #502616- 116.000 further described as lying in Section 16, Township 50 South, Range 26 East, Collier County, Florida, the Best 195 feet of the. South 1/2 of the North 1/2 of the Southwest 1/4 of the Southeast 1/4, less the North 30 feet, as recorded in Official Record.Book 1696, Page 1666. Rezoned from FM-6, Residential Multi - Family Zoning District tO.RSF -3, Residential Single Family Zoning District. Change official Zoning atlas Rap #06169 Legal Descriptionu STRAP 1502617- 014.000 further described se lying in Section 17, Township 50 South, Rang* 26 East, Collier County, Florida, the Northeast 1/4 of the: Northeast 1/4 of the Northeast 1/4, loss the South 30. feat, as recorded in Official Record Sock,932, Page 1425. . Rezoned from RMF -6, Residential Multi - Family Zoning. District to RMF -6, Residential Multi - Family Zoning . District with a maximum density of-3 units, per acre.. Change Official Zoning Atlas Map 10617N Legal Description: STRAP #502617- 024.000 further described as lying in Section 17, Township 50 South, Rang* 26 East, Collier County, Florida, the East 1/2 of the Southeast 1/4 of the Northeast 1/4 of the Northeast 1 /C, less the North 30 feet for right -of -way, as recorded in Official Record Book 868, Page 1273. Rezoned from RMF -6, Residential Multi- Family Zoning District to RMF -6; Residential Multi- Family zoning District with a maximum density of 3 units per.acre: Change Official Zoning Atlas Map i0617N Legal Descriptions STRAP #502633- 003.003 further described as.lying in Section 33, Township 50 South, Range 26. Bast, Collier County, Florida, commence at the Southeast corner of Section 33, thence run North 890 West. 218.47 feet, the..ee run North 54' West 320 feet to Point of'Beginning, cor...inue Horthwestarly.240.29 feet, thence: run South 351 West 400 feet, thence`run.Easterly along the Section line 328 feet, thence run North 43.12 feet, thence run North 350 East 175.57 feet to the Point of Beginning, as recorded in Official Record Book 915, Page 322. Rezoned from C -3, Commercial Intermediate Zoning District, to C -3,. Commercial Intermediate Zoning District subject to the following condition (CEX- 018 -SH)r - a. Access to the subject property shall be provided from a frontage road.or the owner of the subject property shall make provisions for shared access with the adjoining development to the west - so as to limit the number of access points on A.S. 41. Change Official Zoning Atlas Map #06335 17 b00K Ina vuw Agenda item No. 16A30 December 13, 2005 Page 52 of 710 18. Legal Description: STRAP 1502633- 007.000, further described as lying in Section 33, Township 50 South, Range 26 East, Collier County, Florida, eommencinq at the Southwest corner of section 33, run North 2' East along the West Section line . 1,321.37.feet, thence run East 2,436.42 feet, thence run North 54' hest 590.48 feet to Point of Beginning, thence continue North 54' West 200 feet, thence run North 35' East 400 feet to the South right- of-way line of U.S. 41, thence .run South 54' East along the right -of -way line 200 feet, thence run South 35' West 400 foot to Point of Beginning, as recorded in Official Record Book 1275, Page 2263. Rezoned from C -3, Commercial Intermediate Zoning District, to C -3, Commercial Intermediate Zoning District subject to the following condition (CEX- 042 -SN)s a. Access to the subject property shall be provided from a frontage road or the owner of the subject property shall make provisions for shared access with the adjoining development to the west - so as to limit the number of access points on U.S. 41. Change Official Zoning Atlas Map 106338 19. Legal Descriptions STRAP 1502633- 008.000 further described as lying in section 33, Township 50 South, Range 26 East, Collier County, Florida, commence at the Southwest corner of Section 33 and run North 2' East 10321.37 feat, thence run ' East 2436.42 feet, thence run North 54' west 790.4B feet to the Point of Beginning, continue North 54' West 200 feet, thence run 35' East 400 feet to the South right- cf-way line of U.S. 41, thence run 54' Last along the right -of -way line 200 feet, thence run South 35' Nest 400 feet to the Point of .• Beginning, as recorded in Official Record Book 1213, Page* '• _ 1106. s: Rezoned from C -3, Commercial Intermediate Zoning District, to C -3, Commercial Intermediate Zoning District subject to the following condition (CEX- 017 -SN): a. Access to the subject property shall be provided from a frontage road or the owner of the subject property shall make provisions for shared access with the adjoining development to the east - ■o as to limit the number of access points on U.S. 41. Change Official Zoning Atlas Map 106335 20. Legal Descriptions STRAP 15d2633- 010.000 further described as lying in Section 33, Township 50 South, Range 26 East, Collier County, Florida, commence at the Southwest corner of Section 33, thence run North 2' East 1,321.37 feet, thence run East 2438.42 feet, thence run South 54' East 109.52 feet to the Point of Beginning, thence run North 35' East 400 feet to the Southerly right -of -way line of State Road 90 (U.S. 41), thence run 54' East 300 feet, thence run South 35' West 400 feet, thence run North 54' Went 300 foot to the Point of Beginning, as recorded in Official Record Book 523, Page 210. Rezoned from C -3, Commercial Intermediate Zoning District, to C -3, Commercial Intermediate Zoning District subject to the following condition (CEX- 043 -SN): a. Access to the subject property shall be provided from a frontage road or the owner of the subject property shall make provisions for access from the adjacent 60 16 appa n53 vac= 35B Agenda Item No. 16A30 Degpftei 13, 2045 Page 53 of 711 foot right -of -way easement - so as to limit the number of access points on U.B. 41. Change official Zoning Atlas Map #06338 21. Legal Description: STRAP #502633 - 010.001 further described as lying in Section 33, Township 50 South, Range 26 East, Collier County, Florida, commence at the Southwest corner of Section 33, thence run North 1321.37 feat, thence run East . 2,438.42 feet to the Point of Beginning, thence run North 54' West 90.48 feet, thence run North 350 East 400 feet to the Southerly right- of- way .line of State Road 90 (U. S. 41), thence run South 54' East 200 feet, thence run South 35' West 400 feet, thence run North 54' West 109.52 feet to the Point �~ of Beginning, as recorded in official Record Book 1089, Page 984. Rezoned from C -3, Commercial Int- mrmsdiate Zoning District Y; to C -3, Commercial Intermediate Zoning District subject to the following condition (CEX- 004 -SN): a. Access to the subject property shall be provided from a frontage road or the owner of the subject property, shall make provisions for shared access the adjoining development to the west - sous to limit the number of access points on U.S. 41. Change Official Zoning Atlas Map #06333 22. Legal Description: STRAP #502633 - 012.000 further described as lying in Section 33, Township.50 South, Range 26 East, ".� Collier County, Florida, commence at the Southeast corner of Section 33, thence run North 89• West 218.47 feet to the �.. Southwesterly right -of -way line of U.S. 41, thence run North 54' Want 466.95 feet, thence run North 54'' West 1,893.34 feet to the 'Point of Beginning, thence run South 35• West 400 feet, thence run South 54' East 400 feet, thence run North 35' East 400 feet, thence run North 54' West 400 feet to the Point of Beginning, as recorded in official Record Book 1553,, Page 1192. =� Rezoned from C -3, Commercial Intermediate Zoning District, ,.:. to c -30 Commercial Intermediate Zoning District subject to the following condition (C=- 013 -BN): !, a. Aecess.to the subject property shall be provided from a frontage road or the owner of the subject property. shall make provisions for primary access from the adjacent 60 foot right -of -way easement - so as to limit the number of access points on U.S. 41. Change Official Zoning Atlas Map #06335 23. Legal Description: STRAP #505633 - 012.001 further described f' as lying in Section 33, Township 50 South, Range 26 East, Collier County, Florida, commence at the Southeast corner of Section 33, thence run West 218.47 feet to the Southwesterly right- cf-way line of Tamiami Trail (U.S. 41), thence run North 540 West 466.95 feet, thence continue North 54' West 493.34 feet to the Point of Beginning, thence run South 35• West 400 feet, thence South 54' East 400 feet, �.. thence run North 35' East 400 feet to the Trail right -of -way, line, thence run North 54' West 400 feet to the Point of Beginning, as recorded in Official Record Book 1271, Page 1198. •.''t . 19 soon x'»53 PA 35? Agenda !tern No. 16A30 December 13, 2005 Page 54 of 7 Rezoned from C -3, Commercial Intermediate Zoning District, to C -3, Commercial Intermediate Zoning District subject to 4 . the following condition (CEX- 001 -SNj: a. Access to the subject property shall be provided from a frontage road or the owner of the subject property shall make provisions for shared access with the adjoining development to the east - so as to limit the number of access. points on U.S. 41. Change Official Zoning Atlas Map 006335 24. Legal Description: STRAP #502633- 015.000 further described t'•. as lying in section 33, Township 50 South, Range 26 East, Collier County, Florida, commence at the Southwest corner of Section 33, thence run North 2' East 1,321.37 feet, thence run South 89' East 2,438.42 feet, thence run North 54' west 90.48 feet to the Point of Beginning, thence continue North 54' west 500 feet, thence run North 35' East 400 feet to the South right -of -way line of U.S. 41, thence run South 54' East. 500 feet, thence run South 35' West 400 feet to Point of Beginning, as recorded in Official Record Book 1240, Pages 2135 -36 . Rezoned from C -3, Commercial Intermediate Zoning District, to C -3, Commercial Intermediate Zoning District subject to the following condition (CEX- 002 -SN): r� a. Access to the subject property shall be provided from a fronta9e road or the owner of the subject propert y. shall make provisions for shared access with the ` adjoining development to the east - so as to limit. the number of access points on U.S. 41. Change Official Zoning Atlas Map #06335 25. Legal Description: STRAP #512603- 005.002.further described as lying in Sections 3 and 10, Township 31 South, Range 26 East, Collier County, Florida, commence at the Southwest corner of Section 3 and run East 840.76 feet to the Point of Beginning, thence run North 10• East 240 i' feet, thence run South 79' East 40 feet, thence run North 10' East 57.04 feet thence run North 77' East 471.35 feet " to the westerly right -of -way line of S.R. 951, thence run S" South 395.65 fast to the South line of said Section 3,. { -. thence continue South 256.82 feet, thence run North 87' �. West 30 feet, thence run South 2' West 132.10 feet to the centerline of County Drainage Easement, according to an instrument recorded in Official Record Book 76, Page 127 of-the Public Records of Collier County, Florida, thence run Southwesterly 620 feet more or less, along said. centerline of easement, thence run North 2' East 750 feet to the Point of Beginning, less proposed realignment of S.R. 951 recorded in Official Record Book 1200, Page 1258, as recorded in Official Record Book 169, Pages 523 -24. Rezoned from C -3, Commercial Intermediate Zoning District to C -3, Commercial Intermediate Zoning District subject to the following conditions (CEX- 015 -SN): a. All structures are limited to a maximum height of 30 test. b. All parking lot /security lights shall be oriented so' as not to produce direct glare onto adjacent non- commercial zoned properties.. C. The main access shall be by private roadway from Tower Road. The intersection centerline of said 20 IOC x`53 ►���3�8 Agenda Item_N6. 16A30 gecember 13, 2005 Page 55 of 7 roadway shall be at least 300 feet west of the -i.. westerly right -of -way line of S.R. 951. d. A secondary access from Tower Road Mould be approvrid subject to the followinq additional conditions and r•' restrictions: " 1) The centerline of the access must be at least 150'^ feet west of the westerly right -of -way line of S.R. 951.' • 2) The secondary access shall be limited to an exit only unless Tower Road is rebuilt to accommodate a left turn in at the primary access along with .an additional through lane. If such additional lanes are constructed, a positive median barrier shall be incorporated into the design such that the secondary access will be a right- in/right -out only. e. Access to or from S.R. 951 shall be subject to llorida. Department of Transportation approval and permitting. Such access shall be limited to right- in/right -out with . additional compensating right -of -way, if so required by #t�'• FDOT, dedicated for the right turn lane and for drainage y relocations. f. Any and all outparcels shall be served by internal access only, except as provided in item "fe above. q. A 20 feet setback shall be provided from Tower Road,., in . ' which no vahicle use areas or structures are permitted, for possible future right -of -way or access easement. �• Landscape buffer shall be provided as required in Section 2.4.7 Of the Land Development Code.: The entire buffer area and plantings, as required by the LDC; must remain intact outside of the right-of-way setback area. h. The property owner /dsveloper.shall make a fair'share . contribution towards the cost of signalization at the intersection of Tower Road and S.R. 951 if and when signalization is required. The signal shall be owned: and operated by Collier County. i. The property owner / daveloper shall make a lair share, contribution towards the cost of .providing a turn lane(*) on S.R. 951 at its intersection with Tower Road if and when a turn lane(s) in required. The property owner /developer shall make stair share - contribution towards the cost of providing &.bike." path/sidewalk -an S.R. 953 and Tower Road if and when a bike path(sj /sidewaik(s) is required. • Change official Zoning Atlas Map X16035 and 116109 ' 26.. Legal Descriptions STRAP #512610- 004.000 further described as.lyinq in.section 10, Township 51.5outh, Range 26'East, Collier County, Florida, begin at the northwest, corner of Section 10, thence run East 412.5 feet to the ' Point of Beginning, continue East along the North line of- - f said Section 428 feat more or less to Tide Creak, thence run Southerly along with Tide Creek 730'feet.more or less r' to the North bank of Henderson Creek, thence run Southwesterly along the North bank of Henderson Creek to a. point directly South of the Point of beginning, thence run North 1,096 feet more or less to the Point of Beginninngq, less existing road rights -of -way, as recorded in official Record Book 648, Page Bl. Rezoned from C -3 and C -3ST, Commercial Intermediate Zoning' District and Commercial Intermediate Zoning District with Special Treatment overlay to C -3 and C- 3ST, Commercial Intermediate Zoning District and Commercial Intermediate. f Zoning District with Special Treatment Overlay subject to the following conditions (CEX- 026- SH /A)s . 21 boa 11.rj3 PAGE 359 K r• Agenda Item No. 16A3O December 13, 2005 . Page 56 of 711111111111111111 a. The following C -3 uses have a 130 fast setback from the westerly property line abutting A, Rural Agricultural zoned property: gasoline service stations convenience food store; and fast food restaurant. b. All structures are limited to a maximum height of 35 feet. C. All parking lot /security lights shall be oriented so as not to produce direct glare onto adjacent non - commercial zoned properties. d. The setback from the west property line abutting A, Rural Agricultural zoned property shall be a minimum of 50 feet. e. A landscape buffer shall be provided along the west property line abutting A, Rural Agricultural zoned property in accordance with Section 2.4.7.4, Alternative B, of the Land Development Code. Existing native vegetation can be utilized in meeting this requirement as provided for in the Code. f. only one access point is allowed on Tower Road. q. Any and all outparcels shall be served by internal access only. h. A 20 foot setback shall be provided from Tower Road, in which no vehicle use areas or structures are permitted, for possible future right -of -way or access easement. Landscape buffer shall be provided as required in Section 2.4.7 of the Land Development Code. The entire buffer area and plantings, as required by.the Land Development Code, must remain. intact outside of the right- cf-way setback area. i. The property owner /developer shall make a fair share contribution towards the cost of signalization at the intersection of Tower Road and S.R. 951 if and when signalization is required. The signal shall be owned and operated by Collier County. j. The property owner /developer shall make a fair share contribution towards the cost of providing a turn lane(s) on S.R. 951 at its intersection with Tower Road if and when a turn lane(s) is required. k. The property owner /developer shall sake a fair share contribution towards the cost of providing a bike path /sidewalk on Tower Road if and when a bike path /sidewalk is required. Change official Zoning Atlas Kap #1620N 27.. Legal Description: STRAP #512610- 008.000 further described as lying in Section 10, Township 51 South, Range 26 East, Collier County, Florida, Beginning 1,089 feat East and 906 feat North of the Southwest 1/4 corner of the Northwest 1/40 thence run East 280.5 feet, thence run North 1,651.5 fast to the South bank of Henderson Creek, thence run Southwesterly along the bank to a point North of the Point of Beginning, thence run South 1,272 feet to the Point of Beginning, less the South 700 feat, as recorded in Official Record Book 1383, Pages 293 -294. AND STRAP # 512610 - 009.000 further described as lying in Section 10, Township 51 South, Range 26 East, Collier County, llorids, commence 1,oa9 feet East of the West 1/4 corner and run Northerly 30.01, feet to the Point of Beginning, then continue Northerly 876 feet, thence run Easterly 9.38 feet, thence run Southerly 146 feet, thence run Easterly 271.12 foot to the Westerly right -of -way line of State Road 951, thence run Southerly along the westerly right -of -way 730.18 feet, thence westerly 280.5 feet to the Point of Beginning, as recorded in Official Record Book 1383, Pages 293 -294. 22 Boor (153 ►Act :360 Agenda item No. 16A30 December 13, 2005 Page 57 of 71 AND STRAP #512610- 010.000 further described as lying in Section 10, Township 51 south, Range 26 East, Collier County, Florida, commence 1,08! feet East of the Nest 1/4 corner, thence run North 30 feet to the Point of Beginning, continue Northerly 876 teat, thence run Easterly 9.38 feet., thencei run Northerly 99.98 feet, thence run westerly 8.54 feet, thence run Northerly 200 feet, thence run Easterly to the Southerly easement line of 100 foot drainage canal described in Official Record Book 67, Page 526, thence run Westerly along the Southerly easement line 293.74 feet, thence run Southerly to the Point of Beginning, as recorded in official Record Hook 1383, Pages 293 -294. Rezoned from C -4, General Commercial Zoning District to C-30* Commercial intermediate Zoning District subject to the following. conditions (CEX- 033 -SK): a. All structures are limited to a maximum height of 30 feet. b. All parking lot /security lights shall be oriented so' as not to produce glare onto adjacent non - commercial zoned properties. C. The setback from the rear (west) property line (abutting property currently zoned A, Rural Agricultural) shall be a minimum of 30 feet. d. A landscape buffer shall be provided along the west property line in aceordance.with section 2.4.7.4, Alternative C, of the Land Development Code. Change official Zoning Atlas Nap #1610N 28. Legal Description:. STRAP #512610- 011.002 further described as lying in Section 10, Township 51 South, Range 26 East, Collier County, Florida, the North 1/2 of the 'North 1/2 of the southwest 1/4, lying hest of State Road 951, less the proposed realignment of state Road 951, as recorded in official Record Book 185, Page 925. Rezoned from TTRVC, Travel Trailer - Recreational Vehicle Campground Zoning District and C -4, General Commercial Zoning District to TTRVC, Travel Trailer- Recreational Vehicle Campground Zoning District. Change Official Zoning Atlas Map #16108 23 SW n53 ►Aq 36i Agenda Item No. 16A30 ember 13, Page 58 rest Naples planning Community 1. Legal Descriptions Lots 5 -8, Col - Lee -Co Terrace, according to the plat thereof, recorded in Plat Book i, Page 32 of the Public Records of dallier County, Florida. Rezoned from C -4, General Commsrcial.Zoning District to C -4, General Commercial Zoning District subject to the following condition (CEX-008 -EN)s a. Building heights are limited to a maximum of 35 feet.. Change Official Zoning Atlas Map #0511K 2. Legal Descriptions Lots 20 -30, Col- Lee -Co Terrace, according to the plat thereof, recorded in Plat Book 1, Page 32 of the Public Records of Collier County, Florida. Rezoned from C -4, General Commercial Zoning District to C -4. General commercial Zoning District subject to the following condition (CEX- 009 -EN): a. The subject lots (all lots combined) shall be planned for development under one Site Development Plan (SDP) with any access to U.S. 41 subject to approval by Collier County Transportation services and the Florida Department of Transportation. Any access off of Faderick.Street as part of-the SDP shall be.` subject to approval by Transportation Services. Change official Zoning Atlas.Map #0511N 3. Legal Descriptions Lots 31 -34, Col - Lae -Co Terrace, according to the plat thereof, recorded in Plat Book 1, Page 32 of the Public Records of Collier County, Florida. Rezoned from C -4, General Commercial Zoning District to C -4, General Commercial Zoning District subject to.the . following condition tCEX- 010 -EN): a. The subject lots (all 4 lots combined) shall be.. planned for development under one, Site Development Plan (SDP) with any access to U.S. 41 subject to approval by Collier County Transportation Services and the Florida Department of Transportation. Any access off of Faderick Street as part of the SDP, shall be subject to approval by Transportation services. Change Official Zoning Atlas Map #0511N 4. Legal Description: Lots 1 -4, Dessere Landing, according to the plat thereof, recorded in Plat Book 4, Pago 14 of the Public Records of Collier County, Florida. Rezoned from C -4, General Commercial Zoning District to C -4, General Commercial Zoning District subject to the following conditions (CEX- 019 -EN): 24 ear P-53MAE.362 Agenda item No. 16A30 December 13, 2005 Page 59 of 71 a. Principal structures shall be limited to a maximum. height of 3 stories: b. The subject lots (all 4 lots combined) shall only be �.�. served by a single access from Sayshore Drive, no #' less than 180 feet from the southern right- o!-way In' line of the intersection of Bocce Avenue and Sayshors. Drive. Change Official Zoning Atlas Map 40511s s. Legal Description: Lot 5, Demers Landing, according to the . 8 plat thereof, recorded in Plat Book 4, Page 14 of the Public r ecords of Collier County, Florida. Rezoned from C -4, General Commareiai.Zoning District to C -4, General Commercial Zoning District subject to the following conditions (CM(- o16 -EN): a. Principal structures shall be limited to a maximum height of 3 stories. b. The subject property shall be permitted a single access on bocce Avenue. However; if the subject property is combined with Lots 1 -4 to the south as a unified plan, then access shall be limited to a single point on Bayshore Drive no less than.180 loot from the southern right -of -•way line of the intersection of Becca Avenue and Sayshors Drive. Change official Zoning Atlas flap 005113 r 6. Legal Descriptions. Lot..i, Jonesville, according to the plat thereof, recorded in Plat Book 4. Page 41 of the Public Records of Collier county, Florida. ,;c Rezoned from C -5, Heavy Commercial Zoning District to C -3, Commercial intermediate Zoning District so.as to allow development compatible with surrounding properties (CEX- 023 -EN). Change official Zoning Atlas Map 10523N '. 7. Legal Description: Lots 1 -37, 41, 45 and 46, Linda Park, F+ according to the plat thereof, recorded In Plat Sack 40 r- Page 19 of the Public Records of Collier County, Florida. Rezoned from RMF4, Residential Multi - Family Zoning District to RSF -6, Residential single Family Zoning District so as to allow development compatible with �+ surrounding properties. , Change Official Zoning Atlas Map 10514H e. Legal Description: Lot 68, Naples Grove and Truck Y; Company's Little Farms 12, according to the plat thereof, recorded in Plat book 1, Page 27A of the Public Records of Collier County, Florida. rt Rezoned from RMF -6, Residential Multi- Family Zoning District to RSF- 3,.Residential single Family Zoning District. Change official Zoning Atlas Map #05238 9. Legal Description: Lots 74 and 75, Naples Grove and Truck company's Little Farms i2, according to the plat thereof, recorded in Plat Book 1, Page 27A of the Public Records of., Collier county, Florida. 25 V_ eoo� rya r�ct 363 Agenda Item No. 16A30 December 13, 2005. Page 60 of 7 s • Rezoned from RMF -6, Residential Multi - Family zoning District to RSF -30 Residential single Family zoning District. Change Official Zoning Atlas May 005238 10. Legal Descriptions Lot 95, Naples Grove and Truck Company's Little Farms 12, according to the plat thereof,. recorded in Plat Book 1, Page 27A of the Public Records of Collier County, Florida. Rezoned from RMF -6, Residential Multi - Family Zoning District to RSF -4, Residential Single Family zoning District with a maximum density of 3 units per acre. Change Official Zoning Atlas Map #0523N 11. Legal Descriptions Lot 103, Naples Grove and Truck Company's Little Farms #2, less the East 1,110 feat, according to the plat thereof, recorded in Plat Book 1, Page 27A of the Public Records of Collier County, Florida. Rezoned from RSF -3, Residential Single-Family Zoning ' District to RMF -6, Residential Multi - Family Zoning District so as to allow development compatible with surrounding properties. e Change Official Zoning Atlas Map #05148 �k - - k. 12. Legal Descriptions Lots 105 and 106, Naples Grove and Truck Company's Little Farms 12, according to the plat., thereof, recorded in Plat Book 1, Page 27A of the Public Records of Collier County, Florida. Rezoned from C -4, General Commercial Zoning District.and RMF -6, Residential Multi- Family Zoning District to RMF -6, Residential Multi - Family Zoning District with a maximum density.of 3 units per acre. �r .: Change official Zoning Atlas Map #0514S <- 13. Legal Descriptions A parcel of land being a portion of Lot 108, Naples Grove and Truck Company's Little Farms #2 (Parcels 108.1 and 108.2), according to the plat thereof, recorded in Plat Book i, Page 27A of the Public Records of Collier County, Florida, being more particularly described as the North 273.44 feet of the West 423 feet of Lot 108, less Kelly Road right -of -way. Rezoned from C -4, General Commercial Zoning District, and MH, Mobile Nome Zoning District to C -2, Convenience Commercial zoning District, and MH, Mobile Home Zoning District subject to the following conditions (CEX- 003 -EN): r� w. a. The subject property shall be limited to a single access along the southern boundary of the property . t' abutting the vacated Kelly Court. No additional access points shall be permitted onto Bayshore Drive. Change Official Zoning Atlas Map #05148 14. Legal Description: A parcel of land being a portion of Lot 109, Naples Grove and Truck Company's Little Farms #2, (Parcel 109.1)4 according to the plat thereof, recorded in Plat Book 1, Page 27A of the Public Records of Collier ' County, Florida, being more particularly described as the 26 door �'S3 rta 364 Agenda Item No. 16A30 December .13, 2005 Page 61 of 77 West 425 feet of Lot 109, less the East 200 feet, as recorded in Official Record Book 1561, Page 1401. . Rezoned from C -4, General Commercial Zoning District, and MR, Mobile Home Zoning District to C -2, Convenience Commercial Zoning District, and MH, Mobile Home Zoning District so as to allow development compatible with surrounding properties. Change Official Zoning Atlas Map #05145 15. Legal Description: The North 400 feet of Lot 124, Naples Grove and Truck Company's Little Perms #2, according to. the plat thereof, recorded in Plat Book 1, Page 27A of the Public Records of Collier County, Florida. Rezoned from C -3, Commercial Intermediate Zoning District to C -3-, Commercial Intermediate Zoning District subject to the following condition (CEX- 030 -EN): a. All structures are limited to a maximum height of two (2) stories. Change Official Zoning Atlas Map 00511N and #05118 16. Legal Description: The North 541.7 feet of the East 237.5 feet of Lot 125, Naples Grove and Truck Company's Little. Farms #2, as recorded in Plat Book 1, Page 27A of the Public Records of Collier County, Florida. Rezoned from C -3, Commercial intermediate Zoning District to C -1/T, Commercial Professional/Transitional Zoning District subject to the following conditions (CEX- 001- EN /A): a. Al2 structures shall be limited to a maximum height of two stories - including undsrbuilding parking. b. The subject property shall be limited to office uses C. They ;bases road to serve the subject property shall be located along the west boundary of the site. Change Official Zoning Atlas Map #0511!? and #05118 17. Legal Description: A portion of Lot 125, Naples Grove and Truck Company's Little Farms #2, as recorded in Plat Book 1, Page 27A of the Public Records of Collier County, Florida more particularly described as follows: Begin at the Northwest corner of Lot 125 of Naples Grove and Truck Company's Little Farms No. 2 as recorded in Plat Book 1, Page 27A of the Public Records of Collier County, Ficridat thence run southerly along the Westerly line of said Lot 125, fora distance of 671.30 feet; thence run Easterly, parallel with the Northerly line of said Lot 125, for a distance of 277.50 feet to the Easterly line of said Lot 125; thence run Northerly along the Easterly line of said Lot 125, for a distance of 130.00 feet? thence run Westerly, parallel with the Northerly line of said Lot 125, for a distance of 227.50 feet; thence run Northerly, parallel with the Easterly line of said Lot 125; thence run Westerly along the Northerly line of said Lot 125, for a distance 541.30 feet to a point on the Northerly line of said Lot 125, for a distance of 50.0 feet to the Point of Beginning, containing 1.44 acres, more or less. Rezoned from C -3, Commercial Intermediate Zoning District to RMF -6, Residential Multi - Family Zoning District subject to the following conditions (CEX- 001- EN /A): 27 %Dow 9 4iti f :LE.365 MCI 1 1 Agenda Item No. 16A30. December 13, 2005 Page 62 of a. All structures shall be limited to a maximum height of ' two stories - including underbuildinq parking. b. A landscape buffer shall be provided along the-.west property line in accordance with section 2.4.7, Alternative B, of the Collier County Send Development Code, except that the buffer shall be.25 feet in width. Change Official Zoning Atlas Map # 0511N and #05118 18. rAgal Description: Lots 147 -153, Naples Grove and Truck Company's Little Farms #2, less the South 75 feet; according to the plat thereof, recorded in Plat Book 1, Page 27A of the Public Records of Collier County, Florida. Rezoned from RMF -6, Residential Multi - Family Zoning District to RMF -6, Residential Multi - Family Zoning District with a maximum density of 3 units per acre. Change Official Zoning Atlas Map #05018 19.. Legal Descriptions STRAP #502502- 014.000 further described as lyinq in Section 2, Township 50 South, Range 25 East Collier County, Florida, the Southwest 1/4 of the Southwest 1/4 of the Southwest l/4, less the highway, and leas property . described in Official Record Book 453, page 350 and Official Record Book 553, Page 9, as recorded in Official Record Book 630, Page 1693. Rezoned from C -4, General Commercial Zoning District to.`C -4, General Commercial Zoning District subject to the following' condition (CEX- 015 -EN)s a. A landscape buffer shall be provided along the north property line of the northernmost parcel in accordance with Section 2.4.7.4, Alternative of the Land Development Code. Change Official Zoning Atlas Map 005025 20. Legal Description: STRAP # 502512 - 010.000 and further described ass Parcel One - The East -half (E -1/2) of the following described lands situate, lying and being in the West -half of Section 12, Township 50 South, Range 25 East, of Collier County, State of .Florida: From the Southwest corner of Section 12, run North 0.18150" West in the West line of Section 22 a distance of 2506.24 feet; thence run North 89.41110" East a distance of 70.0 feet to East right -of -way line of State Road #S -858 and the POINT OF BEGINNING of this description: Thence run North 89'41.109. East a distance of 1320 feats thence run North 0118850" West a distance of 330 feet; thence run South 89.41110" West a distance of 1320 feet to East right -of -way line of State Road #S -858; thence run South 0.18150" East a distance of 330 feet to the POINT OF BEGINNING. Parcel Two - The following described lands lying, situate and being in the West -halt of Section 12, Township 50 South, Range 25 East, Collier County, State of Florida: From the Southwest corner of Section 12, run North 0'18150" West in the West line of Section 12 a distance of 2836.24 foots thence run North 69.41910" East a distance of 70.0 feet to East right -cf -way line of State Road #S -858 and the POINT OF BEGINNING of this description: Thence run North 89141110" East a distance of 1320 tests thence run North 0118950" West.a distance of 330 feet; thence run South 89.41110" West a distance of 1320 feet to East right -of -way line of State Road #S -858; thence run South 0.18150" East a distance of 330'feet to the POINT OF BEGINNING. Parcel Three - The following described lands 28 bop R5c3FAGE�V6 Agenda Item No. 46A30 December 13, 2005 Page 63 of situate, lyi ng and being in the West -halt Of Section 12, Township 50 South, Rang* 25 East, Of Collier County, state of r2orLdat From the Southwest corner of section 2, run North 08181500 vast in the West line of section 12 a distance of 3166.24 feats thence run North.89*42•10" Zest a distance of 70.0 feat to East right-of-way line.of State Road 09-558 and the POINT Or BEGINNING of this descriptions Thence run North, 89*41'ion East a distance of 1320 feet; thence run North 00180300 West a. distanoo.of 330 feet; tnence run South 89,411100 Want a distance of 1320 feet to East right-of-way line of State Road #5-8581. thence run South 04181500 East a distance of 330 feat to the POINT OF BEGINNING, as recorded in official Record Back 233, Page 873. AND STRAP 1 502512 - 011.006 and further dencr"ed* as Coamnainig at the Southwest. corner of Section 120 Township 50 gkmthf Range 25 East, Collier County, Florida; thence -run Xorth 3,496.24 feats thence rurti East 70 foot to the POINT OF BEGINNING of the lands herein descrLbodi thence-. continue Zest *1320 facts thence run North 330 -foots thence run. West-, 1320 foots thence run South 330 toot to the POINT OF ..BEGINNING, an recorded in official,itecord Book 310, Page Rezoned from C-4, General Commercial Zoning District and RMF-G, Residential multi-Family Zoning District to C-3j, Commercial Intermediate Zoning District and.RXF-611 Residential Multi- Family Zoning District subject to the, following conditions (CCX-020-=/A): a. The following uses are prohLbiteds.' 'Gasoline service stations Past Food Restaurants convenience Food Store. b. Structures located an the commercial portion of the- subject property are limited to a maxim= height of 3 stories. c. The aide yard setback* an the commercial portion of the subject.property shall be thirty (30) feat. : - L d. A landscape buffer shall be provided along the frontage of Airport-Palling Road in accordance with Section 2.4.7 of the Land Development code, Alternative D, except that the width shall be twenty (20) feet, Change official Zoning Atlas map # 0312K and #03lia Agenda Item No. 16A30 December 13, 2005 - Page 64 of 7.1. i. Legal Descriptions Block C, Cypress hoods Estates Plat 12, according to the plat thereof, recorded in Plat Book 4, page 30 of the Public Records of Collier County, Florida. Rezoned from RMF -6, Residential Multi- Family Zoning District to fW -6, Residential Multi - family Zoning District with a maximum density of 3 units per acre. change Official Zoning Atlas Map 19522M 2. Legal Descriptions The East 1,413 feet of Lot 72, Naplas Improvement company Little Farms, lass right -of -way, according to the plat thereof, recorded in Plat Book 2, Page 2 of the Public Records of Collier County, Florida. Rezoned from RMF -6, Residential Multi - Family Zoning District to RMF -6, Residential Multi - Family Zoning District subject to the following conditions: a. The subject property is limited to a maximum density of 3 units par acre. b. Staff is authorised to limit building heights to two stories, if deemed appropriate and necessary to insure compatibility with nearby properties, during review of the Bite. Development Plan(s). Change Official Zoning Atlas Map #9522M 3. Legal Description: Lots 128, 130, 132, 134, 1 136 and 138, Rosemary Heights Addition, according to the plat thereof, recorded in Plat Book 1, Page 78 of the Public Records of Collier County, Florida. Rezoned from I, Industrial Zoning District to C -1, Commercial Professional Zoning District (CEx- 001 -CM). Change Official Zoning Atlas Nap 19522S 4. Legal Descriptions STRAP #492534-006.000 further described as lying in Section 34, Township 49 South, Range 23 East, Collier County, Florida, the Southeast 1/4 of the Northeast 1/4 lying Most of the creek, less property described as: Beginning at the intersection of the East boundary of starter Subdivision with the North right- of-way line of a canal, thence run North 149 feet, thence run East 133 feet to the river, thence run Southeasterly along mean high water line to the East extension of the North right- of-way line of the canal, . thence run west to Point of Beginning; lass property described in Official Record Book 753, Page 1016, and less the canal lying between the aforementioned two parcels. Rezoned from RMF -6, Residential Multi - Family Zoning District to RMF -6, Residential Multi - Family Zoning District with a maximum density of 3 units per acre. Change Official Zoning Atlas Map 19534M 30 $w c&53 rkra 368 Agenda Item No. 16A30 December 13, 2005 Page 65 of 71 goy�al Takanalm Planning Ce®unity 1. Legal Descriptions STRAP # 312610 - 102.000 further dsscribed as all that part of Section 10, Township 51 south, Range 26 East, Collier County, Florida and being more particularly described as followas Commencing at the intersection of.the present Easterly right- of-way line of S.R. 951 with the Northerly line of the Southeast 1/4 of the Northwest 1/4 of section 10, Township 51 South, Range !` 26 East, Collier County, Florida, thence along said Easterly right -of -way line South 01- 24' -33" hest 30.01 feet to the South right -of -way line of C.R. 31, thence along said South right -of -way line and 30 feet South of and parallel with the Northerly line of the Scutheast.1 /4 " of the Northwest 1/4 of said Section 10, North 88•- 420 -20" East 500.00 feet to the Northwest corner of Gulf winds e: East Unit 1, a condominium as recorded in Condominium Plat Book 4, Pages 153 and 154, Collier County Public Records, Collier County, Florida, thence along the West line of ti'• said Gulf winds East, South 01- 240-33" West, 706.32 feet ' to the Southwest corner of said Gulf Winds East and the. k Point of Beginning of the parcel herein describeds thence along the south line of said Gulf Winds East North 88'- 42' -20" East 849.37 feats thenee.along the East line of said Gulf winds East North 1•- 17' -40" West 706.05 feet to the South right- of-way line of said C.R. 31, thanes along said South right -of -sway line and 30 feet South of and parallel with the North line of the Southwsst'.1/4 of the Northeast 1/4 of said Section 10, North 88•- 40' -46" East 1262.77 feet to the East line, of the Southwast.3,/4 of the Northeast 1/4 of said Section 10; thence along said- '• East line South 01- 05' -07" East 1339.16 feett thence along. the East line of the North 1/2 of the Northwest 1/4 of the - Southeast 1/4 of said Section 10, South 01- 030 -33" East 684.81 feet; thence along the South line of the North 3,/2 . of the Northwest 1/4 of the Southeast 1/4 of said Section 10, South 881- 450 -40 "west 1369.16 feats thence along the South line of the North 1/2 of the North 1/2 of the' ` Southwest 1/4 of said Section 10,, South 88•- 45' -54" West 739:18 feet; thence along a line which lies parallel with a.• the East right -ofway line of said S.R. 951, North 3 0•- 24' -51" East 1315.39 feet to the Point of Beginning of the parcel herein described. Rezoned from RMF -16, Residential Multiple Family Zoning District to RNP -16, Residential Multiple Family Zoning. District subject to the following conditions �! (CEX- 10 04- RF /A)s h' a.' The subject property: is limited to a maximum density. of s units per acre. b. All structures shall be limited to a maximum height ,•: of two stories except as provided for in the Land Development Code, Section 2.6.3.1 only. A one hundred foot (1001) wide green belt shall be provided along the entire east and mouth property lines. The green belt shall eontain.vagetation r' and/or other plant materials e. gi, mulch, rocks, etc. The green belt shall be landscaped in accordance with the Land Development Code, Section 2.4.7, Alternative B. Buildings, parking facilities, etc. are not permitted within the green belt. water +. management facilities are permitted within the green belt. �: .. Change official Zoning Atlas Map #1610N and #16105 �. 2. Legal Descriptions STRAP #512614- 010.000 further described as lying in Section 14, Township 51 South, Range 31 Boor R53 rsf 3- W Ta Agenda Itern No. 16A30 . . December 13, 2005 '. . Page 66 0 26 East, Collier county, riorida, the west 3/4 of the Northwest 1/4 of the Northwest 1/4, as recorded in official Record Bock 1297, Page 1140•. Rezoned from KH, Mobile Nome Zoning District to.kH, Mobile' �. Home Zoning District with a maximum density of 3 units per acre. Change official Zoning Atlas Nap 1161314 i4. 3. Legal Description: -STRAP 1512614 - 014.000 further described as lying in Section 14, Township 51 South, Range . 26 East, Collier County, rlorida, the Nest 1/2-of the '. r� Northeast 1/4 of the Northwest 1/4 and the East 1/2 of the East 1/2 of.the Northwest 1/4 of the Northwest 1/4, as •' recorded in official Record Book 1123, Page 1845. Rezoned from MlH, mobile some Zoninq District to MR, Mobile Home Zoning District with a maximum density of 3 units per acre. Change official Zoning Atlas Map #161314 y.j. • l 1R t TM Agenda Item No. 16A30 December 13, 2005 eMs Page 67 of nd ,PlAnnina Community 1. Legal Descriptions Lot 1, Block E3, Marco Beach, Unit 5, according to the plat thereof, recorded in Plat Book 6, Pages. 39 -46 of the Public Records of Collier County, Florida.. Rezoned from C -3, Commercial Intermediate Zoning District to C -3, Commercial Intermediate Zoning District subject to the following condition (CEX- 006 -MI)s a. Building heights are limited to a maximum of. 35 feet. Change Official Zoning )Atlas Map #KB6D 2. Legal Description: Lot 19, Block 146, Marco'Beach, Unit 5, according to the plat thereof, recorded in Plat Book 6, Pages 39 -46 of the Public Records of Collier County, Florida. Rezoned from C -3, Commercial intermediate Zoning District. to C -3, Commercial Intermediate Zoning District subject to. the following condition (CEX- 017 -Ml): a. Building heights are limited to a maximum of 35 feet. Change official Zoning Atlas Rap 6MB6D 3. Legal Descriptions Lot 1, Block 796, Marco'Beach, Unit 6,. according to the plat thereof, recorded in Plat Book 12, Page 3e of the Public Records of Collier County, Florida. Rezoned from C -4, General Commercial Zoninq District to C -4, General Commercial Zoning District subject to the following condition (CEX- 017 -MI)s a. Building heights are limited to a maximum of 35 feat. Change Official Zoning Atlas Map iMB48 4. Legal Description:. Lot 1, Block 348, Marco Beach, Unit . 10, according to the plat thereot,,recorded in Plat Book 6, Pages 74 -79 of the Public Records of Collier County, Florida. Resoned* from C -3, Commercial Intermediate Zoning District to C -3, Commercial Intermediate Zoninq.District subject to the followinq conditions (CEX- 029- MI /A): a. The following permitted (principal) uses listed in the Land Development Code (ordinance }91 -102 are prohibited: (1) Gasoline Service Stations (2) Veterinary Services (3) Drive -In Restaurants (4) Fast Food Restaurants (5) Convenience Food Stores - 24 Hour (6) Auto and Home Supply stores b. The following accessory use listed in the Land Development Code is prohibited: (1) Caretaker's Residence C. The following conditional uses listed in the Land Development Code are prohibited: (1) Hospitals (2) Amusements and Recreation Services - except that dance studios, aerobic dance and exercise classes, physical fitness centers, weight lifting and martial arts training are permissable 33 tw R53WI=371 Agenda item No. 16A30 December 13, 2005 Page 68 of = Change Official Zoning Atlas Map OHS 5. Legal Descriptions Lot 1, Siock 783, Replat of a portion of Marco Beach, Unit 11, according to the plat thereof, recorded in Plat Book 12, Pages 24 -26 of the Public Records or Collier County, Florida. Rezoned from C -4, General Commercial Zoning District to C -4, General Commercial Zoning District subject to the following conditions (CZX- 028 -MI): A. Access shall be limited to Elldsorn Court. b. The height or structures shall be limited.to 30 feet. Change Official Zoning Atlas Map /M82B 6. Legal Description: Tract B, Marco Beach, Unit 11, f.•� according to the plat thereof, recorded in Plat Book 6, Pages 80 -86 of the Public Records of Collier County, Florida._ Rezoned from C -4, General Commercial Zoning District to C -4, General Commercial zoning District subject to the following conditions (CEX- 007 -MI):. a a. A landscape buffer shall be provided along Giralda Court { in accordance with Section 2.4.7.4, Alternative B, of the Land Development Code. b. A fifty root (501) building setback shall be provided 1 . from Giralda Court. C. There shall be no access on Giralda Court. d. The height or structures shall be limited to 30 feet. e. There shall be only one access point on Bald Eagle Drive. Turn lanes shall be provided at this access point if deemed necessary by the Transportation Department during review of development orders (e.g. Site Development Plan). Change Official Zoning Atlas flap /MB2B 7. L.ga1 Descriptions Lots 9 and 10, Block 427, Marco Beach, Unit is Replat, according to the plat thereof, recorded in Plat Book 8, page 45 of the Public Records of Collier County, Florida. Rezoned from RMF -6, Residential Multi- Family Zoning District to CF, Community Facility Zoning District. Change Official Zoning Atlas Map #MB68 6' f" Yom' 14 W nm ���,: 372 Agenda item No. 16A3d December 13, 2005. Page 69 of ;��dei1 Gate planning Community 1. Legal Descriptions A parcel of land lying in Block 7s,: Golden Cate, Unit 2 (Parcel 1), as recorded in Plat Book' 5 Pages 65 -77, of the Public Records of Collior'County,,' ricrida, being more particularly described as follows:.. Block 75 undivided, Golden Gate, Unit 2, less the East 260 . feet of the North 190 feet, less the South 145 Lest, lions the East 200.foot of the South 165 feet of the North 505 feet, less the East 200 feet of the South 150 feet. of the North 655 feet, less the East 220 feet of the South 150 feet of the North 340 feet, less the West 230 feet of the, North 190 feat, loss the west 6o fast of the East 260 lest of:the South 275 feet of the North 653 feet, as recorded in official Record Book 1324, Pages 802 -808. Rezoned from C -4, General Commercial Zoning District to C -4, General Commercial Zoning District so as to allow development compatible with surrounding properties siubject to the following conditions a. Prior to the issuance of any development orders, a. Preliminary Subdivision Plat to include.the subject property and Parcel 7 of Block 75, Golden Gate, Unit 2 shall _bo submitted to.Collier County for review and approval. The purpose of this .Prei inasy.- Subdivision Plat is to indicate the ability to provide adequate infrastructure including, but not limited to, roads,. water, sewer, ■treat lighting, sidewalks and drainage facilities to serve the properties, pursuant to Division. 3.2 of the Collier County Land Development'Code. Change.official Zoning Atlas Map +96228 2. Legal Descriptions A parcel of land lying in Block 75, Golden Gate:, Unit 2 (Parcel 7), as recorded in Plat Book 5, Pages 65 -77, of the Public Records of Collier County, Florida, being more particularly described as follows: Beginning at the Northwest corner of Block 75, Golden Gate, Unit 2, run East 230 feet along the North line of said Block 75, thence run South 190 foot, thence run West.230 test to the westerly line of said Block 75, thence run North-190-feet to the Point of Beginning, as recorded in official Record Book 1544, Page 111. Rasonod'from C -4, General Commercial Zoning District to C -4, General Commercial Zoning District so as to allow development compatible with surrounding properties subject to the following condition: a. Prior to the issuance of any development orders, a Preliminary subdivision Plat to include the subject property and Parcel 1 of Block 75, Golden Gate Unit 2 shall be submitted to Collier County for review and approval. The purpose of this Preliminary Subdivision Plat is to indicate the ability to provide adequate infrastructure including, but not limited to, roads, water, sawar, street lighting, sidawalks.'anal drains facilities to serve the properties, pursuant to Division 3.2 of the Collier County Land Development Code, Change official Zoning Atlas Map f9622S 35 BOOK `h�l)«SL.31J Agenda Item No. 16A30 December 1.3, 2005 Page 70 of �r r gat 3. Le al Descriptioni Blocks 1-4, Palm Springs village, Unit 1, accordinq to the plat thereof, recorded in Plat Book 3, Page 80 of the Public Records of Collier County,. Florida. Rezoned from RMF -12, Residential Multiple Family Zoning District to RMF -12, Residential Multiple Family Zoning District with a maximum density of 7 units per acre. change official Zoning Atlas Map 49634s 4. Legal Descriptions STRAP #502603- 002.000 further described as lying in Section 3, Township 50 South, Range 26 East, Collier County, Florida, the West 1/2 of the Southwest 1/4 of the Northeast 1/4 lying Northwsstarlyy of the road right -of -way, less property described in Officiah Record Book 531, Page 742 and Official Record Book 907, Page 979, as recorded in Official record Book 1420, fags 1276. AND STRAP 0502603- D07.000 further described as lying in section 3, Township 50 South, Range 26 East, Collier County, Florida, Begin at the intersection of the West line of Section 3 with the Northwesterly right -of -way lint of S.R. 84, thence run North 31' East 550 feet, thence run North 89'. Nest 283 feet, thence run South 471.61 feet to the Point of Beginning, as recorded in official Record - Book 1409, Page 2238. Rezoned from C -3, Commercial Intermediate Zoning District and RMF -12, Residential Multiple Family Zoning District to IMF -12, Residential Multiple Family Zoning District with a maximum density of 7,units per acre. Change official Zoning Atlas Map #0603 ZXRG.1791 36 sw fi3 ?w.3.74 �. :Agenda Item No. 16A30 December 13, 2005 Page 71 of 7 ". STATE Or FLORIDA , � .. Comm or COLLIER ) . y 4. I, JAMES C. GILES, Clerk of Courts in and for the �k;.Twentieth Judicial Circuit, Collier County, Florida, do` hereby certify that the foregoing is s true copy aft Ordinance Ko..92 -43 -:. which was adopted by the gourd of County Commissioners on . the 22nd day of June, 1993.4uring SpscUl session: WITNESS my hand and the official seal of, the Hoard of County Comaissioners of Collier County, Florida, this 29th. #; day of June, 1992. 5S`11 JAMES C. GILE8 Clerk of Courts and _ClarJa'._ �? Ex- officio to Board of-i.. r County Commissioners ,_r: Agenda Item No. 16B1 December 13, 2005 EXECUTIVE SUMMARY Page 1 of 2 Recommendation to approve payment of invoices to Johnson Engineering, Inc. for the time between June 28, 2005 and October 11, 2005 under ITN contract 04 -3583 "CEI Services for Collier County Road Projects" for Project No. 60018 "Immokalee Road Project from Collier Blvd. to 43rd Ave. N.E." OBJECTIVE: To pay Johnson Engineering, Inc. for services rendered as the paper work was being processed pertaining to a new ITN contract for Construction Engineering Inspection (CEI) Services to replace the expired fixed term contract previously utilized for this project. The above mentioned project requires full time inspection and it was necessary for the CEI to continue working during the time needed to process and execute the new agreement. CONSIDERATIONS: Johnson Engineering Inc. has been under contract with the County to provide CEI services for the referenced project since August, 2002. Subsequent to the commencement of the work, the scope of the project and the completion schedule changed. Additionally, the County independently implemented a new contracting method for CEI Services and Johnson Engineering was among the firms selected by the Board to provide services under the new arrangement. Given these considerations, The Board of County Commissioners approved a new contract with Johnson Engineering, Inc. on June 28, 2005 for this project using the new method of contract. The intent of staff was to have all work performed under the new agreement effective the date of Board approval. However, there were significant, unanticipated delays in getting the actual contract documents and purchase order issued, which did not occur until October. In the meantime, the County has received invoices totaling $165,305.21 for services rendered between June 28, 2005 and September 4, 2005. Further, staff anticipates receiving a subsequent invoice for services rendered from September 4, 2005 to October 1. 1, 2005, the date that notice to proceed was formally issued under the new agreement. In order to resolve this unprecedented situation and to properly satisfy pre -audit requirements, staff is asking the Board to authorize payment of all invoices received for the work from June 28, 2005 to October 11, 2005. FISCAL IMPACT: Funds to pay these invoices are available in Transportation Supported Gas Tax Fund for road portion. Funds will also be available from the County Sewer Capital Fund and from the Water Capital Fund. Source of funds are Gas Taxes and Utility Fees and Impact Fees. GROWTH MANAGEMENT IMPACT: This Capital Improvement Element (CEI #60018) is consistent with the Transportation Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners authorizes the payment of invoices to Johnson Engineering Inc. for services rendered under the Immokalee Road Widening Project between June 28, 2005 and October 11, 2005 under contract # 04 -3583. Prepared by: Lynn R. Thorpe, P.E. Agenda Item No. 16BI December 13, 2005 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. 16Bl Item Summery: Recommendation to approve Johnson Engineering, Inc. Invoice #1 for the time between June 26. 2005 until September 4. 20D5 in the amount of $165,305.21 under ITN 04 -3583 CEI Services for Collier County Road Projects for Project No. 60018 ImmOkalee Road Project from Collier Blvd, to 43rd Ave. N.E. Meeting Date: 1211312005 9:00:00 AM Approved By Nation Ahmed Director Date Transportation Engineering b Transportation Services Construction Management # 112912005 11:28 AM Approved By Norm E. Fader, AICP Transportation Division Administrator Oapt Transportation Services Transportation Services Admin. 1112 &120D51:34 PM Approved By Sharon Newman Accounting Suporvisor Data Transportation Services Transportation Services Admm 14129!2008 3:25 PM Approved By Bonnie Bear Contract, Supervisor Data Clark of Courts Finance 1112912005 3:27 PM Approved By Use Taylor Managarri— VEudget Analyst nets Transportation Services Transportation Administration 11/2912005 3:37 PM Approved By Steve camel) PurchasinglGeneral Svcs Dimmer Data Administrative Semims Purchasing 1113102.051:37 PM Approved By Rhonda Rembart Contract Specialist Date Administrative Services Purchasing 11130!20051:46 PM Approved By Pat Lehnhard Esacutivo Secretary Data Transportation Services Transportation Services Admin 1113012006 2:16 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 11/3012006 4:01 PM Approved By Susan Usher Senior ManagemanNBudgot Analyst Data County Manager's Office Office of Management & Budget 1218!2006 8:45 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 121512008 9:18 AM Approved By James V. Mudd County Manager Data Board of County Commissioners County Manager`a Office 121/2008 8:38 PM Agenda Item No. 1682 December 13, 2005 Page 1 of 17 EXECUTIVE SUMMARY Recommend that the Board Approve Change Order 5 to the contract for Professional Engineering Services by RWA, Inc. in the amount of $179,230 for the Golden Gate Parkway Six - laning Design from Airport Road to Santa Barbara Boulevard, Project No. 60027. OBJECTIVE: To receive Board's approval of Change Order No. 5 to the contract for Professional Engineering Services with RWA, Inc. for the Golden Gate Parkway Six - Laning Design for Post Design Services. CONSIDERATIONS: On July 24, 2004, the Board approved Contract 60006 for constuction of the Golden Gate Parkway Grade Separated Overpass. At the time of award the design subconsultants were placed under contract and control of the CEI firm for the project. This arrangement has worked up to this point. The current and future challenges of the project necessitate re- establishing the design team under RWA and expanding this authorization. This Change Order will bring the design team back together under RWA's direction and working within the oversight of the county's project managers. FISCAL IMPACT: Funds in the amount of $179,230 are available in the Transportation District 2 Impact Fee Fund. Source of Funds are Impact Fees. GROWTH MANAGEMENT IMPACT: This Capital Improvement Element (CIE #73) is consistent with the Transportation Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners authorize its Chairman to execute Change Order No. 5 to the Professional Services Agreement with RWA, Inc., for Project No. 60027. Prepared by Gary R. Putaansuu, Senior Project Manager, TE &CM Attachments: 1) Changer Order; 2) Exhibit; 3) Change Order Modification Form A Agenda Item No. 16B2 December 13. 2005 Page 2 of 17 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. 1682 Item Summary: Recommend that the Board Approve Change Order 5 to the contract for Professional Engineering Services by RWA. Inc. in the amount of $179,230 for the Golden Gate Parkway Sbaianing Design from Airport Road to Santa Barbara Boulevard, Project No. 60027. Meeting Date: 12!1312005 9:00:00 AM Prepared By Gary Putaansuu Senior Project Manager Otte Transportation Engineering and 111161206 8:16:27 AM Transportation Services Construction Approved By Norm E. Feder, AICP Transportation Division Administrator Data Transportation Services Transportation Services Admin. 1111 84 2 0 0 5 1:28 PM Approved By Lisa Taylor ManagementlBudget Analyst Data Transportation Services Transportation Administration 11MV20062:10 PM Approved By Rhonda Ravnbert Contract Specialist Date Administrative Services Purchasing 11122120054:15 PM Approved By Steve Caren Purehasing/Gamind Svcs Director Date Administrative Services Purchasing 11/2212805 4:63 PM Approved By "eh Ahmad Director Date Transportation Services Transportation Engineering & 11128/2006 10:71 AM Construction Management Approved By Sharon Newman Accounting Supervisor Daft Transportation Services Transportation Services Admin 11128;200611:23 AM Approved By Pat Lshnhard Executive Secretary Date Transportation Services Transportation Services Admin 11129120069:22 AM Approved By OMB Coordinator Administrative Assistant Date County Managers Office Office of Management & Budget 111Z9t200511:11 AM Approved By Susan Ushar Senior ManagemenVSudget Analyst Date County Manager's Office Of ics of Management & Budget 12/2/2005 2:39 PM Approved By Michael Smykowski Management & Budget Director Daft County Manager's Office Office of Management & Budget 12121200$ 5:05 PM Approved By James V. Mudd County Manager Data Board of County County Manager's Office 721312065 8:08 AM Commissioners This change order is scheduled for BCC approval at the 11/29/05 meeting. December 13, of 17 g PP g Page 3 of 17 Date: November 17, 2005 E- Mailed To Bonnie: Project Name: Design and Permitting of Golden Gate Parkway (Airport to Santa Barbara Blvd.) Project Number: 60027 BID/RFP #: 00 -3063 Mod #: 10 PO #: 102659 Work Order Number. Contractor /Consultant: RWA Consulting, Inc. Original Contract Amount: $ 1,245.857.00 (Starting Point) Current BCC Approved Amount: $ 3,398,807.00 (Last Total Amount Approved by the BCC) Current Contract Amount: $ 3,737,585.00 (Including All Changes Prior To This Modification) Change Amount: $ 179,230.00 Revised Contract/Work Order Amount: S 3,916.815.00 (Including This Change Order) Cumulative Dollar Value of Changes to this Contract/Work Order: S_1.670.958.00 Percentage Of The Change Over /Under Current Contract Amount: 15.24 % Overview of change: To provide additional post design services. These services will include shop drawing reviews, clarifications and interpretation of contract plans, participation in final field review, punch list assistance and project meetings attendance. I.-N Contract Specialist: Date: Scanned Date: Data Entry Information: Type of Change: Change Order Project Manager: Gary Putaansuu Department: TECM 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 December 13, 2005 Page 4 of 17 G: /Current - Changes to Contracts G:1 Current — Changes to Work Orders Revised 7/11/05 CONTRACT/WORK ORDER MODIFICATION Age da Item No. 9„ December 13, 005 5 Qd CHECKLIST FORM Page 5 of 17 PROJECT NAME: Golden Gabe Pal r&w Grade Separated Overpass PROJECT #: 60027 BID/RFP 0: 00 -3063 MOD #: 10 YOM P.2 0 F WORK ORDER * _; DEPARTMENT: TE&CM Original Contract. Amou S I,2�I5,857.00 Current BCC Approval Amount: $ 3398,807.00 (Last Total Amount Approval by the BCC) Curreat Contract Amount: $ 3.737:S85r.00 (Including All Changes Prior To This Modiflcalion) Clange Amount: s, Revised Coatraet/Wo& Order Amount•. $ 3,916,815.00-. ' (Including This Change Order) Cumulative Dollar Value of Chauges to this Contract/Work Order. S 2.670958.00 Date of Last BCC Approval 5/12/02 Agenda Item # 16135 Percentage of the change over/under current contract amount +15.24 % 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: 5114/02 CURRENT: 12/31/2007 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Provide additional Post Design Services. Services to include Shop Drawing Reviews Clarificabion and Interpretation of Contract Plans, pattichwition in Final Field Review, Punch List Assistance and pWiect meetings. JUSTIFICATION FOR CHANGE (S): What value or benefit do time changes provide to the project? The construction oroied was originally set up with the design sub - consultants worldng din Kily for the CEI firm manaaina the project It was set un this way to expedited the decision makincL process but there were down sides in responding to requests from the contractor. By re- establishing the original design team we will utilize and manage their services baiter and better respond to the needs of the proied. PARTIES CONTACTED REGARDING THE CHANGE: TE &CM Director. TE &CM Principal, RWA Consultants. Stanley Consultants, Contract Specialist and Purchasing Director IMPLEMENTATION STEPS (Verify each before proceeding with change using1 VL� _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 NOV 15 20 _Y The appropriate parties have been consulted regarding the change I ransportation _Y Proposed prices, fees and costs set forth in the change are reasonable erin0 Deparkrwlf PROJECT MANAGER RECOMMENDATION: This form Is to be signed and dated. REVIEWED W ite: 1/ 7 a s' 1 Ite: 40 PREPARED BY: Date: 1/ 7-4X-- Cary R. Puteansuu P.E. Senior Project Manager 1l- t�-jQ� APPROVED BY:"`."'" Date: Jay Ahrddd, p. E. DWector, Transportation Engineering and Construction Management APPROVED BY: Date: Norman E. Feder, AICP, Administrator Transportation Services Division Agenda Item No. 18132 December 13, 2005 Page 8 of 17 CHANGE ORDER Agenda Item No. 1662 December 13, 2005 Page 7 of 17 CHANGE ORDER NO. 5 CONTRACT NO. 00 -3063 BCC Date: Agenda Item: TO: RWA Consulting Inc 6610 Willow Park Drive. Suite 200 Naples FL 34109 DATE: October 25.2005 PROJECT NAME: Golden Gate Parkway Six- Lanino PROJECT NO.: 60027' Under our AGREEMENT dated.. November 28 , 2000. You hereby are authorized and directed to make the folowing change(s) in accordance with terms and conditions of the Agreement: (Construction Services — including participation in meetings, field reviews, responding to requests for information, evaluating proposed revisions, participating in the resolution of construction issues and designing altemative solutions, reviewing shop drawings and plan drawings, coordination and the supervision of sub-consultants performing the above duties.) FOR THE (Additive) Sum of (One hundred seventy nine thousand two hundred thirty dollars) ($ 179.230.00 ). Original Agreement Amount Sum of Previous Changes This Charge Order (Add) (Deduct) Present Agreement Amount $ 1,245,857.00 $ 3.737.585.00 $ 179.230.00 $ 3,916.815.00 The time for completion shall be (increased) by 0 calendar days due to this Change Order. Accordingly, the Contract Time is now NA _ ( calendar days. The substantial completion date is NA and the final completion date is 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: A,.t /`I!1 , 2005 CONTRACTOR: (RWA Consulting, Inc.) By: (Christopher O. Wright, P.E.) RWA By: —R 11 of Jay Ahmad, Dir r Revised 2/24/2005 OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA (Gary R. Puta nsuu, P.E.) Project Manager By: NQMpn E. Feder, Administrator Agenda Item No. 1662 December 13, 2005 Page 8 of 17 EXHIBIT 10 SCHEDULE A Task 1. Cons Services Participate in Construction Meetings Participate in Field Reviews Respond to Requests for information (RFn Evaluate proposed revisions Participate in resolution of construction issues Design alternative solutions to construction issues Review Shop Drawings Revise Plan Drawings Sub - consultant Coordination & Supervision Sub - consultant Markup of 12' /o over invoice Expenses — Copies, Mailing, Shipping, Delivery Time and Materials Not to Exceed $179,230.00 Total Time and Materials Not to Exceed $179.230.00 Agenda Item No. 1682 December 13, 2€ 05 Page 9 of 17 EXHIBIT 10 SCHEDULE B CONSULTANT'S EMPLOYEE HOURLY RATE SCHEDULE Tide Hourty Rate Principal 11 $180.00/hr Princi al I $ 165.00/hr Consultant VIII $150.00/hr Consultant VII $130.00/hr Consultant VI $115.00/hr Consultant V $105.00/hr Consultant IV S 95.00/hr Consultant III S' 85.00/hr Consultant II $ 75.00/hr Consultant I $ 65.00/hr Technician VI $100.00/hr Technician V_ S. 90.00/hr Technician IV $ 80.00/hr Technician III $ 70.00/hr Technician II $ 60.00/hr Technician I $ 50.00/hr Administrative Assistant V $ 67.50/hr Administrative Assistant IV $ 62.50/hr Administrative Assistant III $ 57.50/hr Administrative Assistant II $ 52.50/hr Administrative Assistant I $ 47.50/hr S= Field Crew HI 2 person $100.00/hr Survey Field Crew III 3 n $ 130.00/hr SUB - CONSULTANT'S EMPOLYEE HOURLY RATE SCHEDULES The attached hourly rates from Stanley Consultants, Inc., Forge Engineering, Inc., McGee & Associates, AKDM Design Group and MACTEC Engineering and Consulting, Inc. are a part of this agreement. EXHIBIT 10 Agenda Item No. 1662 SCHEDULE B December 13, 2006 Page 10 of 17 - SUB- CONSULTANT'S EMPLOYEE HOURLY RATE SCHEDULE .................... . * ���. xaa.q.�,►tr. * rl:�atag 5079 * --iawi Tsail, Test maples, 12crida 34.121 Plumes (239) 417 -0707 T"t (239) 417 -0708 Collier County Proposed Fee Schedule Profdssiona l cmdentiarls Efoudy Fee PrincilW Senior Landscape Architect- RLA $1 i0.00/hr , -- 'Senior Level Floddat registered professional with 15 years of eVedenoe Landscape Architect $75.O0hrr *breed landscape professional from accredited university, Are - registered or recently y registered z Technical $60.00Ihr *CAD R14 or R200010omputer Technician Support Administrative Assistant. Secretary $45.00/hr Clerical, other support $40.00/hr 4 L s+w.. EXMff 10 SCHEDULE B Agenda Item No. 16132 December 13, 2465 Page 11 of 17 SUB t YEE HOURLY RATE SCHEDULE ENGINEERING, INC. Forms, C�oTEofaw,cAL Am CoNSr UCnoN C *MMTAM FEE SCHEDULE. tfNlT tTEM RATE FWd Density Testing minimum of 4 tests per Wp, maximum of 3/4 hour on -site per 4 bests $18.00ABst Concrete Testing mamdnwm of 3/4 hoes on-site set $7t}lsr� Proctor T ASTM D698 or D1557 $80 Limerock Bearing Ratio T __ _ $25 test` J7=jVinaedM Technician Time ort-sibe in excess of 314 hour par set or 4 density bests, due to factors beyond the control of Forge Engineewing. Inc. (i.e. oozxxete arriving rate, slaw concrete pours, etc.), picking up Proctor samples and/or concr ft Viers $40/hour Senior Engineering Tedvwan Fri removal and replacement monitoring Staff lhoutr Project Enghw $15ftour Hourly rats are portal to portal. Rates include providing buo typed copies of test results, one of which Is signed and sealed by a Registered Professional Engineer. The rates stated above are for work completed between 7 a.m. and 4 p.m. Monday throw Friday. Work completed outside this time, in excess of 8 hours per day, and on weekends/hbrW%Ws wig be charged at 1.5 tines the above noted rates. These rates will be valid through the duration of a specified project. 6200 Smv" Sr„ Stxm 204, NAKm FuNWA 34109 • (239) 514- 4100. • FAX(M)S114-4161 • t foigeeng f eaftllnk.net 5884 EMWWRW Pay, Four MYBFM FLOFWA 33905 • (239) 693 -7813 • FAx (239) 693 -7821 • Ektou u forgeeng@earthfink.net k EXHIBIT 10 SCHEDULE B Agenda Item No. 1682 December 13, 2005 Page 12 of 17 SUB - CONSULTANT'S EMPLOYEE HOURLY RATE SCHEDULE Hourly Fees and Charges Final Year 2005 -2006 1, CsmpsnsMbrr for afficat W paewerM in ft ow4gumn UlrMe SWes for fore In tha pwbm mos of tha wok dM bs M awmWms wM the tok I rp Harty Fses: C3 a, Houle Fee aneftetlon Hourly Fes CkrsWka#on Houhr Fee SC-1 30 20 SC-01 85.80 SG17 151.75 SC-2 37.70 WO-10 92 40 SC-18 152.75 SC-3 48.15 SC-11 99.70 SC-19 17000 SC-4 51.90 SO-12 107.20 SC-20 190.05 SC-5 88.50 SC-13 11828 SC21 208.20 SC-6 W25 SC-14 123.50 3022 234.50 SC-7 72.60 SG-15 132.00 SC-8 79.90 SC-18 141.50 TmM tine M the krWast of" work and sway from the a Wwwd ofth eNlrer MM or kftrolty, wo be durpsd in atxwdsna wkh on lbmpokp adaduls, tlNren brro" by pubic auror, ere mfrdmum dwW wlr be etpht hours per dey. It. Comps omw for Tome of esgrerw and other 14-91 Marred in awrledlon wide the psrfornrarroe of the work"be M sooadarroe wlih the bbwkp ed o": v hides Canpuor -Mdsd Draltln9 won, fg (CAM) Mowpbb Ground Tlansporww (renal cu. %MA elc.) AkTravel (own wdN and dwim U*4 (WMY *am Oslo) Tilsomw and FaaMMs LAbOMINY W8* Sots Too" and A *ob QuWde P1WkWvphlo Wak Twh*d Too" and Suwft Equipment IRS Mowed Raba alkrared at tiros koxmd $15.00Rrarr S10.0ow $I&S011rour At Coat At Cat At Cat At Goat At Cost At Cost At Gat At Cat At Cost At Cost Ill Compsrrsatbn for purcluns, li" of arrpsrrs 1 and aloe d rpss not sdrsdubd above, kwunad In oonnnrMn ' wllh btis pwfbn no of the work, shat beef cost. N. Chsryss are a boo to rwAdon on or afar Aprf 1, 2005. Form C 08-08 Revosd W21M EIH[BiT 10 SCHEDULE B Agenda Item No. 1662 December 13, 2005 Page 13 of 17 SUB - CONSULTANT'S EMPLOYEE HOURLY RATE SCHEDULE starkycr,tsW- Representative Positions SC 18 - 22 PoWon Titie Senior Project Ptindpal SC 15 - 21 Project Principal Sector Project Manager Senior Consbvctim Manager Chief Engineer SC 13- 19 Principal EngineadSciendst/Planner Corrsttiction Manager Chief Architect/Scientist/Planner SC 11 -18 Project Mater Senior Resident Project Representative Principal Arctrft atlSderrtiStlPlanmer SC 10 -16 Senior Engineer /Ar&Jtect/Sdentist/Plarvier Design Manager SC 9 -15 Resident Project Representadve Surrey Manager Principal Designer SC 8 - 13 Senior Construction Observer Engineer /Arc ited/Sdentist/Ptanner Senior Designer Sc 6 -11 Engineering Intem Senior Survey Party CNef Designer SC 5 - 9 Associate Designer Construction Observer Senior TechNdan Survey Party Chef SC 3 - 6 Survey Instrtment Person Senior Admirsbative Assistant Tedmidan Sc i - 5 Aide Associate Tedxridan Administrative Assistant Fam ca 0546 W EXHIBIT to Agenda Item No. 16132 SCHEDLTU B December 13, 2005 Page 14 of 17 SUB-CONSULTANT'S EMPLOYEE HOURL"&*& ��"' CONSULTANTS PgRSQNNEL HOURLY SM MEDULE Gate PLanprade, AMMMM Qylmm (GS 0A EM Design &Mces, Qp4leir'go Proled 60027C CONSULTANT OR SUB-CONSULTANT NAME., &M—M GROUE (A separate Attachment No- I should be Omw for awn, tsub-Consuftant) J&ftte nrrent TO Brlyd Ch Direct- a P.-r q G-d- ? Z - 1 _6 �!Vd Professional Engineer / Project Manager $120.00 1.0: $120-DO Senior Engineering Technician $11213 00 110 $126,00 Engineering Technician $9500 I'D $WJW CADD Technician $90,00, 1.0 $901W Administrative Assistant $x€010 1.Q •NOTE: Direct Payroll hourly rate means the actual gross hourly wage paid. "NOTE: Indicate applicable multiplier for indirect personnel costs, general administrative and overhead costs. and profit. 'NOTE: A sepprate personnel hourly rate schedule should also be attached for each Sub-Consultant listed In Exhibit "Dw. paoff I of I SaJ (14 ( EXHIBIT 10 SCHEDULE B Agenda Item No. 16132 December 13, 2005 Page 15 of 17 SUB - CONSULTANT'S EMPLOYEE HOURLY RATE SCHEDULE MACTEC ENGINEERING AND CONSULTING, INC. NAPLES, FLORIDA FEE SCHEDULE PROJECT NAME: GOLDEN GATE OVERPASS CLIENT: RWA PROPOSAL NO.: TBD PROFESSIONAL SERVICES Charges for time spent in administration of the project, supervision of technician services, field observation, inspection, evaluation, review and analysis of field and laboratory data, report preparation and review, travel time, consultation or meetings related to the project, and other activities related directly to the project. All charges are portal -to -portal from the respective offices working on the project. A. Engineering Technician for testing, monitoring and reporting, per hour $47.00 B. Senior Engineering Technician I, per hour $55.00 C. Senior Engineering Technician H, per hour $65.00 D. Staff Professional, per hour $80.00 E. Project Professional, per hour $95.00 F. Senior Engineer, P.E., per hour $105.00 G. Principal Engineer, P.E. per hour $150.00 A. C. lH E. SOIL TESTING Moisture - Density Relationship test - Rate includes technician time in preparing sample, conducting test, and reporting: (This rate does not include picking up sample), Modified Proctor (ASTM D 1557), per test $130.00 Moisture- Density Relationship test - Rate includes technician time in preparing sample, conducting test, and reporting: (This rate does not include picking up sample), Standard Proctor (ASTM D 698), per test $160.00 Limerock Bearing Ratio Test (FDOT FM 5 -515, includes Modified Proctor), per test (price does not include picking up sample) $290.00 Direct Shear Test — Rate includes technician time in preparing sample, conducting test, and reporting. (This rate does not include picking up sample), (ASTM D -3080) $500.00 Grain Size Distribution Test - Rate includes technician time in preparing sample, conducting test, and reporting. (This rate does not include picking up sample), (ASTM C -117 or 136) $65.00 C "51 i��-1� n EXHIBIT 10 SCHEDULE B Agenda Item No. 1662 December 13, 2005 Page 16 of 17 SUB - CONSULTANT'S EMPLOYEE HOURLY RATE SCHEDULE F. Soil Ph Testing - Rate includes technician time in preparing sample, conducting test, and reporting. (This rate does not include picking up sample), (FM 5 -550) $40.00 CONCRETE TESTING A. Concrete test cylinders cast by client and delivered to our laboratory for testing determination of compressive strength and reporting, per set of five cylinders $58.00 B. Additional cylinders per set, each $10.00 C. Concrete test cylinders cast by MACTEC, curing, testing, and reporting, per cylinder $10.00 MISCELLANEOUS ITEMS A. Litigation related activities will be charged at the hourly fee multiplied by 1.5 B. Subcontract items, special equipment or supplies, permits, shipping charges, travel costs, special printing or other items not customarily provided by MACTEC will be charged at cost multiplied by 1.15. C. Overtime Charges: Multiply technician and laboratory services by 1.5. Overtime rates will be charged for tests or services (including travel time) required: 1. before 7:00 a.m., or 2. after 5:00 p.m., or 3. resulting in an excess of eight (8) hours per day or forty (40) hours per week, on a particular project, or 4. on Saturdays, Sundays and holidays. D. Mileage will be charged at IRS provided rate allowed at time incurred. We will provide 2 copies of reports. Additional copies will be charged at $ 0.50 per page. Rates in effect through December 31, 2006 2 Kul SCHEDULE C PROJECT SCHEDULE Task 1. Construction Services Agenda Item No. 16132 December 13, 2005 Page 17 of 17 As Needed (�1,14j,5 Agenda Item No. 1683 December 13, 2005 Page 1 of 13 EXECUTIVE SUMMARY Recommendation to approve Change Order No. 2 to the construction contract with APAC- FLORIDA, Inc. for Intersection Improvements of New Market Road at Charlotte Street in Immokalee, Florida in the amount of $316,972.10. Project No. 60016, Bid No. 05- 3742 OBJECTIVE: To receive the Board of County Commissioner's approval of Change Order No. 2 to the construction contract with APAC - Florida, Inc. for intersection improvements of New Market Road at Charlotte Street in Immokalee, Florida. CONSIDERATIONS: On January 11, 2005 (Agenda Item 16.B.7) a construction contract was approved by the Board of County Commissioners in the amount of $544,565.20 to allow APAC- Florida, Inc. to commence with the construction of the Intersection Improvements of this project. Subsequent to the Boards' approval, a Notice to Proceed letter was issued to APAC - Florida, Inc. on June 20, 2005. APAC commenced with construction activities and performed approximately 40% of the work. During excavation of the westbound widening over an existing swale running parallel to the roadway (in front of the New Market Center), it was discovered that the swale contained soil which was not suitable for road construction. The swale contains mainly muck to a depths varying from six feet (6') to twelve feet (12') average. The muck may be the result of accumulated deposit of rotted fruits and vegetables from the New Market Center during runoff from storm events over the years. To resolve this problem, the County retained the services of MACTEC, Inc. to extract soil samples and analyze it and submit a report with their recommendations. They recommended that the area be excavated approximately twenty two feet (22') from the edge of existing pavement to the outside edge of the proposed swale, and four hundred and six feet (406') long parallel to the roadway. The excavation must be as deep as possible to eliminate the muck. After removal of the muck, limerock will be used with a geotextile fabric wrapped around it to avoid water, muck or organic material from seeping through the limerock when the water table gets high. The Immokalee Sewer and Water District's existing 8" gravity main currently runs under the proposed improvements parallel to the road. The gravity main will be protected with a flowable fill to protect it. The existing road adjacent to the muck area is in excellent shape with no sign of distress. The project was coordinated with the County's Road Maintenance Department during design. This process continued during construction with no road maintenance staff informing or mentioning to design team of encountering muck in the past while maintaining this segment of roadway. As with other intersection improvements projects throughout the County, it was not anticipated that muck would be encountered on this project. Therefore, the need to perform geotechnical exploration to determine soil type did not exist before finalizing the design. Agenda Item No. 1683 December 13, 2005 Page 2 of 13 Other work to be added to this contract includes: New Market Center driveway reconstruction, adjustment of existing inlets, adjustment of sanitary manholes, installation of a yard drain, and drainage pipes. A major maintenance of traffic is associated with this work during excavation. Traffic barriers will be installed along the road in the vicinity of the work. Change Order No. 1 was approved to perform various drainage work items requested by County Road Maintenance Department. FISCAL IMPACT: Funds in the amount of $316,972.10 are available in the Transportation Supported Gas Tax Fund 313, Project 60016. GROWTH MANAGEMENT IMPACT: There is no growth management impact resulting from this project. RECOMMENDATIONS: Recommends that the Board: 1) Approves Change Order No. 2 to the construction contract with APAC- FLORIDA, Inc. for intersection improvements of New Market Road Intersection Improvements at Charlotte Street in Immokalee, Florida in the amount of $316,972.10, and (2) Authorizes the Transportation Services Administrator to execute Change Order No. 2 after the Boards' approval. Prepared by: A. Nyankadau Korti, MBA, Project Manager, Transportation Engineering & Construction Management Department Agenda item No. 1653 December 13, 2005 Page 3 of 13 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 1683 .�, item Summary: Recommendation to approve Change Order No. 2 to the construction contract with APAC- FLORIDA, Inc. for Intersection Improvements of New Market Road at Charlotte Street in Immokalee, Florida In the amount of 5316,872.10. Project No. 60016, Bid No 05 -3742. Meeting Date: 12(73.2006 8:00:00 AM Prepared By A. Nyankadau Kord Project Manager Data Transportation Services Transportation Engineering and 1171872005 70:33:27 AM Construction Approved By Dale A. Bothon, P.E. Prinicipal Project Manager Date Transportation Services Transportation Engineering and 1111W2005 11:11 AM construction Approved By Norm E. Fedor, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 11!18120051:31 PM Approved By Rhonda Rembart Contract Specialist Data Administrative services Purchasing 11121,2005 2:19 PM Approved By Naieh Alimed Director Date Transportation Services Transportation Engineering d 111281200510:12 AM Construction Management Approved By Sharon Newman Accounting Supervisor Data Transportation Services Transportation Services Admin 111281200511:26 AM Approved By Steve Come]] PurchasinglGanoral Svcs Director Date A dministrative Services Purchasing 11128120061:33 PM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 11129120059:24AM Approved By OMS Coordinator Administrative Assistant Dade County Manager's Office Office of Management 6 Budget 19!24!200511'13 AM Approved By Susan Usher Senior ManagetwanuSudget Analyst Data county Manager's Office Omce of Management & Budget 121212006 2:52 PM Approved By Miohaai Smykowskl Management & Budget Director Date County Manager's ice Office of Management & Budget 1212f2005 3:10 PM Approved By James V. Mudd County Manager Data Board of County County Manager's Offica 12161200612:35 PM Corrmmissioners Agenda Item No. 1683 December 13, 2005 CONTRACT/WORK ORDER MODIFICATION Page 4 of 13 CHECKLIST FORM PROJECT NAME: New Market Road Intersection improvements at Charlotte Street PROJECT #: 600'i6 BID/RFP #: 0§:§742 MOD #: 2 PO #: 4500043023 WORK ORDER #: WA. DEPARTMENT: Transportation Enalneerina & Construction Manaaament Original Contract Amount: $544,565.20 Current BCC Approved Amount: $H4,565.20 Current Contract Amount: 1557.864.72 Change Amount: $316,972.10 Revised Contract/Work Order Amount: $874.836.82 Cumulative Dollar Value of Changes to this Contract/Work Order: $330,271.62 Date of Last BCC Approval January 11 2005 Agenda Item # 16.8.7 Percentage of the change over /under current contract amount 60.65 °k 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: October 20.2005 CURRENT: March 29, 2006 SUMMARY OF PROPOSED CHANGE (S): Subsequent.to the Boards' approval, a Notice to Proceed letter was issued to APAC - Florida, Inc. on June 20,' 2005. APAC commenced with construction activities and performed approximately 40% of the work. During excavation of the westbound widening over an existing swale running parallel to the roadway (in front of the New Market Center), it was discovered that the swale contained soil which was not suitable for road construction. The swale contains mainly muck to a depths varying from six feet (6') to twelve feet (12') average. The muck may be the result of accumulated deposit of rotted fruits and vegetables from the New Market Center during runoff from storm events over the years. To resolve this problem, the County retained the services of MACTEC, Inc. to extract soil samples and analyze it and submit a report with their _ recommendations. They. recommended that the area be excavated approximately twenty two feet (22') from the edge of existing pavement to the outside edge of the proposed Swale, and four hundred and six feet (406) long parallel to the roadway. The excavation must be as deep as possible to eliminate the muck. After removal of the muck, limerock will be used with a geotextile fabric wrapped around It to avoid water, muck or organic material from seeping through the limerock when the water table gets high. The Immokalee Sewer and Water District's existing 6" gravity main currently runs under the proposed improvements parallel to the road. The gravity main will be protected with a flowable fill to protect It. Revised 4/25/2005 Agenda Item No. 16133 December 13, 2005 Page 5 of 13 ` Other work to be added to this contract includes: New Market Center driveway reconstruction, adjustment of existing inlets, adjustment of sanitary manholes, installation of a yard drain, and drainage pipes. A major maintenance of traffic is associated with this work during excavation. Traffic barriers will be installed along the road in the vicinity of the work. JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? Subsequent to the Boards' approval, a Notice to Proceed letter was issued to APAC - Florida, Inc. on June 20, 2005. APAC commenced with construction activities and performed approximately 400 of the work. During excavation of the westbound widening over an existing swaie running parallel to the roadway (in front of the New Market Center), it was discovered that the swale contained soil which was not suitable for toad construction. The swaie contains mainly muck to a depths varying from six feet (6') to twelve feet (12') average. The muck may be the result of accumulated deposit of rotted fruits and vegetables from the New Market Center during runoff from storm events over the years. To resolve this problem, the County retained the services of MACTEC, Inc. to extract soil samples and analyze it and submit a report with their recommendations. They recommended that the area be excavated approximately twenty two feet (22') from the edge of existing pavement to the outside edge of the proposed swaie, and four hundred and six feet (406') long parallel to the roadway. The excavation must be as deep as possible to eliminate the muck. After removal of the muck, limerock will be used with a geotextile fabric wrapped around it to avoid water, muck or organic material from seeping through the limerock when the water table gets high. The Immokalee Sewer and Water District's existing 8" gravity main currently runs under the proposed improvements parallel to the road. The gravity main will be protected with a flowable fill to protect it The existing road adjacent to the muck area is in excellent shape with no sign of distress. The project was coordinated with the County's Road Maintenance Department during design. This process continued during construction with no road maintenance staff Informing or mentioning to design team of encountering muck in the past while maintaining this segment of roadway. As with other intersection improvements projects throughout the County, it was not anticipated that muck would be encountered on this project. Therefore, the need to perform geotechnical exploration to determine soil type did not exist before finalizing the design. Other work to be added to this contract includes: New Market Center driveway reconstruction, adjustment of existing inlets, adjustment of sanitary manholes, installation of a yard drain, and drainage pipes. A major maintenance of traffic is associated with this work during excavation. Traffic barriers will be installed along the road in the vicinity of the work. Added 120 days to the original contract time to offset the time lost due to swals work and the muck problem in lieu of putting the contract on hold. PARTIES CONTACTED REGARDING THE CHANGE: Bill Ketron (APAC), Chuck Molly (APAC), Dais Bathon, Julio Ordonez (TECM) and A. Nyankadau Korti (TECM), Dave Dorton Road Maintenance Department (immokalee, Florida)., IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or WA) 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 rhanner 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 R OMMENDATION: This form Is to be signed and dated. APPROVE BY: Date: LI C. . Nyankadau Korti, Project Manager Revised 4/25/2005 REVIEWED B Date: // . Rh nda Rembert, doRtract Specialist Revised 4/25/2005 Agenda Item No. 1663 December 13, 2005 Page 6 of 13 I. CHANGE ORDER NO 2 TO: Wes Tanner 14299 Alico Road, Fort Myers, Florida CHANGE ORDER CONTRACT NO. Bid #05 -3742 DATE: November 21 2005 Agenda Item No. 16133 December 13, 2005 Page 7 of 13 BCC Date: January 11, 2005 Agenda Item: 16.B.7 PROJECT NAME: New market Road Intersection Improvement at Charlotte Street PROJECT NO.: 60016 Under our AGREEMENT dated: February 18, 2005. You hereby are authorized and directed to make the following change(s) In accordance with terms and conditions of the Agreement: Excavate muck in the area of the westbound widening over the existing swale running parallel to the roadway (in front of the New Market Center). The excavation shall be approximately twenty two feet (22') from the edge of existing pavement to the outside edge of the proposed swale, and four hundred and six feet (406') long parallel to the roadway. The excavation must be as deep as possible to eliminate the muck. After removing the muck, use a woven geo -fabric of type Amoco 1199 or an equivalent to wrap around the limerock to avoid water, muck or organic material from seeping through when the water table gets high. Protect the Immokalee Sewer and Water District's existing 8" gravity main (currently running under the proposed improvements parallel to the road) with a flowable fill to protect it. Reconstruct New Market Center driveway, adjusts existing inlets, adjust sanitary manholes, install a yard drain, and drainage pipes. Maintain traffic in the work area during excavation. FOR THE (Additive) Sum of.- Three hundred and sixteen thousand nine hundred and seventy two dollars and ten cents ($316.972.10). Original Agreement Amount $544.565.20 Sum of Previous Changes $13.299.52 This Change Order (Add) $316,972.10 Present Agreement Amount $874,836.52 The time for completion shall be (increase) by 150 calendar days due to this Change Order. Accordingly, the Contract Time is now M calendar days. The substantial completion date is February 27. 2006 and the final completion date is March 29, 2006. 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. Revised 2/24/2005 Aced: 2005 OWNER: CONTRACTOR: APAC - Sautheatk kv. gyp By: Vitae ear, VIM President Agenda Item No. 1683 December 13, 2005 Page 8 of 13 90ARD OF COUNTY COMMISSIONERS OF COLI.I COUNTY, FLORIDA Nywul�l " Karl, pmjw Approved by: Z DaW I Z S We hm, P.E.. Prkidpo1 Ptt Marw4pr Approved Inr: _ tiles �... I 1 •22 - aS .. �..r .,fry Mwascl.,P.E., CI&mtioMnw A udwrked byt N t . Norman E. Fader, AdnMl*i *%wTrmeportsWn Division Revised =4/2= 11 r 1 Of LrJC/J 10. JO 4JD- 10:J -11" t ■ t1 TM APAC- Southeast, Inc. Southern, Florida Division FLMyers Branch, 14299 Alico Rd: F't,Myers, FL 33913 TEL (941)207 -7767 FAX (941)267- -1336 MWA Transmittal DATE: November 16, 2005 TIME: 3:43:24 PM TO ; Kortf FAX NO: (239) 213 -5885 If any pages are unreadable, please call Bill @ (239) 267-7767 Agenda Item No. 1683 December 13, 2006 Page 9 of 13 FROM: Bill Ketron No. of Pages 5 Kord, Please find attached the cost proposal to remove and replace the unsuitable materials . Thanks, Bill I><etron RECD IV T.E. & G.M. Dept. This fmimile may contain information that is ptivilage and coA- dential andlor exempt from disclosure and applieablc law. This hwimission is ititcuded solely for the individual or entity designated above_ If you are not the intended mutpicnt, you should understand that any distribution, copying or use of the information contained in this fresimlie by anyone other than the designated recipient is unauthorized & strictly prohibited. If you have received this ficaimile in error, ploase immedietcly notify the sertkr by toiepltohe. ASHLANEX November 10, 2005 Collier County Transportation & Engineering 2705 Horseshoe Dr. South Naples, FL 34104 Attn: Mr..Korti RE: Removal of Unsuitable Materials and Replacement New Market @ Charlotte St. Intersection Improvements Project No. 60016 Contract No. 05 -3742 County: Collier Dear Mr. Korti: Agenda Item No. 1683 December 13, 2006 Page 10 of 13 APAC-Southeast Inc. A subsidiary of Ashland Paving And Construction. Inc. Southern Florida Division 14299 Alim Road Ft Myers, FL 33913 Tel: 239 267 -7767, Fax: 239 267.1336 www.apac.cnrn On the attached sheets please find the prices to re- mobilize and install the necessary maintcnaince of traffic items that include +/_ 400/if of barrier wall with end protection and temporary re- striping. A well point system will be installed to lower the water table so that we can perform the following work. We will remove the unsuitable materials down to the bottom elevation of the existing gravity sewer and place a geotextile fabric. Lime rock base will be used as a backfill material. as directed. The existing gravity sewer will be encased with flowable fill a width of 4. Removal of the existing drainage pipe and installation of an 18" RCP SD will be installed with miter ends at the Market driveway entrance, Stevens & Layton will perform this work up to the flowable mill top elevation_ APAC will then place the remaining Iime rock base and ABC-3 and re- grade the swale area to plan grade elevations. The cost to perform this work is $298,781.85 and will take an additional 30 working days to complete once we have received an approved change order. The Field Directive that was issued and effective October 3, 2005 with a total of $18, 190.25 will need to be included in this change order and can be performed within the additional 30 work days requested. Please review and execute a change order for the totals listed. Should you have any questions regarding the pricing and work to be performed, please give us a call. Sincerely, APAC- Southeast, Inc. a;;;?- P� Robert W. Ketron Jr_ Chief Estimator _ -- --- -- -. M.' auu l MF-HJ I JA v., , "u" Agenda Item No. 1683 December 1 , 2005 @ New Market Charlotte St. Intersection Improvereaa, f 13 AFAC- Southeast, Inc: Southerin Florida Division 4R-&CJ14299 Alico Rd. Ft. Myers, FL 33913 Contact: Phone: 239267 -7767 Fax- 239- 985 -11.01 OR 239- 267 -1336 Quo To: November 11, 2005 ARac Ouote No.: Job Name-: Fax Dau o lane: I n4g9n Date: B# Kord n �.c - -� ..:aL . .:Mf.1a eto }ariel nri e•ina inrlirrtp!tt. Page 1 of 3 QUANTITY UNIT UNIT PRICE AMOUNT ITEM DESCRIPTION 101 -1 MOBILIZATION 1.00 LS 497500-00 49,500.00 102 -1 MAINTENANCE OF TRAFFIC 1.00 LS 21,800.00 21,800.00 102 -76 ADV. WARNING PANELS (2@301)YS) 60.00 ED 8.40 504.00 102 -99 VMS (3 @ 3ODYS /EA) 90.00 ED 21.00 1,890.001 110 -1 -1 STANDARD CLEARING & GRUBBING 1.00 LS 6,030,00 6,030.00 120 -1 EXCAVATION 797,00 CY 16.10 12,831.70 120 -6 EMBANKMENT 227,00 CY 22.60 5,130.20 285 -7 ASPH BASE TYPE 3 (9" ABC -3) 2,169.001 SY 26.65 57,803.85 331 -2 TYPE S OVERBUILD (2" AVG.) 1,645.00 TN 55.10 90,639.50 331 -72 -10 TYPE S-111 Q') 2,066.00 SY 4.60 9,503.60 331 -72 -20 TYPE S-I (2 ") 2,066.00 SY 6.95 14,358.70 425 -1 -521 DITCH BOTTOM INLET (TYPE C) 4.00 EA 2,010,00 8,040.00 425 -10 YARD DRAIN 1.00 EA 540.00 540.00 430 -11 -323 ) 5" CD PIPE CULVERT 12.00 LF 56.00 672.00 430 -11-325 18" RCP CD 255.00 LF 53.35 13,604,25 430 -14 -325 18" RCP SD 40,00 LF 73.30 2,932.00 430 - 984 -225 18" MES SD 5.00 EA 1,045.00 5,225.00 520 -1 -10 CURB & GUMR(DROP CURB) 126.00 LF 31.65 3,987.90 522 -2 CONC SIDEWALK (6 ") 1.099.00 SY 36.30 39,893.70 555 -1 -1 DIRECTIONAL 13ORE (�6 ") 689.00 LF 20.20 13,917.80 575 -1 -1 SODDING (BAHIA) 2,510.00 SY 1.75 4,392.50 630 -1 -11 CONDUIT (ABOVE GROUND) 22.00 LF 11.45 262.90 630 -1 -12 CONDUIT (UNDERGROUND) 325.00 LF 4.25 1,381.25 632.7.1 CABLE (SIGNAL) 1,00 PL 2,940.00 2,940.00 635 -1 -11 PULL& JUNCTION BOXES 10.00 EA 240.00 2,400.00 639 -1 -22 ELECTRJCAL POWER SERVICE (UG) 1.00 AS 580.00 580.00 639-2-11 ELECTRICAL SEVICE WIRE 480.00 LF 1.85 888.00 Page 1 of 3 --- --- ---- r -- ..+w II tL-- -I -I- , --- Agenda Item No. 1683 ITEM 641 -41 -008 649411 -001 DESCRIPTION PRESTRESSED CONC POLE (8) MAST ARM ASSM (SINGLE W/O LUM)81 -01 QUANTITY 1.00 1.00 UNIT EA EA UNIT PRICE 500,00 15,255.00 Paj?.&V 3 500.00 15,255.00 649413 -002 649415 -003 650 -51 -313 MAST ARM ASSM (SINGLE W/O LUM )83.02 MAST ARM ASSM (SINGLE W/O LUM)85 -03 TRAF SIGNAL (3-SECTION- I WAY) 1.00 2.00 6.00 EA EA AS 16,725.00 22,665.00 1,200.00 16,725.00 45,330.00 7,200.00 650 -SI -513 TRAF SIGNAL (5- SECTION -1WAY) 2.00 AS 2,000.00 4,000.00 653 -181 PED SIGNAL 8.00 AS 690.00 5,520.00 659 -106 SIGNAL HEAD AUX. (TUNNEL VISOR) 28.00 EA 2.10 58.80 660 -1 -110 INDUCTIVE LOOP DETECTOR 5.00 EA 300,00 1,500.00 660.2 -106 LOOP ASSM (TYPE F) 8.00 AS 825.00 6,600.00 665 -13 670 -5 -114 PED DETECTOR W /SIGN CONTROLLER ASSM 8.00 1.00 EA AS 155100 21,700.00 1,240,00 21,700.00 685 -128 SYSTEM AUX INTERFACE PANEL) 1.00 EA 2,300.00 2,300.00 685 -140 SYSTEMS AUX (FIBER OPTIC MODULATOR ) 1.00 EA 51160.00 5,160.00 699 -1 -1 INTERNALLY ILLUM. STREET SIGNS 4.00 EA 1,860.00 7,440.00 700 -48 -18 SIGN PANEL (15 SF OR LESS) 4.00 EA 80.00 320.00 700 -40 -1 SIGN, SINGLE POST 2.00 EA 265.00 530.00 700 -46 -21 RELOCATE SIGN, SINGLE POST 2.00 AS 105.00 210.00 706 -3 RPM'S 312.00 EA 4.20 1,310.40 711 -4 DMCTIONAL ARROWS, THERNIO 28.00 EA 6815 1,911.00 711 -5 -2 GUIDE LINES, THERMO 2.4' Y 441,00 LF 0.50 220.50 711 -35 -61 TRAF STRIPE SOLID (THERMO) 6 "W 4,182.00 LF 0.50 2,091.00 711 -35 -121 TRAP STRIPE SOLID (THERMO) 12 "W 622.00 LF 1 1.60 995.20 711 - 35.241 TRAF STRIPE SOLID (THERMO) 24 "W 116.00 LF 3.15 365.40 7a I -36 -61 TRAF STRIPE SOLID (TAERMO) 6 "Y 5,064.00 LF 0.50 2,532.00 711 - 36481 TRAF STRIPE SOLID THERMO) 18 "Y 232.00 LF 2.05 475.60 715 -2 -145 2" PVC CONDUIT F &I UNDERGROUND 49I.00 LF 20.95 10,286.45 715 -14-11 PULL BOX 16.00 EA 240,00 3,840.00 737 -70-1 UTILITY LOCATES 20.00 EA 365.00 7,300.00 " *CONTRACT TOTAL ** 5544,565.20 C.0,1 REMOVE .EXISTING 18 "CMP 100.00 LF 17.55 1,785.00 C.O.1 REMOVE EXISTING TYPE "C" INLET 2.04 EA 525.00 1,050.00 C.O.1 REMOVE EXISTING 18" M.E.S. 1.00 EA 525.00 525.00 C.O.I REMOVE I8" RCP 17.00 LF 15.75 267.75 C.O.1 12" X 18" FRCP 88.00 LF 74.03 6,514,64 C.O.1 12" X 1$" ER CP M.E.S. 1.00 EA 1,147.13 1,147.13 C,03 DITCH BOTTOM INLET TYPE C (C.O. 1) 1.00 EA 2,010.00 2,010.00 "* CHANGE ORDER Ul TOTAL "* $13,299.52 10/3 F.D. S &L REMOBILIZATION 1.00 LS 1,680.00 1,680.00 10/3 F.D. ADJUST SANITARY MANHOLES 4.00 EA 945.00 3,780.00 10/3 F.D. ADJUST EXISTING INLET'S 4.01) EA 787.50 3,150.00 1013 F.D. INSTALL YARD DRAINS 1.00 EA 824.25 824.25 10/3 F.D. 15" RCP 12.001 LF 1 63.00 756.00 Page 2 of 3 yir iur .cuuu 1V. JV L...J JVJ LLV1 MI MV JVUII ILMdI A141 1 M� VJI "J Aqenda Item No. 1683 CRAND TOTAL $874,330.32 Page 3 of 3 QUANTITY UNIT UNIT PRICE Pa�IWNT13 DESCRIPTION ITEM 10/3 F.D. DRIVEWAY RECONSTRUCTION 1.00 LS 8,000.00 8,000.00 +�* FIELD DIRECTIVE 1013105 TOTAL" $1$,190.25 Unsuitable Mad REMOBTLIZATION (UNSUITABLE! SOIL MR) 1.00 LS 8,500.00 8,500.00 Unsuitable Mat] ADDITIONAL M.O.T. (UNSUITABLE SOIL 1.00 LS 36,300.00 36,300.00 R &R REMOVALS ASPI�ALT & PIPE .S. R&R) 1.00 LS 25,413.50 25,413.50 Unsuitable Matl Unsuitable Matl WELL POINTE (UNSUITABLE SOIL R&R) 1.00 LS 4,725.00 4,725.00 Unsuitable Matt EXCAVATE (UNSUITABLE SOIL R &R 1,884.00 Cy 10.50 19,782.00 Unsuitable Mat] GEOTEXTILE FABRIC (UNSUITABLE SOIL i 1,035-00 SY 3.15 3,260.25 Unsuitable Mad R&R LIMEROCK BASE UNSUITABLE SOIL R &R 4,961.00 TN 25.10 124,521.10 911 ABC -3 650.00 SY 26.65 17,322.50 Unsuitable matt Unsuitable Matl FLOWABLE FILL 256.00 CY 190.00 48,640.00 Unsuitable mall 18" RCP SD 50.00 LF 76.65 3,832.50 Unsuitable Mat] 1.8" M.E.S. 2.00 EA 1,510.00 3,020.00 Unsuitable Mad REGRADE SWALE 420.00 LF 8.25 3,465.00 -- UNSU>CTABLE MATERIAL R &R TOTAL ** S298,781.85 CRAND TOTAL $874,330.32 Page 3 of 3 Agenda Item No. 1684 December 13, 2005 Page 1 of 6 EXECUTIVE SUMMARY Recommendation to approve Change Order No. 5 to Contract No. #05 -3812 "Goodlette -Frank Road (PRR -VBR) Landscape Improvements Construction" with Hannula Landscaping, Inc. (Project No. 601344) in the amount of $39,148.24. OBJECTIVE: To increase the scope of work under contract #05 -3812 with Hannula Landscaping, Inc., for Goodlette -Frank Road (Pine Ridge Road to Vanderbilt Beach Road) Landscape Improvements Construction. CONSIDERATIONS: On June 29, 2005 Notice to Proceed was issued for contract #05- 3812 for Goodlette -Frank Road (Pine Ridge Road to Vanderbilt Beach Road) Landscape Improvement Construction. During construction it was determined that the required separation from the potable water line and the irrigation re -use main line and electrical lines could not be met without sleeving the mainline and electrical lines. This change adds $38,393.43. The Foxtail palm trees that were originally in the contract are being deducted in the amount of - $4,636.00 due to the potential conflict with overhead power lines and are being replaced with Magnolia Little Gem trees adding $5,966.00 to the contract. This change order also deletes the vertical drains in the amount of - $3,150.00. It was determined during construction that these vertical drains were not needed due to adequate drainage existing in all medians. During construction it was determined that an additional 4" directional bore was needed to carry the mainline from the south side of an emergency turnaround crossover to the north side to complete the irrigation mainline. This change adds $2,915.74. This change order also deletes two bores that were determined to be unnecessary in the amount of - $340.93. To summarize changes this change order adds $47,275.17 and deducts $8,126.93 for a new contract amount of $701,306.16. FISCAL IMPACT: Funds in the amount of $39,148.24 are available for this Change Order in Transportation Supported Gas Tax Fund 313 Project 4601344 as part of the contingency. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approve Change Order No.5 to Contract No. 05 -3812 with Hannula Landscaping, Inc. in the amount of $39,148.24 for Goodlette -Frank Road from Pine Ridge Road to Vanderbilt Beach Road Landscape Improvements Construction. Prepared By: Bob Petersen, Project Manager, Alt. Transportation Modes Dept. Attachments: (1) Change Order (2) Contract Modification (3) Proposal Agenda item No. 1694 December 13.2005 Page 2of6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. 1684 Change Order No. 4 to Contract No. #05.3812 Goodlette -Frank Item Summary: Recommendation to approve Road (PRR -VBR) Landscape Improvements Construction with Hannula Landscaping. Inc, (Project No. 801344) in the amount of $39,148.24. Meeting Date: 12113!2005 9:00:00 AM Prepared By Bob Petersen Project Manager Date Transportation Services Aasmative Transportation Modus 11(2212003 2:08:06 PM Approved By Bob Petersen Project Manager Date Transportation Servicos Alternative Transportation Modes 111231200510:37 AM Approved By Diane B. Flagg Director ATM Director Date Transportation Services Alternative Transportation Modes 111231200612 :40 PM Approved By Sharon Newman Accounting Supervisor Deis Transportation Services Transportation Servicas Admin 1112812006 3:53 PM Approved By Rhonda Rembert Contract Specialist Date Administrative Sarvicos Purchasing 11128120054:26 PM Approved By Steve Carrell Purchasing)oeneral Svcs Director Data Administrative Services Purchasing 11120120055:01 PM Approved By Norm E. Fader, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. llf291200S 9:58 AM Approved By ...».... Pat Lehnhard Eseculive Secretary Data Transportation Services Transportation Services Admin 111291200510:39 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's office Office of Management & Budget 111281200611:20 AM Approved By Michael Smykowski Management & Budget Director ooh County Manager's Otfiice Office of Management S Budget 12121200612:31 PM Approved By James V. Mudd County Manager Woo Board of County County Manager's Office 1215/2005 5:08 PM Comnassieners CHANGE ORDER CHANGE ORDER NO. 5 TO: Hannula Landscaping,, Inc. 288131 Quails Nest Lane Bonita Springs, FI. 34135_ DATE: November 21.2005 Agenda Item No. 1684 December 13, 2005 Page 3 of 6 CONTRACT NO.05 -3812 BCC Date: May 24, 2005 Agenda Item: 16 (B) 20 PROJECT NAME: Goodlette -Frank Road (PRR — VBR) Landscape Improvements Construction PROJECT NO.: 601344 Under our AGREEMENT dated June 27, 2005 You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: These changes were due to the separation required from utilities and water line due to utility ordinance and state statue, minimum separation could not be obtained which required sleeving for both re -use water and wiring. FOR THE (Additive (Deductive) Sum of: ($39,148.24) Thirty -nine thousand one hundred forty -eight dollars and twenty -four cents Original Agreement Amount $ 631.635.43 Sum of Previous Changes $ 30.522.49 This Change Order (A #d) (Deduct) $ 39.148.24 (Contingency BCC approved) Present Agreement Amount $ 701.306.16 The time for completion shall be (increased /decreased) by 0 calendar days due to this Change Order. Accordingly, the Contract Time is now 169 (-0_) calendar days. The substantial completion date is December 7, 2005 and the final completion date is December 15, 2005. 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: November 21, 2005 CONTRACTOR: Hannula Landscaping, Inc. OWNER: 28131 Quails Nest Lane BOARD OF COUNTY COMMISSIONERS Bonita Springs, Florida 34135 OF CPLJ IER COJdgY, FLORIDA By: A,4 Daie Hannula, President By: DESIGN PROFESSIONAL: A. Gail Boorman and Associates By: By: ail orman, President Petersen, Project Manager Flagg,'ATM Director Nonnan Feder, Administrator f MODIFI�C�ATION Agenda Item No 1664 December 13, 2005 CHECKUS'T ORM Page 4 of 6 - - Results and mss: >R. cf. %rchsing report. Fear° sp9 Adthinlatra don Prooedures, Se ir1JRRENT CRLE7'i[SIV` a SU1Al"Y OF'P SEti JU"FtCATION FOR CHAN chlaalt:wM die to t#ea at . Man eel wali�er:and �.. CHaNS3E ($ Idetrd ate t,��ioxtsCls'ohd r�e�s[ace with �nolia r BOOM 3E {SI: illitiat or benefit dos these changes provide to the project? These SM#NNO THEN: CAE: , JldbL.P illo m aer GCck Dale HannOW cuk .v ,_ U&tvvvamn. Viw"r_ and ShaVs Oarn®q Agenda Item Rio. 16B4 December 13, 2005 Page 5 of 6 GUIDELINES FOR COMPLETING THE CONTRACT/WORK ORDER MODIFICATION CHECK LIST FORM 1. Document circumstances prompting the change(s) request by... a. Identifying who initiated the change request b. Identifying the nature of the change 2. Analyze the change request to determine: a. The hard and soft costs of the change and the appropriateness of each b. The benefits of the change c. The impact(s) of the change on the project d. The impact of the change on the overall success/failure of the project 3. If the change is deemed justified, review the original contract to determine or verify... a. Whether the change is consistent with existing project scope b. The existing terms and conditions (e.g.; price and schedule) c. That the proposed change is not included within the existing scope d. The protocol for authorizing changes to the agreement 4. Document the analysis of and the justiflcadon(s) for the change. 5. Obtain preliminary review and input from one of more of the following: a. Other project managers b. Immediate supervisor c. Appropriate 3"' party consultants d. Purchasing Contract Specialist e. County Attorney Office f. Risk Management Department g. Other County departments materially impacted by the change. 6. Certify the appropriateness of the change based on the information gathered in steps 1 -5. 7. ff the change is tLot deemed justified, notify the appropriate parties and include the documentation gathered to date In the project tile. a. If the change is deemed justified, identify the appropriate contract instrument and clearly state the benefit or value that the change has to the project . (Change Order, Amendment, Work Orders or Supplemental Agreement). 9. Prepare and process the change document in accordance with... a. The terms and conditions of the existing agreement b. The County's Contract Administration Procedures. c. Check the numbers and percentages for accuracy. d. Sign the Contract Modification Form e. Submit the form with back up documentation attached to Purchasing for review Form Retrieved From: UForma/County Forms/Purchasing Forms/Contract Modification Checklist Revised 4/25/2005 Agenda Item No. 16134 December 13, 2005 Page 6 of 6 CHANGE ORDER NUMBER�*HRfC ;OODLETTE FRANK (PINE RIDGE TO VANDERBILT BEACH ROAD ) ;ONTFtACT NUMBER 05.3812 iTY TDESCRIPTION SPEC. UNIT TOTAL -8 FOXTAIL PALMS N.E. CORNER OF EA _ $244.00 41,952.00 ;GOODLETTE & PINE RIDGE ROAD 81 MAGNOLIA LITTLE GEM: REPLACE EA. $314.001 $2,512.00 FOXTAILS -11 1FOXTAIL PALMS N.W. CORNER OF EA. $244.00 -$2,684,00 GOODLETTE & PINE RIDGE ROAD 111 MAGNOLIA LITTLE GEM: REPLACE EA $314.00 $3,454.00 FOXTAILS 275iSLEEVE MAINLINE STA. 504 +10 TO L.FT. 6" $9.20 $2,530.00 1 STA. 506 +85 275, SLEEVE CONTROL WIRES STA 504 +10 L. FT. 2" I $6.491 $1,784.75 !TO STA. 506 +85 _ — 501 SLEEVE MAINLINE STA 514 +35 TO L. FT. 6" $9.20 _ $460.00 STA 514 +85 1 1 50i SLEEVE CONTROL WIRES STA 514 +35 L.FT. 2 "^ $6.49 $324.50 - - - :TO STA 514 +85 -- _ 1222`:SLEEVE MAINLINE STA.515 +50 TO STA L. FT. 6" $9.201 $11,242.40 :527+7 +7 _ 1222.iSL_ EEVE CONTROL WIRES STA. 515 +50 L.FT. 2" $6.49 $7,930.78 -- TO STA 527 +72 900 SLEEVE MAINLINE STA. 530 +00 TO L. FT. 6" $9.20 $8,280.00 __. — STA 539 +00 _ 9001 SLEEVE CONTROL WIRES STA 530 +00 L. FT. 2" $6.49 $5,841.00 - - TO STA 539+00 -15 DELETE VERTICLE DRAINS EA $210.00 43,150.00 -13.01 DELETE 2" DIRECTIONAL BORE L. FT. $11.00 - $143.11 1.53.46 ADD 4" DIRECTIONAL BORE L.FT. $19.00 $2,915.74 -7.221 DELETE 6" DIRECTINAL BORE L. FT. $27.40 - $197.82 _ TOTAL ADDITIONS $47,275.17 TOTAL DELETIONS $8,126.93 NET CHANGE AMOUNT $39,148.24 Agenda Item No. 1601 December 13, 2005 Page 1 of 12 EXECUTIVE SUMMARY Recommendation to approve a Change Order to Work Order No. AB- 040 -06 -01 with Angie Brewer and Associates, L.C. in the amount of 570,098.82 under Sarasota County Contract No. 2003 -040 for State Revolving Funds Loan Procurement Services from The Florida Department of Environmental Protection for the "South County Regional Water Treatment Plant 12 Million Gallons per Day Reverse Osmosis Expansion "; Project Number 700971 and the "Rehabilitation of Degasification Towers at South County Regional Water Treatment Plant "; Project Number 710221. OBJECTIVE: The public purpose is to expand the Reverse Osmosis (RO) water treatment capacity at the South County Regional Water Treatment Plant (SCRWTP) by 12 Million Gallons per Day (MGD) to a total of 20 -MGD. CONSIDERATIONS: On May 25, 2004, as Agenda Item 10 D, The Board of Collier County Commissioners adopted the 2003 Water Master Plan which provides for increases in water production capacity necessary to meet the needs of Collier County through the Plan's 20 -year cycle. The expansion of the reverse osmosis water treatment capacity at the SCRWTP by 12 -MGD to a total of 20 -MGD is a crucial element for meeting the identified needs. This proposal includes services necessary to successfully secure State Revolving Funds (SRF) Loans. The costs of these services are eligible for reimbursement by the SRF Loan. Collier County has successfully utilized the services of Angie Brewer and Associates (ABA) on several prior projects to ensure compliance with all SRF Loan requirements and ABA has been instrumental in obtaining approximately $85 million in SRF loans. Collier County is using a cooperative purchasing agreement with Sarasota County on Contract No. 2003 -040 for these projects. The value of these services is an investment in the ability to deliver SRF low- interest loan funding. These proposals do not include conducting project bidding through close out phases of the SRF Loans for these projects, as these will be negotiated at a later date. To facilitate the time sensitive application process for a low interest SRF loan and to provide the required public notification Purchase Order No. 4500049141 for $24,583.00 under Work Order No. AB- 040 -06 -01 has already been issued to ABA for the needed "Collier County's South County Regional Water Treatment Plant 12 MGD RO Expansion Facilities Plan, October 2005 ". The Clerk's Finance and Accounting Division has reviewed the information contained in this Executive Summary. Executive Summary ABA PO Page 2 Summary of costs for low- interest SRF loan assistance: Agenda Item No. 1601 December 13, 2005 Page 2 of 12 Task Description Project No. Project No. Total 700971 710221 Preliminary Facilities Planning $12,291.50 $12,291.50 $24,583.00 (Procured per existing Purchase Order) New Tasks: Final Facilities Planning and Environmental $24,912.50 $24,912.50 $49,825.00 Approval Process RFI, Loan Application and Agreement $10,136.91 $10,136.91 $20,273.82 Services Construction - Bidding Through Close out TBD Services New Tasks Subtotal: $35,049.41 $35,049.41 $70,098.82 Total costs for Loan Procurement Services $47,340.91 $47,340.91 $94,681.82 FISCAL IMPACT: The subject projects are contained in the 2005 Fiscal Year Capital Improvement Budget approved by the Board of County Commissioners on September 23, 2004. The source of funds for Project No. 700971 is Fund 411; Water Impact Fees and the source for project No. 710221 is Fund 412; Water User Fees. ABA's services are eligible for reimbursement from SRF proceeds. GROWTH MANAGEMENT IMPACT: These projects are consistent with and further the Goals, Objectives and Policies of the Collier County Growth Management Plan and are consistent with the 2003 Water Master Plan adopted by The Board of County Commissioners on May 25, 2003, item 10 D. RECOMMENDATIONS: That the Board of County Commissioners, as Ex- officio Governing Board of the Collier County Water -Sewer District authorize the County Manager or his designee to execute a Change Order to Work Order No. AB- 040 -06 -01 in the amount of $70,098.82 to Angie Brewer and Associates, L.C. under a cooperative purchasing agreement with Sarasota County Contract No. 2003 -040 for Loan Procurement Services from FDEP. PREPARED BY: Porfirio E. Gramatges, P.E., Principal Project Manager Public Utilities Engineering Department Agenda Item No. 16C1 December 13. 2605 Page 3 of 12 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. 16C1 Change Order to Work Order No. AB- 040 -D6-01 with Angie Item Summary: Recommendation to approve a Brewer and Associates, L.C. in the amount of $70,098.82 under Sarasota County Contract No. 2003 -040 for Slate Revolving Funds Loan Procurement Services from The Florida Department of Environmental Protection for the South County Regional Water Treatment Plant 12 Million Gallons per Day Reverse Osmosis Expansion: Project Number 700971 and the Rehabilitation of Dogasification Towers at South County Regional Water Treatment Plant, Project Number 710221. Meeting Date: 1211312008 9 00:00 AM Prepared By Porfirio E. Gramatges. P.E. Sr. Project Manager Date Public Utilities Public Utilities Engineering 111412006 3:12:32 PM Approved By Fortino E. Gnumatges, P.E. Sr. Project Manager Date Public Utilities Public Uti Miss Engineering /1/412005 3:36 PM Approved By Roy B. Anderson, P.E. Public Utilities Engineering Director Data Public Utilities Public Utilities Engineering 11710/2000 5.12 PM Approved By Thomas Wider Operations Director Date Public Utilities Public Utllhies Operations 1111572005 9:53 AM Approved By Lyn Wood Purchasing Agent Data Administrative Saivices Purchasing 111123/'2006 2:57 PM Approved By Stave Cameli Pumhasing7General Svcs Director date Administrative Services Purchasing 1112Si2008 0:39 AM Approved By G. George Yilm= Intorim Wastewater Director Date Public Utilities Wastewater 11 12 0120 05 10:18 AM Approved By Jaynes W. DeLony Public Utilities Administrator Date Public Utilities Public Utithies Administration 11/2912005 9:26 AM Approved By OMB Coordinator Administrative Assistant Data County Manager's Office Office of Management 3 Budget 1112412005 11:11 AM Approved By Susan Usher Senior ManagemantlBudget Analyst Date County Managers Office Ofiee of Management & Budget 11130!200511:07 AM Approved By Michael Smykowski Management 6 Budget Director Date County Managers Office Office 01 Management d. Budget 1113012005 2:50 PM Approved By James V. Mudd County Manager Date Board of County County Manager s tMicv i2 12005 4:28 PM H Commisstoners Date: 11/23/05 E- Mailed To Bonnie: Project Name: SCRWTP 12 — mgd RO Expansion Project Number: 700971 BID/RFP #: Sarasota County 2003 -040 Mod #: 1 PO #: 4500049141 Work Order Number: AB- 040 -06 -01 Contractor /Consultant: Angie Brewer and Associates, LC Original Contract Amount: $ 24,583.00__,__,_ (Starting Point) Current BCC Approved Amount: $ N/A (Last Total Amount Approved by the BCC) Current Contract Amount: $ 24,583.00____ (Including All Changes Prior To This Modification) Change Amount: $ 70,098.82 Revised Contract/Work Order Amount: $ 94,681.82 (Including This Change Order) Cumulative Dollar Value of Changes to this Contract/Work Order: S_70,098.82 Percentage Of The Change Over/Under Current Contract Amount: 285.15 % Item No. 16C1 rnmFer , _2_UG5 Page 4 of 12 Overview of change: To incorporate cost for second phase services to obtain State Revolving Fund financing for the SCRWTP 12 -mgd expansion. Contract Specialist: ' �L` Date: Scanned Date: I t-' Data Entry Information: Type of Change: Work Order Project Manager. Phil Gramatges Department: PUED Change Category Type, Circle One Below: 1. Planned or Elective e 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: G: /Current - Changes to Contracts Revised 7/11/05 CONTRACTIWORK ORDER MODIFICATION Agenda item No. 16C1 December 13, 2005 CHECKLIST FORM Page 5 of 12 ROJECT NAME: SCRWTP 12 -MGD RO Expansion PROJECT* 700971___- --..— ,+ BID /RFP #: Sarasota Co. 2003 -040 MOD #: 1 PO #: 4500049141 WORK ORDER #:, DEPARTMENT: PUED Original Contract Amount: Current BCC Approved Amount: Current Contract Amount: Change Amount: Revised Contract/Work Order Amount: $ 24 583.00 (Starting Point) $0 (Last Total Amount Approved by the BCC) $ 24 583.00 (Including All Changes Prior To This Modification) $ 70 098.82 $ 94 681.82 (Including This Change Order) Cumulative Dollar Value of Changes to this Contract/Work Order: $ 70 098.82 Date of Last BCC Approval N/A Agenda Item # N/A is --- Percentage of the change over /under current contract amount_ 1,85 °lo 'ormula: (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: 8131/2006 CURRENT: 8/31/2006 SUMMARY OF PROPOSED CHANGE (S): Identify the changes: Original Purchase Order was issued to begin the process A firm proposal including all services has now been received. JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? These services may enable us to obtain State Revolving Fund financing at a considerable discount over commercially available financing PARTIES CONTACTED REGARDING THE CHANGE: Tom Wides Lyn Woods Bala Sridhar IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or WA) X Proposed change is consistent with the scope of the existing agreement X Proposed change is in fact an addition or deletion to the existing scope X Change is being implemented in a manner consistent with the existing agreement X The appropriate parties have been consulted regarding the change X Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANA R Gf UA >PPROVE B ro tM" "ate , REVIEWED BY; rz " ct SIB cialist Revised 4/25/2005 : This form is to be signed and dated. Date: 11 /22/2005 Date: ____Y!_�� Agenda Item No. 16C1 December 13, 2005 Page 6 of 12 CHANGE ORDER No. 1 TO: Angie Brewer and Associates, L.C. FROM: Collier County Public Utilities Eng. 9104 58th Drive East Naples, FL 34109 Brandenton, FL 34202 3301 East Tamiami Trail, Bldg. H Naples, Florida 34112 Project Name: SCRV TP 12 -MGD RO Expansion Agreement Dated: 9/1/2005 Bid No.: Sarasota County 2003 -040 Purchase Order No.: 4500049141 Date: November 15, 2005 Change Order Description: Scope increase as described in attached proposals. Original agreement amount .......................i....... ..............................$ 24,583.00 Sum of previous change orders amount ............. ..............................$ 0.00 This Change Order Amount [add] [delete) . f ........ ..............................S 70.098.82 Revised Agreement Amount ............................... ............................... S 94,681.82 Final Original contract time in calendar days ...................... ............................... 365 Adjusted number of calendar days due to previous change orders ......... 0 This change order adjusted time is ...... ...................................................... 0 Revised Contract Time in calendar days ......... ...... ... ... ........................ ,..... 365 Original Notice to Proceed date .... ............................... ...................... September 1, 2005 Completion date based on original contract time . ............................... August 31, 2006 Revised completion date .... ........... .._.... .... ........................................... August 31, 2006 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 this Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of, or related to, the change set forth herein, including claims for impact and delay costs.,.., „ I Recommended tPhi Date: 1 1(o O5 a mat s P. . rincipal Project Manager, PUED Accepted by: Date: Ar4ie Brewer and Associates, L.C. Approved ley: X'. Date: f/ fI Thomas G. W,';des, Fiscal Operations Director, PUD fi Approved by: Date: �oy B. Anderson, P.E., Director, PLIED (For Use by Owner: Furid: ILCost Center: 273.511 Ubiect Code: 631990; Project No.: 70097) z'd b090- 99L_1*G Jamajo �i,aew dBB =EO 90 91 AoN ors cue G � - Q? E co on Q J a U) a O w a U y y N � O N Q R � y A w � v 0 o d a � AO 0 OO gf0O SOO OOO aoM U) o n M 17 cD O o Cl Of O O� «) �O h N O c0 CD O M O N N CO LO Q 01 M M h 01 O) O O LL7 v 0 I� N O N C` O N ~O O N CO Co. r N M p- t` Lq O r r N N CO � � OC F- O r 'o LO M M O L C!i Ey Efl fH 69 69 69 69 FR 64 CA uJ 64 69 6% V9) 69 6% C9 Q °' Q v Q Of Q M Q J O N 0 O N O to O O O F E N rn z rn QQN C7 n . rn v m ~ Q N 69r Q O G @ r" O Co N N r n N M Q O M U `o U N h N C CO co a o 61) 0 U o � U m co d O to O U C E N Cc o O co v st 'D CD M N M CC d oo U otm aMLO c not �' °' n m w room co � 0 d ur w � N tll CD C U) 5 rn v R d m o a 0 o c o '� CC) " C. uj ag6o'z O Im 0 o IL tp9 c c C° Cl) "' Cl) r CO .92 0 of CC U u� ?3 N d. lC V- ++ d o v 0, o v v a •� N O OA O IL d H) N U U) N O co r O 0 N 0 Ln CD ti o � o � � d C O m CL a o U r N M V LO CO E to o c °a O W K m m v m c 6 � 7 E C r O P o C d O y � O m t6 n � N V O m a o 0 m O � CL r N M 0 0 z c m !Q m V F N £ C m C Q an d U N a �xC w W m W x c W w W W m m ea A m ga A d F as Co m m D 0.0 m m v� m = H E = N E c t2 R E o = E y E E '-> E o f iW vow m� n.� c m o ww m 0 r N M V LO CO E to o c °a O W K m m v m c 6 � 7 E C r O P o C d O y � O m t6 n � N V O m a o 0 m O � CL r N M 0 0 z Agenda Item No. 16C1 Scope of Services December 13, 2005 Collier County SRF Water Planning Process Page 8 of 12 SCRWTP 12 MGD R.O. Expansion Project Planning Services CC Project #'s: 700791 Task 1 Final Facilities Plan - $15,930.00 The Consultant shall prepare all non - technical sections of the document and address all financial issues of the planning document. The Consultant shall incorporate the provided technical information into appropriate sections of the Facilities Plan. The Consultant shall revise and update the draft Water Facilities Plan based upon comments received from the County. (This task does not include mass reproduction of the Water Facilities Plan.) The plan includes the present worth analysis (PWA) and wellhead protection evaluation(WPA). Task 2 FDEP Schedule Management - $5,395.00 The Consultant shall prepare a schedule for completion of all planning work. The Consultant shall monitor progress of all activities and communicate status of work to the County on a monthly basis and attend meetings to coordinate the implementation of the schedule. Regular status reports shall be provided during the work. Task 3 Business Plan (BP) - $17,500.00 The Consultant shall prepare a draft BP, in accordance with FDEP requirements, for submission to the County for review and comment. The Consultant shall provide a list of required information needed to complete the BP. The County shall provide required information as identified by Consultant. The Consultant shall revise and update the draft BP based upon comments received from the County. The Consultant shall secure the certification of the BP from the Finance Director. Upon finalization of the BP, it will be incorporated into and made a part of the Water Facilities Plan. Task 4 Public Hearing /Approvals - $3,705.00 The Consultant shall coordinate with the County to ensure proper scheduling and advertisement of the required Public Hearing. The Consultant shall provide the draft advertisement to the County. The Consultant shall provide a detailed agenda for the Public Hearing addressing required issues. The Consultant shall prepare appropriate information for the Public Hearing to ensure FDEP requirements are satisfied. The Consultant shall provide all draft documents to be adopted following the Public Hearing. The Consultant shall coordinate with all departments and agencies to facilitate the review and approval of all items for the agenda. The Consultant shall participate in the presentation of information at the Public Hearing. The Consultant shall follow -up on all items resulting from the hearing. 102- 100 -0602 Page 1 of 2 Angie Brewer & Associates, L.C. The Consultant shall prepare the Public Participation documentation. The COR e ' a 3's290Y the Public Participation Documentation to the FDEP in order to secure appropriate appt.g of 12 The Consultant shall provide a total of 32 copies of the Water Facilities Plan. ABA will provide required copies to all agencies and (ten) 10 copies will be transmitted to the County for its use in securing County approval of the document. The Consultant shall revise and update the Water Facilities Plan and BP based upon comments received from FDEP. The Consultant shall track the status of the Water Facilities Plan with all agencies. The Consultant shall respond to questions and provide information to agencies to aid in the completion of the review process; the Consultant will provide comments and approvals to FDEP. Task 5 Environmental Clearance - $5,500.00 The Consultant shall track the status of the Florida Finding of Significant Impact (FFNSI). The Consultant shall answer questions and provide information to FDEP as necessary to aid in the completion of the FFNSI. The Consultant shall respond to comments received during the advertising and comment period. The Consultant shall review the FFNSI /CEN draft. The Consultant shall request all additional data and technical support from the County and provide it to FDEP. Upon approval of the FFNSI /CEN the Consultant will secure Authorization to Incur Costs. Task 6 Coordinate DEP Requirements - $1,795.01 The Consultant shall coordinate submission of all items necessary to elevate the project to a fundable status. The County shall cause two copies of the complete signed and sealed Biddable Plans and Specifications to be provided to Consultant. 102 -100 -0602 Page 2 of 2 Angie Brewer & Associates, L.C. —In04 C) C::) � N O c7 " CD Zr E (D C33 EC CL G CLf w � Q} C � Q9 m Q J a 0 a 0 a N O N c0 W O O r- sr ti N O M N J a7 O O O O M O M N r 0 O 00 F r-- LO N 0N O O 10 V) O cc 0) N N CD N 0 N (D N M N F O 0 O U r N h r r O N M r h O N 69 EA cA 69 60 V) 69 69 W. 69 64 6). 64 Vf 0 -� O- O < 0 0 0 J O= Cl) 0 000 N M o CO Cl) N b J FAO- z O O O F 0 c O E mm `nN z a In („ r CcOD E y O7 � r- (D V' N CO N QM N � Q O C_ n E =p (o M N N to Q o U 0 U m p c C9 E '2 M d o (fl U oLf) � m � O c . o -2 °v d o (» 0 U c f6 N C C N v OU� (D 7 v N 'd r N EL oo U 0 c rn O C 00 00 N v N O M M oar U 0) O) O cc (D c '~ c O o m N M (D Q) co � � m CL CL W Q (D (.0 O c � C N C O R o O U M V d C 69 0) i% T m a CL LL U r N 3 7 d 6�3 LL c O c y O � O m = N m V m C N co Q "C O ti 0 O c c c N O L a1 N O ~ x T U X m c W Qa 00 kn y y r C O o 0 o w '(-(pp '- - O E a a i a o ( DaU N O N c0 W O O r- sr ti N O M N J a7 O O O O M O M N r 0 O 00 F r-- LO N 0N O O 10 V) O cc 0) N N CD N 0 N (D N M N F O 0 O U r N h r r O N M r h O N 69 EA cA 69 60 V) 69 69 W. 69 64 6). 64 Vf 0 -� O- O < 0 0 0 J O= Cl) 0 000 N M o CO Cl) N b J FAO- z O O O F 0 c O E mm `nN z a In („ r CcOD E y O7 � r- (D V' N CO N QM N � Q O C_ n E =p (o M N N to Q o U 0 U m p c C9 E '2 M d o (fl U oLf) � m � O c . o -2 °v d o (» 0 U c f6 N C C N v OU� (D 7 v N 'd r N EL oo U 0 c rn O C 00 00 N v N O M M oar U 0) O) O cc (D N Lq O M N M (D Q) co O 0 a�6„ (D (.0 C OD N C O r cli 0 7 O U M 69 n v _ U C (D (y r U) r 7 d 6�3 c O c y O ED m = N m V m C N C O O � 'O O `o Z 0 O c c c 3 0. O o. a1 N o O O O E EU n x c p U X m c W c W 41 c0 o 0 o w '(-(pp '- - O E apt apt Q1 U U U O Q Q cu w N .a co a e - m C E y y a qaQ, Q Q Q a J J Q a E w 0 2 C m A N C oo . Y D: d' J 0 U- J 0' -1 0 LL J W N F r N co O N O c l0 0 a c c6 C O .5 Z C O V L rn 0 r C 9 C � a `0 0 v.. y v x Z m O � N 9 a7 7 m v E O h o c d O y y O 0 15 'O y O as .0 M 0.a N O � CL T cV M 0 O z Agenda Item No. 16C1 December 13, 2005 Scope of Services Page 11 of 12 �. Collier County SRF Water Planning Process SCRWTP 12 MGD RO Expansion RFI, Loan Application and Loan Agreement Services CC Project Number 700971 Task 1 Request for Inclusion (RFI) Preparation & Negotiation - $2,002.62 The Consultant shall prepare an RFI in order to get the project on the FDEP Priority List. The County Staff /Engineer will provide the Consultant with information as required. An Authorized County Representative will sign the RFI and return it to the Consultant for transmittal to the FDEP. Task 2 Loan Application (1) - $10,629.37 Draft Application The Consultant shall coordinate communication with FDEP and County Staff /Engineers involved in Loan funding. The Consultant will also provide response to questions /comments as necessary. The County Staff /Engineer will provide the Consultant with any required information as requested. The Consultant shall prepare an SRF Loan Application in accordance with FDEP rules and regulations for the program. The Consultant shall secure all required information necessary for the Application from the County or its other Consultants. Final Application The Consultant shall provide one (1) final draft of the Application to the County for review. Upon completion of the review, the Consultant shall identify information necessary to satisfy funding agency requirements and respond to any comments from staff as appropriate. The Consultant shall provide drafts of all resolutions and /or certifications required from the County to process the Application. Coordination The Consultant shall prepare the final Application for submission to FDEP. The Consultant shall provide an appropriate transmittal letter. All required copies of the document shall be provided by the Consultant. The Consultant shall handle response to all questions and /or comments from FDEP with input from the County as necessary. Task 3 Agreement (1) - $7,641.83 Loan Agreement The Consultant shall communicate with FDEP regarding one (1) proposed Loan Agreement. The Consultant shall review the draft Agreement and comment to the County on appropriateness and acceptability as relates to the Loan Application submitted and the County's intended project funding. Coordination The Consultant shall coordinate the processing and execution of the Final Loan Agreement between FDEP and the County. The Consultant will provide clarification to County Attorney regarding SRF Loans. The Consultant shall handle response to all questions and/or comments from FDEP with input from the County as necessary. The Consultant shall provide for the transmittal. The above scope does not include services for bidding through construction and loan closeout. 102- 100 -0603 Water Planning Process 1 Angie Brewer & Associates, L.C. LO C14 C,O C) air z E= _0 Cc C(Dn Ea- C, r- &- v 00 0 C, 14 z 000 O ryryL C4 cs O O CY O C4 N Cf ryL c 0 LO Z C C 0. x 0 CY CY O to C4 Cf to It 0 CL m 0 C) (D Ct LO 04 Ci N m Cl) a; E .2 or- z z W 3 N 6 v 0 c 0 > -W u 0 U w u IA 3 u U) c m c m fA c 0 IA c -J 1-il u 1 �4 Agenda Item No. 16C2 December 13, 2005 Page 1 of 16 1 wa pati lTi W-111u Ia. Ratify County Manger's approval of Emergency Purchase Orders to Heyward Inc., Mitchell and Stark Construction Co., and Hole Mantes, Inc. for the total of $312,700.00 for various equipment and services related to the critical failure of the sodium hypochlorite (bleach) tanks at the North County Water Reclamation Facility ( NCWRF) Project 739661 OBJECTIVE: That the Board of County Commissioners, as Ex- Officio the Governing Board of the Collier County Water -Sewer District, ratify the County Manager's approval of emergency purchase orders for four 12,250 gallon outlet tanks for bulk storage of sodium hypochlorite, a mechanical metering pump skid, the emergency repair services of Mitchell and Stark Construction Co., and Hole Montes, Inc. to replace the sodium hypochlorite tanks and piping at the North County Water Reclamation Facility, so that the plant will be able to maintain compliance with regulatory provisions. CONSIDERATION: The public purpose of this project is to stay in compliance with adequate bleach for the NCWRF treatment processes. Project 739661 was already planned and designed when a critical failure occurred to the bleach system causing an emergency repair. This emergency repair is part of project 739661, NCWRF Bleach System Reliability Upgrades, which provides for a complete bleach system installation for the south side of the NCWRF. The south bleach system at the NCWRF treats approximately 90% of all effluent flowing through the Plant. Project 739661 is also on this agenda for Board approval. Permanent repairs will have to be made to the bleach system at the north side of the NCWRF at a later date. After Hurricane Wilma, on November 2, 2005, it was discovered that the three north 15,000 gallon sodium hypochlorite (bleach) tanks at the NCWRF had partially failed and were leaking product into the containment area. These tanks were designed to be replaced as part of project 739661. On November 3, 2005, an emergency meeting was held, whereby the firms of Hole Montes, Inc. and Mitchell and Stark Construction Co. were hired under emergency purchase orders to evaluate the situation and develop a temporary solution that would keep the NCWRF in compliance. On November 4, 2005, three temporary rental Baker tanks were installed, filled with bleach, and Mitchell and Stark ran temporary piping from the temporary rental Baker tanks to the existing pump skid in order to maintain the bleach system. Hole Montes was hired to design the permanent solution for the bleach system. These actions prevented a potential 10,000 gallon sodium hypochlorite spill. The scope of work involves purchasing the following equipment and services totaling Agenda Item No. 1602 December 13, 2005 Page 2 of 16 $317,700: EPO Z06001- Four 12,500 polyethylene tanks from Heyward Inc. - $ 165,000 EPO Z06001 - One metering pump skid from Heyward Inc. - $ 52,000 EPO Z06002 - General contracting service from Mitchell and Stark — $53,000 EPO Z06003 - Engineering Services from Hole Montes - $42,700 The Project 739661, NCWRF Bleach System Reliability Upgrades, is consistent with the 2003 Wastewater Master Plan Update adopted by the Board of County Commissioners as Agenda Item IOC on May 25, 2004. Reimbursement by FEMA will be sought for these emergency repairs. The Purchasing Department and the County Clerk's Finance and Accounting Division have reviewed the information contained in this Executive Summary and all the attachments. FISCAL IMPACT: The funds are available in the FY 06 Capital Budget approved by the Board of County Commissioners on September 27, 2005. The funding source is fund 414, Wastewater User Fees. The funds for the emergency repair will be available from a Budget Amendment under Project 739661, NCWRF Bleach System Reliability Upgrades, which is also on this -- agenda for Board approval. GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. RECOMMENDATION: That the Board of County Commissioners, as Ex- Officio the Governing Board of the Collier County Water -Sewer District: 1. Ratify the County Manager's approval of Emergency Purchase Order EPO Z06001 to Heyward Incorporated, Emergency Purchase Order EPO Z06002 Mitchell and Stark, Inc., and Emergency Purchase Order EPO Z06003 to Hole Montes. 2. Authorize the County Manager or his designee to apply for allowable reimbursement from FEMA. PREPARED BY: Richard Cannyn, PMP, Project Manager, Public Utilities Engineering. Agenda Item No. 1602 December 13. 2005 Page 3 of 16 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. 1SC2 Item Summary: Ratify County Managers approval of Emergency Purchase Orders to Heyward Inc., Mitchell and Stark Construction Co., and Hole Mantes, Inc, for the total of $312,700.00 for various equipment and services related to the critical failure of the sodium hypochiorite (bleach) tanks al the North County Water Reclamation Facility (NCWRF) Meeting Date: 12113!2005 9:00:00 AM Prepared By Richard Cannyn Project Manager Date Public Utilities Public Utilities Engineering 1112312005 9:34:50 AM Approved By G. George Ylmas Interim Wastewater Director Date Public Utilities Waste Water 111281200511:19 AM Approved By Lyn Wood Purchasing Agent Data Administrattve Services Purchasing 111281200512:47 PM Approved By Steve Camall PurchasinglGanarai Svcs Director Data Administrative Sarvices Purchasing 11129120051:28 PM Approved By William D. Mullin. PE Principal Project Manager Date Public Utilities Public Utilities Engineering 11128120054:21 PM Approved By Roy B. Anderson, P.E. Public Utilities Engineering Director Date Public Utilities Public Utilities Enginoering 11,2912008 2:37 PM Approved By Thomas Miles Operations Director Date Public Utilities Public Utilities Operations 11/2912005 3:19 PM Approved By .Fames W. DoLOny Public Utilities Administrator Data Public Utilities Public Utilities Administration 11 ,12912005 3:39 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management 3 Budget 1112912005 4:31 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management 3 Budget 12121200512:69 PM Approved By .lames V. Mudd County Manager Data Board of County County Manager's Office 12131200311:41 AM Commissioners Agenda Item No. 16C2 December 13, 2005 Page 4 of 16 HOLE 1111�3NTES ENGlNEEEM . € lMF S 5JWEl`D% 9W Encore Way • Naples, nonda 34110 • Pdxine: 239- 2542ei I • Fax: 23:3,2,54,208' November 14, 2005 Mr. Richard Cannyn Collier County PUED 3301 East Tamiami Trail Building H Maples, FL 34112 RE: PROFESSIONAL ENGINEERING SERVICES EMERGENCY REPAIRS TO EXISTING BLEACH FACILITY NORTH COUNTY WATER RECLAMATION FACILITY County Purchase Order Z06003 HM File No.: 2005.127 Dear Richard: In response to the County's Emergency Purchase Order 206003, hole h1ontes is pleased to subunit the following confirmation for design and construction support services associated with emergency repairs to the existing BIeach Facility at the North County Water Reclamation Facility. These services will consist of the following activities: 1. Design services required to allow for County direct purchase of replacement bleach storage tanks. Tanks will be designed to accommodate the existing tank fill and feed pump piping as well as future piping. 2_ Design services required to allow the County's contractor to replace tanks and modify piping as needed to correct wind related damage and to provide a feed system for the existing pumps. 3. Bidding and construction support services related to the preceding activities. Understanding of Professional Services ■ We have based the task budgets upon a single construction work order being issued for all work and upon the contractor being selected from the firms under annual contract with the County. Full time site observation is not requested by the County, and we have only provided four site visits by the design engineer. ■ We have excluded any work associated with the bleach solution distribution piping or the facility containment structure and roof, • We have excluded costs from the budget for the following activities: (a) any permitting application costs, (b) investigation or management of hazardous materials and historical artifacts, (c) landscaping and irrigation, (d) surveying, (e) any electrical or instnimcntation engineering, and (f) geotechnical investigation and engineering. Record drawings will be provided as specifically noted and will be prepared based solely upon as -built information provided by the contractor. Naples • Forl fivers • Ventre Mr. Richard Carmyn Collier County PUED HM File 2005.127 November 14, 2005 Page 2 Fee and Schedule Agenda Item No. 16C2 December 13, 2005 Page 5 of 16 The professional services associated with these repairs shall be performed on a time and expense basis. The maximum fee for design and construction services is estimated to not exceed $42,700. Please refer to the enclosed spreadsheet that identifies our estimates for the various activities anticipated. We look fomard to working closely with Collier County to provide timely and cost- effective repairs at the NCWRF. if you have any questions about this proposal, please give me or Clifford Pepper a call at your convenience. Thank you for this opportunity to 'be of service to Collier County. Sincerely yours, HOLE MONTES, INC. Ronald E. Benson, Ph.D., P.E. Principal / Senior Vice President RE R:11k cc: Dayne Atkinson. PLIED Jerry Twicska, Hole Monies Clifford Pepper. Hole Montes C4mmt)f - 2005[ 114 -m NCWRF- F.mcrBicachMods.doc 14- Nov -05 PROPOSAL FOR PROFESSIONAL ENGINEERING SERVICES SERVICES FOR REPLACING BLEACH STORAGE TANKS NORTH COUNTY WATER RECLAMATION FACILITY COLLIER COUNTY AgendN'b§".T'XPXC. December 13, 2005 Page 6 of 16 Prin Engr Chief Engr Proi. Mgr OpsSpec SrDesgnr Tech IV Total TOTAL Task Activity Description $154 $144 $123 $75 $82 $51 Hours COST Construction Documents 1 Meeting/Coordination wl County 2 Preliminary Layout for TemporarWermanent 3 Meeting wlCounty 4 Final Nozzle Layout 5 Site Plan for Temporary Storage Area 6 Specliicadon for County Purchase of Tanks 7 90% Submittal and Review Meeting 8 100% Submittal 9 Copies, blueprinting, courier, etc. SUBTOTAL 2 4 28 $2.868 6 S780 1 12 16 2 29 $2,932 1 4 4 4 6 5 S636 3 Pre -bid Meetings and Addenda 4 10 2 14 $1,332 1 4 a 2 13 $1,292 4 2 20 a 34 $3,772 4 6 36 50 2 1108 510,930 4 4 12 20 3 43 $4,461 $500 12 17 96 0 114 13 252 926,615 2 Bidding Services 8 28 $2.868 2 a a 1 Assist County wl Prepurchase Docs for Tanks 1 2 4 2 9 S1,036 2 DrawingrSpec Prepare Bid Doc for Tank Installation 1 2 4 4 6 17 51,568 3 Pre -bid Meetings and Addenda 1 6 2 9 S964 4 Review Bids 1 9 4 2 8 $892 5 Copies, courier, etc. $100 SUBTOTAL 3 6 18 0 4 12 43 S4.580 Construction Services 1 Site observation 4 site visitsl Ockofl meatirg 2 Shop DrawingiRFI Mechanical 3 Review payment applications 4 Mechanical Start -Up t Coordinate County 5 Record Drawings and Closeout 6 Copies, blueprinting, courier, etc. SUBTOTAL 20 8 28 $2.868 2 a a 18 $1,680 2 8 8 18 $1,680 4 6 4 2 16 $1,756 4 1 6 4 10 3 28 $2,771 S7 so 8 5 28 8 IQ 21 80 $11.505 TONAL TASK 1 - 3 $42.700 NOTES, i Construction services proposal is based on time and expense bill I g. 2 Proposal excludes permit application fees, oonstruckon surveying and layout 3 DEP and County SDP Permitting activities are not included. 4 Full -time field observation is not included. S;% Z00k AA1ar*sfn9QRW0U31114- m -NCWRF SMa h PooposifAr, FROM : HEYWARD, Inc. r— November lievward ,./ WCOWOMWM- 13.2005 Mr. RicbaM Canoyn Coltier County Utilitics North Wastewater TrteWmtnt Plant Napias, Florida 34117 Phone: 239.530,6278 Fax: 239.530.3378 FAX NO. :5614474570 415 COUWM CLUB DANE WINTER PARK, FL. 32789809 PHONE: 407- M -IM FAX- dt17$ffi4066 Nov. 21 7300 W. CAMINO REAL SUITF 214 BOCA AATOK FL 39499 PHONE: 681 -447 -4047 FAX: 661- na7 -067n 29TeAAAM NS116C2 December 13, 2005 Page7of16 P.Q. 1W7 MAMANNA. FL. 32447.6807 PHONE 850-579.9814 PAY- W- 679-6626 Rc.: REVISION A)1 Cullica County Chemical Storage and feed Facility Upgrades — South County WRI Scction 11305 — Mechanical Metering Pump Skids Engineer IWen and Sawyer Mar Richard, Blva Planet Envirererme ntal Systems is pleased to offer the following ifbm athm for your review and consideration. Scope: Provide equipment and services as specifically listed for the above referenced project and sections. This includes (1) 4ue0lex (4- Dump) chetnkat metering skid and accessories designed for sodium hypoehloritc. The Aid syslcm shaft Ceature Wallace and Tiernan Chem Ad meeA*r6 ily acttaaod mkxoproowaar bawd teetering petnps wide maxirmnn capacities as indicatod bcbw. The metering pumps shall be capable olreceivft a remote onlollinput and a 4-20 mA input for fend raft control based on flow signal or PLC logic. The ttteteri4g pumps Sh411 provide a 4191141 fault relay " output. The n x*cr4 skid shall he an enclosed design suitable for outdoor installation and include drip containment pan. All power and control signal wiring dull he terminated in a NWA 4X terminal junction box mounted to die sidd. sftz shall deliver the system to the jobs to with nratring pumps and some accessories romovtd to allow aoaess for 00 installers. After the corytractor has completed the piping acrd wiring, a BPES leankim wilt roam to irtmll any items that were removed for installation and prepare the system for start -up. All spar parts. start- tlphmininL scxvi=. submittals and O&M's as specified Khali be provided. TOTAL PRICE: S 51,800.00', Section 11305— Meebanicai Metering ramp Studs ONE 41ump unclosed chemical metering system designed for un with 12% sodium hypoehlw to 0" SC14- M CPV C socket weld wl 2" section header tend do- gassing riser) with Wallace and Tiernan Chem Ad Scrim D mechanically actuated microprocessor mewing Rumps rated for 143 M* 0 75 psi - ONE Spurc parts kit for chemical motoring systan as specified. ONE Submittals ONE O&b4's ONE Delivery to jobsita TWO Days start- up/training services SERVING THE St7tlt•NE4ST SWCE 1908" FROM : I EY KaRD ,Inc. r' Noun. FAX tom. :5614474578 Nov. 71 -- Agenda Item No. 16C2 December 13, 2005 Page 8 of 16 1. 2.01. A. l I Remote Mounted Conaml Panel — Thf t proposal includes Wallace and Tiernan Cheat Ad Series micraprooeasor bmW mcaufng pumps as specified The design of this pump includes it Wilt -in microprocessor, all controls are mounted locally at the pvarp by ft metering pump manufacturer. Thcrc is no remote contra} panel avallable for the Prominent Sigma Series mursoprooessor malerirtg puxnp. 2. 2.03, T• — lire Wallace and Tiernan Chase Ad Series Miaoprvoessur metarieg pumps include a power cord for connection to 120 VAC. The skid mounted NEMA 4X terminal box shad feature a panel mounted breaker and 120 VAC sup protcaicxt. Pro -wired wea &proof outlets shall be provided for all mauling pumps. Each pump has its own internal power switch war! may also be unplugged Bunt its mspaaive artier Roe servicing. 3. 3.02 )nstalWioa - shat! be provided by the c ontrector. 4. Emergency shower /cytwash medicated an the pbus is W included in this proposal as no depots were ptuvided fbr this item. 3. This proposal fs for equipsneWsavices as specifically listed above. Installation, wiring. and any additional equipmentfecrvices tzyui red .hall he provided by otltses or at additional cost. Proposal includes only stems cpepfted. Proton Included. Pricing is vdW for thirty days after rho date of the proposal. After the expirabon date, please contact our off" for pricing confirmation. Please address purchase orders as follows. BLUE PLANET ENViROMMENTAL SYSTEMS, INC. e!o Heyward Incorporated 7300 Wcat Camino Real Suite 214 goes Retort, Florida 33433 Should you have any questions or corameetts regarding our cheating, please contact tee at $61.447.4047 Regards. HEYWARD INOORPORATED — for BLUE PLANET ENMONMENTAL SYSTEMS, INC. 4yw-& 5.� Xx Ronald S. Shupler / P.E. Boca Raton office Agenda Item No. 16C2 December 13, 2005 Page 9 of 16 �� Hey-v WI TERPARKQ.UBM9-29 WINTER PARK Fl 3278329113 PHONar 40 - M-1880 FAX 407-62&9880 7800 W CANNO READ SUTTARA BOLA AATON. FL 33433 PHOKE:56T -4V -4057 FAX: 581. 447 -4570 P.O. AF11Ab 1607 MARIANNA, Fi. 32aa7•s6Cfr PHONE: 850-$79.8814 FAX 8SS579.86a6 November 18, 2005 Mr. Richard Cannyn Collier County Utilities North Wastewater Treatment Plant Naples, Florida 34117 Phone: 239.530.6278 Fax: 239.530.5378 RE: Hazen and Sawyer specification section 13500 PelyPreeming 12,250 Gallon V ertical IMFO (R4 EGRALLY MOLDED FLANGED OUT-LEY) Tank for Bulk Storage of Sodium Hypochlonte Dear Richard, We are pleased to provide the following information for your review and consideration. Two (2) PolyProcessing 12,250 Gallon Vmlicai IWO Storage Tank for Bulk Storage of 9 -15% Sodium Hypochimite Features: Fitting as specified Full Drain. IMFO w1 OR 140Q Liner Wind Restraints Ladder w/ Cage Price: 574,368.00 Please note: 2.01 C Anchor Bolts to be provided by others. 2.03D Tanks will be manufactured to maximum allowable temperature of 141E degrees Fahrenheit 2.058 Internal drop pipes will not be provided. 2.05D PPC will quote fittings as they am shown on the drawings. 205E Anchor bolts for ladder to be provided by odwrs. 2.05 F Precautionary labeling to be supplied by others. 'SERVING THE SCX1 MEAST SINCE 1908" d 098fi-8Z9-LOt� DNI a'dv k3H dZ£:b0 90 % Agenda Item No. 16C2 December 13, 2005 Page 10 of 16 Frtight: Inclucled Please allow 4-6 weeks for delivery after receipt of approved submittals. Proposal includes only items specified.. Prices quoted are furn for thirty clays after bate of proposal. Should you wish to place an order after the expiration date, please contact our office for pricing confirmation. Please address purchase ord= as follows: POLYMOCESSING COMPANY c/o Heyward Incorporated 730D West Camino Real Boca Raton, Florida 33433 Please contact me at 56I.447AO47 with any questions or comments regarding our offering. Sincerely, Heyward Incorporated Ronald S. SSupler f P.E. Boca.Raton Office Z -d 0996-9Z9 -L0b DNI GUVAA l3H dZ£ -to 90 91 AON Agenda Item No. 16C2 December 13, 2005 Page 11 of 16 November 21, 2005 Mr. Richard Cannyn, PMP, Project Manager COLLIER COUNTY PUBLIC UTILITIES ENGINEERING DEPARTMENT 3301 Tamiami Trail East, Building H Naples, Florida 34112 NCWRF Hypochlorite Upgrades Recommendation to Accent Manufacturer's Quotes for Owner - Purchase of Emergency Eauipment Dear Mr. Cannyn: The subject project consists primarily of the following work: 1. Construction of a secondary containment structure to house two new bleach storage tanks. 2. Purchase and installation of two 12,000 gallon bleach storage tanks and accessories. 3. Purchase and installation of a chemical metering pump skid to dose bleach from the storage tanks into the existing Chlorine Contact Basins Nos. 3, 4 and 5 to meet FDEP permit requirements for production of reclaimed water as the County's primary means of disposing plant effluent. 4. Equipment to provide onsite dilution of 12 percent bleach (as delivered by the chemical supplier) to 6 percent concentration. The dilution mitigates long -term O &M problems associated with degradation and off- gassing of 12 percent bleach, which causes leaks in piping systems and damage to pumps and valves. Equipment associated with chemical dilution includes a water softener system, two chemical recirculation pumps and related piping and appurtenances. 5. Related civil, mechanical and electrical work. This project is being implemented by the County on an emergency basis to replace existing bleach storage tanks that are failing and experiencing leaks. The County has rented a temporary tank system to remain in place until the permanent tanks and pump skid can be installed under this project. The entire project was recently bid by three of the County's fixed -term utilities contractors. Due to the emergency status of this project, the County has elected to remove the purchase of the tanks and the metering pump skid from the overall contract and purchase these directly while the bid is being awarded for the low -bid general contractor to perform the remainder of the project work. Direct Owner purchase of the tanks and pump skid will expedite the delivery of these items for installation by the general contractor and shorten the duration required to place the new permanent tanks and pumps in service. We have reviewed the manufacturers' proposals (attached) for the storage tanks and the pump skids. Both proposals meet the technical specifications for this project and were direct purchase 11 -21 -05 (2) Agenda Item No. 16C2 December 13, 2005 Page 12 of 16 used by the project's low bidder during the recent competitive bid process. As such we recommend that the County proceed immediately with the direct purchase of the storage tanks and the metering pump skid in accordance with the attached proposals. Please call me if you have any questions. Very truly yours, HAZEN AND SAWYER, P.C. Kurt A. Pfeffer, P.E. Project Manager C. Dayne Atkinson/CCPUED Jack CurranlCCPurchasing File 40408 -7.1.2 direct purchase 11 -21 -05 (2) EPO # 7_O oo 3 EMERGENCY PURCHASE GIRDER Agenda Item No. 16C2 December 13, 2005 Page 13 of 16 DATE % /�� d� _ / n PT. NAME �.(l�/4'S- '�`ELtf �'T��- DELIVERY SITE Vii./ Cl h� LLB' IV Oti 7-45 TO. VENDOR CODE yip TERMS BCC AGENDA DATE (if over $25,000) IV 45 )=/9 C /C- / ry -rl fn 4` /PA-r,6 'IA4- XJ07- TO 4!!r:'xdO6D i rr I �I r � _i DISCOLIN ~'HIS FORM SHALL NOT BE USED UNDER ANY tRCUMSTANCES WITHOUT THE PRIOR APP- ROVAL OF THE PURCHASING DEPARTMENT. White - Vendor Yellow - Department DEPARTMEMT HEAD M OUNTY MANAGE OVAL Pink - Finance Golde d - Purchasing � . r BCC AGENDA DATE (if over $25,000) IV 45 )=/9 C /C- / ry -rl fn 4` /PA-r,6 'IA4- XJ07- TO 4!!r:'xdO6D i rr I �I r � _i DISCOLIN ~'HIS FORM SHALL NOT BE USED UNDER ANY tRCUMSTANCES WITHOUT THE PRIOR APP- ROVAL OF THE PURCHASING DEPARTMENT. White - Vendor Yellow - Department DEPARTMEMT HEAD M OUNTY MANAGE OVAL Pink - Finance Golde d - Purchasing EPO # 20k oo. EMERGENCY PURCHASE ORDER Agenda Item No. 16C2 December 13, 2005 Page 14 of 16 DATE _ // 'j_ ���- d S n j p DEPT. NAME %C4R"5 TLLJf}'T�/e DELIVERY SITE ,ill C�G(J /C, F TO: /n + 'fGft E L L 4- VENDOR CODE khz/ TERMS COMMENTS '7046 6 / 1/ ► i 0 OEM BCC AGENDA DATE (if over $25,000) EMCZ66,ve v 1(1E)0A-1ks To AJ- ,Q CZ-er+ FAca• Tin g !YI R-7�,P�f3iC� /U6 T 7v In o 7,`4NK A5�. 77V_ 30. �'7, Z l'�2�T ll L 41z_L e of DISCOUNT TOTAL THIS FORM SHALL NOT BE USED UNDER ANY CIRCUMSTANCES WITHOUT THE PRIOR APP- ROVAL OF THE PURCHASING DEPARTMENT. White - Vendor Yellow - Department 1'1 G'MA OTh1CAtT LJCA(l reyi, 0V 410 ©G7 3 DIRECTOR u J COUNTY MANAG )ROVAL Pink - Finance Gold e - Purchasing -1(? EPO #;�1ML EMERGENCY PURCHASE ORDER Agenda Item No. 16C2 December 13, 2005 Page 15 of 16 DATE III SIDS �� PT. NAME T STE ��}� DELIVERY SITE NE y rv� -�'p /n�c�lzPoe��D TO: 7 3 00 OA-110 1No � ,Sc I re a 19 VENDOR CO TERMS JMMENTS BCC AGENDA DATE (if over $25,000) %3 9 !a 6 36 �. 6,+,- -L7) r-o r,wvKs Poc jVRA0CC55 /A/6 Gig L I'm FO 5r6R,4GE ;r rs DOG 7"ftNK s Nrrg DISCOUNT TOTAL "41S FORM SHALL NOT BE USED UNDER ANY .iRCUMSTANCES WITHOUT THE PRIOR APP- ROVAL OF THE PURCHASING DEPARTMENT. White - Vendor Yellow - Department ::====DEPAR E MEAD DIVISION AD 71N ISTRATOR PURCHASING DIR COUNTY MA G R'S APPROVAL Pink - Finance Goldenrod - Purchasing Agenda Item No. 16C2 December 13, 2005 Page 16 of 16 28- Nov -05 Prepared by: Dayne Atkinson BUDGET SHEET FOR PROJECT 739661 NORTH COUNTY WATER RECLAMATION FACILITY BLEACH SYSTEM UPGRADES Current Budget 1 $ 100,000.00 Budget approved on Se tember 13, 2005 Budget Amendment 1 $ 942,179.00 10n December 13, 2005 BUG agenda Total Budget $ 1,042,179.00 Amount Encumbered Total Encumbered 729,479.00 Amount for Emergency Purchase Orders Construction contract awarded to Mitchell and Stark for project Construction Contract ICEI $ 693,154.00 73966 CH2M Hill will be hired under fixed term contract 01 -3291 for Services $ 15,000.00 CEI services Allowance $ 21,325.00 n oreseen conditions Total Encumbered 729,479.00 Amount for Emergency Purchase Orders Total $ 312,700.00 Total Expenditure $ 1,042,179.00 Emergency purchase order for four polyethylene tanks and EPO Z06001 $ 217,000.00 one metering pump skid from Heyward Inc. Emergency purchase order for general contracting service EPO Z06002 $ 53,000.00 from Mitchell an Stark Emergency purchase order for engineering service from Hole- EPO Z06003 I $ 42,700.00 IMontes Total $ 312,700.00 Total Expenditure $ 1,042,179.00 Agenda item No. 16C3 December 13, 2005 Page 1 of 13 EXECUTIVE SUMMARY Recommendation to award construction contract to upgrade North County Water Reclamation Facility (NCWRF) sodium hypochlorite system to Mitchell and Stark Inc., under fixed term contract 04 -3535 for $693,154 and approve the necessary Budget Amendment for Project 739661. 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, sodium hypochlorite (bleach) solution system for the South side of the plant. A new sodium hypochlorite tank containment area will be built that will contain two (2) 12,000 gallon polypropylene vertical storage tanks. In addition, a new pump skid will be added that will house three dedicated pumps and one standby pump. Design for this project is complete and the funds requested are for construction work and construction engineering and inspection (CEI) services. Quotes were solicited from general contractors on the fixed term contract # 04 -3535 Underground ,,. Utility Services. On November 10, 2005 sealed quotes for the construction of this project were opened. Three quotes were received and are summarized in the following table: BIDDER QUOTES Mitchell and Stark $945,596 Douglas N. Higgins. Inc. $948,000 Haskins $1,305,000 The negotiated bid reflects Collier County directly purchasing item 2 (Sodium Hypochlorite Metering Pump Skid), directly purchasing item 3 (Sodium Hypochlorite Storage Tanks), removing coatings from item 9 (Reinforced Concrete), revising item 17 (Electrical Work), and removing item 15 (Chemical Injectors) on the bid schedule for a lowered price of $693,154. Staff has analyzed these bids, finds them to be fair and reasonable and recommends awarding the contract to the lowest responsive and qualified bidder, Mitchell and Stark Inc., for $693,154. This amount is within 15% of the $584,540 estimated cost provided by the Engineer of Record, Hazen and Sawyer. Due to recent catastrophic natural disasters in the Gulf Coast region, material and petroleum costs have significantly increased construction costs throughout the country warranting this 15% difference in estimated cost. Hazen and Sawyer's recommendation reflecting these cost increases is attached. CH2M Hill will be providing construction engineering and inspection services for this project on -- the fixed term contract 01 -3291 CEI Services. The cost for CEI services is estimated to be $15,000. Agenda Item No. 1603 December 13, 2005 Page 2 of 13 There will also be a allowance of $21,325 to address any unforeseen conditions. Therefore, the total cost of the project is to be $729,479. Project 739661 was already planned and designed when a critical failure occurred to the bleach system causing an emergency repair. Emergency purchase orders were written to provide a temporary solution to this critical failure of the bleach system. An Executive Summary addressing the emergency purchase orders is also on the agenda for this Board meeting. The Project 739661, NCWRF Bleach System Reliability Upgrades, is contemplated in the 2003 Wastewater Master Plan Update adopted by the Board of County Commissioners as Agenda Item IOC on May 25, 2004. The Purchasing Department and the County Clerk's Finance and Accounting Division have reviewed the information contained in this Executive Summary and all the attachments. FISCAL IMPACT: A Budget Amendment is being processed to transfer $942,179 from the following projects: Project No. 725321 —NCWRF Rehabilitation - $150,000; Project No. 725111 — NCWRF Ox Ditch motors /drive rehab - $1,498; Project No. 725112 —NCWRF Ox Ditch motors /drive rehab - $103,481; Project No. 725121 — NCWRF Reliability - $87,200; Project No. 725122 —NCWRF Reliability - $400,000; -- Project No. 739651 —NCWRF Irrigation System - $200,000. To fund project 739661, the $942,179 is needed to supplement the existing budget of $100,000 to fully fund the project requirement of $1,042,179. The budget amendment for $942,179 is therefore necessary to cover costs associated with the permanent project and emergency purchase orders. Please see attachment entitled "Budget Sheet for Project 739661" for further explanation. These funds are available in the FY06 Capital Budget approved by the Board of County Commissioners on September 27, 2005. Funding source is 414, Wastewater User Fees. GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. RECOMMENDATION: Staff recommends that The Board of County Commissioners, as Ex- officio governing board for the Collier County Water -Sewer .District, award work order number UC -127 "NCWRF Bleach System Reliability Upgrades" in the amount of $693,154 to Mitchell and Stark and approve the necessary Budget Amendment. PREPARED BY: Richard Cannyn, Project Manager, Public Utilities Engineering. Agenda Item No. 16C3 December 13, 2DO5 Page 3of13 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. 16C3 Item Summary: Recommendation to award construction contract to upgrade North County Water Reclamation Facility (NCWRF) sodium hyp ichlorite system to Mitchell and Stark Inc., under fixed term contract 04 -3535 for $693,154 and approve the necessary Budget Amendment for Project 739661, Meeting Date: 12/1312005 9:00:00 AM Prepared By Oyer. Atidreson Project Manager base Public Utilities Public Utilities Engineering 1112212005 3:21:51 PM Approved By William D. Muffin, PE Principal Project Manager Data Public Utilities Public Utilities Engineering 11122/2005 4:ST PM Approved By Jack P. Carron Purchasing Agent Date Administrativaliarvices Purchasing 11!23120063:36 PM Approved By Mike Hauer AcquisPoon Manager oat. Administrative Services Purchasing 11120/2005 9:03 AM Approved By Sieve Carnall PurchasinglGoneraf Svcs Director Data Administrative Satvtces Purchasing 1112012005 9:36 AM Approved By O. George Yilmaz Interim Wastowater Director Data Public ublitiss Wastewater 1 512 01200 5 10:10 AM Approved By Roy B. Anderson. P.E. Public Utiltties Engineering Director Data Public Utilities Public Utilities Engineering 11129120DS 2:34 PM Approved By Thomas Mtdes Operations Director Data Public Utilities Public Utilities Operations lV29(2005 4:06 PM Approved By James W. DeLony Public Utitkies Administrator Date Public Utilities Public Utilities Administration 11/2912005 4:17 PM Approved By OM &Coordinator Administrative Assistant Date County Manager's OHM* 0111- of Management 6 Budget 11)2912005 4:29 PM Approved By Michael Smykowski Management 6 Budget U-ctor Date County Manager's Office offics of Management & Budget 121212005 1:03 PM Approved By James V. Mudd County Manager Data Board of County County Manager'x Attica 121W2006 12:04 PM Commissioners BUDGET AMENDMENT REQUEST 414 Agenda Item No. 16C3 December 13, 2005 Page 4 of 13 For Budget/Finance Use Only BA# ............................... JE# .. ............................... BAR # .............................. A.P.H. Date ....................... Wastewater User Rate Fund Fund Number Fund Description Date Prepared: 11/17/05 Approved by BCC on: Attach Executive Summary Item No.: Expense Budget Detail Fund Center Title: Wastewater Capital Impact Fd Ctr No.: 263614 WBS Element Title: NCWRF Rehabilitation WBS No.: 725321 (Prnvirie the Fnnri Center nr WRS ol—nt inf rmatinn it is not - -irari to --ii. tenth \ Fund Center WBS Element Commit Item Commitment Item Description Increase (Decrease) Current Budget Revised Bud et 263614 725321 763100 Building Improvement (150,000) 724,975 574,975 263614 725112 763100 Improvements General (103,481) 103,481 0 Net Change to Budget (15u,"UU) Expense Budget Detail Fund Center Title: Wastewater Capital Impact WBS Element Title: NCWRF Ox Ditch motors /drive Rehab (Provide the Fund Center or WRS element infnrmatirin it iS not renmred to nrnvirie hnth 1 Fd Ctr No.: 263614 WBS No.: 72511 Fund Center WBS Element Commit Item Commitment Item Description Increase (Decrease) Current Budget Revised Budget 263614 725111 763100 Improvements General (1,498) 1,498 0 263614 725112 763100 Improvements General (103,481) 103,481 0 Net Change to Budget (104,979) Expense Budget Detail Fund Center Title: Wastewater Capital Impact Fd Ctr No.: 263614 WBS Element Title: NCWRF Reliability Improvements WBS No.: 72512 lPr vMP the Fnnrl (inter nr WRS clement inf rr..ati— it m nr.t room-- t., h..N, 1 Fund Center WBS Element Commit Item Commitment Item Description Increase Decrease Current Bud et Revised Bud et 263614 725121 763100 Improvements General (87,200) 87,200 0 263614 725122 763100 Improvements General (400,000) 400,000 0 Net Change to Budget (487,200) Expense Budget Detail Fund Center Title: Wastewater Capital Impact WBS Element Title: NCWRF Irrigation System Agenda Item No. 16C3 December 13, 2005 Page 5 of 13 Fd Ctr No.: 263614 WBS No.: 73965 (rroviae the tuna Fund Center tenter or woa WBS Element e,cu,cu, ,,—,n•o,,.,•,, Commit Item .. — ••..• • ....- _ - - -- - Commitment Item Description - - - -. Increase (Decrease) Current Budget Revised Budget 263614 739651 763100 Improvements General (200,000) 200,000 0 ]vet Unange to nuuget kwv,vw) Expense Budget Detail Fund Center Title: Wastewater Capital Impact WBS Element Title: NCWRF Bleach System Reliability Upgrade Fd Ctr No.: 263614 WBS No.: 739661 (rroviae the tuna Fund Center tenter or wn3 WBS Element eie,ucu, Commit Item „,....,.. -- .... • - Commitment Item Description -- - -. Increase (Decrease) Current Budget Revised Budget 263614 739661 763100 Improvements General 942,179 100,000 1,042,179 ixet t_,nange w nuuget 7"+l-,t Revenue Budget Detail Fund Center Title: WBS Element Title: Fd Ctr No.: WBS No.: (rroviae me rung Fund Center k,enter oc W WBS Element OD C-1-11, ,,,,�,,,,u Commit Item ....... ..... .•...... •.•..... •� •--• • -- - Commitment Item Description - - -, Increase (Decrease) Current Budget Revised Budget ivet unange to tsuuget EXPLANATION Why are funds needed? To enhance the reliability and safety of the chlorine bleach system at the NCWRF and to enhance the operators' ability to manage and control the amount of bleach that each chlorine contact chamber receives to ensure compliance with regulatory provisions. Where are funds available? Funds are available in the same Fund 414, from six different projects. Project No. 725321 — NCWRF Rehabilitation - $150,000 Agenda Item No. 16C3 December 13, 2005 Page 6 of 13 Project No. 725111 — NCWRF Ox Ditch motors /drive rehab - $1,498 Project No. 725112 —NCWRF Ox Ditch motors /drive rehab - $103,481; Project No. 725121 —NCWRF Reliability - $87,200 Project No. 725122 — NCWRF Reliability - $400,000; Project No. 739651 — NCWRF Irrigation System - $200,000 REVIEW PROCESS Cost Center Director: DATE Division Administrator: Budget Department: Agency Manager: Finance Department: Clerk of Board Admin.: Input by: B.A. No.: ,11/21/2005 13:53 12335667665 MITCHELLSTAW Mitchell & Stark Construction Company, "Contractors and Engineers since 1955" 6001 Shirley Street, Naples, Flor3.da 34109 To: Hazen and Sawyer Attn: Kurt Pfeffer, P.E. @Fax.: 561- 997 -8159 From: Mike Westhafer Date: 11/21/2005 Revised Pages: 3 Re: Chemical Storage and Feed Facility Upgrade$ Borth County W ater Reclamation Facility Dear Kurt: PAGE 01/03 Agenda Item No. 16C3 : f1v5mber 13, 2005 Page 7 of 13 Attached is the revised Bid Schedule for the referenced prajeet The items specifically revised ace: Items No. 2, 3 and 15 .removed fi+om scope- Item 9 reduced to 5117,760 after review of concrete quantity estimates and removal of interior structure coating. Item 13 reduced to $14,900 reflockuig an isnprovad equiPment quotation.. Item 17 reduced to $195,382. TWs, reduction is based on the elsminzlion of the concrete ductbank encasement and two of the type "E" light fixtures. The #2 cotwbc poiso has been included, but the ground rods have been reduced to one. This item also reflects deductions for control panels and instrumentation items that are being provided by others. item 19 reduced to $9,000. plmse contact us if you have any questions. Thanks, Mike Westhafec ccspy: John Curran 530 -6596 Richard Cannyn $30 -5378 Dayne Atkinson 530 -5378 ph. 239- 597 -2163 n26 fax 239 - 566 -7865 www.ni.tchollstark.cM .11/21/2885 13:53 12395667865 RED NO. COLLIER COUNTY MITCFELLSTAW PAGE 02/03 Agenda item No. 16C3 December 13, 2005 Page 8 of 13 CHEMICAL STORAGE AND FEID FACILITY UPGRADES SOUTH COUNTY WATER RECLAMATION FACILITY BID SCHEDULE Bidder proposes to furnish and install the Wowing in accordance with the scope of work in the Contract Documents: Es ti icd No. Description tat nit it rice To ce 1 Mobilization and Demobilization I LS $ 35„ cw S t's° 2 Purchase and delivery of Sodium I LS Allowance © r $ A r S 4... '- Hypochlorite Metering Pump Skid Purchase and dehvsty of Sodium LS 3 Hypoehlorite Storage Tank and 2 Allowance accessories r 4 Installation, startup, testing of Sodium LS $ Uu-q�o S 1.7, �40 Hypochlorite Metwing Pump Skid I 5 Installation, startup, testing of Sodium Hypoehtorite Storage Tank and LS $�* $ 3Z ,qcO accessories 1 Purchase. delivery, installation, startup b and testing of Chemical Recirculation 2 EA $ -,-Nto $ ZZ : ioFio GPs I 7 Site work I LS $ S- � 8 Precast Piping Trench with Cover u Lie EJC" S °�' S � EO4>0 9 •.� Reinforced Concrete (tank containment CY + O-L4+ 'i, lei h•7 5o — area, slabs, sidewalks, oO)cr) 10 Metals I LS S C S F 3+60 11 Fiberglass Grating, Handrail and 1 1rS $ �1 0 ` j- o S 2�1, ooh supports a O r '11121/2005 13:53 12395667865 MITCFELLSTARK PAGE 03/03 Agenda item No. 16C3 13I)11�I0- December 13, 2005 COLLIER COUNTY Page 9 13 FMrgency Shower Eye wash 3 EA �1 4° $ � `� -- i2 Stations, including flow switches _ Water Softener Package, including 1 Ep, � $ 13 batch flow meter 2 EA Sf� $ Qj L 14 Storage Tank Sight Gauges 6 E, 15 Chemical Injectors 16 Mechanical Process Piping and Valves 3 LS $��- $— �E'��° 17 A)) Electrical Work 1 LS $� $� I8 Instrumentation and PLC programming 1 LS Allowance 2Q 000 $� 1 LS 14 Any work not included in above items TOTAL BID P)EtICE 5�--- 60�, x5 ... mu-,m QTO Z G Gf Ot ya� O U a y N� Q <W g o = a o m �o So Z N � W = w 0 8 'c � a ¢ < m Wks J S >pp U C 2 i n i 0 z U m g m L ¢ j C O O 00 O H H 9 � N d f ¢ i m m p Sri H o o $ o m Nm o 0 <H o a o o m o m ai rH m o o Ln H K H H L a a 0 � w w Q m o m C � p Y r O tN+I H H O O^ o O G V O R N H 0 m H o (7 O m O c7 o N c a c w j w c °w °o m v m °m m o p N W xm9 wl f u m s am v ®E¢sy.c3 ormEm �,vm�in $i -°n$� It' g�m�g ��N°r- `cd.n$ ti a �E71 "E maoo °om�m °i �.4a� miom i0 _g` c��vm� m o r° �? `s o= N m d E a m m Y U 2 m m a � '' m; m � °{o0 � c�$ a °; m w w o� a U ° m.Y N o E Omom �O x c��p'om m -12 B4m r�EEw 2 ipm ¢a 0 (1z mocEm= m am" oma o ¢c mOm ' immS m3 aH O.om> >�A L ° N N t00 N m c7 ci c0° o ° o O �° ' L• r O S S O O O O V < n O n r Y °o �°n� w w B L o. c° W w a o Q S °o °o yu o °o 0 m m otOi o m °t4 H H cH en H °H H 0 o E o o vi a ai .n ni d !' C r w w a` N ni H J Q N N O N Q m E E m i E E a m N oim c� p mm v m a m aA Zm m � o o o g N a m a o z m m N i n i 0 z U m g z �y E2 c6 IEa �g � d d' z N D �w Q � o 2-0 x tl1 C W �p p� U ` W U Q z z w a m m Q Y9 O H O j C � A N w a` w us b °mf z ° c , t a m a n i`u w � M Yl M o u W w � m m w _ 4 9 40 L J. E OB.2� TE= Q' aE ��E�'..Em I o mc9 9 -a E N ''� jm al m �' x 8 E E _ m$ ° _ 8cd E?E=° me U ,a '� l^m.. $ o z r- d C O N [7 N t7 I N d o E ¢_. ww m 9 QQ QQ C m C w a S Q w o � c UU t m m C p m c �- Y O L L 2 1 T I p 2 Q z z w a m m Q cn In CY3 () CD — r-j 0 ci N z Eo cn Cc ECL -00 cm CY co 0 0 CY C4 CC co CY C, 14 a C4 L. v U - CY CY co 0 L.,. al "a I I I � L_ Cf Rf Im D CD -Cll I. D C N CY N 'jr V Z Z cs L6 E cQ ul 0 E Z z W N 0 c > cr u 0 ul u .0 w m c ra 'Vl c m c m o C 0 i -i u Agenda Item No. 16C3 December 13, 2005 Page 13 of 13 28- Nov -05 Prepared by: Dayne Atkinson BUDGET SHEET FOR PROJECT 739661 NORTH COUNTY WATER RECLAMATION FACILITY BLEACH SYSTEM UPGRADES Current Bud et $ 100,000.00 113ua eta roved on September 13, 2005 Budget Amendment $ 942,179.00 n December , agen a Total Budget $ 1,042,179.00 Amount tncumQerea rul -loo vow- Construction contract awarded to Mitchell and Stark for project Construction Contract $ 693,154.00 73966 CH2M Hill will be hired under fixed term contract 01 -3291 for CEI Services $ 15,000.00 CEI services Allowance $ 21,325.00 n oreseen con itions Total Encumbered $ 729,479.00 Amount Tor emergency rul -loo vow- Emergency purchase order for four polyethylene tanks and EPO Z06001 $ 217,000.00 one metering um skid from Heyward Inc. Emergency purchase order for general contracting service EPO Z06002 $ 53,000.00 from Mitchell an Stark mergency purchase order for engineering service rom o e EPO Z06003 $ 42,700.00 Montes Total $ 312,700.00 Total Expenditure $ 1,042,179.00 Agenda Item No. 16C4 December 13, 2005 Page 1 of 20 Executive Summary Recommendation to approve the South Florida Water Management District Local Governmental Agreement No. OT060134 in the amount of $987,679 as partial funding for construction of the South County Regional Water Treatment Plant 20 -MGD Wellfield Expansion, Project Number 708921. OBJECTIVE: To receive Board approval of the South Florida Water Management District Local Governmental Agreement No. OT060134 to provide partial funding for construction of the South County Regional Water Treatment Plant Wellfield Expansion Project 708921. CONSIDERATIONS: On July 26, 2005, the Board approved submittal of a grant application to the Big Cypress Basin /South Florida Water Management District (BCB /SFWMD) for funds to offset the cost for the construction of the South County Regional Water Treatment Plant Wellfield Expansion project. Funds in the amount of $3,187,679 were allocated to Collier County for this year's allocation of grants from SFWMD with $987,679 towards this project. The public purpose of this project is to provide for the needs of additional water supply, fueled by an extremely high rate of growth. Collier County now moves 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 provided to meet demand needs. ~` The construction of the 8 MGD SCRWTP reverse osmosis (RO) facility was completed in 2004. To meet the projected increase in potable water demand, the SCRWTP RO treatment capacity will be expanded by an additional 12 MGD (to 20 MGD). The purpose of the SCRWTP Wellfield Expansion project is to provide a reliable raw water supply for the reverse osmosis expansion of the SCRWTP. The expansion of the wellfield will be designed to provide an additional yield of 12 MGD of finished water. Twenty -three well sites have been identified south of the SCRWTP site for the 12 MGD expansion. The twenty -three new wells will draw water from the Hawthorn Zone 1 Aquifer, an alternative water source. The Purchasing Department, the County Attorney's Office, and the County Clerk's Finance and Accounting Division have reviewed the information contained in this Executive Summary and all the attachments. FISCAL IMPACT: The total project cost is $26,000,000 and the grant funding is $987,679. The matching funds are available in the FY 06 Capital Budget approved by the Board of County Commissioners on September 22, 2005. Current appropriations for the total project cost are identified in the Water Impact Fee Fund (411), SCRWTP Wellfield Expansion Project (708921). Approval of a budget amendment is requested whereby the additional revenue will be recognized. Upon receipt, the additional revenue will be placed in the Grant Proceeds Account of Fund (411). The source of funds is Water Impact Fees. GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. The project supports Agenda Item No. 1664 December 13, 2005 Page 2 of 20 the 2003 Wastewater Master Plan Update adopted by the Board of County Commissioners as Agenda Item I OC on May 25, 2004. RECOMMENDATION: That the Board of County Commissioners, Ex- officio the Governing Board of the Collier County Water -Sewer District: 1. Approve the attached South Florida Water Management District Agreement No. OT060134 to provide partial funding for construction of the South County Regional Water Treatment Plant 20 -MGD Wellfield Expansion Project. 2. Approve any necessary budget amendments. 3. Authorize the Chairman of the Board of County Commissioners to execute the Agreement after approval by the County Attorney's Office. PREPARED BY: Richard Cannyn, Project Manager, Public Utilities Engineering Department 2 Agenda Item No. 16C4 December 13, 2005 Page 3 of 20 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. 1504 ..�.. Item Summary: Recommendation to approve the South Florida Water Management District Local Governmental Agreement No. 07060134 in the amount of $967.679 as partial funding for construction of the South County Regional Water Treatment Plant 20 -MGD Welffleld Expansion. Project Number 708921. Meeting Date: 1211 &2005 9:0090 AM prepared By Richard Cannyn Project Manager Date Public Utilities Public Utilities Engineering 11/1712006 2:21:47 PM Approved By Marione J. Faord GnM. Coordinator Date Administrative Services Administrative Services Admin. 1'L'22/20051:35 PM Approved By William D. Mullin. P£ Principal Project Manager Data Public Utilities Public Utilities Engineering 11122!20054:17 PM Approved By Paul Mattausch Water Director Data Public Utilities Water 1112312006916 AM Approved By Roy 8, Anderson, P.E. Public Utilities Engineering Director Data Public Utilities Public Utigfiss Engineering 11128120054:65AM Approved By Thomas Wide. Operations Director Date Public Utilities Public Utilities Operations 11128!20051:14 PM Approved By James W. Del-my Public Utilities Administrator Data Public Utilities Public Utilities Administration 11128120059:26 AM Approved By OMB Coordinator AdmiMstrative Assistant Data County Managers Office Office of Management E Budget 1112 &200511:15 AM Approved By Susan Usher Senior Maoagemenb8udget Analyst Date County Managers Office Office of Management 6 Budget 1212/2005 2:48 PM Approved By Michael Smykowaki Maoagement & Hudget Director Date County Manager's Office Office of Management It Budget 12/212006 5:07 PM Approved By James V. Mudd County Manager Data Board of County Commissioners County Manages Office 1 21312005 12;26 PM Agenda Item No. 1604 December 13, 2005 Page 4 of 20 SOUTH FLORIDA WATER MANAGEMENT DISTRICT • 3301 Gun Club Road, West Palm Beach, Florida 33406 • (561) 686 -8800 • FL WATS 1 -811v": SP (561) 697 -2574 Mailing Address: P.O. Box 24680, West Palm Beach, FL 3341611680 • www.sfwmd.gov '05 NOV 3l Pty 12.. So November 30, 2005 Mr. Phil Gramatges Collier County Water /Sewer 3301 E. Tamiami Trail, Building H Naples, FL 34112 Dear Mr. Gramatges: Subject: Contract # OT060134 Well Field Expansion Project Please find enclosed two (2) copies of the revised subject document. The total District funding has been corrected to read $987,679.00. The previous copy that was sent to you had the numbers transposed. I apologize for any inconvenience this may have caused. Will you please have both copies of the contract signed by an individual with signature authority on behalf of your organization? Please include documentation to demonstrate official delegation of signature authority up to the contract monetary limits. Please return both copies to my attention, along with, if applicable and not previously submitted, a Certificate of Insurance reflecting the required coverage(s). Do not date the documents, a fully signed document will be returned to you upon execution by the South Florida Water Management District (District). Note that this document is not binding on the parties until it is approved by the appropriate level of authority within the District and executed by both parties. Your cooperation and timely response will be greatly appreciated. Should there be any questions, or if you require any additional information, please contact me. Sincerely, f' Bernadette Harrison Contract Specialist Procurement Department bharriso @sfwmd.gov (561) 682 -6378 Enclosures c: Max Guerra, MSC 6862 GOVERMNG BOARD EXECUTIVE OFFICE Kevin McCarty, Chair Alice J. Carlson Lennart E. Lindahl, P.E. Carol Ann Wehle, Executive Director Irela M. Bague, Vice -Chair Michael Collins Harklev R. Thornton Pamela Brooks - Thomas Nicolas J. Gutierrez, Jr., Esq. Malcolm S. Wade, Jr. Agenda Item No. 16C4 December 13, 2005 Page 5 of 20 ORIGINAL SOUTH FLORIDA WATER MANAGEMENT DISTRICT LOCAL GOVERNMENTAL AGREEMENT AGREEMENT NO. OT060134 BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT I, `E1) COLLIER COUNTY WATERISEWER DISTRICT THIS AGREEMENT is entered into as of by and between the South Florida Water Management District (DISTRICT) and the Collier County Water /Sewer District (ENTITY). WHEREAS, the DISTRICT is a public corporation of the State of Florida, created by the Florida Legislature and given those powers and responsibilities enumerated in Chapter 373, Florida Statutes, to include entering into contracts with public agencies, private corporations or other persons; and WHEREAS, the DISTRICT desires to provide financial assistance to the ENTITY for the South County Regional Water Treatment Plant wellfield expansion; and WHEREAS, the ENTITY warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms and conditions of this AGREEMENT; and WHEREAS, the Governing Board of the District at its November 9, 2005 meeting approved entering into this AGREEMENT with the ENTITY; NOW, THEREFORE, in consideration of the covenants and representations set forth herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. The DISTRICT agrees to contribute funds and the ENTITY agrees to perform the work set forth in Exhibit "A" attached hereto and made a part hereof, subject to availability of funds and in accordance with their respective authorities to construct twenty-three (23) Hawthorn Zone 1 Wells adjacent to the South County Regional Water Treatment Plant. 2. The period of performance of this AGREEMENT shall commence on the date of execution of this AGREEMENT and shall continue for a period of one (1) year. 3. The total DISTRICT contribution shall not exceed the amount of Nine Hundred Eighty-seven Thousand Six Hundred Seventy-nine Dollars and No Cents ($987,679.00). The DISTRICT will provide the full amount based on the Payment and Deliverable Schedule set forth in Exhibit `B ", which is attached hereto and made a part of this AGREEMENT. The DISTRICT's contribution is subject to adequate documentation to support actual expenditures within the not -to- exceed AGREEMENT funding limitation of $987,679.00. In no event shall the DISTRICT be liable for any contribution hereunder in excess of this amount. If the total consideration for this AGREEMENT is subject to multi-year funding allocations, funding for each applicable fiscal year of this AGREEMENT will be subject to Governing Board Agreement No. OT060134, Page 1 of 5 Agenda Item No. 16C4 December 13, 2005 Page 6 of 20 budgetary appropriation. In the event the DISTRICT does not approve funding for any subsequent fiscal year, this AGREEMENT shall terminate upon expenditure of the current funding, notwithstanding other provisions in this AGREEMENT to the contrary. The DISTRICT will notify the ENTITY in writing after the adoption of the final DISTRICT budget for each subsequent fiscal year if funding is not approved for this AGREEMENT. 4. The ENTITY shall submit quarterly financial reports to the DISTRICT providing a detailed accounting of all expenditures incurred hereunder throughout the term of this AGREEMENT. The ENTITY shall report and document the amount of funds expended per month during the quarterly reporting period and the AGREEMENT expenditures to date within the maximum not- to-exceed AGREEMENT funding limitation. 5. The ENTITY shall cost share in the total amount of Two Million Four Hundred Seventy-seven Thousand Three Hundred Twenty-one Dollars and No Cents ($2,477,321.00) in conformity with the laws and regulations governing the ENTITY. 6. All work to be performed under this AGREEMENT is set forth in Exhibit "A ", Statement of Work, which is attached hereto and made a part of this AGREEMENT. The ENTITY shall submit quarterly progress reports detailing the status of work to date for each task. The work specified in Exhibit "A" shall be under the direction of the ENTITY but shall be open to periodic review and inspection by either party. No work set forth in Exhibit "A" shall be performed beyond the expiration date unless authorized through execution of an amendment to cover succeeding periods. 7. The ENTITY is hereby authorized to contract with third parties (subcontracts) for services awarded through a competitive process required by Florida Statutes. The ENTITY shall not subcontract, assign or transfer any other work under this AGREEMENT without the prior written consent of the DISTRICT's Project Manager. The ENTITY agrees to be responsible for the fulfillment of all work elements included in any subcontract and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the ENTITY that the DISTRICT shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract(s). 8. Both the DISTRICT and the ENTITY shall have joint ownership rights to all work items, including but not limited to, all documents, technical reports, research notes, scientific data, computer programs, including the source and object code, which are developed, created or otherwise originated hereunder by the other party, its subcontractor(s), assign(s), agent(s) and/or successor(s) as required by the Exhibit "A ", Statement of Work. Both parties' rights to deliverables received under this AGREEMENT shall include the unrestricted and perpetual right to use, reproduce, modify and distribute such deliverables at no additional cost to the other party. Notwithstanding the foregoing, ownership of all equipment and hardware purchased by the ENTITY under this AGREEMENT shall be deemed to be the property of the ENTITY upon completion of this AGREEMENT. The ENTITY shall retain all ownership to tangible property. 9. The ENTITY, to the extent permitted by law, assumes any and all risks of personal injury, bodily injury and property damage attributable to negligent acts or omissions of the ENTITY and the officers, employees, servants and agents thereof. The ENTITY represents that it is self - funded for Worker's Compensation and liability insurance, covering bodily injury, personal injury and property damage, with such protection being applicable to the ENTITY, its officers and employees while acting within the scope of their employment during performance of this AGREEMENT. In the event that the ENTITY subcontracts any part or all of the work hereunder to any third party, the ENTITY shall require each and every subcontractor to identify the DISTRICT as an additional insured on all insurance policies as required by the ENTITY. Any contract awarded by the ENTITY shall include a provision whereby the ENTITY's subcontractor agrees to indemnify, pay on behalf, and hold the DISTRICT harmless from all damages arising in connection with the ENTITY's subcontract. 10. The ENTITY and the DISTRICT further agree that nothing contained herein shall be construed or interpreted as (1) denying to either party any remedy or defense available to such party under the laws of the State of Florida; (2) the consent of the State of Florida or its agents and agencies to be sued; or (3) a waiver of sovereign immunity of the State of Florida beyond the waiver provided in Section 768.28, Florida Statutes. Agreement No. OT060134, Page 2 of 5 Agenda Item No. 16C4 December 13, 2005 Page 7 of 20 11. The parties to this AGREEMENT are independent entities and are not employees or agents of the other parties. Nothing in this AGREEMENT shall be interpreted to establish any relationship other than that of independent entities, between the DISTRICT, the ENTITY, their employees, agents, subcontractors or assigns, during or after the term of this AGREEMENT. The parties to this AGREEMENT shall not assign, delegate or otherwise transfer their rights and obligations as set forth in this AGREEMENT without the prior written consent of the other parties. Any attempted assignment in violation of this provision shall be void. 12. The parties to this AGREEMENT assure that no person shall be excluded on the grounds of race, color, creed, national origin, handicap, age or sex, from participation in, denied the benefits of, or be otherwise subjected to discrimination in any activity under this AGREEMENT. 13. The ENTITY, its employees, subcontractors or assigns, shall comply with all applicable federal, state and local laws and regulations relating to the performance of this AGREEMENT. The DISTRICT undertakes no duty to ensure such compliance, but will attempt to advise the ENTITY, upon request, as to any such laws of which it has present knowledge. 14. Either party may terminate this AGREEMENT at any time for convenience upon thirty (30) calendar days prior written notice to the other party. In the event of termination, all funds not expended by the ENTITY for authorized work performed through the termination date shall be returned to the DISTRICT within sixty (60) days of termination. 15. The ENTITY shall allow public access to all project documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. Should the ENTITY assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the ENTITY. 16. The ENTITY shall maintain records and the DISTRICT shall have inspection and audit rights below. The ENTITY shall similarly require each subcontractor to maintain and allow access to such records for audit purposes: A. Maintenance of Records: The ENTITY shall maintain all financial and non - financial records and reports directly or indirectly related to the negotiation or performance of this AGREEMENT including supporting documentation for any service rates, expenses, research or reports. Such records shall be maintained and made available for inspection for a period of five (5) years from the expiration date of this AGREEMENT. B. Examination of Records: The DISTRICT or designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this AGREEMENT. Such examination may be made only within five (5) years from the expiration date of this AGREEMENT. C. Extended Availability of Records for Leal Disputes: In the event that the DISTRICT should become involved in a legal dispute with a third party arising from performance under this AGREEMENT, the ENTITY shall extend the period of maintenance for all records relating to the AGREEMENT until the final disposition of the legal dispute. All such records shall be made readily available to the DISTRICT. 17. Whenever the DISTRICT's contribution includes state or federal appropriated funds, the ENTITY shall, in addition to the inspection and audit rights set forth in paragraph #16 above, maintain records and similarly require each subcontractor to maintain and allow access to such records in compliance with the requirements of the Florida State Single Audit Act and the Federal Single Audit Act, as follows: A. Maintenance of Records: The DISTRICT shall provide the necessary information to the ENTITY as set forth in Exhibit "C ". The ENTITY shall maintain all financial/non- financial records through: „ (1) Identification of the state or federal awarding agency, as applicable (2) Project identification information included in the Catalog of State Financial Assistance (CSFA) or the Catalog of Federal Financial Assistance (CFDA), as applicable Agreement No. OT060134, Page 3 of 5 Agenda Item No. 16C4 December 13, 2005 Page 8 of 20 (3) Audit and accountability requirements for state projects as stated in the Single Audit Act and applicable rules of the Executive Office of Governor, rules of the Chief Financial Officer and rules of the Auditor General and the State Projects Compliance Supplement (4) Audit/accountability requirements for federal projects as imposed by federal laws and regulations (5) Submission of the applicable single audit report to the DISTRICT, as completed per fiscal year B. Examination of Records: The DISTRICT or designated agent, the state awarding agency, the state's Chief Financial Officer and the state's Auditor General and/or federal awarding agency shall have the right to examine the ENTITY's financial and non - financial records to the extent necessary to monitor the ENTITY's use of state or federal financial assistance and to determine whether timely and appropriate corrective actions have been taken with respect to audit findings and recommendations which may include onsite visits and limited scope audits. 18. All notices or other communication regarding this AGREEMENT shall be in writing and forwarded to the attention of the following individuals: South Florida Water Management District Attn: Maximo Guerra, Project Manager Telephone No. (239) 597 -1505 ext. 7612 Attn: Bernadette Harrison, Contract Specialist Telephone No. (561) 682 -6378 Address: P.O. Box 24680 3301 Gun Club Road West Pahn Beach, FL 33416 -4680 Collier County Water Sewer District Attn: Phil Gramatges, Project Manager Telephone No. (239) 530 -5378 Address: 3301 E. Tamiami Trail, Bldg. H Naples, FL 34112 19. ENTITY recognizes that any representations, statements or negotiations made by DISTRICT staff do not suffice to legally bind DISTRICT in a contractual relationship unless they have been reduced to writing and signed by an authorized DISTRICT representative. This AGREEMENT shall inure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. 20. This AGREEMENT may be amended, extended or renewed only with the written approval of the parties. The DISTRICT shall be responsible for initiating any amendments to this AGREEMENT, if required. 21. This AGREEMENT, and any work performed hereunder, is subject to the Laws of the State of Florida. Nothing in this AGREEMENT will bind any of the parties to perform beyond their respective authority, nor does this AGREEMENT alter the legal rights and remedies which the respective parties would otherwise have, under law or at equity. 22. Should any term or provision of this AGREEMENT be held, to any extent, invalid or unenforceable, as against any person, ENTITY or circumstance during the term hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this AGREEMENT, to the extent that the AGREEMENT shall remain operable, enforceable and in full force and effect to the extent permitted by law. 23. Failures or waivers to insist on strict performance of any covenant, condition, or provision of this AGREEMENT by the parties shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other party from performing any subsequent obligations strictly in accordance with the terms of this AGREEMENT. No waiver shall be effective unless in writing and signed by the party against whom enforcement is sought. Such waiver shall be limited to provisions of this AGREEMENT specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. 24. Any dispute arising under this AGREEMENT which cannot be readily resolved shall be submitted jointly to the signatories of this AGREEMENT with each party agreeing to seek in good faith to resolve the issue through negotiation or other forms of non - binding alternative dispute resolution mutually acceptable to the parties. A joint decision of the signatories, or their designees, shall be the disposition of such dispute. Agreement No. OT060134, Page 4 of 5 Agenda item No. 1604 December 13, 2005 Page 9 of 20 25. This AGREEMENT states the entire understanding and agreement between the parties and supersedes any and all written or oral representations, statements, negotiations, or agreements previously existing between the parties with respect to the subject matter of this AGREEMENT. 26. Any inconsistency in this AGREEMENT shall be resolved by giving precedence in the following order: (a) Terms and Conditions outlined in preceding paragraphs 1— 24 (b) Exhibit "A" Statement of Work (c) all other exhibits, attachments and documents specifically incorporated herein by reference IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute this AGREEMENT on the date first written above. SFWMD PROCUREMENT APPROVED By: N _/ ; Date: SOUTH FLORIDA WATER MANAGEMENT DISTRICT BY ITS GOVERNING BOARD By: Frank Hayden, Procurement Director COLLIER COUNTY WATERISEWER DISTRICT Title: Agreement No. OT060134, Page 5 of 5 Agenda Item No. 1604 December 13, 2005 Page 10 of 20 Exhibit "A" Statement of Work South County Regional Water Treatment Plant 20 -MGD Wellfield Expansion A. Introduction 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 provided to meet demand needs. The construction of the 8 million gallons per day (MGD) South County Regional Water Treatment Plant (SCRWTP) reverse osmosis (RO) facility was completed in 2004. To meet the projected increase in potable water demand, the SCRWTP RO treatment capacity will be expanded by an additional 12 MGD (to 20 MGD). The purpose of the SCRWTP Wellfield Expansion project is to provide a reliable raw water supply for the reverse osmosis expansion of the SCRWTP. This Statement of Work is for Task 3, Construction Phase 1 (Well Drilling). B. Objectives The expansion of the wellfield will be designed to provide an additional yield of 12 MGD of finished water, for a total of 20 MGD. C. Scope of Work Twenty -three (23) well sites have been identified south of the SCRWTP site for the 12 MGD expansion. The twenty -three (23) new wells will draw water from the Hawthorn Zone 1 Aquifer, an alternative water source. Collier County is requesting $987,679 as partial funding for the construction of 23 Hawthorn Zone 1 wells adjacent to the SCRWTP. D. Work Breakdown Structure The major Tasks of the projects are: 1 Engineering Design 2 Construction Management 3 Construction Phase 1 (Well Drilling) 4 Construction Phase 2A (Wellfield Construction — Northern Wells) 5 Construction Phase 213 (Wellfield Construction — Southern Wells) Exhibit "A" to Agreement No. OT060134, Page 1 of 2 E. Summary Schedule of Task and Deliverables Task Deliverable Cost SFWMD Address 3301 East Tamiami Trail, Bldg H Naples, Florida 34112 Share 1 Complete Engineering Design $1,200,000 239 530 -5378 2 Construction Management $2,600,000 3 Construction Phase 1 $3,465,000 $987,679 (Well Drilling) 4 Construction Phase 2A $10,780,000 (Wellfield Construction — Northern Wells) 5 Construction Phase 2B $12,100,000 (Wellfield Construction — Southern Wells) Total SFWMD Share $987,679 F. Contact Information Agenda Item No. 16C4 December 13, 2005 Page 11 of 20 Date 10/05 01/06 — 07107 01/06 — 09/06 05/06 — 12/06 12/06 — 07/07 Collier County Project Manager Name Mr. Phil Gramat es Address 3301 East Tamiami Trail, Bldg H Naples, Florida 34112 Phone 239 774 -8836 Fax 239 530 -5378 Email PhilGramatges@colliergov.net Exhibit "A" to Agreement No. OT060134, Page 2 of 2 Agenda Item No. 16C4 December 13, 2005 Page 12 of 20 EXHIBIT "B" PAYMENT AND DELIVERABLE SCHEDULE South County Regional Water Treatment Plant (SCRWTP) Expansion Project Total payment by the District to the Entity shall not exceed the amount of $987,679.00. All invoices shall be accompanied by adequate documentation to support actual expenditures incurred by the Entity within the not -to- exceed amount specified below in accordance with Article 3 of the Agreement. Payment by the District is further subject to receipt of quarterly progress reports from the Entity with documentation to demonstrate completion of each project task. The Entity is responsible for reviewing and approving deliverables to ensure that project objectives are met. The Entity is also responsible for project management, budget management and quality control. Task Deliverable Due Date* District Payment 1 Complete Engineering Design 10/05 N/A 2 Construction Management 01/06 — 07/07 N/A 3 Construction Phase 1 Well Drilling) 01/06 — 09/06 $987,679.00 4 Construction Phase 2A Wellfield Construction — Northern Wells 05/06 — 12/06 N/A 5 Construction Phase 213 ellfield Construction — Southern Wells 12/06 — 07/07 N/A Total Not -to- Exceed Payment $987,679.00 * All dates are estimates and are referenced from the date of contract execution. Exhibit `B" to Agreement No. OT060134, Page 1 of 1 Agenda Item No. 16C4 December 13, 2005 Page 13 of 20 ORIGINAL SOUTH FLORIDA WATER MANAGEMENT DISTRICT LOCAL GOVERNMENTAL AGREEMENT AGREEMENT NO. OT060134 BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND COLLIER COUNTY WATER/SEWER DISTRICT THIS AGREEMENT is entered into as of by and between the South Florida Water Management District (DISTRICT) and the Collier County Water /Sewer District (ENTITY). WHEREAS, the DISTRICT is a public corporation of the State of Florida, created by the Florida Legislature and given those powers and responsibilities enumerated in Chapter 373, Florida Statutes, to include entering into contracts with public agencies, private corporations or other persons; and WHEREAS, the DISTRICT desires to provide financial assistance to the ENTITY for the South County Regional Water Treatment Plant wellfield expansion; and WHEREAS, the ENTITY warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms and conditions of this AGREEMENT; and WHEREAS, the Governing Board of the District at its November 9, 2005 meeting approved entering into this AGREEMENT with the ENTITY; NOW, THEREFORE, in consideration of the covenants and representations set forth herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. The DISTRICT agrees to contribute funds and the ENTITY agrees to perform the work set forth in Exhibit "A" attached hereto and made a part hereof, subject to availability of funds and in accordance with their respective authorities to construct twenty-three (23) Hawthorn Zone 1 Wells adjacent to the South County Regional Water Treatment Plant. 2. The period of performance of this AGREEMENT shall commence on the date of execution of this AGREEMENT and shall continue for a period of one (1) year. 3. The total DISTRICT contribution shall not exceed the amount of Nine Hundred Eighty-seven Thousand Six Hundred Seventy-nine Dollars and No Cents ($987,679.00). The DISTRICT will provide the full amount based on the Payment and Deliverable Schedule set forth in Exhibit `B ", which is attached hereto and made a part of this AGREEMENT. The DISTRICT's contribution is subject to adequate documentation to support actual expenditures within the not- to-exceed AGREEMENT funding limitation of $987,679.00. In no event shall the DISTRICT be liable for any contribution hereunder in excess of this amount. If the total consideration for this AGREEMENT is subject to multi-year funding allocations, funding for each applicable fiscal year of this AGREEMENT will be subject to Governing Board Agreement No. OT060134, Page 1 of 5 Agenda Item No. 16C4 December 13, 2005 Page 14 of 20 budgetary appropriation. In the event the DISTRICT does not approve funding for any subsequent fiscal year, this AGREEMENT shall terminate upon expenditure of the current funding, notwithstanding other provisions in this AGREEMENT to the contrary. The DISTRICT will notify the ENTITY in writing after the adoption of the final DISTRICT budget for each subsequent fiscal year if funding is not approved for this AGREEMENT. 4. The ENTITY shall submit quarterly financial reports to the DISTRICT providing a detailed accounting of all expenditures incurred hereunder throughout the term of this AGREEMENT. The ENTITY shall report and document the amount of funds expended per month during ,the quarterly reporting period and the AGREEMENT expenditures to date within the maximum not -to- exceed AGREEMENT funding limitation. 5. The ENTITY shall cost share in the total amount of Two Million Four Hundred Seventy -seven Thousand Three Hundred Twenty-one Dollars and No Cents ($2,477,321.00) in conformity with the laws and regulations governing the ENTITY. 6. All work to be performed under this AGREEMENT is set forth in Exhibit "A ", Statement of Work, which is attached hereto and made a part of this AGREEMENT. The ENTITY shall submit quarterly progress reports detailing the status of work to date for each task. The work specified in Exhibit "A" shall be under the direction of the ENTITY but shall be open to periodic review and inspection by either party. No work set forth in Exhibit "A" shall be performed beyond the expiration date unless authorized through execution of an amendment to cover succeeding periods. 7. The ENTITY is hereby authorized to contract with third parties (subcontracts) for services awarded through a competitive process required by Florida Statutes. The ENTITY shall not subcontract, assign or transfer any other work under this AGREEMENT without the prior written consent of the DISTRICT's Project Manager. The ENTITY agrees to be responsible for the fulfillment of all work elements included in any subcontract and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the ENTITY that the DISTRICT shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract(s). 8. Both the DISTRICT and the ENTITY shall have joint ownership rights to all work items, including but not limited to, all documents, technical reports, research notes, scientific data, computer programs, including the source and object code, which are developed, created or otherwise originated hereunder by the other party, its subcontractor(s), assign(s), agent(s) and/or successor(s) as required by the Exhibit "A ", Statement of Work. Both parties' rights to deliverables received under this AGREEMENT shall include the unrestricted and perpetual right to use, reproduce, modify and distribute such deliverables at no additional cost to the other party. Notwithstanding the foregoing, ownership of all equipment and hardware purchased by the ENTITY under this AGREEMENT shall be deemed to be the property of the ENTITY upon completion of this AGREEMENT. The ENTITY shall retain all ownership to tangible property. The ENTITY, to the extent permitted by law, assumes any and all risks of personal injury, bodily injury and property damage attributable to negligent acts or omissions of the ENTITY and the officers, employees, servants and agents thereof. The ENTITY represents that it is self - funded for Worker's Compensation and liability insurance, covering bodily injury, personal injury and property damage, with such protection being applicable to the ENTITY, its officers and employees while acting within the scope of their employment during performance of this AGREEMENT. In the event that the ENTITY subcontracts any part or all of the work hereunder to any third party, the ENTITY shall require each and every subcontractor to identify the DISTRICT as an additional insured on all insurance policies as required by the ENTITY. Any contract awarded by the ENTITY shall include a provision whereby the ENTITY's subcontractor agrees to indemnify, pay on behalf, and hold the DISTRICT harmless from all damages arising in connection with the ENTITY's subcontract. 10. The ENTITY and the DISTRICT further agree that nothing contained herein shall be construed or interpreted as (1) denying to either party any remedy or defense available to such party under the laws of the State of Florida; (2) the consent of the State of Florida or its agents and agencies to be sued; or (3) a waiver of sovereign immunity of the State of Florida beyond the waiver provided in Section 768.28, Florida Statutes. Agreement No. OT060134, Page 2 of 5 Agenda Item No. 1604 December 13, 2005 Page 15 of 20 11. The parties to this AGREEMENT are independent entities and are not employees or agents of the other parties. Nothing in this AGREEMENT shall be interpreted to establish any relationship other than that of independent entities, between the DISTRICT, the ENTITY, their employees, agents, subcontractors or assigns, during or after the term of this AGREEMENT. The parties to this AGREEMENT shall not assign, delegate or otherwise transfer their rights and obligations as set forth in this AGREEMENT without the prior written consent of the other parties. Any attempted assignment in violation of this provision shall be void. 12. The parties to this AGREEMENT assure that no person shall be excluded on the grounds of race, color, creed, national origin, handicap, age or sex, from participation in, denied the benefits of, or be otherwise subjected to discrimination in any activity under this AGREEMENT. 13. The ENTITY, its employees, subcontractors or assigns, shall comply with all applicable federal, state and local laws and regulations relating to the performance of this AGREEMENT. The DISTRICT undertakes no duty to ensure such compliance, but will attempt to advise the ENTITY, upon request, as to any such laws of which it has present knowledge. 14. Either party may terminate this AGREEMENT at any time for convenience upon thirty (30) calendar days prior written notice to the other party. In the event of termination, all funds not expended by the ENTITY for authorized work performed through the termination date shall be returned to the DISTRICT within sixty (60) days of termination. 15. The ENTITY shall allow public access to all project documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. Should the ENTITY assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the ENTITY. 16. The ENTITY shall maintain records and the DISTRICT shall have inspection and audit rights below. The ENTITY shall similarly require each subcontractor to maintain and allow access to such records for audit purposes: A. Maintenance of Records: The ENTITY shall maintain all financial and non - financial records and reports directly or indirectly related to the negotiation or performance of this AGREEMENT including supporting documentation for any service rates, expenses, research or reports. Such records shall be maintained and made available for inspection for a period of five (5) years from the expiration date of this AGREEMENT. B. Examination of Records: The DISTRICT or designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this AGREEMENT. Such examination may be made only within five (5) years from the expiration date of this AGREEMENT. C. Extended Availability of Records for Legal Disputes: In the event that the DISTRICT should become involved in a legal dispute with a third party arising from performance under this AGREEMENT, the ENTITY shall extend the period of maintenance for all records relating to the AGREEMENT until the final disposition of the legal dispute. All such records shall be made readily available to the DISTRICT. 17. Whenever the DISTRICT's contribution includes state or federal appropriated funds, the ENTITY shall, in addition to the inspection and audit rights set forth in paragraph #16 above, maintain records and similarly require each subcontractor to maintain and allow access to such records in compliance with the requirements of the Florida State Single Audit Act and the Federal Single Audit Act, as follows: A. Maintenance of Records: The DISTRICT shall provide the necessary information to the ENTITY as set forth in Exhibit "C ". The ENTITY shall maintain all financial/non-financial records through: (1) Identification of the state or federal awarding agency, as applicable (2) Project identification information included in the Catalog of State Financial Assistance (CSFA) or the Catalog of Federal Financial Assistance (CFDA), as applicable Agreement No. OT060134, Page 3 of 5 Agenda Item No. 16C4 December 13, 2005 Page 16 of 20 (3) Audit and accountability requirements for state projects as stated in the Single Audit Act and applicable rules of the Executive Office of Governor, rules of the Chief Financial Officer and rules of the Auditor General and the State Projects Compliance Supplement (4) Audittaccountability requirements for federal projects as imposed by federal laws and regulations (5) Submission of the applicable single audit report to the DISTRICT, as completed per fiscal year B. Examination of Records: The DISTRICT or designated agent, the state awarding agency, the state's Chief Financial Officer and the state's Auditor General and/or federal awarding agency shall have the right to examine the ENTITY'S financial and non - financial records to the extent necessary to monitor the ENTITY's use of state or federal financial assistance and to determine whether timely and appropriate corrective actions have been taken with respect to audit findings and recommendations which may include onsite visits and limited scope audits. 18. All notices or other communication regarding this AGREEMENT shall be in writing and forwarded to the attention of the following individuals: South Florida Water Management District Collier County Water Sewer District Attn: Maximo Guerra, Project Manager Attn: Phil Gramatges, Project Manager Telephone No. (239) 597 -1505 ext. 7612 Telephone No. (239) 530 -5378 Attn: Bernadette Harrison, Contract Specialist Address: Telephone No. (561) 682 -6378 3301 E. Tamiami Trail, Bldg. H Naples, FL 34112 Address: P.O. Box 24680 3301 Gun Club Road West Palm Beach, FL 334164680 19. ENTITY recognizes that any representations, statements or negotiations made by DISTRICT staff do not suffice to legally bind DISTRICT in a contractual relationship unless they have been reduced to writing and signed by an authorized DISTRICT representative. This AGREEMENT shall inure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. 20. This AGREEMENT may be amended, extended or renewed only with the written approval of the parties. The DISTRICT shall be responsible for initiating any amendments to this AGREEMENT, if required. 21. This AGREEMENT, and any work performed hereunder, is subject to the Laws of the State of Florida. Nothing in this AGREEMENT will bind any of the parties to perform beyond their respective authority, nor does this AGREEMENT alter the legal rights and remedies which the respective parties would otherwise have, under law or at equity. 22. Should any term or provision of this AGREEMENT be held, to any extent, invalid or unenforceable, as against any person, ENTITY or circumstance during the term hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this AGREEMENT, to the extent that the AGREEMENT shall remain operable, enforceable and in full force and effect to the extent permitted by law. 23. Failures or waivers to insist on strict performance of any covenant, condition, or provision of this AGREEMENT by the parties shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other party from performing any subsequent obligations strictly in accordance with the terns of this AGREEMENT. No waiver shall be effective unless in writing and signed by the party against whom enforcement is sought. Such waiver shall be limited to provisions of this AGREEMENT specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. 24. Any dispute arising under this AGREEMENT which cannot be readily resolved shall be submitted jointly to the signatories of this AGREEMENT with each party agreeing to seek in good faith to resolve the issue through negotiation or other forms of non - binding alternative dispute resolution mutually acceptable to the parties. A joint decision of the signatories, or their designees, shall be the disposition of such dispute. Agreement No. OT060134, Page 4 of 5 Agenda Item No. 16C4 December 13, 2005 Page 17 of 20 25. This AGREEMENT states the entire understanding and agreement between the parties and supersedes any and all written or oral representations, statements, negotiations, or agreements previously existing between the parties with respect to the subject matter of this AGREEMENT. 26. Any inconsistency in this AGREEMENT shall be resolved by giving precedence in the following order: (a) Terms and Conditions outlined in preceding paragraphs 1— 24 (b) Exhibit "A" Statement of Work (c) all other exhibits, attachments and documents specifically incorporated herein by reference IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute this AGREEMENT on the date first written above. SOUTH FLORIDA WATER MANAGEMENT DISTRICT BY ITS GOVERNING BOARD By: Frank Hayden, Procurement Director SFWMD PROCUREMENT APPROVED By Date: V COLLIER COUNTY WATERISEWER DISTRICT Lin Title: Agreement No. OT060134, Page 5 of 5 Agenda Item No. 16C4 December 13, 2005 Page 18 of 20 Exhibit "A" Statement of Work South County Regional Water Treatment Plant 20 -MGD Wellfield Expansion A. Introduction 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 provided to meet demand needs. The construction of the 8 million gallons per day (MGD) South County Regional Water Treatment Plant ( SCRWTP) reverse osmosis (RO) facility was completed in 2004. To meet the projected increase in potable water demand, the SCRWTP RO treatment capacity will be expanded by an additional 12 MGD (to 20 MGD). The purpose of the SCRWTP Wellfield Expansion project is to provide a reliable raw water supply for the reverse osmosis expansion of the SCRWTP. This Statement of Work is for Task 3, Construction Phase 1 (Well Drilling). B. Objectives The expansion of the wellfield will be designed to provide an additional yield of 12 MGD of finished water, for a total of 20 MGD. C. Scope of Work Twenty-three (23) well sites have been identified south of the SCRWTP site for the 12 MGD expansion. The twenty -three (23) new wells will draw water from the Hawthorn Zone 1 Aquifer, an alternative water source. Collier County is requesting $987,679 as partial funding for the construction of 23 Hawthorn Zone 1 wells adjacent to the SCRWTP. D. Work Breakdown Structure The major Tasks of the projects are: 1 Engineering Design 2 Construction Management 3 Construction Phase 1 (Well Drilling) 4 Construction Phase 2A (Wellfield Construction — Northern Wells) 5 Construction Phase 2B (Wellfield Construction — Southern Wells) Exhibit "A" to Agreement No. OT060134, Page 1 of 2 E. Summary Schedule of Task and Deliverables Task Deliverable Cost SFWMD Address 3301 East Tamiami Trail, Bldg H Naples, Florida 34112 Share 1 Complete Engineering Design $1,200,000 239 530 -5378 2 Construction Management $2,600,000 3 Construction Phase 1 $3,465,000 $987,679 (Well Drilling) 4 Construction Phase 2A $10,780,000 (Welifield Construction — Northern Wells) 5 Construction Phase 2B $12,100,000 (Wellfield Construction — Southern Wells) Total SFWMD Share $987,679 F. Contact information Agenda Item No. 16C4 December 13, 2005 Page 19 of 20 Date 10/05 01/06 — 07/07 01/06 — 09/06 05/06 — 12/06 12/06 — 07/07 Collier County Project Manager Name Mr. Phil Gramat es Address 3301 East Tamiami Trail, Bldg H Naples, Florida 34112 Phone 239 774 -8836 Fax 239 530 -5378 Email PhiIG ra matges@ collier ov.net Exhibit "A" to Agreement No. OT060134, Page 2 of 2 Agenda Item No. 1604 December 13, 2005 Page 20 of 20 EXHIBIT "B" PAYMENT AND DELIVERABLE SCHEDULE South County Regional Water Treatment Plant (SCRWTP) Expansion Project Total payment by the District to the Entity shall not exceed the amount of $987,679.00. All invoices shall be accompanied by adequate documentation to support actual expenditures incurred by the Entity within the not -to- exceed amount specified below in accordance with Article 3 of the Agreement. Payment by the District is further subject to receipt of quarterly progress reports from the Entity with documentation to demonstrate completion of each project task. The Entity is responsible for reviewing and approving deliverables to ensure that project objectives are met. The Entity is also responsible for project management, budget management and quality control. Task Deliverable Due Date* District Payment 1 Complete Engineering Design 10/05 N/A 2 Construction Management 01/06 — 07/07 N/A 3 Construction Phase 1 Well Drillin 01/06 — 09/06 $987,679.00 4 Construction Phase 2A Wellfield Construction — Northern Wells 05/06 —12/06 N/A 5 Construction Phase 213 Wellfield Construction — Southern Wells 12/06 — 07/07 N/A Total Not -to- Exceed Payment $987,679.00 * All dates are estimates and are referenced from the date of contract execution. Exhibit `B" to Agreement No. OT060134, Page 1 of I Agenda Item No. 16C5 December 13, 2005 Page 1 of 13 Executive Summary Recommendation to approve the South Florida Water Management District Local Governmental Agreement No. OT060135 in the amount of $1,600,000 as partial funding for construction of the South County Regional Water Treatment Plant 12 -MGD Reverse Osmosis Expansion, Project Number 700971. OBJECTIVE: To receive Board approval of the South Florida Water Management District Local Governmental Agreement No. OT060135 to provide partial funding for construction of the South County Regional Water Treatment Plant 12 -MGD RO Expansion. CONSIDERATIONS: On July 26, 2005, the Board approved submittal of a grant application to the Big Cypress Basin /South Florida Water Management District (BCB /SFWMD) for funds to offset the cost for the construction of the South County Regional Water Treatment Plant 12- MGD RO Expansion project. Funds in the amount of $3,187,679 were allocated to Collier County for this year's allocation of grants from SFWMD with $1,600,000 towards this project. The public purpose of this project is to provide for the needs of additional water supply, fueled by an extremely high rate of growth. Collier County now moves 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 provided to meet demand needs. --- The Collier County South County Regional Water Treatment Plant (SCRWTP) contains an existing 12 -MGD Lime Softening (LS) plant and an 8 -MGD Reverse Osmosis (RO) plant. The project being considered under this application will expand the reverse osmosis treatment capacity from 8 -MGD to 20 -MGD. Raw water to the SCRWTP 12 -MGD RO Expansion will be provided by brackish water wells supplied by Hawthorn Zone 1 aquifer. The Phase 1 Southern RO Wellfield has been constructed and serves the initial SCRWTP 8 -MGD RO Facility. The Phase II Southern RO Wellfield is currently under design and will consist of 23 new wells that will draw water from the Hawthorn Zone 1 Aquifer, an alternative water source. The 23 new wells will provide the required raw water for treatment by the 12 -MGD RO Expansion. The Purchasing Department, the County Attorney's Office, and the County Clerk's Finance and Accounting Division have reviewed the information contained in this Executive Summary and all the attachments. FISCAL IMPACT: The total project cost is $25,000,000 and the grant funding is $1,600,000. The matching funds are available in the FY 06 Capital Budget approved by the Board of County Commissioners on September 22, 2005. Current appropriations for the total project cost are identified in the Water Impact Fee Fund (411), South County Water Treatment Plant 12 -MGD RO Expansion Project (700971). Approval of a budget amendment is requested whereby the additional revenue will be recognized. Upon receipt, the additional revenue will be placed in the Grant Proceeds Account of Fund (411). The source of funds is Water Impact Fees. Agenda Item No. 1605 December 13, 2005 Page 2 of 13 GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. The project supports the 2003 Wastewater Master Plan Update adopted by the Board of County Commissioners as Agenda Item l OC on May 25, 2004. RECOMMENDATION: That the Board of County Commissioners, Ex -officio the Governing Board of the Collier County Water -Sewer District: 1. Approve the attached South Florida Water Management District Agreement No. OT060135 to provide partial funding for construction of the South County Regional Water Treatment Plant 12 -MGD RO Expansion. 2. Approve any necessary budget amendments. 3. Authorize the Chairman of the Board of County Commissioners to execute the Agreement after approval by the County Attorney's Office. PREPARED BY: Richard Cannyn, Project Manager, Public Utilities Engineering Department 1q Agenda Item No. 1605 December 13. 2005 Page 3 of 13 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. 16C5 Item summary: Recommendation to approve the South Florida Water Management District Local Governmental Agreement No. 67060135 in the amount of $1,600,000 as partial funding for construction of the South County Regional WaterTreatment Plant 12 -MGD Reverse Osmosis Expansion. Project Number 700971. Meeting Date: 12113!2005 9:00:00 AM Prepared By Richard Cannyn Protect Manager Dab Public Utilities Public Utilities Engineering 11MV2006 2:37:24 PM Approved By Marione J. Foord Grants Coordinator Date Administrative Services Administrative Services Admin. 1 V22r20051:35 PM Approved By William D. Mullin. PE Principal Project Manager Dare Public Utilities Public Utilities Engineering 11122120054:31 PM Approved By Paul Mattausch Water Director Data Public Utilities Water 11123120059:18 AM Approved By Roy B. Anderson, P.E. Public Utilities Engineering Director Data Public Utilities Public Utilities Engineering 11128/20054:59 AM Approved By Thomas Wide. Operations Director Data Public Utilities Public Utilities Operations 11alli20061:15 PM Approved By James W. Delony Public Utilities Administrator bete Public Utilities Public Utilities Administration 11129/2005 9:28 AM tea.. Approved By OMB Coordinator Administrative Assistant Data County Manager's Office Office of Managemem b Budget 111291200511:15 AM Approved By Susan Usher Senior ManagemenVBudget Analyst Date County Manager's Office Office of Management & Budget 121612005 9:01 AM Approved By Michael SrnykaWski Management & Budget Director Date County Manager's Office Office of Management: Budget 121 &2005 9:20 AM Approved By James V.Mudd County Manager Dole Board of County County Manager's Office 12512005 4:28 PM Commissioners VaP�ER �"9C Agenda Item No. 16C5 December 13, 2005 Page 4 of 13 SOUTH FLORIDA WATER MANAGEMENT DISTRICT 3301 Gun Club Road, West Palm Beach, Florida 33406 • (561) 686 -8800 • FL WA 1 -4 2 TDD (561) b97- -2574 w Mailing Address: P.O. Box 24680, West Palm Beach, FL 33416 -4680 • wwsfwm .gbv . November 22, 2005 Mr. Phil Gramatges Collier County Water /Sewer District 3301 E Tamiami Trail Building H Naples, FL 34112 Dear Mr. Gramatges: Subject: Contract # OT060135 REVERSE OSMOSIS EXPANSION "'NOV 28 Pik t2. U1 Please find enclosed two (2) copies of the subject document. Please have them signed by an individual with signature authority on behalf of your organization. Please' Please returr> my attention, along with, if applicable and not previously submitted, a Certificate of Insurance reflecting the required coverage(s) °`. a., a fully signed document will be returned to you upon execu ion by Fie youth Florida Water Management District (District). Note that this document is not binding on the parties until it is approved by the appropriate level of authority within the District and executed by both parties. Your cooperation and timely response will be greatly appreciated. Should there be any questions, or if you require any additional information, please contact me. Sincerely, Bernadette Harrison Contract Specialist Procurement Department bharriso @sfwmd.gov (561) 682 -6378 FAX: (561) 681 -6275 BH /sm Enclosure c: Max Guerra, MSC 6862 GOVERNING BOARD EXECUTIVE OFFICE Kevin McCarty, CILair Alice J. Carlson Lennart E. Lindahl, P.E. Carol Ann Wehle, Executive Director Irela M. Bague, Vim -Chair Michael Collins Harkley R. Thornton Pamela Brooks - Thomas Nicolas J. Gutierrez, Jr., Esq. Malcolm S. Wade, Jr. Agenda Item No. 16C5 December 13, 2005 Page 5 of 13 - ORIGINAL SOUTH FLORIDA WATER MANAGEMENT DISTRICT LOCAL GOVERNMENTAL AGREEMENT AGREEMENT NO. OT060135 BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT Kym COLLIER COUNTY WATERISEWER DISTRICT THIS AGREEMENT is entered into as of by and between the South Florida Water Management District (DISTRICT) and the Collier County Water /Sewer District (ENTITY). WHEREAS, the DISTRICT is a public corporation of the State of Florida, created by the Florida Legislature and given those powers and responsibilities enumerated in Chapter 373, Florida Statutes, to include entering into contracts with public agencies, private corporations or other persons; and WHEREAS, the DISTRICT desires to provide financial assistance to the ENTITY for the South County Regional Water Treatment Plant (SCRWTP) reverse osmosis expansion; and WHEREAS, the ENTITY warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms and conditions of this AGREEMENT; and WHEREAS, the Governing Board of the District at its January 11, 2006 meeting approved entering into this AGREEMENT with the ENTITY; NOW, THEREFORE, in consideration of the covenants and representations set forth herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. The DISTRICT agrees to contribute fiords and the ENTITY agrees to perform the work set forth in Exhibit "A" attached hereto and made a part hereof, subject to availability of funds and in accordance with their respective authorities to expand the reverse osmosis treatment plant capacity from 8 MGD to 20 MGD at the South County Regional Water Treatment Plant. 2. The period of performance of this AGREEMENT shall commence on the date of execution of this AGREEMENT and shall continue for a period of one (1) year. 3. The total DISTRICT contribution shall not exceed the amount of One Million Six Hundred Thousand Dollars and No Cents ($1,600,000.00). The DISTRICT will provide the full amount based on the Payment and Deliverable Schedule set forth in Exhibit `B ", which is attached hereto and made a part of this AGREEMENT. The DISTRICT's contribution is subject to adequate documentation to support actual expenditures within the not -to- exceed AGREEMENT funding limitation of $1,600,000.00. In no event shall the DISTRICT be liable for any contribution hereunder in excess of this amount. If the total consideration for this AGREEMENT is subject to multi-year funding allocations, funding for each applicable fiscal year of this AGREEMENT will be subject to Governing Board budgetary appropriation. Agreement No. OT060135, Page 1 of 5 Agenda Item No. 1505 December 13, 2005 In the event the DISTRICT does not approve funding for any subsequent fiscal year, this AGREEl�� of 13 shall terminate upon expenditure of the current funding, notwithstanding other provisions in this AGREEMENT to the contrary. The DISTRICT will notify the ENTITY in writing after the adoption of the final DISTRICT budget for each subsequent fiscal year if funding is not approved for this AGREEMENT. 4. The ENTITY shall submit quarterly financial reports to the DISTRICT providing a detailed accounting of all expenditures incurred hereunder throughout the term of this AGREEMENT. The ENTITY shall report and document the amount of funds expended per month during the quarterly reporting period and the AGREEMENT expenditures to date within the maximum not -to- exceed AGREEMENT funding limitation. 5. The ENTITY shall cost share in the total amount of Nineteen Million Three Hundred Eighty -eight Thousand Four Hundred Fifty -three Dollars and No Cents ($19,388,453.00) in conformity with the laws and regulations governing the ENTITY. 6. All work to be performed under this AGREEMENT is set forth in Exhibit "A ", Statement of Work, which is attached hereto and made a part of this AGREEMENT. The ENTITY shall submit quarterly progress reports detailing the status of work to date for each task. The work specified in Exhibit "A" shall be under the direction of the ENTITY but shall be open to periodic review and inspection by either party. No work set forth in Exhibit "A" shall be performed beyond the expiration date unless authorized through execution of an amendment to cover succeeding periods. 7. The ENTITY is hereby authorized to contract with third parties (subcontracts) for services awarded through a competitive process required by Florida Statutes. The ENTITY shall not subcontract, assign or transfer any other work under this AGREEMENT without the prior written consent of the DISTRICT'S Project Manager. The ENTITY agrees to be responsible for the fulfillment of all work elements included in any subcontract and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the ENTITY that the DISTRICT shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract(s). Both the DISTRICT and the ENTITY shall have joint ownership rights to all work items, including but not limited to, all documents, technical reports, research notes, scientific data, computer programs, including the source and object code, which are developed, created or otherwise originated hereunder by the other party, its subcontractor(s), assign(s), agents) and/or successor(s) as required by the Exhibit "A ", Statement of Work. Both parties' rights to deliverables received under this AGREEMENT shall include the unrestricted and perpetual right to ust, reproduce, modify and distribute such deliverables at no additional cost to the other party. Notwithstanding the foregoing, ownership of all equipment and hardware purchased by the ENTITY under this AGREEMENT shall be deemed to be the property of the ENTITY upon completion of this AGREEMENT. The ENTITY shall retain all ownership to tangible property. 9. The ENTITY, to the extent permitted by law, assumes any and all risks of personal injury, bodily injury and property damage attributable to negligent acts or omissions of the ENTITY and the officers, employees, servants and agents thereof. The ENTITY represents that it is self - funded for Worker's Compensation and liability insurance, covering bodily injury, personal injury and property damage, with such protection being applicable to the ENTITY, its officers and employees while acting within the scope of their employment during performance of this AGREEMENT. In the event that the ENTITY subcontracts any part or all of the work hereunder to any third party, the ENTITY shall require each and every subcontractor to identify the DISTRICT as an additional insured on all insurance policies as required by the ENTITY. Any contract awarded by the ENTITY shall include a provision whereby the ENTITY's subcontractor agrees to indemnify, pay on behalf, and hold the DISTRICT harmless from all damages arising in connection with the ENTITY's subcontract. 10. The ENTITY and the DISTRICT further agree that nothing contained herein shall be construed or interpreted as (1) denying to either party any remedy or defense available to such party under the laws of the State of Florida; (2) the consent of the State of Florida or its agents and agencies to be sued; or (3) a waiver of sovereign immunity of the State of Florida beyond the waiver provided in Section 768.28, Florida Statutes. Agreement No. OT060135, Page 2 of 5 Agenda Item No. 16C5 December 13, 2005 Page 7 of 13 11. The parties to this AGREEMENT are independent entities and are not employees or agents of the other parties. Nothing in this AGREEMENT shall be interpreted to establish any relationship other than that of independent entities, between the DISTRICT, the ENTITY, their employees, agents, subcontractors or assigns, during or after the term of this AGREEMENT. The parties to this AGREEMENT shall not assign, delegate or otherwise transfer their rights and obligations as set forth in this AGREEMENT without the prior written consent of the other patties. Any attempted assignment in violation of this provision shall be void. 12. The parties to this AGREEMENT assure that no person shall be excluded on the grounds of race, color, creed, national origin, handicap, age or sex, from participation in, denied the benefits of, or be otherwise subjected to discrimination in any activity under this AGREEMENT. 13. The ENTITY, its employees, subcontractors or assigns, shall comply with all applicable federal, state and local laws and regulations relating to the performance of this AGREEMENT. The DISTRICT undertakes no duty to ensure such compliance, but will attempt to advise the ENTITY, upon request, as to any such laws of which it has present knowledge. 14. Either party may terminate this AGREEMENT at any time for convenience upon thirty (30) calendar days prior written notice to the other party. In the event of termination, all funds not expended by the ENTITY for authorized work performed through the termination date shall be returned to the DISTRICT within sixty (60) days of termination. 15. The ENTITY shall allow public access to all project documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. Should the ENTITY assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the ENTITY. 16. The ENTITY shall maintain records and the DISTRICT shall have inspection and audit rights below. The ENTITY shall similarly require each subcontractor to maintain and allow access to such records for audit purposes: A. Maintenance of Records: The ENTITY shall maintain all financial and non - financial records and reports directly or indirectly related to the negotiation or performance of this AGREEMENT including supporting documentation for any service rates, expenses, research or reports. Such records shall be maintained and made available for inspection for a period of five (5) years from the expiration date of this AGREEMENT. B. Examination of Records: The DISTRICT or designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this AGREEMENT. Such examination may be made only within five (5) years from the expiration date of this AGREEMENT. C. Extended Availability of Records for Legal Disputes: In the event that the DISTRICT should become involved in a legal dispute with a third party arising from performance under this AGREEMENT, the ENTITY shall extend the period of maintenance for all records relating to the AGREEMENT until the final disposition of the legal dispute. All such records shall be made readily available to the DISTRICT. 17. Whenever the DISTRICT's contribution includes state or federal appropriated funds, the ENTITY shall, in addition to the inspection and audit rights set forth in paragraph #16 above, maintain records and similarly require each subcontractor to maintain and allow access to such records in compliance with the requirements of the Florida State Single Audit Act and the Federal Single Audit Act, as follows: A. Maintenance of Records: The DISTRICT shall provide the necessary information to the ENTITY as set forth in Exhibit "C ". The ENTITY shall maintain all fmancial/non- financial records through: (1) Identification of the state or federal awarding agency, as applicable (2) Project identification information included in the Catalog of State Financial Assistance (CSFA) or the Catalog of Federal Financial Assistance (CFDA), as applicable Agreement No. OT060135, Page 3 of 5 Agenda Item No. 16C5 December 13, 2005 (3) Audit and accountability requirements for state projects as stated in the Single Audit Act and age 8 of 13 applicable rules of the Executive Office of Governor, rules of the Chief Financial Officer and rules of the Auditor General and the State Projects Compliance Supplement (4) Audit/accountability requirements for federal projects as imposed by federal laws and regulations (5) Submission of the applicable single audit report to the DISTRICT, as completed per fiscal year B. Examination of Records: The DISTRICT or designated agent, the state awarding agency, the state's Chief Financial Officer and the state's Auditor General and/or federal awarding agency shall have the right to examine the ENTITY's financial and non - financial records to the extent necessary to monitor the ENTITY's use of state or federal financial assistance and to determine whether timely and appropriate corrective actions have been taken with respect to audit findings and recommendations which may include onsite visits and limited scope audits. 18. All notices or other communication regarding this AGREEMENT shall be in writing and forwarded to the attention of the following individuals: South Florida Water Management District Collier County Water Sewer District Attn: Maximo Guerra, Project Manager Attn: Phil Gramatges, Project Manager Telephone No. (239) 597 -1505 ext. 7612 Telephone No. (239) 774 -8836 Attn: Bernadette Harrison, Contract Specialist Address: Telephone No. (561) 682 -6378 3301 E. Tamiami Trail, Bldg. H Naples, FL 34112 Address: P.O. Box 24680 3301 Gun Club Road West Palm Beach, FL 33416 -4680 19. ENTITY recognizes that any representations, statements or negotiations made by DISTRICT staff do not suffice to legally bind DISTRICT in a contractual relationship unless they have been reduced to writing and signed by an authorized DISTRICT representative. This AGREEMENT shall inure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest 20. This AGREEMENT may be amended, extended or renewed only with the written approval of the parties. The DISTRICT shall be responsible for initiating any amendments to this AGREEMENT, if required. 21. This AGREEMENT, and any work performed hereunder, is subject to the Laws of the State of Florida. Nothing in this AGREEMENT will bind any of the parties to perform beyond their respective authority, nor does this AGREEMENT alter the legal rights and remedies which the respective parties would otherwise have, under law or at equity. 22. Should any term or provision of this AGREEMENT be held, to any extent, invalid or unenforceable, as against any person, ENTITY or circumstance during the term hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this AGREEMENT, to the extent that the AGREEMENT shall remain operable, enforceable and in full force and effect to the extent permitted by law. 23. Failures or waivers to insist on strict performance of any covenant, condition, or provision of this AGREEMENT by the parties shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other party from performing any subsequent obligations strictly in accordance with the terns of this AGREEMENT. No waiver shall be effective unless in writing and signed by the party against whom enforcement is sought Such waiver shall be limited to provisions of this AGREEMENT specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. 24. Any dispute arising under this AGREEMENT which cannot be readily resolved shall be submitted jointly to the signatories of this AGREEMENT with each party agreeing to seek in good faith to resolve the issue through negotiation or other forms of non - binding alternative dispute resolution mutually acceptable to the parties. A joint decision of the signatories, or their designees, shall be the disposition of such dispute. Agreement No. OT060135, Page 4 of 5 Agenda Item No. 16C5 December 13, 2005 Page 9 of 13 25. This AGREEMENT states the entire understanding and agreement between the parties and supersedes any and all written or oral representations, statements, negotiations, or agreements previously existing between the parties with respect to the subject matter of this AGREEMENT. 26. Any inconsistency in this AGREEMENT shall be resolved by giving precedence in the following order. (a) Terms and Conditions outlined in preceding paragraphs 1— 24 (b) Exhibit "A" Statement of Work (c) all other exhibits, attachments and documents specifically incorporated herein by reference IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute this AGREEMENT on the date first written above. SOUTH FLORIDA WATER MANAGEMENT DISTRICT BY ITS GOVERNING BOARD By: SFWMD PROCUREMENT APPROVED Frank Hayden, Procurement Director By: .¢.t 4-e AJ Date: COLLIER COUNTY WATER/SEWER DISTRICT By. �- Title: Agreement No. OT060135, Page 5 of 5 Exhibit "A" Statement of Work South County Regional Water Treatment Plant ( SCRWTP) 12 -MGD Reverse Osmosis Expansion Collier County Public Utilities A. Introduction Agenda Item No. 16C5 December 13, 2005 Page 10 of 13 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 provided to meet future demands. B. Objective The Collier County South County Regional Water Treatment Plant ( SCRWTP) contains an existing 12 -MGD Lime Softening (LS) plant and an 8 -MGD Reverse Osmosis (RO) plant. The project being considered under this application will expand the reverse osmosis treatment capacity from 8 MGD to 20 MGD. C. Scope of Work The reverse osmosis expansion of the SCRWTP consists of the following major components excluding the wellfield, which is covered under another request: ■ Six (6) new 2 -MGD Reverse Osmosis (RO) Treatment Skids, including dedicated RO Membrane Feed Pumps and RO Membrane Interstage Booster Pumps. ■ Four (4) new horizontal cartridge filters for pretreatment of raw water upstream of the RO treatment skids. ■ Two (2) Degasifier systems for post- treatment of additional RO treated water. ■ New transfer pump at existing blend /transfer facility to meet increase in RO treated water. ■ Construction of new High Service Pump Station No. 2, to meet increase in RO treated water. Exhibit "A" to Agreement No. OT060135, Page 1 of 3 Agenda Item No. 16C5 December 13, 2005 Page 11 of 13 ■ Expansion of RO Facility electrical power system including addition of switchgear and emergency generators. ■ Expansion of the Instrumentation, Telemetry and Control System at the RO Facility to serve new RO process equipment. Raw water to the SCRWTP 12 -MGD RO Expansion will be provided by brackish water wells supplied by Hawthorn Zone 1 aquifer. The Phase 1 Southern RO Wellfieid has been constructed and serves the initial SCRWTP 8 -MGD RO Facility. The Phase it Southern RO Wellfield is currently under design and will consist of 23 news wells that will draw water from the Hawthorn Zone 1 Aquifer, an alternative water source. The 23 new wells will provide the required raw water for treatment by the 12 -MGD RO Expansion. Collier County is requesting $1,600,000 as partial funding for the construction of the reverse osmosis expansion of the SCRWTP. D. Work Breakdown Structure The major tasks of the project are: 1. Engineering Design 2. Civil, Demo, Paving & Grading, Yard Piping 3. R.O. Pretreatment 4. R.O. Process Facility 5. Degasifiers & Odor Control 6. Transfer Pump at Blend Tank 7. Chemical Area Electrical Building 8. High Service Pump Station No. 2 9. LSP Electrical Building 10. Division 16 - Electrical per RKS 11. Division 17 - Instrumentation Exhibit "A" to Agreement No. OT060135, Page 2 of 3 E. Summary Schedule of Task and Deliverables Task 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Agenda Item No. 16C5 December 13, 2005 Page 12 of 13 SFWMD Due Description Cost Share Date Complete Engineering Design Previously Completed Civil, Demo, Paving & Grading, $648,067 $648,067 02/06 Yard Piping R.O. Pretreatment (Cartridge Filters) $451,170 $451,170 R.O. Process Facility Degasifiers & Odor Control Transfer Pump at Blend Tank Chemical Area Electrical Building High Service Pump Station No. 2 LSP Electrical Building Division 16 - Electrical per RKS Division 17 — Instrumentation Tot-, F. Contact Information $5,001,169 $4,424,169 $500,763 $153,567 $38,457 $1,534,864 $213,168 $5,723,822 $1,200,000 it SFWMD Share $1,600,000 Collier County Project Manager Name Mr. Phil Gramat es Address 3301 East Tamiami Trail, Bldg H Naples, Florida 34112 Phone 239 774 -8836 Fax 239 530 -5378 Email phi l ramat es collier ov.net 07/06 01/07 09/06 TBD TBD 01/07 12/06 05/07 05/07 Exhibit "A" to Agreement No. OT060135, Page 3 of 3 I Agenda Item No. 16C5 December 13, 2005 Page 13 of 13 Exhibit "B" PAYMENT AND DELIVERABLE SCHEDULE Total payment by the District to the Entity shall not exceed the amount of $1,600,000.00. All invoices shall be accompanied by adequate documentation to support actual expenditures incurred by the Entity within the not -to- exceed amount specified below in accordance with Article 3 of the Agreement. All payments are subject to District fiscal year appropriations. Payment by the District is further subject to receipt of quarterly progress reports from the Entity with documentation to demonstrate completion of each project task. The Entity is responsible for reviewing and approving deliverables to ensure that project objectives are met. The Entity is also responsible for project management, budget management and quality control. Exhibit `B" to Agreement No. OT060135, Page 1 of 1 J v 5 K 6k _ o$'x, Complete 1 Engineering Design Completed N/A N/A Civil, Demo, Paving Completion & Grading, Yard Report and As- 2 Piping Built Drawings 2/06 $648,067 $648,067 Completion R.O. Pretreatment Report and As- a (Cartridge Filters Built Drawings 7106 $451,170 $451,170 4 R.O. Process Facility 1/07 $5,001,169 N/A Completion Degasifiers & Odor Report and As- 5 Control Built Drawings 09 /06 $4,424,169 $500,763 Transfer Pump at 6 Blend Tank TBD $153,567 N/A Chemical Area 7 Electrical Building TBD $38,457 N/A High Service Pump 8 Station No. 2 1/07 $1,534,864 N/A LSP Electrical 12106 N/A 9 Building $213,168 Division 16 - 5/07 N/A 10 Electrical per RKS $5,723,822 Division 17 — 5/07 N/A 11 Instrumentation $1,200,000 ,.i.. x —1--, .;�d. rik-YFv ?xX ~�� �k'i -L .Y ,Pv • sJS. r'4i . ar i _ Y+g _ %��: j'`k fir'' AP >m � S'K»x 8 ', iA 'i tfi# � R 6✓�5+ � �'sfi Exhibit `B" to Agreement No. OT060135, Page 1 of 1 Agenda Item No. 16C6 December 13, 2006 Page 1 of 20 Executive Summa Recommendation to approve the South Florida Water Management District Local Governmental Agreement No. OT060133 in the amount of $500,000.00 as partial funding for the North East Regional Water Treatment Plant 10 -MGD Reverse Osmosis (RO) Construction, Project Number 70902. OBJECTIVE: To receive Board approval of the South Florida Water Management District Local Governmental Agreement No. OT060133 to provide partial funding for North East Regional Water Treatment Plant 10 -MGD RO Construction. CONSIDERATIONS: On July 26, 2005, the Board approved submittal of a grant application to the Big Cypress Basin /South Florida Water Management District (BCB /SFWMD) for funds to offset the cost for the North East Regional Water Treatment Plant Design project. Funds in the amount of $3,187,679 were allocated to Collier County for this year's allocation of grants from BCB /SFWMD with $500,000 towards this project. The public purpose of this project is for the North East Regional Water Treatment Plant 10- MGD RO Construction to address future population growth demands. This project includes the overall site development, planning and construction on a 216 -acre parcel in the Orangetree PUD for a Water Treatment Plant (WTP) and Water Reclamation Facility (WRF). The initial capacity of the RO portion of the WTP is 10 MGD, with provision for a future RO capacity of 20 MGD by the year 2018. The Purchasing Department, the County Attorney's Office, and the County Clerk's Finance and Accounting Division have reviewed the information contained in this Executive Summary and all the attachments. FISCAL IMPACT: This design phase of the project -cost is $12,869,452 and the grant funding is $500,000. The matching funds are available in the FY 06 Capital Budget approved by the Board of County Commissioners on September 22, 2005. Current appropriations for the total project cost are identified in the Water Impact Fee Fund (411), North East Regional Water Treatment Plant 10 -MGD RO Construction Project (70902). Approval of a budget amendment is requested whereby the additional revenue will be recognized. Upon receipt, the additional revenue will be placed in the Grant Proceeds Account of Fund (411). The source of funds is Water Impact Fees. GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. The project supports the 2003 Wastewater Master Plan Update adopted by the Board of County Commissioners as Agenda Item I OC on May 25, 2004. RECOMMENDATION: That the Board of County Commissioners, Ex- officio the Governing Board of the Collier County Water -Sewer District: Agenda Item No. 16C6 December 13, 2005 Page 2 of 20 Approve the attached South Florida Water Management District Agreement No. OT060133 as partial funding for the North East Regional Water Treatment Plant 10- MGD RO Construction project. 2. Approve any necessary budget amendments. 3. Authorize the Chairman of the Board of County Commissioners to execute the Agreement after approval by the County Attorney's Office. PREPARED BY: Richard Cannyn, Project Manager, Public Utilities Engineering Department 2 Agenda Item No. 16C6 December 13. 2005 Page 3 of 20 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. 16C6 Item Summary: Recommendation to approve the South Florida Water Management District Local Governmental Agreement No. OT060133 in the amount of $500.000.00 as partial funding for the Nor€0 East Regional Water Treatment Plant 10 -MGD Reverse Osmosis (RO) Construction, Project Number 70902. Meeting Date: 12113.12005 9:00:00 AM Prepared By Richard Cannyn Project Manager Date Public Utilities Public Utilities Engineering 1111712005 2:47:16 PM Approved By Marie. J. Foord Grants Coordinator Data Administrative Services Administrative Services Admin. it 122!20051:39 PM Approved By William D. Mullin, PE Principal Project Manager Date Public Utilities Public Utilities Engineering 11 !22120054:30 PM Approved By Paul Mattausch Water Diroctor Date Public Utilities Water 11/2312005 9:15 AM Approved By Roy B• Anderson, P.E. Public Utilities Engineering Director Date Public Utilities Public Utilities Engineering 11128(2005 9:09 AM Approved By Thomas Wiides Operations Director Date Public Utilities Public Utilities Operations 11,2012005 5:40 PM Approved By James W. DaLnny Public Utilities Administrator Data Public Utilities Public Utifities Administration 11129120059:29 AM ..r Approved By OMB Coordinator Administrative Assistant Data County Managers Office Office of Management & Budget 111291200511:16 AM Approved By Michael Smyk —ki Management & Budget Director Date County Manager's Office Office of Management & Budget 121212005 3:21 PM Approved By a James V, Mudd County Manager Dace Board of County County Manager °s office 11V312005 12:37 PM • Commissioners Agenda Item No. 1606 December 13, 2005 Page 4 of 20 SOUTH FLORIDA WATER MANAGEMENT DISTRICT 3301 Gun Club Road, West Palm Beach, Florida 33406 - (561) 686 -8800 - FL WATS 1-800-432-204P.- WDE'5vA7 -2574 Mailing Address: P.O. Box 24680, West Palm Beach, FL 334164680 - www.sfwmd.gov '15 NOV 23 AM 8: 53 November 18, 2005 Mr. Harold Huber Collier County Water /Sewer District 3301 East Tamiami Trail Building H Naples, FL 34112 Dear Mr. Huber: Subject: Contract # OT060133 NE REGIONAL WATER TREATMENT PLANT Please find enclosed two (2) copies of the subject document. Please have them signed by an individual with signature authority on behalf of your organization. Please include documentation to demonstrate official delegation of signature authority up to the contract monetary limits. Please return both copies to my attention, along with, if applicable and not previously submitted, a Certificate of Insurance reflecting the required coverage(s). Do not date the documents, a fully signed document will be returned to you upon execution by the South Florida Water Management District (District). Note that this document is not binding on the parties until it is approved by the appropriate level of authority within the District and executed by both parties. Your cooperation and timely response will be greatly appreciated. Should there be any questions, or if you require any additional information, please contact me. Sincerely, Bernadette Harrison Contract Specialist Procurement Department bharriso@sfwmd.gov (561) 682 -6378 FAX: (561) 681 -6275 BH /sm Enclosure c: Maximo Guerra, MSC 6862 GOVERNING BOARD EXEcuuvE OFFICE Kevin McCarty, Chair Alice J. Carlson Lennart E. Lindahl, P.E. Carol Ann Wehle, Cxecative Director Irela M. Bague, Vice -Chair Michael Collins Harkley R. Thornton Pamela Brooks - Thomas Nicolas J. Gutierrez, Jr., Esq. Malcolm S. Wade, Jr. Agenda Item No. 16C6 December 13, 2005 ORIGIN 0 SOUTH FLORIDA WATER MANAGEMENT DISTRICT LOCAL GOVERNMENTAL AGREEMENT AGREEMENT NO. OT060133 BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT I: O11 COLLIER COUNTY WATER/SEWER DISTRICT THIS AGREEMENT is entered into as of by and between the South Florida Water Management District (DISTRICT) and the Collier County Water /Sewer District (ENTITY). WHEREAS, the DISTRICT is a public corporation of the State of Florida, created by the Florida Legislature and given those powers and responsibilities enumerated in Chapter 373, Florida Statutes, to include entering into contracts with public agencies, private corporations or other persons; and WHEREAS, the DISTRICT desires to provide financial assistance to the ENTITY for the development of the North East Regional Water Treatment Plant; and WHEREAS, the ENTITY warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms and conditions of this AGREEMENT; and WHEREAS, the Governing Board of the District at its December 14, 2005 meeting approved entering into this AGREEMENT with the ENTITY; NOW, THEREFORE, in consideration of the covenants and representations set forth herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. The DISTRICT agrees to contribute funds and the ENTITY agrees to perform the work set forth in Exhibit "A" attached hereto and trade a part hereof, subject to availability of funds and in accordance with their respective authorities to design an additional new water supply and water treatment plant (WT?) in the northeast area of the County. 2. The period of performance of this AGREEMENT shall commence on the date of execution of this AGREEMENT and shall continue for a period of one (1) year. 3. The total DISTRICT contribution shall not exceed the amount of Five Hundred Thousand Dollars and No Cents ($500,000.00). The DISTRICT will provide the full amount based on the Payment and Deliverable Schedule set forth in Exhibit "B ", which is attached hereto and made a part of this AGREEMENT. The DISTRICT's contribution is subject to adequate documentation to support actual expenditures within the not -to- exceed AGREEMENT funding limitation of $500,000.00. In no event shall the DISTRICT be liable for any contribution hereunder in excess of this amount. If the total consideration for this AGREEMENT is subject to multi-year funding allocations, funding for each applicable fiscal year of this AGREEMENT will be subject to Governing Board budgetary appropriation. In the event the DISTRICT Agreement No. OT060133, Page 1 of 5 Agenda Item No. 16C6 December 13, 20105 Page 6 of 20 does not approve funding for any subsequent fiscal year, this AGREEMENT shall terminate upon expenditure of the current funding, notwithstanding other provisions in this AGREEMENT to the contrary. The DISTRICT will notify the ENTITY in writing after the adoption of the final DISTRICT budget for each subsequent fiscal year if funding is not approved for this AGREEMENT. 4. The ENTITY shall submit quarterly financial reports to the DISTRICT providing a detailed accounting of all expenditures incurred hereunder throughout the term of this AGREEMENT. The ENTITY shall report and document the amount of funds expended per month during the quarterly reporting period and the AGREEMENT expenditures to date within the maximum not -to- exceed AGREEMENT funding limitation. 5. The ENTITY shall cost share in the total amount of Four Million Five Hundred Thousand Dollars and No Cents ($4,500,000.00) in conformity with the laws and regulations governing the ENTITY. 6. All work to be performed under this AGREEMENT is set forth in Exhibit "A ", Statement of Work, which is attached hereto and made a part of this AGREEMENT. The ENTITY shall submit quarterly progress reports detailing the status of work to date for each task. The work specified in Exhibit "A" shall be under the direction of the ENTITY but shall be open to periodic review and inspection by either party. No work set forth in Exhibit "A" shall be performed beyond the expiration date unless authorized through execution of an amendment to cover succeeding periods. 7. The ENTITY is hereby authorized to contract with third parties (subcontracts) for services awarded through a competitive process required by Florida Statutes. The ENTITY shall not subcontract, assign or transfer any other work under this AGREEMENT without the prior written consent of the DISTRICT's Project Manager. The ENTITY agrees to be responsible for the fulfillment of all work elements included in any subcontract and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the ENTITY that the DISTRICT shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract(s). 8. Both the DISTRICT and the ENTITY shall have joint ownership rights to all work items, including but not limited to, all documents, technical reports, research notes, scientific data, computer programs, including the source and object code, which are developed, created or otherwise originated hereunder by the other party, its subcontractor(s), assign(s), agent(s) and/or successor(s) as required by the Exhibit "A ", Statement of Work. Both parties' rights to deliverables received under this AGREEMENT shall include the unrestricted and perpetual right to use, reproduce, modify and distribute such deliverables at no additional cost to the other party. Notwithstanding the foregoing, ownership of all equipment and hardware purchased by the ENTITY under this AGREEMENT shall be deemed to be the property of the ENTITY upon completion of this AGREEMENT. The ENTITY shall retain all ownership to tangible property. 9. The ENTITY, to the extent permitted by law, assumes any and all risks of personal injury, bodily injury and property damage attributable to negligent acts or omissions of the ENTITY and the officers, employees, servants and agents thereof. The ENTITY represents that it is self - funded for Worker's Compensation and liability insurance, covering bodily injury, personal injury and property damage, with such protection being applicable to the ENTITY, its officers and employees while acting within the scope of their employment during performance of this AGREEMENT. In the event that the ENTITY subcontracts any part or all of the work hereunder to any third party, the ENTITY shall require each and every subcontractor to identify the DISTRICT as an additional insured on all insurance policies as required by the ENTITY. Any contract awarded by the ENTITY shall include a provision whereby the ENTITY's subcontractor agrees to indemnify, pay on behalf, and hold the DISTRICT harmless from all damages arising in connection with the ENTITY's subcontract. 10. The ENTITY and the DISTRICT further agree that nothing contained herein shall be construed or interpreted as (1) denying to either party any remedy or defense available to such party under the laws of the State of Florida; (2) the consent of the State of Florida or its agents and agencies to be sued; or (3) a waiver of sovereign immunity of the State of Florida beyond the waiver provided in Section 768.28, Florida Statutes. Agreement No. OT060133, Page 2 of 5 Agenda Item No. 16C6 December 13, 2005 Page 7 of 20 11. The parties to this AGREEMENT are independent entities and are not employees or agents of the other parties. Nothing in this AGREEMENT shall be interpreted to establish any relationship other than that of independent entities, between the DISTRICT, the ENTITY, their employees, agents, subcontractors or assigns, during or after the term of this AGREEMENT. The parties to this AGREEMENT shall not assign, delegate or otherwise transfer their rights and obligations as set forth in this AGREEMENT without the prior written consent of the other parties. Any attempted assignment in violation of this provision shall be void. 12. The parties to this AGREEMENT assure that no person shall be excluded on the grounds of race, color, creed, national origin, handicap, age or sex, from participation in, denied the benefits of, or be otherwise subjected to discrimination in any activity under this AGREEMENT. 13. The ENTITY, its employees, subcontractors or assigns, shall comply with all applicable federal, state and local laws and regulations relating to the performance of this AGREEMENT. The DISTRICT undertakes no duty to ensure such compliance, but will attempt to advise the ENTITY, upon request, as to any such laws of which it has present knowledge. 14. Either party may terminate this AGREEMENT at any time for convenience upon thirty (30) calendar days prior written notice to the other party. In the event of termination, all funds not expended by the ENTITY for authorized work performed through the termination date shall be retumed to the DISTRICT within sixty (60) days of termination. 15. The ENTITY shall allow public access to all project documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. Should the ENTITY assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the ENTITY. 16. The ENTITY shall maintain records and the DISTRICT shall have inspection and audit rights below. The ENTITY shall similarly require each subcontractor to maintain and allow access to such records for audit purposes: A. Maintenance of Records: The ENTITY shall maintain all financial and non - financial records and reports directly or indirectly related to the negotiation or performance of this AGREEMENT including supporting documentation for any service rates, expenses, research or reports. Such records shall be maintained and made available for inspection for a period of five (5) years from the expiration date of this AGREEMENT. B. Examination of Records: The DISTRICT or designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this AGREEMENT. Such examination may be made only within five (5) years from the expiration date of this AGREEMENT. C. Extended Availability of Records for Legal Disputes: In the event that the DISTRICT should become involved in a legal dispute with a third party arising from performance under this AGREEMENT, the ENTITY shall extend the period of maintenance for all records relating to the AGREEMENT until the final disposition of the legal dispute. All such records shall be made readily available to the DISTRICT. 17. Whenever the DISTRICT's contribution includes state or federal appropriated funds, the ENTITY shall, in addition to the inspection and audit rights set forth in paragraph #16 above, maintain records and similarly require each subcontractor to maintain and allow access to such records in compliance with the requirements of the Florida State Single Audit Act and the Federal Single Audit Act, as follows: A. Maintenance of Records: The DISTRICT shall provide the necessary information to the ENTITY as set forth in Exhibit "C ". The ENTITY shall maintain all financial/non- financial records through: (1) Identification of the state or federal awarding agency, as applicable (2) Project identification information included in the Catalog of State Financial Assistance (CSFA) or the Catalog of Federal Financial Assistance (CFDA), as applicable Agreement No. OT060133, Page 3 of 5 Agenda Item No. 16C6 December 13, 2005 Page 8 of 20 (3) Audit and accountability requirements for state projects as stated in the Single Audit Act and applicable rules of the Executive Office of Governor, rules of the Chief Financial Officer and rules of the Auditor General and the State Projects Compliance Supplement (4) Audit/accountability requirements for federal projects as imposed by federal laws and regulations (5) Submission of the applicable single audit report to the DISTRICT, as completed per fiscal year B. Examination of Records: The DISTRICT or designated agent, the state awarding agency, the state's Chief Financial Officer and the state's Auditor General and/or federal awarding agency shall have the right to examine the ENTITY's financial and non - financial records to the extent necessary to monitor the ENTITY's use of state or federal financial assistance and to determine whether timely and appropriate corrective actions have been taken with respect to audit findings and recommendations which may include onsite visits'and limited scope audits. 18. All notices or other communication regarding this AGREEMENT shall be in writing and forwarded to the attention of the following individuals: South Florida Water Management District Attn: Maximo Guerra, Project Manager Telephone No. (239) 597 -1505 ext. 7612 Attn: Bernadette Harrison, Contract Specialist Telephone No. (561) 682 -6378 Address: P.O. Box 24680 3301 Gun Club Road West Palm Beach, FL 334164680 Collier County Public Utilities Attn: Harold Huber, Project Manager Telephone No. (239) 530 -5341 Address: 3301 E. Tamiami Trail, Bldg. H Naples, FL 34112 19. ENTITY recognizes that any representations, statements or negotiations made by DISTRICT staff do not suffice to legally bind DISTRICT in a contractual relationship unless they have been reduced to writing and signed by an authorized DISTRICT representative. This AGREEMENT shall inure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest 20. This AGREEMENT may be amended, extended or renewed only with the written approval of the parties. The DISTRICT shall be responsible for initiating any amendments to this AGREEMENT, if required. 21. This AGREEMENT, and any work performed hereunder, is subject to the Laws of the State of Florida. Nothing in this AGREEMENT will bind any of the parties to perform beyond their respective authority, nor does this AGREEMENT alter the legal rights and remedies which the respective parties would otherwise have, under law or at equity. 22. Should any term or provision of this AGREEMENT be held, to any extent, invalid or unenforceable, as against any person, ENTITY or circumstance during the term hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this AGREEMENT, to the extent that the AGREEMENT shall remain operable, enforceable and in full force and effect to the extent permitted by law. 23. Failures or waivers to insist on strict performance of any covenant, condition, or provision of this AGREEMENT by the parties shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other party from performing any subsequent obligations strictly in accordance with the terms of this AGREEMENT. No waiver shall be effective unless in writing and signed by the party against whom enforcement is sought Such waiver shall be limited to provisions of this AGREEMENT specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. 24. Any dispute arising under this AGREEMENT which cannot be readily resolved shall be submitted jointly to the signatories of this AGREEMENT with each party agreeing to seek in good faith to resolve the issue through negotiation or other forms of non - binding alternative dispute resolution mutually acceptable to the parties. A joint decision of the signatories, or their designees, shall be the disposition of such dispute. Agreement No. OT060133, Page 4 of 5 Agenda Item No. 16C6 December 13, 2005 Page 9 of 20 25. This AGREEMENT states the entire understanding and agreement between the parties and supersedes any and all written or oral representations, statements, negotiations, or agreements previously existing between the parties with respect to the subject matter of this AGREEMENT. 26. Any inconsistency in this AGREEMENT shall be resolved by giving precedence in the following order: (a) Terms and Conditions outlined in preceding paragraphs 1 — 24 (b) Exhibit "A ", Statement of Work (c) all other exhibits, attachments and documents specifically incorporated herein by reference IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute this AGREEMENT on the date first written above. SFWMD PROCUREMENT APPROVED By. Date: SOUTH FLORIDA WATER MANAGEMENT DISTRICT BY ITS GOVERNING BOARD L-5 Frank Hayden, Procurement Director COLLIER COUNTY WATER/SEWER DISTRICT By: The Board of County Commissioners, Collier County, FL Title: Fred W. Coyle, Chairman Date: December 13, 2005 Agreement No. OT060133, Page 5 of 5 Agenda Item No. 16C6 December 13, 2005 Page 10 of 20 Exhibit "A" Statement of Work North East Regional Water Treatment Plant ( NERWTP) Collier County Public Utilities A. Introduction Collier County has experienced an extraordinary population growth rate over the last several decades. In order to address necessary planning for infrastructure improvements, the County has prepared and updated their Water and Wastewater Master Plan, most recently in 2003. The Master Plan, in conjunction with the County's Growth Management Plan, has indicated the need to develop an additional new water supply and water treatment plant (WTP) in the northeast area of the County. The total cost of the engineering design for this project is $5,000,000.00. Collier County is requesting $500,000.00 as partial funding for the design of the NERWTP. B. Objective The initial capacity of the WTP will be 10 MGD, with provision for a future capacity of 20 MGD by the year 2018. The source water for the NERWTP will come from the Hawthorn /Upper Floridan aquifers, an alternative water source. C. Scope of Work The NERWTP will be part of an overall project to develop a 216 -acre parcel in the Orangetree PUD for the NERWTP and North Water Reclamation Facility (NWRF). The source water for the NERWTP will come from the Hawthorn /Upper Floridan aquifers, an alternative water source. D. Work Breakdown Structure The major tasks of the project are: 1. Complete Engineering Design 2. Construction Management 3. Construction Exhibit "A" to Agreement No. OT060133, Page 1 of 2 E. Summary Schedule of Tasks and Deliverables Task Description Deliverable 1. Complete Engineering Design Design Report 2. Construction Management 3. Construction F. Contact Information Agenda Item No. 16C6 December 13, 2005 Page 11 of 20 Due Date 07106 01/09 01/09 Collier County Project Manager Name Mr. Harold Huber Address 3301 East Tamiami Trail, Bldg H Naples, Florida 34112 Phone 239 530 -5341 Fax 1 239 530 -5378 Email haroldhuber@colliergov.net Exhibit "A" to Agreement No. OT060133, Page 2 of 2 Agenda Item No. 16C6 December 13, 2005 Page 12 of 20 EXHIBIT "B" PAYMENT AND DELIVERABLE SCHEDULE North East Regional Water Treatment Plant (NERWTP) Total payment by the District to the Entity shall not exceed the amount of $500,000.00. All payments are subject to District fiscal year appropriations. All invoices shall be accompanied by adequate documentation to support actual expenditures incurred by the Entity within the not -to- exceed amount specified below in accordance with Article 3 of the Agreement. The Entity shall be responsible for all aspects of managing and completing the project. Exhibit "B" to Agreement No. OT060133, Page 1 of 1 1 Complete Design 7/06 $5,000,000.00 $500,000.00 Engineering Report Design 2 Construction 1/09 $2,500,000.00 N/A Management 3 Construction 1/09 $35,000,000.00 N/A f�} �v Exhibit "B" to Agreement No. OT060133, Page 1 of 1 Agenda Item No. 16C6 December 13, 2005 Page 13 of 20 ORIGINAL SOUTH FLORIDA WATER MANAGEMENT DISTRICT LOCAL GOVERNMENTAL AGREEMENT AGREEMENT NO. OT060133 BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND COLLIER COUNTY WATER/SEWER DISTRICT THIS AGREEMENT is entered into as of by and between the South Florida Water Management District (DISTRICT) and the Collier County Water /Sewer District (ENTITY). WHEREAS, the DISTRICT is a public corporation of the State of Florida, created by the Florida Legislature and given those powers and responsibilities enumerated in Chapter 373, Florida Statutes, to include entering into contracts with public agencies, private corporations or other persons; and WHEREAS, the DISTRICT desires to provide financial assistance to the ENTITY for the development of the North East Regional Water Treatment Plant; and WHEREAS, the ENTITY warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms and conditions of this AGREEMENT; and WHEREAS, the Governing Board of the District at its December 14, 2005 meeting approved entering into this AGREEMENT with the ENTITY; NOW, THEREFORE, in consideration of the covenants and representations set forth herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. The DISTRICT agrees to contribute funds and the ENTITY agrees to perform the work set forth in Exhibit "A" attached hereto and made a part hereof, subject to availability of funds and in accordance with their respective authorities to design an additional new water supply and water treatment plant (WT?) in the northeast area of the County. 2. The period of performance of this AGREEMENT shall commence on the date of execution of this AGREEMENT and shall continue for a period of one (1) year. 3. The total DISTRICT contribution shall not exceed the amount of Five Hundred Thousand Dollars and No Cents ($500,000.00). The DISTRICT will provide the full amount based on the Payment and Deliverable Schedule set forth in Exhibit "B ", which is attached hereto and made a part of this AGREEMENT. The DISTRICT's contribution is subject to adequate documentation to support actual expenditures within the not -to- exceed AGREEMENT funding limitation of $500,000.00. In no event shall the DISTRICT be liable for any contribution hereunder in excess of this amount. If the total consideration for this AGREEMENT is subject to multi-year funding allocations, funding for each applicable fiscal year of this AGREEMENT will be subject to Governing Board budgetary appropriation. In the event the DISTRICT Agreement No. OT060133, Page 1 of 5 Agenda Item No. 16C6 December 13, 2005 Page 14 of 20 does not approve funding for any subsequent fiscal year, this AGREEMENT shall terminate upon expenditure of the current fimding, notwithstanding other provisions in this AGREEMENT to the contrary. The DISTRICT will notify the ENTITY in writing after the adoption of the final DISTRICT budget for each subsequent fiscal year if funding is not approved for this AGREEMENT. 4. The ENTITY shall submit quarterly financial reports to the DISTRICT providing a detailed accounting of all expenditures incurred hereunder throughout the term of this AGREEMENT. The ENTITY shall report and document the amount of funds expended per month during the quarterly reporting period and the AGREEMENT expenditures to date within the maximum not -to- exceed AGREEMENT funding limitation. 5. The ENTITY shall cost share in the total amount of Four Million Five Hundred Thousand Dollars and No Cents ($4,500,000.00) in conformity with the laws and regulations governing the ENTITY. 6. All work to be performed under this AGREEMENT is set forth in Exhibit "A ", Statement of Work, which is attached hereto and made a part of this AGREEMENT. The ENTITY shall submit quarterly progress reports detailing the status of work to date for each task. The work specified in Exhibit "A" shall be under the direction of the ENTITY but shall be open to periodic review and inspection by either party. No work set forth in Exhibit "A" shall be performed beyond the expiration date unless authorized through execution of an amendment to cover succeeding periods. 7. The ENTITY is hereby authorized to contract with third parties (subcontracts) for services awarded through a competitive process required by Florida Statutes. The ENTITY shall not subcontract, assign or transfer any other work under this AGREEMENT without the prior written consent of the DISTRICT's Project Manager. The ENTITY agrees to be responsible for the fulfillment of all work elements included in any subcontract and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the ENTITY that the DISTRICT shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract(s). 8. Both the DISTRICT and the ENTITY shall have joint ownership rights to all work items, including but not limited to, all documents, technical reports, research notes, scientific data, computer programs, including the source and object code, which are developed, created or otherwise originated hereunder by the other party, its subcontractor(s), assign(s), agent(s) and/or successor(s) as required by the Exhibit "A ", Statement of Work. Both parties' rights to deliverables received under this AGREEMENT shall include the unrestricted and perpetual right to use, reproduce, modify and distribute such deliverables at no additional cost to the other party. Notwithstanding the foregoing, ownership of all equipment and hardware purchased by the ENTITY under this AGREEMENT shall be deemed to be the property of the ENTITY upon completion of this AGREEMENT. The ENTITY shall retain all ownership to tangible property. 9. The ENTITY, to the extent permitted by law, assumes any and all risks of personal injury, bodily injury and property damage attributable to negligent acts or omissions of the ENTITY and the officers, employees, servants and agents thereof. The ENTITY represents that it is self -fimded for Worker's Compensation and liability insurance, covering bodily injury, personal injury and property damage, with such protection being applicable to the ENTITY, its officers and employees while acting within the scope of their employment during performance of this AGREEMENT. In the event that the ENTITY subcontracts any part or all of the work hereunder to any third party, the ENTITY shall require each and every subcontractor to identify the DISTRICT as an additional insured on all insurance policies as required by the ENTITY. Any contract awarded by the ENTITY shall include a provision whereby the ENTITY's subcontractor agrees to indemnify, pay on behalf, and hold the DISTRICT harmless from all damages arising in connection with the ENTITY's subcontract. 10. The ENTITY and the DISTRICT further agree that nothing contained herein shall be construed or interpreted as (1) denying to either party any remedy or defense available to such party under the laws of the State of Florida; (2) the consent of the State of Florida or its agents and agencies to be sued; or (3) a waiver of sovereign immunity of the State of Florida beyond the waiver provided in Section 768.28, Florida Statutes. Agreement No. OT060133, Page 2 of 5 Agenda Item No. 16C6 December 13, 2005 Page 15 of 20 11. The parties to this AGREEMENT are independent entities and are not employees or agents of the other parties. Nothing in this AGREEMENT shall be interpreted to establish any relationship other than that of independent entities, between the DISTRICT, the ENTITY, their employees, agents, subcontractors or assigns, during or after the tern of this AGREEMENT. The parties to this AGREEMENT shall not assign, delegate or otherwise transfer their rights and obligations as set forth in this AGREEMENT without the prior written consent of the other parties. Any attempted assignment in violation of this provision shall be void. 12. The parties to this AGREEMENT assure that no person shall be excluded on the grounds of race, color, creed, national origin, handicap, age or sex, from participation in, denied the benefits of, or be otherwise subjected to discrimination in any activity under this AGREEMENT. 13. The ENTITY, its employees, subcontractors or assigns, shall comply with all applicable federal, state and local laws and regulations relating to the performance of this AGREEMENT. The DISTRICT undertakes no duty to ensure such compliance, but will attempt to advise the ENTITY, upon request, as to any such laws of which it has present knowledge. 14. Either party may terminate this AGREEMENT at any time for convenience upon thirty (30) calendar days prior written notice to the other party. In the event of termination, all funds not expended by the ENTITY for authorized work performed through the termination date shall be returned to the DISTRICT within sixty (60) days of termination. 15. The ENTITY shall allow public access to all project documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. Should the ENTITY assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the ENTITY. 16. The ENTITY shall maintain records and the DISTRICT shall have inspection and audit rights below. The ENTITY shall similarly require each subcontractor to maintain and allow access to such records for audit purposes: A. Maintenance of Records: The ENTITY shall maintain all financial and non- fmancial records and reports directly or indirectly related to the negotiation or performance of this AGREEMENT including supporting documentation for any service rates, expenses, research or reports. Such records shall be maintained and made available for inspection for a period of five (5) years from the expiration date of this AGREEMENT. B. Examination of Records: The DISTRICT or designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this AGREEMENT. Such examination may be made only within five (5) years from the expiration date of this AGREEMENT. C. Extended Availability of Records for Legal Disputes: In the event that the DISTRICT should become involved in a legal dispute with a third party arising from performance under this AGREEMENT, the ENTITY shall extend the period of maintenance for all records relating to the AGREEMENT until the final disposition of the legal dispute. All such records shall be made readily available to the DISTRICT. 17. Whenever the DISTRICT's contribution includes state or federal appropriated funds, the ENTITY shall, in addition to the inspection and audit rights set forth in paragraph #16 above, maintain records and similarly require each subcontractor to maintain and allow access to such records in compliance with the requirements of the Florida State Single Audit Act and the Federal Single Audit Act, as follows: A. Maintenance of Records: The DISTRICT shall provide the necessary information to the ENTITY as set forth in Exhibit "C ". The ENTITY shall maintain all financial/non- financial records through: (1) Identification of the state or federal awarding agency, as applicable (2) Project identification information included in the Catalog of State Financial Assistance (CSFA) or the Catalog of Federal Financial Assistance (CFDA), as applicable Agreement No. OT060133, Page 3 of 5 Agenda Item No. 16C6 December 13, 2005 Page 16 of 20 (3) Audit and accountability requirements for state projects as stated in the Single Audit Act and applicable rules of the Executive Office of Governor, rules of the Chief Financial Officer and rules of the Auditor General and the State Projects Compliance Supplement (4) Audit/accountability requirements for federal projects as imposed by federal laws and regulations (5) Submission of the applicable single audit report to the DISTRICT, as completed per fiscal year B. Examination of Records: The DISTRICT or designated agent, the state awarding agency, the state's Chief Financial Officer and the state's Auditor General and/or federal awarding agency shall have the right to examine the ENTITY's financial and non - financial records to the extent necessary to monitor the ENTITY's use of state or federal financial assistance and to determine whether timely and appropriate corrective actions have been taken with respect to audit fmdings and recommendations which may include onsite visits and limited scope audits. 18. All notices or other communication regarding this AGREEMENT shall be in writing and forwarded to the attention of the following individuals: South Florida Water Management District Attn: Maximo Guerra, Project Manager Telephone No. (239) 597 -1505 ext. 7612 Attn: Bernadette Harrison, Contract Specialist Telephone No. (561) 682 -6378 Address: P.O. Box 24680 3301 Gun Club Road West Palm Beach, FL 334164680 Collier County Public Utilities Attn: Harold Huber, Project Manager Telephone No. (239) 530 -5341 Address: 3301 E. Tamiami Trail, Bldg. H Naples, FL 34112 19. ENTITY recognizes that any representations, statements or negotiations made by DISTRICT staff do not suffice to legally bind DISTRICT in a contractual relationship unless they have been reduced to writing and signed by an authorized DISTRICT representative. This AGREEMENT shall inure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. 20. This AGREEMENT may be amended, extended or renewed only with the written approval of the parties. The DISTRICT shall be responsible for initiating any amendments to this AGREEMENT, if required. 21. This AGREEMENT, and any work performed hereunder, is subject to the Laws of the State of Florida. Nothing in this AGREEMENT will bind any of the parties to perform beyond their respective authority, nor does this AGREEMENT alter the legal rights and remedies which the respective parties would otherwise have, under law or at equity. 22. Should any term or provision of this AGREEMENT be held, to any extent, invalid or unenforceable, as against any person, ENTITY or circumstance during the term hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this AGREEMENT, to the extent that the AGREEMENT shall remain operable, enforceable and in full force and effect to the extent permitted by law. 23. Failures or waivers to insist on strict performance of any covenant, condition, or provision of this AGREEMENT by the parties shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other party from performing any subsequent obligations strictly in accordance with the terms of this AGREEMENT. No waiver shall be effective unless in writing and signed by the party against whom enforcement is sought. Such waiver shall be limited to provisions of this AGREEMENT specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. 24. Any dispute arising under this AGREEMENT which cannot be readily resolved shall be submitted jointly to the signatories of this AGREEMENT with each party agreeing to seek in good faith to resolve the issue through negotiation or other forms of non - binding alternative dispute resolution mutually acceptable to the parties. A joint decision of the signatories, or their designees, shall be the disposition of such dispute. Agreement No. OT060133, Page 4 of 5 Agenda Item No. 1606 December 13, 2005 Page 17 of 20 25. This AGREEMENT states the entire understanding and agreement between the parties and supersedes any and all written or oral representations, statements, negotiations, or agreements previously existing between the parties with respect to the subject matter of this AGREEMENT. 26. Any inconsistency in this AGREEMENT shall be resolved by giving precedence in the following order. (a) Terms and Conditions outlined in preceding paragraphs I — 24 (b) Exhibit "A ", Statement of Work (c) all other exhibits, attachments and documents specifically incorporated herein by reference IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute this AGREEMENT on the date first written above. SFWMD PROCUREMENT APPROVED By: �+ / Date: �� �a of SOUTH FLORIDA WATER MANAGEMENT DISTRICT BY ITS GOVERNING BOARD By: Frank Hayden, Procurement Director COLLIER COUNTY WATER/SEWER DISTRICT By: The Board of County Commissioners, Collier County, FL Title: Fred W. Coyle, Chairman Date:December 13, 2005 Agreement No. OT060133, Page 5 of 5 Agenda Item No. 16C6 December 13, 2005 Page 18 of 20 Exhibit "A" Statement of Work North East Regional Water Treatment Plant ( NERWTP) Collier County Public Utilities A. Introduction Collier County has experienced an extraordinary population growth rate over the last several decades. In order to address necessary planning for infrastructure improvements, the County has prepared and updated their Water and Wastewater Master Plan, most recently in 2003. The Master Plan, in conjunction with the County's Growth Management Plan, has indicated the need to develop an additional new water supply and water treatment plant (WTP) in the northeast area of the County. The total cost of the engineering design for this project is $5,000,000.00. Collier County is requesting $500,000.00 as partial funding for the design of the NERWTP. B. Objective The initial capacity of the WTP will be 10 MGD, with provision for a future capacity of 20 MGD by the year 2018. The source water for the NERWTP will come from the Hawthom /Upper Floridan aquifers, an alternative water source. C. Scope of Work The NERWTP will be part of an overall project to develop a 216 -acre parcel in the Orangetree PUD for the NERWTP and North Water Reclamation Facility (NWRF). The source water for the NERWTP will come from the Hawthom /Upper Floridan aquifers, an alternative water source. D. Work Breakdown Structure The major tasks of the project are: 1. Complete Engineering Design 2. Construction Management 3. Construction Exhibit "A" to Agreement No. OT060133, Page 1 of 2 Agenda Item No. 1606 December 13, 2005 Page 19 of 20 E. Summary Schedule of Tasks and Deliverables Task Description Deliverable Due Date 1. Complete Engineering Design Design Report 07/06 2. Construction Management 01/09 3. Construction 01/09 F. Contact Information Collier County Project Manager Name Mr. Harold Huber Address 3301 East Tamiami Trail, Bldg H Naples, Florida 34112 Phone 239 530 -5341 Fax 239 530 -5378 Email haroldhuber collier ov.net Exhibit "A" to Agreement No. OT060133, Page 2 of 2 Agenda Item No. 1606 December 13, 2005 Page 20 of 20 EXHIBIT "B" PAYMENT AND DELIVERABLE SCHEDULE North East Regional Water Treatment Plant (NERWTP) Total payment by the District to the Entity shall not exceed the amount of $500,000.00. All payments are subject to District fiscal year appropriations. All invoices shall be accompanied by adequate documentation to support actual expenditures incurred by the Entity within the not -to- exceed amount specified below in accordance with Article 3 of the Agreement. The Entity shall be responsible for all aspects of managing and completing the project. -td. �* .. '•M�" r � s� F����Y' °" i 'M's.,Mi! �z'', a�^ �Yb � $ tf- W r 1 Complete Design 7/06 $5,000,000.00 $500,000.00 Engineering Report Design 2 Construction 1/09 $2,500,000.00 N/A Management 3 Construction 1/09 $35,000,000.00 N/A � �w,a �.-` �� � pia ate•. +cy r "� R `x'' �� .�a a��'-+, 0+5 - ^`°i _ y^yY it� k Exhibit `B" to Agreement No. OT060133, Page 1 of 1 Agenda Item No. 16C7 December 13, 2005 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve, execute and record a Satisfaction of a Notice of Claim of Lien for Sanitary Sewer System Impact Fee. Fiscal impact is $10.00 to record the Satisfaction of Lien. OBJECTIVE: Recommendation that the Board acknowledges full payment and executes the Satisfaction of Claim of Lien. CONSIDERATIONS: The Board of County Commissioners of Collier County, Florida as the Governing Body of Collier County and as Ex- Officio the Governing Board of the Collier County Water /Sewer District of Collier County, Florida, recorded the Claim of Lien in the Office of the Clerk of the Circuit Court of Collier County, Florida. SEE ATTACHED EXHIBIT "A" Full payment and satisfaction of this lien have been made. The County Attorney's Office has reviewed and approved the Satisfaction of Claim of Lien. FISCAL IMPACT: Payment in full for this Claim of Lien increases the cash flow in the County's Sewer Impact Fee (Fund 413) by $1,100.00. The fiscal impact for recording this Satisfaction of Claim of Lien is approximately $10.00, which is to be charged to (Fund 408) the County Water /Sewer Operating Fund Utility Billing cost center. GROWTH MANAGEMENT: There is no Growth Management impact associated with this item. RECOMMENDATION: Recommendation to acknowledge full payment and the satisfaction of this lien and to surrender the same canceled, and to direct the Clerk of the Circuit Court of Collier County to cancel the same of record. Authorize the Chairman to execute the Satisfaction of Claim of Lien. PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing Customer Service Agenda item No. 16C7 December 13, 2005 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. 16C7 Item Summary: Recommendation to approve, execute and record a Satisfaction of a Notice of Claim of Lien for Sanitary Sewer System Impact Fee. Fiscal impact is $10.00 to record the Satisfaction of Lien. Meeting Date: 12113.2006 9:00:00 AM Approved By John A. Yonkosky Utility Billing Director Date Public Utilities UBCS 1112112005 5:03 PM Approved By Thomas Wide. Operations Director Deft Public Utilities Public Utilities Operations 11,2112005 5:04 PM Approved By Pam Callis Rev¢nuo Supervisor Date Public Utilities UBCS 11122120D510:25 AM Approved By Teresa Riesan Revenue Manager Date Public Utilities UBCS 11 @2!200511:17 AM Approved By James W. DeLany Public Utilities Administrator Data Public Utilities Public Utilities Administration 11125!20059:29 AM Approved By OMB Coordinator Administrative Assistant Date county Manager" Office Office of Managamenf 6 Budget 111291200511:17 AM Approved By Randy Greenwald Management /Budget Analyst Data County Manager's Office Office of Management & Budget 111291200511:27 AM Approved By Weasel Smykowski Management & Budget Director Date County Manegor s Office Office of Management & Budget 1112912005 3:01 PM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County County Manager's Office 1113012005 12:41 PM Commissioners Agenda Item No. 16C7 December 13, 2005 Page 3 of 4 EXHIBIT "A" 1. Scenic Investment Corporation, a Florida Corporation, securing the principal balance of one thousand one hundred dollars and no cents ($1,100.00). Folio #29281160009. Agenda Item No. 16C7 December 13, 2005 Page 4 of 4 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 SATISFACTION OF NOTICE OF CLAIM OF LIEN FOR SANITARY SEWER SYSTEM IMPACT FEES KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT, was the owner and holder of a certain Lien against: Scenic Investment Corporation, a Florida Corporation P O Box 10864 Naples, FL 33940 -0864 The Lien was recorded on 24TH day of October 1994, in Official Record Book 1996, Page(s) 1240, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Thousand One Hundred Dollars and No Cents ($1,100.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOTS 41 AND 42, CRAIG'S SUBDIVISION, AS RECORDED IN PLAT BOOK 4, PAGE 27, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS DESCRIBED IN THAT DOCUMENT RECORDED IN OR BOOK 1897, PAGE 551 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 29281160009 Collier County, a political subdivision of the State of Florida, and the Collier County Water -Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full Satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex- Officio the Governing Board of the Collier County Water -Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of 2005. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and Legal sufficiency: DAVID C. WEIGEL COUNTY ATTORNEY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT FRED W. COYLE, CHAIRMAN Agenda Item No. 1608 December 13, 2005 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to approve the Satisfaction for a certain Water and/or Sewer Impact Fee Payment Agreement. Fiscal impact is $18.50 to record the Satisfaction of Lien. OBJECTIVE: Recommendation that the Board acknowledges full payment, and executes a Satisfaction for the Agreement To Extend Installment Payment of Water and/or Sewer System Impact Fees. CONSIDERATIONS: The Board of County Commissioners of Collier County, Florida as Ex- Officio the Governing Board of the Collier County Water Sewer District, is the owner and holder of the Notice of Promise to Pay and Agreement to Extend Payment of Water and /or Sewer System Impact Fees executed by: SEE ATTACHED EXHIBIT "A" Full payment and satisfaction of this agreement have been made. The County Attorney's Office has reviewed and approved the satisfaction. FISCAL IMPACT: Satisfaction of this agreement has increased the cash now in the sewer impact fee (Fund 413) by $1,180.00 The fiscal impact for recording the Satisfaction of Lien is approximately $18.50, which is to be charged to (Fund 408) the County Water/ Sewer Operating Fund Utility Billing cost center. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item. RECOMMENDATION: Recommendation to acknowledge full payment and the satisfaction of this agreement and to surrender the same as canceled. Authorize the Chairman to execute the Satisfaction of Notice of Promise to Pay and Agreement. PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing Customer Service Agenda Item No. 16CB December 13. 2005 Page 2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16C8 the Satisfaction for a certain Water and/or Sewer Impact Fee Item Summary: Recommendation to approve Payment Agreement. Fiscal impact is $18.50 to record the Satisfaction of Lien. Meeting Date: 121312005 9.00:00 AM Approved By John A. Yankosky Utility Billing Director Date Public Utilities UBCS 1112112006 5:05 PM Approved By Thomas kYdes Operations Director Date Public Utilities Public Utilities Operations 1N2112005596 PM Approved By Pam Callis Revenue Supervisor Date Public Utilities UBCS 1112212005 10:26 AM Approved By Teresa Meson Revenue Manager Date Public Utilities UBCS 11122!200511:17 AM Approved By James W, DoLony Public Utilities Administrator Date Public Utilities Public Utilties Administration 11129!20059:30 AM Approved By OMB Coordinator Administrative Assistant Data County Managers Office Office of Management & Budget 111291200511:15 AM Approved By Randy Greenwald Management7Budget Analyst Data County Managat's Office Office of Management b Budget 111291200 5 1 1:22 AM Approved By Michael Smykov to Management & Budget Director Data County Manager`s Office Office of Management & Budget 1112412005 3:02 PM Approved By Leo E. Ochs, Jr. Deputy County Manager Data Board of County Caunfy Manager's Office 11:30!20061:24 PM Commissioners Agenda Item No. 1608 December 13, 2005 Page 3 of 5 EXHIBIT "A" 1. Judith B Soja Burr and Charles M Burr III, securing the principal balance of one thousand one hundred eighty dollars and no cents ($1,180.00). Folio #48481360004 Agenda Item No. 16CB December 13, 2005 Page 4 of 5 Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND /OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Judith B Soja Burr and Charles M Burr, III Whose mailing address is 27 Sipple Hill Rd Moodus, Ct 06469 Bearing the date of the 16`" day of July 1999, recorded in Official Record Book 2571 Page(s) 1723, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand One Hundred Eighty Dollars and No Cents ($1,180.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: UNIT NO. B -304, OF GULF WINDS EAST, A CONDOMINIUM AS RECORDED IN CONDOMINIUM PLAT BOOK 4 AT PAGES 153 -154, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, TOGETHER WITH THE PRORATA INTEREST IN THE COMMON ELEMENTS, AND COMMON PROPERTY OF THE CONDOMINIUM AND LIMITED COMMON ELEMENTS APPURTENANT THERETO, MORE PARTICULARY DELINEATED AND IDENTIFIED IN THE DECLARATION OF CONDOMINIUM OF GULF WINDS EAST, A CONDOMINIUM, AS RECORDED IN O.R. BOOK 508, AT PAGES -166 THROUGH 224, INCLUSIVE, AS COMPLETELY AMENDED IN O.R. BOOK 939, PAGES 1170 THROUGH 1236, AND AS AMENDED BY THE FINAL SURVEYOR'S CERTIFICATE AND OTHER AMENDMENTS THERETO. FOLIO NUMBER: 48481360004 Collier County, a political subdivision of the State of Florida, and the Collier County Water -Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex- Officio the Governing Board of the Collier County Water -Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of , 2005. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal suff iciency: David C. Weigel County Attorney Agenda Item No. 16C8 December 13, 2005 Page 5 of 5 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT FRED W. COYLE, CHAIRMAN Agenda Item No. 16C9 December 13, 2005 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to adopt a Resolution to approve the Satisfaction of Lien for a Solid Waste residential account wherein the County has received payment and said Lien is satisfied in full for the 1995 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $20.00 to record the Satisfaction of Lien. OBJECTIVE: Adopt a Resolution approving the Satisfaction of Lien for a residential account where the County has received payment in full for the 1995 Solid Waste Collection Services Special Assessment. CONSIDERATIONS: Resolution No. 2000 -236 adopted by the Board on August 1, 2000 provided for the recording of the list of 1995 delinquent solid waste collection and disposal services special assessment and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 2000 -236 was recorded on August 8, 2000 in Official Record Book 2707, Pages 3195 through 3273 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1995 Solid Waste Collection Services Special Assessment. Collier County Ordinance No. 90 -30, as amended, provides the Satisfaction of Lien shall be approved by Resolution. The attached Resolution lists the one account that has paid in full for the 1995 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfaction of Lien and the Resolution is approximately $20.00, which is to be charged to County Water /Sewer Operating Fund (408). GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the one Satisfaction of Lien for the account listed in the Resolution and authorizing the Chairman to sign the one Satisfaction of Lien for the 1995 Solid Waste Collection Services Special Assessment Lien. PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing Customer Service Agenda Item No. 16C9 December 13. 2'05 Page 2 of A COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16Cs Item Summary: Recommendation to adopt a Resolution to approve the Satisfaction of Lien for a Solid Waste residential account wherein the County ties received payment and said Lien is satisfied in full for the 1995 Solid 'haste Collection and Disposal Services Special Assessment. Fiscal impact is 420.00 to record the Satisfaction of Lien. Meeting Date: 12113.2005 9:00:00 AM Approved By John A. Yonkosky Utility Billing Director Date Public Utilities UBCS 1112112005 5:06 PM Approved By Thomas Widas Operations Director Date Public Utilities Public Utilities Operations 11,21!2005 6:08 PM Approved By Pam Collis Revenue Supervisor Date Public Utilities UBCS 111221200510:27 AM Approved By Teresa R.— Revenus Manager We Public Utilities UBCS t I t221200511:17 AM Approved By James W. DoLony Public Utilities Administrator Date Public Utilities Public Utilities Administration 11129(2005 9:29 AM Approved By OMB Coordinator Administrative Assistant Date County Managa(s Office Office of Management & Budget 1112 91200 5 11:19 AM Approved By Randy Green —ld Managern— V13udgetAnalyst Date County Manager's Office Offirn of Management & Budget 11/2912005 3:16 PM Approved By Michael Smyk —ld Management & Budge! Director Date County Managers Office Office of Management & Budget 11,29120054:16 PM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County County Manager's Office IVW20051:37 PM Commissioners This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774 -8400 Agenda Item No. 1609 December 13, 2005 Page 3 of 4 Property Folio No. 00206640002 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Wallace, David j =& Mary E PO Box 10524 Naples, FL 341010524 The Lien was recorded on the 8'h day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Two Dollars and Eighty Nine Cents ($102.89), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 35 48 26 S1/2 OF NW1 /4 OF SW-1/4 OF NW1 /4, LESS R/W 4.24 AC OR 1205 PG 1807 Folio No. 00206640002 Project No. 65000 Account No. 1892 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of , 2005. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: Approved as to form and legal sufficiency ROBERT ZACHARY FRED W. COYLE, CHAIRMAN Agenda Item No. 1609 December 13, 2005 Page 4 of 4 RESOLUTION NO. 2005- A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1995 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90 -30, as amended, the Board of County Commissioners on August 1, 2000 adopted Resolution No. 2000 -236 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1995; and WHEREAS, Resolution No. 2000 -236, was recorded on August 8, 2000 in Official Record Book 2707, Pages 3195 through 3273 of the Official Records of Collier County, Florida, which placed a lien on certain properties for the delinquent solid waste collection and disposal services special assessments for 1995; and WHEREAS, Collier County Ordinance No. 90 -30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Liens on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance 90 -30, as amended the Board recognizes full payment and receipt of the 1995 Service Year Solid Waste Collection and Disposal Special Assessment for the following account numbered below, subsequent to the adoption of Resolution No. 2000 -236, whereupon a lien had been recorded on real property pertaining to the account identified herein. The Satisfaction of Lien attached hereto referencing the account identified herein is hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and this Satisfaction of Lien in the official records of Collier County: Account No. 1892 This Resolution adopted this day of 2005, after motion, second and majority vote. BOARD OF COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, CLERK My Approved as to form and legal sufficiency: David C. Weigel County Attorney FRED W. COYLE, CHAIRMAN Agenda Item No. 16010 December 13, 2005 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to adopt a Resolution to approve the Satisfaction of Lien for a Solid Waste residential account wherein the County has received payment and said Lien is satisfied in full for the 1996 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $20.00 to record the Satisfaction of Lien. OBJECTIVE: Adopt a Resolution approving the Satisfaction of Lien for a residential account where the County has received payment in full for the 1996 Solid Waste Collection Services Special Assessment. CONSIDERATIONS: Resolution No. 2000 -237 adopted by the Board on August 8, 2000 provided for the recording of the list of 1996 delinquent solid waste collection and disposal services special assessment and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 2000 -237 was recorded on August 8, 2000 in Official Record Book 2708, Pages 0199 through 0309 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1996 Solid Waste Collection Services Special Assessment. Collier County Ordinance No. 90 -30, as amended, provides the Satisfaction of Lien shall be approved by Resolution. The attached Resolution lists the one account that has been paid in full for the 1996 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfaction of Lien and the Resolution is approximately $20.00, which is to be charged to County Water /Sewer Operating Fund (408). GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the one Satisfaction of Lien for the account listed in the Resolution and authorizing the Chairman to sign the one Satisfaction of Lien for the 1996 Solid Waste Collection Services Special Assessment Lien. PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing Customer Service Agenda Item No. 16010 December 13.2005 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Rem Number. 18010 Resolution to the Satisfaction of Lien for a Solid Waste Item summary: Recommendation to adopt a approve residential account wherein the County has received payment and said Lien is satisfied in full for the 1996 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is 520.0010 record the Satisfaction of Lien. Meeting Date: 12113/2005 990:00 AM Approved By Thames wide. Operations Director Date Public Utilities Public Utilities Operation. ttr2112D05 5:02 PM Approved By John A. Yonkasky Utility Billing Director Date Public Utilities, UBCS 11121120055:04 PM Approved By Pam GaOis Revenue Suparvisor Data Public Utifi ies UBCS 111221200510:29 AM Approved By Teresa Riasan Ravenna Manager Date Public Utilities UBCS 1112272005 11:19 AM Approved By James W. DeLony Public Utilities Administrator Date Public Utilities Public Utilities Administration 11/2912005 9:30 AM Approved By OMB Coordinator Administrative Assistant Date County Managers Office Office of Management S Budget 1112912005 11:19 AM Approved By Randy Greenwald ManagamenUBadget Analyst Date County Managers Office Office of Management & Budget 1112912005 3:19 PM M..., Approved By Michael Smykewski Management & Budget Director Data County Managers Office Office of Management & Budget 11129120054:15 PM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County County Managers Office 11130120051:39 PM Commissioners This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 Agenda Item No. 16C10 December 13, 2005 Page 3 of 4 Property Folio No. 00206640002 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Wallace, David J =& Mary E PO Box 10524 Naples, FL 341010524 The Lien was recorded on the 8T" day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 35 48 26 S1/2 OF NW-1/4 OF SW1 /4 OF NW1 /4, LESS R/W 4.24 AC OR 1205 PG 1807 Folio No. 00206640002 Project No. 66000 Account No. 1915 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of , 2005. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: FRED W COYLE, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No. 16C10 December 13, 2005 Page 4 of 4 RESOLUTION NO. 2005- - A RESOLUTION APPROVING SATISFACTION OF LIEN FOR A CERTAIN ACCOUNT THAT HAS PAID IN FULL FOR THE 1996 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90 -30, as amended, the Board of County Commissioners on August 1, 2000 adopted Resolution No. 2000 -237 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1996; and WHEREAS, Resolution No. 2000 -237, was recorded on August 8, 2000 in Official record Book 2708, Pages 0199 through 0309 of the Official Records of Collier County, Florida, which placed a lien on certain properties for the delinquent solid waste collection and disposal services special assessments for 1996; and WHEREAS, Collier County Ordinance No. 90 -30, as amended, requires the Board to approve by Resolution and record in Official Records a Satisfaction of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90 -30, as amended the Board recognizes full payment and receipt of the 1996 Service Year Solid Waste Collection and Disposal Special Assessments for the following account numbered below, subsequent to the adoption of Resolution No. 2000- 237, whereupon a lien had been recorded on real property pertaining to the account identified herein. The Satisfaction of Lien attached hereto referencing the account identified herein is hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and this Satisfaction of Lien in the official records of Collier County: Account No. 1915 This Resolution adopted after this majority vote. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency: David C. Weigel County Attorney day of , 2005 after motion, second and BOARD OF COMMISSIONERS COLLIER COUNTY, FLORIDA BY: FRED W. COYLE,CHAIRMAN Agenda Item No. 16011 December 13, 2005 Page 1 of 6 EXECUTIVE SUMMARY Recommendation to approve award of bid 06 -3911 in the Amount of $771,342 to Kyle Construction, Inc., for the construction of Force Main along Manatee Road Project 73160. OBJECTIVE: To obtain approval from the Board for the construction of the force main at Manatee road. The public purpose of this contract is to replace a failing Force Main along Manatee Road. CONSIDERATIONS: This project is included in the 2003 Wastewater Master Plan Update adopted by the Board of Collier Commissioners on May 25, 2004, under item 10(D). Collier County inherited Rookery Bay Pump Station System in the late 90's as requested by FDEP. The force main was built by a private developer and at times does not meet the minimum 30" cover. The pipes used to construct this force main are low - grade PVC and in certain instances cannot withstand the vibrations of a commercial lawn tractor. The scope of work under this contract is to replace 5200 feet of 10" and 6" Force Main. In accordance with the procurement policy of Collier County, and under contract 01- 3290, Fixed Term Professional Engineering Services, dated September 10, 2002, staff approved a work order to Q Grady Minor and Associates, P.A., to provide engineering services related to the design, permitting, and construction services for the Force Main. One hundred and sixty notices were sent and two bids were submitted on November 15, 2005. The bid proposal amounts were as follows: Com an I Force Main Kyle Construction, Inc., $771,342.00 Douglas N. Higgins Inc., 1 $882,270.00 Staff reviewed the proposals and concluded that Kyle Construction Inc. has submitted the lowest, qualified and responsive proposal. This Contractor has a satisfactory performance record on previous projects involving similar work. The Engineer's estimate for the Force Main project was $841,000. The Purchasing Department and the County Clerk's Finance and Accounting Division have reviewed the information contained in this Executive Summary. FISCAL IMPACT: This project was approved by the Board in the FY06 budget on September 22, 2005. The total amount of funds required for this project is $771,342. Sufficient funds are available in project 73160. The source of funds is Wastewater User Fees. Executive Summary Award bid Contract Page 2 Agenda Item No. 16CI1 December 13, 2005 Page 2 of 6 GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. RECOMMENDATIONS: That the Board of County Commissioners, as Ex- officio the Governing Board of the Collier County Water -Sewer District approve award of the bid 06 -3911, Manatee Road Force Main Replacement to Kyle Construction Inc., in the amount of $771,342 for project 73160 and authorize the Chairman to execute the standard construction contract after review by County Attorney. Prepared BY: Shanthi Sridhar, Project Manager, Public Utilities Engineering Department. Agenda item No. I6C11 December 13, 2005 Page 3 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 16011 Item Summary: Recommendation to approve award of bid 063911 in the Amount of $771,342 to Kyle Construction, Inc., for the construction of Force Main along Manatee Road Project 73160. Meeting Date: 1213/2005 9:00.00 AM Prepared By Shanthi Sridhar Project Manager Data Public Utiibaes Public Utilities Engineering 111161200510:40:42 AM Approved By Stephen L, Nagy Wastewater Collections Manager 1Mw Public Utilities WasteWatar 11/1712005 3:43 PM Approved By Jack P. Curran Purchasing Agent Date Administrative Services Purchasing 111211200511;22 AM Approved By Steve Camail Purchasing/General Svcs Director Data Administrative Services' Purchasing 11121/200511:25AM Approved By William D. Mullin, PE Principal Project Manager Date Public Utilities Public Utilities Engineering 1112212005 11:55 AM Approved By Thomas Wides Operations Director Dot* Public Utilities Public Utilities Operations 1112312005 2:64 PM Approved By Ray B. Anderson, P.E. Public Utilities Engineering Director Date Public Utilities Public Utilities Engineering 1112812005 9:05 AM Approved By G. Georg. yiimaz Interim Wast*water Director Date Public Utilities WasteWatar 11/281200510:15 AM Approved By James W. DoLony Public Ullhfies Administrator Date Public Utilities Public Uti €hies Administration 11/2912005 9:25 AM Approved By OMB Coordinator Administrative Ass stant Date County Manager's Office Office of Management & Budget 111291200511:14 AM Approved By Susan Usher Senior ManagernentiBudget Analyst Date County Manager's (Office Office of Management & Budget 12/112005 4:53 PM Approved By Michael Smykowslo Management S Budget Director Data County Manager's Office Office of Management & Budget 12/2/2005 11:42 AM Approved By James V. 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O 3 � y C .0 ✓ co NI N y OL > O __- U > U C o a ca a3 C_ U I O d y y = N a) O � y 0 C m •� O •L fC a) w r0. y a3 i L CD Z o v -0 U y y aJ m L m Ti d 2 `m y a> CD > a .0 m 3 m m CL E o -' C 0 U (, I; n U r O U C Y CO x Q O Q- X a) a) U Q O W "— , nay y rno Q •C E C a3 B O O O y` -CO, c U •- o =O C Co CO a) L O c y CD m.•d O U C m U LL. ` N Ca (D •.r C .L— C a 7 y _ QO��J fn F- ZD) �� Agenda Item No. 16D1 December 13, 2005 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve a budget amendment to reflect an increase in the amount of $9,000 in the Older Americans Act program and authorize the Chairman to sign a contract amendment between Collier County Board of County Commissioners and the Area Agency on Aging. OBJECTIVE: The execution of this contract amendment and budget amendment is necessary to recognize an increase in grant funding in the Services for Seniors program. CONSIDERATIONS: Collier County Services for Seniors has been providing in -home support services to Collier County's frail elderly for the past 31 years through the Older Americans Act program. The Title III -B Homemaking program received an increase of $9,000. The contract period is from January 1, 2005 through December 31, 2005. GROWTH MANAGEMENT: There is no growth management impact from this recommendation. FISCAL IMPACT: FY 05 -06 budget in the Older Americans Act cost center (155972) will increase by $9,000. No additional matching funds are required. RECOMMENDATIONS: Staff recommends that the Board of County Commissioners authorize the Chairman to sign the contract and approve the necessary budget amendment. The contract has been reviewed and approved by the County Attorney's Office. Prepared by: Terri Daniels, Grant Supervisor, Human Services Department Agenda Item No. 1601 December 13.2005 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. 16D1 Item Summary: Recommendation to approve a budget amendment to reflect an increase in the amount of $9,000 In the Older Americans Act program and authorize the Chairman to sign a contract amendment between Collier County Board of County Commissioners and the Area Agency on Aging. Meeting Date: 12/13/2005 9:00:00 AM Prepared By Terri A. Daniels Grants Coordinator Date Public Services Human Soeices 11/13/2005 4:44:03 PM Approved By Barry Williams Human Services Director Date Public Services Human Services 11115/2005 4:59 PM Approved By Marla Ramsey Public Services Administrator Data Public Sarvius Public Services Admin. 11129/2005 1:19 PM Approved By OMB Coordinator Administrative Assistant Data County Manager's OHico Office of Management& Budget 11129f20054:28 PM Approved By Michael Smykovrski Management & Budget Dimctor Date County Manager's Office Office of Managennt & Budget 1112912ODS 4:51 PM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County Commissioners County Manager's Office 1113WID05 2:03 PM Agenda Item No. 16D1 December 13, 2005 AMENDMENT # 002 Agreement # OAA 203.05 Page 3 of 4 STANDARD AGREEMENT AREA AGENCY ON AGING COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS THIS AGREEMENT is entered into between the Area Agency on Aging for Southwest Florida, Inc. , hereinafter referred to as the "agency ", and the Collier County Board of County Commissioners, hereinafter referred to as the "recipient." This agreement is subject to all provisions contained in the MASTER AGREEMENT executed between the agency and the recipient, Agreement No. HM004, and its successor, incorporated herein by reference. 1. The purpose of this amendment is to increase Title IIIB Support Services by $9,000. This amendment shall be effective on October 13, 2005. All provisions in the contract and any Attachments thereto in conflict with is amendment shall be and hereby changed to conform with this amendment. All provisions not in conflict with this amendment are still in effect and are to be performed at the level specified in the contract and the Master Agreement. This amendment and all its attachments are hereby made a part of the agreement. IN WITNESS WHEREOF, the parties hereto have caused this 2 page amendment to be executed by their officials thereunto duly authorized. ATTEST: DWIGHT E. BROCK, Clerk By: Deputy Clerk Approved as to form and Legal sufficiency Assistant County Attorney FEDERAL ID NUMBER: FISCAL YEAR -END DATE: 06/30 COLLIER COUNTY HUMAN SERVICES BY: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Fred W. Coyle, Chairman Board of County Commissioners Date: October 13. 2005 AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA John Koehler Board President Date : October 13. 2005 AMENDMENT # 002 Agenda Item No. 16D1 December 13, 2005 Agreement # OAA 203.05 Page 4 of 4 Program Title Year Funding Source CFDA# Fund Amounts Older Americans Act 2005 U.S. Dept. Of Health and 93.044 -045 and Human Services 93.052 Title IIIB Support Services 2005 U.S. Dept. Of Health and 93.044 Lead Agency Operations Human Services $51,666.00 Spending Authority $301,776.00 III CI Congregate Meals 2005 U.S. Dept. Of Health and 93.045 Lead Agency Operations Human Services $38,041.00 Spending Authority $215,565.00 Title III C2 Home Delivered Meals 2005 U.S. Dept. Of Health and 93.045 Lead Agency Operations Human Services $33,247.00 Spending Authority $188,398.00 Title III E Services 2005 U.S. Dept. Of Health and 93.052 Lead Agency Operations Human Services $12,534.00 Spending Authority $71,026.00 TOTAL FUNDS CONTAINED IN THIS $912,253.00 AGREEMENT: The Legal Service allocation for Collier County is $22,231.00. PSA I & R is $38,447.00. These allocations are included in the Title III -11 spending authority allocation shown above. 2 Agenda Item No. 16D2 December 13, 2005 Page 1 of 2 EXECUTIVE SUMMARY Recommendation to approve budget amendments totaling $858,416 to ensure continuous funding of the Older Americans Act grant for 2006. OBJECTIVE: To amend the operating budget of the Older Americans Act to reflect the FY06 allocation and allow for uninterrupted support services to Services for Seniors' frail, elderly clients. CONSIDERATIONS: Collier County Services for Seniors program has been providing in -home support services to Collier County's frail elderly for the past 31 years through the Older Americans Act program. The grantor agency, Area Agency on Aging of Southwest Florida, has provided the amount to be allocated to Collier County Services for Seniors for the FY06 funding cycle. Contracts will not be received until the latter part of December 2005. Once they are received and reviewed by the County Attorney's Office, they will be submitted to the Board for approval. The grant award will be allocated as follows: Program Component Amount Title III -B Lead Agency Operations $168,360 Title III -B Spending Authority $120,188 Title C -1 Congregate Meals Operations $ 37,020 Title C -1 Congregate Meals Spending Authority $222,816 Title C -2 Home Delivered Meals Operations $ 33,281 Title C -2 Home Delivered Meals Spending Authority $1.91,693 Title III -E Caregiver Support Program $ 85,058 Total OAA Funding $858,416 GROWTH MANAGEMENT: There is no growth management impact from this recommendation. FISCAL IMPACT: The total grant amount of $858,416 is funded from the State of Florida grants and aids appropriation administered by the Area Agency on Aging of Southwest Florida and will require budget amendments to recognize the funding. A total of $45,100 in local cash matching funds was approved in the FY06 budget as a contribution from the General Fund (001) to Services for Seniors (123). RECOMMENDATIONS: Staff recommends that the Board of County Commissioners approve the necessary budget amendments to ensure continuous funding of the Older American Act grant. Prepared by: Terri Daniels, Grant Supervisor, Human Services Department Agenda Item No. 16D2 Derember 13. 2065 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. 16D2 Item Summary: Recommendation to approve budget amendments totaling $058,416 to ensure continuous funding of the Older Americans Act grant for 2006. Meeting Date: 12/7312005 9.00:00 AM Approved By Barry Williams Human Services Director Dab Public Services Human Services 11/15/2005 5 :03 PM Approved By Maria Ramsey Public Services Administrator Data Public Services Public Services Admin. 1112912006 4:39 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 1113012005 9:16 AM Approved By Gary A. Vincent Management & Budget Analyst net. County Managers Office Office of Management & Budget 11130!2005 10:10 AM Approved By Michael Smyliomid Management & Budget Director Date County Manager's Office Office of Management & Budget 1 V301200 3:02 PM Approved By Lao E. Ochs, Jr. Deputy County Manager Date Board of County Commissioners County Manager's Office 11130/2000 4:25 PM Agenda Item No. 16D3 December 13, 2005 Page 1 of 11 EXECUTIVE SUMMARY Recommendation to approve South Florida Water Management District Local Governmental Agreement No. OT060123 in the amount of $100,000 as partial funding for construction of the Irrigation System at North Collier Regional Park OBJECTIVE: To conserve water resources while maintaining the highest quality park facilities at the lowest possible cost by utilizing available grants programs. CONSIDERATIONS: On July 26, 2005, the Board approved submittal of a grant application to the Big Cypress Basin/South Florida Water Management District (BCB /SFWMD) for funds to offset the cost for the construction of the Irrigation System at North Collier Regional Park. Funds in the amount of $3,187,679 were allocated to Collier County for this fiscal year's allocation of grants from SFWMD, with $100,000 towards this project." The public purpose of this project is to provide adequate irrigation for the North Collier Regional Park utilizing irrigation quality water instead of potable water sources. The irrigation system at North Collier Regional Park is state -of -the -art, using reuse water, designed by irrigation designer James Abney and installed by Stahlmann Irrigation, and will irrigate approximately 60 acres of softball and soccer fields. The Purchasing Department, the County Attorney's Office, and the County Clerk's Finance and Accounting Division have reviewed and approved the information contained in this Executive Summary and all the attachments. The County Attorney's Office has approved this contract for form and legal sufficiency. FISCAL IMPACT: The total project cost is for North Collier Regional Park is approximately $58 million. The irrigation line item on Kraft Construction's Construction Manager at Risk Contract is $1,174,900. South Florida Water Management District is offering grant funding in the amount of $100,000. The matching funds are available in the FY 06 Capital Budget approved by the Board of County Commissioners on September 27, 2005. Current appropriations for the total project cost are identified in the Regional and Community Park Impact Fee Fund (346), North Collier Regional Park Project (80602). Approval of a budget amendment is requested whereby the grant revenue will be recognized and appropriated to the project. GROWTH MANAGEMENT IMPACT: North Collier Regional Park is inventoried in the Growth Management Plan. The park's irrigation system is consistent with Policy 4.2.5 of the Conservation and Coastal Management Element, which states that the County will "Evaluate and make recommendations, where appropriate, for plumbing fixtures and landscapes that are designed for water conservation purposes." RECOMMENDATION: That the Board of County Commissioners: 1. Approves the attached South Florida Water Management District Agreement No. OT060123 as partial funding for construction of the Irrigation System at North Collier Regional Park. Agenda Item No. 16D3 December 13, 2005 Page 2 of 11 2. Approves any necessary budget amendments. 3. Authorizes the Chairman of the Board of County Commissioners to execute the Agreement after approval by the County Attorney's Office. PREPARED BY: Amanda Townsend, Operations Analyst, Parks and Recreation Department 2 Agenda Item No. 16D3 December 13, 2005 Page 3 of 11 COLLIER COUNTY BOARD OF COUNTY COMMISSIONER$ Item Number. 15D3 Item Summary: Recommendation to approve South Florida Water Management District Local Governmental Agreement No. OT060123 In the amount o` $100,000 as partial funding for construction of the Irrigation System at North Collier Regional Park, Meeting Date: 12/13/2005 9:00:00 AM Approved By Mariana J. Foots Grants Coordinator Date Administrative Services Administrative Servicas Admin. 11122120053:03 PM Approved By Kathy Carpenter lEcecutive Secretary Data Public Services Public Servicas Admin. 11/29/200510:54 AM Approved By Maria Ramsey Public Services Administrator Date Public Services Public Services Admin. 1112912005 4:42 PM Approved By OMB Coordinator Administrative Assistant Data County Managers office Office of Management & Budget 1113012005 4:19 AM Approved By Micheal Smykowski Management & Budget Director Date County Managar's Office Office of Management & Budget 12!2.2005 2;52 PM Approved By .lames V. Mudd County Manager Date Board of County Commissioners County Manager's tics 121512005 6:20 PM Agenda Item No. 16D3 December 13, 2005 Page 4 of 11 - _ SOUTH FLORIDA WATER MANAGEMENT DISTRICT LOCAL GOVERNMENTAL AGREEMENT AGREEMENT NO. OT060123 BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND COLLIER COUNTY PUBLIC UTILITIES THIS AGREEMENT is entered into as of by and between the South Florida Water Management District (DISTRICT) and Collier County Public Utilities (ENTITY). WHEREAS, the DISTRICT is a public corporation of the State of Florida, created by the Florida Legislature and given those powers and responsibilities enumerated in Chapter 373, Florida Statutes, to include entering into contracts with public agencies, private corporations or other persons; and WHEREAS, the DISTRICT desires to provide financial assistance to the ENTITY for the irrigation system at North Regional Park; and WHEREAS, the ENTITY warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms and conditions of this AGREEMENT; NOW, THEREFORE, in consideration of the covenants and representations set forth herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. The DISTRICT agrees to contribute funds and the ENTITY agrees to perform the work set forth in Exhibit "A" attached hereto and made a part hereof, subject to availability of funds and in accordance with their respective authorities, to install an irrigation system at North Regional Park using reclaimed water from the adjacent North Water Reclamation Facility to irrigate approximately 60 acres of softball and soccer fields. 2. The period of performance of this AGREEMENT shall commence on the date of execution of this AGREEMENT and shall continue for a period of one (1) year. The total DISTRICT contribution shall not exceed the amount of One Hundred Thousand Dollars and No Cents ($100,000.00). The DISTRICT will provide the full amount based on the Payment and Deliverable Schedule set forth in Exhibit "B ", which is attached hereto and made a part of this AGREEMENT. The DISTRICT's contribution is subject to adequate documentation to support actual expenditures within the not -to- exceed AGREEMENT funding limitation of $100,000.00. In no event shall the DISTRICT be liable for any contribution hereunder in excess of this amount. If the total consideration for this AGREEMENT is subject to multi-year funding allocations, funding for each applicable fiscal year of this AGREEMENT will be subject to Governing Board budgetary appropriation. In the event the DISTRICT does not approve funding for any subsequent fiscal year, this AGREEMENT shall terminate upon expenditure of the current funding, notwithstanding other provisions in this AGREEMENT to the Agreement No. OT060123, Page 1 of 5 Agenda Item No. 16D3 December 13, 2005 Page 5 of 11 contrary. The DISTRICT will notify the ENTITY in writing after the adoption of the final DISTRICT budget for each subsequent fiscal year if funding is not approved for this AGREEMENT. 4. The ENTITY shall submit quarterly financial reports to the DISTRICT providing a detailed accounting of all expenditures incurred hereunder throughout the term of this AGREEMENT. The ENTITY shall report and document the amount of funds expended per month during the quarterly reporting period and the AGREEMENT expenditures to date within the maximum not -to- exceed AGREEMENT funding limitation. 5. The ENTITY shall cost share in the total amount of Ten Million Nine Hundred Fifty -one Thousand Two Hundred Eighty -five Dollars and No Cents ($10,951,285.00) in conformity with the laws and regulations governing the ENTITY. 6. All work to be performed under this AGREEMENT is set forth in Exhibit "A ", Statement of Work, which is attached hereto and made a part of this AGREEMENT. The ENTITY shall submit quarterly progress reports detailing the status of work to date for each task. The work specified in Exhibit "A" shall be under the direction of the ENTITY but shall be open to periodic review and inspection by either party. No work set forth in Exhibit "A" shall be performed beyond the expiration date unless authorized through execution of an amendment to cover succeeding periods. 7. The ENTITY is hereby authorized to contract with third parties (subcontracts) for services awarded through a competitive process required by Florida Statutes. The ENTITY shall not subcontract, assign or transfer any other work under this AGREEMENT without the prior written consent of the DISTRICT's Project Manager. The ENTITY agrees to be responsible for the fulfillment of all work elements included in any subcontract and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the ENTITY that the DISTRICT shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontracks). 8. Both the DISTRICT and the ENTITY shall have joint ownership rights to all work items, including but not limited to, all documents, technical reports, research notes, scientific data, computer programs, including the source and object code, which are developed, created or otherwise originated hereunder by the other party, its subcontractor(s), assign(s), agents) and/or successor(s) as required by the Exhibit "A ", Statement of Work. Both parties' rights to deliverables received under this AGREEMENT shall include the unrestricted and perpetual right to use, reproduce, modify and distribute such deliverables at no additional cost to the other party. Notwithstanding the foregoing, ownership of all equipment and hardware purchased by the ENTITY under this AGREEMENT shall be deemed to be the property of the ENTITY upon completion of this AGREEMENT. The ENTITY shall retain all ownership to tangible property. 9. The ENTITY, to the extent permitted by law, assumes any and all risks of personal injury, bodily injury and property damage attributable to negligent acts or omissions of the ENTITY and the officers, employees, servants and agents thereof. The ENTITY represents that it is self-funded for Worker's Compensation and liability insurance, covering bodily injury, personal injury and property damage, with such protection being applicable to the ENTITY, its officers and employees while acting within the scope of their employment during performance of this AGREEMENT. In the event that the ENTITY subcontracts any part or all of the work hereunder to any third parry, the ENTITY shall require each and every subcontractor to identify the DISTRICT as an additional insured on all insurance policies as required by the ENTITY. Any contract awarded by the ENTITY shall include a provision whereby the ENTITY's subcontractor agrees to indemnify, pay on behalf, and hold the DISTRICT harmless from all damages arising in connection with the ENTITY's subcontract. 10. The ENTITY and the DISTRICT further agree that nothing contained herein shall be construed or interpreted as (1) denying to either party any remedy or defense available to such party under the laws of the State of Florida; (2) the consent of the State of Florida or its agents and agencies to be sued; or (3) a waiver of sovereign immunity of the State of Florida beyond the waiver provided in Section 768.28, Florida Statutes. Agreement No. OT060123, Page 2 of 5 Agenda Item No. 16D3 December 13, 2005 Page 6 of 11 11. The parties to this AGREEMENT are independent entities and are not employees or agents of the other parties. Nothing in this AGREEMENT shall be interpreted to establish any relationship other than that of independent entities, between the DISTRICT, the ENTITY, their employees, agents, subcontractors or assigns, during or after the term of this AGREEMENT. The parties to this AGREEMENT shall not assign, delegate or otherwise transfer their rights and obligations as set forth in this AGREEMENT without the prior written consent of the other parties. Any attempted assignment in violation of this provision shall be void. 12. The parties to this AGREEMENT assure that no person shall be excluded on the grounds of race, color, creed, national origin, handicap, age or sex, from participation in, denied the benefits of, or be otherwise subjected to discrimination in any activity under this AGREEMENT. 13. The ENTITY, its employees, subcontractors or assigns, shall comply with all applicable federal, state and local laws and regulations relating to the performance of this AGREEMENT. The DISTRICT undertakes no duty to ensure such compliance, but will attempt to advise the ENTITY, upon request, as to any such laws of which it has present knowledge. 14. Either party may terminate this AGREEMENT at any time for convenience upon thirty (30) calendar days prior written notice to the other party. In the event of termination, all funds not expended by the ENTITY for authorized work performed through the termination date shall be returned to the DISTRICT within sixty (60) days of termination. 15. The ENTITY shall allow public access to all project documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. Should the ENTITY assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the ENTITY.. 16. The ENTITY shall maintain records and the DISTRICT shall have inspection and audit rights below. The ENTITY shall similarly require each subcontractor to maintain and allow access to such records for audit purposes: A. Maintenance of Records: The ENTITY shall maintain all financial and non - financial records and reports directly or indirectly related to the negotiation or performance of this AGREEMENT including supporting documentation for any service rates, expenses, research or reports. Such records shall be maintained and made available for inspection for a period of five (5) years from the expiration date of this AGREEMENT. B. Examination of Records: The DISTRICT or designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this AGREEMENT. Such examination may be made only within five (5) years from the expiration date of this AGREEMENT. C. Extended Availability of Records for Legal Disputes: In the event that the DISTRICT should become involved in a legal dispute with a third party arising from performance under this AGREEMENT, the ENTITY shall extend the period of maintenance for all records relating to the AGREEMENT until the final disposition of the legal dispute. All such records shall be made readily available to the DISTRICT. 17. Whenever the DISTRICT's contribution includes state or federal appropriated funds, the ENTITY shall, in addition to the inspection and audit rights set forth in paragraph #16 above, maintain records and similarly require each subcontractor to maintain and allow access to such records in compliance with the requirements of the Florida State Single Audit Act and the Federal Single Audit Act, as follows: A. Maintenance of Records: The DISTRICT shall provide the necessary information to the ENTITY as set forth in Exhibit "C ". The ENTITY shall maintain all financial/non- financial records through: (1) Identification of the state or federal awarding agency, as applicable (2) Project identification information included in the Catalog of State Financial Assistance (CSFA) or the Catalog of Federal Financial Assistance (CFDA), as applicable Agreement No. OT060123, Page 3 of 5 Agenda Item No. 16D3 December 13, 2005 Page 7 of 11 (3) Audit and accountability requirements for state projects as stated in the Single Audit Act and applicable rules of the Executive Office of Governor, rules of the Chief Financial Officer and rules of the Auditor General and the State Projects Compliance Supplement (4) Audit/accountability requirements for federal projects as imposed by federal laws and regulations (5) Submission of the applicable single audit report to the DISTRICT, as completed per fiscal year B. Examination of Records: The DISTRICT or designated agent, the state awarding agency, the state's Chief Financial Officer and the state's Auditor General and/or federal awarding agency shall have the right to examine the ENTITY's financial and non - financial records to the extent necessary to monitor the ENTITY's use of state or federal financial assistance and to determine whether timely and appropriate corrective actions have been taken with respect to audit findings and recommendations which may include onsite visits and limited scope audits. 18. All notices or other communication regarding this attention of the following individuals: South Florida Water Management District Attn: Maximo Guerra, Project Manager Telephone No. (239) 597 -1505 ext 7612 AGREEMENT shall be in writing and forwarded to the Collier County Public Utilities Attn: Amanda Townsend, Project Manager Telephone No. (239) 353 -0404 Attn: Bernadette Harrison, Contract Specialist Address: Telephone No. (561) 682 -6378 3300 Santa Barbara Boulevard Naples, FL 34116 -6601 Address. F.O. Box 24680 3301 Gun Club Road West Palm Beach, FL 334164680 - 19. ENTITY recognizes that any representations, statements or negotiations made by DISTRICT staff' do not suffice to legally bind DISTRICT in a contractual relationship unless they have been reduced to writing and signed by an authorized DISTRICT representative. This AGREEMENT shall inure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. 20. This AGREEMENT may be amended, extended or renewed only with the written approval of the parties. The DISTRICT shall be responsible for initiating any amendments to this AGREEMENT, if required. 21. This AGREEMENT, and any work performed hereunder, is subject to the Laws of the State of Florida. Nothing in this AGREEMENT will bind any of the parties to perform beyond their respective authority, nor does this AGREEMENT alter the legal rights and remedies which the respective parties would otherwise have, under law or at equity. 22. Should any terns or provision of this AGREEMENT be held, to any extent, invalid or unenforceable, as against any person, ENTITY or circumstance during the term hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this AGREEMENT, to the extent that the AGREEMENT shall remain operable, enforceable and in full force and effect to the extent permitted by law. 23. Failures or waivers to insist on strict performance of any covenant, condition, or provision of this AGREEMENT by the parties shall not deemed a waiver of any of its rights or remedies, nor shall it relieve the other party from performing any subsequent obligations strictly in accordance with the terms of this AGREEMENT. No waiver shall be effective unless in writing and signed by the party against whom enforcement is sought Such waiver shall be limited to provisions of this AGREEMENT specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. 24. Any dispute arising under this AGREEMENT which cannot be readily resolved shall be submitted jointly to the signatories of this AGREEMENT with each party agreeing to seek in good faith to resolve the issue through negotiation or other forms of non - binding alternative dispute resolution mutually acceptable to the parties. A joint decision of the signatories, or their designees, shall be the disposition of such dispute. Agreement No. OT060123, Page 4 of 5 Agenda Item No. 16D3 December 13, 2005 Page 8 of 11 25, This AGREEMENT states the entire understanding and agreement between the parties and supersedes any and all written or oral representations, statements, negotiations, or agreements previously existing between the parties with respect to the subject matter of this AGREEMENT. 26. Any inconsistency in this AGREEMENT shall be resolved by giving precedence in the following order: (a) Terms and Conditions outlined in preceding paragraphs 1— 24 (b) Exhibit "A" Statement of Work (c) all other exhibits, attachments and documents specifically incorporated herein by reference IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute this AGREEMENT on the date first written above. SFWMD PROCUREMENT APPROVED Date: SOUTH FLORIDA WATER MANAGEMENT DISTRICT BY ITS GOVERNING BOARD M Frank Hayden, Procurement Director COLLIER COUNTY PUBLIC UTILITIES By: Title: Agreement No. OT060123, Page 5 of 5 Exhibit "A" Statement of Work Irrigation System at North Regional Park Collier County Public Utilities A. Introduction Agenda Item No. 16D3 December 13, 2005 Page 9 of 11 Collier County is constructing a community park, North Regional Park, which will be co -sited adjacent to the North Water Reclamation Facility (NWRF) and the North East Regional Water Treatment Plant (NERWTP). The park will include approximately 60 acres of park for local community members. B. Objectives In accordance with the County's goals to utilize alternative water for irrigation needs, the park will be irrigated with reclaimed water from the adjacent NWRF. C. Scope of Work The irrigation system at North Regional Park is state -of -the art, using reuse water, designed by James Abney, irrigation designer and installed by Stahlmann Irrigation, and will irrigate approximately 60 acres of softball and soccer fields. Additional expenses are the installation of the reuse water line down Livingston Road and an upgrade from Bermuda grass to water- saving seashore paspallum. Collier County is requesting $100,000 as partial funding for the Irrigation System of the North Regional Park. The irrigation portion of the project is included in Task 2 and is scheduled for completion by 05/06. D. Work Breakdown Structure The major tasks of the project are: 1. Engineering Design 2. Civil/Site Work/irrigation 3. Concrete & Still 4. Architectural 5. Equipment 6. Plumbing 7. Fire Protection 8. HVAC 9. Electrical Exlubit "A" to Agreement No. OT060123, Page 1 of 2 E. Summary Schedule of Task and Deliverables Task Description Cost 1. Engineering Design 2. Civil /Site Work/Irrigation 3. Concrete & Still 4. Architectural 5. Equipment 6. Plumbing 7. Fire Protection 8. HVAC 9. Electrical F. Contact Information Previously completed Agenda Item No. 16D3 December 13, 2005 Page 10 of 11 SFWMD Due Date Share $11,051,285 $100,000 05106 $7,676,597 05106 $5,756,049 05/06 $6,014,641 05/06 $375,130 05/06 $77,100 05/06 $762,635 05/06 $1,904,362 05/06 Total SFWMD Share $100,000 Collier County Project Manager Name Ms. Amanda Townsend Address 3300 Santa Barbara Blvd. Naples, Florida 34116 -6601 Phone I 239) 353 -0404 Fax (239) 353 -1002 Email amandatownsend@colliergov.net Exhibit "A" to Agreement No. OT060123, Page I of 2 EXHIBIT "B" PAYMENT AND DELIVERABLE SCHEDULE Irrigation System at North Regional Park Agenda Item No. 16D3 December 13, 2005 Page 11 of 11 Total payment by the District to the Entity shall not exceed the amount of $100,000.00. All payments are subject to District fiscal year appropriations. All invoices shall be accompanied by adequate documentation to support actual expenditures incurred by the Entity within the not -to- exceed amount specified below in accordance with Article 3 of the Agreement. The Entity shall be responsible for all aspects of managing and completing the project. Taa ; Des on Deliverable 0" 1. Engineering Design Completed 2. Civil /Site Work/ Irrigation Completion Report $11,051,285 $100,000 05/06 3. Concrete & Still $7,676,597 05/06 4. Architectural $5,756,049 05/06 5. Equipment $6,014,641 05/06 6. Plumbing $375,130 05/06 7. Fire Protection $77,100 05/06 8. HVAC $762,635 05/06 9. Electrical $1,904,362 05/06 10 i Si0i 00�y, 4 ArI����IA• I���I��! III /�rf•I���ly/ Exhibit "B" to Agreement No. OT060123, Page 1 of 1 Agenda Item No. 16D4 December 13, 2005 Page 1 of 28 EXECUTIVE SUMMARY Recommendation to adopt a Resolution repealing all previous resolutions establishing and amending parts of the Collier County Parks and Recreation Department Facilities and Outdoor Areas License and Fee Policy and establishing the policy anew Objective: To generate revenue sufficient to offset program and facilities costs. Considerations: The Parks and Recreation Advisory Board recommends to the Board of County Commissioners that the existing Parks and Recreation Department Facilities and Outdoor Areas License and Fee Policy as amended be repealed and established anew to provide for multiple changes and additions within the policy. Major changes within the fee structure are as follows: Beach Parking Fee. The proposed fee is to charge the daily parking fee to all users of Vanderbilt Parking garage, whether or not they hold a beach parking permit. Athletic League Adult Player Fees. The proposed fee eliminates a two - tiered fee structure for adult players in Naples and Immokalee. A lower fee remains, however, for youth player fees in Immokalee. Athletic Tournament Fees. The fee policy has not previously established a fee for athletic tournaments. The opening of North Collier Regional Park necessitates an established rational nexus for determining tournament fees. Pelican Bay Tennis Fees. The fee policy has not previously established a fee for the Pelican Bay Tennis Facility. The Department now has direct operation of this facility, so fees are established in the policy. Skate Park Fees. The fee policy has not previously established a fee for skate park facilities. The Department now has direct operation of East Naples Skate Park and has opened Wheels at Golden Gate Community Center, so fees are established in the policy. North Collier Regional Park Aquatic Facility Fees. The opening of North Collier Regional Park necessitates establishment of these fees. Fitness Pass Fees. The opening of North Collier Regional Park necessitates establishment of new fitness pass types and associated fees. Specialty Camp Fees. The Department has expanded its specialty camp offering beyond Park Ranger Camp to include sailing, sports, etc. This will establish a rational nexus for determining specialty camp fees. Agenda Item No. 16D4 December 13, 2005 Page 2 of 28 The Parks and Recreation Advisory Board reviewed and approved the proposed fees unanimously at its November 16, 2005 meeting. Fiscal Impact: The daily parking fee for the Vanderbilt Parking Garage for beach parking permit holders is not included in the FY 06 Parks and Recreation budget. All other fees outlined in the proposed policy are included in the appropriate budgets within the FY 06 Parks and Recreation appropriations. Growth Management Impact: No Growth Management Impact is associated with this action. Recommendation: That the Board of County Commissioners adopts the proposed Resolution repealing all previous resolutions establishing and amending parts of the Collier County Parks and Recreation Department Facilities and Outdoor Areas License and Fee Policy and establishing the policy anew and authorizes the Chairman to sign. Prepared by: Amanda Townsend, Operations Analyst, Parks and Recreation Item Number. Item Summary: Meeting Date: Approved By Kathy Carpenter Public Services Agenda Item No. 16D4 December 13, 2005 Page 3 of 28 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16D4 Recommendation to adopt a Resolution repealing all previous resolutions establishing and amending pans of the Collier County Parks and Recreation Department Facilities and Outdoor Areas License and Fee Polley and establishing the policy anew. 12/1312005 9:00:00 AM Executive Secretary Public Services Admin. Bate 11/29/2005 3:19 PM Approved By Marta Ramsay Public Services Administrator Data Public Services Public Services Admin. 1112912005 4:38 PM Approved By OMS Coordinator Administrative Assistant Daft County Manager's Office Office of Management & Budget 1113012005 8:19 AM Approved By Gary A.'Ancent Management & Budget Analyst Date County Manager's Office Office of Management & Budget 11130!200511:38 AM Approved By Michael Smykavrski Management & Budget Director Date County Manager's Office Office of Management & Budget 11!3012005 3:00 PM Approved By James Y. Mudd County Manager Day Board of County Commissioners County Manager's Office 12!1!2005 S:02 PM Agenda Item No. 16D4 December 13, 2005 Page 4 of 28 RESOLUTION No. 2005 -_ A RESOLUTION OF COLLIER COUNTY, FLORIDA, REPEALING ALL PREVIOUS RESOLUTIONS ESTABLISHING AND AMENDING PARTS OF THE COLLIER COUNTY PARKS AND RECREATION DEPARTMENT FACILITIES AND OUTDOOR AREAS LICENSE AND FEE POLICY AND ESTABLISHING THE POLICY ANEW WHEREAS, the Parks and Recreation advisory Board has recommended to the Board of County Commissioners that the existing Parks and Recreation Department Facilities and Outdoor Areas License and Fee Policy as amended be repealed and established anew to provide for multiple changes and additions within the policy; WHEREAS, the Board of County Commissioners hereby accepts the recommendations of the Parks and Recreation Advisory Board; NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY THAT: 1. The Collier County Parks and Recreation Department Facilities and Outdoor Areas License and Fee Policy, as established in Resolution 85 -251 and amended in Resolutions 92 -552, 93 -84, 94 -24, 94 -848, 95 -548, 95 -629, 96 -364, 96 -467, 96- 556, 97 -301, 98 -389, 99 -375, 2000 -335, 2001 -126, 2001 -481, 2002 -313, 2004- 346, and 2005 -336, is hereby further repealed and replaced with the following: PURPOSE The purpose of this policy is to ensure maximum use of facilities, outdoor areas and programs in Collier County and provide equitable fees and charges collected from users of such facilities, outdoor areas or programs. II. LIMITATIONS The Parks and Recreation Director, or designee, may waive enforcement or application of any of these regulations or restrictions with respect to any facility, outdoor areas, or program provided such waiver does not interfere with public safety or enjoyment. No fees may be waived. No non - government entity shall charge an admission fee to any out of doors event, including aquatic facilities. The Board of County Commissioners shall set fees and charges for all facilities and programs. Consistent with Collier County's policy of ensuring all citizens equal opportunity to participate in programs, any resident requesting special consideration must substantiate to the Parks and Recreation Director proof of financial need. All information provided is not confidential but will be used only for the purpose of establishing reduced or waived program fees. Rates and charges can be modified on a case -by -case basis if approved by the Director of Parks and Recreation for special promotional sales and advertisements. III. CLASSIFICATIONS A. Facility License Definitions and Uses 1. Outdoor Areas: Open space or land owned or leased by the Parks and Recreation Department. Such outdoor areas shall include, but not limited to, sports fields, playgrounds, swimming pools and /or other park and recreation land areas, excluding Golden Gate Community Center. (As to Golden Gate Community Center, refer to Section O, Agenda Item No. 16D4 December 13, 2005 Page 5 of 28 herein). Outdoor areas shall be used for those purposes designated or implicit in their character. Any deviation from normal appropriate use shall require express prior permission from the Parks and Recreation Director or designee. 2. Facilities: Buildings and dwellings owned or leased by the Parks and Recreation Department. Such facilities include, but are not restricted to, community center areas and rooms, gymnasiums, pavilions, shelters, and other areas located in the Parks and Recreation structures, excluding the Golden Gate Community Center. (As to Golden Gate Community Center, refer to Section O, herein). Facilities shall be used for those purposes designated or implicit in their character. Any deviation from these intended normal uses shall require express prior permission from the Parks and Recreation Director, or Designee. 3. Programs: Recreation activities conducted on land or in facilities owned or ]eased by Collier County. Such activities include, but are not restricted to: athletic, clinic, instructional and interpretative seminars for preschool, youth, adult, senior and special populations. Any deviation from these intended normal uses shall require express permission from the Parks and Recreation Director, or designee. 4. Vehicle Parking Fees: Parking lots at Collier County beach parks and accesses. To include, but not limited to, the following: Tigertail Beach, Barefoot Beach Access, Barefoot Beach Preserve, Clam Pass Park, Vanderbilt Beach, North Gulf Shore Access, and South Marco Beach Access. 5. Boat Launch Fees: Ramp use at Collier County owned and operated boat launch facilities to include, but not limited to, Bayview Park, Cocohatchee River Park, Caxambas Park, and Collier Boulevard Boating Park. B. User Categories — Applicable to all indoor and outdoor areas Governmental entities are not subject to fees. All other facility users shall have their fees determined by the category of the entity. Note: All parks shall remain open to the public. The two categories are: 1. Category I — Federal Income Tax Exempt Entities, Registered Charities, Not - for - Profit Groups. a. Federal Income Tax Exempt Entities Groups that are exempt from taxation under any subsection of Section 501(c) of the Internal Revenue Code. The following civic associations will not be subject to fees for their one general membership meeting per month: East Naples Civic Association, Golden Gate Estates Civic Association, Golden Gate Civic Association, Immokalee Civic Association, and Second District Association. b. Specified Sales Tax Exempt Entities Those entities that are exempt from Florida sales taxes pursuant to Subsection 212.08 (7), Florida Statutes such as a home for the aged, nursing home, hospice, or an organization whose primary purpose is to provide special educational, cultural, recreational, or social benefits to minors, or is a religious, charitable, scientific, educational, or veterans' organization. c. Local Not - for - Profit Groups Agenda Item No. 16D4 December 13, 2005 Page 6 of 28 Entities, irrespective of tax exempt status, which are not - for - profit corporations, organizations or other not - for - profit entities that are of Collier County origin, have their principal location in Collier County, and of which fifty per cent (50 %) of the group's membership are residents of Collier County, with a primary purpose to provide social services to others or to protect interests outside of the group, such as the environment, endangered animals, disadvantaged persons, or some other similar external interest. The primary focus of these groups is outward looking and away from the personal interests of the group's members. d. Other Local Not - for - Profit Groups Those entities, irrespective of tax exempt status, which are not -for- profit corporations, organizations or other not- for - profit entities that are of Collier County origin, have their principal location in Collier County, and of which fifty per cent (50 %) of the group's membership are residents of Collier County, but the group's primary purpose is not to provide social services to individuals who are not bona fide members of the group or is not to protect interests outside of the group. This category includes property owners' associations, political groups, and all other special interest oriented teams or clubs such as hobbyists' clubs, chess clubs, radio clubs, hunters and fishermen clubs, stamp, coin, and other collectors' clubs; garden clubs, car clubs, and all other similar clubs, groups or organizations. The primary focus of these groups is inward toward the group's members. e. Fund Raising Activities Each Category I individual, group, organization or entity involved in any fund raising activity must pay full fees as described in IV.B. Category II — User Fees. Fund raising activities include: 1. Charging in advance for an admission ticket or requiring any tangible thing of value for admission to, or to participate in, any activity at any County parks facility, or, 2. Requiring any donation of money or any other tangible thing of monetary value, or, 3. Selling or bartering any tangible thing of monetary value. Fund raising activities do not include: 1. Season sign up fees for persons to join league as a team member or team participant. 2. The sale of educational materials for use as study materials for students attending class conducted at the park facility. Such sales must be at or below the seller's actual costs. 3. Category Il — All Others A. Each individual, group, organization or entity that is not within Category I. IV. FEE STRUCTURE — (All fees are exclusive of sales taxes). A. Category I User Fees 1. Facility Rates (excluding league play and special facilities; i.e., swimming pool, etc.) Agenda Item No. 16134 December 13, 2005 Page 7 of 28 -Facility Type Rate Per Hour Indoor Room under 1,500 sq ft $10.00 Indoor Room 1,501 - 3,000 sq ft $15.00 Indoor Room 3,001 sq ft & over $20.00 Gymnasium $30.00 Small Pavilion $10.00 Large Pavilion $20.00 Su den Amphitheater $30.00 Open Green Space (100 x 100) $10.00 Athletic Facilities for General Use (i.e. Special Events, Picnics, Carnivals, etc.) $30.00 Athletic Facilities for Athletic Use (Football /Soccer, Soft/Baseball, Little League, Sports Pavilion, Roller Hockey) $15.00 Basketball/Racquetball/Volleyball/Tennis Courts $5.00 Li hts $10.00 Su den Regional Park for a Countywide Event $800 pert 2. Fund raising rates are $20.00 added to hourly rate above. B. Category II User Fees 1. Facility Rates (excluding special facilities; i.e., swimming pool, etc.) Facility Type Rate Per Hour Deposit Indoor Room under 1,500 sq ft $25.00 Indoor Room 1,501 - 3,000 sq ft $45.00 Additional non - security staff Indoor Room 3.001 sq ft & over $60.00 Gymnasium $60.00 $100.00 Small Pavilion $10.00 by depart ent Large Pavilion $20.00 Su den Amphitheater $60.00 $60.00 Su den Green Space $60.00 Open Green Space (100 x 100) $20.00 Athletic Facilities for General Use (i.e. Special Events, Picnics, Carnivals, etc.) $30.00 $80.00 Athletic Facilities for Athletic Use (Football /Soccer, Soft/Baseball, Little League, Sports Pavilion, Roller Hockey) $40.00 Basketball/Rac uetball/Volle ball/Tennis Courts $12.00 Lights $10.00 Su den Regional Park for a Countywide Event $1,200 per day 2. Fund raising rates are $20.00 added to hourly rate above. C. Additional Fees: Categories I and II Service Additional Fee Per Hour Rental during non- business hours $20.00 (hours that are not normal departmental operation) Additional non - security staff $15.00 per staff member members Additional security staff members $20.00 per hour per staff member needed as determined by depart ent Agenda item No. 16D4 December 13, 2005 Page 8 of 28 Light fees (where not specified) $10.00 per hour Special requests or additional clean up required Per hour fee determined by department, based on cost D. Beach Parking Facilities Fees; Boat Launch Facilities Fees 1. Beach Parking Facilities Fees Beach parking facilities, including and not limited to, Barefoot Beach Preserve, Barefoot Beach Access, Clam Pass Park, North Gulf Shore Access, Tigertail Beach, South Marco Beach Access have a parking fee, inclusive of sales tax, at a rate of $5.00 per day. Collier County residents may obtain a beach parking permit at no charge. Permits will be valid for 2 years. Vehicles with permits will be exempt from daily parking fees at all beach parking facilities except the Vanderbilt Parking Garage. All users of the Vanderbilt Parking Garage will be charged a $5.00 daily fee, whether they hold a beach parking sticker or not. 2. Boat Launch Facilities Fees Boat launch facilities, including and not limited to, Caxambas Park, Cocohatchee River Park, Collier Boulevard Boating Park, and Bayview Park, shall have a launch fee, inclusive of sales tax, at a rate of $5.00 per launch per day. All residents and visitors may purchase boat launch permits for an annual fee of $75.00. These permits are available at all Collier County Parks and Recreation Community Centers. Commercial permits for launch facilities may be acquired at the Collier County Parks and Recreation Department Administration Office for a cost of $100.00 per vehicle plus the $5.00 fee per launch or $500.00 per commercial entity with no launch fee required. Commercial entities purchasing the $500.00 permit are eligible to use up to 5 vehicles for launches. Additional vehicle permits must be purchased for $100.00 each. All permits are good from January 1 to December 31. E. Concession Fees 1. Concession Booth/Location in Conjunction with Rental A $25.00 fee per day or 20% of gross revenues per day, whichever is greater, for each concession booth or location. 2. Concessionaires contracted by the County to serve the general public will pay a negotiated fee in lieu of the general facility use fee schedule. 3. Organizations operating concessions for leagues will be charged $5.00 per hour of operation. F. Reserved G. Instructional Fees (Contractual Instructors) 1. Programs Fee Assessment: per hour or per participant basis. 2. Non -Staff Instructor(s): Any costs for supplies and equipment will be subtracted from the class fee and the balance of the funds will be split between the non -staff instructor(s) and the County as follows: 65% to the non -staff instructor(s) and 35% to the County for all such instructional programs conducted on Collier County facilities. After subtraction, the pro- ration for instructional programs conducted on non - county facilities shall be 70% to the non -staff instructor(s) and 30% to the County. Agenda Item No. 16D4 December 13, 2005 Page 9 of 28 -- H. Athletics 1. Collier County Parks and Recreation Leagues Program Minimum registration fee Women's Softball per participant per league Church Leagues play Adult $30.00 Youth $30.00 Youth Immokalee $ 5.00 Leagues charged on a fee per participant basis may require a sponsor fee. Alternately, leagues may be charged a combined sponsor and players' fee per team as follows: Men's Softball $860.00 Women's Softball $540.00 Church Leagues $710.00 Men's 35+ $760.00 Leagues will be charged light fees for practices, but not for scheduled league games. Immokalee leagues will not be charged light fees for practices. 2. Collier County Parks and Recreation Co- sponsored Leagues Fees are applicable to Category I users only. League Type Fee per participant per league play Adult $30.00 Youth $1.00 (includes play -offs or per registered youth per week all -star play) of league play Leagues will be charged light fees for practices, but not for scheduled league games. 3. Clinics: Pro - rations: a. For clinics conducted on any County facility, 65% of the fees go to the group or individual(s) and 35% of the fees go to the County. b. For clinics conducted on any non - County facility, 70% of the fees to the group or individual(s) and 30% of the fees to the County. c. An additional hourly rate will be charged for the facility if the clinic serves a fund raising purpose. 4. Tournament Fees Fees will be determined on a tournament -by- tournament basis based on, but not limited to, the following criteria: direct operational costs, duration of tournament, staffing, merchandise sales, category status, sponsored or co- sponsored parking and food concessions. I. Collier County Racquet Centers: 1. Pelican Bay Community Park Tennis Facility Agenda Item fro. 16D4 December 13, 2005 Page 10 of 28 Service Rate Court Fees $8.00 per person per ' /z hour Single Annual Membership $371.00 Couple Annual Membership $662.00 '/2 Hour Private Lesson $38.00 l Hour Private Lesson $65.00 Round Robins $5.00 members $10.00 non - members J. Collier County Aquatic Facilities Key to abbreviations: GGAC= Golden Gate Aquatic Complex, ISC = Immokalee Sports Complex, NCRP =North Collier Regional Park Aquatic Complex 1. Entrance Fees (inclusive of sales tax) 2. Pass Fees (exclusive of sales tax) Under 3 rs Youth (3 -17 rs) Adult I Senior I (60+ rs) GGAC Free $2.50 1 $3.00 $2.50 ISC Free $1.00 1 $1.50 $1.00 2. Pass Fees (exclusive of sales tax) No corporate discounts on pool passes. 3. Swimming Instructional Fees Type Youth Adult Senior Family GGAC 3 month $40.00 $60.00 $40.00 $100.00 ISC 3 month $35.00 $55.00 $35.00 $ 90.00 GGAC Annual $60.00 $80.00 $60.00 $225.00 ISC Annual $50.00 $75.00 $50.00 $210.00 No corporate discounts on pool passes. 3. Swimming Instructional Fees 4. Pool Rentals GGAC & ISC (exclusive of sales tax) Each pool includes one staff member. One pool Each additional hour Each additional pool Additional staff 5. Sun -N -Fun Lagoon Fees $50.00 first hour $35.00 per hour $35.00 per hour per pool $15.00 per hour per lifeguard User GGAC ISC Children's %2 hour classes $40.00 per participant $10.00 per participant Children's 3/4 hour classes $45.00 per participant $15.00 per Participant Adult 1/4 hour classes $45.00 per participant $15.00 per participant Private Lessons $15.00 er' /s hour 4. Pool Rentals GGAC & ISC (exclusive of sales tax) Each pool includes one staff member. One pool Each additional hour Each additional pool Additional staff 5. Sun -N -Fun Lagoon Fees $50.00 first hour $35.00 per hour $35.00 per hour per pool $15.00 per hour per lifeguard User Rate Adult $9.43 plus tax daily fee Child $5.19 plus tax daily fee Members of groups of 20 or more $4.25 plus tax daily fee Agenda Item No. 16174 December 13, 2005 Page 11 of 28 Entire Facility $1500 per hour, 2 -hour minimum Rental $1000 each additional hour Tier 3 Pass includes staff Partial Facility $200 per hour, per pool (excluding lazy river) Rental $300 for lazy river GGCP Fitness does not include staff, staffing charge will be $15 yes per hour per lifeguard as needed as determined by no the Department No exceptions are made to Collier County Aquatic Facility rates. Fee for non - Collier County public schools and colleges and universities during regular operating hours is $35.00 per hour unless superceded by separate agreement. Collier County Public Schools are fee exempt; however, they are required to pay $15.00 per hour per lifeguard or instructor, if not during regular operating hours. This fee exemption does not apply to the Sun -N -Fun Lagoon. K Collier County Fitness Centers Key to abbreviations: GGCP = Golden Gate Community Park, ISC = Immokalee Sports Complex, NCRP--North Collier Regional Park, MHCP =Max Hasse Community Park, VTCP= Veterans Community Park 1. Fitness passes are available in a three- tiered system, with passes offering use of facilities as follows: Facility Daily Fee Tier 1 Pass Tier 2 Pass Tier 3 Pass NCRP Fitness $8 yes no no GGCP Fitness 7 yes yes no MHCP Fitness 7 yes yes no VTCP Fitness 4 yes yes yes ISC Fitness 4 yes yes yes GGCP Pool above yes yes no ISC Pool above yes yes yes NCRP Lap Pool above no no no 2. Fees associated with the pass types above are as follows. Daily walk -in and membership fees are subject to 6% sales tax. 3. Baby- sitting Service $3.00 per child per use $20.00 per 10 -visit card Tier Tier Tier 1 2 3 Monthly 35 33 20 3 -Month 100 90 50 Annual 300 250 160 Spouse of Additional Family Member 165 140 100 (includes college students up to 25 years of age) Student (ages 13 -18, students aged 125 100 75 13 to 14 must be accompanied by an adult 3. Baby- sitting Service $3.00 per child per use $20.00 per 10 -visit card Agenda Item No. 16D4 December 13, 2€ 05 Page 12 of 28 Babysitting service is offered limited hours at Golden Gate Community Park Fitness and North Collier Regional Park Fitness. 4. Corporate Discount on Annual Passes Discount does not apply to additional family members. Discount is based on employee participation, as follows: Employees Discount 5 -9 10% 10-24 20% 25 and above 40% L. Skate Parks Annual Membership for Age 21 and under $10 Annual Membership for Age 22 and older $25 M. Collier County Summer Camps, After School Programs, and Collier County Parks and Recreation Specialty Camps 1. Summer Camp 9 -week session $549.00 1 -week session $ 75.00 10% discount on each additional child from the same household after the first. 2. After School Camps per week $25.00 Transportation cost per week is additional and will be based on the current transportation contract. 3. Holiday Camps 1 -day camp $15.00 Easter Camp (5 days) $75.00 Christmas Camp (4 days) $60.00 4. Collier County Parks and Recreation Specialty Camps Specialty camp fees are competitive market prices based on hours and type of instruction. N. Memorial Bench and Tree Donations 1. $2,000 Bench 2. $ 500 Tree O. Golden Gate Community Center 1. Golden Gate Taxing District Boundaries: West Boundary: Santa Barbara Boulevard to Logan Boulevard to First Avenue SW East Boundary: canal 1 mile east of County Road 951 North Boundary: First Avenue SW over 951 Boulevard and White Boulevard to the canal located 1 mile east of County Road 951 South Boundary: Palm Springs subdivision and Radio Road to Santa Barbara Boulevard Organizations in Classes I, II, I1I, or IV declaring themselves as District must show proof of at least 50% membership within the taxing district. Agenda Item No. 16D4 December 13, 2005 Page 13 of 28 2. User Categories Class I: Charitable, Not - for -Profit organizations Class II: Not - for - Profit organizations Class III: Civic organizations Class IV: Commercial or For - Profit organizations and any other group or individual 3. Deposit Fees Auditorium $200.00 All Other Rooms $ 50.00 4. Rental Fees A. Rooms A, B, C, D Category within District outside District Class I No charge No charge Class II No charge approved by Board Class III No charge No charge Class IV ( <1,500 sq ft) $10.00/hour $25.00/ hour (1,501- 3,000) $15.001 hour $45.001 hour (3,001 +) $20.00/ hour $60.00/ hour B. Auditorium Category within District outside District Class I & III No charge No charge Class II approved by Board approved by Board Class IV $20.00/hr < 10 pm $60.00/hr < 10 pm $40.00/hr 10 pm + $80.00/hr 10 pm + C. Wheels Amphitheater and Open Area Fees charged in accordance with the Sugden Regional Park Fee Policy for Use for Countywide Events. D. Gymnasium Category General Fee Class I $30.00 per hour any size Fund Raising $20.00 added to rate above Class II $60.00 per hour any size Fund Raising $20.00 added to rate above Classes III, IV will be required to pay sales tax 5. Service and Sale of Alcoholic Beverages A. Serving of Alcoholic Beverages These provisions apply for any event where alcoholic beverages will be available. No alcohol may be made available without a valid Certificate of Insurance on file at the Golden Gate Community Center. Agenda Item No. 16134 December 13, 2005 Page 14 of 28 User categories Class I and Class II, as previously defined in O (2), above, the user must present a General Liability Policy for the date of use which specifically includes contractual liability and host liquor liability in an amount not less than Five Hundred Thousand Dollars ($500,000) at least four (4) weeks prior to the event. As determined by the County Risk Management Director, in the event of above average exposure Five Hundred Thousand Dollars ($500,000) liability coverage shall be required. In the event of unusual or high exposure One Million Dollar ($1,000,000) liability shall be required. B. Sale of Alcoholic Beverages In the event any user intends to sell alcoholic beverages, they will be required to meet all State requirements regarding the sale of alcohol and obtain all required permits. Copies of said permits shall be filed with the Community Center Supervisor. The Center Supervisor shall contact Collier County Department of Risk Management for insurance requirements. C. Rules and Regulations for Users Serving Alcoholic Beverages 1. It is the responsibility of the user that no alcoholic beverage shall be allowed outside assigned meeting room(s) auditorium. 2. The user is responsible to ascertain that no alcoholic beverage shall be served to any person under the age of 21. 3. The user shall be responsible for the behavior of any parties with the user's group. 4. The user shall be responsible to assure that no alcoholic beverages are served during the last thirty (30) minutes of user's scheduled event. 5. The user will be responsible for supplying a Certificate of Insurance at least four (4) weeks prior to scheduled event (see insurance provisions). 6. The user will be responsible to comply with Chapter 562, Florida Statues. 7. The user must abide by all other operational policies and procedures of the Golden Gate Community Center. Any violation of any of these rules can result in termination of the event. 8. The user must pay the cost of security provided by the Collier County Sheriff's Office. The fee is payable to Collier County Parks and Recreation at the time of payment for facility use. Agenda Item No. 1604 December 13, 2005 Page 15 of 28 2. A copy of the fee rules, as hereby established, is attached. 3. This revised policy shall be effective January 1, 2006. This Resolution adopted this day of 2005 after motion, second and majority vote in favor of passage. ATTEST DWIGHT E. BROCK, CLERK By: Deputy Clerk Approved as to form and legal sufficiency: By: Robert Zachary Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA M Fred W. Coyle, Chairman COLLIER COUNTY PARKS AND RECREATION DEPARTMENT FACILITIES AND OUTDOOR AREAS LICENSE AND FEE POLICY PURPOSE Agenda Item No. 16D4 December 13, 2005 Page 16 of 28 The purpose of this policy is to ensure maximum use of facilities, outdoor areas and programs in Collier County and provide equitable fees and charges collected from users of such facilities, outdoor areas or programs. II. LIMITATIONS The Parks and Recreation Director, or designee, may waive enforcement or application of any of these regulations or restrictions with respect to any facility, outdoor areas, or program provided such waiver does not interfere with public safety or enjoyment. No fees may be waived. No non - government entity shall charge an admission fee to any out of doors event, including aquatic facilities. The Board of County Commissioners shall set fees and charges for all facilities and programs. Consistent with Collier County's policy of ensuring all citizens equal opportunity to participate in programs, any resident requesting special consideration must substantiate to the Parks and Recreation Director proof of financial need. All information provided is not confidential but will be used only for the purpose of establishing reduced or waived program fees. Rates and charges can be modified on a case -by -case basis if approved by the Director of Parks and Recreation for special promotional sales and advertisements. III. CLASSIFICATIONS A. Facility License Definitions and Uses 1. Outdoor Areas: Open space or land owned or leased by the Parks and Recreation Department. Such outdoor areas shall include, but not limited to, sports fields, playgrounds, swimming pools and/or other park and recreation land areas, excluding Golden Gate Community Center. (As to Golden Gate Community Center, refer to Section O, herein). Outdoor areas shall be used for those purposes designated or implicit in their character. Any deviation from normal appropriate use shall require express prior permission from the Parks and Recreation Director or designee. 2. Facilities: Buildings and dwellings owned or leased by the Parks and Recreation Department. Such facilities include, but are not restricted to, community center areas and rooms, gymnasiums, pavilions, shelters, and other areas located in the Parks and Recreation structures, excluding the Golden Gate Community Center. (As to Golden Gate Community Center, refer to Section O, herein). Facilities shall be used for those purposes designated or implicit in their character. Any deviation from these intended normal uses shall require express prior permission from the Parks and Recreation Director, or Designee. Agenda Item No. 16D4 December 13, 2005 Page 17 of 28 3. Programs: Recreation activities conducted on land or in facilities owned or leased by Collier County. Such activities include, but are not restricted to: athletic, clinic, instructional and interpretative seminars for preschool, youth, adult, senior and special populations. Any deviation from these intended normal uses shall require express permission from the Parks and Recreation Director, or designee. 4. Vehicle Parking Fees: Parking lots at Collier County beach parks and accesses. To include, but not limited to, the following: Tigertail Beach, Barefoot Beach Access, Barefoot Beach Preserve, Clam Pass Park, Vanderbilt Beach, North Gulf Shore Access, and South Marco Beach Access. 5. Boat Launch Fees: Ramp use at Collier County owned and operated boat launch facilities to include, but not limited to, Bayview Park, Cocohatchee River Park, Caxambas Park, and Collier Boulevard Boating Park. B. User Categories — Applicable to all indoor and outdoor areas Governmental entities are not subject to fees. All other facility users shall have their fees determined by the category of the entity. Note: All parks shall remain open to the public. The two categories are: 1. Category I — Federal Income Tax Exempt Entities, Registered Charities, Not - for -Profit Groups. a. Federal Income Tax Exempt Entities Groups that are exempt from taxation under any subsection of Section 501(c) of the Internal Revenue Code. The following civic associations will not be subject to fees for their one general membership meeting per month: East Naples Civic Association, Golden Gate Estates Civic Association, Golden Gate Civic Association, Immokalee Civic Association, and Second District Association. b. Specified Sales Tax Exempt Entities Those entities that are exempt from Florida sales taxes pursuant to Subsection 212.08 (7), Florida Statutes such as a home for the aged, nursing home, hospice, or an organization whose primary purpose is to provide special educational, cultural, recreational, or social benefits to minors, or is a religious, charitable, scientific, educational, or veterans' organization. c. Local Not - for - Profit Groups Entities, irrespective of tax exempt status, which are not - for - profit corporations, organizations or other not - for - profit entities that are of Collier County origin, have their principal location in Collier County, and of which fifty per cent (50 %) of the 0) Agenda Item No. 16D4 December 13, 2005 Page 18 of 28 group's membership are residents of Collier County, with a primary purpose to provide social services to others or to protect interests outside of the group, such as the environment, endangered animals, disadvantaged persons, or some other similar external interest. The primary focus of these groups is outward looking and away from the personal interests of the group's members. d. Other Local Not - for - Profit Groups Those entities, irrespective of tax exempt status, which are not - for -profit corporations, organizations or other not - for -profit entities that are of Collier County origin, have their principal location in Collier County, and of which fifty per cent (50 %) of the group's membership are residents of Collier County, but the group's primary purpose is not to provide social services to individuals who are not bona fide members of the group or is not to protect interests outside of the group. This category includes property owners' associations, political groups, and all other special interest oriented teams or clubs such as hobbyists' clubs, chess clubs, radio clubs, hunters and fishermen clubs, stamp, coin, and other collectors' clubs; garden clubs, car clubs, and all other similar clubs, groups or organizations. The primary focus of these groups is inward toward the group's members. e. Fund Raising Activities Each Category I individual, group, organization or entity involved in any fund raising activity must pay full fees as described in N.B. Category II — User Fees. Fund raising activities include: 1. Charging in advance for an admission ticket or requiring any tangible thing of value for admission to, or to participate in, any activity at any County parks facility, or, 2. Requiring any donation of money or any other tangible thing of monetary value, or, 3. Selling or bartering any tangible thing of monetary value. Fund raising activities do not include: 1. Season sign up fees for persons to join league as a team member or team participant. 2. The sale of educational materials for use as study materials for students attending class conducted at the park facility. Such sales must be at or below the seller's actual costs. 3. Category II — All Others A. Each individual, group, organization or entity that is not within Category I. 3 Agenda Item No. 16D4 December 13, 2005 Page 19 of 28 IV. FEE STRUCTURE — (All fees are exclusive of sales taxes). A. Category I User Fees 1. Facility Rates (excluding league play and special facilities; i.e., swimming pool, etc.) Facility Type Rate Per Hour Indoor Room under 1,500 sq ft $10.00 Indoor Room 1,501 - 3,000 sq ft $15.00 Indoor Room 3,001 sq ft & over $20.00 Gymnasium $30.00 Small Pavilion $10.00 Large Pavilion $20.00 Sugden Amphitheater $30.00 Open Green Space (100 x 100) $10.00 Athletic Facilities for General Use (i.e. Special Events, Picnics, Carnivals, etc.) $30.00 Athletic Facilities for Athletic Use (Football /Soccer, Soft /Baseball, Little League, Sports Pavilion, Roller Hockey) $15.00 Basketball /Racquetball /Volleyball /Tennis Courts $5.00 Lights $10.00 Sugden Regional Park for a Countywide Event 1 $800 per day 2. Fund raising rates are $20.00 added to hourly rate above. B. Category II User Fees 1. Facility Rates (excluding special facilities; i.e., swimming pool, etc.) Facility Type Rate Per Hour Deposit Indoor Room under 1,500 sq ft $25.00 Indoor Room 1,501 - 3,000 sq ft $45.00 Indoor Room 3,001 sq ft & over $60.00 Gymnasium $60.00 $100.00 Small Pavilion $10.00 Large Pavilion $20.00 Sugden Amphitheater $60.00 $60.00 Sugden Green Space $60.00 Open Green Space (100 x 100) $20.00 Athletic Facilities for General Use (i.e. Special Events, Picnics, Carnivals, etc.) $30.00 $80.00 Athletic Facilities for Athletic Use (Football /Soccer, Soft/Baseball, Little League, $40.00 0 Agenda Item No. 16D4 December 13, 2005 Page 20 of 28 Sports Pavilion, Roller Hockey) Additional Fee Per Hour Rental during non - business hours Basketball/Racquetball/Volleyball/Tennis Courts $12.00 Lights $10.00 Additional non - security staff Sugden Regional Park for a Countywide Event $1,200 per day 2. Fund raising rates are $20.00 added to hourly rate above. C. Additional Fees: Categories I and II Service Additional Fee Per Hour Rental during non - business hours $20.00 (hours that are not normal departmental operation) Additional non - security staff $15.00 per staff member members Additional security staff members $20.00 per hour per staff member needed as determined by department Light fees (where not specified) $10.00 per hour Special requests or additional Per hour fee determined by clean up required de artment, based on cost D. Beach Parking Facilities Fees; Boat Launch Facilities Fees 1. Beach Parking Facilities Fees Beach parking facilities, including and not limited to, Barefoot Beach Preserve, Barefoot Beach Access, Clam Pass Park, North Gulf Shore Access, Tigertail Beach, South Marco Beach Access have a parking fee, inclusive of sales tax, at a rate of $5.00 per day. Collier County residents may obtain a beach parking permit at no charge. Permits will be valid for 2 years. Vehicles with permits will be exempt from daily parking fees at all beach parking facilities except the Vanderbilt Parking Garage. All users of the Vanderbilt Parking Garage will be charged a $5.00 daily fee, whether they hold a beach parking sticker or not. 2. Boat Launch Facilities Fees Boat launch facilities, including and not limited to, Caxambas Park, Cocohatchee River Park, Collier Boulevard Boating Park, and Bayview Park, shall have a launch fee, inclusive of sales tax, at a rate of $5.00 per launch per day. All residents and visitors may purchase boat launch permits for an annual fee of $75.00. These permits are available at all Collier County Parks and Recreation Community Centers. Commercial permits for launch facilities may be acquired at the Collier County Parks and Recreation Department Administration Office for a cost of $100.00 per vehicle plus the $5.00 fee per launch or $500.00 per commercial entity with no launch fee 5 Agenda Item No. 16D4 December 13, 2005 Page 21 of 28 required. Commercial entities purchasing the $500.00 permit are eligible to use up to 5 vehicles for launches. Additional vehicle permits must be purchased for $100.00 each. All permits are good from January 1 to December 31. E. Concession Fees 1. Concession Booth/Location in Conjunction with Rental A $25.00 fee per day or 20% of gross revenues per day, whichever is greater, for each concession booth or location. 2. Concessionaires contracted by the County to serve the general public will pay a negotiated fee in lieu of the general facility use fee schedule. 3. Organizations operating concessions for leagues will be charged $5.00 per hour of operation. F. Reserved G. Instructional Fees (Contractual Instructors) 1. Programs Fee Assessment: per hour or per participant basis. 2. Non -Staff Instructor(s): Any costs for supplies and equipment will be subtracted from the class fee and the balance of the funds will be split between the non -staff instructor(s) and -° the County as follows: 65% to the non -staff instructor(s) and 35% to the County for all such instructional programs conducted on Collier County facilities. After subtraction, the pro- ration for instructional programs conducted on non - county facilities shall be 70% to the non -staff instructor(s) and 30% to the County. H. Athletics 1. Collier County Parks and Recreation Leagues Program Minimum registration fee per participant per league play Adult $30.00 Youth $30.00 Youth Immokalee $ 5.00 Leagues charged on a fee per participant basis may require a sponsor fee. Alternately, leagues may be charged a combined sponsor and players' fee per team as follows: Men's Softball Women's Softball Church Leagues Men's 35+ $860.00 $540.00 $710.00 $760.00 Agenda Item No. 16D4 December 13, 2005 Page 22 of 28 Leagues will be charged light fees for practices, but not for scheduled league games. Immokalee leagues will not be charged light fees for practices. 2. Collier County Parks and Recreation Co- sponsored Leagues Fees are applicable to Category I users only. League Type Fee per participant per league play Adult $30.00 Youth $1.00 (includes play -offs or per registered youth per week all -star play) of league play Leagues will be charged light fees for practices, but not for scheduled league games. 3. Clinics: Pro - rations: a. For clinics conducted on any County facility, 65% of the fees go to the group or individual(s) and 35% of the fees go to the County. b. For clinics conducted on any non - County facility, 70% of the fees to the group or individual(s) and 30% of the fees to the County. c. An additional hourly rate will be charged for the facility if the clinic serves a fund raising purpose. 4. Tournament Fees Fees will be determined on a tournament -by- tournament basis based on, but not limited to, the following criteria: direct operational costs, duration of tournament, staffing, merchandise sales, category status, sponsored or co- sponsored parking and food concessions. I. Collier County Racquet Centers: 1. Pelican Bay Community Park Tennis Facility Service Rate Court Fees $8.00 per person per 1/2 hour Single Annual Membership $371.00 Couple Annual Membership $662.00 1/2 Hour Private Lesson $38.00 1 Hour Private Lesson $65.00 Round Robins $5.00 members $10.00 non - members 7 Agenda Item No. 16D4 December 13, 2005 Page 23 of 28 J. Collier County Aquatic Facilities Key to abbreviations: GGAC = Golden Gate Aquatic Complex, ISC = Immokalee Sports Complex, NCRP =North Collier Regional Park Aquatic Complex 1. Entrance Fees (inclusive of sales tax) 2. Pass Fees (exclusive of sales tax) Under 3 yrs Youth (3 -17 rs) Adult Senior (60+ rs) GGAC Free $2.50 $3.00 $2.50 ISC Free $1.00 $1.50 $1.00 2. Pass Fees (exclusive of sales tax) No corporate discounts on pool passes. 3. Swimming Instructional Fees Type Youth Adult Senior Family GGAC 3 month $40.00 $60.00 $40.00 $100.00 ISC 3 month $35.00 $55.00 $35.00 $ 90.00 GGAC Annual $60.00 $80.00 $60.00 $225.00 ISC Annual 1 $50.00 $75.00 $50.00 $210.00 No corporate discounts on pool passes. 3. Swimming Instructional Fees 4. Pool Rentals GGAC & ISC (exclusive of sales tax) Each pool includes one staff member. One pool Each additional hour Each additional pool Additional staff 5. Sun -N -Fun Lagoon Fees $50.00 first hour $35.00 per hour $35.00 per hour per pool $15.00 per hour per lifeguard User GGAC ISC Children's ' /z hour classes $40.00 per participant $10.00 Per " artici ant Children's 3/4 hour classes $45.00 per participant $15.00 per participant Adult 3/4 hour classes Private Lessons $45.00 per participant $15.00 per '/z hour $15.00 per participant 4. Pool Rentals GGAC & ISC (exclusive of sales tax) Each pool includes one staff member. One pool Each additional hour Each additional pool Additional staff 5. Sun -N -Fun Lagoon Fees $50.00 first hour $35.00 per hour $35.00 per hour per pool $15.00 per hour per lifeguard User Rate Adult $9.43 plus tax daily fee Child $5.19 plus tax daily fee Members of groups of 20 or more $4.25 plus tax daily fee Entire Facility Rental $1500 per hour, 2 -hour minimum 8 Agenda Item No. 16D4 December 13, 2005 Page 24 of 28 No exceptions are made to Collier County Aquatic Facility rates. Fee for non - Collier County public schools and colleges and universities during regular operating hours is $35.00 per hour unless superceded by separate agreement. Collier County Public Schools are fee exempt; however, they are required to pay $15.00 per hour per lifeguard or instructor, if not during regular operating hours. This fee exemption does not apply to the Sun -N -Fun Lagoon. K. Collier County Fitness Centers Key to abbreviations: GGCP = Golden Gate Community Park, ISC = Immokalee Sports Complex, NCRP =North Collier Regional Park, MHCP =Max Hasse Community Park, VTCP= Veterans Community Park Fitness passes are available in a three - tiered system, with passes offering use of facilities as follows: Facility $1000 each additional hour Tier 1 Pass includes staff Partial Facility Rental $200 per hour, per pool (excluding lazy river) $8 $300 for lazy river no does not include staff, staffing charge will be $15 per hour per GGCP Fitness lifeguard as needed as determined by the Department No exceptions are made to Collier County Aquatic Facility rates. Fee for non - Collier County public schools and colleges and universities during regular operating hours is $35.00 per hour unless superceded by separate agreement. Collier County Public Schools are fee exempt; however, they are required to pay $15.00 per hour per lifeguard or instructor, if not during regular operating hours. This fee exemption does not apply to the Sun -N -Fun Lagoon. K. Collier County Fitness Centers Key to abbreviations: GGCP = Golden Gate Community Park, ISC = Immokalee Sports Complex, NCRP =North Collier Regional Park, MHCP =Max Hasse Community Park, VTCP= Veterans Community Park Fitness passes are available in a three - tiered system, with passes offering use of facilities as follows: Facility Daily Fee Tier 1 Pass Tier 2 Pass Tier 3 Pass NCRP Fitness $8 yes no no GGCP Fitness 7 yes yes no MHCP Fitness 7 yes yes no VTCP Fitness 4 yes yes yes ISC Fitness 4 yes yes yes GGCP Pool above yes yes no ISC Pool above yes yes yes NCRP Lap Pool above no no no 2. Fees associated with the pass types above are as follows. Daily walk -in and membership fees are subject to 6% sales tax. 6 Tier 1 Tier 2 Tier 3 Monthly 35 33 20 3 -Month 100 90 50 Annual 300 250 160 Spouse of Additional Family Member (includes college students up to 25 years of age) 165 140 100 Student (ages 13 -18, students aged 13 to 14 must be accom anied by an adult 125 100 75 6 Agenda Item No. 16D4 December 13, 2005 Page 25 of 28 3. Baby- sitting Service $3.00 per child per use $20.00 per 10 -visit card Babysitting service is offered limited hours at Golden Gate Community Park Fitness and North Collier Regional Park Fitness. 4. Corporate Discount on Annual Passes Discount does not apply to additional family members. Discount is based on employee participation, as follows: Employees Discount 5 -9 10% 10-24 20% 25 and above 40% L. Skate Parks Annual Membership for Age 21 and under $10 Annual Membership for Age 22 and older $25 M. Collier County Summer Camps, After School Programs, and Collier County Parks and Recreation Specialty Camps 1. Summer Camp 9 -week session $549.00 1 -week session $ 75.00 10% discount on each additional child from the same household after the first. 2. After School Camps per week $25.00 Transportation cost per week is additional and will be based on the current transportation contract. 3. Holiday Camps 1 -day camp $15.00 Easter Camp (5 days) $75.00 Christmas Camp (4 days) $60.00 4. Collier County Parks and Recreation Specialty Camps Specialty camp fees are competitive market prices based on hours and type of instruction. 10 Agenda item No. 16D4 December 13, 2005 Page 26 of 28 N. Memorial Bench and Tree Donations 1. $2,000 Bench 2. $ 500 Tree O. Golden Gate Community Center 1. Golden Gate Taxing District Boundaries: West Boundary: Santa Barbara Boulevard to Logan Boulevard to First Avenue SW East Boundary: canal 1 mile east of County Road 951 North Boundary: First Avenue SW over 951 Boulevard and White Boulevard to the canal located 1 mile east of County Road 951 South Boundary: Palm Springs subdivision and Radio Road to Santa Barbara Boulevard Organizations in Classes I, II, III, or IV declaring themselves as District must show proof of at least 50% membership within the taxing district. 2. User Categories Class I: Charitable, Not - for - Profit organizations Class II: Not - for -Profit organizations Class III: Civic organizations Class IV: Commercial or For - Profit organizations and any other group or individual 3. Deposit Fees Auditorium $200.00 All Other Rooms $ 50.00 4. Rental Fees A. Rooms A, B, C, D Category within District outside District Class I No charge No charge Class II No charge approved by Board Class III No charge No charge Class IV ( <1,500 sq ft) $10.00/hour $25.00/ hour (1,501- 3,000) $15.001 hour $45.00/ hour (3,001 +) $20.00/ hour $60.00/ hour B. Auditorium 11 Agenda Item No. 16D4 December 13, 2005 Page 27 of 28 Category within District outside District Class I & III No charge No charge Class II approved by Board approved by Board Class IV $20.00/hr < 10 pm $60.00 /hr < 10 pm $40.00/hr 10 pm + $80.00/hr 10 pm + C. Wheels Amphitheater and Open Area Fees charged in accordance with the Sugden Regional Park Fee Policy for Use for Countywide Events. D. Gymnasium Category General Fee Class I $30.00 per hour any size Fund Raising $20.00 added to rate above Class II $60.00 per hour any size Fund Raising $20.00 added to rate above Classes III, IV will be required to pay sales tax. 5. Service and Sale of Alcoholic Beverages A. Serving of Alcoholic Beverages These provisions apply for any event where alcoholic beverages will be available. No alcohol may be made available without a valid Certificate of Insurance on file at the Golden Gate Community Center. User categories Class I and Class II, as previously defined in O (2), above, the user must present a General Liability Policy for the date of use which specifically includes contractual liability and host liquor liability in an amount not less than Five Hundred Thousand Dollars ($500,000) at least four (4) weeks prior to the event. As determined by the County Risk Management Director, in the event of above average exposure Five Hundred Thousand Dollars ($500,000) liability coverage shall be required. In the event of unusual or high exposure One Million Dollar ($1,000,000) liability shall be required. B. Sale of Alcoholic Beverages In the event any user intends to sell alcoholic beverages, they will be required to meet all State requirements regarding the sale of alcohol and obtain all required permits. Copies of said permits shall be filed with the Community Center Supervisor. The Center Supervisor shall 12 Agenda Item No. 16D4 December 13, 2005 Page 28 of 28 contact Collier County Department of Risk Management for insurance requirements. C. Rules and Regulations for Users Serving Alcoholic Beverages 1. It is the responsibility of the user that no alcoholic beverage shall be allowed outside assigned meeting room(s) auditorium. 2. The user is responsible to ascertain that no alcoholic beverage shall be served to any person under the age of 21. 3. The user shall be responsible for the behavior of any parties with the user's group. 4. The user shall be responsible to assure that no alcoholic beverages are served during the last thirty (30) minutes of user's scheduled event. 5. The user will be responsible for supplying a Certificate of Insurance at least four (4) weeks prior to scheduled event (see insurance provisions). 6. The user will be responsible to comply with Chapter 562, Florida Statues. 7. The user must abide by all other operational policies and procedures of the Golden Gate Community Center. Any violation of any of these rules can result in termination of the event. 8. The user must pay the cost of security provided by the Collier County Sheriffs Office. The fee is payable to Collier County Parks and Recreation at the time of payment for facility use. 13 Agenda Item No. 16D5 December 13, 2005 Page 1 of 13 EXECUTIVE SUMMARY Recommendation to award Work Order #WMI -FT- 3290 -06 -03 in the amount of $340,080 to WilsonMiller, Inc. for design and permitting of Orangetree Park Objective: To expand the park system to meet the demands of growth. Considerations: The Parks and Recreation Department is working cooperatively with the Public Utilities Division for the design of public facilities on County -owned land in the Orangetree area. Because WilsonMiller, Inc. is the designer of the Utilities portion of the project, Parks and Recreation would like the same firm to design the Parks portion of the project. This will promote expediency and efficiency by avoiding communication lag times and duplication of efforts. Wilson Miller, Inc. is on contract with Collier County for design services. Award of this work order will require Board of County Commissioners approval to waive the $90,000 limit on work orders that is standard County purchasing policy. Fiscal Impact: Funds in the amount of $100,000 are available in the Orangetree Park project (80039) within the Community and Regional Park Impact Fee Fund (346). Three factors have caused the actual design portion of the project to cost more than originally estimated: 1) the dramatic increase in consulting fees in the time elapsed since the original estimate, 2) the inability for this portion of the project to simply piggyback on the design of the Utilities project, and 3) an increase in the scope of the Parks portion of the project to include a meeting room facility. Staff has prepared a budget amendment to appropriate an additional $240,080 from Fund 346 Reserves to fund this Work Order. Growth Management Impact: The park acreage is inventoried in the Collier County Growth Management Plan. Once developed, the park facilities will be inventoried as well. Recommendation: That the Board of County Commissioners waives the $90,000 work order limit and awards Work Order #WMI -FT- 3290 -06 -03 in the amount of $340,080 to WilsonMiller, Inc. for design and permitting of Orangetree Park, and approves the necessary budget amendment. Prepared by: Amanda Townsend, Operations Analyst, Parks and Recreation Agenda Item No. 16D5 December 13. 2DD5 Page 2 of 13 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS -�^- Item Number. 16D5 Item Summary: Recommendation to award Work Order #WMI -FT- 3290 -06 -03 in the amount of 5340.080 to WikonMiller, Inc. for design and permitting of Orangetres Park Meeting Date: 12/1312005 9:00!00 AM Approved By Kathy Carpenter Executive Secretary Data Public Services Public Services Admin. 11120!20051:53 PM Approved By Mark Ramsey Public Services Administrator Data Public Services Public Services Admin, 11/29/2005 3:36 PM Approved By Linda Best Contracts Agent Date Administrative Semicas Purchasing 11130120058;50 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 1113080054:01 PM Approved By Michael Smykovntd Management & Budget Director Data County Manager's Offtca Office of Management & Budget 121512005 9:56 AM Approved By James V. Mudd County Manager Data Board of County Commiss10nen County Manager's ice 12!5!2005 5:35 PM Agenda Item No. 16D5 December 13, 2005 Page 3 of 13 WORK ORDER # WMI -FT- 3290 -06 -03 Agreement for Fixed Term Professional Engineering Services Dated December 3, 2002 (Contract #01 -3290) This Work Order is for professional engineering services for work known as Oraneetree Park Desian and Permittins. The work is specified in the proposal dated November 15, 2005, which is attached hereto and made a part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above, Work Order #WMI -FT- 3290 -06 -03 is assigned to WilsonMiller, Inc. Scone of Work: Part 2.1: Survey Services Part 2.2:' Geotechnical Engineering Services Part 2.3: Landscape Architecture Services Part 2.3: Site Engineering Services 4 Part 2.5: Architecture Services Part 2.6.1: Aquatic Engineering Services Part 2.7: Permit Phase Services Part 2.8: Reimbursables (and as. outlined in the attached proposal) Schedule of Work: Complete work within 2.000 days from receipt of the Notice to Proceed authorizing start of work. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum amount indicated in the schedule below (if a task is time and material, so indicate and use the established hourly rate(s) as enumerated in Schedule "A" of the Agreement). Scope of Work: Part 2.1: Survey Services $ 2,500 Part 2.2: Geotechnical Engineering Services $ 9,900 Part 2.3: Landscape Architecture Services $ 58,750 Part 2.3: Site Engineering Services $121,000 Part 2.5: Architecture Services $ 41,770 Part 2.6.1: Aquatic Engineering Services $ 20,860 Part 2:7: Permit Phase Services $ 67,300 Part 2.8: Reimbursables $ 18,000 TOTAL FEE: $340,080. 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. Agenda Item No. 16D5 December 13, 2005 Page 4 of 13 PREPARED BY: 14 , '� use h F. Delate ASLA Project p I Manager fDatel rks and Re, reatioDepartment AUTHORIZED BYi-e� Way S. Ayer, Director �— Date Parks! 11- ation Depa �n ACCEPTED BY: ------ _ —_ - - - - --; Fexmin az, President -- Date WilsonMiller, lnc. wils6amffier 0 PROFE4,$10 llP,9IG POSAL TO: Mr. Joe Delate, ASLA Sr. Project Manager Collier County Parks & Recreation Department 3300 Santa Barbara Blvd. Naples, FL 341,16 FROM: ,9 Ado— I o Gonzalez)) -E- Senior Associate ' DATE: GGtebeF 18, 2095IRevised November 15, 2005 Agenda Item No. 16D5 December 13, 2005 Page 5 of 13 SUBJECT: Professional Services Proposal for Orangetree Park, Phase 1 Sections 11 and 14, Township 48 South, Range 27 East, Collier County, Florida 1. OVERVIEW 1.1. Collier County Parks & Recreation Dept. (Client) intends to hire a consultant to provide site design and permitting services for Phase 1 improvements to Orangetree Park (Project). 1.2. Applications for Collier County Site Development Permit, Collier County Health Department Pool Permit, and South Florida Water Management District (SFWMD) Environmental Resource Permit (ERP) will be necessary to achieve this objective. 1.3. WilsonMiller, Inc. (Consultant) has been requested to submit a proposal to render Geotechnical, Landscape Architecture, Architecture, Engineering, Environmental, and Survey services for the Project. 1.4. Consultant intends to hire the following sub - consultants to provide some of the requested services: Victor Latavish, AIA for architecture, structural engineering, and electrical engineering services Forge Engineering for geotechnical services; James Abney and Associates for irrigation design; and Aquatic Design and Engineering for interactive water feature design services. 1.5. Design and permitting will be based on the Master Plan prepared by Collier County dated 12/14/04 as depicted in Exhibit A attached hereto. The general program as reflected on the Master Plan includes passive and active recreational facilities, including open green space, dog park, tennis and basketball courts, interactive water feature, playground, multi -use pathways, maintenance building, restroorn and meeting room facilities, picnic pavilions, a tennis shade structure and parking. 1.6. The Project is limited to the Phase I boundary currently under the ownership of Collier County, as shown on Exhibit A. The Project does not include design related to improvements to Basser Lake, Catfisher Lake, or any improvements relating to either lake edge. Offices strategically located to serve our clients 800.849.4336 Fort Myers Office 4571 Colonial Boulevard - Fort Myers, Ronda 33912. 239 939 1020 • Fax 239.939 -3412 wllsonmillercon7 - 005157772 Vw.. 021- AGONZALE V02 -01F• EPRE- 20472 WilsonMlller, Inc. — FL Lic. s LC- 6000170 Agenda Item No. 16D5 December 13, 2065 WilsvnMiller� Page 6 of 13 New Directions In Planning, Design & En i nng�� 1.7. The Project site is adjacent to the proposed � VVater Reclamation Facility and Water Treatment Plant (NEWRFAAITP) site, which is currently under design by Carollo Engineers. A separate WilsonMiller team is working as sub - consultants to Carollo in connection with the NEWRF/WTP project. Both projects are within the same property owned by Collier County. It is the Client's desire to track these two projects simultaneously to coordinate design on inter- related issues such as the shared use of: perimeter landscape buffer and internal landscape buffer between the Project and the NEWRF/WTP; shared use of stormwater management facilities; and shared use of the access driveway into the Phase 1 site. 1.8. It is assumed the entry road from immokalee Road, including pedestrian facilities and landscape buffers, will be designed and permitted as part of the NEWRF/WTP project. The services described herein are predicated on just providing internal vehicular and pedestrian access connections to the entry road. 2. SCOPE OF SERVICES 2.1. Survey Services 2.1.1. Augment the 'topographic survey previously completed for the NEWRF/WTP site to provide additional topographic elevations necessary for the Phase 1 design. Provide three (3) ditch cross - sections at the Waterways Outfall Ditch crossing for the purpose of designing a proposed pedestrian bridge crossing. 2.1.2. Update the boundary survey previously completed for the NEWRF/WTP project [this does not include preparing a new boundary survey to subdivide the parent tract into -- distinct properties]. 2.2. Geotechnical Engineering Services 2.2.1. Obtain the required local drilling permit, contacting Sunshine One Call to obtain utility clearance for underground utilities in the area, and mobilize the drill !rig to the site. 2.2.2. Drilling a total of 22 soil test borings. Ten borings will be completed within the perimeter of the proposed building structures and tennis /basketball courts to a depth of 29 below grade. Six borings will be completed within the parking and drive areas to depths of 10' below grade. Four borings will be completed within the two proposed lake perimeters to a depth of 25' below grade. Two borings will be completed at the proposed pedestrian bridge to a depth of 30' below grade. 2.2.3. Visually stratifying the borings by a geotechnical engineer. 2.2.4. Analyze the data. 2.2.5. Prepare an engineering report summarizing the findings and presenting an evaluation and recommendations for: foundation alternatives including shallow foundation alternatives or deep foundation alternatives; site preparation and foundation installation recommendations provided in a guideline specification format; and encountered soils for use as structural fill in the proposed park: DO& 157772 Y¢ 011• AGOWALF- V02 -MF- EPRE- 26472 wilsbmiller, - Ngw Directions In Planning, Design & Engineering 2.3. Landscape Architecture Services 2.4. 005- 157772 Ver. 011- AGOWAIE 402 -01F- EPRE- 26472 Agenda Item No. 16D5 December 13, 2005 Page 7 of 13 2.3.1. Utilizing the hand -drawn Master Plan depicted in Exhibit A, prepare final site design plans and incorporate adjustments to plan as requested by Client. Coordinate site design issues with the NEWRF/WTP team. 2.3.2. The NEWRF/WTP team is currently designing, and will soon submit a permit application, to construct a landscape buffer within certain portions of the Owner's site. We will incorporate the appropriate portions of the landscape buffer to be constructed within the Project boundary as an "existing condition" in the Project drawings. Coordinate with the NEWRF/INTP team regarding the temporary/permanent irrigation for the landscape buffers that will be constructed prior to the Project. 2.3.3. Prepare one (1) preliminary planting plan and plant palette. 2.3.4. Assemble cut sheets and images of site furnishings alternatives. Review with Client and select preferred site furnishings. 2.3.5. Prepare one (1) schematic irrigation plan, indicating source location, mainline routing, and zones by type of head. Meet with Client maintenance and operations personnel to establish preferred equipment manufacturers. 2.3.6. Meet with Client to review the preliminary plans and incorporate Client comments. 2.3.7. Refine the landscape and irrigation design based on Client comments, and review a second time with Client and design team members. Upon approval, proceed with construction documents. 2.3.8. Prepare planting plans, which will indicate locations, size and quantity of trees, palms, shrubs and ground covers. Plans will include typical planting details and specifications.. 2.3.9. Prepare site furnishings schedule and location plan. Provide cut sheets and manufacturer's information. 2.3.10. Prepare irrigation plans, which will include source, mainline routing, sprinkler head locations, interconnect piping, valves and controllers. Plans will include pump station design and irrigation details. Consultant understands that the irrigation source will be reclaimed water supply from the proposed NEWRF/WTP project. It is also assumed that the reclaimed water supply source will be provided to the Park site at sufficient pressure to avoid the need for booster pump equipment. This proposal does not include the design or permitting of supplemental pressure enhancing pump systems. 2.3.11. Submit SDP plans to Collier County, follow -up and respond to County comments. Site Engineering Services 2.4.1. Provide overall project management and administrative activities. 2.4.2. Attend up to ten (10) coordination meetings with Client or other parties. Agenda Item No. 16D5 December 13, 2005 HIiIsdam ller� Page 8 of 13 Mew DPO'on n Planning, D sign & Enginee n 2.4.3. Trip Generation Analysis: bue to tie very lo4v p.m. peak hour traffic impact of the proposed' park, Consultant will prepare a Trip Generation Analysis for the revised park acreage to accompany a TIS Waiver Request. Consultant will consult with County Transportation reviewers to determine the acceptable trip rates and to determine if the Waiver Request is adequately supported. If upon review and consideration, County Staff requires additional data collection or analyses, such services will be performed as an additional service. 2.4.4. Prepare engineering design and construction drawings for onsite paving /grading /drainage /water /sewer facilities. 2.4.5. Attend pre - application conferences associated with the Site Development Plan (SDP) application and SFWMD ERP application. 2.4.6. Prepare paving/ grading /drainage/water /sewer /erosion control detail drawings necessary for the SDP application package. 2.4.7. Prepare a General Permit Modification application to the existing Environmental Resource Permit for the Waterways development and coordinate the application submittal requirements with the NEWRF/WTP team. 2.4.8. Prepare Florida Department of Environmental Protection (FDEP) applications for water distribution system and wastewater collections systems for the Project. 2.5. Architecture Services 2.5.1. Predesign Services 2.5.1.1.Predesign meeting with Design Team 2.5.1.2.Onsite observations of existing conditions 2.5.1.3.Review available surveys and preliminary plans 2.5.1.4.Meet with Client's staff - 2.5.1.5.Meet with Utilities Department and NEWRF/WTP team 2.5.1.6. Coordinate with NEWRFIWTP team 2.5.2. Conceptual Building Plans 2.5.2.1.SDP Preapplication Meeting 2.5.2.2.Predesign meeting with County Parks and Recreation 2.5.2.3. Preliminary Design: 2.5.2.3.1.Maintenance Building, Approx. 3,000 sf. 2.5.2.3.2.Picnic Pavilion(s), est. 800 sf OOS 187772 Ver. Oil- AGON7ALE uO24XF- EPRE- 26472 Agenda Item No. 16D5 Vilsmmiller* December 13, 2005 Page g of 13 New Directions In Planning, Design Engineering 2.5.2.3.3.Restroom and Meeting �acility, approx. 1,000 to 1,600 sf. 2.5.2.3.4.Site Lighting, excluding the proposed green space play area 2.52.3.5. Pedestrian bridge at Waterways Outfall Ditch crossing 2.5.2.3.6.Preliminary Plans (30% submittal): Floor Plan and Elevations 2.5.2.4.Design Development Plans 2.5.2.4.1.Design Development Plans (60% submittal): Floor Plan; Reflected Ceiling Plan; Elevations; Roof Plans; Finish Schedules; Plumbing Plan; Site Lighting Photometric Plan; and Site Lighting Plan 2.5.2.4.2.SDP Architectural Review Plans: Floor Plans; Color Recommendations; Color Elevations; and Site Lighting Plan 2.5.2.5.Construction Documents 2.5.2.5.1.Architectural Design 2.5.2.5.2. Engineering 2.5.2.5.3.Structural 2.5.2.5.4. Plumbing 2.5.2.5.5. Mechanical 2.5.2.5.6. Electrical 2.5.2.6.Code Compliance Analysis 2.5.2.7. Contract Documents (100% submittal) 2.5.2.8. Specifications 2.5.2.9.Architectural Drawings: Floor Plan; Reflected Ceiling Plan; Roof Plan; Exterior Elevations; Interior Elevations; Finish Schedule; Door Schedule; Window Schedule; Architectural Wall Sections; Architectural Details; Accessory Schedule 2.5.2.10.Structural Drawings: Foundation Plan; Roof Framing Plan; Load Criteria; Structural Sections; Structural Details 2.5.2.11.Plumbing Drawings: Plumbing Plan; Plumbing Risers; Details; Fixture Schedule 2.5.2.12. Mechanical Drawings: HVAC Plan; Equipment Schedules; Energy Calculations; Details 2.5.2.13, Electrical Drawings: Electrical Plan; Lighting Plan; Fixture Schedule; Riser Diagrams; Load Calculations; Site Lighting Plan 005- 157772 Ver. 011- PGON1iuE. a02.OIF- EPR& 28672 Agenda Item No. 16D5 wilsonmiller" Page 10 of 13 December 13, of 13 New DirecNnns in Planning, Design & Engineering 2.6. Aquatic Engineering Services 2.6.1. The proposed Interactive Water Feature (IWF) at Orangetree Park will be an exact duplicate of the Eagle Lakes Park IWF, except for some minor site differences. This proposal is based on the work effort associated with reusing Eagle Lakes IWF design. Prepare drawings during schematic design, design development, and construction documents phase for the following: 2.6.1.1.Aquatics engineering 2.6.1.2. Chemical systems/ engineering 2.6.1.3. Chemical equipment selection and specification 2.6.1.4. Deck finishes 2.6.1.5. Deck equipment selection and specification 2.6.1.6. Department of Health (DOH) coordination and engineering approvals 2.6.1.7. Outdoor equipment yard— layout of IWF equipment components 2.6.1.8. Filtration, motor starter, and plumbing equipment selection and specification 2.6.1.9. Heater(s) 2.6.1.10.Permitting for DOH approval 2.6. 1.1 1.Recirculation and feature piping / engineering 2.6.1.12. Self-contained chemical storage container I pak (outdoor) 2.6.1.13.Self- contained reservoir container (outdoor) 2.6.1.14.Underwater equipment selection and specification (within the reservoir tank) 2.6.1.15.Deck shower design 2.6.1.16.Technical specifications 2.6.1.17. Control wiring design 2.6.2. It is unknown at this time whether the IWF will require a special foundation such as piling to support the IWF pad due to poor in -situ soils. This can only be determined after the geotechnical investigations are completed. Enclosed is a fee for additional services to be provided after written authorization from the Client. 2.7. Permit Phase Services 2.7.1. Respond to up to three (3) requests for information related to the SDP review process. -- 2.7.2. Respond to up to two (2) requests for information related to the ERP review process. 005.157772 Vtr.011- AGONZALE V02 -0IF- EPRE- 26472 Wilsonuillero 2.$. Reimbursable Expenses New Directions In Planning, Design & Engineering Agenda Item No. 16D5 December 13, 2005 Page 11 of 13 Expenses for blueprints, reproduction services, database searches, color graphics, overnight express delivery service and long distance telephone calls shall be reimbursable to WilsonMiiler. 3. GENERAL CONDITIONS AND UNDERSTANDINGS 3.1. Scope of services, schedules, and fee structures are based on a one -time design process, including document preparation, bidding and submittals. Plan revisions and resubmittals that are caused by site plan changes, program changes or value engineering will be considered additional services. This proposal is also predicated on the simultaneous submittal and permit support services of the site development application and environmental resource application with the NEWRFIWTP project. Sequential or independent submittals of the park applications after or before the NEWRF/WTP project applications will be considered an additional service with an appropriate adjustment to the project fees. 3.2. The Project will be bid as one (1) package with one (1) set of construction drawings and specifications. 3.3. The Client will pay all permit application and review fees. 3.4. The Client is responsible for providing right of entry to the Consultant as well as indicating the location of any utilities or other sensitive site features that are known to the Client. Although the Consultant will attempt to limit damage to the site, the costs of any restoration of the site or repair to utilities will not be the Consultant's responsibility or liability. 3.5. This proposal does not include services associated with: 3.5.1. On -site or off -site wetlands or listed species habitat restoration or management plans. This proposal assumes no listed species are present. 3.5.2. Modifications to the site layout after submittal of the Site Development Plan application. 3.5.3. US Army Corps of Engineers or US Fish and Wildlife Service permitting. 3.5.4. Off -site features. 3.5.5. Water Use Permit 3.5.6. Dewatering Permit 3.5.7. Bidding 3.5.8. Construction 3.6. This proposal does not include plan revisions due to value engineering evaluations, multiple construction phases, or changes in permitting regulations requested after the original site development plans submittal. 005- 157772 Ver. 01!- AGONZALE 1102.UF- EPRE- 76472 IF 5. FEES ■iMllsomim%ller® New Directions in Planning, Desiqn & Engineering The fees for SCOPE OF SERVICES shall be as follows: Par. Description Fee T Fee Amount Basic Services 2.1 Survey Services Fixed $2,500 2.2 Geotechnical En g. Svcs. Fixed $9,900 2.3 Landscape Arch. Svcs. Fixed $58,750 2.4 Site En g. Svcs. Fixed ( $121,000 2.5 Architecture Svcs. Fixed $41,770 2.6.1 Aquatic En g. Svcs. Fixed $20,860 2.7 Permit Phase Services ( Fixed $67,300 2.8 Reimbursable Expenses TIM $18,000 Total Estimated Basic Services $340,080 E.. . ........ . .. Additional Services :!!.:2] Aquatic Eng. Special Fixed $5,935 Foundation Design 11M = Estimated Time /Materials expense fee ACCEPTANCE AND AUTHORIZATION TO PROCEED 5.1. Assignment Agenda Item No. 16D5 December 13, 2005 Page 12 of 13 This Agreement gives no rights or benefits to anyone other than the Client and the Consultant, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole benefit of the Client and the Consultant. The Client shall not assign or transfer any rights under or interest in this Agreement, or any claim arising out of the performance of Services by Consultant, without the written consent of the Consultant. 5.2. When professional services relating to the design and permitting process are performed for a fixed fee, fees shall be billed monthly for the project portion completed to the billing date. Full payment of the fixed fee associated with that permit application or deliverable shall be due to WilsonMiller prior to the submission of each permit application and /or deliverable to the respective govemmental agency(ies) or Client. 5.3. This Proposal /Agreement is open for acceptance by Client through November 19, 2005 after which it will be withdrawn by WilsonMiller and may be subject to re- negotiation. SECTION 5.5 5.4. Owner /Client Authorization This proposal is to be executed under the Client's annual fixed term contract as a work order. 00¢ 157772 Vx. 01!- AGONME 1424HF- EPftE- 26472 Agenda Item No. 161D5 noramhor 1':t gnn5 t ?"MMC�.b i ' Lot EM Z b�trA f1 3 Agenda Item No. 16D6 December 13, 2005 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to award Bid No. 06 -3923 to Southeast Correct Craft for purchase and delivery of a ski boat in the amount of $33,937 Objective: To offer water ski programming on Lake Avalon at Sugden Regional Park. Considerations: On September 27, 2005, the Board of County Commissioners approved the FY 06 budget for Parks and Recreation, which included start-up and operating funding for a water ski program on Lake Avalon at Sugden Regional Park. Bid No. 06 -3923 was posted on November 10, 2005. Notices were sent to four vendors. Bids were opened on December 1, 2005, with the sole bid submitted being from Southeast Correct Craft for $33,937. A bid tabulation sheet is attached. Staff recommends award to Southeast Correct Craft as the lowest, qualified and technically responsive bidder. Fiscal Impact: Funds are available within the Sugden Regional Park appropriations in the FY 06 budget within the General Fund (001). Growth Management Impact: No Growth Management Impact is associated with -~ this action. Recommendation: That the Board of County Commissioners approves the award of Bid No. 06 -3923 to Southeast Correct Craft for purchase and delivery of a ski boat in the amount of $33,937 Prepared by: Amanda O. Townsend, Operations Analyst, Parks and Recreation Agenda Item No. 16D6 December 13,2005 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS .,..... Item Number. 1606 Item Summery: Recommendation to award Bid No, 06.3923 to Southeast Correct Craft for purchase and delivery of a Oki boat in the amount of $33,937 Meeting Date: 12/1372005 9.00:00 AM Approved By Kathy Carpenter Executive Secretary We Public Services Public Services Admin. 1112912005 10:56 AM Approved By Maria Ramsey Public Sevicas Administrator Data Public Services Public Services Admin. 111287200511;40 AM Approved By Scott Johnson Purchasing Agent Dah Administrative Services Purchasing 1211120081:55 PM Approved By Steve Camell Purchasing /Generaf Svcs Director new Administrative Services Purchasing 1211/2005 2:08 PM Approved By Mike Hauer Acquisition Manager Date Adminiatrativa Services Purchasing 12MI20054:20 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 12!2!2005 8:16 AM Approved By Michael Smykewski Management S Budget Director Date County Manager's office Office of Management A Budget 12121204511:19 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager`s Office 12131200511:13 AM Project Mgr: Mike Toolan BID: 06 -3923 Date Posted: 11 -10 -05 "Purchase of One (1) Ski Boat" Date Due: 11 -30 -05 Agenda Item No. 16D6 December 13, 2005 Noticit§L-i3tnf43 Packages Requested: 1 Bids Received: 1 Description Southeast Correct Craft Furnish and Deliver One 1 Ski Boat asspecified $ 33,937.00 Delivery Time in Calendar Days 45 Two Copies of Manufacturer's Specifications Attached Y Prompt Payment Terms N Opening Agent: Scott D. Johnson Witness: Courtney Grosman Page 1 of 1 Agenda Item No. 16D7 December 13, 2005 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to award Bid #06 -3913 to Berry's Barbell and Equipment, Inc. and Life Fitness for purchase, delivery, and maintenance of Fitness Equipment at an estimated FY 06 expenditure of $320,000 Objective: To furnish the fitness center at North Collier Regional Park and establish vendors for replacement equipment for all County fitness centers. Considerations: The Parks and Recreation Department needs to purchase new fitness equipment for the North Collier Regional Park as well as replacement equipment periodically for other County fitness centers. Invitations to bid for contracted vendor status for purchase, delivery, and maintenance of fitness equipment were sent to 13 bidders. Two bidders returned proposals by the due date. Staff has reviewed the bids and, based on offerings, is recommending the bid be awarded to Berry's Barbell and Equipment, Inc. and Life Fitness as vendors of fitness equipment. The award to two vendors allows for flexibility based on product line and availability. A bid tabulation sheet is attached for review. The equipment that will be purchased includes the following: free weights, benches, cardio vascular equipment, and various strength machines. All equipment is needed to outfit the fitness center at North Collier Regional Park. Fiscal Impact: Funds to purchase the equipment for North Collier Regional Park are available in the Regional Park Impact Fees Fund (346), North Naples Regional Park Project (80602). To date the Direct Materials Purchase program has returned $819,984.49 in tax savings to the project. These funds will be used to fund this purchase as well as other items not included in the GMP, such as furniture, impact and permitting fees, and builder's risk insurance. Funds to purchase replacement equipment are included in the appropriate Parks and Recreation Department annual budgets. Growth Management Impact: No Growth Management Impact is associated with this action. Recommendation: That the Board of County Commissioners awards Bid #06 -3913 to Berry's Barbell and Equipment, Inc. and Life Fitness for purchase, delivery, and maintenance of Fitness Equipment. Prepared by: Amanda Townsend, Operations Analyst, Parks and Recreation Agenda Item No. 1:6D7 December 13. 2005 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. 1607 Item Summary: Recommendation to award Bid #06 -3913 to Berrys Barbell and Equipment, Inc and Life Fitness for purchase. delivery, and maintenance of Fitness Equipment at an estimated FY D6 expenditure of $320,000. Meeting Date: 1211312005 9:00:00 AM Approved By Kathy Carpenter Executive Secretary Data Public services Public Services Admin. 111301200510 :12 AM Approved By Scott Johnson Purchasing Agent Data Administrative Services Purchasing 1113 01200 5 10:20 AM Approved By Stave Cameit PurchasinglGeneral Svcs Director Data Administrative Services Purchasing 11/30120051 :11 PM Approved By Mike Bauer Acquisition Manager Data Administrative Services Purchasing 11130f20061:22 PM Approved By Maria Ramsey Public Services Administrator ciao Public Service& Public Services Admin, /113012005 3:53 PM Approved By OMB Coordinatot Administrative Assistant Data County Manager's Office Office of Management & Budget 12!112005 1:29 PM Approved By Gary A. Vincent Management &Budget Analyst Data County Manager's Office Office of Management & Budget 1211120051:42 PM Approved By Susan Usher Senior Monagamem/Budget Analyst Data County Manager's Office Office of Management & Budget 1 211120 0 3 4:41 PM Approved By Michael Smykawski Management & Budget Director Data County Manager's Office Office of Management & Budget 12IV2005 %59 AM Approved By James V. Mudd County Manager Data Board of County Commissioners County Manager's Office 12tS/20054:35 PM Project Mgr.: Gary Stagg Parks and Recreation BID #06 -3913 "Fitness Equipment" Agenda Item No. 16D7 December 13, 2005 Notice§'t3 df33 Bids Received: 2 Manufacturer MSRSP Discount Percentage Berry's Barbell Life Fitness 1. Life Fitness Equipment: N/A 15% Parts: List 15% 2. Cap Barbell Equipment: 15% See Bid Parts: 15% 15% 3. Cybex Equipment: See Bid No Bid Parts: 10% No Bid 4. Hampton Equipment: 15% No Bid Parts: 15% No Bid 5. Hoist Equipment: See Bid No Bid Parts: 10% No Bid 6. Landice Equipment: 20% No Bid Parts: 10% No Bid 7. Magnum Equipment: 10% No Bid Parts: 10% No Bid 8. Precor Equipment: No Bid No Bid Parts: List No Bid 9. Stairmaster Equipment: 10% No Bid Parts: 10% No Bid 10. Troy Barbell Equipment: 15% No Bid Parts: 15% No Bid 11. True Equipment: 20% No Bid Parts: 10% No Bid Per hour labor rate for maintenance and repair work: $80.00 $90.00 Other Discounts (describe): N/A N/A Comments: N/A N/A Two Copies of Manufacturer's Specifications Attached: Y/N N Y Deviations from Specifications? Y/N N N/A If so, List of Deviations Attached? Y/N N N/A Agent- Scott D. Johnson: Witness- Courtney Grosman: Page 1 of 1 Agenda Item No. 1608 December 13, 2005 Page 1 of 9 EXECUTIVE SUMMARY RECOMMENDATION TO ACCEPT THE FORD FLEET TEST BAILMENT CONTRACT WHICH PROVIDES FOR THE USE OF A VEHICLE TO TRANSPORT VETERANS TO VA MEDICAL APPOINTMENTS OBJECTIVE: To accept a Ford Fleet Test Vehicle for the Veterans Transportation Program. CONSIDERATIONS: Ford Fleet Testis providing a 2005 E -150 test vehicle to assist with the transportation of veterans to VA medical appointments. The Collier County Veteran's Transportation program is a cooperative program between the County and the Veterans Council. So far this fiscal year, the program has provided transportation to over 140 veterans to VA medical appointments at the Ft Myers Clinic and the Bay Pines VA Medical Center. Many of our World War II and Korean War veterans rely on our service because of distance and travel time to the Medical Center. The Ford will give us the flexibility to provide better service to the veterans in our community. FISCAL IMPACT: Collier County will provide insurance and regular maintenance per the Ford Fleet Test contract. Maintenance and insurance costs will amount to $10,100 per fiscal year (money not spent will revert to the General Fund). The duration of the contract is for two years. There is no other cost for the vehicle. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. RECOMMENDATION: That the Board authorize its Chairman to execute the Ford Fleet Test Bailment Contract for a 2005 E -150, said contract being in effect for a two year period ending in 2008. Agenda Item No. 16D8 December 13. 2005 Page 2 of 9 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ,.�,.. Item Number. 16DS Item Summary: Recommendation to accept the Ford Fleet Test Bailment contract which provides for the use of a vehicle to transport veterans to VA medical appointments. Meeting Date: 12/13/2005 9:00:00 AM Approved By Kathy Carpenter Exacutiva Secretary Data Public Services Public Services Admin. 12121200511 :35 AM Approved By Maria Ramsey Public Services Administrator Dots Public Services Public Samioas Admin. 1212 %2006 2:1T PM Approved By Michael Smylromild Management 8 Budget Director Data County Manager's Office Office at Management & Budget 1212121105 3:02 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 12/512005 5:28 PM Nov 28 2005 I z 57PM HP LASERJET FAX Agenda .,(�V.Q. n68 December 13, 2005 - Page 3 of 9 Contract # Request FORD MOTOR COMPANY EQUIPMENT LOAN AND EVALUATION AGREEMENT THIS AGREEMENT is entered into this 21st. day of November, 2005. by and between FORD MOTOR COMPANY, a Detaware corporation (Ford), with offices at The American Road, Desrbom, Michigan, and Collier County Veterans Services, s(n) Fly corporation, with offices at 163301 Tamiami Trail E Naples. FL 34112 (Borrower). RECITALS A. Ford is wiling to fend to Borrower certain equipment ["Equipment ") described in Paragraph i hereof for the purpose of aiding Fond in evaluating various aspects of the products it manufactures andlor sells. B. Borrawar is willing to accept the Equipment and use it for the purpose and in accordance with the terms and conditions cf this Agreement TERMS -& CONDITIONS 1. Bailment. Ford and Borrower agree that this Agreement shall constitute a bailment of the Equipment to Borrower. Ford hereby lends the following Equipment to the Borrower to be held and used by Borrower, as a bailee of the Equipment, In accordance with this Agreement: DESCRIPTION IDENTIFICATION 2005 E -150 Tag # 294WO20 1 FMIRE11 L05HA00009 �� M4crt -FA1C TsaAsrntttel ° sFSe 2. Location and Title. Borrower shall utilize the Equipment in the Florida area for the purpose of assisting Ford in evaluating its products. The Equipment shall remain the property of Ford. The Equipment shall at all times be property used and maintained by Borrower and shall be marked "Property of Ford Motor Company". The Equipment shall not be removed from the area referred to above, without Ford's prior written approval, for any reason other than for delivery to Ford. Upon issue Data: January, 1992 Page 1 of 6 Revision Date: August, 1999 Path: vr:t ogclogcctlpurchlbal lmenttiVL&E.dot --.,Nov 29 2005 1 : 57PM HP LRSERJE7 FOX Agenda Item No. 0638 December-T3,, 2TifJ5- Page 4 of 9 Contract # Request ## request by Ford, the Equipment shall be immediately delivered to Ford. Ford shall have the right to enter onto Borrower's premises at all reasonable times to inspect the Equipment and Borrower's records with respect thereto. Borrower shall from time to time advise Ford of the location of the Equipment 3, WOgtr,.I 8ormwer shall defend, Indernnify, and save harmless Ford and its subsidiaries and their respecter® oflioom, directors, agents, and employees (hereinafter coltecttvely called "Indemnitees ") from and against any and all losses, damage, CWme, actions, cots and expenses, inducting, but not limited to, fear and expenses of too counsel and expert witnesses, that may be imposed upon or humtred by or asserted or entered against the Indernrritess, or any of them, by reason of actual or alleged: (t) injury to or death of parsons (including, without limitation, any employee or employees of one or more of the indemnitees or of Borrower or of one or more of Its contractors, subcontractors, vendors or agents); {it) loss of or damage to the property of any person or legal entity (including, without limitation, any property of any employee or employees of one or more of the Indemnitees or of Borrower or of one or more of its contractors, subcontractors, vendors or agents); or (ft) violation of any law, ordinance or regulation of any governmental authority, (including, without limitation, the ilnited States of America or any of its states or localities, or Canada or any of Its provinces or locallties) by Borrower or by any of its contractors, subcontractors, vendors, agents or employees; as a result of or arising out of or in connection with the testing, evaluation, possession or use, by or on behalf Of Borr+OWOr. of the Equipment, or the condition thereof; provided, however. that the foregoing agreement to indemnify and hold the tndernniteas harmless shag not be applicable to the extent that any such loss, damage. cairn, action, suit, judgment, decree!, order, cost or expense are attributeNe to the sole negligence or the willful or wanton misconduct of the Indernnhees. Borrower shag promptly notify Fond of any event covered by this Paragraph of which Borrower has actual notlt;e, and Ford shell be entitled to participate In the defense of any ciaim for expenses. 4. Taxes Fees and ¢then Perm. Borrower shall pay all occupational taxes and governmental charges Imposed in connection with the use and operation of the Equipment, including any permits, special permits, licenses or taxes required by the business of Borrower, emissions tests, and all sues, use, excise, personal property, state, provincial and mileage taxes, tolls or any other taxes or fees (and all Increases therein) currently in force or which hereafter may be enacted and become due and payable during the lease term with respect to the Equipment or its ownership, possession, rental, transportation or delivery. Borrower shall assume responsibility for ensuring that the Equipment has bean property registered, including any required inspections or testing, in accordance with the laws of the jurisdiction where the Equipment will be primarily used. Except as otherwise Issue Date: January, 1992 Revision Date: August, 1989 Path: w" b gclogcct\pumh%baiimentNVL&E.dot Page 2of6 Nov 28 2005 1:57PM HP LRSERJET FRX Agenda Item No. 06138 December` 13, 2005 Page 5 of 9 Contract ;# Request # provided herein, Ford shall obtain and provide Borrower with all necessary authorizations, permits, waivers or exemptions which may to required from a government agency to operate the Equipment on public highways. Borrower shalt use, operate, and test the Equipment only in accordance with the terms and provisions of any such authorization, perm it, waivar cx exemption, and expressly agrees to indemnity and hold harmless Ford from and against any and all damages, suits, actions, claims, costs or expenses arising from, or connected with, any violation or noncompliance with any of the terns and provisions of any such authorizatlon, permit, waiver or exemption by, or resulting from the ;action or Inaction of, Borrower or any of its aigents or employees. 5. Insurame. Borrower, at its sole cost and expense, shell procure and maintain during the term of this Agreement, from insurers listed in a current "Bests Insurance Guide" as possessing minimum policyholder's rating of 'A= and a financial catefloy of °Vr, commercial automobile fabflty, and commercial general liability Insurance covering body injury liatrttty, and property damage liability, including broad form property damage liabiity and contractual liability coverage (either a blanket policy or a policy applying specifically to this Agreement), with limits of not less than $3 million combined single limit per occurrence of loss or damage. Such insurance coverage shall protect the Borrower, Ford and any person using, operating or otherwise having an interest in the Equipment and shall also meet the requirements of any so- called "no- fault' law now In effect or which hereafter may be enacted. Such Insurance policy shall name Ford as an additional Insured and shall provide that the policy may not be canceled or materially altered without 30 days prior written notice to Ford. The insurance provided by Borrower will be primary Insurance and will not be excess to or contributory with respect to Insurance coverage, if any, provided by Ford. in addition. Ford shall be named as an additional Insured on any excess or umbrella program purchased or maintained by Borrower. At or before delivery of the Equipment to Borrower, Borrower shall provide Ford with acceptable evidence of Insurance coverage to accordance with this Agreement by delivering certified copies of insurance policies that provide the required coverage, or certified copies of existing insurance policies that have been endorsed to provide the required coverages, or certificates of insurance executed by the Insurer or its authorized representative that certify the required coverages. The fvrnisNng of such insurance shall not relieve Borrower from any liability or obligation for which it is otherwise responsible to Ford. Ford shall be under no duty to examine any certificate provided by Borrower or to advise Borrower that its insurance coverage does not comply with the requirements set forth herein. S. Maintenance and Repairs. Borrower shall inspect the Equipment upon delivery and by acceptance thereof is deemed to find the Equipment in good working order and condition. Borrower or its designee shall maintain the Equipment In good working order and condition, property serviced and greased, and comply in every respect with the provisions of Paragraph 10 hereof, and of the manufacturer's owner manual that came with the Equipment, Ford or its designee shall make all major repairs necessary to maintain the Equipment in good working order and eondltion. Title to all such repairs shall vast in Ford. All repairs and servicing shall be done by qualified service personnel Issue Date: January, 1992 Page 3 of B Revision Date: August, 1999 Path: w: 4ogclegccflpurch lailmentlVL&E.dot ­Nov 28 2005 I:57PM HP LASERJET FAX Agenda Item No.F1610$ December 13, 2DD-5— `- Page 6 of 9 Contract# Request # except that warranty work, to the extent practicable, shalt be done at the shop of the nearest authorized dealer in such make of the Equipment Borrower shall pay for all gasoline, oil and normal service required for the proper operation of the Equipment and for all washing, parking, garage, highway road service. tons and fines required or incurred In connection with the operation of the Equipment 7. Delivery and Return of Eq i�ment. Ford shall be responsible for delivery of the Equipment to Borrower at 3301 Tamiami Trall E Naples FL 34112. Ford shall not be responsible for any delay in delivery of the Equipment. Borrower shall return the Equipment to Ford, at a location designated by Ford, no later than the dose of business on 1213012008. 8. l-se of EaIji0ment Borrower shall utilize the Equipment for the purposes of modification, testing and/or evaluation as specified by Ford from time to time. SonvAear shall not use or operate the Equipment in violation of arty federal, state, focal or provincial islet, ruis, regulation or ordinanoe Including those pertaining to the age and licensing of drivers, the disclosure or Ford's Interest in the Equipment. or other requirements or limitations. Under no circumstances shall Borrower disconnect any odometer or other mileage recording device nor shall tile, Equipment be used or operated (a) In a manner subjecting it to depreciation above the normal depreciation associated with general commercial use, (b) for any Illegal purpose or by a person under the Influence of alcohol or narcotics, (c) in any mariner or for any purpose that would cruse any insurance specified In this Agreement to be suspencled. cancelled, 14d lrsapplicaUe or increased In cost, or (d) outsides the continental !United States or Canada withput Fonts express written permission. The Equipment shall be operated at all fines in a safe, careful and lawful mariner and by legally qualffled drivers. The Equipment may be operated only by persons who are employees of the Borrower and stand in relations to the Borrower as employee to employer. Further, the operation of the Equipment shall be conducted under the exclusive supervision, direction and control of Borrower. Under no circumstances shall an employee of Borrower be considered or Meld out as an agent, servant or employee of Ford. 9. Inspection and Reports. Borrower agrees to allow Ford to inspect the Equipment aid to otherwise observe it In operation at such the and faidiity as Ford may specify. Borrower shall provide Ford with such mllsage, maintenance, safety, operating or other Information or copies of any such records maintained by Borrower with respect to that Equipment as Ford or any governmental agency may require from time to flrne. 10. Risk of loss. Borrower shall assume all risks of loss with respect to the Equipment, Including loss or damage that occurs despite Borrower's exercise of reasonable care, but excluding normal wear and tear, from the time It is delivered by Ford to Borrower at 3301 Tar riami Trall E Naples FL 34112 and until the Equipment has been returned to Ford at its local district sales office or at such other local Ford dealership as Ford may designate. In the event of damage to the Equipment, Borrower shall notify Ford to t iat effect and follow such instructions as Ford may provide with respect to repair or disposal of the Equipment. Borrower shall be responsible for payment of any repairs to the extent not covered by insurance Inuring to the benefit of Ford, if any Equipment is lost, stolen, destroyed or Is declared a total Issue Data: January, 1992 Revision Date: August, i 999 Path: w:l ogftg=tlpurchlbailmenttVL &E.dot Page 4 Df 9 Nov 29 2005 1:57PM HP LRSERJET FAX Agenda Item No.p1BS)8 Page 7 of 9 Contract # Request # oonstrudve loss (subject to Fords agreeiment as to such condition), Boirravver shall promptly notify Ford there d and hold any wreckage for d"al by Ford, With respect to any lost stolen, or destiviyed Equipment, Borrower shag pay Ford (to the extent not covered by insurance inuring to the benefit of Ford) an amount equal to the wholesale market value for comparable Equipment in a condition similar to the ImL stolen or destroyed Equipment immediately prior to any such loss. 11. Procedures on Accidents. Within 24 hours of an accident theft or conversion of any Eqw ment p Borrower shall file a written report to that effect with Ford and the insurer of such Equipment. Borrower shall promptly notify and furnish Ford with every demand, notice, summons, process and pleading received In every suit, action or claim arising with respect to the condition, use or operation of the Equipment, and cooperate with Ford and the Insurer in defending the some. Ford reserves the right to examIne arry such Equipment 12. Lerm!Mafion. Ford may terminate this Agreement at any time by giving 30 days prior written notice to Borrower, eyxept that Ford may terminate this Agreement effective immediately upon written notice to Borrower, is the event Borrower falls to provide or maintain any Insurance required hereunder, or in the event of the filing of any petition by or against Borrower under any bankruptcy, reorganization, rat eNmrshIp low, or SonvNers making an assignment for the benefit of creditors, or If Borrower makes or suffers any voluntary or involuntary assignments, or attachment lien, or levy Is made of or attached to the Equipment. or In the event Bor=Aw otherwise falls to adhere to the terms and conditions of this Agreement Borrower may terminate this Agreement at any time by giving 30 days prior written notice to Ford. Upon termination by either perl)4 Borrower shall make all Equipment immediately available for return to Ford. The obligations and rights provided in Paragraphs 3, 10, 14 and 15 shall survive termination of this Agreement. 13. Assionment. Borrower is expressly prohlb1ted from assigning this Agreement or delegating performance of any of Its obligations hereunder wtth"t the prior written consent of Ford. Ford shall not be prohibited from setting. assigning, transferring or otherwise enctinbering any interest or right henemder with respect to the Equipment Nothing contained herein shall be Interpreted as releasing Borrower from any of Its obligations as specified In this Agreement, 14. Publicit Neither party hereto shall identify the other party as a joint venturer or partner or otherwise characterize the arrangement between them as anything other than a bailment. Borrower shall not disclose or publicize to any third party: (a) any description of the Equipment technical specifications or other Information about Ow Equipment; (b) the nature or terms of this Agreement, or (c) the results of any testing, inspection or evaluation of the Equipment by Ford or SonvAw without Fords prior written consent. Borrower shall take the necessary steps to familiarize all appropriate employees of Borrower of its obligations under this Paragraph. Neither party shall use the other's name or logos, in whole or in part, for any purpose whatsoever, specifically including but not limited to any written, oral or pictorial endorsement testimonial or advertisement, whether actual or implied, without such other party's prior written approval. Issue Date: January, 1992 Page 5 of 6 Revision Date: August, 1999 Path: w-.Nogelog=p.purchNbalimantVL&E.dot Nov 28 2005 1 : 58PM HP LASERJET FAX Agenda Item Nol°1:0b8 December 13, 2005 Page 8 of 9 Contract # Request # 15. Force Maieure and No Consequential Damages. Ford shall not be liable for any failure in performing any provision hereof due to fire or other casualty, tabor difficuty, governmental restriction or any cause beyond Ford's control. Borrower specifically warrants that the Equipment is not critical to tl.e operation of its business and the loss of use of such Equipmard, for any reason whatsoever, wit not Have a material adverse affect on its business. IN NO EVENT SHALL FORD BE LIABLE FOR ANY LOSS OF PROFITS, OTHER CONSEQUENTAL DAMAGES OR INCONVENIENCE DUE TO EARLY TERMINATION OF THIS AGREEMENT, OR ANY THEFT, DAMAGE, LOSS, DELAY OR FAILURE OF DELIVERY OR DEFECT OR FAILURE OF THE EOUIPMENT, OR. THE TIME CONSUMED IN RECOVERING, REPAIRING, SERVICING OR REPLACING THE SAME. 16. Governing Law. This Agreement will be governed by and construed and Interpreted In accordance with the lams of the State of Michigan. 17, Entire Agreement. Waiver and Nofice. This Agreement constitutes the entire agreement between the parties and may only be amended, modified or supplemented by a written amendment executed by Ford and Borrower. Failure by Ford to enforce any term, provision or condition treof, ar to exercise any of its rights hereunder, shall not be construed as thereafter waMng arty such terms, provisions, conditions or rights. In no event shall any course of dueling, custom or usage of trade modify, alter or supplement any of the terms or provisions contained herein. All notloes spedf ad or permitted herein shag be In writing, rnafled postpaid U.S. mail, or courier service, with return receipt requested. 18. (additional Attachments; The following Attachments (if any) are incorporated into this Agreement by reference., = To the extent that a provision of an Attachment conflicts with a provision of this Agreement. THIS AGREEMENT SHALL_ SUPERSEDE THE ATTACHMENT. Execution of this document indicates agreement with the terms stated above and acceptance of the Equipment in good condition. The person signing for the Borrower warrants and represents that he or she Is an officer or agent of the Borrower and is authorized to execute this Agreement on its behalf. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed - by their authorized representatives as of the date first above written, COLLIER COUNTY VETE=RANS SERVICES FORD MOTOR COMPANY Borrower By: Typed Name: Fred W. Covle Title: Chairman of the Board of Courtly Contmisioners Date: Borrower Address: 3301 Tamiaml Trail E Naples, FL 3411 By: Typed Marne: Torn Gieleahem Title: Pandrain Controls F Components Concern Re§Phillon DepgLrtment,MAj2M Dale: Issue Date: January, 1992 Page 6 of 6 Revision Date: August; 1999 Path: w:iogclogectlpu chlbaiiment\VL&E.dot ftpproyod 44 to form LV- Audatimt Ownty At°tornoy _Nov 28 2005 1z58PM HP LASERJET FAX Date: Contract #: To: Donna Fiala Firm: Collier County Veterans Services 3301 Tamiami Trail E Naples, FL 34112 1`11211200 From: Ford Motor Company Powertrain Controls & Components Concern Resolution Department Agenda Item NoplZ08 December 13,'5 --- _..,`_ Page 9 of 9 Please accept the sincerest appreciation of Ford Motor Company for taking an active role in an extremely important part of the product validation phase of our overall product evaluation and verification effort. if remains the goal of Ford Motor Company to make the relationship we have formed equally beneficial to us both. Prior to consummation of our testing agreement, your firm reviewed an Equipment Loan and Evaluation Agreement, and agreed to comply with the contents of that document under signature of an effieer of your organization. In conformance with Ford Motor Company policy as well as local, state, and federal laws and statutes, you are hereby requested to provide to Ford proof of compliance with Articles 4 and 5 of the aforementioned document (titled Taxes. Fees and Other Permits and Insurance, respectively). Please forward copies of certificates and/or receipts as proof of payment for all applicable licenses, taxes, fees, dues, etc. and evidence of sufficient liability insurance coverage in accordance with the requirements outlined in Article 4 of the bailment. Please forward said documents to: Ford Motor Company 21500 OAKWOOD BLVD. MAIL DROP #17 DE4RBORN, MI 48121 ATTN: ROBIN R. WRIGHT Thank you again for joining Ford Motor Company in our effort to become the world's preeminent automotive manufacturer. Robin R. Wright Core Advanced Powertrain Engineering Powertrain Controls & Components Concern Resolution Department {Previous Issues MAY NOT BE USED) Agenda Item No. 16E1 December 13, 2005 Page 1 of 10 EXECUTIVE SUMMARY Recommendation to confirm and consent to the re- assignment of Contract Nos. 04 -3597, "Davis Blvd. Phase II MSTD Roadway Grounds Maintenance;" 05 -3686 "Part I Golden Gate Beautification MSTU /MSTD Roadway Grounds Maintenance and Part II — Radio Beautification MSTU /MSTD Roadway Grounds Maintenance; " and 05 -3874 "Golden Gate Annual Landscape Maintenance" from Advanced Lawn and Landscaping Service, Inc. to FRK Enterprises, Inc. dba Advanced Lawn and Landscaping Service. OBJECTIVE: To obtain the Board of County Commissioner's approval of the re- assignment of Contract Nos. 04 -3597; 05 -3686; and 05 -3874, from the original party, Advanced Lawn and Landscaping Service, Inc. to FRK Enterprises, Inc. dba Advanced Lawn and Landscaping Service, and approve the release of the original party, Advanced Lawn and Landscaping Service, Inc. from liability after the effective date of the consent. CONSIDERATIONS: The original Agreements are dated February 24, 2004, BCC Agenda Item 16(B)(3), 04 -3597; June 14, 2005, BCC Agenda Item 16(6)(11), 05 -3686; and September 27, 2005, BCC Agenda Item 16(B)(8), 05 -3874, and are by and between Advanced Lawn and Landscaping Service, Inc. and Collier County to which FRK Enterprises, Inc. dba. Advanced Lawn and Landscaping Service has become a successor in interest by assignment and -- assumption from Advanced Lawn and Landscaping Service, Inc. ( "Assignment "). Advanced Lawn and Landscaping Service, Inc. assigned all of its right, title, and interest in to contracts which were in effect as of September 28, 2005 to FRK Enterprises, Inc. dba Advanced Lawn and Landscaping Service. County staff was notified by submission of a copy of the "Bill of Sale ". Following the contract administration procedures, staff has acquired the necessary documents from Advanced Lawn and Landscaping Service, Inc., which have been reviewed and approved by the County Attorney's staff. FISCAL IMPACT: There is no fiscal impact. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners confirms and consents to the re- assignment of Contract Nos. 04 -3597, 05 -3686 and 05 -3874 from Advanced Lawn and Landscaping Service, Inc. to FRK Enterprises, Inc. dba Advanced Lawn and Landscaping Service and to release Advanced Lawn and Landscaping Service, Inc. from any liability after the effective date of the consent. Prepared By: Rhonda Rembert, Contract Specialist, Purchasing Department Agenda Item No. 16E1 December 13, 2005 Page 2of10 Agenda Item No. 16E1 December 13. 2005 Page 3 of 10 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. 16E1 Item Summary: Recommendation to Confirm and Consent to the Reassignment of Contract Nos. 04 -3597, "Davis Blvd. Phase 11 MSTD Roadway Grounds Maintenance;" 05 -3886 "Part I Golden Gate Beautification MSTUIMSTD Roadway Grounds Maintenance and Part 11 - Radio Beautification MSTUIMSTD Roadway Grounds Maintenance;" and 05 -3874 "Golden Gate Annual Landscape Maintenance" tram Advanced Lawn and Landscaping Service, Inc. to FRK Enterprises, Inc. dba Advanced Lawn and Landscaping Service. Meeting Date: 12)13!2005 9:00:00 AM Prepared By Rhonda Rsmbert Contract Specialist Data Administrative Services Purchasing 1111 812 005 1:54 :01 PM Approved By Rhonda Remben Contract Specialist Dab Administrative Services Purchasing 11 !21!20052:28 PM Approved By Diane B. Flagg Director ATM Director Data Transportation Services Ahemative Transportation Modal 11/2212005 2:43 PM Approved By Kelsey Ward Senior Purchasing and Contracts Agent Data Administrative Services Purchasing 111231200510:32 AM Approved By Bob Petersen Project Manager Data Transportation Services Alternative Transportation Modes 111221"05 10:30 AM Approved By Darryl Richard Prajeci Manager Dab Transportation Services Alternative Transportation Modes 1 112 312 0 0 6 I12a AM Approved By Steve Camell Purch- mgfGanaral Svcs Director Date Administrative Services Purchasing 1112312006 3:08 PM Approved By Lan Golden Prim Administrative Services Administrator Date Administrative Services Administrative Services Admin. 1112812005 3:43 PM Approved By OMB Coordinator Administrative Assistant Data County Manager's Office Office of Management & Budget 11128!2005 8:57 AM Approved By Michael Smyka —ld Management & Budget Director Date County Manager's Office Office of Management 3 Budget 11129120054:23 PM Approved By Lea E. Ochs, Jr. Deputy County Manager Data Board of County County Manager's Office 11/30/2005 2:00 PM Commissioners Agenda Item No. 15E1 December 13, 2005 Page 4 of 10 BILL OF SALE FOR "ADVANCED LAWN AND LANDSCAPING SERVICE" ADVANCED LAWN & LANDSCAPING SERVICE, INC., a Florida corporation, doing business as "ADVANCED LAWN AND LANDSCAPING SERVICE ", "Seller ", for and in consideration of the sum of TEN DOLLARS ($10.00), and other good and valuable consideration paid by FRK ENTERPRISES, INC., a Florida Corporation, of 298 Sabal Palm Road, Naples, Florida 34114, `Buyer ", the receipt of which is acknowledged, hereby grants, bargain, transfer and deliver, and by these presents do grant, bargain, sell transfer and deliver unto the said 'Buyers ", the following goods and chattels: ALL OF THE ASSETS OF THE BUSINESS OPERATION KNOWN AS "ADVANCED LAWN AND LANDSCAPING SERVICE" located at 298 Sabal Palm Road, Naples, Florida including, without limitation all leasehold improvements, goodwill, inventory, equipment, furnishings, telephone number or numbers, business name and all inventory, equipment and furnishings located on the business premises, including, but not limited to those items more particularly described in the attached Exhibit "A" Ado Of 7W T L . TO HAVE AND TO HOLD the same unto the said "Buyer" forever. And they do covenant to and with the said 'Buyer" that they are the lawful owners of said goods and chattels; that they are free from all encumbrances, that they have good right to sell the same as aforesaid, and that they will warrant and defend the sale of said property, goods and chattels, hereby made, unto the said 'Buyer ", against the lawful claims and demands of all persons whomsoever. By acceptance hereof, the 'Buyer" accepts and assumes any and all liabilities running with the business and or the premises as a result of their operation thereof from the Page 1 Agenda Item No. 16E1 December 13, 2005 Page 5 of 10 date of the closing onward, and hold the "Sellers" harmless therefore. Wherever used herein the singular number shall include the plural and the plural the singular, and the use of any gender shall include all genders. IN WITNESS WHEREOF, they have hereunto set their hands and seals this IS day of Septeber, 2005. Executed in the presence of SELLER: Print name Witness # 1 M Print me 7�• 1 ry- Witness # 2 STATE OF FLORIDA COUNTY OF COLLIER ADVANCED LAWN & LANDSCAPING SERVICE, INC., a Florida Corporation By: _ /C �� •!� JeWH L UNZEKE, President THE FOREGOING instrument was acknowledged before me this ?eday of September, 2005, by JOSEPH LUNEKE, as President of LAWN & LANDSCAPING SERVICE, INC., a Florida corporation, who is personally known to me, or who has produced identification and who did take an oath. zrQ My commission expires: _ JOHN S. DZ Notary Public - State of Florida Accepted By: Buyer FRK ENTERPRISES, INC., s "" MY COMMisso # DD t24 a Florida Corporation �y eo°UIRES' W* *vim By PKANK R. KIP, President 2 Agenda Item No. 16E1 December 13, 2005 Page 6 of 10 CERTIFICATE OF UNANIMOUS CONSENT OF ALL SHAREHOLDERS OF ADVANCED LAWN & LANDSCAPING SERVICE, INC. A meeting of all of the outstanding shareholders of ADVANCED LAWN & LANDSCAPING SERVICE, INC., a Florida corporation, was held immediately following the Board of Directors meeting of said corporation on September 28, 2005. After convening said meeting, discussion was had, and the Agreement for Sale and Purchase of Corporate Assets proposed by FRK ENTERPRISES, INC., a Florida corporation, which was referred to at said Board Meeting as Exhibit "A ", was thereby approved, unanimously. In addition, the content of all Board resolutions was approved. Said resolutions are hereby adopted and approved by the undersigned, who constitute all of the outstanding shareholders of this Corporation. SIGNED this. A day of September, 2005 No I Lei 91 VA 31 a 11111,110 34 .14 Agenda Item No. 16E1 December 13, 2005 Page 7 of 10 RESOLUTION AUTHORIZING SALE OF CORPORATE ASSETS OF ADVANCED LAWN & LANDSCAPING SERVICE, INC. WHEREAS, an offer has been made to this Corporation by FRK ENTERPRISES, INC., a Florida corporation, to purchase the entire property and assets of this Corporation, except any items excluded, as provided for in the proposed purchase agreement, for the consideration and upon the terms and conditions set forth in the following proposed agreement: SEE ATTACHED EXHIBIT "A" WHEREAS, in the opinion of this Board of Directors, it is for the best interests of this Corporation that its entire property and assets, less any exceptions recited in Exhibit "A ", be sold to the proposed purchasers, for the consideration and upon the terms and conditions named in the proposed agreement mentioned above, be it RESOLVED, that the offer of said FRK ENTERPRISES, INC., a Florida Corporation, is hereby accepted, subject to the approval of the stockholders of this Corporation, and RESOLVED FURTHER, that the President and Secretary are hereby authorized and directed to make, execute and deliver the aforementioned agreement upon the adoption of same by the stockholders, and RESOLVED FURTHER, that a meeting of the stockholders of this Corporation be called for the purpose of taking into consideration the execution of said proposed agreement, as soon as deemed possible. Because the Directors present at this Board of Directors meeting constitute all of the outstanding shareholders of this Corporation, by execution hereof, we hereby waive any notice requirement for the holding of said meeting, so that this matter may be expedited. I, JOSEPH LUNEKE, do hereby certify that I am the Secretary and keeper of the records and corporation seal of ADVANCED LAWN & LANDSCAPING SERVICE INC., a corporation existing under the law of the State of Florida, and that the above is a true and correct copy of resolution duly adopted at a meeting of the Board of Directors thereof, convened and held in accordance with the law and the Bylaws of said Corporation on September 28, 2005, and that such Resolutions are now in full force and effect. S , ADVANCED LAWN & LANDSCAPING SERVICE, INC. Agenda Item No. 16E1 ITEM NO.: DATE REUaEI 9F 13, 2005 i,ffifl OF [HE age 8 of 10 FILE NO.: COUNTY ATTORNEY ROUTED TO- M5 OCT i 7 AV !C: SO &5 A C ov_ l s DO NOT WRITE ABOVE THIS LINE Cep 0 l AON REQUEST FOR LEGAL SERVICES Bulsetpind Penlaoeti Dater October 14, 2005 To: Office of the County Attorney Attention: Colleen Greene or Robert Zachary , From: Rhonda Rembert, Contract Specialist Purchasing Department, Extension 894 Contracts Administration Division Re: Contract Nos. 04- 3597 "Davis Blvd. Phase II MSTD Roadway Grounds Maintenance" _ 05 -3686 "Part I Golden Gate Beautification MSTU /MSTD Roadway Grounds Maintenance and Part 11- Radio Beautification MSTU /MSTD Roadway Grounds Maintenance" and 05 -3874 "Golden Gate Annual Landscape Maintenance" BACKGROUND OF REQUEST: Seeking approval of contract assignment from Advanced Lawn and Landscaping Service, Inc. to FRK Enterprises, Inc. dba Advanced Lawn and Landscaping Service This item has not been previously submitted. ACTION REQUESTED: S c 12, Kew Review and approve assignment documents prior to BCC o '�- approval for compliance with contract assignment AIUM4- s c procedures. A6 jr. acf-s OTHER COMMENTS: f 1.--e 0l .0 Robert/Colleen:. Advanced Lawn and Landscaping Service, Inc. is i assigning current contracts with Collier County to FRK Enterprises, Inc. dba Advanced Lawn and Landscaping Service. On the issue of assignment, all of the above mentioned contracts are silent. if there are any questions concerning the documents provided, please contact me. Thank you. cc: Bob Petersen, Project Manager Darryl Richard, Project Manager. Its /Yr) ACORD CERTIFICATE OF LIABILITY INSURANCE FRXEN6 mbetQ ,1 'RODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFOR11111TIONDT Insurance and Risk Management ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ` r •ices , Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Fontana Del Sol Way #200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Naples FL 34109 -4374 Phone: 239 -649 -1444 Fax:239- 649 -7933 INSURERS AFFORDING COVERAGE NAIC # NSURED INSURERA: FCCI Insurance Company 10178 FRX Enterprises, Inc. dba INSURER B: FCCI Insurance Company 10178 Advanced Lawn and Landscaping INSURER C: Services 298 Sabal 341411mRoad INSURER D: Naples FL INSURER E: ;OV tKAUt:b THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. .TR A NSR X TYPE OF INSURANCE GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE F:;;71 OCCUR POLICY NUMBER CPP0005448 DATE MM/D 09/28/05 DATE 09/28/06 LIMITS EACH OCCURRENCE $1,000,000 PREMISES E.occurence $ 50,000 MED EXP (Any one person) $5,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $ 2,000 000 PRODUCTS - COMP/0P AGG s2,000 000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO LOC JECT A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS CA0006483 09/28/05 09/28/06 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 X BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ $ EXCESS /UMBRELLA LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE $ AGGREGATE $ S $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTNE OFFICER/MEMBER EXCLUDED? If yea, describe under SPECIAL PROVISIONS below 001WC05A55774 09/28/05 09/28/06 _ X TORY LIMITS ER E.L. EACH ACCIDENT $ 1,000,000 E. L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $ 1 , 000 0 00 OTHER UrbL.KIr INN Ur wrGNMI ..........v...i. Collier County Board of County Commissioners is Additional Insured as respects to General Liability. Re: Contract #04 -3597 - Davis Blvd. Phase II MSTD Roadway Grounds Maintenance. * 10 days notice of cancellation for non - payment. CERTIFICATE HOLDER COLLC31 Collier County Board of County Commissioners 2800 N. Horseshoe Drive Naples FL 34104 ACORD 25 (2001/08) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATKII DATE THEREOF, THE ISSUING INSURER WALL ENDEAVOR TO MAIL 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. C `\ //1!f David W. Sumner ACORD CORPORATION 1988 Agenda item No. 16E1 December 13, 2005 Page 10 of 10 ASSIGNMENT OF CONTRACT FRANK R. KIP, in consideration of the sum of TEN DOLLARS. ($10.00) plus other good and valuable consideration, the receipt of which is hereby acknowledged, hereby assigns to FRK ENTERPRISES, INC., a Florida Corporation, all of his rights, title, and interest, as Purchaser, under that certain Contract for the Purchase and Sale of that certain business known as "ADVANCED LAWN AND LANDSCAPING SERVICE," located at 298 Saba] Palm Road, Naples, Florida 34114, whereby ADVANCED LAWN & LANDSCAPING SERVICE, INC., a Florida Corporation is the Seller and FRANK R. KIP is the Buyer. DATED: September 28, 2005 ASSIGNOR: ASSIGNEE: FRK ENTERPRISES, INC., a Florida Corporation K R. KIP, President Approve �a legal au:: c ��^Y Assistant unty Attorney Agenda Item No. 16E2 December 13, 2005 Page 1 of 2 EXECUTIVE SUMMARY Approval to purchase vehicles, equipment, and tires from Bid #04 -12 -0823 Rollover, Bid #05 -13 -0822, Bid #05 -06 -0823, and Bid #05/6 -02 -0105 as coordinated by the Florida Sheriffs Association, the Florida Association of Counties, and the Florida Fire Chiefs' Association. OBJECTIVE: Obtain Board approval to purchase vehicles, equipment, and tires from Bid #04- 12 -0823 Rollover, Bid #05 -13 -0822, Bid #05 -06 -0823, and Bid #05/06 -02 -0105 as coordinated by the Florida Sheriffs Association, the Florida Association of Counties, and the Florida Fire Chiefs' Association, when in the best interests of the County. CONSIDERATION: The above named associations award consolidated State -wide bids for vehicles, equipment, and tires annually for use by State of Florida governmental entities. The bids are commonly known as the "Sheriffs Association Bid." Manufacturers normally give substantial fleet price concessions on this bid. Sometimes vendors on local County contracts can attain or better these concessions, and sometimes they cannot. When the Sheriffs Association Bid prices are significantly less than local bids, the interests of the County are best served by purchasing from the Sheriffs Association Bid. The County Fleet Vehicles Bid permits purchases from other bids if it serves the best interests of the County. FISCAL IMPACT: Funds are budgeted for vehicles, equipment, and tires in various Fund -- Centers at projected annual acquisition costs. Purchases from the Sheriffs Association Bid will be made within the confines of those approved budgets on a case -by -case basis. Expenditures are expected to exceed $450,000 in FY 2006 mainly for the purchase of ambulances. GROWTH MANAGEMENT IMPACT: No growth management impact will result from this action. RECOMMENDATION: That the Board of County Commissioners approve purchase of vehicles, equipment, and tires from Bid 404 -12 -0823 Rollover, Bid #05 -13 -0822, Bid #05 -06- 0823 and Bid #05/6 -02 -0105 as coordinated by the Florida Sheriffs Association, the Florida Association of Counties, and the Florida Fire Chiefs' Association, when in the best interests of the County. PREPARED BY: Dan Croft, Fleet Management Director Agenda Item No. 16112 December 13, 2005 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. 18F2 Item Summary: Recommendation to approve purchase of vehicles, equipment, and tires from Bid #04.12- 0823 Rollover, Bid 005. 13.0822. Bid #05.06 -0823 and Bid #0518 -02 -0105 as coordinated by the Florida Sheriffs Association, the Florida Association of Counties, and the Florida Fire Chiefs Association, when in the best interests of the County. Meeting Date: 12!13.2005 6;00:00 AM Prepared By Dan Croft Fleet Management Director Data Administrative Services Float Management 11120120051:03:58 PM Approved By Dan Croft Float Management Director Date Administrative Semites Float Management 111201200512:57 PM Approved By Scott Johnson Purchasing Agent oat. Administrative Services Purchasing 11121120034:08 PM Approved By Mike Hauer Acquisition Manager Data Administrative Services Purchasing 11128120058:34 AM Approved By Steve Cornell PurchasingiGeneral Svcs Director Data Administrative Services Purchasing 11t28120059:22AM Approved By Len Golden Price Administrative Services Administrator Date Administrative Semites Administrative Services Admin. 11120!2005 3:46 PM Approved By OMB Coordinator Administrativa Assistant Data County Manager's Office Office at Management i Budget 1112912005 5:59 AM .,.-,. Approved By Michael Smykowsid Management 8 Budget Director Data County Manager's Office Of.. of Management d Budget 1112 91200 5 10:08 AM Approved By Leo E. Ochs, Jr. Deputy County Manager Dow Board of County County Managers Office 11130120051:54 PM Commissioners Agenda Item No. 16E3 December 13, 2005 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to approve Amendment #3 to Contract 04 -3576, "Construction Manager at Risk for the Courthouse Annex and Parking Garage ", with Kraft Construction Company, Inc. resulting in a reduction of $12,500 to the Guaranteed Maximum Price. OBJECTIVE: To provide for accurate accounting reporting and to allow Kraft Construction Company, Inc. to reallocate funds to be in accordance with the terms and conditions of the Contract requirements. CONSIDERATION: On March 9, 2004 the Board of County Commissioners approved Contract 04 -3576, "Construction Manager at Risk for the Courthouse Annex and Parking Garage" with Kraft Construction, Agenda item 16.E.7. Amendment #1, Guaranteed Maximum Price (GMP) for the Annex Parking Garage was awarded on January 11, 2005, Agenda Item 10.8, Amendment #2, GMP for the Courthouse Annex was awarded on July 26 2005, Agenda Item 10.F. During review of the Contract and associated Amendments, the Finance Department requested changes to the Contract and Amendment #1 and #2 to provide for more accurate accounting reporting, auditing, and the proper payment of invoices. Amendment #3 addresses the language in the Contract as it relates to the payment of gas and oil expenses. Also included in Amendment #3 is the reallocation of funds from General Conditions to Direct Cost categories, and the reduction of the Project Executive's hours as assigned to the Courthouse Annex and Parking Garage. The net result of these reallocations is to reduce the GMP for both projects. FISCAL IMPACT: As a result of this change the GMP for the Parking Deck is reduced by $7,500.00 and for a revised total amount of $10,832,643.00. The Courthouse Annex is reduced by $5,000.00 for a revised total amount of $20,641,000.00. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this executive summary. RECOMMENDATION: That the Board of County Commissioners approves Amendment #3, to Contract 04 -3576, "Construction Manager at Risk for Courthouse Annex and Parking Garage" and authorizes the Chairman to sign the County Attorney approved Amendment. PREPARED BY: Linda L. Jackson Best, Contract Specialist, Purchasing Department Agenda item No. 16:3 December 13. 2005 Page 2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. 15E3 Item Summary: Recommendation t0 approve Amendment #3 to Contract 04 -3576, Construction Manager at Risk Tor the Courthouse Annex and Parking Garage, with Kraft Construction Company, Inc. resu €ting in a reduction of $12,500 to the Guaranteed Maximum Price. Meeting Date: 1211 112005 9:00:00 AM Approved By Steve Carneii Putchasingttdenera€ Svcs Director Data Administrative Services Purchasing 1112312005 3:05 PM Approved By Skip Camp, C.F.M. Facilities Management Director Date Administrative Services Facilities Management 11128124053:59 PM Approved By Pater S. Hayden, P.E. Senior Project Manager Date Administrative Services Facilities Management 11129120038:84 AM Approved By Len Golden Price Administrative Services Administrator Date Administrafive Services Administrative Services Admin. 1VZW200510:58 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management S Budget 111291200511:20 AM Approved By Michael Smykowsm Management S Budget Director Date County Managers Ofgcs Office of Management d Budget 11/29/2005 4:26 PM Approved By Leo E. Ochs, Jr. Deputy County Manager Data Board of County County Managar's Office 1211120051:43 PM Commissioners Agenda Item No. 16E3 ♦ December 13, 2005 Page 3 of 5 EJMBIT A -3 Contract Amendment # 3 Contract No. 04 -3576 "Construction Manager At Risk for Courthouse Annex and Parking Garage" Amendment #1— Guaranteed Maximum Price (GMP) for the Parking Garage, and Amendment #2- Guaranteed Maximum Price (GMT) for the Courthouse Annex This amendment, dated , 2005 to the referenced agreement shall be by and between the parties to the original Agreement, Kraft Construction, Inc. (to be referred to as "Contractor") and Collier County, Florida, (to be referred to as "Owner"). Statement of Understanding RE: Contract # 04 -3576, "Construction Manager At Risk for Courthouse Annex and Parking Garage" In order to continue the services provided for in the original Contract document referenced above, the Contractor agrees to amend the above referenced Contract as per the "A3 -A" attached to this Amendment and incorporated herein by reference. Changes to the Contract: 1. Article 2, Section 2.4, Construction Phase, Delete item 9 (a)(8), "Travel to and from his home office to the project site as the project requires." 2. Article 9- Cost of the Project— Add item 9.2 (23): "Cost for gas and oil expense for all personnel receiving vehicle allowance or personal vehicles utilized in the prosecution of the Work. Changes to the Amendments: 1. Amendment #1 Guaranteed Maximum Price for the Parking Garage, Reallocation of funds; Reallocation of funds in the amount of $32,666.00 from General Conditions to the Field Reimbursables. The new total for Field Reimbursables is increased from $287,481.00 to $320,147.00. General Conditions as reported in Attachment la from Amendment #I will be reduced from $516,009.00 to $483,343.00_ 2. Amendment #2 Guaranteed Maximum Price for the Courthouse Annex, Reallocation of funds: Reallocation of funds in the amount of $43,784.00 from General Conditions to the Field Reimbursables. The new total for Field Reimbursables is increased from $493,984.00 to $537,768.00. General Conditions as reported in Attachment la from Amendment #2 will be reduced from $832,811.00 to $789,027.00. 3. Reductions of Monthly Payments for Construction Phase Fee: The reallocations of funds referenced above in items 1 and 2 "Changes to Amendments ", will reduce the monthly Construction Phase Fee payments as stated below, and as per attached Exhibit "A3 -A" Amendment #1, Parking Garage: Eleven (11) monthly payments of $39,655.00 = $436,205.00 One (1) final payment $39,638.00 = $ 39.638.00 Total Payment for Construction Phase Fee $475,843.00 Amendment #2, Courthouse Annex: Fifteen (15) monthly payments of $49,001.00= $735,015.00 One (1) final payment $49,012.00 = $ 49.012.00 Total Payment for Construction Phase Fee $784,027.00 Agenda Item No. 16E3 December 13, 2005 Page 4 of 5 4. Project Executive's Time: The Project Executive's time will be reduced on both Amendment #1 and Amendment #2 to fourteen (14) weeks, split equally between the Parking Garage and Courthouse Annex, seven (7) weeks each, reducing the cost of the Guaranteed Maximum Price (GMP) for both Amendment #I and Amendment #2 as follows and as per attached Exhibit "A3 -A ". Amendment #1, Parking Garage: Original- $16,539,700.00 Less Direct Material Purchase: ( 5,699,557.00) Decrease In Project Executive Time ( 7,500.00) Revised GMP $10,832,643.00 Amendment #2, Courthouse Annex: Original: $20,646,000.00 Decrease in Project Executive Time 5,000.00) Revised GMP $20,641,000.00 All other terms and conditions of the agreement shall remain in force. IN WITNESS WHEREOF, the Contractor and the County have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. ATTEST: CONTRACTOR Corporate $ecretary/Witness aft Construction, Inc. By: ,1. .I.�IOj� By:�'3E,+Z7' •� ��SEGG.o Dated:. � 6i` Title: &Ko"' %,W --y4J Dated: ATTESTM OWNER: Dwight E. Brock, Clerk Dated: BOARD OF COUNTY COMMISSIONERS' COLLIER COUNTY, FLORIDA By: Fred W. Coyle, Chairman Approved as to form and Legal sufficiency: ,obert N. Zachary Assistant County Attorney Agenda item No. 16E3 December 13, 2005 Page 5 of 5 Exhibit A3 -A Contract Amendment A3 Contract 04 -3676, "Construction Manager At Risk for Courthouse Annex and Parking Garage Funds to be moved: Item No. Description 310.17 Gas & Oil Expense 510.00 Temporary Utilities 75 Temporary Holding Tank 95 Drinking Water & Ice 520.10 Job Trailers 10 Trailer office rental 21 Trailer office delivery 22 Trailer block/level 23 Trailer. unblock 26 Trailer office removal 36 Trailer. stairs & rail 520.17 Office Equipment Rental 140 Office Equip: fumishings/person 160 Office Equip: fax machine 165 Office Equip: copy machine 180 Office Equip: refrigerator 190 Office Equip: typewriter 520.20 UPS & Fast Mail 730.3 . Tools & Equipment (Small Tools) Total Amendment #1 Parking Deck Amendment #2 Courthouse Annex General Direct General Direct Conditions Cost Conditions Cost (5,591.00) 5,591.00 (9,755.00) 9,755.00 (2,400.00) 2,400.00 (3,200.00) 3,200.00 (1,200.00) 1,200.00 (1,600.00) 1,600.00 (5,400.00) 5,400.00 (7,200.00) 7,200.00 (255.00) 255.00 (256.00) 256.00 (1,320.00) 1,320.00 (1,320.00) 1,320.00 (120.00) 120.00 (113.00) 113.00 (750.00) 750.00 (750.00) 750.00 (3,750.00) 3,750.00 (3,750.00) 3,750.00 (600.00) 600.00 (800.00) 800.00 (300.00) 300.00 (400.00) 400.00 (1,920.00) 1,920.00 (2,560.00) 2,560.00 (360.00) 360.00 (480.00) 480.00 (300.00) 300.00 (400.00) 400.00 (2,400.00) 2,400.00 (3.200.00) 3,200.00 (6,000.00) 6,000.00 (8,000.00) 81000.00 (32,666.00) 32,666.00 (43,784.00) 43,784.00 Revised Payment Breakdown for Construction Phase Fee: 11 payments @ 39,655.00 436,205.00 15 payments Q 49,001.00 735,015.00 1 final payment @ 39,638.00 39,638.00 1 final payment @ 49,012.00 49,012.00 Total Payment for Construction Phase Fee 475,843.00 784,027.00 Parking Deck Annex Building Field Reimbursables 287,481.00 493,984.00 Reallocation from General Conditions 32,666.00 43,784.00 Revised Field Reimbursable Total 320,147.00 537,768.00 Reduction of Project Executive time to 14 weeks for contract and split equally between the two projects. Current number of weeks 10 weeks 9 weeks Revised number of weeks 7 weeks 7 weeks Current Construction Phase Fee 516,009.00 832,811.00 Total Funds Moved to Direct Cost (32,666.00) (43,784.00) Reduction of Project Exec Time (7,500.00) 3 wks (5,000.00).2 wks Total 475,843.00 784,027.00 A reduction to the Guaranteed Maximum Price for both projects will be made to recognize the adjustment to the Project Executive's time as detailed above: Current GMP 16,539,700.00 20,646,000.00 Decrease from Direct Material Purchases (5,699,557.00) Decrease in Project Executive's Time (7,500.00) (5,000.00) Revised GMP 10,832,643.00 20,641,000.00 Agenda Item No. 16E4 December 13, 2005 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to authorize rejection of Bid No. 05 -3877 "Locksmith Services. " OBJECTIVE: That the Board of Collier County Commissioners authorize the rejection of Bid No- 05 -3877 "Locksmith Services." CONSIDERATION: On August 17, 2005, Bid No.05 -3877 was opened and three bids were received. The vendor selected, Quick Key Security, declined and withdrew his proposal. The Facilities Management Department, using the newly developed career development program instituted an in -house locksmith program. This program will handle all locksmithing necessary within the County. FISCAL IMPACT: There is no fiscal impact resulting from this action. GROWTH MANAGEMENT: There is no impact on the County's Growth Management Plan. RECOMMENDATION: That the Board of Collier County Commissioners reject Bid No 05- 3877, "Locksmith Services." PREPARED BY: Patricia Pochopin, Administrative Assistant, Department of Facilities Management Agenda item No. 16E4 December 13, 2005 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS -^ Item Number. 16E4 Item Summary: Recommendation to authorize rejection of Bid No. 05 -3877 Locksmith Services. Meeting Date: 12113/2005 9:00:00 AM Prepared By Pat Pochopin Administrative Assistant Data Administrative Services Facilities Management 1112212005 12:39:25 PM Approved By Skip Camp, C.F.M. Facilities Management Director Data Administrative Services Facilities Management 11122120055:00 PM Approved By Scott Johnson Purchasing Agent Data Administrative Serfrces Purchasing 111231200810 ;43 AM Approved By Demon Gonzales interim Facilities Manager Dab Administrative Services Facigtios Management 11123120 05 1 2:21 PM Approved By Mike Hauer Acquisition Manager Date Administrative Services Purchasing IlaW20058:38 AM Approved By Steve Carrell PurchosinglOenara€ Svcs Director Data Administrative Services Purchasing 11128120059:21 AM Approved By Lan Golden Price Administrative Services Administrator Deft Administrative Services Administrative Services Admin. 11128120054:01 PM Approved By T-, OMB Coordinator Administrative Assistant Data County Manager's Office Office of Management S Budget 1112912005 9:00 AM Approved By Michas€ Smykomid Management H Budget Director Date County Manager's Office Office of Management 5. Budget 1112912003 4:13 PM Approved By Leo E. Ochs. Jr. Deputy County Manager Data Board of County County Manager's Office 11130120051:40 PM Commissioners 05 -3877 Locksmith Services Dan Rodriguez Project Mgr. August 17, 2005 Agenda Item No. 16E4 December 13, 2005 Notic@si§L-dtdf43 Bids Received 3 A Locksmith, Inc. BB Locksmith Quick Key Securi Rekeying of lock cylinders when $32.00 per cylinder $12.00 per cylinder $10.00 per cylinder there is not an existing key Rekey key with one key per $18.00 per cylinder $12.00 per cylinder $10.00 per cylinder cylinder Rekey master key per cylinder No Bid $18.00 per cylinder $12.00 per cylinder Duplicate Keys Factory Original $3.00 per key $3.00 per key $2.00 per key Factory Original Equivalent $2.00 per key $2.00 per key $1.25 per key Opening and repairing of safes, $75.00 per hour $150.00 per hour $35.00 per hour cabinets or combinations when drilling is required Opening and repairing of safes, $75.00 per hour $150.00 per hour $35.00 per hour cabinets or combinations when drilling is not required Changing combinations $75.00 per hour $150.00 per.hour $35.00 per hour Labor charge per hour (if an $75.00 per hour $60.00 per hour $32.00 per hour during normal 8:00 AM to 5:00 PM working hours Labor charge if an per outside $75.00 per hour $90.00 per hour No Response normal 8:00 AM to 5:00 PM working hours a. 5:00 PM to midnight M -F $95.00 per hour $90.00 per hour $35.00 per hour b. Midnight to 8:00 AM M -F $95.00 per hour $90.00 per hour $60.00 per hour c. Weekends and Holidays $95.00 per hour $90.00 per hour $60.00 per hour Percent above locksmith's costs for all parts 55% 100% 27% Service Charge if an to the following destinations: a. Immokalee $150.00 per hour $125.00 per hour $30.00 per hour b. Everglades City $150.00 per hour $125.00 per hour $30.00 per hour c. Carnestown $150.00 per hour $125.00 per hour $30.00 per hour d. Marco Island $75.00 per hour $75.00 per hour $30.00 per hour e. Naples local area $60.00 per hour $60.00 per hour $30.00 per hour f. Other outlying areas lease $125.00 + u $30.00 per hour indicate range) Catalog & price sheets enclosed N N Y Prompt Payment Terms 2 % -15 Net 30 No Response 2 -15% Net 30 Addendum Acknowledged N/A N/A N/A Purchasing Agent: Mike Hauer Witness: Janice Vermillion Agenda Item No. 16E5 December 13, 2005 Page 1 of 2 EXECUTIVE SUMMARY Recommendation to award RFP No. 05-3869 "Elevator Maintenance" to KONE Elevators and Escalators for elevator maintenance and repair. OBJECTIVE: That the Board of Collier County Commissioners award RFP No. 05- 3869, "Elevator Maintenance", to KONE Elevators and Escalators, for elevator maintenance and repair. CONSIDERATION: Collier County utilizes outside firms for elevator maintenance and repairs to County owned facilities. The Facilities Department in concert with the Purchasing Department constructed an RFP for these services and placed the legal advertisement on June 27, 2005 In accordance with County Purchasing Policy, a selection committee was formed to evaluate the proposals received. One firm responded with a proposal to RFP No. 05- 3869. The firm was judged on quality and comprehensiveness of their preventative maintenance plan, experience of firms and technicians, their response time and pricing. After reviewing the submitted proposal, it is the selection committee's recommendation to award RFP No. 05-3869 to KONE Elevators and Escalators. FISCAL IMPACT: Elevator Maintenance expenses average $51,000 annually. Funds are budgeted within the Facilities Management operating budget. GROWTH MANAGEMENT: There is no impact on the County's Growth Management Plan. RECOMMENDATION: That the Board of Collier County Commissioners award RFP No. 05-3869 "Elevator Maintenance" to KONE Elevators and Escalators and authorize the Chairman to sign the agreement after review and approval by the County Attorney's Office. PREPARED BY: Management Damon Gonzales, Facilities Manager, Department of Facilities Agenda Item No. 16E5 December 13. 2005 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. 16E5 to award RFP No. 05.3B69 Elevator Maintenance to KONE Elevators and Rom Summary: Recommendation Escalators for elevator maintenance and repair. Meeting Date: 1211312005 9'.00'00 AM Prepared By Damon Gonzales Interim Facilities Manager Data Administrative Services Facilties Management =J2006 1:00:26 PM Approved By Skip Camp, C.F.M. Facilities Management Diractor Data Administrative Services Facilities ManalMment 1112212005591 PM Approved By Scott Johnson purchasing Agent Data Administrative Servicss Purchasing 1 1123120 06 10:42 AM Approved By Damon Gonzales interim Facilities Manager Date Administrative Servicas Facilities Management 111231200512:21 PM Approved By Steve Centel] PurchasinglGanorat Svcs Director Date Administrative Ss"t— Purchasing 11123120053:07 PM Approved By Len Golden Price Adntinistralivo Services Administrator Dote Administrative Services Administrative services Admin. 11120120054:02 PM Approved By OMB Coordinator Administrative Assistant Data County Manager's Office Office of Management & Budget 1112812005 9:01 AM Approved By Michael Smykowski Management & Budget Director Date coot" Manager's Office Office of management &Budget 11;29120062:51 PM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of county Manager's Office County Ma 11130120051:51 PM Commissioners Agenda Item No. 16E6 December 13, 2005 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to approve the purchase of Group Insurance coverage and services for calendar year 2006. OBJECTIVE: The objective of this executive summary is to receive approval to procure the insurance coverage and services necessary to manage the group insurance program. CONSIDERATIONS: The County administers a partially self- funded Group Health Insurance Program (the Plan) for its employees and their eligible dependents. The Plan requires the use of a third party claims administrator to adjudicate claims presented to the Plan and to provide various services necessary for the Plan to remain in compliance with state and federal laws. Currently, the County uses Corporate Benefit Services of America as its claims adjudication company. In addition to claims' administration services, the Plan requires the services of a utilization review and case management company and a physician /hospital network. These services are currently provided by Community Health Partners. Finally, excess insurance coverage is purchased to protect the Plan against adverse loss experience. In addition to the group health insurance plan, the County offers dental insurance through CIGNA Dental; a discounted vision program through Vision Service Plan; group life and accidental death insurance through SunLife; short term disability insurance through SunLife; and long term disability insurance through SunLife as part of its group insurance program. Staff sought renewal proposals for each component of the group insurance program. All of the coverage and service providers agreed to renew at the same rates (no increase) and terms with the exception of the following. ➢ CIGNA Dental Plan has requested an 8.08% increase in dental premiums. This increase is commensurate with the current rate of dental inflation and is also commensurate with current and projected claims for the program. This rate increase equates to an average increase of $2.05 per month for single coverage and $6.82 per month for family coverage. Premiums are shared on a 60/40% cost sharing basis between employer and employee. ➢ Vision Service Plan has requested a 30.77% increase in its rates for discounted vision services due to increased demand and higher material costs. While this rate increase is substantial, the actual cost per month is only 44 cents per employee. ➢ Boston Mutual, the County's excess health insurance carrier, has offered a renewal quote for its Aggregate Only program. The rates for the program have increased by 6.65% which is commensurate with Plan inflation which equates to an estimated premium increase of $49,599 per year. In addition to the above, the aggregate attachment point has increased by 15% from $17,477,712 to $20,088,180 (excludes pharmacy). In addition to the Boston Mutual quote, staff sought and received nine specific and aggregate excess proposals to assure the competitive status of the Boston Mutual program. The Boston Mutual program presented the lowest premium and also offered an aggregate attachment point at 110% of expected medical claims compared to 120% and 125% for competing proposals. Upon review, the Boston Mutual program continues to remain the most competitive program. .- A summary of vendors and their coverage or services is as follows. Agenda item No. 16E6 December 13, 2005 Page 2 of 5 Disability GROUP INSURANCE RENEWAL- JANUARY 1, 2006 g 12/31/2006 Administration andorl Policy /Service Rate Type 2005 Rates 2005 Cost 2006 Rates (Monthly) 2006 Cost ° Rate Increase Guarantee/ .;arrier Type $49,271,812 (Monthly) through Disability ins Terms __... 12/31/2006 Enrolled Employees 2,077 $307,948.82 0.00% 2,100 Est. Annual Cost $293,284.69 CBSA, Inc. Group Health Claims Administration $12.60 $314,042.40 $12.60 $317,520.00 0.00% 1/1/2005 through - Claims Admin Fee COBRA Administration $1.05 $26,170.20 $1.05 $26,460.00 0.00% 12/31/2006 Fee PPO Access Fee $1.00 $24,924.00 $1.00 $25,200.00 0.00% Southcare Out of County Network HIPAA Administration $0.35 $8,723.40 $0.35 $8,820.00 0.00% Fee_... Flexible Spendin $3.50 $12,600.00 _ $3.50 _. ... _ ._.... $12,600.00 , _ ..... __,. 0.00% Administration Fee - Est. Annual Cost $386,460.00 $390,600.00 Community PPO Network; PPO Access Fee $1.50 $37,386.00 $1.50 $37,800.00 0.00% 6 through Health Utilization 12/31/2006 Partners Review; Large Case Management UR and Case Mgmt. $3.39 $84,492.36 $3.39 $85,428.00 0.00% e Fee Est. Annual Cost �._. $121,878.36 $123,228.00 Vision Vision Discount Cost per Employee p plo ee $1.43 $35,641.32 $1.87 $46,607.88 30.77% 1/1/2006 through Service Program per Month 12/31 /2006 Plan ..._. Est Annual Cost $35,641.32 " $46,607.88 Boston Excess Health Cost per Employee $25.40 $633,069.60 $27.09 $682,668.00 6.65% 1/1/2006 through Mutual Coverage per Month � - _....__.... 12/31/2006 :......,. ..- �Est. Annual Cost -" �� � � " � 5633,069.60 $682,668.00 ,;IGNA Dental Single Rate- Basic $17.42 $23,203.44 $18.80 $25,041.60 7192% 1/1/2006 through Dental Insurance _ " Plan �S+1 Rate- Basic Plan " $36.17�M $32,118.96 �.. $39.09 � $34 711.92 8.07% 12/31/2006 -Family Rate- Basic $56.41 $661338.16 $60.99 $71,724.24 8.12% Plan _. Sin g l Rate- Select $33.59 $207,9 89.28 '06 .30 $224,769" ..8"" 0 8._ 0 7% Plan S +1 Rate- Basic Plan $70.66 $400,218.24 _ .... .... .... . $76.42 .... ... $432 842.88 8 15% _... r.._..... ._. _. __.,_..�._ __�.. "Family Rate- Select " $110.69 "" $722,584.32 $119.74 $781,662.72 8.18% Plan Plan Annual Cost $1,452,452.40 ._. _._.___. $1,570,752 96 SunLife Group Life and Ratable Payroll $89,416,000 $93,886,000 5.00% 4 through AD &D Program 12/31/2006 Group Life (rate per $0.00 $286,131.20 $0.00 $300,435.20 0.00% 10_00 Group AD &D (rate per $0.00 $22,354.00 $0.00 $23,471.50 0.00% 1000) ".Est Annual Cost $308,485.20 $323,806.70 �unl ft Short Term Administration Fee $2.20 $54,832.80 $2.20 $55,440.00 0.00% throu0h4 Disability g 12/31/2006 Administration .. _.. ...... . ....._ _.- EsIt- Annual Cost T A "$54,8 .,,,......_ 2.80 unLife Long Term Ratable Payroll $46,925,535 $49,271,812 5.00% through Disability ins __... 12/31/2006 Rate $0.25 $293,284.59 $0.25 $307,948.82 0.00% Est. Annual Cost $293,284.69 $307,948.82 .:EBt1>Ek1lT i", 27 $3,501,75 2.36 6.54 °k The estimated cost of coverage and $3,286,104 in 2005. Aside from th e increase is the result of an increase payroll, which affect final premium o January 1, 2006, Agenda Item No. 16E6 December 13, 2005 Page 3 of 5 services in 2006 is $3,501,152 as compared to a cost of specific rate increases identified above, the overall cost in ratable exposures such as enrollment and increased r contract costs. The effective date of this purchase is In 2006 staff will seek proposals for third party claims administration and will also review dental insurance programs. FISCAL IMPACT: The estimated annual cost to procure these insurance and vendor services is $3,501,152. Funds are budgeted within Fund 517, Group Health and Life to purchase these insurance coverage and vendor services. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. RECOMMENDATION: It is recommended that the Board approve the purchase of the above - mentioned insurance coverage and services; and authorize staff to execute any applications and /or other administrative documents necessary to effectuate coverage. SUBMITTED BY: Jeffrey A. Walker, CPCU, ARM, Director, Risk Management Agenda Item No. 16E6 December 13. 2045 Page 4 of 5 COLLIER COUNTY BOARD Of COUNTY COMMISSIONERS Item Number: 16E6 Item Summary: Recommendation to approve the purchase of Group Insurance coverage and services for calendar year 2006. Meeting Date: 12213!2005 3.00:00 AM Approved By Jeffrey A. Walker, CPCU, Risk Msnagameni Director Data ARM Administrative Services Risk Management 11!25/20088:43 AM Approved By Len Golden Price Administrative Services Adminiotmtor Data Administrative Services Administrative Services Admin. 11!28120054:03 PM Approved By OMB Coordinator Administrative, Assistant Date County Manager's Office Office of Management & Bodget 11!2812008 8:02 AM Approved By Michael Smykowskl Management & Budget Director Data County Manager's Office Of ico of Management & Budget 1112812005 4:11 PM Approved By Lao E. Ochs, Jr. Deputy County Manager Date Board of County County Manager's Office 1113012008 2:23 PM Commissioners to to LO cu LU a o Lo O M Q7 Z @ Emma E U IU �a Q Ls A� ry S N S ?NmA NhH ?O IYy�S ■S �OmSWWON mP =N �NWAONNH� 9 q�w �g_ q9 � " M qH9 NgIq fVN Oiy* N A .TyO� N NfWA pNC N o o p C g 0 b y O Y Y N b m Y - S N _mpo�So a O 9 m$ N ° t7 N A` O� ; N n� N °o p V. 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CONSIDERATIONS: Resolution 04 -15 grants limited authority to the Risk Management Director to settle certain damages claims against Collier County and to authorize the payment of investigation and adjustment expenses as presented to the County's Risk Management Program. Authority is delegated as follows: Claim Type Delegated Authority Bodily Injury Liability- Premises, Auto, Operations Non - litigated claims less than $50,000 Non - litigated claims less than $75,000. Property Damage Liability Claims- Premises, Auto, Operations (Note- A $75,000 limit is sought due to high valued vehicles and the potential for multiple vehicle accidents.) Errors, Omissions, Professional Liability, Employment Practices Liability Non- litigated claims less than $50,000 Property Losses to County Owned Property Full authority Full authority subject to the provisions of F.S. Workers' Compensation 440 and subject to approval by the Judge of Compensation as needed Employer's Liability Non- litigated claims less than $50,000 Subrogation- Bodily Injury and Property Full authority to pursue non - litigated subrogation Damage recoveries. Subrogation- Workers' Compensation Full authority to pursue non - litigated subrogation recoveries. Pursuant to the Resolution, claims are settled and paid pursuant to the loss verification procedures contained in the Resolution which include the completion of claim forms, documentation of evidence, valuation, and the determination of a finding of liability where applicable. A listing of claims closed during the fourth quarter of FY 05 is attached. A valid public purpose is served through the delegation of settlement authority to the Risk Management Director to settle routine, administrative and minor claims matters in order Agenda item No. 16E7 December 13, 2005 Page 2 of 14 to promote the efficient use of resources; to promote the efficient administration of the program; and to allow for a timely response to claimants and /or their representatives. FISCAL IMPACT: Funds are budgeted and available in Fund 516 - 121650- 645920 (Property and Casualty Self Insurance Fund) and 518- 121630- 645928 (Work Comp Claims) for the payment of covered claims and settlements. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. RECOMMENDATION: That the Board of County Commissioners accept the attached Settlement Report and ratify the actions taken therein. PREPARED BY: Jeff Walker CPCU, ARM, Risk Manager Director, Risk Management Department. Agenda Item No. 1EE7 December 13, 2005 Pape 3 of 14 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. 15E7 Report and ratify Property. CasuaOy, Workers Compensation end Subrogation Claims settled Item Summary: and /or closed by the Risk Management Director pursuant to Resolution tl 2004 -15 for the fourth quarter of FY 05. Meeting Date: 12113,2005 9:00:00 AM Prepared By Sheree Medisvilta Risk Manager Data Administrative Services Risk Management 111281200612:03:53 PM Approved By Jeffrey A. Walker, CPCU, sk Management Director Risk ata ARM Administrative Services Risk Management 111`28f206512:36 PM Approved By Len Golden Pnce Administrative Services Administrator Data Administrative Services Administrative Services Admin. 11128120053:55 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management 5 Budget 11128720054;35 PM Approved By Michael Smykawski Management & Budget Director Date County Manager's Office ORi" of Management 6 Budget I V2st2005 5:10 PM Approved By Lao E. Ochs. Jr, Deputy County Manager Data Board of County County Manager's Office 11130120054:52 PM Commissioners Agenda Item No. 16E7 December 13; 2005 Page 4 of 14 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: Resolution 2004 -15 WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 20th day of January, 2004. DWIGHT E. BROCK "'..,.�If'A- Clerk of Courts-'MA R Ex- officio to. , .YtfiF�i County CommisQ$' By: Linda Houtze -' Deputy Clerk DATE RECEIVED JAN 2 0 2M4 RISK WMGEMENT Agenda Item No. 16E7 December 13, 2005 Page 5 of 14 RESOLUTION NO. 04- 1!, RESOLUTION GRANTING LIMITED AUTHORITY TO THE RISK MANAGEMENT DIRECTOR TO SETTLE CERTAIN DAMAGES CLAIMS AGAINST COLLIER COUNTY AND TO AUTHORIZE THE PAYMENT OF INVESTIGATION AND ADJUSTMENT EXPENSES AS PRESENTED TO THE COUNTY'S RISK MANAGEMENT PROGRAM. WHEREAS, Collier County Government, through the Risk Management Department, operates a risk management program as permitted pursuant to Florida Statutes 768.28 for the purpose of financing, preventing and controlling various types of losses and the claims resulting from same; and WHEREAS, the management of these losses and resultant claims may involve the coordination of Workers' Compensation, Property, Liability, Automobile, Aviation and other lines of insurance and/or self- insurance programs; and WHEREAS, the Board of Commissioners approves annually in public session the retention of various portions of these losses in the form of self- insured retentions, large deductibles or maintenance deductibles, by whatever name called, all of which involve the expenditure of public funds; and WHEREAS, the Board has approved the creation of various Self- insurance Funds as part of its budgeting process; and WHEREAS, the Risk Management Director is responsible for the day -to -day management of these Funds; and °- WHEREAS, it is the Board's intention to delegate to the Risk Management Director the authority to settle claims matters in order to promote the efficient use of resources; to promote the efficient administration of the program; and to allow for a timely response to claimants and /or their representatives; and WHEREAS, the Board finds that the limited delegation of settlement authority to the Risk Management Director serves a valid public purpose; NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: The Risk Management Director, or his designee, shall have the authority to investigate and settle claims made against the County and presented to the Risk Management Program as follows: Definitions: Action (Cause of Action) - An Action shall mean a written complaint filed in a court of taw of Florida, any other state, or the United States. Adjuster - An individual representing the County, an insurance carrier and/or the insured and acting on their behalf to determine the applicability of coverage; the amount of a loss; and the liability of the County. Claim- A demand for benefits as a result of damages made by a Claimant and/or their representative and as may be provided by a policy of insurance or self - insurance program. A Claim may include a written notice of demand and intent to sue as defined by Florida Statutes 768.28 and as required precedent to the filing of any Action. Damages- The amount required to pay for a loss. - Deposition- A sworn statement of a witness or other parry in a judicial proceeding. Agenda Item No. 16E7 December 13; 2 005 Page 6 of 14 Excess (Insurance) Carrier (Policy)- An insurance carrier, either on an admitted or non- admitted basis, who underwrites coverage on the basis of an excess of a self- insured retention. Employer's Liability- Coverage against common law liability of an employer for accidents to employees, as distinguished from liability imposed by a Workers' Compensation law. First Party- The Collier County Board of Commissioners, its Divisions, Departments, employees, Boards, Authorities and all other parties who derive their authority to operate from the Board of Commissioners. First Party shall also include participating Constitutional Agencies and their operations. Loss Adjustment Expenses - Expenses incurred to investigate and settle losses. Mediation- An informal means of trying to promote settlement of a dispute. It involves a third -party mediator who meets the parties to the dispute and tries to get them to agree on a settlement. Plaintiff - The term "Plaintiff" as used herein may refer to a party who has asserted a Claim, also sometimes referred to as a "Claimant". Policy - The written contract effecting insurance, or the certificate thereof, by whatever name called, and including all clause, riders, endorsements, and papers attached thereto and made a part thereof. Property Loss- Loss to the insured's property by reason of a covered peril. Purchasing Policy- The Collier County Purchasing Policy as approved by the Board of Commissioners. Risk Management (Program) — The management of the pure risks to which a company might be subject. It involves analyzing all exposures to the possibility of loss and determining how to handle these exposures through such practices as avoiding the risk, retaining the risk, reducing the risk, or transferring the risk, usually by insurance. Self- insured Retention- That portion of damages and loss adjustment expenses related to an occurrence which are paid by the insured under an excess insurance policy. Settle /Settlement- Agreement to dispose of a Claim between an alleged injured party and an alleged party at fault, typically to include the payment of consideration, and including the execution of any associated settlement agreements. Subrogation - The right to recover from a third party the amount paid under an insurance policy or retained loss. Errors and Omissions- Coverage for liability resulting from errors or omissions in the performance of professional duties and includes the acts of public officials. Workers' Compensation (Act)- Chapter 440 of the Florida Statutes which establishes the Florida Workers' Compensation Act and includes a system of wage replacement benefits for and medical treatment of compensable work - related injuries and occupational diseases, as well as the Administrative Procedures governing the administration of the Act. Claims Against Collier Countv 1) Bodily Injury Liability Claims- The Risk Management Director shall have the authority to settle Claims that do not exceed $50,000 inclusive of Plaintiff's attorney's fees, damages and expenses but exclusive of Loss Adjustment Expenses. Claims wherein a Cause of Action has been filed shall require settlement approval by the Board of Commissioners. 2) Property Damage Liability Claims- The Risk Management Director shall have the authority to settle Claims that do not exceed $75,000 inclusive of Plaintiff's attorney's fees, damages and expenses but exclusive of Loss Adjustment Expenses. Claims wherein a Cause of Action has been filed shall require settlement approval by the Board of Commissioners. 2 Agenda Item No. 16E7 December 13; 2005 Page 7 of 14 3) Errors and Omissions, Professional, Public Officials Claims- The Risk Management Director shall have the authority to settle Claims that do not exceed $50,000 inclusive of attorney's fees, damages and expenses but exclusive of Loss Adjustment Expenses. Claims wherein a Cause of Action has been filed shall require settlement approval by the Board of Commissioners. All settlements shall be subject to the Loss Verification and Expense Procedures contained herein. Property Losses Including Automobile Physical Damage (First Party) The Risk Management Director shall have the authority to authorize the payment of property Claims to County owned property pursuant to the terms of coverage and subject to the Loss Verification and Expense Provisions contained herein. Workers' Compensation Claims 1) Workers' Compensation (exclusive of Employer's Liability)- Due to the administrative nature of Workers' Compensation Claims, the Risk Management Director shall have the authority to settle Claims issues, including petition for benefits issues, medical, indemnity, and impairment benefit issues including medical and indemnity washouts pursuant to Florida Statutes Chapter 440, subject to the final approval of the Judge of Compensation Claims, if applicable. 2) Employer's Liability- The Risk Management Director shall have the authority to settle Claims that do not exceed $50,000 inclusive of plaintiff's attorney's fees, - damages and expenses but exclusive of Loss Adjustment Expenses. Claims wherein a formal Cause of Action has been filed shall require settlement approval by the Board of Commissioners. Subrogation 1) Bodily Injury and Property Damage Claims- The Risk Management Director shall have the authority to pursue rights of subrogation on the County's behalf for damages incurred by the County and may enter into agreement to settle such Claims unless a Cause of Action is required to enforce the County's subrogation rights. If a Cause of Action is required, approval by the Board of Commissioners shall be required to bring such Action and the Board of Commissioners must approve settlement. 2) Workers' Compensation Claims- The Risk Management Director shall have the authority to pursue liens and/or rights of subrogation on the County's behalf for expenses incurred by the County which are caused by a third party. The Risk Management Director may approve an agreement to settle such liens or Claims unless a Cause of Action is required to enforce a matter. If a Cause of Action is required, approval by the Board of Commissioners shall be required to bring such Action and the Board of Commissioners must approve settlement. Loss Adjustment Expenses The Risk Management Director shall have the authority to authorize the payment of Loss Adjustment Expenses necessary to investigate and settle Claims brought against the County. Such expenses shall include but not be limited to the cost to retain experts, pay records expenses, pay filing fees and costs, pay the costs of 3 Agenda Item No. 16E7 December 13, 2005 Page 8 of 14 depositions, procure private investigation services, perform records reviews and searches, procure bill review services, procure appraisals, and procure other expenses necessary to investigate, authenticate, or evaluate a Claim made against the County. The Board of Commissioners waives the Collier County Purchasing Policy as to these expenditures but such shall be subject to the Loss Verification and Expense Provisions contained herein. Loss Adjustment Expenses shall not include the hiring or retaining of outside counsel to represent the Board or individual employees named in a Cause of Action. The hiring of outside counsel shall be subject to the approval of the Office of the County Attorney and the Board of Commissioners. Loss Verification and Expense Provisions The Risk Management Director shall document each Claim file with the following documents and records to support the settlement of Claims and/or the finding of negligence on the part of the Board of Commissioners to support the settlement of claims as permitted pursuant to this Resolution. 1) The completion of a Claim Form. 2) The completion of an investigation form including witness statements, collection of evidence, pictures, diagrams, etc. 3) The collection of necessary documentation to approximate the value of the loss. 4) A written recommendation by the Risk Management staff member or the contracted Adjuster performing the investigation as to the issue of liability, Claim valuation, economy and efficiency, and or other reasons for the recommendation to settle within recommended amounts. 5) A written recommendation by legal counsel, in the case of proposed liability claims settlements in excess of $25,000.00, outlining the parameters for settlement. 6) A Closed File report will be presented to the Board on a quarterly basis as a Consent Agenda item to apprise the Board of settlements approved during the preceding quarter. The approval of Loss Adjustment Expenses shall be subject to the following provisions: 1) The Risk Management Director may approve the purchase of specialty services procured from vendors utilized by the Adjusting Company for their clients and when performed on the County's behalf to evaluate a Claim. The Adjusting Company shall disclose the estimated cost to provide the service prior to approval. The Risk Management Director may evaluate the cost/benefit of using same when evaluating the decision to settle a Claim. 2) If a service, document or thing is available from a single source, the payment of fees shall be permitted if such service, document or thing is necessary to authenticate the Claim. The Risk Management Director may evaluate the cost/benefit of this expenditure when evaluating the decision to settle a Claim. 3) The Risk Management Director may approve Loss Adjustment Expenses when the expertise or availability in a given area of expertise or service is determined by the Adjuster and the Risk Management Director to be narrow or limited or the availability of such service is limited due to geography and such expense is determined to be necessary to authenticate and evaluate the Claim. The Risk Management Director may evaluate the cost/benefit of this expenditure when evaluating the decision to settle a Claim. 4 Agenda item No. 16E7 December 13, 2045 Page 9 of 14 4) If the County has exceeded its Self- insured Retention or has exceeded the notification requirements for an Excess Carrier as to the Self- insured Retention for a given Claim, the Risk Management Director, through the Adjusting Company shall coordinate the approval of expenditures with the Excess Carrier so as not to jeopardize the repayment of Reinsurance Funds. 5) The purchase of outside legal counsel services shall require the approval of the Office of the County Attorney and the Board of Commissioners. Settlement Documents The Risk Management Director, through the County's adjusting company and the Office of the County Attorney, shall prepare settlement and release documents for use in the settlement of non - litigated matters. Such documents shall be executed by the Risk Management Director upon settlement of the Claim in question, pursuant to the provisions of this Resolution. A copy of the standard form settlement document in blank is attached as Exhibit 1 and is approved as part of this Resolution. Deleciation of Authority The Risk Management Director may, at his/her discretion, delegate this authority in part or in full on a temporary basis to a member of his/her staff or on a temporary, limited basis to the County's contracted adjusting company in the event of availability, schedule conflict, or other conflict. Such delegation may include attendance at mediation, arbitration, and/or trial. However, all settlement and release documents must be executed by the Risk Management Director. This Resolution adopted after motion, second and majority vote, favoring same. DATE: I -! 3 - 2004 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTJ9� .19t�`4ip °, Ddb 8roftr By: _Ln�:J_ . 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L m m¢ a s cn c m o d�E J¢ a m m m¢ m 5 o E m -° °m o a a m a 2 c rn > L m m a` d y 3 m' o z m m 2 3 c m m 0 tU T -o c m y 2 o J - c 16 v a ¢ j¢ ' a >> � a U w E - J? 6 12 W O O. W N N U cm6 o m N r m E> Ly N O N W N T Y Y Y J J J J a�a z z O O O d rL ¢ ¢ ¢ QQ � v) rn Q) (an r°n fJl FJ- > > p� M m O O OJ NQ t° M o ^O (`J rOD QOi �u�O'l co a, N ayD 7 N �W r0 m< ONi O O r N tD N p�p�� 10 O O a 0 ('] O N m� 0 o moll O m N r p 0') °p> m U) .^- ID N r p m O O c7 ta09 m C7 m N (7 m C7 C1 N m N N C1 f0 m ['1 m N N M tO O Cl) m C7 m N C J a_ 0 F°- Agenda Item No. i6E8 December 13, 2005 Page 1 of 33 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS p. < Item Number. 15ES Item Summary: Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board- Approved Contracts. Meeting Date: 12/1372005 9100,00 AM Prepared By Diana DeLeon Administrative Assistant Dale Administrative Services Purchasing 11129120053:04:37 PM Approved By Steve Carrell Pu'rchasinglGeneral Svcs Director Deno Administrative Services Purchasing 11129120063;11 PM Approved By Len Golden Pricy Administrative Services Administrator Des. Administrative Ssrvices Administrative Services Adman. 11124/2005 9:56 PM Approved By OMB Coordinator Administrative A.M tam Data County Managers Office Office of Management 4: Budget 11/2012005 4 :35 PM Approved By Michael Smykowski Management 4. Budget Director Data County Manager's Orifice 0"1" of Management 4. Budget 1113012005 9:14 AM Approved By Lea E. Ochs, Jr, Deputy County Manager Date Board of County County Manager's Office 12f1120061:60 PM Commissioners I'-- Agenda Item No. 16E8 December 13, 2008 Page 2 of 33 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 October 31, 2005 through November 21, 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 0 IL w fn W 0 W ri z U LU F- O m « o � a0 0. R¢ V w V m +' C V 3 O o¢ U w C z ZZ 02 LO C > a ci,i n D Imz o tOM N $ Z `i cn E N « m m> c Ned t ° O w a U o r V E U m ¢ o 0 o V w O O N CL O Cl E m cm Im C � z L s v V O O to o w N m m a'C+ LL y v C �0.. m 3 o C m m E O V w U) E CL co m a m C d 0 O c 0 O boa z w 0 IL w fn W 0 W ri z U LU F- O m « o � a0 0. 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V ro 2 U C7 Ci I-° c U d m m !6 O o O m � ; m Z N > d un O CONTRACT/WORK ORDER MODIFICATION CHECKLIST FORM PROJECT NAME: Judges Courthouse Parking Canopy PROJECT #: 52525 BID /RFP #:01 -3235 MOD #: 2 PO #: 4500046664 DEPARTMENT: Facilities Original Contract Amount: Current BCC Approved Amount: Current Contract Amount: Change Amount: Revised Contract/Work Order Amount: Agenda Item No. 16E8 December 13, 2005 Page 8 of 33 WORK ORDER # DA -02 -08 $ 29,010.00 (Starting Point) $ N/A (Last Total Amount Approved by the BCC) $ 27,810.00 (Including All Changes Prior To This Modification) $ 500.00 $ 28,310.00 (Including This Change Order) Cumulative Dollar Value of Changes to this Contract/Work Order: $ (700.00) Date of Last BCC Approval Agenda Item # Percentage of the change over /under current contract amount % -2.41 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: 9/13/05 CURRENT: 3/13/06 SUMMARY OF PROPOSED CHANGE (S): Identify the change: Add to scope of work for the Site Development Plan Insubstantial Change (SDPI). JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? Required by CDES. PARTIES CONTACTED REGARDING THE CHANGE: IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or NIA) _Y Proposed change is consistent with the scope of the existing agreement _Y Proposed change is in fact an addition or deletion to the existing scope _Y Change is being implemented in a manner consistent with the existing agreement _Y_ The appropriate parties have been consulted regarding the change _Y Proposed prices, fees and costs set forth in the change are reasonable PROJECTIMMANACpER R OMMENDATION: This form is to be signed and dated. APPRO BY: Date: roject Mbnager Revised 4/25/2005 Agenda Item No. 16E8 December 13, 2p Date: V � Page 9 di REVIEWED BY: tst Cant Spe Revised 4/25/2005 Agenda Item No. 16E8 December 13, 2005 CONTRACT/WORK ORDER MODIFICATION Page 10 of 33•. CHECKLIST FORM PROJECT NAME: Building H 2 Human Services Renovation PROJECT #: 52525 BIDIRFP #: 02 -3349 MOD #. 1 PO #:4500047990 WORK ORDER #: SC -12 -131 DEPARTMENT: Faci I hies Original Contract Amount: Current BCC Approved Amount: Current Contract Amount: Change Amount: Revised ContracbVork Order Amount: $ 37,766.02 (Starting Point) (Last Total Amount Approved by the BCC) $37,766.02 (Including All Changes Prior To This Modification) $1,151.00 $38,917.02 (Including This Change Order) Cumulative Dollar Value of Changes to this Contract/ Work Order: $1,151.00 Date of Last BCC Approval Agenda Item # Percentage of the change over /under current contract amount 3.05% 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: 1114105 CURRENT: 11/25/05 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Additional Insulation Material, labor, electrical Outlet. JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? Requested by owner. PARTIES CONTACTED REGARDING THE CHANGE: Robert Fuentes, George Westgate. IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, M 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 PROJECT MANAG RECOMMENDATION: This form is to be signed and dated. lf APPROVE B Date: f.r 1111111 Ie ma i ,- -- REVIEWED BY Date: Revised 4/25/2005 ER MODMATM FORM • I I , I -i Original Contract Amount: n7 Current BM Approvall Amount- $ 74 Tau Aw=wwaW*AVFnFftd mmmmmlbw-murmp T1 I W. Change Amount.' Revised Couuvct/Work Order' Amount: Cumaigtive Donsw Vidue of Changes to this Coutrac i 00011ec. Date of Last BCC: Approval juna 14, zuuo pwcwftga of the dunge, under current Fomiula: (Current Arnotxt I Last BCC approved Results. and Actions: If *8 dOlie 0=136ft 1 13 Purchasing report For specift WomOdOn Acirninistration Procedwesi, Section IILCA. CURRENT . COMPLETION DATE 0:0FOGINAL L SUMMARY OF PROPOSIEDZHANGIE (S)-. ww4v JUSTIFICATION FOR CHANGE (S): What Vakm PARTIES CONTACTIED REGARDING THE CHANGE IMPLEMENTAinoN STEPS Cleft each bdbr* 101" Proposed charge It consistent with the s000 of I Proposed change is in flid an a*Wdan or —14tion Y Change is being knpilenwiftdirtairawa sis The appropriate parties have been cor=AW W Proposed pncM ftes and costs set forth in d PROJECT MANAGER RECOMMENDATION: Tt4s ft MA I! MM� Revised 4/25/2005 Agenda Mm * A appro4d is mcpred; up work 6RW twedwids, qW do #KOM ChwQ" Pn for major Collie Agenda Item No. 16E8 December 13, 200&3 Page 11 of 33 10% reported to BCC on ise now to the Contrad e)ds*V "Wee"Ifft to exhdirV, 900" t Wh fm exisft agree" I ng the change go are reasonable is to be signed and dateo. .." a A &&- Date. ZIA lb< f # to the project? ounty/city of Naples rpouirements. or t�k Agenda Item No. 16118 December 13, 2005 Page 12 of 3314 CONTRACT/WORK ORDER MODIFICATION CHECKLIST FORM PROJECT NAME: VANDERBILT BEACH ACCESS # 7 (BAYVIEW BRACH ACCESS) PROJECT #;90016 BlD RFP #: 02 -3349 MOD #:2 PO #:4500045043 DEPARTMENT: PARKS AND RECREATION Or4A i Contract Amount: Current BCC Approved Amount: CVrmnt Contract Amount: Change Amount: Revhmd ContraevWork Order Amounts $149,250.00 (sag POW) $144,250.00 (Last Total Amount Approved by the BCC) $154,400.00 (including All Chwgts Prior To This Modificatlou) $ 6,510.40 $160,910.00 (Including Thts Change Order) Date of Last BCC Approval: 4/12/2005 Agenda ttam #16(D)5 PerOentage of the change over current contract amount: + 7.81 % 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 Procedurea, SaGdon III.C.a. CURRENT COMPLETION DATE (S):ORIGINAL 911612005 CURRENT: 11/3012005 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. This additive Change Order # 2 Is associated with the addition of Investigation, repair and restoration of the existing storm drainage system at the Vanderbilt Beach Access # 7 project. The County as Owner has requested that the Contractor provide additional work and Materials to examine and rectify the erosion and collapse of the brick paver walkway at the site due to a recent rain event. A previously unknown underground storm sewer system caused the damage to the finished project brick walkway. In order to correct the problem, the Contractor had to remove parts of the brick paver pathway, search for additional basins, clean out the underground storm vaults, sewer viewer the system, seal off and install a new solid lid on the underground basin, and restore the site to previously finished condition. Additionally an asphalt transition was requested to insure safety at the existing sidewalk grade. 15, extra days are being requested to complete the project caused by this extra work. Change Order # 2 is valued at $6,510. JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? These changes are owner driven and are heeded to correct the erosion and safety Issues caused by previously unknown existing conditions that have damaged the finished walkway. PARTIE$ CONTACTED REGARDING THE CHANGE: Parks and Recreation Director, Purchasing Contract Specialist, County Project Manager. Revised 4/25/2005 Agenda Item No. 16E8 December 13, 200 Page 13 of C( IMPLEMENTAI ION STEPS (Verity each before proceeding With change using Y, N or WA) _X_ Proposed change is consistent with the scope of the existing agreement _x— Proposed ohange Is In fact an addition or deletion to the existing scope x - Change is being implemented in a manner consistent with the existing agreement DC The appropriate parties hays been consulted regarding the change .-x— Proposed prices, fees and costs W forth In the change are reasonable PROJECT MANAGER RE NATION: This form Is to be signed and dated. APPROVE BY: <1' Date: Vnior P jest Manager Date: REVIEWED BY Und st. at Specialist E. Revised 4/25/2005 A Agenda Item No. 16E8 CONTRACTIWORK ORDER MODIFICATION December 13, 2005 CHECKLIST FORM Page 14 of 33 PROJECT NAME: Golden Gate Parkway Grade Separated Overpass PROJECT * 60027 BID/RFP #: 04 -3588 MOD #: 1 PO#: WORK ORDER M AA1- FT -05 -01 DEPARTMENT: TE&CM Original Contract Amount: S p (��o�n��,�/nn/�.�00 `� II -My (starting Pouts) _ Current BCC Approved Amount.- Current Contract Amount: Change Amount: Revised Contract/Work Order Amount: S NA (Last Total Amount Approved by the BCC) S 8_940.00 (Including All _ _ dmig Changes Prior To is Modification) S 135" S 9.075.00 (Including This Change order) Cumulative Dollar Value of Changes to this Contract/Work Order: 4.9m:00 %, 00 Dal6 of Last BCC Approval 12/14/04 A enda Item # ; Percentage of the change overfunder current contract amount +1.51 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: 6/1/05 CURRENT: 12/31/2007 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Provide funding to compensate for physical testing of soil samples Samples tested for organic content and are to be used as part of expert wiiaess testimony. The expert witness testimony could take place as late as the end of contract The completion date is extended accordingly. JUSTIFICATION FOR CHANGE (S)i What value or benefit do these changes provide to the project? - The nh.an:.. [ 6e4:.... -C u'- - -:I - -- -- -- _ ..- - - - - - vcc„a. t 5 Q1 used as a comparison to Prior testing by others 1U PARTIES CONTACTED REGARDING TIE CHANGE: TE+&CM Director TE&CM Principals, and Count, Attomev Staff. IMPLEMENTATION STEPS (Verify each btfore proceeding with- cizange nsing Y, 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 or N /A) IR)NOV 0 8 200 Transportation Engintresing Depart Agenda Item No. 16E8 December 13, 200 PROJECT MANAGER RECOMMENDATION: This form is to be signed and dated. Page 15 of 3 °� APPROVED BY: -! Date: REVIEWED r; vm- V Contract Speciaiist PREPARED BY' Date: z/- ,1 u Sr'iir�t Prraje i4' Gary R, aaitans , . APP Y Date: O' E e Calvert, P.E. Principal Project Manager APPROVED BY: w Date: i Jay Ah_ E. Q ectat`o' "i r pt ri f arr Engineering and Constniction Management APPROVED BY: Date: . Norman E. Feder, A{CP, Administrator Transportation Services Division Agenda Item No /16E8 CONTRACTIWORK ORDER MODIFICATION December 13, 2005 CHECKLIST FORM Page 16 of 33 PROJECT NAME: Consultant Services for the Update of the Collier County Comprehensive Pathways Plan PROJECT M N/A BID /RFP #: 03 -3559 MOD #: 3 PO #: 4500048231 WORK ORDER #:N /A DEPARTMENT: Transportation Original Contract Amount: Current BCC Approved Amount: Current Contract Amount: Change Amount: Revised Contract/Work Order Amount: $ 99,976.00 (Starting Point) $99,976.00 (Last Total Amount Approved by the BCC) $101,896.00 (Including All Changes Prior To This Modification) $2190.00 $104,086.00 (Including This Change Order) Cumulative Dollar Value of Changes to this Contract/Work Order: $4,110.00 Date of Last BCC Approval: 2/24104 Agenda Item # 16 B 4 Percentage of the change over /under current contract amount 4.11 % 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 Procurement Administration Procedures, Section IV.3.d CURRENT COMPLETION DATE (S): ORIGINAL: 6/20/2005 CURRENT: 12/3112005 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. To extend the contract time to December 31,2005 to allow for the adoption of the Comprehensive Pathways Plan proposal at the December 15,2005 MPO Meeting, and to address any incomplete tasks and required documentation. County required a special Pathways Plan Goals and Objectives workshop that was held July 22, 2005, now identified as Task 7. JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? The project schedule was moved back to account for additional adjustments to the 2030 population, employment, and school enrollment forecasts that were required for use in the Latent Demand Analysis component of the Pathways Plan. PARTIES CONTACTED REGARDING THE CHANGE: Charles Barmby -MPO Director, Rhonda Rembert- Contract Specialist, Peyton McLeod - Sprinkle Consulting 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 Revised 10 15105 PROJECT MANAGE R O ENDATION: This form is to be signed and dated. C _ Date: —APPROVED BY: Ch r a y, P rector REVIEWED BY: Date: I� onda Rembert, Contract Specialist Revised 10/5/05 Agenda Item No. 1618 December 13, 2005 Page 17 of 33 Agenda Item No. 16E8 CONTRACT/WORK ORDER MODIFICATION December 13, 2005 CHECKLIST FORM Page 18 of 33 PROJECT NAME: Santa Barbara Blvd. Force Main PROJECT #: 73132 BID/RFP #: 03 -3534 MOD #: 3 PO #: 4500016141 WORK ORDER #: DEPARTMENT: PLIED Original Contract Amount: Current BCC Approved Amount: Current Contract Amount: Change Amount: Revised Contract/Work Order Amount: $ _6,126,324.00 (Starting Point) $_ 6,479.573.99 (Last Total Amount Approved by the BCC) $_6.727,643.79 (Including All Changes Prior To This Modification) $_ 167,717.21 $ 6.895,361.00 (Including This Change Order) Cumulative Dollar Value of Changes to this Contract/Work Order: $769,037.00 Date of Last BCC Approval 9/23/2003 Agenda Item # 10 C Percentage of the change over /under current contract amount 4)-G2 % 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: 4/26/2005 CURRENT: 2/13 /2006 SUMMARY OF PROPOSED CHANGE (S): Identify the changes: Undisputed additional cost associated with raisinq the Wetwell. JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? Wetwell could not be constructed until ground water_enterinq the excavation could be stopped PARTIES CONTACTED REGARDING THE CHANGE: Mike Pettit, Lyn Wood IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N /A) X Proposed change is consistent with the scope of the existing agreement X Proposed change is in fact an addition or deletion to the existing scope X Change is being implemented in a manner consistent with the existing agreement X The appropriate parties have been consulted regarding the change X Proposed prices, fees and costs set forth in the change are reasonable PROJECT APPROVE REVIEWEC Revised 4/25/2005 rm is to be signed and dated. Date: 10/31/2005 Date: ,# 7o2 `-OS Agenda Item No. 1 6E8 December 13, 2035 CONTRACTIWORK ORDER MODIFICATION Page 19 of 33 CHECKLIST FORM r,#ROJECT NAME: Livingston Road (RR — PRRI — PROJECT #: 600714 BID/RFP #: 0 1 MOD #: 7 PO# :4_5 0326!x. WORK ORDER #:NIA DEPARTMENT: ATM original Contract Amount: Current BCC Approved Amount: Current Contract Amount: Change Amount: Revised Contract/Work Order Amount: $ 989.892 04 (Starting Point) $ 1.144 05184 (Lest Total Amount Approved by the BCC) $1,194,051.84 -- - (Including All Changes Prior To This Modification) S 2.085 78 S 1 19196b.06 (Including This Change Order) Cumulative Dollar Value of Changes to this Contract/Work Order. $ 202,074.02 Date of Last BCC Approval April 26. 2005 Agenda Item # 16 -13-8 _ ercentage of the change overiunder current contract amount -917% rormuia: (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: January 24. 2005 CURRENT: Aua ust 31.2005_ SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Change Order to delete 4 Coconut Palms that were not used on the protect and one blo-barder. JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? PARTIES CONTACTED REGARDING THE CHANGE: IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or NIA) Y Proposed change is consistent with the scope of the existing agreement 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:— prices, fees and costs set forth In the change are reasonable PROJECT MANAG CO NDATION: This form Is to be signed and dated. RPROVE BY: Date: eterse P a or REVIEWED BY: Date: onda Rembert, ntrect Spec st Revised 4/25/2005 CONTRACTIWORK ORDER MODIFICATION Agenda Item No. 16E8 December 13, 2005 CHECKLIST FORM Page 20 of 331 PROJECT NAME: _ Was4ewaa*ke- C�11ec ror�s !�' �S PROJECT #: !j2.S(��i I f i�c; It�y i�/naJa;li ticr�. BID/RFP #: !ds-3767 MOD #: aegrordergtf PO #: wsoaC,'/4aL11 WORK ORDER #:_ !� /A DEPARTMENT: At: i c L4 tj l � r'e5 Svc r'r AS Original Contract Amount: Current BCC Approved Amount: Current Contract Amount: Change Amount: Revised Contract/Work Order Amount: $ 43 8' D, (Starting Point) $ x{38, 400. 90 (Last Total Amount Approved by the BCC) (I /nclu g) All Changes Prior To This Modification) $ (Including This Change Order) Cumulative Dollar Value of Changes to this Contract/Work Order: $ ���• t -- Date of Last BCC Approval al.;�Xn5 Agenda Item # 16 C / i Percentage of the change over /under current contract amount 1 . S I % 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: _I? 4 CURRENT: D SUMM RY OF PROPOSED C ANG (S): Ie ti the chapes. e_ t r JUSTIFICATION FtR CHANGE (S): What value or benefit do these changes provide to the project? Akw s,erv`'c wifrns tie ci re " R« S Me�i sa t ►'t t, ,ts sw. z' tA s. i t WAS res rlur` s tr'`d% PARTIES CONTACTI�D REGARDING THE CHANGE: -u (E �S g+es, Z� c. (Core r ors Dvc /r— r_ a- _ L_ r1 _ J_' rr IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, —Nor WA) _ Proposed change is consistent with the scope of the existing agreement ✓Proposed change is in fact an addition or deletion to the existing scope hange 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 PROJECT MANAGER RECOMMENDATION: This form is to be signed and dated. APPROVE BY: �yr.� Date: 3 t" Proje ana er REVIEWED BY: Date: fl Co Specialist Revised 4/25/2005 CONTRACTWORK ORDER MODIFICATION Agenda Item No. 16E-"" December 13, 2005' -4, CHECKLIST FORM page 21 of 33 vRO. � N KAPt+,S::- �lQl� PAW.: C�C3N�QIV IKANAGEIilEENT RT' PROJECT #:80602 BID /RFP' #: 01 -3189 MOD #:18 PO #:45UU037217 DEPARTIWENT: PARKS AND RECRF- ATIO14 original Contract Amount C»rent BCC Approved Amount: c Trent Contract Amount: Revised ContractlWork Order Amount: $53,802645 (Starting Point) $42,023,46330 (Last TOW A I . Apvaed by- the BM $4f?5E?g78.48T . (inchuNWAITChanges Prior To This Modificatiim# (S -237, MW . 540,272,349E 87 (including This Change order) Cumulative Dollar Value of Changes to this Contract(Work Order: ( 5- 1- TMO,295.13) Date of Last BCC Approval: W24/20W, Agenda Item, #16(D)* 39rcentaWattkiwrl I g&tAiedw+carrentccwdxam*ammcWmb- 41.17 °1Q Formula: (Cur mtAat wt /. Last BCC approved aunt) --"t Results and Actiom -If the change,exceeds 10% BGG approval is rbgi fired; under 10% reported tot BCG on Purchasing report For speck information regarding work order thresholds, please refer to the Contract Administration Procedures, Section III.C.4. CURRENT COMPLEI'i'ON 1TATE(5):G;ffMNAE-- W1012MW CMWMT 'rW=Qfi` WMlM y OF pRQPQS8&.GbW4CiE (S)-.' Identiijp,ilw► - Tom; &4MWW diew Ot �wNfi►- flies "�iiarct�ll�hsrf`�aiw�riais i�'onEr tlMi`'Pr'oJ�''�c�es;• aOW North Naples Regional Park ccnstcuctiow pro ac L l&V d en9ahtdirert co"waic c�ertaio'matiarials ft�m '. Kra[t.Constructilb s purchase - oxdecaneE; purchasing*ftctiy, from. 9wr.:vendor,.t ierGinisilir s al taftsave or the' $23T,45MOOr of . ttFE 6% Florida Sales Tax orr the' purchase: , to this cases the~'savirrgs' . Pis` equals approximately $43,4491h tax savings to the County_ Collectively, alt: Change Ordemfor the OW add up to $13,530,295.13 which equates to tax savings ol.approxin dely.$782,5W to # County. •- JtISTtFICA'FtM.- FOR.-Cti t: Vfftatvatue`ar-benefitdo.tlaser changmwprovidetothirproject9 Exhibit t"T of the Conftwt sets out the prvicedbre for execufing the• 1 rest l01941brs PimcrraW ("MM Of goods. This Change Order is consistent with the contract's procedures, and is in concert with the County's policy of Sales Tax savings thru direct purchases. This saves the County significant amounts of money. PARTIES CONTACTED REGARDING THE CHANGE Pbril and Recreadort Director, Public Services Administrator, Purchasing's Contract Specialist, Clerks Finance Department Special Propcts Coordinator, - County Project Manager. Revised4125 /20W Agenda Item too. 16E8 December 13,� 5 Page 22 €�'3k IMPLEMENTATION STEPS (Verify each befotwpmceeding with change• using Y, 14 or IjA� _x Proposed change is consistent with the scope of the existing agreement x Proposed-chamjL -is in fact arr addition or deletion to the existing scope _x Change is being implemented in a marmercorrsisterrt with the existing agreement _x The appropriate parties have~ been consulted regarding the change x Proposed prices, fees and costs set forth in the change are reasonable PROJECT APPROVE BY :. J REVIEWECULY. Ei TI iI: This form is tube -signed and dated. • Date: ! Z )e(llate, enior Projec anager Date: ! 3 orrtract Spreeratisl` CONTRACTIWpRK ORDER MODIFICATION CHECKLIST FORM "25W Age [%M D Pa e 23 of 33 00 13 2005 pRo JECT NAME:: IMmoksrs RoOd 5P amd Dhtch Construction PROJEC344dMENSTEIN & ASSOC. BiDfRFP d: QS no MOO #: g POd: .741 WORK ORDER*: NA ■ —r- �. tit•. ;tf ► OrWnal Contract Amount: Current BCC Approved Amount: Current Contract Amount: CkanBe Amount: Revised CoLtract/Work Order Amount: S 767 O,Q (mss pow) S 7 (� Total Am mg Appmved by the BCC) 78MILM All ChaUPS Frim To This Modificatiim) (lacludmgThraClnn$ a (k'dw) Cumulative Dollar Value of Changes to this Contract/Work Order: $ 44.81Q0Q Hate of Last BCC Approval: MOM 1% 2005 Agenda Item 516 B I +� Percentage of the chanpe�+iunder current contract amount„ 'Ye Si 00 "T Formula: (Current Amount 1 Last BCC approved amount )-1 Results and Actions: if the change exceeds 10% BCC approval is required; under 10% reported W BCC on Purchasing report. For spea5c information regarding work order thresholds, please refer to the Contract Administration Procedures, Section iII.C.4. CURRENT COMPLETION DATE (S):QRIGINAL.: NOY*MbM „A 20M CURRENT: LAmwn er 12. SUMMARY OF PROPOSED CHANGE (S): Identity the changes. Prom .adlu=120 in both water JUSTIFICATION FOR CHANGE (S): What value or benwI t do these changes provide to the project? • . i r c [°s�i'1!1�)� °i �L'111Z'i 1�. *�'. i21! •uJt�il:iit:,' i=!! . _ _ ._.. .. ... _,.. r... Null l:! ■ '_:1.1! 1� � ..:..'.0 ci'r ' Ll = li Agenda Item No. 16E8 December 13, 200 Page 24 of 3 ,JMLEMENTATION STEPS (Verify each before proceeding with change using Y, N or NIA) Proposed change is consistent with the scope of the existing agreement Proposed change is in fact an addition or deietion to the emoting scope Change is being implemented in a mariner 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 PROTECT MANAGER RECOMMENDATION: This form is to be signed and dated, APPROVE BY: (�r.�cc� Date: 111XIIJO � Project a REVIEWED BY: _// Gate: 4Y-71, r Untract Specialist RECEIVED OCT 13 2005 PITMAN- NARTENSTEIN & ASSOC. Agenda Item Na`.-76E8 December 13,(2005 Page 25 of 33 C.t)NTRACTIWCRK ORDER MODIFICATION CHECKLIST FORM ROJECT NAME: Hideaway Beach Jetty & T-Grain construction PROJECT #: 905021 BIDIRFP #: 05 -3744 MOD #: 3 PCW. 4500041481 DEPARTMENT: Tourism ' Original Contract Amount: Current BCC Approved Amount: Current Contract Amount: Change Amount: Revised ContractlWork Order Amount S Z 140.ti80 ( Poilit) S *,App Vv�d Wie-1©i' C) 2183180 (hw iudiog All [ t'nor To T M Accrue) S 116%00 S 2.3°d �6r90 ambdiug This cw'"d okda') Cumulative Dollar Value of Chwats to tbiis CadractlWork Order. S L43 991G.00 Date of Last BCC Approval June 28 2005 Agenda 16F2 percentage of the change over current c�ont aci Formula: (Current Amount I Lass 80C approved amount) -1 Results and Actions: if the cnnge exceeds 10% BCC approval is required; 'woer 1096 ed to BCC on Purchasing report. For specific inkwn don regarding work order thmsholds, plegse refer to the Contract Administration Procedures, Section III.C.4. CURRENT COMPLETION DATE (S) :ORKMNA .: October 24.2005- CURRENT= Nor 1 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. 1. Increase tine quantities of the folloft: a. Bedding Stone by 620 Ton to a 2,140 Ton total @$6Wdn�20Ton X $60ITori= $37,200 b. Armor Stone by 1200 Tate to a 9,825 Total @,.i62.08JTan--1,200 X $62.081Ton= $74,496 Total increase of $111,696 2. Increase the Substantial Completion .time to 11/18/05 3. Increase the final completion time to 11125105. JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes plow tyo the Pr'oJect? A. protect hIdkmvMV Beach.' .. PARTIES CONTACTED REGARDING THE CHANGE: Gary McaW Lyrk Wtac ct Marlrte Cncr IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or NIA) Y Proposed change Is consistent with the scope of the existing agreement Y Proposed change is in fact an addition or deletion to the existing scope Y Change is being implemented in a reamer consistent with the agreement Y Tiie appropriate pa" have been.consulted regarding the change Y Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER RECOMMENDATION: This form APPROVE BY: Ga n.. REVIEWED BY: Spe(�aItSt n Ly! Revised. 4/25/2005 is to be signed and dated. Date: 11i_ Dates. / �-- CONTRACTMIORK ORDER CHECKUST FC PROJECT NAME: It,mmokalee Road:_. SUXRFP # IS A-35U MOD M DEPARTMENT: TECMD Original Contract Amount: S (mss ) Current BCC Approved Amount: Amount Current Contract Amount: Change Amount: Revised Contract(Wurh Order Amount: $ Cumulative Dollar Value of Changes to this Contract/Work Date of Last BCC Approval 6f28M5 Agenda Item No. 16E8 TION December 13, 2005 Page 26 of 33 �' #: 60018 WORK ORDER#: Modification) Ali rderE S 4A8 AMA:89- Percentage of the change over/under current contract amp Formula: (Current Amount / Last BCC approved amount) -1 Results and :Actions: If the change exceeds 10% BCC apprc Purchasing report For specific information regarding work Administration Procedures, Section III.C.4. CURRENT COMPLETION DATE (S):ORIGINAL: SUMMARY OF PROPOSED CHANGE (S): Identify the Agenda Item # 10 A Is required; under 10% reported to BCC on er thresholds, please refer to the Contract _,CURRENT: 6!27107 To add additional monies to cover JUSTIFICATION FOR CHANGE (S): What value or benefit dc{ these changes provide to the project? We PARTIES CONTACTED REGARDING THE CHANGE: Taylor.1janaaement Bu4020naint . IMPLEMENTATION STEPS (Verify each before proceeding i • Proposed change is consistent with the scope of the exis#in • Proposed change is in fact an addition or deletion to the ex • Change is being implemented in a manner consistent with 1 • The appropriate parties have been consulted regarding the • Proposed prices, fees and costs set forth in the change are PROJECT MAN AG RECO ENDATiON: This form is to APPROVE BY 4 Dat W ana REVIEWED BY Dat th change using Y, N or WA) agreement ►g scope existing agreement signed and dated. /t111a�' Agenda Item No. 16E8 December 13, 2005 CONTRACTIWORK ORDER MODIFICATION Page 27 of 33 CHECKLIST FORM PROJECT NAME: Remodeling of the Medical Examiner FaCitity PROJECT #: 552_162 BID/RFP 043658 MOD #: _2 PO #:4500035108 WORK ORDER #: DEPARTMENT: Facilities Original Contract Amount: Current BCC Approved Amount: Current Contract Amount: Grange Amount: $ 376,000.00 (Starting Point) $ 376,000.00 (Last Total Amount Approved by the BCC) $ 377,207.50 (including All Changes Prior To This Modification) $ 4,571.00 Revised ContractlWork Order Amount: $ 381,778.50 (Including This Change Order) Cumulative Dollar Value of Changes to this Contract/Work Order: $5,778.50 of Last 9/1 Percentage of the change over /under current contract amount 1.54 % 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 Iii.C.4. CURRENT COMPLETION DATE (S):ORIGINAL: 6/14/2006 CURRENT: 7/14/2006 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Add 30 days to contract. Add Dumpster Pad and Fence. JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? Required by development Services for the SDP. PARTIES CONTACTED REGARDING THE CHANGE: Bob Pierce, — Anthony Hamilton, EHC IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or NIA) Y Proposed change is consistent with the scope of the existing agreement Y Proposed change is in fact an addition or deletion to the existing scope Y Change is being implemented in a manner consistent with the existing agreement Y The appropriate parties have been consulted regarding the change Y Proposed prices, fees and costs set forth in the change are reasonable PROJECT MA APPROVE BY REVIEWED B' Revised 4/25/2005 arm is to be signed and dated. Date: t/ Date: _ Agenda Item No. 16E8 December 13, 20051& CONTRACTIWORK ORDER MODIFICATION Page 28 of 33 CHECKLIST FORM PROJECT NAME: Remodeling of the Medical Examiner Facility PROJECT #: 52162 BID /RFP 043658 MOD #: 3 PO#:4500035108 WORK ORDER #: DEPARTMENT: Facilities Original Contract Amount: Current BCC Approved Amount: Current Contract Amount: Change Amount: $ 376,000.00 (Starting Point) $ 376,000.00 (Last Total Amount Approved by the BCC) $ 381,778.50 (including All Changes Prior To This Modification) $ 14,213.00 Revised Contract/Work Order Amount: $ 395,99150 (IncMng This Change Ordcr) Cumulative Dollar Value of Changes to this Contract(Work Order: $19,991.50 Agenda Item Percentage of the change overlunder current contract amount 5.32 % 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.C.4. CURRENT COMPLETION DATE (S):ORIGINAL: 6/14/2006 CURRENT: 7114/2006 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Add A/C to Vestibule. JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? To prevent mold and mildew damage. PARTIES CONTACTED REGARDING THE CHANGE: Bob Pierce . Anthony Hamilton,.EHC 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 PROJECT MANAGER APPROVE BY: REVIEWED BY: Revised 4/25/2005 TION: This form is to be signed and dated. Date: Date: )� Agenda Item No. 16E8 December 13, 2001 CONTRACTMORK ORDER MODIFICATION Page 29 of CHECKLIST FORM PROJECT NAME: Vanderbilt Beach Road CR 862 PROJECT #: 63051; BlD/RFP #: 043675 MOD #: PO#: 4500031427 WORK ORDER # DEPARTMENT: T F N! Original Contract Amount: Current BCC Approved Amount: Current Contract Amount: Change Amount: Revised ContractfWork Order Amount: (Starting Point) s 37.04.879.73 (L,ast Total Amount Approved by the BCC) (Including All Changes Prior To This Modification) $ S 0.00 (Ln Zng This Change order) Cumulative Dollar Value of Changes to this Contmct/Work Order: S 30 Date of Last BCC Agenda Item # -- Percentage of the change ovedunder current contract amount 0 % 'ormula (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 Administratlon Procedures, Section III.C.4. f �1 f �7 CURRENT COMPLETION DATE (S):ORIGINAL: November 24 2007 _CURRENT: 7 SUMMARY OF PROPOSED CHANGE (S): Identify they changes. The follo Work Directives were re�ga� to etc 6" - — ec 8+ fl " water 1' e' WD Ho 202 +20 Rt. ect 6" o m ' — + " 2 d le 3 "Tee del t 30" GV delete 30x36 reducer WD No . 5tL 178 +75 deflect 6" FM. JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? This chance order will compensate the ` ` ••^''` `•.tisrh was not noted In the Plans to complete the 36 "' ViIM In MSA PARTIES`CONTACTED REGARDING THE CHANGE: Lynn R Thorpe P E Principal Project Manager Collier Cg_q& .. r%_ . CAAIo Rear+in PrniRr4 Manaar. Collier Countv IMPLEMENTATION STEPS (Verify each before proceeding with change,`using Y, N or N /A) -A- Proposed change is consistent with the scope of the existing agreement X Proposed change is in fact an addition or deletion to the existing scope x Change is being implemented In a manner consistent with the existing agreement _ x The appropriate parties have been consulted regarding the change x Proposed prices, fees and costs set forth In the change are reasonable: PROJECT MANAGER RECOMMENDATION: This form is to be signed and dated. RE kPPROVE BY: NOV _ a =7. Ed n, Proj REVIEWED BY: Co ra t Specia ist - M Revised 4/25/2005 CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM PROJECT NAME Naples Jail PROJECT #: 52008 BID /RFP #: 98 -2829 -MOD #: 37 PO#: 4500012306 DEPARTMENT: Facilities Original Contract Amount: Current BCC Approved Amount: Current Contract Amount: Change Amount: Revised Contract/Work Order Amount: Agenda Item No. 16E8 December 13, 2005 Page 30 of 33 WORK ORDER # $ 34,402,176.00 (Starting Wit) $ 29 ,914,372.14 (Last Total Amormt Approved by the BCC) $ 29,633,384.22 (facluding AIR Changes Prior To This Modifica6m) S - 81,87314 $29,551,511.08 (Including This Change Order) Cumulative Dollar Value of Changes to this Contract/Work Order: $ (4,850,66492) Date of Last BCC Approval 2/10/04 Agenda Item # 10 B Percentage of the change over /under current contract amount % -1.21 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: 6/13106 CURRENT: 6/13/06 SUMMARY OF PROPOSED CHANGE (S): DMPO for United Business Systems. JUSTIFICATION FOR CHANGE (S): To provide Spacesaver Mobile Systems and Shelving PARTIES CONTACTED REGARDING THE CHANGE: Peter Hayden. Ron Hovell Pete Tuffo 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 PROJECT MANAGER RECOMMENDATION: This form is to be signel and dated. APPROVE BY: Date: /' REVIEWED BY. a -- Date: r~r%nir� d �� Agenda Item No. 164 CONTRACTIWORK ORDER MODIFICATION December 13, 20 CHECKLIST FORM Page 31 of 33 PROJECT NAME: Goodlette Frank Road (PRR — VBRi PROJECT #: 601344 BIDIRFP #: 06 -3812 MOD #' 3 PO#:4500, =7320 WORK ORDER # :NIA DEPARTMENT :_ Original Contract Amount: Current BCC Approved Amount: Current Contract Amount: Change Amount: Revised Coutract(Work Order Amount: $ 631,635.4-3 (Starting Point) $ 63L635 43 (Last Total Amount Approved by the BCC) $ 65OM3.38 (Including All Changes Prior To This Modification) - (including This Change Order) Cumulative Dollar Value of Changes to this Contract/Work Order: $ 3n 522 49 Date of Last BCC Approval May 24,2006 Agenda Item # 1613-20 Percentage of the change ovedunder current contract amount 4.83% 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: November 18.2006 CURRENT: December 15.2005 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? ._. .. _ .._ww •��_- ..�..�t..wt 7w N&w r%aue nebafiafi +n PARTIES CONTACTED REGARDING THE CHANGE: IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or, NIA) _Y_ Proposed change is consistent with the scope of the existing agreement Y_ Proposed change is in fact an addition or deletion to the existing scope Y_ Change is being implemented in a manner consistent with the existing agreement Y_ The appropriate parties have been consulted regarding the change Y Proposed prices, fees and costs set forth in the change are reasonable PROJECT .-- APPROVE BY: REVIEWED BY: Rembert, Revised 4/25/2005 ,TION: This form is to be signed and dated, Date: CONTRACT/WORK ORDER MODIFICATION Agenda item No. 16E8 CHECKLIST FORM December 13, 2005 Page 32 of 3pq PROJECT NAME: Naples Jail PROJECT A 52008 ID/RFP #: 98 -2829 MOD #: 38 PO#: 4500012306 WORK ORDER # 6EPARTMENT: Facilities Original Contract Amount: Current BCC Approved Amount: Current Contract "oust: Change Amount: Revised Contract/Work Order Amount: S 34,402,176.00 (Starting Point) S 29,914,372.14 (Last Tc tai Amount Approved by the BCC) $ 29,551,511.08 (Including All Changes Prim.To This Modification) S71,937,38 $29,623,348.46 (Including Taus Change Order) Cumulative Dollar Value of Changes to this Contract/Work Order. S (4,778,827.54) Data of Last BCC Approval 2/10/04 Agenda Item # 10 B Percentage of the change over /under current contract amount % -0.97 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: 6/13/06 CURRENT: 6/13/06 SU1I WARY OF PROPOSED CHANGE (S): Additional Smoke Detectors on 2°d floor,Fees paid for fire hydrant, a number of electrical and wiring changes. $27,639.02 will be reimbursed by Sheriff to Project via a IGC. JUSTIFICATION FOR CHANGE (S): All required. PARTIES CONTACTED REGARDING THE CHANGE. Peter Hayden. Ron Hovell Pete Tuffo 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 PROJECT MANAGER RECOMIREV Tr. y Agenda Item No. 16E8 December 13, 2005 CONTRACTMORK ORDER MODIFICATION Page 33 o 3 CHECKLIST FORM �j PROJECT NAME: Fleet laclUtyPROJECT #: 52009 35010 BID /RFP M 0_ 2-3422 MO #: 9__...._.PO#.- 4500016851 WORK ORDER #: n/a_____ DEPARTMENT: Original Contract Amount: $500,000 (starting Point) Current BCC Approved ount: X74$.725.00 (cast Total Amount Approved by the BCC) Current Contract Amount: $755,175..0 (including Ali Changes Prior To This Modification) Change Amount: 6400.00 Revised Contract/Work O or Amount: $161,575.00 (including This Change Order Cumulative Dollar Value of Changes to this ContractlWork Order: $261,575.00 Percentage of the change ver/under current contract amount: 1. m Formula: (Current Amount / Last BCC approved amount) -1 Results and Actions: If the ange exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. For sp ific information regarding work order thresholds, please refer to the Contract Administration Procedures, S ction III.C.4. Date of Last BCC Approval uly 26 2005 Agenda Item # 16.E. � 5 CURRENT COMPLETION DATE (S):ORIGINAL: 5/5105 CURRENT: 5/15107 per 6/3/05 letter JUSTIFICATION FOR CHAN�E (S): What value or benefit do these changes provide to the project? The PARTIES CONTACTED REG�RDING THE CHANGE: Purchasing• Linda Jackson Facilities: Skip Camp. �ra(,;R 4d^ It i N i 4471 1 7- 4i-..7 'My— IMPLEMENTATION STEPS . �• rify each before proceeding with change using Y, N or NIA} Y Proposed change is content with the scope of the existing agreement $nted Y Proposed change is in fan addition or deletion to the existing scope Y Change is being implem in a manner consistent with the existing agreement Y The appropriate parties hl3ve been consulted regarding the change Y Proposed prices, fees ani I costs set forth in the change are reasonable PROJECT MANAGER RECD MENDATION: This form is to be signed and dated. APPROVE BY: Date: Pro' REVIEWED BY: Date: Revised 4/25/2005 Agenda Item No. 16F1 December 13, 2005 Page 1 of 11 EXECUTIVE SUMMARY Recommendation to approve a Certificate of Public Convenience and Necessity for NCH Healthcare System for non - emergency ambulance service and approve a Budget Amendment recognizing and appropriating the $250 annual renewal fee OBJECTIVE: Board of County Commissioners approval of a Certificate of Public Convenience and Necessity for NCH Healthcare System, authorization for the Chairman to execute the same and approval of a Budget Amendment to recognize and appropriate the $250 annual renewal fee. CONSIDERATIONS: NCH Healthcare Systems currently operates non - emergency ambulance transport under a Certificate of Public Convenience and Necessity. Collier County Ordinance No. 2004 -12 requires that NCH Healthcare Systems annually renew its original Certificate of Public Convenience and Necessity, pay a $250 fee and that the renewal certificate may be approved routinely by the Board of County Commissioners upon advise of the Administrator. FISCAL IMPACT: $250 to be recognized and appropriated by Budget Amendment to EMS Fund 490 for FY06. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary RECOMMENDATION: That the Board of County Commissioners: 1. Approve the Certificate of Public Convenience and Necessity for the NCH Healthcare System. 2. Authorize the Chairman to execute the same. 3. Approve a Budget Amendment to recognize and appropriate the $250 annual renewal fee. PREPARED BY: Jeff Page, Chief, Emergency Medical Services Agenda Item No. 16F1 December 13. 2005 Page 2 of 11 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. 16F1 Recommendation 10 approve a Certificate of Public Convenience and Necessity for NCH Item Summary: Healthcare System for non - emergency ambulance service and approve a Budget Amendment recognizing and appropriating the $250 annual renewal fee. Meeting Date: 12/13/2005 9:00:00 AM Prepared By Jeff Page EMS Clear Date Bureau of Emergency EMS 11117(20051:41:47 PM Services Approved By Jeff Page EMS Chief Date Bureau of Emergency EMS 1111812005 5:27 AM Services Approved By Darcy Waldron Senior Administrative Assistant Date County Manager's Office Emergency Management 11(21120082:23 PM Approved By Dan E. Summers Bureau of Emergency Services Director Date County Manager's Offica Bureau of Emergency Services 1112212005 0:58 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management b Budget 11128(2005 8:20 AM Approved By Michael Smykowski Management 3 Budget Director Data Ccurdy Manager's Office Office of Management & Budget 117281200512:16 PM Approved By Lao E. Ochs, jr, Deputy County Manager Data Board of County County Manager's Office 11130120052:13 PM Commissioners Agenda Item No. 16F1 December 13, 2005 Page 3 of 11 NCH Healthcare Systems COPCN Renewal Application f (941) 513 -7080 Pager: (941) 279 -9279 %fthm7t.. Dave Mennini Manager NCH Non - Emergency Transport Network 350 Seventh Se. North • Naples, FL 34102 P.O. Box 413029 • Naples, FL 34101-3029 Naples Campus NCH 350 Seventh Street N. lapses, Florida 34102 Healthcare (941) 436-5000 System To: Dan Summers, Director Bureau of Emergency Services Collier County, FL. From: Dave Mennini, Manager NCH Healthcare Systems, Ambulance Services Subject: Certificate of Convenience and Necessity for NCH Healthcare Ambulance Services Department Agenda Item No. 16F1 December 13, 2005 Page 4 of 11 North Colter Campus 11190 Healthpark Boulevard Naples, Florida 34110 (941) 513 -7000 Per Collier County Ordinance Number 2004 -12, please accept the following information for the renewal of the required certificate. 1. NCH Ambulance Services is operated by the NCH Healthcare Systems Located at: 350 7" St N Naples, Florida, 34101 2. NCH Ambulance Services, provides the NCH Healthcare System with Interfacility and out of county ambulances transports. 3. NCH Ambulance Services has a total of, 2 -State Licensed ALS Ambulances. We intend to add one additional ALS transport unit during the next three months. 4. NCH Ambulance Services is located at: 2157 Pine Ridge Rd Naples, Florida 5. NCH Healthcare Systems has been providing ALS services for 14 Months. 6. Schedule of rates: Attached 7. References: Attached 8. NCH Healthcare Systems financial statement is available upon request. www.NCHrnd.org �U-;- t.L o coop e N 0 tt? � ice-' 4) gEj�Li E c[t � -00 N � Q W H � WQ oW� U h Y �xAa wa0 ozzx w �0 W E-• Q0U Qa � a� 4J cn a� cc u ..0 u H w x U z �a u r-{ r-� 0 V � U N CV O O m cn a a.) �i 0 U a � N z 0 z O m p t a it a m a a. y 0} O O 0 I � 7 H U) � a v a z LV 7 e�.b :z c� OO a m a a. y 0} O O 0 I LV 7 e�.b :z c� OO Q ,mil Q M � U V n. q fi � pp W i-. N �3 e � C•S ° � N V tiR d b vt U d d -O • C bb to 0 cl P- , aj a�� w i 0 a� � ° k- M go awi d ° o V M W .fl ' v CU O tz d Cpl us Q O " � y a . W 71 � Q y y 0 m N cn a m a a. y 0} O O 0 I Agenda Item No. 16F1 December 13, 2005 Page 6 of 11 Attachment 6 Agenda Item No. 16F1 December 13, 2005 Page 7 of 11 FROM: NCH Healthcare System TO: Collier County Board of Commissioners CC: Collier County Emergency Medical Services Date: 09 -01 -2005 Subject: 2005 NCH Ambulance Charges Below, please find the updated charges for transport by NCH Ambulance. 280024 -9 NCH BLS Transport A0429 500.00 280030 -8 NCH ALS2 Transport A0433 600.00 280040 -7 NCH ALS1 Transport A0426 525.00 280050 -6 NCH ALS1 Transport A0427 550.00 2800704 NCH BLS Transport A0428 515.00 Agenda item No. 16F1 December, 13, 2005 Page 8 of 11 Attachment 7 r% I k'_� " H�6ar�' System . Search for a Physician Officers & Trustees Hospitals Walk-In centers The NCH Healthcare System Patient Information Announcements NCH Healthcare System Healthcare services :r Naples Community Hospital Calendar _ Inc., Diagnostic Services, Inc Ambulatory Surgical Care, Inc., News &events .: Community Home Services Community Home Care, Inc., About us Marco Healthcare Center Gulf Coast Linen Services, Inc. Officers & Trustees s Isabel Collier Read Health Resources Giving /Foundation Healthpark Corporation Directions to NCH r Community Health ,. BOARD OF TRUSTEES - 2005 -2006 Partners website Map NCH HEALTHCARE SYSTEM, INC. Frequently Asked NAPLES COMMUNITY HOSPITAL, INC. Questions COMMUNITY HOME SERVICES, INC. �f[� �V � S r , Corporate Officers Carl E. Westman Stephen L. Schwartz Richard M. Roland, M.D. Richard J. Censits Edward A. Morton Allen S. Weiss, M.D. James A. Warnken Cynthia A. Bennett Trustees: Allen, Elizabeth Baker, Jay Bodman, Richard S. Dalton, Susan Dernbach, M.D., Paul Flewelling, Linda Franklin, Laverne C. Grieve, Sandy Goetz, Ellin Grady, Thomas R. Greider, Christine H. Chairman 1st Vice Chairman 2nd Vice Chairman Secretary/Treasurer CEO President Asst. Treasurer Asst. Secretary Regaartal Hem Insbtilts TOP 5 % in the Nation for Overall Clinical Excellence :p: / /www.nehmd.orgfbody_efin ?id =487 9/16/2005 Lerner, Arnold Lutgert, Scott Maldonado, M.D., Nelson Marinelli, Paul McLaughlin, M.D., Diana Moll, Gerri Morrison, John Perkovich, Joseph I. Perman, Rabbi James Reilly, M.D., Raymond E. Stedem, Edwin Go to the associated page Return to Top MARCO HEALTHCARE CENTER Corporate Officers Allen, Elizabeth McGregor, James Kurtzman, Paul Diaz, Al Cooper, June Morton, Edward Weiss, M.D., Allen Warnken, James Bennett, Cynthia Trustees Adams, Richard G. Ausbon, M.D., William Burkhart, Joseph Fuson, Palma Kappauf, Melody LaLonde, Elizabeth Lucchese, Alphonse Marks, Robert Mordecai, Bryan Morris, William G. Patterson, John L. Saco, Yvette Tseckares, Socrates Stolee, M.D., Thomas' Tellinghuisen, Barbara Wheeler, W. G. (Spike) Willner, M.D., Howard Go to the associated page p-//www.nchmd.org/body.cfm?id=487 Chairman 1st Vice Chairman 2nd Vice Chairman 3rd Vice Chairman Secretary CEO President Asst. Treasurer Asst. Secretary Agenda Item No. 16F1 December 13, 2005 Page 10 of 11 9/16/2005 Agenda Item No. 16F1 December 13, 2005 Page 11 of 11 COLLIER COUNTY FLORIDA _ ._ _ _ _ Renewal of Class `B" COPCN ...... Name of Service: NCH Ambulance Services Name of Owner: NCH Healthcare System Principle Address of Service: 2157 Pine Ridge Road, Naples, Florida Business Telephone: (239) 513 -7080 Description of Service: Intrafacility and out of county transport for the NCH Healthcare System Number of Ambulances: 2 Ground Units See attachment for description of vehicles. This permit, as provided in Ordinance No. 2004 -12, shall allow the above named Ambulance Service to operate intrafacility and out of county transports for a fee or charge for the following area(s): Collier County until the expiration date hereon, except that this permit may be revoked by the Board of County Commissioners of Collier County at any time the service named herein shall fail to comply with any local, state or federal laws or regulation application to the provisions of Emergency Medical Services. Issued and approved this ATTEST: Dwight E. Brock, CLERK Clerk Am! 4 �,n & leg LI smMic,'.prnY AmSU day of 2005 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Fred Coyle, Chairman Agenda Item No. 16F2 December 13, 2005 Page 1 of 2 EXECUTIVE SUMMARY Recommendation to accept a $1,186 American Heart Association donation to Emergency Medical Services and approve a Budget Amendment to recognize and appropriate the funds OBJECTIVE: Acceptance of a $1,186 donation from the American Heart Association to Collier County's Emergency Medical Services Department. CONSIDERATIONS: The American Heart Association has provided the County's EMS Department a donation of $1,186 for the purchase of an Automated External Defibrillator (AED) and to replace the battery and pads of an AED donated to the Golden Gate Community Center. FISCAL IMPACT: An increase by Budget Amendment of $1,186 to Fund 490 (EMS) for Fiscal Year 2006. GROWTH MANAGEMENT IMPACT: There no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners accept a $1,186 donation from the American Heart Association and approve a Budget Amendment to recognize and appropriate the funds. Prepared By: Jeff Page, Chief Emergency Medical Services Agenda Item No. 16F2 December 13. 2005 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. 151`2 Item Summary: Recommendation to accept a $1,186 American Heart Association donation to Emergency Medical Services and approve a Budget Amendment to recognize and appropriate the funds. Meeting Date: 12/1312005 9:00'00 AM Prepared By Jeff Page EMS Chief Date Bureau of Emergency EMS 11i17i20051;11:65 PM 6ervicas Approved By Jeff Page EMS Chief Date Bureau of Emergency EMS 11IIW2005 0:26 AM Services Approved By Darcy Waldron Senior Administrative Assistant Date county Manager's Office Emergency Management 111211200511:51 AM Approved By Dan E. Summers Bureau of Emergency Services Director Date County Manager's Office Bureau of Emergency Services 11/21/2005 11:55 AM Approved By OMB Coordinator Administrative Assistant Dab County Manager's Office Office of Management b Budget 1112872005 0:01 AM Approved By Michael 8myk —ki Management b Budget Director Data County Manager's Office Office of Management & Budget 1 lIZU2005 12:14 PM Approved By Lao E. Ochs, Jr. Deputy Caumy Manager Date Board of County County Manager's Office 11!3012006 2:42 PM Commissioners Agenda Item No. 16F3 December 13, 2005 Page 1 of 11 EXECUTIVE SUMMARY Recommendation to approve a sole - source contract with eCivis for a multi -year subscription to eCivis Grants Locator in the amount of $101,317 OBJECTIVE: To provide all employees with an opportunity to efficiently search for grant funding, view comprehensive and consistent information about each grant, benefit from online training, easily access necessary grant forms and review examples of previously funded grant applications. The subscription will also include County approved access for non profit organizations throughout the county to take advantage of the same service. CONSIDERATIONS: On July 26, 2005, the Board of County Commissioners approved an annual contract with The Ferguson Group for federal lobbying services as agenda item 16 F 7. Negotiated within this contract was a free three month trial subcription with eCivis for the Grants Locator online subscription. During the three month trial, 51 employees, including several from the Clerk of Courts, Sheriff's Office and Health Department registered to use the system. A user survey compiled two months into the trial subscription indicated that over 90% of users recommend that a long term subscription be purchased. According to the users surveyed, the system provided information about grants appropriate to their department's needs, some even finding grants they had not seen elsewhere, significantly saved time on searching for grant opportunities, was very thorough and easy to use and served as a comprehensive listing of federal, state and foundation grants. No other system provides all this information in one location. It was also seen as very beneficial to '--' have all the relevant forms available and example successful applications. Many users also indicated that they work with non- profit organizations that would greatly benefit from using eCivis Grants Locator. Several other counties in the State of Florida are eCivis clients, including Lee County, Broward County, Orange County, Pinellas County, Alachua County, and more recently, Brevard and Seminole Counties. Lee County provides access to all non- profit organizations in the county and Alachu County has also opened the subscription to all non - profits and the county's nine cities and towns. In Lee County, it is seen as an inexpensive and mutually beneificial way of ensuring that the non - profits find the funding they need for critical projects and programs. This lessens the reliance upon county services as well for some areas of need. During the three -month trial period, five grants were submitted based on information found in eCivis Grants Locator. The status of these grants is still pending and may not be known for several more months due to the length the typical grant review process takes. To account for grant success resulting from the annual eCivis subscription, the tracking of each grant will include a note regarding where the grant was located. Furthermore, throughout the term of the subscription, other user surveys will be conducted as well as an audit of the grant tracking database to provide a report provided that indicates success resulting from the subscription. This will assist in the decision regarding renewal of the subscription. The Board is requested to waive formal competition for this purchase as a legitimate sole- source purchase in accordance with Section V C of the Purchasing Policy. A Statement of Sole Source is attached. Prior to the three month eCivis trial subsciption, extensive research was done to determine which companies provide grant locator services. Three were found and contacted. In addition to taking advantage of a trial from another company called Input, Collier County had a two year contract for a -. Agenda Item Igo. 16F3 December 13, 2005 Page 2 of 11 system called SPIN by InfoEd. Neither Input or InfoEd provided information about State of Florida grants, which comprises a large majority of grants received by Collier County. Input targeted local governments, but only with Federal grants. A comparison of the products offered by eCivis, InfoEd and Input is attached. FISCAL IMPACT: The subscription costs $33,750 the first year with no more than a 3% increase each subsequent year for a total of three years. Second year payment will be $34,762 and the third year payment will be $35,805. Funds for the first year are available in the County Manager's FY 06 Budget in Board Related Costs, General Fund (001). Funds for subsequent years will be budgeted accordingly. Additionally, The Ferguson Group has offered to return their fee from negotiating the eCivis multi -year contract to Collier County, in the amount of 12% the first year, and 15% the subsequent two years. A letter agreement to this effect is attached. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this executive summary. RECOMMENDATION: Recommendation to approve a contract with eCivis for a multi -year subscription to eCivis Grants Locator and to authorize the Chairman to sign the County Attorney approved contract. PREPARED BY: Marlene Foord, Grant Coordinator, Administrative Services 2 Agenda Item No 161`3 December 13. 2005 Page 3 of 11 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. 16F3 Item summary- Recommendation to approve a sole- source contract with eCivis far a multi-year subscription to eCivis Grant$ Locator in the amount of $t ol.317. Meeting Date: 12)13!2005 9:00100 AM Approved By Lyn Wood Purchasing Agent Data Administrative Ssmices Purchasing 11126120454:06 PM Approved By Stove Camell PurchasingiGaneral Svcs Director Date Administrative Services Purchasing 1172912005 3:46 PM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 11129120093:54 PM Approved By OMB Coordinator Administrative Assistant Data County Managers Office Office of Management 6 Budget 11/2912005 4:33 PM Approved By Michael SmykawsM Managemord b Budget Director Date County Manager's office Office of Management i Budget 1113012045 2:45 PM Approved By 3amvs V. Mudd County Manager Date Board of County County Managers Office 11130 12005 5:56 PM Commissioners eCIVIS GRANTS LOCATOR SUBSCRIPTION AGREEMENT Between eCivis, Inc., a Delaware corporation ( "eCivis ") Address: 150 E. Colorado Boulevard, Suite 215 Pasadena, CA 91105 Phone: (877) 232 -4847 Sales Contact: Carl Stough Agenda Item No. 16F3 December 13, 2005 Page 4 of 11 Date 12/13/2005 Contract No. 10729 Customer Name, type of entity, and jurisdiction: Collier County, FL Address: Collier County 3301 Tamiami Trail Naples, FL 34112 Phone: (239)774 -8999 Principal Contact and Master Access Holder: Fred W. Coyle, Chairman, Board of County Commissioners This Agreement provides for eCivis to grant access to your Access Holders, on a password- restricted basis, through the Internet, the following products for the following fees ( "Fees "): ✓ Grants Locator software and database: Federal, Florida & Foundation Version • Grants Locator for Unlimited Access Holders for 3 years (Includes Community Based Option) • Term: Date of Signing to December 31, 2008 (the "Termination Date ") • Year 1: Payment - $33,750 due December 31, 2005 • Year 2: Payment- $34,762 due December 31, 2006 • Year 3: Payment - $35,805 due December 31, 2007 • Toll Free Customer support (877 -2 eCivis) and web -based Grants Locator training included ✓ 10 "Improving Your Grant Skills Series" Courses Agreement is Valid if siEned and received by eCivis, Inc., before Close of Business, December 20, 2005. This Agreement, including the Terms and Conditions is the complete and exclusive statement of the agreement between the parties. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. eCivis, Inc. By :..r'.� Karl T. Rectanus Vice President eCivis, Inc. ATTEST: Dwight E. Brock, Clerk BY: Approved As To Form and Legal Sufficiency: Assistant County Attorney Collier County 0 Fred W. Coyle Print Name Chairman Print Title Date Agenda Item No. 16F3 TERMS AND CONDITIONS December 13, 2005 Page 5 of 11 1. General. "You" means the single end -user organization executing this Agreement. "Access Holder" means each individual that is an employee of your organization that uses Grants Locator. If the Community Based Organization and/or Library option is purchased, then an "Access Holder" also includes an approved employee of the selected group. "Grants Locator" means the most current version of the online grants database libraries. eCivis reserves the right to discontinue Grants Locator at any time by giving written notice to you. 2. License. eCivis grants you, subject to this Agreement, a nonexclusive, nontransferable right and license. 1. To permit each allowed Access Holder to access Grants Locator through the Internet. 2. To create printouts, download and store in electronic form, and re- purpose Grants Locator for internal use in connection with your normal business activities. You may not engage in such activity if it is for commercial sale, redistribution, broadcast or transfer of such materials. You agree not to rent, lease, sublicense, distribute, or transfer any information to entities or people outside your organization. You agree to take all reasonable steps to protect Grants Locator from unauthorized access, copying, or use. If people or entities outside your organization use your usernames to access Grants Locator, eCivis reserves the right to terminate this contract. 3. Passwords. You agree to assume sole responsibility for the security of your passwords. 4. Help Desk. eCivis maintains a help desk from 9 AM to 5 PM Pacific Time capable of providing technical assistance for Grants Locator. eCivis does not hold itself out as a professional expert and advisor regarding your computer or information needs. 5. Your Responsibilities. You are responsible for determining whether the Grants Locator will achieve the results you desire; You are responsible for adopting reasonable measures to limit your exposure with respect to potential losses and damages arising from use, nonuse, interruption, delay, errors, or omissions in Grants Locator. To the extent permitted by Florida Law, You agree to indemnify and hold eCivis, its managers, members, officers, employees, harmless from and against any loss, claims, demands, expenses, or liability of whatever nature or kind of you or any third parties arising out of your use of Grants Locator. 6. Term. The initial term of this Agreement shall commence on the date set forth above and ends on the Termination Date. 7. Fees. eCivis will charge, and you agree to pay, the Fees. Full payment shall be made to eCivis in compliance with Section 218.70 Fla. Stats., otherwise known as the "Florida Prompt Payment Act." Cancellation of any subscription will not result in any refund or credit of fees already paid and any additional payments remain due according to pre- determined terms. Subscription fees are charged up -front and no refunds or credits will be given upon cancellation. Additional fees may apply if you decide to re- subscribe at a later date. S. Changes. eCivis reserves the right to change its fees and any other terms and conditions, at any time, effective upon publication. These changes will NOT affect any existing contract Term. 9. Proprietary Protection. eCivis is the sole owner of Grants Locator and any associated intellectual property rights. eCivis claims U.S. and foreign copyright ownership with respect to Grants Locator. You agree not to remove any copyright notices from printouts of Grants Locator. 10. Indemnification. If a third party claims that Grants Locator or your use of Grants Locator pursuant to this Agreement infringes any U.S. patent, copyright, or trade secret, eCivis will defend you and all Access Holders Agenda Item No. 161=3 against such claim at eCivis' expense and pay all damages that a court finally awards, providedam notify eCivis in writing of the claim, and allow eCivis to control, and cooperate with eCivis in, the MeZgor anyl related settlement negotiations. If such a claim is made or appears possible, eCivis may, at its option, secure for you the right to continue to use the Product, modify or replace the Product with equivalent information so they are noninfringing, or, if neither of the foregoing options is available in eCivis' sole judgment, terminate this Agreement by paying you a credit equal to the portion of previously paid fees and charges allocable to the remaining term of this Agreement. THIS PARAGRAPH STATES eCIVIS' ENTIRE OBLIGATION WITH RESPECT TO ANY CLAIM OF INFRINGEMENT. 11. Limitations. eCivis shall employ due care and attention in obtaining and maintaining Grants Locator. However, you acknowledge that any collection and compilation of data entails the likelihood of some human and machine errors, omissions, delays, interruptions, and losses, including inadvertent loss of data or damage to media, which may give rise to loss or damage. Accordingly, you agree that the Grants Locator is provided "as is "; eCivis makes no representation or warranty with respect to their accuracy, completeness, and eCivis specifically disclaims any other warranty, express, implied, or statutory, including, any warranty of merchantability or fitness for a particular purpose. eCivis shall not be liable because of any such errors, omissions, delays, or losses, including data losses and corruption, unless caused by eCivis' gross negligence or willful misconduct. You further agree that in no event will the total aggregate liability of eCivis for any claims, losses, or damages arising under this agreement and services performed hereunder, whether in contract or tort, including negligence, exceed the total amount paid by you to eCivis during the preceding twelve -month period, even if eCivis has been advised of the possibility of such potential claim, loss, or damage. You acknowledge that eCivis is not a consulting firm or a grant - writing firm. You agree always to read the full original grant notice provided. You acknowledge that eCivis does not warrant that use of the Grants Locator will result in any grant acquisition. You acknowledge that Grants Locator may not include all potential data. Specifically, eCivis makes no warranty that Grants Locator has all grants that the federal or a state government may have available. 12. Default. Should you fail to pay Fees due hereunder or fail to carry out any other obligation under this Agreement or any other agreement with eCivis, eCivis may, at its option, in addition to other available remedies, terminate this Agreement provided that it first gives you fifteen (15) days' prior notice to permit you to cure your default. eCivis reserves the right, with or without notice, to suspend access to or use of any Product in the event of any delinquency or default. eCivis may elect, in eCivis' sole discretion, after delinquency, to terminate all personal information and settings associated with an Access Holder. Such information and settings will be unrecoverable after such tennination. 13. Force Majeure. eCivis shall not be liable or be deemed to be in default for any delay or failure in perfonnance or interruption resulting directly or indirectly from any cause or circumstance beyond the reasonable control of eCivis; equipment, or telecommunications failure; labor dispute; or failure of any third party to perform any agreement with eCivis that adversely affects eCivis' ability to perfonn its obligations hereunder. 14. Governing Law. Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Florida as it applies to a contract made and performed in such state. 15. "Most Favored Client ". Consultant agrees to treat Client as a most - favored client and specifically agrees that all prices, terms, warranties and benefits granted to Client are, and will remain, comparable to or better than equivalent tenns having been offered, or to be offered to any other prospective client during the term of this Agreement. 16. Subject to Appropriation. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. * * * * * * ** End of Terms and Conditions * * * * * * ** Agenda Item No. 16F3 December 13, 2005 >' 1 page 7 of 11 eCivis Statement of Sole Source Introduction: This statement represents eCivis' understanding of any online competitive products similar to Grants Locator that currently exist. There is no other product that is similar in scope and robustness to Grants Locator for Federal grants, State of California grants, State of Florida grants, State of Illinois grants, State of Texas grants, State of Virginia grants, or State of Ohio grants. Sales to Cities and Counties: eCivis has sold Grants Locator to over 400 cities and counties including the City of Chicago, City of Los Angeles, City of Oakland, County of Fulton, and County of Hamilton, and none of those entities has found an online competitor to Grants Locator. Many of these entities have bid requirements that require sole- source status in order not to have an open bid. eCivis continually monitors the competitive landscape for grants products and will continue to do so in the future. eCivis conducted an extensive review of competitors as part of its business plan process in September 2000. During that review, the only competitor identified was Grantseeker.com, which has since gone out of business. Product Specifications: The features of Grants Locator that eCivis uses as a comparison are the following: • Product is available online • Product is searchable • Product contains materially all current grants (at least 95 %) • Product is real time • Product contains original research • Product has management tools that allow review of sub user activity • Product contains a "priority system" for local governments. eCivis feels that there are more criteria that could be used to differentiate Grants Locator, such as examples of previously won grant applications, ability to personalize settings, its library of forms, etc, but will use the above seven points to establish itself as a sole source. Product Is Available Online: eCivis knows of only one company online that has attempted to build a database similar to Grants Locator. The company was called Grantseeker.com and existed until 2003. Grantseeker.com only had about 60 -100 grant programs, and we were told they went out of business by a consultant that worked for them. There are likely many newsletter products that have some of the grants that are in Grants Locator, but these products are If you have questions about this statement, please feel free to call Omie Ismail at (877) 232 -4847, x621. Agenda Item No. 16F3 December 13, 2005 >" Page 8 of 11 CCIVIS not comparable to Grants Locator. Currently, there is no grants database product that is available online similar to Grants Locator. Product Is Searchable: Part of the value of Grants Locator is that it is searchable by many fields. One of the major deficiencies of the free Federal Register is that it is not searchable. Grants Locator is searchable by department, keyword, category, funding amount, due date, etc. eCivis knows of several very low cost products ( <$100) that are searchable, but these products are merely repackaging efforts of the free Catalogue for Domestic Federal Assistance. In addition to being fully searchable, Grants Locator also has search agent functionality that allows users to save up to 20 of their favorite searches. This feature further enhances the value of the search functionality and gives users faster access to grant opportunities. eCivis knows of no product that is searchable and contains original research. In addition, eCivis knows of no product similar to Grants Locator that has search agent functionality. Product Contains Materially All Current Grants: While there are likely to be many newsletters or even web pages that focus on a select number of grants, eCivis knows of no comprehensive database that contains at least 95% of all current grants available at the Federal level or State level. eCivis believes it has materially all current competitive federal grants, State of California grants, State of Florida grants, State of Illinois grants, State of Texas grants, State of Virginia grants, and State of Ohio grants. In addition, eCivis includes information about grants that are not currently competitive or not in the current funding cycle. There may be many consultants that can provide information on certain grants, but eCivis knows of no consultant or lobbyist that provides information on materially all federal (or state grants). eCivis' own parent company with over 80 local government clients had one of the best grant alert services (the basis for Grants Locator), but this service encompassed less than 30% of the total grants that are in Grants Locator. Product is Real Time: eCivis makes changes to its federal and state products on a daily basis. New federal grants are posted by 5PM EST each day. One of the two major drawbacks of the Catalogue for Federal Domestic Assistance is that it is only updated twice per year and is therefore not able to provide timely updates to users. eCivis knows of no product in the market that is updated in a real time fashion that is also searchable. Product Contains Original Research: Each Grants Locator grant is analyzed by an analyst at eCivis and put into a standardized format. This analysis includes contacting program officers to gain more insight and information into the grant. While this information may be obtainable from consultants or lobbyists, the information is not online in a searchable database. eCivis knows of no If you have questions about this statement, please feel free to call Omie Ismail at (877) 232 -4847, x621. Agenda Item No. 16F3 December 13, 2005 AI Page 9 of 11 �. e .i- viS other online database product that includes original research that incorporates information from program officers. Product has Management Tools: Grants Locator was designed to meet the needs of local governments. Grants Locator is built to ensure that employees are utilizing it correctly and frequently. eCivis has enabled this review by creating Master Accounts that allow management users to review the activity, type of grants, and personal notes of individual accounts. eCivis knows of no other system that allows one or several accounts holders to view the activity, grants, or personal notes of other users within the same organization. Product has a "Priority System" for Local Governments: eCivis has developed a priority system for grant opportunities that is based on the needs of local governments. This priority system allows eCivis to provide clients with fast information on the most crucial grant opportunities, often before the grant is released to the public. The priority system was also designed to help local governments refine their grant search process. All users can utilize the advanced search feature to search based on priority. eCivis knows of no other system that has a priority system based on the needs of local governments. Furthermore, eCivis knows of no other product that allows users to refine their search based on grant priority. This statement is updated as of March 1, 2005. eCivis will modify this statement when it becomes aware of any competitive product that meets the seven criteria listed above. If you have questions about this statement, please feel free to call Omie Ismail at (877) 232 -4847, x621. Agenda Item No. 16F3 December 13, 2005 Comparison of Grant Research Subscriptions Page 10 of 11 Company InfoEd Ipput eCivis Product SPIN State & Local Grant Grants Locator Opportunities Database initial training, Included in cost customer support product, training, customer benchmarking report, support, analyst support project -based research, customer service Types of grantors listed Federal, Foundation Federal Federal, State of Florida, Foundation research institutions, Target clients foundations (local local and state governments local government government is secondary) Online subscription yes yes yes Offers examples of successful past applications no yes yes Offers pre -award announcments no yes yes Updates grant programs as necessary yes yes yes Downloadable applications no yes yes Auto emails when bookmarked program is updated no yes yes Customizable searches yes yes yes Auto emails based on keywords yes no yes Organization of info and ease of understanding good very good excellent Allows unlimited users within client organization yes unsure yes Assigns account administrator within client organization to administer yes unsure yes subscribers' activity as OJ 61u4 11/29/2005 11/29/2905 18:55 FAX 202 331 1598 THE FERGUSON GROUPLL' Suite 300 q.:� %'. November 29, 2005 Mr. James Mudd County Manager Collier County Building F, 2ad Floor 3301 East Tamiami Trail Naples, FL 34112 Dear Jim: THE FERGUSON GROUP 11002/002 Agenda Item No. 16173 December 13, 2005 Page 11 of 11 I appreciate our conversation over your purchase of Grants Locator yesterday. Per our discussion, I wanted to sand you a memo sun wu riAn what we agreed to. Provided that Collier County enters into a 3 year agreement at the following prices: • Year 1: $33,750 • Year 2: $34,762 • Year 3: $35,805 The Ferguson Group will give you a credit equal to the following: • Year 1: $4,050 • Year 2: $5,214 • Year 3: $5,371 The Ferguson Group will credit the amount within 60 days following receipt of your payment fivm ocivis. I appreciate your business and look forward to having both TFG and eCivis have a very strong impact on bringing additional funding to the county. Sincerely, William Ferguson, Jr. Chief Executive Officer www. fergu songroup. us Agenda Item No. 16174 December 13, 2005 Page 1 of 9 Recommendation to approve Modification #2 to Grant Agreement #05DS- 2N- 09 -21 -01 -022 between Collier County and the Florida Department of Community Affairs OBJECTIVE: Board of County Commissioners approval of Modification 92 to the Homeland Security Grant, Agreement #05DS- 2N- 09 -21 -01 -022, extending the expiration date and amending the scope of work and reporting requirements. 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 and 2005 hurricane seasons, most Florida counties (including Collier) are experiencing difficulties in completing their grant projects within the Agreement's time frame. Modification #1 extended the termination date from September 30, 2005 to November 30, 2005. Modification #2 extends the Grant term to March 30, 2006 and amends the scope of work and reporting requirements. Modification #2 has been reviewed and approved for form and legal sufficiency by Assistant County Attorney Robert Zachary. 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 #2 to Grant Agreement 05DS- 2N- 09 -21 -01 -022 extending the Agreement's termination date and amending the scope of work and reporting requirements. PREPARED BY: Darcy Waldron, Sr. Administrative Assistant Department of Emergency Management "I -, Agenda Item No. 16F4 December 13. 2005 Page 2 of 9 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. 16F4 Item Summary: Recommendation to approve Modification #2 to Grant Agreement #05OS- ZN•08.21.022 between Collier County and the Flonda Department of Community Affairs. Meeting Date: 12113i2005 9:00,00 AM Prepared By Darcy Waldron Senior Administrative, Assistant Date County Manager's Office Emergency Management 111291200511:07:21 AM Approved By Darcy Waldron Senior Administrative Assistant Date County Manager's Office Emergency Managsment 11I2gr200511:04 AM Approved By Marione J- Foord Grants Coordinator Dab Admmistrob"Services Administrative Services Admin, 11128120053:25 PM Approved By Dan E. summers Bureau of Emergency Services Director Data County Manager's Office Bureau of Emergency Services 11!2912005 3:54 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Olfwe Office of Management & Budget 1128(2805 4:34 PM Approved By Michael Smykow.ski Management & Budget Director Data County Managers Office Office of Management & Budget 11128120054:51 PM Approved By James V, Mudd County Manager Dab Board of County County M,magars Office 11/30/2005 2 :13 AM Commissioners Agenda Item No. 16174 December 13, 2005 Page 3 of 9 Contract Number. 05DS- 2N- 09- 21 -01 -022 Attachment A, Scope of Work, III. Reporting Requirements to this Modification, wtiich CFDA Number. 97.004 MODIFICATION #2 TO GRANT AGREEMENT revised reporting This Modification is made and entered into by and between the State of orida, Department of Community Affairs, ( "the Department"), and Collier County ( "the Recipient @) to minstate and to modify the Department's Contract Number 05DS- 2N- 09- 21- 01 -022, dated J my 27, 2004 ( "the agreement "). nts thereto in conflict 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 expired on November 30, 2005; and as of the dates set out WHEREAS, the Department and the Recipient desire to reinstate the Ag ment and to modify the Agreement by extending it and by amending the Scope of Work. BOARD OF COUNTY NOW, THEREFORE, in consideration of the mutual promises of the parti s contained herein, the parties agree as follows: 1. The Agreement is hereby reinstated as though it had not expired By: NAME & TITLE: VRf 2. Paragraph 3, Period of Agreement, is hereby amended to have a i expiration date for the Agreement of March 31, 2006. Final requests for reimbursement should be subrr itted no later than thirty (30) days after the termination date of the contract. Any requests received after April 30, 2006, may, in the discretion of the Department, not be reimbursed from this Agreement. Assistant County Attorney 3. The Scope of Work, Attachment A to this Agreement, is hereby ary iended, and the Revised Attachment A, Scope of Work, III. Reporting Requirements to this Modification, wtiich is attached hereto and incorporated herein by reference, is added. This Scope of Work contains the revised reporting periods and requirements. 4. All provisions not in conflict with this Modification remain in full fo a and effect, and are to be performed at the level specified in the Agreement 5. All provisions of the Agreement being modified and any attachmf nts thereto in conflict with this Modification shall be and are hereby changed to conform with this Modiftation, effective as of the date of the last execution of this Modification by both parties. IN WITNESS WHEREOF, the parties hereto have executed this documeilt as of the dates set out herein. RECIPIENT: COLLIER COUNIY BOARD OF COUNTY COMMISSIONERS ATTEST: Dwight E. Brock, Clerk BY: By: NAME & TITLE: VRf Dj� Chairman Deputy Clerk DATE: Ap ve as orm an a Su iency Assistant County Attorney STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS BY: t NAME & TITLE: W. Craig Fugate, Director of the Division of Emengency lanagemen DATE: Agenda Item No. 16F4 December 13, 2005 Page 4 of 9 Revised Scope of Work Funding is provided to perform eligible activities as identified in the Office for Domestic Preparedness (ODP) Fiscal Year 2004/2005 State Homeland Security Grant Program (SHSGP), consistent with the Department of Homeland Security State Homeland Strategy. Eligible activities are outlined in the Scope of Work for each category below. I. Categories 7. EMERGENCY OPERATIONS CENTER (EOC) ENHANCEMENTS 1. Eligible Activities a. Projects to be accomplished with funds provided during the contract period may include, but are not limited to the following: 1) EOC Assessment using the Homeland Security Comprehensive Assessment Model (HLS CAM) 2) Assess the EOC for Security and Operational deficiencies 3) This assessment is to be performed by trained representatives from the Regional Domestic Security Task Force (RDSTF) b. Purchase Equipment based on the EOC Assessment 1) For a detailed list of ODP approved physical security equipment, visit hftp://floridadisaster.org/DEMprograms.htm 2) Allowable equipment purchase include, but are not limited to, the following: a) Call Notification Systems b) EOC Software c) Physical Security Equipment d) Video Conferencing Capabilities compatible with the Homeland Security system e) Video Downlink Receivers 3) Items purchased must be consistent with State guidance. 2. Report Proiect Items a. Completed EOC Assessment b. List of equipment purchased including the cost of each item 3. EOC Enhancements Programmatic Point of Contact Specific programmatic questions pertaining to the EOC Enhancements portion of this contract should be addressed to: Chuck Hagan 850 - 410 -1263 Charles. haganCa.dca.state.fl.us 6. LOCAL PLANNING 1. Eligible Activities Agenda Item No. 16F4 December 13, 2005 Page 5 of 9 Projects to be accomplished with funds provided during the contract period may include, but are not limited to the following: a. Continuity of Operations (COOP) Planning Expand the Scope of an existing COOP utilizing the County COOP crosswalk (this document is available for download at http:// floridadisaster .org /DEMprograms.htm), for example: 1) Information Technology, Agencies /Jurisdictions Identified within local CEMP 2) Integration of Plans a) National Response Plan (NRP) b) National Incident Management Plan (NIMS) *The adoption of NIMS is required by September 30, 2005, per the most current Department of Homeland Security Guidance. 3) Protocols, Procedures to Implement COOP If the County elects to provide funding from this agreement to other jurisdictions, the County is responsible for reviewing and approving these jurisdictions' COOP(s) using the criteria in the County COOP crosswalk. b. Terrorism Incident Response Annex Expand the Scope of existing County Terrorism Incident Response Annexes using the criteria in the Terrorism Annex crosswalk (this document is available for download at httr): // floridadisaster .org /DEMprograms.htm), for example: 1) National Incident Management System (NIMS) *The adoption of NIMS is required by September 30, 2005, per the most current Department of Homeland Security Guidance. 2) National Response Plan (NRP) 3) Integration of Documents (Local Standard Operating Procedures and /or Standard Operating Guidelines integrated, updated) c. Integration of Local Plans and Standard Operating Guidelines to Support Regional Planning 1) Integrate local domestic security capabilities and enhancements into the Regional Domestic Security Task Force ( RDSTF) Planning Process and Mutual Aid 2) Consistent with RDSTF Template d. County Comprehensive Emergency Management Plan (CEMP) Enhance County CEMP to reflect the following, while utilizing the CEMP crosswalk (this document is available for download at hftp: // floridadisaster .org /DEMprograms.htm): 1) Homeland Security Assumptions and Updates (NIMS, NRP, State CEMP) 2) Integration with Municipal, Regional and State Domestic Security Procedures 3) Reflect the Enhancement of Local /Regional Capabilities (Equipment, Training, Domestic Security Teams, and Exercises) Agenda Item No. 16174 December 13, 2005 Page 6 of 9 e. Conduct Vulnerability Assessments 1) Utilizing the Homeland Security Comprehensive Assessment Model (HLS CAM), identify critical infrastructure protection projects 2) Identify Capabilities /Shortfalls /Capacity in coordination with the RDSTF f. Additional Eligible Costs 1) Hiring of full or part-time staff or contractors /consultants to assist with any of the above activities (not for the purpose of hiring public safety personnel) 2) Conferences to facilitate activities listed above 3) Materials required to conduct activities listed above 4) Travel /per diem related to above activities 2. Report Proiect Items Draft plans must be submitted no later than one month prior to the contract's end date for the Division of Emergency Management's review and approval (a draft is not necessary for vulnerability assessments). For the CEMP, COOP plans and Terrorism Annexes, a completed crosswalk must be submitted with drafts and final documents. a. Continuity of Operations (COOP) Planning 1) Copy of sub - contract, if applicable 2) If the County has contracted with a Municipality, provide a copy of an approval letter for the Municipality COOP plan(s) 3) Final Continuity of Operations Plan submitted with completed crosswalk b. Terrorism Incident Response Annex Final Terrorism Incident Response Annex submitted with a completed crosswalk c. County Comprehensive Emergency Management Plan (CEMP) 1) Submit a completed crosswalk 2) Provide DEM with the CEMP's updated sections d. Vulnerability Assessments 1) List of completed assessment 2) Copy of vulnerability report 3. Planning Programmatic Point of Contact Specific programmatic questions pertaining to the Planning portion of this contract should be addressed to: Farrah Gosford 850 - 413 -9896 farrah.gosford(a-dca. state. fl. us Agenda Item No. 16174 December 13, 2005 57. LOCAL AND REGIONAL EXERCISES Page 7 of 9 1. Eligible Activities a. Exercises conducted with ODP grant funds must be managed and executed in accordance with ODP's Homeland Security Exercise and Evaluation Program ( HSEEP). These manuals are located online at http: / /www.oip .usdoi.gov /odp /docs /hseep.htm and at http:// floridadisaster .org /DEMprograms.htm. b. Projects to be accomplished with funds provided during the contract period may include, but are not limited to the following: 1) Types of Exercises a) Tabletop Exercises (Multi - Disciplinary) b) Functional Exercises (Multi - Disciplinary) c) Full Field Exercises (Multi - Disciplinary) $ Exercise Continuity of Operations (COOP) plan(s) $ Exercise the National Incident Management System (NIMS) plan $ Executive Level Exercises $ Exercise the Integrated Communication and Information Technology $ Exercise Terrorism Incident Response Annex 2) Additional Eligible Costs a) Implementation of the HSEEP b) Hiring of full or part-time staff or contractors /consultants to assist with any of the above activities (not for the purpose of hiring public safety personnel). c) Conferences to facilitate activities listed above d) Supplies /Materials required to conduct activities listed above e) Travel /per diem related to above activities f) Overtime /Backfill Costs g) Other Items — Rental of Space /Locations for exercise planning, exercise signs, badges, etc. 2. Report Proiect Items a. Provide a copy of the sub - contract, if applicable. b. Prior to the exercise, provide DEM with exercise plans. c. Completed Roster d. After Action Reports must be provided to DEM within 30 days following the completion of each exercise conducted. 3. Exercise Programmatic Point of Contact Specific programmatic questions pertaining to the Exercise portion of this contract should be addressed to: Connie Nunn 850 - 413 -9877 Connie. nunn(d-)dca.state.fl. us Agenda Item No. 16F4 December 13, 2005 Page 8 of 9 8. ALL DISCIPLINE TRAINING 1. Eligible Activities Training to be accomplished with funds provided during the contract period may include, but are not limited to the following: a. Disciplines Selected for Training 1) Law Enforcement 2) Fire /Rescue 3) Emergency Medical Services (EMS) 4) Emergency Management (EM) 5) Public Safety Communications (911) 6) Private Sector 7) Public Works (Note: Training for specialized teams and health/hospitals is being funded from other sources.) b. Types of Training All non -ODP training courses must receive prior approval through the State Administrative Agency (Division of Emergency Management) who will seek concurrence from the Department of Homeland Security. A complete listing of ODP approved courses is located online at http://www.oip.usdoi.gov/odp/docs/coursecataloq.r)df. For more information on training, visit hftp:// floridadisaster .org /DEMprograms.htm. 1) Positional and Advanced Incident Command System (ICS) 2) National Incident Management System (NIMS) 3) Field Operations Guide (FOG) 4) Train - the - Trainer 5) Mutual Aid/Deployment 6) All ODP or other Federally Approved Courses 7) Protect Critical Infrastructure Initiative (PCII) 8) Regional Domestic Security Task Force (RDSTF) Response Procedures 9) Homeland Security Community Assessment Model (HLS CAM) 10) Homeland Security Exercise and Evaluation Program (HSEEP) 11) Continuity of Operations (COOP) c. Additional Eligible Training Costs 1) Travel /Per Diem 2) Training Materials /Supplies 3) instructor Fees 4) Rental of Space /Locations 5) Overtime /Backfill 2. Report Project Items a. Copy of Agenda b. Provide the number of students trained, per component; the course name and level c. Course curriculum, if course is not a federally approved course -- 3. Training Programmatic Point of Contact Specific programmatic questions pertaining to the Training portion of this contract should be addressed to: Agenda Item No. 16F4 December 13, 2005 Rupert Dennis page 9 of 9 850 - 413 -0260 Rupert.dennisCaD-dca.state.fl.us 11. Unauthorized Expenditures Unauthorized program expenditures are applicable to each selected activity ( -ies) and include: A. Expenditures for items such as general -use software (word processing, spreadsheet, graphics, etc.) B. General -use computers and related equipment C. General -use vehicles D. Licensing fees E. Weapons systems and ammunition F. Activities unrelated to the completion and implementation of the State Homeland Security Program (SHSP) G. Construction or renovation of facilities H. Recurring Costs 111. Reporting Requirements Reporting requirements are applicable to each selected activity ( -ies) A. Programmatic Reporting: The Financial History Report/Status Report must be filed on a monthly basis and is due within 15 days after the end of the reporting period for the life of this contract. These reports must be filed whether or not a reimbursement is requested. If a report(s) is delinquent, future financial reimbursements will be withheld until the reporting is current. THESE MONTHLY REPORTS MUST INCLUDE: 1. Detailed explanation of activities completed and progress made on project 2. Currently anticipated contract completion date 3. Detailed accounting of funds expended and encumbered during reporting time period, even if reimbursement is not currently being claimed 4. Details on any known or anticipated delays in project's progress The Close -out Report is due to FDEM no later than 60 days after the contract is either completed or expired. 1. Reportino Schedule Reporting Period Report due to DEM no later than Monthly 15 days beyond the month due 2. Financial History Report/Status Report may be mailed to: Dianne Smith, Contract Manager Department of Community Affairs Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 B. Report Project Items — As applicable to selected activity ( -ies) Agenda Item No. 16F5 December 13, 2005 Page 1 of 9 EXECUTIVE SUMMARY Recommendation to approve a Resolution approving and adopting the National Response Plan, and approving and mandating that Collier County shall use the National Incident Management System for all incident management in Collier County OBJECTIVE: To provide for consistent and coordinated management planning and response to natural or man made disaster incidents by the adoption of the National Response Plan and the National Incident Management Plan for use by the County's public safety and emergency response agencies. Adoption of the National Incident Management Plan also ensures the County's continuing ability to obtain federal grant funding for emergency management and first responder initiatives. CONSIDERATIONS: President George W. Bush's Homeland Security Directive/HSDP /5 directed the Secretary of the Department of Homeland Security to develop and administer a National Incident Management Systems (NIMS) as a part of the National Response Plan (NRP). NIMS provides a consistent, nationwide approach for federal, state, local and tribal governments in the prevention, preparation for, response to and recovery from domestic disaster incidents. By standardizing terminology, organizational structures, personnel qualifications, planning, training and exercises, and resource management, NIMS provides for effective and efficient coordination of efforts by public safety and emergency response agencies. FISCAL IMPACT: There is no immediate Fiscal Impact resulting from approval of the Resolution. However, failure to adopt NIMS and the NRP will affect the County's ability to obtain federal and /or state funds for emergency management or first responder enhancement and initiatives. Per HSPD /5, "Federal departments and agencies shall make adoption of the NIMS a requirement, to the extent permitted by law, for providing Federal preparedness assistance through grants." GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approve and adopt by Resolution the National Response Plan and National Incident Management System for use by Collier County. Prepared By: Darcy Waldron, Senior Administrative Assistant Department of Emergency Management Agenda Item No, 16F5 December 13, 2005 Page 2 Df 9 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. 16F5 Item summary: Recommendation to approve a Resolution approving and adopting the National Response Plan, and approving and mandating that Collier County shall use the National Incident Management System for all incident management In Collier County, Meeting Date: 12/13,r2005 9:00:00 AM Approved By Darcy Waldron Senior Administrative Assistant Data County Manager's office Emergency Management 1112972005 5:50 PM Approved By Dan E. Summers Bureau of Emergency Services Director Daft County Manager's Office Bureau of Emergency Services 1112912005 3:53 PM Approved By OMB Coordinator Administrative Assistant Dale County Managers Office Office of Management & Budget 11!29124054:36 PM Approved By Michaef Smykowsld Management & Budget Director Data County Manager's Office Office of Management & Budget 11/2912406 4:49 PM Approved By Lee E. Ochs, Jr. Deputy County Manager Date Board of County County Managers office 11/3012005 2:09 PM Commissioners Agenda Item No. 16175 December 13, 2005 Page 3 of 9 RESOLUTION NO. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA APPROVING AND ADOPTING THE NATIONAL RESPONSE P AN, AND APPROVING AND MANDATING THAT COLLIER COUNTY SHALL USE THE ATIONAL INCIDENT MANAGEMENT SYSTEM AS COLLIER COUNTY'S BASIS FOR ALL INCID NT MANAGEMENT IN COLLIER COUNTY, AS SPECIFIED IN PRESIDENT GEORGE W. BUSH'S 90MELAND SECURITY PRESIDENTIAL DIRECTIVEIHSDP -5, DATED FEBRUARY 28, 2003 WHEREAS, in the context of INF Requirement Section 201.6(c)(5), the Board of Coun�y Commissioners of Collier County, Florida is the applicable authorized "Local Government Body "; and WHEREAS, In President George W. Bush's Homeland Security Directive (HSPD) -5, le directed the Secretary of the Department of Homeland Security to develop and administer a National Incident M inagement System (NIMS), to provide a consistent nationwide approach for federal, state, local and tribal governments to work together more effectively and efficiently to prevent, prepare for, respond to, and recover from domestic incidents, regardless of cause, size or complexity; and WHEREAS, the collective input and guidance from all federal, state, local and tribal, homeland security partners have been, and will continue to be, vital to the development, effective implementation and utilization of a comprehensive NIMS; and WHEREAS, it is necessary that all federal, state, local and tribal emergency manage�ent agencies and personnel coordinate their efforts to effectively and efficiently provide the highest levels of inciderit management; and WHEREAS, to facilitate the most efficient and effective incident management it is cri ical that federal, state, local and tribal organizations utilize standardized terminology, standardized organizational s ructures, uniform personnel qualification standards, uniform standards for planning, training, and exercisinj comprehensive resource management, and designated incident facilities during emergencies or disasters; and WHEREAS, the NIMS standardized procedures for managing personnel, communicat ns, facilities and resources has improved, and shall continue to facilitate, the Collier County's ability to utilize era, and state funding, to enhance local and state agency readiness, maintain first responder safety, and streamline incident management processes; and WHEREAS, the Incident Command System components of NIMS are and shall contil ue to be an integral part of various incident management activities throughout Collier County, including all pdblic safety and emergency response organizations training programs; and WHEREAS, the National Commission of Terrorist Attacks (9 -11 Commission) has om nended adoption of a Standardized Incident Command System, and that the Secretary of Homeland Securi develop and administer a National Response Plan (NRP), which Plan, using the NIMS, shall with regard to response to domestic incidents, provide the structure and mechanisms for national level policy and operational direction for Federal support to State and local incident managers and for exercising direct Federal authorities and responses, as appropriate. NOW, THEREFORE, the Board of County Commissioners of Collier County: Florida hereby: 1. Approves and adopts a continuing policy that the National Incident M' nagement System shall be utilized by Collier County for all incident management in Collier County in the con xt of President George W. Bush's Homeland Security Directive (HSPD) -5, dated February 28, 2003, a copy of which (consisting of five pages) is attached hereto and is incorporated herein; and 2. This policy shall continue until such time, if any, that this policy is amend or terminated by future Resolution(s) of the Board of County Commissioners; and 3. This Resolution shall become effective upon adoption. Agenda Item No. 16F5 December 13, 2005 Page 4 of 9 ADOPTED this day of , 2005 after motion, second; and majority vote favoring adoption. ATTEST: DWIGHT E. BROCK, Clerk By: Deputy Clerk Approved as to form and legal sufficiency: IOV1r� Thomas C. Palmer, Assistant County Attorney BOARD OF COUNTY COMMISSIONERI OF COLLIER COUNTY, FLORIDA Bv: r FRED W. COYLE, Chairman Homeland Security Presidential Directive/HSPD -5 Mee President George W. Bush Homeland Security Presidential Directive /HSPD -5 Subject: Management of Domestic Incidents Agenda item No mp of 5 December 13, 2005 Page 5 of 9 For Immediate Release Office of the Press Secretary February 28, 2003 Purpose i. (1) To enhance the ability of the United States to manage domestic incidents by establishing single, comprehensive national incident management system. 1 I Definitions (2) In this directive: (a) the term "Secretary" means the Secretary of Homeland Security. (b) the term "Federal departments and agencies" means those executive departments enumerated in 5 U.S.C. 101, together with the Department of Homeland Security; independent establishments as defined by 5 U.S.C. 104(1); government corporations as defined by 5 U.S.C. 103(1); and the United States Postal Service. (c) the terms "State," "local," and the "United States" when it is used in a geographical sense, have the same meanings as used it the Homeland Security Act of 2002, Public Law 107 -296. Policy (3) To prevent, prepare for, respond to, and recover from terrorist attacks, major disasters, and other emergencies, the United States Government shall establish a single, compre - hensive approach to domestic incident management. The objective of the United States Government is to ensure that all levels of government across the Nation have the capability to work efficiently and effectively together, using a national approach to domestic incident management. In these efforts, with regard to domestic incidents, the United States Government treats crisis management and consequence management as a single, integrated function, rather than as two separate functions. (4) The Secretary of Homeland Security is the principal Federal official for domestic incident management. Pursuant to the Homeland Security Act of 2002, the Secretary is responsible for coordinating Federal operaticitts within the United States to prepare for, respond to, and recover from terrorist attacks, major disasters, and other emerge cies. The Secretary shall coordinate the Federal Government's resources utilized in response to or recovery from terrorist attacks, major disasters, I; or other emergencies if and when any one of the following four conditions applies: (1) a Fede�fal department or agency acting under its own authority has requested the assistance of the Secretary; (2) the resources of State and local authorities are overwhelmed and Federal assistance has been requested by the appropriate State and local authorities; (3) more than one Federal department or agency has become substantially involved in responding to the incident; or (4) the Secretary has been directed to assume responsibility for managing the domestic incident by the President. (5) Nothing in this directive alters, or impedes the ability to carry out, the authorities of Federal departments and agencies to perform their responsibilities under law. All Federal departments and agencies shall cooperate with the Secretary in the Secretary's domestic incident management role. (6) The Federal Government recognizes the roles and responsibilities of State and local authorities in domestic incident management. Initial responsibility for managing domestic incidents generally falls on State and local authorities. The Federal Homeland Security Presidential Directive/HSPD -5 Agenda Item NoPSz of 5 December 13, 2005 Page 6 of 9 Ggyemment will assist State and local authorities when their resources are overwhelmed, or when Federal interests are involved. T `ecretary will coordinate with State and local governments to ensure adequate planning, equipment, training, and exercise a, Jes. The Secretary will also provide assistance to State and local governments to develop all- hazards plans and capabilities, including those of greatest importance to the security of the United States, and will ensure that State, local, and Federal plans are compatible. (7) The Federal Government recognizes the role that the private and nongovernmental sectors play in preventing, preparing for, responding to, and recovering from terrorist attacks, major disasters, and other emergencies. The Secretary will coordinate with the private and nongovernmental sectors to ensure adequate planning, equipment, training, and exercise activities and to promote partnerships to address incident management capabilities. (8) The Attorney General has lead responsibility for criminal investigations of terrorist acts or terrorist threats by individuals or groups inside the United States, or directed at United States citizens or institutions abroad, where such acts are within the Federal criminal jurisdiction of the United States, as well as for related intelligence collection activities within the United States, subject to the National Security Act of 1947 and other applicable law, Executive Order 12333, and Attorney General- approved procedures pursuant to that Executive Order. Generally acting through the Federal Bureau of Investigation, the Attorney General, in cooperation with other Federal departments and agencies engaged in activities to protect our national security, shall also coordinate the activities of the other members of the law enforcement community to detect, prevent, preempt, and disrupt terrorist attacks against the United States. Following a terrorist threat or an actual incident that falls within the criminal jurisdiction of the United States, the full capabilities of the United States shall be dedicated, consistent with United States law and with activities of other Federal departments and agencies to protect our national security, to assisting the Attorney General to identify the perpetrators and bring them to justice. The Attorney General and the Secretary shall establish appropriate relationships and mechanisms for cooperation and coordination between their two departments. (9) Nothing in this directive impairs or otherwise affects the authority of the Secretary of Defense over the Department of Defense, including the chain of command for military forces from the President as Commander in Chief, to the Secretary of Defense, to the commander of military forces, or military command and control procedures. The Secretary of Defense shall provide military support to civil authorities for domestic incidents as directed by the President or when consistent with military readiness and ap'ropriate under the circumstances and the law. The Secretary of Defense shall retain command of military forces providing civil -irt. The Secretary of Defense and the Secretary shall establish appropriate relationships and mechanisms for cooperation L oordination between their two departments. (10) The Secretary of State has the responsibility, consistent with other United States Government activities to protect our national security, to coordinate international activities related to the prevention, preparation, response, and recovery from a domestic incident, and for the protection of United States citizens and United States interests overseas. The Secretary of State and the Secretary shall establish appropriate relationships and mechanisms for cooperation and coordination between their two departments. (11) The Assistant to the President for Homeland Security and the Assistant to the President for National Security Affairs shall be responsible for interagency policy coordination on domestic and international incident management, respectively, as directed by the President. The Assistant to the President for Homeland Security and the Assistant to the President for National Security Affairs shall work together to ensure that the United States domestic and international incident management efforts are seamlessly united. (12) The Secretary shall ensure that, as appropriate, information related to domestic incidents is gathered and provided to the public, the private sector, State and local authorities, Federal departments and agencies, and, generally through the Assistant to the President for Homeland Security, to the President. The Secretary shall provide standardized, quantitative reports to the Assistant to the President for Homeland Security on the readiness and preparedness of the Nation — at all levels of government — to prevent, prepare for, respond to, and recover from domestic incidents. (13) Nothing in this directive shall be construed to grant to any Assistant to the President any authority to issue orders to Federal departments and agencies, their officers, or their employees. Tasking (1�The heads of all Federal departments and agencies are directed to provide their full and prompt cooperation, resources, and F -)rt, as appropriate and consistent with their own responsibilities for protecting our national security, to the Secretary, the a. ley General, the Secretary of Defense, and the Secretary of State in the exercise of the individual leadership responsibilities Homelan d Security Presidential Directive/HSPD -5 Agenda Item NoP� N of 5 j December 13, 2005 Page 7 of 9 and missions assigned in paragraphs (4), (8), (9), and (10), respectively, above. (15) The Secretary shall develop, submit for review to the Homeland Security Council, and administer a National Incident Management System (NIMS). This system will provide a consistent nationwide approach for Federal, State, and local governments to work effectively and efficiently together to prepare for, respond to, and recovet from domestic incidents, regardless of cause, size, or complexity. To provide for interoperability and compatibility among Federal, State, and local capabilities, the NIMS will include a core set of concepts, principles, terminology, and technologies covering the incident command system; multi- agency coordination systems; unified command; training; identification and management of resources (including systems for classifying types of resources); qualifications and certification; and the collection, tracking, and reporting of incident information and incident resources. (16) The Secretary shall develop, submit for review to the Homeland Security Council, and administer a National Response Plan (NRP). The Secretary shall consult with appropriate Assistants to the President (including the Assistant to the President for Economic Policy) and the Director of the Office of Science and Technology Policy, and other $uch Federal officials as may be appropriate, in developing and implementing the NRP. This plan shall integrate Federal Gove ment domestic prevention, preparedness, response, and recovery plans into one all- discipline, all- hazards plan. The NR shall be unclassified. If certain operational aspects require classification, they shall be included in classified annexes to the P. (a) The NRP, using the NIMS, shall, with regard to response to domestic incidents, provide th# structure and mechanisms for national level policy and operational direction for Federal support to State and local incident nagers and for exercising direct Federal authorities and responsibilities, as appropriate. (b) The NRP will include protocols for operating under different threats or threat levels; incorp' ration of existing Federal emergency and incident management plans (with appropriate modifications and revisions) as ither integrated components of the NRP or as supporting operational plans; and additional opera -tional plans or annexes, as app opriate, including public affairs and intergovernmental communications. (c) The NRP will include a consistent approach to reporting incidents, providing assessments, and making recommendations to the President, the Secretary, and the Homeland Security Council. (d) The NRP will include rigorous requirements for continuous improvements from testing, exercising, experience with incidents, and new information and technologies. (17) The Secretary shall: (a) By April 1, 2003, (1) develop and publish an initial version of the NRP, in consultation with other Federal departments and agencies; and (2) provide the Assistant to the President for Homeland Security with a plan for II development.and implementation of the NRP. (b) By June 1, 2003, (1) in consultation with Federal departments and agencies and with Stat and local governments, develop a national system of standards, guidelines, and protocols to implement the NIMS; and (2) estab sh a mechanism for ensuring ongoing management and maintenance of the NIMS, including regular consultation with other Federal departments and agencies and with State and local governments. (c) By September 1, 2003, in consultation with Federal departments and agencies and the Assistant to the President for Homeland Security, review existing authorities and regulations and prepare recommendations for the President on revisions necessary to implement fully the NRP. (18) The heads of Federal departments and agencies shall adopt the NIMS within their departments and agencies and shall provide support and assistance to the Secretary in the development and maintenance of the NIMS. All Federal departments and agencies will use the NIMS in their domestic incident management and emergency prevention, preparedness, response, recovery, and mitigation activities, as well as those actions taken in support of State or local entities. The heads of Federal departments and agencies shall participate in the NRP, shall assist and support the Secretary in the development and maintenance of the NRP, and shall participate in and use domestic incident reporting systems and protocols established by the Secretary. (19) The head of each Federal department and agency shall: Homeland Security Presidential Directive/HSPD -5 Agenda Item NoPW54 of 5 December 13, 2005 Page 8 of 9 (a) By June 1, 2003, make initial revisions to existing plans in accordance with the initial version of the NRP. (t,, y August 1, 2003, submit a plan to adopt and implement the NIMS to the Secretary and the Assistant to the President for Homeland Security. The Assistant to the President for Homeland Security shall advise the President on whether such plans effectively implement the NIMS. (20) Beginning in Fiscal Year 2005, Federal departments and agencies shall make adoption of the NIMS a requirement, to the extent permitted by law, for providing Federal preparedness assistance through grants, contracts, or other activities. The Secretary shall develop standards and guidelines for determining whether a State or local entity has adopted the NIMS. Technical and Conforming Amendments to National Security Presidential Directive -1 (NSPD -1) (21) NSPD -1 ( "Organization of the National Security Council System ") is amended by replacing the fifth sentence of the third paragraph on the first page with the following: 'The Attorney General, the Secretary of Homeland Security, and the Director of the Office of Management and Budget shall be invited to attend meetings pertaining to their responsibilities. ". Technical and Conforming Amendments to National Security Presidential Directive -8 (NSPD -8) (22) NSPD -8 ( "National Director and Deputy National Security Advisor for Combating Terrorism ") is amended by striking "and the Office of Homeland Security," on page 4, and inserting "the Department of Homeland Security, and the Homeland Security Council' in lieu thereof. Technical and Conforming Amendments to Homeland Security Presidential Directive -2 (HSPD-2) (23) HSPD -2 ( "Combating Terrorism Through Immigration Policies ") is amended as follows: (a) striking "the Commissioner of the Immigration and Naturalization Service (INS)" in the second sentence of the second pa+ -graph in section 1, and inserting "the Secretary of Homeland Security" in lieu thereof ; (b, striking "the INS," in the third paragraph in section 1, and inserting "the Department of Homeland Security" in lieu thereof, (c) inserting ", the Secretary of Homeland Security," after "The Attorney General" in the fourth paragraph in section 1; (d) inserting ", the Secretary of Homeland Security," after "the Attorney General" in the fifth paragraph in section 1; (e) striking "the INS and the Customs Service" in the first sentence of the first paragraph of section 2, and inserting "the Department of Homeland Security" in lieu thereof; (f) striking "Customs and INS" in the first sentence of the second paragraph of section 2, and inserting "the Department of Homeland Security" in lieu thereof; (g) striking "the two agencies" in the second sentence of the second paragraph of section 2, and inserting "the Department of Homeland Security" in lieu thereof, (h) striking "the Secretary of the Treasury" wherever it appears in section 2, and inserting "the Secretary of Homeland Security" in lieu thereof; (i) inserting ", the Secretary of Homeland Security," after "The Secretary of State" wherever the latter appears in section 3; Q) inserting ", the Department of Homeland Security," after "the Department of State," in the second sentence in the third paragraph in section 3; (k) inserting "the Secretary of Homeland Security," after "the Secretary of State," in the first sentence of the fifth paragraph of sin 3; Homeland Security Presidential Directive/HSPD -5 Agenda Item NAW of 5 December 13, 2005 Page 9 of 9 (1) striking "INS" in the first sentence of the sixth paragraph of section 3, and inserting "Department of Homeland Security" in lieu thereof; (m) striking "the Treasury" wherever it appears in section 4 and inserting "Homeland Security" in lieu thereof; (n) inserting ", the Secretary of Homeland Security," after "the Attorney General" in the first sentence in section 5; and (o) inserting ", Homeland Security" after "State" in the first sentence of section 6. Technical and Conforming Amendments to Homeland Security Presidential Directive -3 (HSPD -3) (24) The Homeland Security Act of 2002 assigned the responsibility for administering the Homeland Security Advisory System to the Secretary of Homeland Security. Accordingly, HSPD -3 of March 11, 2002 ( "Homeland Security Advisory System ") is amended as follows: (a) replacing the third sentence of the second paragraph entitled "Homeland Security Advisory System" with "Except in exigent circumstances, the Secretary of Homeland Security shall seek the views of the Attorney General, and any other federal agency heads the Secretary deems appropriate, including other members of the Homeland Security Council, on the Threat Condition to be assigned." (b) inserting "At the request of the Secretary of Homeland Security, the Department of Justice shall permit and facilitate the use of delivery systems administered or managed by the Department of Justice for the purposes of delivering threat information pursuant to the Homeland Security Advisory System." as a new paragraph after the fifth paragraph of the section entitled "Homeland Security Advisory System." (c) inserting ", the Secretary of Homeland Security" after "The Director of Central Intelligence" in the first sentence of the seventh paragraph of the section entitled "Homeland Security Advisory System ". (d) striking "Attorney General" wherever it appears (except in the sentences referred to in subsections (a) and (c) above), and inserting "the Secretary of Homeland Security" in lieu thereof; and (e) striking the section entitled "Comment and Review Periods." GEORGE W. BUSH Agenda Item No. 16176 December 13, 2005 Page 1 of 5 EXECUTIVE SUMMARY Recommend the waiver of formal competition and acceptance of a proposal from The Conservancy of Southwest Florida to provide shorebird monitoring as required by the FDEP permit for contract 05 -3854, Collier County Beach Renourishment, Project No. 905271, for a cost of $34,798, OBJECTIVE: To satisfy FDEP permit requirements by providing shorebird monitoring on the Collier County /City of Naples Beach Renourishment Project No. 905271. CONSIDERATIONS: Collier County Environmental Services originally planned to perform this work and was awarded a TDC Grant. FDEP increased the scope of work precluding Collier County Environmental Services from conducting it. The Conservancy of Southwest Florida has been used in the past to conduct shorebird monitoring and is recognized by FDEP as a qualified contractor to perform this work. Staff believes it is in the best interests of the County to accept the proposal provided by The Conservancy of Southwest Florida and in accordance with Purchasing Policy V(A)3, requests that the Board waive the requirement for formal competition. COUNTY ATTORNEY FINDING: A finding by the County Attorney is not required for this item. ADVISORY COMMITTEE RECOMMENDATIONS: At the CAC November 10, 2005 meeting this item was recommended unanimously for approval 7 -0. FISCAL IMPACT: The Source of funds is from Category "A" Tourist Development Tax fund 195. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commission waive formal competition and accept the proposal from the Conservancy of Southwest Florida to provide shorebird monitoring as required by FDEP permit for a cost of $34,798. PREPARED BY: Gary McAlpin, Coastal Project Manager I., -' Agenda Item No. 161`6 December 13, 2DD5 Page 2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. 16F8 Item Summary: This item continued from the November 29, 2005 BCC Meeting. Recommend the waiver of formal competition and acceptance of a proposal from The Conservancy of Southwest Florida to provide shorebird monitoring as required by the FDEP permit for contract 05 -3854, Collier County Beach Renourlshment, Project No. 905271; for a cost of $34,798. Meeting Data: 12113,2005 8:00:00 AM Approved By Lyn Wood Purchasing Agent Date Administrative Services Purchasing 11130/2006 2:12 PM Approved By Gary McAtpin Costal Project Manager Data County Manager's Office Tourism 11130"2005 5:26 PM Approved By OMB Coordinator Administrative Assistant Data County Manager's Office Office of Management & Budget 121112005 1:29 PM Approved By Jack Wert Tourism Director Data County Managers Office Tourism 121112005 4:37 PM Approved By Mark Isackson Budget Analyst Data County Manager's Office Office of Management 6 Budget /21212005 9:59 AM Approved By Michael Smykowski Management b Budget Director Date County Managar's Office Office of Managomant S Budget 12!21200511:22 AM Approved By James V. Mudd County Manager Data Board of County County Manager's Office 121312008 9:13 AM Commissioners October 14, 2005 Mr. Gary McAlpine, Principal Project Manager Tourism Department 3050 North Horseshoe Drive Naples, Florida 34104 Dear Mr. McAlpine: Agenda Item No. 16F6 December 13, 2005 Page 3 of q TBE CONSERVANCY Of Southwest Florida 1450 Zihue Drive • Naples. Florida 34102 941.262.0304 • Fax 941.262,0672 www.conservancy.org Attached is the Scope of Work (SOW) for monitoring shorebird activity during the Collier County Beach Renourishment Project. The preparation of this SOW is based on the monitoring as outlined in the Collier County Coastal Management Plan 022335-001 - JC, which stipulates that only the resting areas be monitored. If this requirement is changed so that monitoring is required for the entire length of each beach during the construction and post- construction phases of the project the cost will have to be modified upwards to include the use of an ATV. Using an ATV would add approximately $1,000 to the total cost. If only post- construction monitoring of all the beaches is required, then the cost would be somewhat less. There might also be a slight increase in personnel costs, as counting shorebirds observed over the entire length of each beach might require more staff time. Should this be required, let me know and I'll look into it from our end. This SOW for shorebird monitoring is based on the December 1 to April 1 time frame as stated in the permits. If for some reason the project is not completed by April 1, we will have to address the resulting added cost for Conservancy staff to continue the monitoring beyond the expected completion date. We appreciate the opportunity to provide a SOW for this project. If you have any questions or need any additional information regarding this proposal, don't hesitate to contact me. Sincerely, David S. Addison Biologist Leading the challenge to protect and sustain Southwest Florida's natural environment December 1/ Page of Page 2 October 14, 2005 report. The weekly report will contain a daily breakdown to include the areas surveyed, any nests detected and marked (latitude and longitude), species observed, number of individuals, and activities (nesting, loafing, feeding, etc.) of the species seen. Particular note will be made of reproductive behavior if any. Data from the weekly monitoring surveys will also be included Reports will be submitted monthly upon completion of all work on the beach. Copies of all reports will also be provided to the Principal Project Manager in Collier County's Tourism Department and the Collier County Natural Resources Department. Table 1. Cost for shorebird monitoring. Monitoring During Construction Cost Personnel $17,514.00 Data manag ement and report preparation 1,500.00 Supplies and equipment 400.00 Vehicle mil a .485 /mile 1,173.00 Sub -total $20,587.00 Monitoring Post - construction Cost Personnel $13,10'1x00 Data management and report preparation 600.00 Vehicle mil a .485 /mile 505.00 Sub -total $14,211.00 Total cost $34,798.00 Agenda Item No 1rf:R December 13, 2005 Page 5 of 5 Scope of Work for Shorebird Monitoring Collier County Beach Renourishment Project Monitoring Requirements Construction Dhase of nroie Between Dec. 1, 2005 and April 1, 2006 daily shorebird surveys will be conducted on foot at the active construction area to determine if nesting activity has occurred and that all equipment are parked within the designated area. The construction area is defined as the area on the beach where active construction is occurring, equipment and/or materials are being stored, and any area where construction is scheduled to begin within five days. Any nests observed will be marked and protected in accordance with the conditions outlined in paragraph 6.1.1 of the Collier County Coastal Shorebird Management Plan 0222535 - 001 -JC. All the species seen will be recorded to include their number and activities. If dune lines are present, they will be checked for signs of solitary nesting species such as Wilson's and snowy plovers. Environmental conditions will also be recorded. If banded birds are observed, efforts will be made to determine the color code. Additional monitoring will be conducted to determine the nesting success of any species that nest. This data will include the number of nesting pairs, eggs if possible, chicks, fledged chicks, and depredated eggs/chicks. If shorebird nesting occurs within or immediately adjacent to the project area, the Florida Fish and Wildlife Conservation Commission' regional wildlife diversity biologist will be contacted within 24 hours. Outside of the active construction area on the beaches that are scheduled to be renourished during this project, weekly shorebird surveys of the resting areas defined in the Collier County Coastal Shorebird Management Plan 022253 5-001 -JC will be conducted in accordance with the stipulated protocols. Post - construction p a_ a of project Shorebird monitoring will be conducted on a monthly basis for two complete breeding seasons after construction has been completed. This monitoring activity will be conducted in the resting locations delineated in the Collier County Coastal Shorebird Management Plan 0222535 - 001 -JC. During the breeding season (February 1 to September 30) the areas will be monitored twice monthly for nesting activity until the end of the 2008 nesting season. During the non - breeding season (October 1 to January 1) the areas will be monitored for shorebird activity until the January 31, 2008. These surveys will be conducted as stipulated in permit0222535- 001 -JC. Monitoring_Re�rt. Daily monitoring reports of observed shorebird activity will be submitted electronically the Department of Environmental Protection compliance office Christina Staten dep state fa us and the Florida Fish and Wildlife conservation Commission regional wildlife biologist Ricardo.ZambranoaMyFWC com in a weekly Agenda Item Igo. 16F7 December 13, 2005 Rage 1 of 6 EXECUTIVE SUMMARY Recommendation to approve a budget amendment segregating funds collected for Beach Access /Beach Park Facilities from funds collected for Beach Renourishment/Pass Maintenance Activities OBJECTIVE: To segregate funds collected for beach renourishment /pass maintenance activities from funds collected for beach access/beach park facilities. The net effect of the recommended change is to provide better management information: (1) to the BCC and the Coastal Advisory Committee in determining compliance with guidelines for beach renourishment catastrophic reserves and, (2) to the BCC and the Parks and Recreation Advisory Board ( PARAB) by isolating funds dedicated to beach access. CONSIDERATIONS: The Board of County Commissioners adopted a beach funding policy effective December 1, 2003 which provided dedicated tourist tax dollars to fund beach access and beach park facility initiatives. This policy provided that funds shall be set aside within the Beach Renourishment Fund at an average of $2,000,000 per year with funding adjusted annually equal to the percentage change in TDC category A revenues. Recently, the Board of County Commissioners on October 25, 2005 approved an amended tourist development tax category A Beach and Beach Park Facilities funding policy providing that Beach Park Facilities shall be funded annually in an amount equal to one -third of the TDC category A revenues collected. This change was meant to simplify the calculation of dedicated revenues to fund beach park facility initiatives. During the fiscal year 2006 budget process, county staff considered creation of a new fund to effectively budget for current and future Beach Park Facility projects. The fact that dollars dedicated to beach park facilities were co- mingled with Beach Renournishment Funds proved problematic in identifying compliance with beach renourishment reserve guidelines and in identifying funds available for beach access initiatives. Given the fact that policy direction establishes dedicated dollars for Beach Park Facility projects, staff feels that the best way to budget and financially account for revenues and expenditures is through the creation of a new Beach Park Facilities Fund. Rather than accelerate creation of the fund at the final stages of the FY 2006 budget process, staff opted for a more methodical approach by first addressing the recommended fund segregation with the TDC, the CAC, and PARAB over the past two months. Each of the three respective advisory boards supports the staff recommendation to segregate the funding for beach access activities from beach renourishment activities. Beach Renourishment staff, as well as staff from the Parks and Recreation Department and the Budget Office, have collaborated over the past few months to calculate revenue dollars due to the Beach Park Facilities since inception of the policy in December 2003 as well as create the proposed Beach Park Facilities Fund budget. Clerk/Finance Department staff was also consulted and supports the fund split. Attached for BCC consideration are budget summaries reflecting the new Beach Park Facilities Fund, as Agenda Item No. 16177 December 13, 2005 Page 2 of 6 well as required amendments to the adopted Beach Renourishment Fund (195) budget necessary to establish the new Beach Park Facilities Fund. ADVISORY COMMITTEE RECOMMENDATIONS: As mentioned previously, the Coastal Advisory Committee, Tourist Development Council and Parks and Recreation Advisory Committee each offered unanimous recommendations endorsing the creation of the new Beach Park Facilities Fund and separation of budgeted dollars required to establish the Fund from Beach Renourishment Fund 195. Specifically, the Coastal Advisory Committee offered its' recommendation for approval on October 13, 2005. The Tourist Development Council considered the matter and recommended approval at their meeting of November 7, 2005. The Parks and Recreation Advisory Boars at their regular meeting of Wednesday, September 21, 2005 approved the creation of a new Beach Park Facilities Fund. FISCAL IMPACT: The methodology for creating this new Beach Park Facilities Fund is via budget amendment. Part of the recommendation which the Board of County Commissioners will consider includes approval of all budget amendments required to amend Beach Renourishment Fund (195) and create the Beach Park Facilities Fund (183). The budget amendments will be consistent with the budget summaries included as part of this executive summary. Revenue dollars due to Beach Park Facilities Fund for FY 04 and FY 05 will be transferred from the Beach Renourishment Fund. This prior period accumulation totals $3,520,700. One -third of the monthly TDC Category A -- revenues collected in FY 06 will be deposited directly in the new beach park facilities fund. For FY 06, total budgeted Category A revenues equal $6,800,000 and Beach Park Facilities will be entitled to one -third or $2,244,000. Beach Renourishment Fund (195) reserves will be reduced to $1,309,100. This is below the FY 06 catastrophic reserve set aside which totals $2 million. Current policy calls for an initial $1 million catastrophic reserve beginning in 2004 with annual increments of $500,000 up to a cap of $10 million. Staff expected this depletion of Fund (195) reserves considering the commitment to fund the major beach renourishment project. In addition, staff anticipates that FEMA reimbursements due to Tropical Storm Gabrielle, Hurricane Katrina and Hurricane Wilma, plus additional carryforward revenue from FY 05 will be available to meet the reserve guidelines outlined in the attached "Category A 10 Year plan ". FEMA reimbursement revenue is not included in either the TDC Category A 10 Year Plan Projections or the FY 06 Adopted Budget. GROWTH MANAGEMENT IMPACT: There is no impact on the Growth Management Plan. RECOMMENDATION: For the Board of County Commissioners to approve creation of a new Beach Park Facilities Fund, provide for the separation of the budgeted dollars from the Beach Renourishment Fund 195 and approve all necessary budget amendments. --- Prepared by Gary McAlpin, Coastal Projects Manager Agenda Item Na. 161`7 December 13, 2005 Page 3 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number, 15F7 Item Summary: Recommendation to approve a budget amendment segregating funds collected for Beach Access/Beach Park Facilities from funds collected for Beach RenourishmenUPass Maintenance Activities. Meeting Date: 12113,2005 9:00:00 AM Approved By Maria Ramsey Public Services Administrator Date Public Services Public Services Admin. 1112912005 3:47 PM Approved By Gary McAlpin Costal Project Manager Data County Manager's OtBca Tourism 11/29/2006 3:50 PM Approved By OMB Coordinator Administrative Assistant Date County Managers office Office of Management & Budget 11130f2006 9:20 AM Approved By Jack Wart Tourism Director Data County Manager's Office Tourism 121112005 6:38 PM Approved By Mark €sackson Budget Analyst Date County Manager's Office Office of Management 3 Budget I=2005 8:03 AM Approved By Michael Smykow.ski Management S Budget Director Data County Manager's office Office of Management 8 Budget 121212006 11:24 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 12;5!200512:31 PM Conunissionars Agenda Item No. 16F7 December 13, 2005 Page 4 of 6 CHANGES TO THE FY 06 AMENDED APPROVED BUDGET TDC BEACH RENOURISHMENT FUND (195) Approved FY 06 % FY 06 Changes Amended Budget Appropriation Unit Bud a Increase (Decrease) Budget Change Personal Services 255,900 0 255,900 0.0% Operating Expenses 76,800 0 76,800 0.0% Capital Outlay 16,800 0 16,800 0.0% Project Expenses 11,873,100 (160,000) 11,713,100 -1.3% Transfer to Tax Collector 170,000 (56,100) 113,900 -33.0% Transf. Gen Fund (00 1) & Fund (320) 151,900 0 151,900 0.0% Transf. Beach Park Facilities Fund (183) 0 3,520,700 3,520,700 N/A Reserves for Capital / Contingency 4,442,600 (4,342,600) 100,000 -97.7% Reserves - Catastrophic 2,000,000 (790,900) 1,209,100 -39.5% Transfer to Debt Service 1,203,500 (600,000) 603,500 49.9% Total Appropriation 20,190,600 (2,428,900) 17,761,700 -12.0% Revenues Tourist Tax 6,800,000 (2,244,000) 4,556,000 -33.0% Carryforward 6,777,300 0 6,777,300 0.0% Transfer From Tourism Fund (194) 900,400 (297,100) 603,300 -33.0% Reimbursement - Pelican Bay 840,000 0 840,000 0.0% Loan/Bond Proceeds 0 0 0 N/A Interest/Misc. 5,212,900 0 5,212,900 0.0% Revenue Reserves (340,000) 112,200 (227,800) -33.0% Total Revenues 20,190,600 (2,428,900) 17,761,700 -12.0% CHANGES TO THE FY 06 AMENDED APPROVED BUDGET NEW BEACH PARK FACILITIES FUND (183) Avvrovriation Unit Personal Services Operating Expenses Capital Outlay Project Expenses Transfer to Tax Collector Transf. Gen Fund (00 1) & Fund (320) Reserves for Capital Reserves - Catastrophic Transfer to Debt Service Total Appropriation Revenues Tourist Tax Carryforward Transfer From Tourism Fund (195) Transfer From Tourism Fund (194) Loan/Bond Proceeds Interest/Misc. Revenue Reserves Total Revenues Agenda Item No. 16F7 December 13, 2005 Page 5 of 6 Approved 2,244,000 FY 06 % FY 06 Changes Amended Budget Budget Increase (Decrease) Budget Change 0 0 0 N/A 0 0 0 N/A 0 0 0 N/A 0 160,000 160,000 N/A 0 56,100 56,100 N/A 0 0 0 N/A 0 5,055,000 5,055,000 N/A 0 78,500 78,500 N/A 0 600,000 600,000 N/A 0 5,949,600 5,949,600 N/A 0 2,244,000 2,244,000 0 0 0 N/A 0 3,520,700 3,520,700 N/A 0 297,100 297,100 N/A 0 0 0 N/A 0 0 0 N/A 0 (112,200) (112,200) N/A 0 5,949,600 5,949,600 N/A C4 Z O r U W a a 0 W F Q U 0 F �IK n rrz °rf �a O F n s ¢ Are � n n r e n ie8 88 � .�• } n �o m e� � Y } cr o g a o n } n t n a : r T R e� t F ' e S .• :°. :: � f♦ Ynf TY p n r t F. a _ .o •� i b � � V � 4 .� tf�� F' , � F � y 03 5 3 3 9ma 6 t I e¢ 7 a .° a •C ` i S S 3 3E fF1 �a ae g9gp ••Q4 u W M ii e Lp' ., € m V Sc GT S rh di n a rl .. .+ w> tai r« wi p£ r F C ia� r « wi Agenda Item No. 16F8 December 13, 2005 EXECUTIVE SUMMARY Page 1 of 14 Recommend approval of Work Order Number CPE- FT -06 -06 under contract 01 -3271 with Coastal Planning & Engineering to provide construction phase engineering support and surveying for a not -to- exceed, Time and Material price of $225,000 for the City of Naples /County Beach Re- nourishment Project No. 905271 (Contract No. 05 -3854) and to waive the $90,000.00 Work Order limit. OBJECTIVE: To receive approval of the proposal by Coastal Planning & Engineering (CP &E) to provide construction phase administration, survey and engineering services for a not -to- exceed, Time and Material price of $225,000 for the City of Naples /County Beach Re- nourishment Project. CONSIDERATIONS: Engineering construction services are required by permit from FDEP. This will be accomplished by a combination of staff from CP &E and the Collier County Tourism Department. CP &E's contract as proposed provides survey, reports and engineering support while Collier County Beach Inspector, Al Madsen, will perform the daily (including weekends and evenings) site inspections and monitoring. Al Madsen's effort will be supplemented by the contractors QA /QC procedures as well as support from Coastal Advisory Council Chairman, Ron Pennington and the City of Naples -' Representative, Dr. Bauer. Structuring the support in this manner saves approximately $225,000. CP &E's original proposal to provide these services totaled in excess of $450,000. COUNTY ATTORNEY FINDING: The County Attorney's office has reviewed this item for form and legal sufficiency. ADVISORY COMMITTEE RECOMMENDATIONS: At the October 14, 2005 Coastal Advisory Committee Meeting this item was unanimously recommended for approval 5 -0. At the November 7, 2005 Tourist Development Council meeting this item was recommended for approval 6 -1. FISCAL IMPACT: The Source of funds is from Category "A" Tourist Development Tax fund 195. This approach saves the CAC /project considerable money. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners approve Work Order Number CPE- FT -06 -06 with Coastal Planning & Engineering to provide construction phase engineering support and surveys for a not -to- exceed, Time and Material price of $225,000 for the City of Naples /County Beach Re- nourishment Project No. 905271 (Contract No. 05- 3854), to waive the $90,000.00 work order limit and to authorize the County Manager or his designee to execute the work order. PREPARED BY: Gary McAlpin, Coastal Projects Manager Agenda Item No. 16F8 December 13, 2005 Page 2 of 14 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16FS �... Item Summary: This hem continued from the November 29, 2005 BCC Meeting. Recommend approval of Work Order Number CPE -FT -06.06 under contract 01 -3271 with Coastal Planning & Engineering to provide construction phase engineering support and surveying for a not-to- exceed, Time and Material price of $225,000 for the City of NapleslCounty Beach Re- nourishment Project No. 905271 (Contract No. 05.3854) and to waive the $90,000.00 Work Order limit. Meeting Date: 12/13/2005 9:00:00 AM Approved By OMS Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 1112912005 2:21 PM Approved By Colleen Greene Assistant County Attomar Date County Attorney County Attorney Office 1112912005 3:47 PM Approved By Steve Camall PurchasingtGenaral Svcs Director Date Administrative Services Purchasing 11130120058:28 AM Approved By Gary McAipin Costal Project Manager Dab County Manager's Office Tourism 1113012005 5:25 PM Approved By Jack Wert Tourism Director Ooh County Manager's Office Tourism 12J112005 6:36 PM Approved By Lyn Woad Purchasing Agent Date Administrative Services Purchasing 1217!2005 7:43 AM Approved By Mark fsack -ti Budget Analyst Data County Managers Office Office of Management & Budget 1212:2005 8:06 AM Approved By Michael Smykomki Management & Budget Director Data County Managers Off!" Office of Management & Budget 12121200511:28 AM Approved By James V. Mudd County Manager Date Board of County County Managers Office i2r212005 8:46 PM Commissioners Agenda Item No, 16F8 December 13, 2005 Page 3 of 14 WORK ORDER # CPE- FT -06 -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 Design County /Naples Beach Renourishment Project No. 905271 (195) To provide construction phase engineering support and surveying for a not -to- exceed, time and material price of $225.000 for the City of Naples /County Beach Re- nourishment Proiect No. 905271 The work is specified in the proposal dated October 10, 2005, which is attached hereto and made a part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above, Work Order # CPE- FT -06 -06 is assigned to Coastal Planning & Engineering (Firm Name) Scope of Work: Task I – Construction Phase Services Task II – Post - Construction Survey Aerial Photography and Report Schedule of Work: Complete work within 180 days from receipt of the Notice to Proceed authorizing start of work. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated time and material amount provided in the schedule below (if a task is time and material, so indicate and use the established hourly rate(s) as enumerated in Schedule "A" of the Agreement). (List all Tasks) $135,074.00 (Ti'me and M'k`V —%J $ 89,926.00 Not- 4-o Exc-eecl� TOTAL FEE $225,000.00 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: GaVy McAlpfn, Coastal Project Manager REVIEWED BY: REVEIWED BY: Jack Wert, Tourism Director Leo E. Ochs, Jr., Deputy County Manager Date Date Date ACCEPTED BY: Coa lap E neeri r l 2w S CXdTbori ed m ny Officer Date Thomas J. Campbell President 11/29/05 Type or Print Name and Title Date ACCEPTED BY: Fred W. Coyle, Chairman Collier County Board of County Commissioners Approved as to form and Legal Sufficiency: Assistant County Attorney Agenda Item No. 16FS December 13, 2005 Page 4 of 14 Date Agenda Item No. 16F8 December 13, 2005 Page 5 of 14 SCOPE OF SERVICES COLLIER COUNTY BEACH RENOURISHMENT PROJECT CONSTRUCTION PHASE ADMINISTRATION, SURVEY AND ENGINEERING SERVICES Revised October 10, 2005 Introduction: This scope of services will provide the engineering services required through the construction phase of the Collier County Beach Renourishment Project. The scope of services has been reformulated to support the county as the lead in construction management and provide flexibility to the county in tailoring the professional services to the county's needs as the project progresses. The proposal also addresses the technical and permit management services during construction to include coordination of the permit monitoring effort for the project. This task takes the project through post - construction surveys and reports. CPE will provide on site and office support services daily during construction. The services are hourly (time and material) for a fee of $225,000, except of Task 1 A & B, which is lump sum. The following are the services provided in this scope of services: 1. Construction Phase Services: Construction phase services include management of beach construction during bidding, pre- construction, during and post - construction period; until the contractor demobilizes from the project area and completes all submittals. A. Contractor Bidding, Selection and Negotiation: We will assist COLLIER COUNTY in the bidding and final selection of a dredging contractor and provide responses to contractor questions during the bidding process under the direction of the County project manager. We will attend a pre -bid meeting and present the technical aspects of the project. We will address questions from the contractors and make them aware of critical information about the project. The contractors will be advised of all permit conditions, which will also be incorporated into the plans and specifications, and ultimately the contract documents for the project after each permit has been received. The contractors will be provided sufficient time to submit a bid for the project. We will answer questions during the bidding period and assist COLLIER COUNTY in issuing addendums, as required. We will also assist COLLIER COUNTY in reviewing the bids and selecting the lowest responsible bidder, taking into consideration the capability of the contractor (low bidder) and his equipment in constructing the beach nourishment project. A map of the nearshore natural resources, recent hardbottom and the contours based on 2004 Corps of Engineers Lidar survey will be developed for use in project construction. The map will show the pipeline corridors, FDEP monuments, aerial of the on -shore roads Agenda Item No. 16F8 December 13, 2005 Page 6 of 14 and development and other pertinent features. It will be provided in ACROBAT (pdf) format. This map will be used as the basis of a vessel operating plan developed by the Contractor. B. Pre - Construction We will attend a pre - construction meeting with the Contractor, COLLIER COUNTY, and permit agencies, and receive the Contractor's submittals and construction plan for the project. Pre - construction and mobilization activity by the Contractor will be monitored and observed periodically. At this time, no permanent local presence will be established, by CPE, although short term residency in the project area will be required during construction. We will assist the County in observing the Contractors pre - placement surveys. The pre - placement survey will be used as the basis for updating the construction plans, and creating cross - sections at intermediate profiles. CPE will update and expand the beach fill cross - sections to 100 -foot spacing at the approved construction volume, and observe the contractors survey layout for compliance with the plans. We will coordinate with permit agencies for beginning construction as required by permits. We will provide permit agencies project information and a construction schedule as they are provided by the contractor, and coordinate between them as needed, including the actions of CPE's biological monitoring team. -- We will assist with the county's observations of the contractor's critical operations, especially around hardbottom, including placement of the submerged pipeline, pump out station and /or booster pump. A quality assurance plan will be developed during this period to integrate the efforts of the COUNTY and CPE. The COUNTY will provide the primary observation team, and CPE will supplement coverage and provide for technical support. The plan will expand on this SOW, describing CPE's task in more detail. The COUNTY and Contractor will provide environmental monitoring services, which must be integrated with construction and produce reports required by permitting agencies. A daily construction observation report and check list will be developed for use by the observer teams. C. Construction Observations We will be COLLIER County's DESIGN PROFESSIONAL during the beach construction period, and will provide technical services and assist with construction observations during the construction week. Basic observation will be provided by the county, and the CPE observer will cover period and tasks as direct in the county's observation plan. CPE will provide on site and office support during each week of construction. Beach visits will be timed to coincide with pump out operations to the maximum extent possible. The timing of the inspections will rely on contractor reporting and observation of remote telemetry. Administrative tasks and observation of other tasks (surveys, grading) will be scheduled between pump out operations. Agenda Item No. 16F8 December 13, 2005 Page 7 of 14 Construction observation emphasis will be placed upon monitoring the timeliness of the Contractors work and the quality and volume of the sand placed on the beach. Sand samples will be collected from each hopper dredge when feasible, with particular attention given to the presence of rock in the fill. Selected samples, up to 16 samples total, will be sieve and color analyzed by CPE. At least one sample every 3000 feet will be analyzed. The Sediment QA/QC plan will be implemented by the observer team. The ENGINEER will interpret dredging and sand quality problems should they occur, and assist the contractor in resolving these issues. We will be available to address questions concerning the plans and specifications and address other issues of coordination for the beach project. We will also accept and review the contractor quality control reports through the duration of the project from mobilization through demobilization from the project site. Some construction observations will be conducted offsite on the dredge, at the pump out location or with other supporting operations. The construction progress will be tracked using a spreadsheet. The activities described in the pre - construction task will be continued during construction as appropriate to include: observing surveys and creating profiles at 100 foot spacing, observing emplacement operations of submerged pipeline, pump out facilities, and boosters; facilitate coordination among the Contractor, COUNTY, environmental observers and permit agencies. Non - technical task will be preformed on a schedule developed by the county. The county will manage the project environmental monitoring to include turbidity, shorebird and turtle monitoring through periodic observation. Turbidity monitoring reports will be collected, reviewed and provide to FDEP weekly. The County will coordinate and implement sea turtle trawling, when and if needed, and inform CPE biologists of the timing for during construction biological monitoring of the pipeline corridor. The pre- and post - placement (AD and BD) construction survey performed by the Contractor during construction will be observed by the county. CPE will review contractor calculations of pay quantities and recommend approval of acceptance sections based on these records. We will also review pay estimates on a monthly basis and make recommendations on payment after verifying volumes. We will be the technical liaison between COLLIER COUNTY, and the Contractor, answering technical inquiries and resolving problems as they occur. The county will serve as the single point of contact for the Contractor, unless delegated by task to the Engineer. The COUNTY will address community, residents and public issues as they arise, with the assistance of the ENGINEER, when needed. We will issue with reasonable promptness such written clarifications or interpretations of the requirements of the contract documents (in the form of drawings or otherwise) as we may determine necessary, which shall be consistent with the intent of and reasonably Agenda Item No. 16F8 December 13, 2005 Page 8 of 14 inferable from contract documents. Minor variations in the work from the requirements of the contract documents may be authorized which do not involve an adjustment in the contract price or the contract times and are compatible with the design concept of the completed project as a functioning whole as indicated by the contract documents. These actions will be made through the county. The County may prepare a QA report summarizing construction on each day observed. The County shall submit a weekly report (via fax or email) to FDEP and other interested parties, that summarizes the progress of beach construction and compliance with the permit and contract, amount and location of work performed and by whom, equipment, problems encountered, method to correct problems, errors, omissions, deviations from Contract Documents, and weather conditions. The CPE observer will attend project meetings, including pre- construction and periodic (weekly) construction meetings. The CPE senior project engineer will attend the pre - construction meeting and four weekly meetings. The engineer will assist with daily observations and perform the following specific task: - Update the plan cross - section using the contractor's pre - placement survey. - Verify compliance of post - placement surveys with plans and permits, and calculate and verify the pay volume due. - Laboratory analysis of sand samples taken from the constructed beach for compliance with the QA /QC plan. - Assist county in verifying pipeline corridor locations before laying the pipeline and placing dredges pump out and booster pump facilities. -Plot contractors dredge positioning data at least weekly and evaluate compliance with plans and permits. - Observe dredge telemetry when available. E. Immediate Post- Construction Services During the immediate post- construction time frame, the county will inspect/observe the beach construction site and overall project area and create a punch list of any deficiencies. The engineer will make a site visit in support of the project certification process, to observe the projects compliance with plans, specifications and permits. An engineering letter report with as -built drawings will be prepared containing post - construction results. The ENGINEER will certify completion of the project to permit agencies based on infrequent personal observation, reports and records provided by the County, contractor and CPE observer, and as required in the DEP permit. This certification will be accompanied by a report which will include the as -built surveys provided by the Contractor for the beach and borrow area, and the post- construction information required by permit. Agenda Item No. 16F8 December 13, 2005 Page 9 of 14 The County or his representative may observe demobilization of the Contractor, to include removal of equipment from the beach, staging areas and COUNTY property; final grading, tilling and scarp leveling of the beach, debris removal and other clean up operations. The Contractor will be informed of any equipment or debris left on or offshore. 2. Post - Construction Survey, Aerial Photography and Report: After completion of the construction of the beach renourishment project, a comprehensive post - construction survey will be conducted of the project by the CPE surveyors. CPE will survey 68 primary FDEP beach profiles, using the FDEP monitoring standards for beach erosion control projects, March 2004, between FDEP's reference monument R -17 through reference monument R -84, which extends from the Delnor- Wiggins State Park to approximately one mile north of Gordon Pass. An intermediate profile is added south of Doctors Pass at R -58A. These profiles will be measured along the same azimuth previously surveyed and commence at a point landward of the 1996 beach fill and extend seaward to a depth of —16.0 feet NGVD, or a minimum of 2000 feet seaward of the mean high water, whichever is closer. The survey will take place about June 2006 in conjunction with the annual biological monitoring. The survey data will be reduced, and a report prepared which documents the survey results. The report will be provided to COLLIER COUNTY and to the State of Florida. A. Beach Profile Survey The survey of the beach and offshore area will be conducted in two phases. A combination of GPS -RTK and standard survey techniques for measurement of elevations will be employed to survey the "dry land" and nearshore portion of the beach. Beach profile lines established approximately perpendicular to the shoreline at each FDEP monument will be surveyed by a GPS -RTK unit over most of the beach from the monument offshore to a depth of 2 to 6 feet (NGVD). Standard survey techniques will be used to supplement the GPS in regions where GPS signal is weak or blocked. A survey vessel will be used to perform the hydrographic portion of the survey on every DEP line which will extend from the 3 to 6 foot depth to a depth of 16 feet or 2,000 feet offshore along the profile line, whichever is least. During the hydrographic survey, depths will be collected at approximately twenty five foot intervals with final processed data reflecting a maximum interval of fifty feet. The spacing may be smaller within the reef zones. The hydrographic survey will be conducted using a survey launch (boat) with centrally mounted transducer. The positioning of the survey vessel is acquired by the use of GPS -RTK. Vessel navigation will be controlled by the Coastal Oceanographics "HYPACK" system. Horizontal positioning checks will be conducted at the beginning and end of each day using fixed objects or known control points to verified position. Soundings will be collected using an Innerspace model 448 with digitizer fathometer. The fathometer will be calibrated prior to the start of the survey following manufacturer Agenda item No. 16F8 December 13, 2005 Page 10 of 14 recommended procedures included in the FDEP's Monitoring Standards for Beach Erosion Control Projects (March 2004). Upon completion of the survey, a survey report will be prepared that compares pre construction conditions with surveyed beach conditions. The report will consist of the required FDEP Monitoring Standards, which include: Beach Profile Survey Report Notes and Certification /Charts, Monument Information Report, Federally Compliant Metadata, xyz data, DEP ASCII files, Profile Plots, Field Book Pages, and Ground Digital Photography. B. Controlled Aerial Photography Color aerial photography will be obtained for the project between Wiggins Pass and Gordon Pass (R -16 to R -90). The controlled aerial photographs will be used to support the post- construction biological/hardbottom monitoring program required by permit. CPE's surveyors and its subcontractor will establish targeting and ground control. A subcontractor will take the aerial photographs utilizing a precision aerial camera to obtain negatives suitable for raster imagery. The subcontractor will provide 9" x 9" stereoscopic photographs and CD -ROM raster imagery files. The aerial photographs will be conducted using the standards for Environmental Aerial Photography acquisition (section 02100) in the FDEP's Monitoring Standards for Beach Erosion Control Projects (March 2004). Hardbottom visible from the aerials will support the hardbottom monitoring program. C. Post - Construction Coastal Engineering Report Preparation A post - construction coastal engineering report of the beach will be prepared, incorporating the permit surveys, along with during construction surveys provided by the Contractor. The engineering report will contain post - construction monitoring results compared to the pre- construction conditions. The changes in shoreline width, beach sand volume placed, and other pertinent beach characteristics will be described and illustrated in tables and figures. The pay volume surveys will be verified against the Engineer's surveys. The post- dredging survey of the borrow areas conducted by the Contractor will be included in the report. The volume of sand removed from the borrow area will be calculated, and compared to the pay volume. The report will summarize permit required monitoring tasks. The ENGINEER will attend a CAC or other meeting, if requested, to present the results from the annual monitoring report. The report is required by the State and MMS. Agenda Item No. 16F8 December 13, 2005 CONSTRUCTION SERVICES AND POST - CONSTRUCTION SURVEYS & REPORTS, COLLIER COUNTY, FLORIDA NOURISHMENT PROJECT October 10, 2005 PREPARED BY: COASTAL PLANNING & ENGINSWU 11129/2005 F: \CPE\ Proposals\Collier\2005 Proposals \CC Construction Services Proposal October 2005.xls Agenda Item No. 16F8 December 13, 2005 Page 12 of 14 CONSTRUCTION SERVICES AND POST - CONSTRUCTION SURVEYS & REPORTS, COLLIER COUNTY, FLORIDA NOURISHMENT PROJECT LABOR, EQUIPMENT & DIRECT COST RATES COASTAL PLANNING & ENGINEERING, INC. 2005 1 ARAB 12ATFA /NnIIRLYI Principal En ineer $154.00 Senior Coastal Engineer PM $120.00 QC 1 QA Technical Reviewer $120.00 Senior Coastal Engineer $120.00 Senior Marine Biologist $115.00 Certified Inshore H dro ra her $115.00 Professional Surveyor & Mapper $115.00 Coastal Engineer $95.00 Marine Biologist $85.00 Geologist $85.00 Boat Operator $75.00 Senior CADD Operator $82.00 CADD Operator $75.00 GIS Operator $75.00 Technician $75.00 Clerical $41.00 EQUIPMENT RATES (DAILY) Survey Boat 24 ft. $575.00 Survey Vehicle $0.29 Differential GPS $400.00 Navigation System $250.00 Digital Land Camera $10.00 Underwater Camera 35 mm $25.00 Klein 590 Side Scan Sonar $780.00 SSS Expendables $88.00 Triton Elics Isis $220.00 SSS Operator $770.00 Triton Elics Isis Freight $165.00 Film 35 mm $6.25 Underwater Video Camera $100.00 GPS Integrated U/W Video Camera $400.00 Dive Equipment & Insurance $75.00 Dives $25.00 DIRECT COSTS Meals $21.00 Lodging $100.00 Misc. Expenses/ Expendables " 1.00 Note: ` Lodging and Expenses will be billed at cost, although values are used in the spreadsheet to determine a contract value. 11/ 291209 5CPE1_ProposalslCollier\2005 ProposalslCC Construction Services Proposal October 2005.x{s 3 co ul) ,T LL OT �N O m T Z T L. 4) E .n m E CL (D -00 CD Q Q U W d W Z m a z O_ 0 a zd W Q 5 w O U z O U I U I 7f I O I Z I � I W I Z_ I O W I tl I _ Z Y� I r° I I u I m W ° � � !gl I $I I ��lymymB��II Ig � 010 SryS$� M N O - c! W y HO _ J N N v$i£ I c8 N - c! HO « i I m E u m Q NNN � i I oQO�C I I I I {p $o U O N 171 Q Y 'I 17 - r N Q N m $ 8 p4 � y{ r � 8 O °y i $ i 1Q� a � i a�= 1pp .c .$ JS w i « 8888 ', o MI W t0 pp b. ■ n II ■ ■ ■ ■ ' O y OIL I 'i �I y E U U U U C r r og�0 o �r S a: r w f 1 F O °.� Ili W J r a i O W Liu y O W W O ° r gIU 10 I w z ',� I .e,ii<.uri ,v t W Z -1 . O VV£ o .0Z0. 01 ?r' 6 2' CL W n 0.1.- 110 Y W .. 0. t1FQ ZF5 UA y ,W y "Z r y Z. U W. z z r m; z' Fjm y o w; r a r D 0: 31° p ��o p� F� y' z mwuyi Fr Z''� O z< y IX u m�Z r r y W $ r cc r'°UU Z U 19 I 6 d; m io iLd S 8 N 00 Ln/ Z / k ƒQ- tm f) §2 ¢ $ ) § ( k � B .� k ■ | � | $!} � I e`| 52 � � ■! `Ga ! Ell ■r m ■ ■2§ � I e■ ©gR a� fa gEe °k§ 8* ■® §t| nii ■a!! ` � �, ■® '!§ � ■ !| i - 4A - ■v - . , .. ! \k � |t| ■ ■2k , -■ ��|| �._. �, .- � , ■ ■2� | ■ ,,. ■|A a.! ;■ t| i. _ � ` ■a ■®® � s ■ |! �`� #� °■ §!k iiii B k CK § §2k § § � .�` 2 §■ $§ | |2§■ Agenda Item No. 16F9 December 13, 2005 EXECUTIVE SUMMARY Page 1 of 2 .ecommendation that the Board of County Commissioners declare a valid public purpose and authorize payment for specific invoices in support of Hurricane Wilma Recovery efforts in Collier County OBJECTIVE: To approve payment for specific invoices to vendors that provided services to Collier County in response to Hurricane Wilma. CONSIDERATIONS: Hurricane Wilma made direct landfall in Collier County resulting in extensive damage and the immediate need for hurricane recovery efforts. Emergency purchase orders were issued in preparation for and recovery from Hurricane Wilma. On November 15, 2005 (agenda item IOC) the BCC approved a $31,000,000 budget amendment to establish budgetary appropriations for costs incurred. The Executive Summary specifically authorized $30,000,000 for debris removal/monitoring and an additional $1,000,000 in additional funds for other emergency purchase orders issued (fuel, meals, generator rental, environmental clean- up, and equipment rental). The Clerk's Office has requested that the BCC declare the valid public purpose and authorize payment for specific vendors that provided service in support of hurricane preparation and recovery. The specific items include the following: Vendor Service Line 1 Communications Blast fax service Old Marco Inn Shelter for special needs clients TCL Medical Transport Transport of special needs clients ,—Russell's Clambake Meals for hurricane response workers Total Amount $9,780.24 $15,080.00 $1,070.00 $32,922.50 $58,852.74 GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. FISCAL IMPACT: The total amount of invoices for BCC approval amount to $58,852.74. The cost sharing arrangement for Hurricane Wilma is as follows: FEMA – 75 %, State of Florida – 12.5 %, and Collier County – 12.5 %. RECOMMENDATION: That the Board of County Commissioners declares a valid public purpose for services rendered during Hurricane Wilma and authorize payment in the amount of $58,852.74 Prepared by: Michael Smykowski, OMB Director Agenda) ±em No. 16F9 December 13, 2005 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. 15F9 Item Summary: Recommendation that the Board of County Commissioners declare a valid public purpose and authorize payment for specific invoices in support of Hurricane Wilma Recovery efforts in Collier County. Meeting Date: 12113,!2005 9:00:00 AM Approved By James Y. Mudd County Manager Data Board of County Commissioners County Managers Office 111&2005 4:40 PM Agenda Item No. 161-11 December 13, 2005 Page 1 of 3 EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99 -410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Donna Fiala FUNCTION/EVENT: 2005 Farm City BBQ PUBLIC PURPOSE: To interact with constituents, local business and community leaders. DATE OF FUNCTION/EVENT: Wednesday, November 23, 2005 FISCAL IMPACT: $18.00 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 Donna Fiala to attend function serving a valid public purpose. PREPARED BY: Kathy Highbaugh, Executive Aide to BCC APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: December 13, 2005 Agenda Item No. 161-17 December 13. 2005 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. 151-11 Item Summary: Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended the 2005 Farm City BBO at University Extension Office; $18.D0 to be paid from Commissioner Fiala's travel budget Meeting Date: 12!13.2005 9:00:00 AM Prepared By Kathy Highbaugh Executive Aide to the BCC Date Board of county BCC Office 111IN2005 10:26:39 AM Commissioners Approved By Sue Filson Executive Manager to the BCC Date Board of County ace Office 1111812005 10:39 AM Commissioners Approved By James, V. Mudd County Manager Date Board of county County Manager's Office 1112312006 3:30 PM Commissioners Aftu Collier County University Extenssi na. esengs: IFAS EXTENSION , December 13 2005 .. �.o�fna +•.�pudxpSnwn•Ro:.ingF milic,•DuiAIitR Cwnwninm rAn,uRM1ldurunon A Public Services Division Department r Pa e3 f3 g o 2005 Far m Cloty BBQ To promote an enlightened understanding between urban and rural residents and to promote awareness of the importance of agriculture to the area Wednesday November 23 11:30 am , , . . FARM -CITY University Extension Office 14700 Immokalee Road (Next to the Collier County Fairgrounds - 10 miles East of I -75 on Immokalee Rand) Celebrating _59- YeaM"l - -- Featuring: 4H Livestock Displays Live Roping Demonstrations and music by Brought to you each year by these generous sponsors: LUMBER a"A � C i 14 Tier Electric, Inc. Tamales GENEPAI CONTRACTOR$ CONSTRUCTION MANAGERS Support 4H NNichols & Associates r Jivi�im of Brown 8 Brown, IM. Barron Collier Partnership Pacific Collier N Nobles Collier Collier Enterprises Russell's Clambakes, Greenscapes, TIB Bank, J. Roland Lieber, Florida Community Bank, Gulfshore Insurance, ADKM Design, Graybar, Comcast, Hughes Supply, Mid Continent Electric Portions of the proceeds benefit the Collier County 4H Foundation University of Florida 14700 Immokalee 353 -4244 Extension Greater Naples Chamber of Commerce Road Visitor's Information Center 2390 North Tamiami Trial, Naples 262 -6376 Florida Community Bank Branches Immokalee N Golden Gate Golden Gate Estates Nichols & Associates 999 Vanderbilt Beach Road, Suite 505 Menu: Grilled Steak, Corn on the Cob, Baked Beans, Rolls, Immokalee Salad Checks made payable to Friends of Extension. Agenda Item No. 16H2 December 13, 2005 Page 1 of 3 EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99 -410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Donna Fiala FUNCTION/EVENT: EDC's Pre - Legislative Luncheon PUBLIC PURPOSE: To interact with legislators, the business community and ,.r constituents. DATE OF FUNCTION/EVENT: Wednesday, December 14, 2005 FISCAL IMPACT: $50.00 Funds to be paid from Commissioner's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with Resolution No. 99 -410, approve payment by the Clerk for Commissioner Donna Fiala to attend function serving a valid public purpose. PREPARED BY: Kathy Highbaugh, Executive Aide to BCC APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: 12/13/05 Agenda item No. 16H2 December 13. 2005 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. 16F(2 Item Summary: Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Attending EDC's Pre - Legislative Luncheon on December 14, 2005 at The Strand Country Club; $50.00 to be paid from Commissioner Fiala's travel budget. Meeting Date: 12113.2005 9:00:00 AM Prepared By Kathy tiighbough Executive Aide to the BCC Dad Board of County BCC office 11/2112005 3:07:12 PM Comrnissianara Approved By Sue Filson Executive Manager to the BCC Ogee Board of County BGC Office 1112112005 3:24 PM Commissioners Approved By James Y. Mudd County Manager Dad Board of County Commirssanera County Manager's OMica 11123=054:01 PM FETV,enda Item No. 16H2 December 13, 2005 Page 3 of 3 WEDNESDAY, DECEMBER 11:30 AM - 1 :30 PM STRAND COUNTRY CLUB This luncheon hosts the Collier County Legislative Delgation and gives the EDC Trustees, County Commissioners and EDC Members, and their guests an opportunity to recieve a preview of the 2006 Legislative session. Attendees will have an opportunity to interact with the panel and address questions on legislation related to economic development, constitutional amendments, transportation, healthcare, disaster assistance, workers' compensation and gowth management issues. STRAND COUNTRY CLUB 5840 STRAND BOULEVARD NAPLES, FL3411O ON WEDNESDAY, DECEMBER 14 11:30 A.M. • 1:30 P.M. We invite you to join us to discuss these very important issues with our Legislators. Attendee In ormatlon ` Name(s) -- ©Q[I - -- i Company Name: Phone Number,_ Method of Payment , 'Check o Credit Card (AMEX, MC or Visa) _ (choose one) �_ Amount: $ _ $40 EDC Members $50 non - members L Account Number: W(� Expiration Date: ______ Signature: -- _,., - -- Name as it appears cn card: Complete and return by Friday, December 9, 2005 to: Mail: Economic Development Council of Collier County 3050 N. !horseshoe Drive, # 120, Naples, FL 34104 Fax: (239) 263 -6021 - Phone: (239) 263 -8989 E -mail: beth,?eNaplesFlorida.com No shows Wlll be Charged! EDC Benefactor Investor: Event Sponsors: Sprint Agenda Item No. 161i3 December 13, 2005 Page 1 of 3 EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99 -410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Donna Fiala FUNCTION/EVENT: Southwest Regional Delegation Forum - Issues '06 PUBLIC PURPOSE: Obtain information on critical topics, such as affordable housing, healthcare, growth management, transprotation, education, etc. DATE OF FUNCTION/EVENT: December 16, 2005 FISCAL IMPACT: $40.00 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 Donna Fiala to attend function serving a valid public purpose. PREPARED BY: Kathy Highbaugh, Executive Aide to BCC APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: 12/13/05 Agenda Item No. 161-13 December 13, 2005 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMIS31ONERS Item Number. 161-13 ..�. Item Summary: Commissioner Fiala requests Board approval for reimbursement to attend a function serving a valid public purpose. To attend Southwest Regional Delegation Forum - Issues'06 on December 16, 2005 at Florida Gulf Coast University; $40.00 to be paid from Commissioner Fiala's travel budget. Meeting Data: 12113.2006 9:00:00 AM Prepared By Kathy Mighbaugh Executive Aide to the BCC Date Board of County Commissioners BCC Office 11121/26053:19:11 PM Approved By Sue Filson Executive Manager to the BCC Date Board of County Commissioners BCC Office 1112112005 3:24 PM Approved By James Y. Mudd County Manager Date Board of County Commissioners County Manager's Office 1112312005 4:23 PM issued,., The Agenda including 9 a.m. to 2 p.m., g continental breakfast and funch The Honor Keynote Speaker: able Thaddeus Cohen, Se Florida Department of crety, Community Affairs ' 1 'a. Affordable Housin ftegionai Presentations: Grotrvth ManaQ Education, Environment and Bement. Healthcare, Natural Resour Transportation ces, Economy. Workfor -ce Deveiopment Reservations Please complete and return the no later than Friday, nclosed y December 9- egistration form Checks are Cost per person is Sq.O. Payabie to ISSUES '06. For sponsorship informa 118 pie�se contact tio Tina Matte at (239) 275_57.5 or TMatteC- GrayinaSmith.co m. December 16, 2005 Florida Gulf Coast University Student Union Ballroom December 16, 2005 Florida Gulf Coast University Student Union Ballroom Agenda Item No. 161-14 December 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: Tom Henning FUNCTION/EVENT: Issues 06 Southwest Regional Delegation Forum PUBLIC PURPOSE: To listen to keynote speaker, The Honorable Thaddeus Cohen, Secretary, Florida DCA and discuss important regional issues such as affordable housing, education, environment and natural resources, economy, growth management, healthcare, transportation and workforce development. DATE OF FUNCTION/EVENT: December 16, 2005. FISCAL IMPACT: $40.00 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 Tom Henning to attend function serving a valid public purpose. PREPARED BY: Sam Tucker, Executive Aide to BCC APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: 12/13/05 Agenda Item No. 16H4 December 13, 2005 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. 161-14 " Item Summary: Commissioner Henning requests Board approval for reimbursement to attend a function serving a valid public purpose. Commissioner Henning to attend the SW Regional Delegation Forum "Issues'06" on December 16, 2005 at the Florida Gulf Coast University. $40.00 to be paid from Commissioner Henning's travel budget. Meeting Date: 12!1112005 9:00:00 AM Prepared By Sam Tucker Executive Aide to the BCC Oats Board of County Commissioners BCC Office 1112812096 4:59:58 PM Approved By Sue Fitson Executive Manager to the BCC Data Board of County Commissioners BCC Office 11129120067:19 AM Approved By dames V. Mudd County Manager oats Beard of County Commtssicnara County Manager's Office 1112912005 8:51 AM A Please reserve individual seats at $40 each , for ISSUES '00 V O (Sponsorship information on reverse.) sa n 2' De eganm Fa m Attendees ffwl', ( rl Organizatio City L ' ,1 — State 11 I--- Zips Phone Fax 2 DZ E-mail PiilJ1 i L6�� leX7�D1% i�f Cost per person is 340. Checks are payabio ISSUES '06 and should be forwarded no later than Friday, December 9 to: ISSOES'96 c/o Gravina, Smith & Matte 1520 Royal Palm Square Blvd., Suite 160 • Fort Myers, Florida 33919 Agenda Item No. 16H5 December 13, 2005 Page 1 of 3 EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function /event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99 -410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Jim Coletta FUNCTION /EVENT: Economic Development Council of Collier County Pre - Legislative Luncheon PUBLIC PURPOSE: To have an opportunity to receive a preview of the 2006 Legislative Session and interact with the panel and address questions on legislation. DATE OF FUNCTION/EVENT: December 14, 2005 FISCAL IMPACT: $50.00 Funds to be paid from Commissioner's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with Resolution No. 99 -410, approve payment by the Clerk for Commissioner Jim Coletta to attend function serving a valid public purpose. PREPARED BY: Nancy Rosiak, Executive Aide to BCC APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: December 15, 2005 Agenda Item No. 16115 December 13. 2005 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 15115 Item Summary: Commissioner Colette requests approval for reimbursement for attending a function serving a valid public purpose to attend the Economic Development Council of Collier County's Pre - Legislative Luncheon on December 14, 2005 to be paid from his travel budget. Meeting Date: 12!13,2005 9:00:00 AM Prepared By Nancy Rosiak Board of County Gommisalonars Executive Aide to the BCC BCC Office Data 12111200510:50:32 AM Approved By Sue Filson Executive Manager to the BCC Data Board of County BCC Office ?2!2(20050:14 AM Commissioners Approved By James Y. Mudd County Manager Date Board of County county Manager's Office 12131200511:54 AM Commissioners Agenda Item No. 161-15 December 13, 2005 Page 3 of 3 This luncheon hosts the Collier County Legislative Deigation and gives the EDC Trustees, County Commissioners and EDC Members, and their guests an opportunity to recieve a preview of the 2006 Legislative session. Attendees will have an opportunity to inferact with the panel and address questions on legislation related to economic development, constitutional amendments, transportation, healthcare, disaster assistance, workers' compensation and �owth management issues. STRAND COUNTRY CL.UB 5840 STRAND BouL I�VARD NAPLES. F L3411O ON VAVMESDAY, DES 14 11:30 A.M.- 1:30 P.M. We invite you to join us to discuss these very Important issues with our LegisJators. Attendee Information Names) _ rilmmi sgioner Jim Co P.+ta — Phon Number: Method of Payment _ WJ/,pA.r o.Check o Credit Card (AMEX, MC or Visa) (choose oriej Amount: $ $40 EDC Members - $50 non - members Account dumber:. - - -- --- - - - - - -- -- ----- - - - ;._ �- -----=-------------------- Expiration Gate: Signature: Name as it appears on card: Complete and return by Friday, December 9, 2005 to: Mail: Economic Development Council of Collier County 3050 N. Horseshoe Drive, # 120, Naples, FL 34104 Fax: (239) 263 -6021 • Phone: (239) 263 -8989 E-mail: Beth @eNapiesFlor da.com No shows Will be Charged! EDC .Benefactor Investor: Event Sponsors: Sprint 'W0 Agenda Item too. 1611 December 13, 2005 Page 1 of 3 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE December 13, 2005 1. FOR BOARD ACTION: A. No items for board action. 2. 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) October 30, 2005 — November 5, 2005. (2) November 6, 2005 — November 12, 2005. (3) November 13, 2005 — November 19, 2005. B. Districts: (1) Cedar Hammock Community Development District: Agenda and Minutes of July 11, 2005; Proposed Operating and Debt Service Budget for Fiscal Year 2006. (2) Quarry Community Development District: Agenda and Minutes of August 8, 2005; Proposed Operating and Debt Service Budget for Fiscal Year 2006. (3) South Florida Water Management District: Letter regarding Application No: 040702 -9 (Logan Blvd. Extension); Notice of Public Meeting "Lake Okeechobee Operations" on November 30, 2005; Correction to Location of Public Hearing on December 14, 2005; Notice of Meeting Change (2006 Florida Forever Work Plan). C. Minutes: (1) Collier County Contractors' Licensing Board: Agenda of October 31, 2005. (2) Collier County Airport Authority: Minutes of September 12, 2005. (3) Ochopee Fire Control District Advisory Board: Minutes of June 20, 2005. H: \DATA \Melanie \2005 MISCELLANEOUS CORRESPONDENCE \December 13, 2005 Mis C.doc Agenda Item No. 1611 December 13, 2005 Page 2 of 3 (4) Pelican Bay Services Division: Agenda of November 9, 2005; Agenda of October 5, 2005; Minutes of October 5, 2005. (a) Clam Bay Sub - Committee: Agenda of November 9,2005; Agenda of September 7, 2005. (5) Radio Road Beautification MSTU: Minutes of October 18, 2005; Agenda of November 15, 2005; Agenda of October 18, 2005; Minutes of September 20, 2005. (6) Productivity Committee: Minutes of September 21, 2005. (a) Operational Efficiency and Effectiveness Study Subcommittee: Minutes of September 14, 2005. (b) Employee Benefits Subcommittee: Minutes of September 27, 2005. (7) Collier County Planning Commission: Revised Agenda of November 3, 2005; Agenda of November 3, 2005; Minutes of September 21, 2005. (8) Immokalee Beautification MSTU Advisory Committee: Agenda of November 16, 2005; Minutes of October 19, 2005 (No quorum). -- (9) Collier County Historic and Archaeological Preservation Board: Agenda of October 19, 2005; Minutes of September 21, 2005. (10) Bayshore /Gateway Triangle Local Redevelopment Advisory Board: Agenda of October 4, 2005. D. Other: (1) October 5, 2005 Letter to Guy L. Carlton, Collier County Tax Collector, from Chairman Coyle regarding receipt of Errors and Insolvencies Report. (2) October 11, 2005 Letter to Chairman Coyle from Guy L. Carlton, Collier County Tax Collector, regarding the 2005 — 2006 Budget Amendment. (3) October 19, 2005 Letter from Guy L. Carlton, Collier County Tax Collector, regarding the 2004 -2005 Final Annual Budget Amendment. H: \DATA \Melanie \2005 MISCELLANEOUS CORRESPONDENCE \December 13, 2005 Mis C.doc Agenda Item No. 1611 December 13, 2005 Page 3 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. 1811 Item Summary: Miscellaneous Correspondence to file for record adth action as directed. Meeting Date: 12/13.12005 9:00:00 AM Prepared By Melanie Rodriguez AdministratNe Aide to the BCC Date Board of County Commissioners BCC t was 12!2!2005 8:49:12 AM Approved By Sue Filson Executire Manager to the BCC Data Board of County Commissioner BCC Office IVV2005 9:13 AM Approved By .fames V. Mudd County Manager Date Board of County County Managers Office 17012055 9:43 AM Commissioners Agenda Stern No. 16,11 December 13, 2005 Page 1 of 2 EXECUTIVE SUMMARY RECOMMEND THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE THE USE OF CONFISCATED TRUST FUNDS FOR DRUG ABUSE EDUCATION AND PREVENTION. OBJECTIVE: To seek appropriation from the Confiscated Trust Fund of $20,000 for drug abuse education and prevention. CONSIDERATION: The Substance Abuse Coalition of Collier County (SACCC) by virtue of Section 932.7055 (5) (c) 3 Florida Statutes is seeking Board authorization for the appropriation of funds for drug abuse education and prevention purposes. The SACCC has applied to the Sheriff for appropriation. The Sheriff's Office requests Board approval to appropriate $20,000 to support the SACCC program in Collier County. The mission of the SACCC is to strengthen our community's resolve to decrease juvenile substance abuse in Collier County through increased education, promotion of services and support in our community. The purposes of SACCC are to: a. To increase community understanding of the social issues resulting from juvenile substance abuse. b. To advance juvenile substance abuse prevention and education. c. To operate, collaborate and coordinate education programs with other community based groups, government agencies and service providers committed to addressing the juvenile substance abuse problem in Collier County. The SACCC, through the Sheriff's Office, requests $20,000 from the Confiscated Trust Fund to be used to support their purposes. This support will be used to assist in the educational and promotional costs to benefit Collier County's youth and families. FISCAL IMPACT: A budget amendment is needed to appropriate a remittance to SACCC of $20,000 and to reduce Confiscated Trust fund. GROWTH MANAGEMENT: No recurring costs for subsequent years. RECOMMENDATION: That the Board of County Commissioners approves the budget amendment for the use of funds for drug abuse education and prevention. CERTIFICATION OF CONFISCATED TRUST FUND REQUEST This request is a legitimate expenditure of Confiscated Trust Funds under Section 932.7055 (5) (c) 3, Florida Statutes, drug abuse education and prevention. PREPARED BY: LA=Ll�aLb Z APPROVED DATE: Agenda Item No. 16,11 December 13, 2005 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS .tea.. Item Number. 16.11 Item Summary: Recommend that the Board of County Commissioners approve the use of Confiscated Trust Funds for Drug Abuse Education and Prevention. Meeting Date: 1211312005 8:00:00 AM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County Commissioners County Manager's Office 11130=0512:30 PM Agenda Item No. 16K1 December 13, 2005 Page 1 of 13 EXECUTIVE SUMMARY Recommendation to approve a Mediated Settlement Agreement and Stipulated Final Judgment for Parcel Nos. 122, 822 and 922 in the lawsuit styled Collier County v John J. Yaklich, et aL, Case No. 03- 2559 -CA (Golden Gate Parkway Project 60027). (Fiscal Impact $18,652.00) OBJECTIVE: That the Board of County Commissioners approve the Mediated Settlement Agreement and Stipulated Final Judgment for payment of full compensation, expert fees and costs, for the taking of Parcel Nos. 122, 822 and 922 in the lawsuit styled Collier County v. John J. Yaklich, et al., Case No. 03- 2559 -CA (Golden Gate Parkway Project 60027). CONSIDERATIONS: Prior to suit, staff offered the Respondents, John J. Yaklich and Carol Yaklich, $30,600.00, which was rejected. The County acquired the subject property by entry of an Order of Taking and by depositing the sum of $28,600.00. At mediation, the County and Respondents negotiated the proposed settlement of $40,000.00 as full compensation for the taking of Parcel Nos. 122, 822 and 922. In addition, the mediated settlement provides for payment of attorney's fees in the amount $3,102.00 and $4,000.00 for all expert fees and costs in this case. If approved, the County will have the following costs: -- • Additional Compensation: $ 11,400.00 • Expert Witness Fees: $ 4,000.00 • Statutory Attorney's Fees *: $ 3,102.00 • Clerk of Court's Fees $ 150.00 TOTAL: $ 18,652.00 * 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 ($40,000 - $30,600). Attached are the Mediated Settlement Agreement and Stipulated Final Judgment. FISCAL IMPACT: Funds in the amount of $18,652.00 are available in the FY 2006 adopted budget. Source of funds are Impact Fees and /or Gas Taxes. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: Approve the Mediated Settlement Agreement and Stipulated Final Judgment as to Parcel Nos. 122, 822 and 922; 2. Approve the expenditure of funds as stated. PREPARED BY: Ellen T. Chadwell, Assistant County Attorney Agenda Item No. 16K1 December 13, 2005 Page 2 of 13 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. 16KI A Item Summary: Recommendation to approve a Mediated Settlement Agreement and Stipulated Final Judgment for Parcel Nos. 122,822 and 922 in the lawsuit styled Collier County v. John J. Yaklich, at al., Case No. 03- 2559-CA (Golden Gate Parkway Project 80027). (Fiscal Impact 518,652.00) Meeting Date: 12/13/2005 9:00:00 AM Prepared By Ellen T. Chadwell Assistant County Attorney Date County Attorney County Attorney Office 1111812005 4:02:49 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 1112112005 3:29 PM Approved By Kevin Hendricks Right Of Way Acquisition Manager Date Transportation Services TECM -ROW 11/22120053:02 PM Approved By Ellen T. Chadwell Assistant County Attorney Data County Attomey County Attorney Office 1IF287200510303 AM Approved By Najeh Ahmed Director Data Transportation Engineering 3 Transportation 9orvices Construction Management 1112812005 10:13 AM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 111281200510:15 AM Approved By Use Taylor ManagementtBudgef Analyst Date Transportation Services Transportation Administration 1112 8120 05 110:51 AM Approved By David C. Weigel County Attorney Data County Attorney County Attorney Office 1112912005 4:23 PM Approved By OMB C4ordinater Administrative Assistant Data County Manager's office Office of Management & Budget 1112912005 4:29 PM Approved By Susan Usher Senior ManagemantfBudget Analyst Dab County Manager's Offico Office of Management 6 Budget 1211/2005 2:83 PM Approved By Michael Smykowski Management $ Budget Director Data County Manager's Office Office of Management & Budget IV21200511:03 AM Approved By Jsmes V. Mudd County Manager oat* Board of County Com"'dssionen: County Manager's Office 1213/2005 9:89 AM _ Agenda Item No. 16K1 December 13, 2005 Page 3 of 13 COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, vs. CASE NO.: 03- 2559 -CA PARCEL NOS.: 122 1 822 / 922 JOHN J. YAKLICH, et al., Defendants. MEDIATED SETTLEMENT.' AGREEMENT'- This Mediated Settlement Agreement has been entered into between Petitioner, COLLIER COUNTY, hereinafter ter referred to as Petitioner, and JOHN J. YAKLTCH AND CAROL YAKLICH_ and their heirs, assigns or successors, hereinafter referred to as Defendants, subsequent to a mediation conference held on the 91 day of November, 2005, with the parties agreeing to the following: 1- Petitioner will pay to Defendants, the total sum of FORTY SEVEN THOUSAND ONE HUNDRED TWO DOLLARS AND NO CENTS [$47,102.00] to fully and finally settle any and all claims for compensation in this matter for Parcels 122, 822, and 922, including claims by Defendants for land and improvements taken, severance, business or special damages, relocation entitlements and interest, and including all claims for attorney's -1- Agenda Item No. 16K1 December 13, 2005 Page 4 of 13 fees, except attorney's fees and costs for apportionment proceedings, if any, and all expert's fees, costs or expenses related to Parcels 122, 822 and 922. The sum paid by Petitioner as corupensatiou for Parcels 122, 822 and 922 is subject to apporUoMnent by other interested parties, ifany. This Mediated Settlement Agreement is conditioned upon the approval by the Board of County Commissioners of the terms of this Mediated Settlement Agreement. 2. Petitioner shall receive credit for all sums previously deposited in this cause and received by Defendants for Parcels 122, 822 and 922. 3. Petitioner shall pay the balance due for Parcels 122, 822 and 922, by deposit into the registry of the Court, within 30 days after receipt by the Petitioner of a conformed copy of the Stipulated Fjual Judgment rendered by the Court and referred to below. .— 4, Petitioner and Defendant(s) will submit a joint motion for entry of a mutually acceptable Stipulated Final Judgment consistent with this Mediated Settlement Agreement within 20 days of approval of this Mediated Settlement Agreement by the Board of County Commissioners. 5. The Court shall retain jurisdiction in this matterto enforce this Mediated Settlement Agreement andthe Stipulated Final Judgment, and to conduct any supplemental proceedings, if necessary. 6. This Mediated Settlement Agreement, attachments and Addendum, if any, contain all of the agreements of the parties and every part of every agreement. No oral agreement, statement or representation is binding unless contained within the Mediated Settlement -2- Agenda Item No. 16K1 December 13, 2005 Agreement, attachments or Addendum. Page 5 of 13 7. The parties and their counsel have reviewed and understand the terms of this Mediated Settlement Agreement and have voluntarily determined to enter into this Mediated Settlement Agreement without compulsion by any participant in this mediation conference. 8. Defendants warrant that they have full authority to enter into a full and complete settlement with regard to Parcels 122, 822 and 922. ELLEN T. CHADWELL, ESQ. VANESSA THOMAS, ESQ. Florida Bar No. 0983860 Florida Bar No. 0702412 Office of the County Attorney Foreman Hanratty & Montgomery Harmon Turner Bldg. 320 N.W. Third Ave 3301 East Tamiami Trail Ocala, Fl. 34478 Naples, Florida 34112 (352) -732 -3915 (239) 774 -840 Counsel for Defendants Co el f eti ' er Collie oun Client / Client Representative Clien Representative By: By: K�V l t-A (Please Print) (Please Print) Collier County Client / Client Representative Client Representative By: By (Please Print) Dated: November 14, 2005 Alan E. DeSerio, Esq. Certified Circuit Court Mediator Post Office Box 1485 Brandon, Fl. 33509 -1485 (813) 335 -2241 -3- Agenda Item No. 16K1 December 13, 2005 Page 6 of 13 Agreement, a4-4 -- Cnts or Addendum.. 7. The pantiles and their counsel have reviewed and understand the tams of this Mediated Settlement Agreement and have voluntarily deter&ed to enter into this Mediated Settlement Agreement without compulsion by any partxcipaat in this mediation conference. 8. Defendants warrant that they have full authority to enter into a mull and complete settlement with regard to Parcels 122, 822 and 922. ELLEN T. ClBti4,UWEL .7 FAQ. Florida Bar No. 0983 860 Office of the County Attonnuey Marmon Turner Bldg- 3 301 But Tarniami Trail Naples, Florida 34112 (239) 774 -8400 Counsel for Petitioner Collier County Client Rgn=antadve By: (Please Print) Collier County Client Rapreseatative By: Alan E. DeSerio, Esq. CerMd Circuit Court Mediator Post Office Box 1485 Brandon, Fl. 33509 -1485 (813) 335 -2241 -3- IIAM�� VAMUSA THOntsi ESQ. Florida Bar No. 0702412 Foreman Hanratty & Montgomery 320 N.W. Third Ave Ocala, Fl. 34478 (352) 732 -3915 Counsel for DefendanU C t / Cli R, sentative By: _ --t o ,a ...i � < «.r (Please Print) client/ Client entative By: L (Please Print Dated: November 14, 2005 Agenda Item No. 16K1 December 13, 2005 Page 7 of 13 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. JOHN J. YAKLICH, et al., Respondents. Case No. 03- 2559 -CA Parcel Nos.: 122 / 822 / 922 STIPULATED F WAL JUDGMENT Tl IIS CAUSE having come before the Court upon Joint Motion made by Petitioner, COLLIER COUNTY, FLORIDA, by and through the undersigned counsel and Respondents, JOHN J. YAKLICH AND CAROL YAKLICH, (hexeiniafter "Respondents') by and through their undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel Nos, 122, 822 and 922, and it appearing to the Court that the parties are authorized to make such Motion, the Court Ondimg that the compensation to be paid by Petitioner, COLLIER COUNTY, FLORIDA, is the full compensation due Respondents, JOHN J. YAKLICH AND CAROL YAKLICH, and the Court being otherwise fWly advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondents, JOHN J. YAKLICH AND CAROL YAKLICH, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Forty Thousand and No/100 Dollars (5409000.00), which includes the good faith estimate of value of $28,600 deposited by Petitioner for Peel Nos. 122. 822 and 922, as full payment for the property interests taken and for damages resulting to the remainder, if less than the entire properly was taken, business damages, and for all other damages in connection with said parcels; it is further 1 Agenda Item No. 16K1 December 13, 2005 Page 8of13 ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, will be entitled to a credit for the good faith estimate of value previously deposited in the amount of $28,600.00; it is further ORDERED that Respondents, JOHN L YAKLICH AND CAROL YAKLICK shall receive pursuant to Florida Statutes §73.092(]), as a reasomable attorney's fee, the sum of Three Thousand One Hundred and Two and No/100 Dollars (83,102.00), based on a. benefit to the properly owners of $9,400; it is further ORDERED that Respondents, JOHN J. YAKLICH AND CAROL YAKLICH, shall receive as full settlemeat of any and all claims for expert fees and costs the sum of Four Thousand and No/100 Dollars (54,000.00); it is further ORDERED that within thirty (30) days of entry of this order, Petitioner, COLLIER COUNTY, FLORIDA, shall deposit the sum of Eighteen Thousand Five Hundred Two and Ne1100 Dollars (818,502.00) into the registry of the Clerk of the Circuit Court; it is further ORDERED that upon deposit the Clerk shall forthwith disburse the total amount of .Eighteen Thousand Five Hundred Two and No/100 Dollars ($18,502.00) made payable to Forman, Hawatty &. Montgomery Trust Account, c/o Vanessa Thomas, Esq., Forman, Hanrariy & Montgomery, 320 N.W. Third Ave., Ocala, FL 34478 for disbursement of compensation and costs in accordance with this order; it is further ORDERED that title to Parcel No. 122, a perpetual, non - exclusive road right of way, drainage and utility easement, Parcel No. 822, a perpetual, non - exclusive drainage and utility easement, and Parc:4 No. 922, a perpetual, exclusive anchor 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 September 12, 2003, and the deposit of money heretofore made, is approved, ratified, and confirmed; it is further 2 Agenda Item No. 16K1 December 13, 2005 Page 9 of 13 ORDERED that this Court retains jurisdiction to bear supplemental proceedings for apportionment, if any; it is fuxtber ORDERED that this Court retains jurisdiction to determine attorney's fees and costs for supplemental proceedings, if any; it is further ORDERED that ,payment of compensation to Respondents, JOHN J. YAKLICH AND CAROL YAKLICH, is subject to the claims of all mortgagees, if any; it is further ORDERED that the Notice of Lis Pendens filed in the above- styled cause and recorded in Official Racmd Book 3306, Page 2000 and Official Record Book 3312, Page 2417, both of the Public Records of Collier County, Florida be dismissed as to Parcel Nos. 122, 822 and 922; it is further ORDERED that the terms of Mediated Settlement Agreement entered into by the parties on . 2005, are incorporated herein and made a part hereof; it is further ORDERED that this Stipulated Finial Judgment is to be recorded in tboe Official Records of Collier County, Florida; it is fiuther ORDERED that this Court ietaius jurisdiction to enforce the terms of this Stipulated Final Judgmaxt; it is therefore DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this day of 2005. Conformed copies to: Heidi F. Ashton, Esq. Vanessa Thomas, Esq. E. Glenn, Tucker, Esquirc AmSouth Bank Kevin Hendricks, Acquisition Mgr/Tmnsp. Bookkeeping 3 TED BROUSSEAU CIRCUIT COURT JUDGE Agenda Item No. 16K1 December 13, 2005 Page 10 of 13 JOM MOTION FOR S EMLATED FINAL JUDGMENT The Parties bereby stipulate and respectfully request this Court to enter the foregoing Stipulated Final Judgment as to Parcel Nos. 122, 822 and 922. Dated: 11 1 1 -R 05 VANESSA THOMAS Florida Bar No. 0702412 FORMAN HANRATTY & MONTGOMERY 320 N.W. Third Avenue Ocala, FL 34478 (352) 732 -3915 - Telephone (352) 351 -1690 - Facsimile ATTORNEY FOR RESPONDENTS, JOHN J. YAKLICH AND CAROL YAKLICH Dated: ELLEN T. CHADWELL Florida Bat No. 0953860 COUNTY ATTORNEY'S OFFICE Harrison Turner Budding, 8« Floor 3301 East Tar iami Trail Naples, Florida 34112 (239) 774 -8400 - Telephone (239) 774 -0225 - Facsimile ATTORNEY FOR PETITIONER CERTMCATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the :foregoing has been &wished by U.S. Mail to all persons listed below, on this day of . 2005. AinSouth Bank c/o CT Corporation System 1200 South Pine Island Road Plantation, FL 33324 Guy Carlton, Collier County Tax Collector c/o E. Glenn Tucker, Esq. RHODES TUCKER & GARRETSON P. 0. Box 887 Marco Island, FL 34146 4 ELLEN T. CHADWELL PARCEL NO. I EXCLLDRa ZPE 1 Ffr-0N WE Agenda Item No. 161(1 W urjL 1'Y EA8E1,{p� - December , 03 Page 11 of EXIIID17 A 33D r,PUn - � Y4(UCH T0.0111 } OR DD2/169a 09 2342f2357 TRACT 38 I ' TRACT 54 a I8 TRA 53 � f GOLDEN WT ESTATES v UNIT 29 PUT BOOK "GE 57 lq �` I - awJrc MO.ormY Wt4OR waral0 To TK 7% {R7WL qF P11R 1C PE7f I lIIAATT R7gK T. PAGE _V E P � rn � I LO 5 LINE TABLE ZE C UNE BEfto I LEN= 1 PER ETUAI„ NON - EXCLUSIVE f ROAD RIGHT-Of-WAY DRAINAGE g A D UTILITY EASEMENT j to t tc4.00 AI PARCEL 122 L03 NO 7' 5'w 64.00 PEr OF BECIrIMNC PROPOSED MGXT -OF -WAY 9/ "�/ SWI9P . CLi4++MY / W4[ aAnr - _ -�.• -• .'�- • --'•/3 q t0' MOw p5[+EUr sv /m 4 ios6 Pc GOLDEN GATE PARKWAY (CR 866) p wommT CAssuav PCs .(AT 3 ). . • �r UASELVNE OF suw-vT [ts,ar I c0n11aEHCfIdENr s • sr CORNM TRACT` ss LEGAL OESCRIPT }ON FOR PARCEL 122 { A PORTION Of TRACT 53, GOLDEN GATE ESTATES, UNIT 29 AS RECORDED IN PLAT 90OK 7, PAGE 57 OF THE - PUBUC RECORDS OF COLUER COUNTY, FLORIDA SITUATE IN SECTION 30, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCE AT THE SOUTHWEST CORNER OF SAID TRACT 53; THENCE ALONG THE WEST LINE OF SAID TRACT 53, N.DO27.55 -W., A DISTANCE OF 114.00 FEET; THENCE N.69'31'37'E., A DISTANCE OF 30.00 FEET, TO THE EAST LINE OF A ROADWAY EASEMENT (60' WIDE) AS PER SAID PLAT AND BEING THE POINT OF BEGINNING; THENCE CONTINUE N.69- 31.37'E., A DISTANCE OF 13D.27 FEET, TO THE EAST LINE OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 802, PAGE 1698. OF THE PUBLIC RECORDS OF COLDER COUNTY, FLORIDA: THENCE 5.00'27'29'E., ALONG THE EAST 1-{NE CF SANG GFFICTAL RECORDS. BOOK, A DISTANCE OF 54.00 FEE{, TO A POINT Oq THE NORTI{ LINE OF A ROADWAY EASEMENT (100' WIDE) AS PER SAID PLAT; THENCE OF SAt= S.119'31''W., ALONG ROADWAY7EASEMENT (6D'EWI E); THENCE N.00'27' 5V., AL NG -ITHE EAST FEET, TO LINE OFHSAM THE EAST ROADWAYNEASE/SENT X IBIT (60' W)DE), A DISTANCE OF 64.00 FEET. TO THE POINT OF BEGINNING; rr _ CONTAINING 9,617 SQUARE FEET, MORE +" of OR LESS. ' �°atlwt�R i QMMD1 P°E W♦� M°RIN 4M WTUII - . WAVE . 4MalD,F raa -rMYD 4OA6Ored ttr4R t4 DA im saonMRti.R S7i7[4 lean) red RMM�L. teat 2aRG SKETCH do DESCRIPTION ONLY a � DD 1 °° Br � °' NOT A BOUNDARY SURVEY 019 G W ew'rr of 3CA1 1' =BG 11 —� 2_ i FOR: COLDER COUNTY COVERNUENT BDA11D OF COUNTY CONMMS10NERS - MO1 """M UC °1 SM&T SE A QUM rullwam sm er Sft • nona. 9cwtno nmrESS WAE Sur var Ata m-KAL GOLDEN GATE PAlWY,AY IMPRDVGMEKIM - SKETCH k DESCRIPTION DP: I'LHPETUAI. NON- EXCLUSIVE; ROAD c Sur 1 tirvc RIGflT- OF -YfAY, DRAINAGE AND UTILITY 7idSEMEN? L • I PARCEL 122 "%bwv „NtORSesltts6tmcrvAStRtg3Tc HAn-do FGORWA34I" COLLIER COUNTY, FLORIDA Ph Orgw•12°T P[t01)1642 -TD16 1-D NM. awe JOB NUWBER I REVISION I SECTION I TOWNSr0 RANGE SCAt.E IlAl f DRAWN DY FRE NAME SHEET Di -0015.11 2 30 4q 26 i'. BO• a -29 -01 REC 3015sx122 1 Dr 1 INIIEX NO.: A.P 22, 2002 - 11:2.1:41 Y•ti,1onA Pm;cctr R21n I -LA IS\MSr.­ r_ a -=i.. o2 \oor- f5Kt22 °�q PC� MO.___ Z — PRP Agenda Item No. 16K1 + NON- EXCLUSIVE December 13, 2005 CRAINAG .jW6 UTILJTY EASEMENT Page 12 of 13 EXHIBIT A fr~$ AAC .WD O" $00H ,IOMCA 1 OATW -, 330 (PLAT) .. "iti9'31.0.S�1T 14,CC ' COOR91RFlE iT91ElI iw161 TOR rw9mF 4091 TRACT 38 I vwuoi TAYLOR TRACT 54 to"t DIE 02/150 2/1 0 02/150 OR 43t2/935T 4 �n • NOT A BOUNDARY SURVEY --1 nwvESawMw. s[umtiw a u+rrrw umm aT4 nay t� fjrwq srgs �l'+•" ST Y0T `Y1° %..wA'm +.-- „"rLis•"wlJ°m swgsSm sEa ttt GOLDEN AB 0 rlOew REpsTOKO mwttomft san[rOR ao uurM UNIT 29 GOLDEN GATE PARKITAY IMPNOVEMENTS N PUT 800Y PACE 57 1 rn g SKETCII & DESCRIPTION OF: A 10' InDs D,E, & U,g, A 10' `MDE ORNNAG£ ! sc UTILITY PARCEL 822 P RCA 822. - $ 4TH` 1 3,160 SQ. 1t 3WONORTT[lIORSrSi1Qfi 8RN! SVTTBZT9 CDI.EIM COUNTY. FLORIDA " ^^�•MDx1OA1 +Iq+ ` v OPaSGO RtCVfT-OF -RAY ' //% pl lw r}wasn r 4pa4 -TOSa IA r: [ N RBQ•vv"E 10.86' ' .lOfl EIUMBER S9 /Y . SI EW" / SKE PAM SECTLOM TawuSfµp AANG♦r SCtiLE DATE GOLDEN GATE PARKWAY (CR a86) r1I.E NAME SfEE7 ,K.�P... Lwac"T x911 rut 01- 0015.11 2 sr CORNER I } w.w �,.qq TRACT 33 J 49 j 26 wtuNe or 3WWCY ...,,. 9 -Id ^02 REC. s' INDIA NO.; S-A IA TOOT - OD= +O AI•V1 d lhO,r -t•S R7107 -[Nl lril n4rglN,�.:e,..1 l.... A -?i• a ?loutl!R(u ^t.d,•q LEGAL DESCRIPTION FOR PARCEL 822 A PORTION Or TRACT 53, GOLDEN CATE ESTATES, UNIT 20 AS RECORDED IN PLAT BOW 7• PAGE 57 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA SITUATE h SECTION 30, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. 941.0 ,THE EASTERLY 10.00 FEET OF THE WESTERLY 40.00' FEET OF THE SOUTHERLY ESS 640.00 FEET OF SAID TRACT 53, L THE SDUTHERLY 114:00 FEET THEREOF. CONTAINWG 5,260 SQUARE FEET, MORE OR LESS. ::2 of 3 fr~$ AAC .WD O" $00H ,IOMCA 1 OATW .. JVAJJ �$N -fM ApA*lMDa SINE PLOrt COOR91RFlE iT91ElI iw161 TOR rw9mF 4091 to"t OF SKETCH k DESCRIPTION ONLY woe ���' NOT A BOUNDARY SURVEY --1 nwvESawMw. s[umtiw a u+rrrw umm aT4 nay t� fjrwq srgs �l'+•" FOR: COLLIER COUNTY GOVERNMENT 904RD OF COUNTY CDUMMSIONERS Y0T `Y1° %..wA'm +.-- „"rLis•"wlJ°m swgsSm sEa ttt 0 rlOew REpsTOKO mwttomft san[rOR ao uurM GOLDEN GATE PARKITAY IMPNOVEMENTS SKETCII & DESCRIPTION OF: A 10' InDs D,E, & U,g, PARCEL 822 4TH` 3WONORTT[lIORSrSi1Qfi 8RN! SVTTBZT9 CDI.EIM COUNTY. FLORIDA " ^^�•MDx1OA1 +Iq+ pl lw r}wasn r 4pa4 -TOSa IA r: [ N ' .lOfl EIUMBER REVISION SECTLOM TawuSfµp AANG♦r SCtiLE DATE DRAWN BY r1I.E NAME SfEE7 01- 0015.11 2 30 49 j 26 L'. HO' 9 -Id ^02 REC. 0615SKS22 T Jr I INDIA NO.; S-A IA TOOT - OD= +O AI•V1 d lhO,r -t•S R7107 -[Nl lril n4rglN,�.:e,..1 l.... A -?i• a ?loutl!R(u ^t.d,•q PARCH!- 140. �^ �� ' EXCLTIVE ANCHOR EASEMENT EKHII3IT A TRACT 38 {I N0011'55'N 50.00' PoLvr or N553Y15 46.00,7 - I� a IN SECTION 30, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLUER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, COMMENCE AT THE SOUTHWEST CORNER OF SAID TRACT 53. THENCE N.00'27'55W., h ALONG, THE WEST LINE OF SAID TRACT 53. A DISTANCE OF 35a.49 FEET; THENCE N.89'32'05 "E., A DSTANCE OF 40.00 FEET TO THE POINT OF SECINNING; @� 'j}l B i m THENCE N.00- 27'55 -W- A DISTANCE OF 10.00 FEET; THENCE. N.89-32'05'E., A -E., DISTANCE OF 30.00 FEET; THENCE S.0172755 A DISTANCE OF 10.00 FEET; THENCE S.89'32'05"W., A DISTANCE OF 30.00 FEE' TO THE POINT OF BEGINNING; U 4 1 (F"T) YAWCh utLnR OR 602 /t60i 4R 2742/2357 , N89'S1'DS'i 3DD0' I 11`�.�- .�5atr2 ?'s5'E w.00 `— SRW32'05"W =Mr A 10' WE ANCHOR EASEMENT PARCEL S22 ]DO .q. It. UNIT 29 7RAC 53 GOLDEN GA E ESTATES PUS WOk j 01"C ST RIGHT -aF -war _N CATE PARKWAY (CR 655) RpoliAAr EAR" PEA Nn d+sUM OF SURVEY I 7+ /5r " St7CIAU: 102 PAIN :.-a TRACT 54 W ,y E 8 no tku%li T wo a lwws- 15.637 s , IL g s TAMT Slt D' s Agenda Item No. 16K1 December 13, 2005 Page 13 of 13 LEGAL DESCRIPTION FOR PARCEL 922 A PORTION OF TRACT 53, GOLDEN GATE ESTATES, UNIT 29 AS RECORDED IN PLAT EIODK 7, PAGE 57 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA SITUATE IN SECTION 30, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLUER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, COMMENCE AT THE SOUTHWEST CORNER OF SAID TRACT 53. THENCE N.00'27'55W., h ALONG, THE WEST LINE OF SAID TRACT 53. A DISTANCE OF 35a.49 FEET; THENCE N.89'32'05 "E., A DSTANCE OF 40.00 FEET TO THE POINT OF SECINNING; @� 'j}l B THENCE N.00- 27'55 -W- A DISTANCE OF 10.00 FEET; THENCE. N.89-32'05'E., A -E., DISTANCE OF 30.00 FEET; THENCE S.0172755 A DISTANCE OF 10.00 FEET; THENCE S.89'32'05"W., A DISTANCE OF 30.00 FEE' TO THE POINT OF BEGINNING; CONTAINING 300 SQUAB£ FEET, MORE OR LESS. MCA-" Na 1wt0 ca rat" AIIMIM 01dYY - pu.tt) SM -ros0 ArttR %Vfl STATE PINQ •. • . mmrorwt i WA (atu) mS nonek EAST SKETCH k DESCRIPTION ONLY o 40 loo sty r` 131:11 a ND7 A BOUNDARY SURVEY nAOa)# y n w wsEI" otRr UcIuTSm59rtwMx t S11U11 I1 WM k uwnn SCALE I -r80' t:ta.+.s aAtto q -/$ -DZ fOM COILFN COUNTY GOKERNNENT RGAR0 OF COUNF1 CUUM1MSIONERS �°:� eECtStptiu ys,t q'"E .'y, „'""'�O,p � 3M OF GOLDEN GATE PARK7IAY IMPROVEMENTS SKETCH k DESCRIPTION DF: A I0' W2DE ANCHOR CASEMENP EVEAV�- PARCEL 929 COLLIER COUNTY, FLORIDA wwtax"AMJ FUMI A1410utrssatP mim >5 YL.�LIIIA xIw "I"s. �rxticnLsw ir,tMlfitR702� [b N", 6K7 J08 MUAIeEA REVISION SECTON YOwlISHIP RANGE SCALE GATE DRAWN BY FILE NAME 571EET Qi- QOt5.i1 2 30 AO 26 t "� 80' 9 -I6-02 REC 001 S5K9i2 1 Of t INOE71 NO.: S"P t8 9002 - tt:02,02 A NL-4 P.ti -t. R2\0- 00)5-%J.V%r m r-= 0- 26- ;17�p015SNDY7,J.y Agenda Item No. 16K2 December 13, 2005 Page 1 of 2 EXECUTIVE SUMMARY Recommendation that the County assume the defense of Frederick Gonzalez in Department of Health v. Frederick Gonzalez, Bureau of Emergency Medical Services, State of Florida, Case No. 2002 -0720 arising out of and during the course of his employment with Collier County pursuant to Collier County Resolution No. 95 -632. OBJECTIVE: Board of County Commissioners approval that the County assume the defense of Frederick Gonzalez in Department of Health v. Frederick Gonzalez, Bureau of Emergency Medical Services, State of Florida, Case No. 2002 -0720 arising out of and during the course of his employment with Collier County pursuant to Collier County Resolution No. 95 -632. CONSIDERATIONS: On July 14, 2001, Frederick Gonzalez, a paramedic with Collier County EMS, was transporting a grossly obese woman to the hospital as the result of an emergency medical call. During the transportation of the woman, Frederick Gonzalez, the driver of the EMS vehicle, was involved in a one vehicle accident on a wet roadway. As a result of the accident, the woman was injured and transported to the hospital in another vehicle and sometime thereafter died of her injuries. On August 15, 2005, the above - captioned administrative complaint was filed by the Department of Health against Frederick Gonzalez alleging that he violated his duties as a paramedic. Upon receipt of the complaint, Frederick Gonzalez and his attorney requested the County to assume his defense -- in accordance with Collier County Resolution No. 95 -632. Although Frederick Gonzalez is now a former employee of Collier County, the incident occurred while lie was performing his duties during the course of his employment. Under the circumstances of this individual request, the County Attorney and the County Administrator request that the County Attorney be authorized to assume the defense of Frederick Gonzalez. Additionally, this would be a more cost effective way to handle the matter than allowing private counsel to represent Mr. Gonzalez. FISCAL IMPACT: Funds are available from the budget of the Fund 490. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. RECOMMENDATION: That the Board of County Commissioners pursuant to the policy of Collier County Resolution No. 95 -632, authorize the County Attorney to assume the defense of Frederick Gonzalez in the case entitled Department of Health v. Frederick Gonzalez, Bureau of Emergency Medical Services, State of Florida, Case No. 2002 -0720. PREPARED BY: William E. Mountford, Assistant County Attorney Agenda Item No. 16K2 December 13, 2005 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number, 16K2 Item Summary: Recommendation that the County Assume the defense of Frederick Gonzalez In Department of Health v. Frederick Gonzalez, Bureau of Emergency Medical Services, State of Florida, Case No. 2002 -0720 arising out of and during the course of his employment with Collier County pursuant to Collier County Resolution No. 95 -632. Meeting Date: 12113.2005 9:00:00 AM Approved By David C. Weigat County Attomey Date County Attorney County Attomey Office 111281200510:29 AM Approved By Dan E. Summers Bureau of Emergency 9arvices Director Daft County Managers Office Bureau of Emergency Services 111201200510:48 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 1 112912 00 5 4:59 PM Approved By Michael Smykowaki Management & Budget Director Date County Managers Office Office of Management & Budget 11129120054:39 PM Approved By Leo E Ochs, Jr. Deputy County Manager Data Board of County County Managers office 1113012005 2:04 PM Commissioners Agenda Item No. 16K3 December 13, 2005 Page 1 of 11 EXECUTIVE SUMMARY Request by the Collier County Industrial Development Authority for approval of a resolution authorizing the Authority to make a loan to Naples Community Hospital pursuant to a Master Financing Agreement approved by the Authority and the Board in 1997 for the purpose of financing the purchase by the hospital of certain medical and other equipment used by the hospital in its health care operations OBJECTIVE: To accomplish the necessary approvals to authorize a proposed loan by the Collier County Industrial Development Authority to Community Healthcare Inc. to be used to finance the lease purchase of medical and related equipment to be used by the hospital in its health care operations. CONSIDERATIONS: The Collier County Industrial Development Authority (the "Authority ") has been requested by Community Healthcare, Inc. (Naples Community Hospital, hereinafter "the hospital ") to finance the purchase by the hospital of medical and related equipment through a tax - exempt financing technique available to qualifying not - for - profit hospitals. Using this technique, an authority with the power to issue tax- exempt securities enters into a financing agreement with a lender, with the not - for - profit hospital as the obligor on the loan. The requested loan is the third equipment purchase by the hospital under this program. In August, 1997, the Authority entered into a Master Financing Agreement among the Authority as Issuer, G E Capital Public Finance, Inc., as Lender, and the hospital as Obligor. The Authority entered into the Master Financing Agreement after considering the application for financing and conducting an advertised public hearing which afforded members of the public an opportunity to comment on the transaction. No member of the public commented or objected. As is the case with all financings or this type, the Board of County Commissioners authorized the Authority to enter into the transaction by Resolution 97 -330, adopted by the Board on August 26, 1997. The 1997 master agreement contemplated and was structured for additional loans under the master agreement. A second loan under this program was made in September, 1999, after approval by the Authority and approval by the Board of County Commissioners by Resolution 99 -354 adopted September 14, 1999. As a result, the hospital purchased certain equipment, including, but not limited to, diagnostic imaging equipment, computer hardware and software, surgical, x -ray, nuclear medicine, ultrasound, cardiac and ancillary equipment. The current request is for a loan to make additional medical equipment purchases. Major items to be purchased includes additional major equipment including cardiac catheterization, diagnostic imaging, and surgical equipment and other medical and related equipment. The Master Financing Agreement provides that the hospital is the obligor on the loan, that the obligor is solely responsible for all payments, and that no taxes or other revenues of either Collier County or the Authority are pledged and that no liability for default may be placed on Agenda Item No. 16K3 December 13, 2005 Page 2 of 11 Collier County or the Authority are pledged and that no liability for default may be placed on either the Authority or the County, its officers, employees, and agents for any expenses or damages in the event of a default, including payment of attorney's fees. These are the same provisions that are included in all financing resolutions of the County's financing authorities. There have been no defaults on any of the previous loans Federal tax law requires that the Authority hold a hearing and that members of the public be afforded an opportunity to express their views on the proposal. A hearing was held on December 12, 2005, pursuant to a notice in the Naples Daily News published on November 28. No members of the public appeared at the hearing to express objections to the proposal. At the hearing, the Authority considered the application and approved the financing. The second requirement of Federal tax law is that the local governing body consent to the financing. This does not have to be a specially advertised hearing, but must be done at a regular meeting of the Board. A proposed resolution for the Board to signify approval is attached. A copy of the Authority's approving resolution is attached as Exhibit A to the proposed Board resolution and the Authority's approving resolution contains a copy of the published notice as Exhibit A. FISCAL IMPACT: This program does not require any contribution from the Board of County Commissioners or any other county agency, and the approval of this financing will have no impact on the County's debt financing. GROWTH MANAGEMENT IMPACT: The adoption of the attached resolution will have no adverse growth management consequences, but it will have positive effects. While medical facilities are not, at least in the case of Collier County where the hospitals are private, public infrastructure elements, there can be no doubt that adequate medical care facilities to serve a growing population has a positive growth management impact. RECOMMENDATION: The Board of County Commissioners adopt the attached Resolution. Prep by: onald A. Pick orth, Counsel Collier County Industrial Development Authority Approved by: David C. Weigel, o ty A Cy Agenda Item No. 16K3 December 13, 2005 Page 3 of 11 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. 15K3 Item Summary' Request by the Collier County Industrial Development Authority for approval of a Resolution authorizing the Authority to make a loan to Naples Community Hospital pursuant to a Master Financing Agreement approved by the Authority and the Board In 1997 for the purpose of financing the purchase by the hospital of certain medical and other equipment used by the hospital in its health care operations. Meeting Date: 12H312005 9:00:00 AM Approved By David C. Weigel County Attorney Data County Attorney County Attorney Office 12121200510:18 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Wce of Managemant & Budget 1 212120 06 12:09 PM Approved By Michael Stttykevmki Management & Budget Director Date County Manager's Office Office of Management & Budget 12121200512:25 PM Approved By James V, Mudd County Manager Date Board of County County Manager's Office 121312005 1 0:49 AM Commissioners Agenda Item No. 16K3 December 13, 2005 Page 4 of 11 RESOLUTION 2005- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PURSUANT TO CHAPTER 159, FLORIDA STATUTES, AS AMENDED; AUTHORIZING THE COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY TO MAKE A LOAN TO NAPLES COMMUNITY HOSPITAL, INC. IN AN AGGRETATE PRINCIPAL AMOUNT NOT TO EXCEED $15,000,000 FOR THE PURPOSE OF FINANCING THE PURCHASE OF CERTAIN EQUIPMENT; AUTHORIZING THE AUTHORITY TO ENTER INTO A SCHEDULE TO A MASTER FINANCING AGREEMENT AMONG THE COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY, AS ISSUER, G.E. CAPITAL PUBLIC FINANCE, INC., AS LENDER, AND NAPLES COMMUNITY HOSPITAL, INC., AS OBLIGOR; AND PROVIDING AN EFFECTIVE DATE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: Section 1. Recitals. It is hereby found, ascertained, determined and declared that: A. The Collier County Industrial Development Authority (the "Issuer ") is a public corporation of the State of Florida, was duly created by Resolution R -79 -34 of the Board of County Commissioners of Collier County, Florida, and is a body corporate and politic duly created and existing as a local governmental body and a public instrumentality for the purpose of financing qualifying projects in Collier County, Florida (the "County "), under and by virtue of Chapter 159, Florida Statutes, as amended (the "Act "), to provide to the making of, and to issue and sell its obligations for lawful purposes under the Act; B. The Issuer has declared in the IDA Resolution as herein defined that (i) it has heretofore executed the Master financing Agreement, dated as of September 1, 1997 (the "Master Financing Agreement "), by and among the Issuer, G.E. Capital Public Finance, Inc., as Lender, and Naples Community Hospital, Inc. (the "Corporation "), as obligor, pursuant to which the Issuer will make a Loan (as defined in the Master financing Agreement) to the corporation for financing the purchase of certain equipment, and the making of certain renovations for the installation thereof, to be used by the Corporation in its health care operations, and for financing certain expenses in connection with such Loan and (ii) that it has held a public hearing on December 12, 2005, which public hearing was duly conducted upon reasonable public notice, a copy of said notice being attached to the IDA Resolution as defined herein. C. The Issuer has recommended and requested that the Board of County Commissioners approve the Issuer's making of the Loan so that the interest on the Loan will be exempt from federal income taxation under the Internal Revenue Code of 1986, as amended. A copy of the Resolution adopted the Issuer on December 12, 2005 (the "IDA Resolution ") in connection with such Loan is attached hereto as Exhibit A. Agenda Item No. 16K3 December 13, 2005 Page 5 of 11 D. The purposes of the Act will be effectively served, and it is necessary and desirable and in the best interest of the County that the making of the Loan be approved by the Board of County Commissioners. E. The Loan shall not constitute a debt or a pledge of the faith and credit of the Issuer or the County, or any agency thereof, and neither the Issuer, the County nor any agency thereof shall be liable thereon; nor in any event shall the Loan be payable out of any funds or properties other than as provided in the Master Financing Agreement. No member of the Board of County Commissioners or any officer thereof shall be liable personally on the Loan. F. The Board of County Commissioners is the elected legislative body of Collier County, Florida for the purposes of Section 147(f) of the Internal Revenue Code of 1986, as amended. Section 2. Approval of Making the Loan. For the purposes of Section 147(f) of the Internal Revenue Code of 1986, as amended, the making of the Loan as contemplated by the IDA Resolution in an amount not to exceed $15,000,000 is hereby approved; however, this approval shall in no way be deemed to abrogate any regulations of the County and the project contemplated by this Resolution shall be subject to all such regulations, including, but not limited to, the County's Growth Management Plan and all concurrency requirements contained therein and the Collier County Land Development Code. Section 3. Effective Date. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED this 13th day of December 2005. (SEAL) ATTEST: Dwight E. Brock, Clerk Deputy Clerk Approved as to form and legal sufficiency: David C. Weigel, Coun y At y COLLIER COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS Fred W. Coyle, Chairman Agenda item No. 16K3 December 13, 2005 Page 6 of 11 RESOLUTION 2005 -03 RESOLUTION AUTHORIZING THE MAKING OF A LOAN TO NAPLES COMMUNITY HOSPITAL, INC., IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $15,000,000, FOR THE PURPOSE OF FINANCING THE ACQUISITION OF CERTAIN EQUIPMENT AND AUTHORIZING THE EXECUTION OF A SCHEDULE TO A MASTER FINANCING AGREEMENT AND RELATED DOCUMENTS; PROVIDING AN EFFECTIVE DATE BE IT RESOLVED BY THE COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY: Section 1. Findings. It is hereby found, determined and declared that: (a) The Collier County Industrial Development Authority (the "Issuer ") is a public corporation of the State of Florida, was duly created by Resolution R -79 -34 of the Board of County Commissioners of Collier County, Florida, and is a body corporate and politic duly created and existing as a local governmental body and a public instrumentality for the purposes of financing qualified projects in Collier County, Florida (the "County "), under and by virtue of Chapter 159, Florida Statutes, as amended (the "Act ") by the issuance and sale of its obligations for lawful purposes under the Act; (b) Naples community Hospital, Inc. (the "Corporation ") is a Florida not -for- profit corporation, which owns and operates hospitals and other health- related facilities located in the County; (c) The Corporation desires to finance the cost of acquiring certain capital equipment (the "Equipment "), and making certain renovations for the installation thereof, for use in or in connection with the health care facilities of the Corporation at Naples community Hospital, which is located at 350 7ffi Street North, Naples, Florida, and North collier Hospital, which is located at 11190 Health Park Boulevard, Naples, Florida; (d) The Issuer has received an application of the Corporation pursuant to which the Corporation has requested that the Issuer provide assistance in connection with the financing of the Equipment and the renovations necessary for the installation thereof, including the payment of certain expenses incurred in connection with obtaining such financing, all as more particularly described in and subject to that certain schedule dated as of December 1, 2005 or such other date as may be approved by the Authority (the "Schedule ") to the Master Financing Agreement, dated as of September 1, 1997 (the "Master Financing Agreement "), by and among the Issuer, the Corporation and GE Capital Public Finance, Inc. or its successors ( "GECPF" ), pursuant to which GECPF will Agenda Item No. 16K3 December 13, 2005 Page 7 of 11 provide funds to the Issuer to make a loan (the "Loan") to the Corporation for such purposes; (e) In order to satisfy the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended, the Issuer did on the date hereof hold a public hearing, which public hearing was duly conducted upon reasonable public notice, a copy of which notice is attached hereto as Exhibit A and at such public hearing interested individuals were afforded the opportunity to express their views, both orally and in writing, on all matters pertaining to the Equipment and the renovations necessary for the installation thereof and to the financing and the making of the Loan; (f) At said hearing, no person spoke or wrote in opposition to the Equipment and the renovations necessary for the installation thereof or the financing and the making of the Loan; (g) The purposes of the act will be effectively served by the making of the (h) There has been presented to this meeting an executed counterpart of the Master Financing Agreement and the proposed form of the Schedule; (i) The Equipment and the renovations necessary for the installation thereof constitute a project eligible for financing under the Act; 0) Due to the volatility of the tax- exempt bond market, it is necessary and desirable and in the best interests of the Issuer and the Corporation to enter into a negotiated transaction with GECPF; (k) The Corporation is financially responsible and fully capable of fulfilling its obligations under the Master financing Agreement and the Schedule and performing such other responsibilities as may be imposed upon it under the Master Financing Agreement and the Schedule; (1) Adequate provision is made in the Master Financing Agreement and the Schedule for the installation, operation, repair and maintenance of the Equipment and the renovations necessary for the installation thereof at the expense of the Corporation and for the payment of principal of and interest on the Loan; and (m) It is now desirable to authorize the making of the Loan and the execution and delivery of certain documents in connection therewith. Section 2. Making of Loan Authorized; Approval of Form and Execution and Delivery of the Schedule. The making of the Loan as contemplated by the Master Financing Agenda Item No. 16K3 December 13, 2005 Page 8 of 11 Agreement and the Schedule, in a principal amount not to exceed $15,000,000, at an interest rate not to exceed 9% per annum or such other rate as may be approved by the Authority, is hereby approved. The form of the schedule as presented to this meeting is hereby approved and the Chairman or the Vice Chairman is authorized to execute and deliver the Schedule in substantially the form thereof presented to this meeting, with such changes, insertions, modifications and deletions as shall be necessary to conform to this Resolution and with such other changes, insertions, modifications and deletions as may be required by Bond Counsel or the General Counsel of the Authority and which shall be approved by the chairman or Vice Chairman (which approval shall be conclusively presumed from the execution thereof). The Issuer hereby recommends and requests that the Board of County Commissioners of the County approve the making of the Loan. Section 3. Actions of Officers. All actions of officers of the Issuer heretofore taken in conformity with the purposes and intent of this Resolution and in furtherance of the making of the Loan and the financing of the Equipment and the renovations necessary for the installation thereof are hereby approved and confirmed. The officers, employees and agents of the Issuer are hereby authorized and directed to take such further actions in conformity with the purposes and intent of this Resolution and in furtherance in the making of the Loan and the financing of the Equipment and the renovations necessary for the installation thereof as may be necessary or desirable. Such officers, employees and agents of the Issuer are hereby authorized and directed to execute such closing certificates and documents relating to the Loan as may be requested by Bond Counsel, including, but not limited to, an Escrow Agreement and a Tax Certificate setting forth the expected use and investment of the proceeds of the Loan in order to show, among other things, that such expected use and investment will not violate the provisions of Section 148 of the Internal Revenue Code of 1985, as amended. Section 4. Effective Date. This Resolution shall take effect immediately upon its adoption. ADOPTED December 12, 2005. COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY By /s /J.R. Humphrey J. R. Humphrey, Chairman Attest: /s/ Donald A. Pickworth Assistant Secretary Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News ----------------------------------- + ------ - - - - -- PICKWORTH, DONALD P.A. 5150 TAMIAMI TRL N #502 NAPLES FL 34103 REFERENCE: 010764 59143725 Notice of Special Me State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper ublished at Naples, in Collier County, Florida: tpat the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED ON: 11/28 11/28 AD SPACE: 166.000 INCH FILED ON: 11/28/05 -------------------------------- Signature of Affiant Sworn to and Subscribed before me this day of 12zen2 20ZZ_� Personally known by me A •, Harriett Bushong A MYCOMMISSION4 007,34689 EXPIRES July 24, 2007 .f Y., BON �iHD117'MVFA p,NMin,�,r •Aif EXHIBIT A TO IDA RESOLUTION Agenda Item No. 16K3 December 13, 2005 Page 9 of 11 wt w . Agenda Item No. 16K3 December 13, 2005 Page 10 of 11 DONALD A. PICHWORTH, P.A. ATTORwzy AT LAw SUITS 502 NnwoATE TOWER 5150 NORTH TAMIADSI TRAU. NAPLEs, FLORIDA 34103 e -mail: picklaw®eartblink net (239) 263 -8060 December 1, 2005 FAX (239) 598 -1161 David C. Weigel, Esquire Collier County Attorney Collier County Courthouse/Bldg F Naples, FL 34112 Re: December 13, 2005 Agenda Dear David: I am enclosing the following documents for inclusion in the December 13, 2005 Agenda: 1. Executive Summary relating to approval of Industrial Development Authority loan to Naples Community Hospital for purchase of medical and related equipment. 2. Resolution to be adopted by the Board of County Commissioners at the Board meeting of December 13, 2005 approving the loan. 3. Exhibit to the County Resolution consisting of the approving Resolution to be adopted by the Authority and containing the Affidavit of Publication for the required TEFRA hearing conducted by the Authority. As set forth in the Executive Summary, this is the third loan under a master financing agreement approved by the Authority and the Board in August, 1997. However, each loan under this program requires a new TEFRA hearing (conducted by the Authority) and a new approval by the Board. Since we have been placing these items on the Consent Agenda, I would request that this also be on Consent. The transaction is set to close on or before December 23, so if there are any concerns, please let me know. Thank you for your assistance in this, and if you have any questions or need further information, please contact me. Please note that this material is being submitted in advance of the Authority meeting to be held on December 12. If the Authority does not adopt the approving resolution, I will notify you Agenda item No. 16K3 December 13, 2005 Page 11 of 11 immediately and request that this be pulled from the December 13 BCC Agenda. After the Authority meeting, I will bring over a signed copy of the IDA Resolution so that the Exhibit to the BCC Resolution will be a signed copy. Very my yours, Donald . Pickworth Enclosures Agenda Item No. 17A December 13, 2005 Page 1 of 5 EXECUTIVE SUMMARY RECOMMENDATION TO AMEND ORDINANCE 93 -56, AS AMENDED, AND CODIFIED IN THE CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY, FLORIDA, AS CHAPTER 14, ARTICLE II, WHICH REGULATES AND CONTROLS ANIMALS WITHIN THE AREA OF COLLIER COUNTY, SPECIFICALLY AMENDING SECTION 14 -34, PERTAINING TO LICENSE CERTIFICATION AND RABIES VACCINATIONS FOR DOGS, CATS, AND FERRETS, INCREASING LICENSE COSTS, AND PROVIDING AN EFFECTIVE DATE. OBJECTIVE: For the Board of County Commissioners to adopt the attached ordinance which amends Ordinance 93 -56, as amended, and codified in the Code of Laws and Ordinances of Collier County, Florida, as Chapter 14, Article II, to achieve compliance with §828.30, Florida Statutes, as amended. Further, the amended ordinance will increase license fees for non - neutered dogs or cats one year or older as authorized by the current ordinance. CONSIDERATIONS: §828.30, Florida Statutes, has been amended to address rabies vaccination requirements for dogs, cats, and ferrets. The amended statute allows for rabies vaccinations either annually or every three years based on the manufacturer's recommendation. As such, Collier County must amend County Ordinance 93 -56 for compliance with §828.30, Fla. Stat., as amended. In addition to this amendment, DAS staff recommends that the ordinance also be amended to increase certain license fees to promote -- responsible pet ownership and responsible pet breeding. The fee being increased is for non - neutered dogs and cats which are breeding pets or show pets, and the reason is to promote responsible neutering of dogs and cats to help Collier County with the stray animal population. This amended ordinance must go into effect on January 1, 2006, to achieve compliance with §828.30, Fla. Stat. FISCAL IMPACT: There will be a positive fiscal impact of approximately one thousand dollars ($1,000.00) annually for DAS associated with this amendment. This amendment increases license fees for non - neutered dogs or cats one year or older. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners adopts the attached amendment of Ordinance 93 -56, as amended, and as codified in the Code of Laws and Ordinances of Collier County, Florida, Chapter 14, Article II, Section 14 -34. PREPARED BY: Margo Castorena, Director, Domestic Animal Services Colleen M. Greene, Assistant County Attorney Agenda Item No. 17A December 13. 2005 Page 2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. 17A Item Summary: Recommendation to amend Ordinance No. 93.56. as amended, and codified in the Code of Laws and Ordinances of Collier County, Florida, as Chapter 14, Article It, which regulates and controls animals within the area at Collier County, specifically amending Section 14 -34. pertaining to license certI icatlon and rabies vaccinations for dogs, cats, and ferrets, increasing license costs, and providing an effective date. Meeting Date: 1213/2005 9:00:00 AM Prepared By Colleen Greens Assistant County Attorner Date County Aftomey County Attorney Office 1112212005 2:60:15 PM Approved By Kathy Carpenter Executive Secretary Date Public Services Public Services Admin. 1112212005 2:41 PM Approved By Margo Cutorerra Director Data Public Services Domestic Animal Services 11/26/2005 3:41 PM Approved By Mena Ramsey Public Services Administrator Deft Public Services Public Services Admin. 1112912005 11:36 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management d Budget 11129/2005 2:23 PM Approved By Michael Smykowski Management S Budget Director Date County Manager's Office Office of Managemant R Budget 1112912006 3:05 PM Approved By Leo E. Ochs, Jr. Deputy County Manager Daft Board of County County Manager's Office 12M/2005 3:29 PM Commissioners Agenda item No. 17A December 13, 2005 Page 3of5 ORDINANCE 2005- AN AMENDMENT OF ORDINANCE 93 -66, AS AMENDED, AS CODIFIED IN THE CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY. FLORIDA, CHAPTER 14, ARTICLE 11, WHICH REGULATES AND CONTROLS ANIMALS WITHIN THE AREA OF COLLIER COUNTY, AMENDING SECTION 1.4 -34, PERTAINING TO LICENSE CERTIFICATION AND RABIES VACCINATIONS FOR DOGS, CATS, AND FERRETS, INCREASING LICENSE FEES, AND PROVIDING AN EFFECTIVE DATE. 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 enforcing regulations and ordinances for the protection of the public; and WHEREAS, the Board of County Commissioners of Collier County, Florida (Board) has adopted Ordinance 93 -56, as amended, known as License certificate; tags, vaccination required, which requires owners of dogs and cats to obtain county licences for the animals and to have the animals vaccinated yearly; and WHEREAS, the Florida Legislature has amended § 828.30, Florida Statutes, which requires rabies vaccination of all dogs, cats, and ferrets; and WHEREAS, the Board has determined that it is necessary to amend Collier County's local animal regulations to be consistent with § 828.30, Florida Statutes, WHEREAS, the Board has determined, based on recommendations of County Staff, that the license fees for non- neutered dogs or cats one year of age or older may be increased in the best interests of the County, to promote responsible pet ownership, responsible pet breeding, and to assist with administrative costs. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that Ordinance 93 -56, as amended, and codified as Section 14 -34 in the Code of Laws and Ordinances is amended as follows: Agenda Item No. 17A December 13, 2005 Page 4 of 5' SECTION ONE,. Article 11, Sec. 14-34, License certificate; tags, vaccination required, of the Code of Laws and Ordinances of Collier County, Florida, is amended as follows: See. 14-34. License certificate; tags, vaccination required, (a) Any owner of a dog or cat shall obtain a county license for each such animal when the animal is f s�,g time months old or older. (1) The license will be issued for a period of one year and is required to be renewal annually thereafter and must remagin ctmi —mt as timgL, (2) The certificate of license shall contain the name of the owner, address, breed, sex and color of each animal, or other descriptive data. (3) A Hm" tag designating the year of issue and license number shall be issued. (4) The metal tag shall be affixed to the animaI's collar or harness at all times, except when the animal is confined, securely fenced or participating in an organized match, show, trial, or obedience training. (5) The license issued under this section shall not be transferable from animal to animal nor from. owner to owner. (6) Each license and tag must be obtained from persons designated by the county administrator. License forms provided by the director of animal control for the registration and licensing of dogs and cats shall be completed and be submitted to the director of animal control. (b) Any owner of a dog, er cat, or ferret shall have such animal vaccinated annually for rabies when the animal is four tree months old or older. The owner ofd doe CIA, ferret AgIl jyve the animal rev d 12 months after the initial th " ie l be w n o m +s. directions, Every owner shall provide proof of vaccination upon demand of the health officer or his designee or any other person authorized to enforce this article. No vaccination is required if a licensed veterinarian certifies in writine that the vaccination would endanger the animal's health. (c) (1) Cost of annual license for dog or cat is: $7.00 for neutered. Weeds it *AiUW wo Wdea. wnodt auwatrwkrw q;ranc d*latw- 1 Agenda Item No. 17A December 13, 2005 Page 5 of 5 $8.00 non - neuter under one year of age, $25.00 if non - neutered and one year of age or older. 1Eeegtien. The This- annual fee shall be $25.00 &W.40 if the non - neutered dog or cat is more than one year of age and is a breeding pet or a show pet owned by a county licensed kennel or by any owner of the kennel. The animal's owner is responsible for providing proof that his or her cat or dog has been neutered, (2) Cost of obtaining duplicate tag is 54.00. (3) The cost of such license is waived for persons who are legally blind or deaf and whose dog is a seeing -eye dog, a hearing -ear dog, or a law enforcement dog certified as such by a court of law or other authorized governmental certifying agency. (4) License fees established by this article may from time to time be revised by resolutions of the board. (Ord. No. 93 -56, § 2; Ord. No. 01 -39, § 1, 6- 26-01) SECTION TWO: Effective Date. This Ordinance shall become effective on January 1, 2006. PASSED AND DULY ADOPTED by the Hoard of County Commissioners of Collier County, Florida, this - day of ATTEST: DWIGHT E. BROCK, CLERK By: , Deputy Clerk Approved as to form and legal su Ticiency: Colleen M, Greene Assistant County Attorney 2005. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: FRED W. COYLE, CHAIRMAN Words Vadtdir are added; words s;n*k4hfwi0v&re delat»d. 3 Agenda Item No. 17B December 13, 2005 Page 1 of 54 EXECUTIVE SUMMARY PUDEX- 2005 -AR -7951 Teryl H. Brzeski, represented by J. Gary Butler, of Butler Engineering, Inc., is requesting a 2 -year extension of the Pine Ridge Corners PUD. The subject property, consisting of 4.22 acres, is located north of Pine Ridge Road, 1/6 mile east of Whipporwill Lane, in Section 7, Township 49 South, Range 26 East, Collier County, Florida. OBJECTIVE: The objective of this petition is to have the Board of County Commissioners consider a request for a two -year extension of the development time limit of the Pine Ridge Corners PUD as well as ensuring that the project is consistent with all the applicable County regulations and to ensure that the community's interest is maintained. CONSIDERATIONS: Section 10.02.13.13 of the Land Development Code (LDC) requires the PUD property owner to submit an annual report outlining the progress of development one year from the date the PUD zoning was adopted by the Board of County Commissioners, and every year thereafter based on the anniversary of its adoption. For those PUD zoned projects approved prior to October 24, 2001, if on the fifth year of their adoption the authorized development has not commenced to the thresholds established by the LDC, then the PUD is "sunsetted," which means no development approvals can be granted until the PUD is extended, amended or rezoned. This procedure is commonly referred to as the sunsetting provision of the LDC. The LDC allows PUD projects to be considered for up to two, 2 -year extensions. This project is seeking approval of a second 2- year extension. The first extension was granted on September 9, 2003. The requested extension time would allow the project to have an additional two years to develop under the auspices of the existing PUD document. The project was zoned from the Estates (E) zoning district to Planned Unit Development (PUD) on June 23, 1998 to allow development of commercial uses. A preliminary plat was approved later that year, but no final development approvals have been granted. On September 9, 2003, a two -year extension was granted under Resolution Number 03 -297. According to the extension application, several things have delayed development of the tract. The petitioner states the primary reason for the delay has been insufficient time to obtain access from the Florida Department of Transportation (FDOT) and the property owner to the West. The applicant initiated the permit process with FDOT to reduce the no access zone by thirty -two feet, but the initial response from this agency requires closure of the median cut, which has now been closed. The Pine Ridge Road /I -75 interchange includes a "no access zone" that extends across most of this projects' frontage. According to the petitioner, the extension is needed to obtain access with FDOT and right-of- way permit with final Site Development Plan (SDP) approval request. Pine Ridge Corners PUD, PUDEX - 2005 -AR -7951 Page 1 of 4 Agenda Item No. 17B December 13, 2005 Page 2 of 54 Synopsis of Approved Land Uses: The PUD document that was adopted as part of the approval for this PUD contains the list of uses approved for the project. As part of this extension request, no changes are proposed to the PUD nor are any changes proposed to the Master Plan. The PUD would retain the approvals that were granted in 1998; any changes would require a separate amendment petition request. This PUD is one of several projects that are located between Livingston Woods Lane and Pine Ridge Lane that were rezoned to PUD with similar uses and limitations on the locations of some uses, access and buffering requirements. To the west are the Angileri PUD (partially developed with a gas station), the Ragge PUD (undeveloped), and the Naples Gateway PUD (partially developed with a Harley Davidson Dealership, a hotel and a restaurant). East of this project is the Clesen PUD. Immediately west of the subject site is an undeveloped Estates zoned tract of similar size. Aerial Pine Ridge Corners PUD, PUDEX- 2005 -AR -7951 Page 2 of 4 Agenda Item No. 17B December 13, 2005 Page 3 of 54 Consistency with the Collier County Growth Management Plan (GMP): The subject property is within the Estates Designation, Interchange Activity Center Sub- district, Activity Center #10, as identified on the Future Land Use Map of the Golden Gate Area Master Plan and Future Land Use Element of the Growth Management Plan (GMP). The Pine Ridge Corners PUD was approved for 4.38± acres for a full array of commercial uses (C -1 through C- 5). Interchange Activity Center #10 allows for a mixture of land uses, which may include 100 percent, or any combination thereof, of each of the following uses: the full array of commercial uses, residential and non - residential uses, institutional uses, hotel /motel uses at a density consistent with the Land Development Code, and Business Parks. No industrial uses shall be allowed in Interchange Activity Center 410. The actual mix of uses shall be determined during the rezoning process based on consideration of the same factors listed under the Mixed Use Activity Center Sub - district. No changes are proposed to this PUD and there have been no amendments to the Growth Management Plan since the time that the PUD was approved that would affect the approved uses or intensity, therefore the proposed extension may be deemed consistent with the Golden Gate Area Master Plan and Future Land Use Element of the GMP. Consistency with the Collier County Land Development Code (LDC): Section 10.02.13.D. of the LDC requires the Board of County Commissioners to make formal findings to support approval of a PUD extension request. Staff offers the following findings for consideration by the Board of County Commissioners: 1. The PUD and the Master Plan are consistent with the current Growth Management Plan, including, but not limited to, density, intensity and concurrency requirements (LDC §10.02.13.D.6.b.L). No changes have been adopted to the GMP that would make the previously approved PUD inconsistent, therefore the PUD remains consistent with the GMP. 2. The approved development has not become incompatible with existing and proposed uses in the surrounding area as the result of development approvals issued subsequent to the original approval of the PUD zoning (LDC §10.02.13.D.6.b.ii.); and No changes have occurred in this area that raise compatibility issues. The project was deemed consistent with the overall Growth Management Plan, and is therefore in compliance with specific goals, objectives, and policies of that Plan that require compatible development. Therefore, the uses approved in this PUD remain compatible with proposed uses in the area. 3. The approved development will not, by itself or in conjunction with other development, place an unreasonable burden on essential public facilities (LDC §10.02.13.D.6.b.iii.)s. The PUD document contains language that adequately addresses provisions for public facilities. Pine Ridge Corners PUD, PUDEX- 2005 -AR -7951 Page 3 of 4 Agenda Item No. 17B December 13, 2005 Page 4 of 54 FISCAL IMPACT: Extension of the PUD will have no fiscal impact upon Collier County. COLLIER COUNTY PLANNING COMMISSION (CCPQ RECOMMENDATION: PUD extensions are not heard by the CCPC. 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. A summary of the legal considerations and findings are noted below: • The proposed change has been deemed consistent with the goals, objectives, and policies and Future Land Use Map and the applicable elements of the GMP. • The proposed land uses are compatible with the existing land use pattern. • The proposed change will not create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. This project has also been deemed consistent with Policy 5.1 and 5.2 of the Transportation Element of the GMP. • The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private shall be provided. STAFF RECOMMENDATION: That the Board of County Commissioners approve the proposed two -year extension of the PUD time limit until September 9, 2007, noting that, in staffs opinion the PUD and the Master Plan are consistent with the current Growth Management Plan, including, but not limited to, density, intensity and concurrency requirements, and as further limited in the PUD document and Master Plan, the uses allowed are consistent with Policy 5.4, that requires new development to be compatible with the surrounding uses, and that the PUD document contains language that adequately addresses provisions for public facilities. PREPARED BY: Carolina Valera, Principal Planner Department of Zoning & Land Development Review Pine Ridge Corners PUD, PUDEX - 2005 -AR -7951 Page 4 of 4 Agenda Item No. 178 December 13, 2005 Page 5 of 54 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. 17B ...� Item Summary- This Rem requires that all participants be swam in and ex parts disclosure be provided by Commission members. Teryi H. Brreski, represented by J. Gary Butler, of Butler Engineering. Inc., is requesting a 2 -year extension of the Pine Ridge Corners PUD. The subject property, consisting of 422 acres, is located north of Pine Ridge Road, 1/6 mile east of Whipporwill Lane, in Section 7, Township 49 South, Range 26 East, Collier County, Florida. Meeting Date: 12/13.12006 9:00:00 AM Prepared By Carolina Veleta Urban Design Planner Deb Community Development A Zoning & Land Development Review 1112312006 10:53:32 AM Environmental Services Approved By Sandra Les Executive Secretary Date Community Development a Community Development 6 Environmental3arvices Environmental Services Admin. 11123+200611:41 AM Approved By Constance A. Johnson Operations Analyst Date Community Development i Community Development b Enviromental Services n Environmental Services Admin, 11!21206512:41 PM Approved By Susan Murray, AICP Zoning 8, Land Development Director Data Community Development L Zoning 6 Land Development Review 11128!2606 8:41 AM Environmental Services Approved By Ray Bellows Chief Planner Data Community Development 8 Zoning R Land Development Review 11!2812006 9:01 AM Environmental Services Approved By Community Development 5 Joseph K. Schmitt Environmental Services Adminstrator Data Community Development 6 Community Developments Environmental Services Environmental Services Admin. 11!28:2005 9:16 PM Approved By Norm E, Fader, AICP Transportation Division Administrator Data Transportation Services Transportation Services Admin. 111291200510:11 AM Approved By OMB Coordinator Administrative Assistant Data County Managers Office Office of Management 8, Budget 11!2912005 4:30 PM Approved By Mark Nacksnn Budget Analyst Data County Managers Office Office of Management S, Budget 11/3012005 9:55 AM Approved By Michael Smykowski Management 8, Budget Director Data County Managers Office Office of Management 6 Budget 1113012005 3d4 PM Approved By Jams V. Mudd County Manager Date Board of County County Managers Office 12102005 5:35 PM Commissioner% Agenda Item No. 17B December 13, 2005 Page 6 of 54 RESOLUTION 2005 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PURSUANT TO SECTION 10.02.13D. OF TIC COLLIER COUNTY LAND DEVELOPMENT CODE AFFECTING ORDINANCE 96-61 KNOWN AS PINE RIDGE CORNERS PUD, EX TENDING THE CURRENT PUD APPROVAL TO SEPTEMBER 9, 2007; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Pine Ridge Comers PUD, Ordinance 96 -61 adopted on June 23, 1998, (PUD) is subject to the provisions of Section 10.02.13.D., of the Land Development Code (LDC), Time Limits for Approved PUD Zoning Districts together with their respective Master Plans; and - WHEREAS, the PUD was adopted consistent with and under the provisions of the Collier . County Growth Management Plan; and WHEREAS, the Board of County Commissioners extended the Pine Ridge Comers PUD to September 9, 2005, by Resolution Number 2003 -297 on September 9, 2003; and WHEREAS, the Board of County Commissioners has reviewed the PUD and has determined to extend the current PUD Zoning for two (2) years, until September 9, 2007. NOW, THEREFORE BE IT RESOLVED, by the Board of Zoning Appeals of Collier County, Florida that: 1. The above recitals are adopted herein by reference as if fully set forth herein. 2. This Resolution shall constitute evidence of compliance with the review requirements of Section 10.02.13D. of the LDC. 3. Pursuant to the above cited LDC section, the current PUD approval is hereby extended to September 9, 2007 at the end of which time the owner shall submit to the procedures in LDC Section 10.02.13.D. This Resolution shall become effective immediately upon its approval. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board and in the records of the Petition for which the extension is granted. This Resolution adopted after motion, second and super majority vote. Done this day of , 2005. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA . BY: Deputy Clerk FRED W. COYLE, CHAIRMAN Approved as to form and legal sufficiency: Jennifer A. Belpedi Assistant County Atto y PUDEX- 2005 -AR- 7944 /CV /sp Page 1 of 1 moLo V O � � d (4 N � U � O 4) � Q rms m Aa11 nos AWN LL - 1 �wts IPA Ill z e fit �y H C 3 o , ip U - ,a V"" Fgig R its it a O sc•unwsw AWA mIpAY(g�P R ea Id a p R vAVM Will I yyy oww MausosH� a rms m Aa11 a w Q Z O F- U O co P. NN1 Yf� Q 1 Lo 0 0 N X W O 7 IL z O H H W a IPA Ill @ e fit o , G� - ,a V"" Fgig R its it a g RR sc•unwsw R ea Id a p R I oww MausosH� oor a w Q Z O F- U O co P. NN1 Yf� Q 1 Lo 0 0 N X W O 7 IL z O H H W a CO *Cr county PUD EXTENSION REQUEST Pre - Application Meeting Notes a c` 11gr , zKo 3 O Page 8 of 54 Date: 3.30.0G Time: 0:w Agent Name/Firm Name: 66,.rty� Project Name: -al& Qty (fp2NER.V 'POP Applicant's Name: 'N`'t (��'�._ Phone: �GG3G3,� Owner's Name: Prone (_- Owner's Address: 207-3 � Q��'`'� "`'"' 1 T7 < cfl Meeting Attendees: Planner: 6UW",0A VL" -� wt [r/ GgSg X4L-L•TIAfl- NIiTCC SUMITTAL REQUIREMENTS: PLEASE REFER TO THE LDC AND APPLICATION FORM FOR ADDITIONAL INFORMATION. Copies of the following: PUDEX - 2005 -AR -7951 ® Complete legal description PROJECT # 19990106 1 copy of completed Addressing Checklist DATE: 7/7/05 1 copy of 8 %a" X 11" graphic location map of site CAROLINA VALERA S POSSIBLE OTHER REQUIREMENTS, DEPENDING UPON THE SPECIFIC PROJECT: � ] Traffic Impact Statement (TIS) ❑NA- Environmental Impact Statement (EIS) p4d' ❑ Other ❑ Other so 1490 f revised: 1/8/04 ITEM # of Copies Completed Application download from website for curre -nt form 12 Copy of Approved PUD Ordinance 12 List identifying Owners and all Parties if a Corporation 2 Completed Owner/Agent Affidavit — Notarized 2 Master Plans full -size and one 8.5" x 11" 12 Aerial Photograph 2 Review Fee 51000 Legal Advertising Fee - .� For BCC $363.00 EIS Review Fee $1600 if applicable) Mo " Copies of the following: PUDEX - 2005 -AR -7951 ® Complete legal description PROJECT # 19990106 1 copy of completed Addressing Checklist DATE: 7/7/05 1 copy of 8 %a" X 11" graphic location map of site CAROLINA VALERA S POSSIBLE OTHER REQUIREMENTS, DEPENDING UPON THE SPECIFIC PROJECT: � ] Traffic Impact Statement (TIS) ❑NA- Environmental Impact Statement (EIS) p4d' ❑ Other ❑ Other so 1490 f revised: 1/8/04 u) a a) E CD m d 4i w 0 P.4 r..1 0 z W W W QW W a 0 m C O E 0 1aV1 d 0 V C a J c O 'c 0 N O a, a o � W Ui O M N cV O 00 C1 h U O H W W z z 0 tq O CL CL IL c C U X .L V LU z'^'x.. LU h LU .r V Z z N' t2l li► O N o vs a a a �? O M N cV O 00 C1 h U O H W W z z 0 tq O CL CL IL c C U X .L 1 O M N cV O 00 C1 h U O H W W z z 0 tq O CL CL IL c C U X h LU .r V W in � � M � � 4 r r O z Z ` N .., v a, `1 t`1 CL a, F- a w D z O t y- O V un W Z O M N cV O 00 C1 h U O H W W z z 0 tq O CL CL IL c C U X 0°'2/14/ 2003 02: 4- 6595724 ADDRESS IVri Agenda Nbi 17B 02/23j -M5 :2:22 9425661327 tilJUR ENGINEERING DecFe( egra 000 FILE ADDRESSING CMUCKUST Please complete the following and submit to the Addressing Section for Review. Not all item Will Maly I� mrX >1Micrt. Itcmfi in tune are rea 1red. 1. Legal deteciptloa of subject pto,perty or of lengthy description may be attached l C 1 35 iYCe . 7 ? 7 — 4-9 2, Fatia (Property ID) number(s) of above (attach to, or associate. with, legal description if more than Me) 3. Street address or addresses (as ppplicable, if already assigned) 4. Location map, showing exact location of project/site in relation to nearest public road right -of -v -ay (atbrch) S. Copy of survey (NEEDED ONLY FOR UNPLATTED PROPERTIES) 6, Proposed project name (if applicable) gc�� 7. Proposed Street names (if applicable) LJ S. Site Development Plan Number (FOR EXISTINO PRO)ECTS /SITES ONLY) SDP - 9. Petition Type — (Complete a separate Addressing Checklist for each Petition Type) ❑ SDP (Site Development Plan) PPL (Plans & Plat Review) SDPA (SDP Amendment) PSP (Preliminary Subdivision Plat) SDPI (SDP Insubstantial Change) FP (Final Plat) SIP (Site Improvement Plan) LLA (Lot LinccAdjustment) SIPA (SIP Amendment) BL (Blasting Permit) SNR (Street Name Change) ROW (Right -of -Way Permit) Vegetation,/Exotic (Veg. Removal Permits) EXP (Excavation Permit) Land Use Petition (Variance, Conditional Use, [l VRSI;P (Veg. Removal & Site Fill Permit) Boat Dock Ext.. Rezone, PUD rezone, etc.) [] Other - Describe: 10. Prvjcct or development nines proposed for, or already appearing in, condominium documents (if applicable; indicate whether proposed or existing 11. Please Check One, }teeklist is to be Faxed Back Personally Picked Up 12. Applicant iName t Phone FAA SJ,#LA-= J220 13. Signature on Addressing Checklist s not constitute Projtct and/or Street Name approval and is subject to furt)",er review by the Addressing Section. FOR STAFF USE ONLY Primary Number cl t b Address Number Address Number Address Number Approved by a n nA z' 116,' . v1 Date Zz.�t Kcviscd 3.21 -01 COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLIERGOV.NET Agenda Item No. 17B December 13, 2005 Page 11 of 54 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 403 -2400 FAX (239) 643 -6968 APPLICATION FOR PUBLIC HEARING FOR: PUD MASTER PLAN EXTENSION PETITION NO (AR) PROJECT NAME PUDEX- 2005 -AR 7951 PROJECT # 19990106 PROJECT NUMBER DATE PROCESSED DATE: 7/7/05 ASSIGNED PLANNER CAROLINA VALERA APPLICANT INFORMATION NAME OF APPLICANT(S) I le—�'r V I " - J"*> ADDRESS 5/4-7 5 ac, A vev CITY� � CS STATE E- I ZIP 3 4103 TELEPHONE #2..39,- A39 -SS 4g CELL # FAX # A E-MAIL ADDRESS: t4l i NAME OF AGENT J C? Cl.ry P LI+IC r - ADDRESS AA A'9 'TfrGJA� Ccn-Her-Lv! YCITY W &el e.5 STATE F_ZIP 3 4 I O1 TELEPHONE E #. 39-5 (. G -3 6 3 L CELL # FAX # gsi - 6�6 4- 13 2-'7 E-MAIL ADDRESS: f, 3 %--H u- a O '�- a) O.OI • C-o M BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. PUD Extension AppEication . Agenda Item No. 178 December 13, 2005 ASSOCIATIONS Complete the following for all Association(s) affiliated with this petition. Provide additional sheets if necessary. NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS NAME OF MASTER ASSOCIATION: MAILING ADDRESS NAME OF CIVIC ASSOCIATION: MAILING ADDRESS CITY STATE ZIP CITY STATE ZIP CITY STATE ZIP CITY STATE ZIP CITY STATE ZIP Disclosure of Interest Information a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address PUD Extension Application Percentage of Ownership Agenda Item No. 17B December 13, 2005 Page 13 of 54 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 Percentage of Ownership 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 Ownership 'Iery rzeS -7s Z 14 l y e c.. !-jo r Se A ve_. . . 6,0 � e-c.{ FI 3 44 03 is Gar y � e.V —r 506 Gorc6nI 1'eS _3410$ 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 PUD Extension Apptication Agenda Item No. 17B December 13, 2005 Page 14 of 54 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: f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address .Scym I TrWsfee_ 5' f 4Z Wuples F! 34I o g. Date subject property acquired leased ❑ Term of lease A Z % yrs. /mos. If, Petitioner has option to buy, indicate the following: Date of option: Date option terminates: , or Anticipated closing date 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. PUD Extension Application Agenda Item No. 178 December 13, 2005 PROPERTY LOCATION age 4 Detailed Ieeal description of the property covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. 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 engineers certification or sealed survey may be required. Section/Township /Range _11 43 j X6 Lot: Block: Subdivision: &0 c.QY1 G OJrf— 1E e A-J-f-5 uh i L 7 Plat S Book_ Page #: 8 S Property I.D. #: 3 8 4 5 5 04 0 0o I Metes & Bounds Description: c► -r--+ 7 7 Size of property: 3 30 ft. X (P'30 ft. = Total Sq. Ft. 1$ 3 IS 'A 3 Acres '4 • 2.-A, A_ddresslleeneral location of subiect property: / t N0AIN , &e- a-C 21 e 7,.4S � i/ i0 11111 12 E'�S� 0 bj�t,lvu 1f Zoning ADJACENT ZONING AND LAND USE Land use S LAD 9v e{ o e ,e d. C o rr1 M erc i j E ?LkD [IV\A 60e-e- - w C-- Ur,6eve.1 co.ei LAfJuiel LornMet"CiJ rlOCjeJ Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous prop (If space is inadequate, attach on separate page)- Section/Township /Range Lot: Block: Subdi ion: Plat Book Page #: Property LD Metes & Bounds Descriat PUD Extension Application Agenda Item No. 17B December 13, 2005 Page 16 of 54 EXTENSION REQUEST DETAIL Has this Master Plan received any previous extension(s)? 0 YES ❑ NO If YES, please indicate the date of approval(s) %" % ' 00 3 and submit a copy of the Board of County Commissioners' approval. Was the planned development proposed for two or more phases? ❑ YES Z NO If YES, please provide a copy of the approved phasing schedule. Has the Master Plan sunsetted? YE O If NO, please indicate the date that it will be sunsetted: If YES, please explain why the Master Plan was allowed to sunset: L � u S � ltic' o � M �i � ►� w ► w tt-� rt-1 �S N� "8�� Gco s t9 . Please provide a chronology of the original zoning approvals and amendment approvals as well as any development approval and any site development improvements that occurred before the master plan was vacated. (?fe -1 r m I r" p t&� - _ - I I / S Is the extension requested for: 9 the entire original development, or ❑ phose(s)? If for phases, please indicate the phase number(s): Please explain how the Master Plan remains consistent with the current Comprehensive Plan, including density, intensity and concurrency requirements. a co rn 7r'eh�V1 S I Ve. asp Jr hc�� wou I ���t✓�f �i ,t r- rct'1'�' P U 6 0 h CL J-'\ C, e� 1� I C<Il PUD Extension Application Item No. 17B fiber 13. 2005 Please explain how the development proposed by the Master Plan remains compatible with existing and proposed uses in the surrounding area in view of development approvals issued subsequent to the original approval of the Master Plan. CL a.cp-ni- c,.c-+S 11fxve_ or w► l I be. 0ereIovo94 S t Pin i Does the development shown on the Master Plan place an unreasonable burden on essential public facilities.? Please explain. EVALUATION CRITERIA Evaluation Criteria: Provide a written narrative statement describing the request to show compliance with the criteria found in the Collier County LDC noted for the proposed action. Include any additional materials and documentation in support of the request. 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. Previous land use Rlditions this property within the last year? ❑ Yes VN No If so, what was the nature of that hearing? To your knowledge, has a public hearing been held on NOTICE: This application will be considered 'open" when the determination of "sufficiency" has been made and the application is assigned a petition processing number. The application will be considered "closed" when the petitioner withdraws the application through written notice or ceases to suR21y necessary information to continue processing or otherwise actively pursue the rezoning for a period of six (6) months. An application deemed PUD Extension Application Agenda Item No. 17 "closed" will not receive further processing and an application "closed" through inactivity [n withdrawn. An application deemed "closed" may be re- opened by submitting a new application, rk9rdoF0f all application fees and granting of a determination of "sufficiency ". Further review of the project will be subject to the then current code. (LDC Section 10.03.05.0.) PUD EXTENSION SUBMITTAL REQUIREMENTS GENERAL INSTRUCTIONS Application information must be clearly printed or typed. All material must be legible and completed in full. All requirements must be submitted as indicated below, unless otherwise determined during the pre - application meeting. GENERAL APPLICATION To be completed in full. PRE - APPLICATION MEETING NOTES - Provide copies of notes taken at pre - application meeting PROJECT NARRATIVE Provide a written statement describing how the criteria listed in subsection 10.02.12 of the Land Development Code have been met. ADDRESSING CHECKLIST FORM Must be completed and approved by the Addressing Department, 2800 North Horseshoe Drive, Naples, Florida 34104. Phone (239) 403 -2482, FAX (239) 659 -5724 PUD DOCUMENT Original PUD approval ordinance. FEE Required fee in the amount of $1,000.00 per current Fee Schedule. Check shall be made payable to: Collier County Board of Commissioners. AERIAL PHOTO 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 3.05.07). OWNER /AGENT AFFIDAVIT Affidavit signed by owner authorizing agent to act as representative. Must be signed and notarized. WARRANTY DEED PUD Extension Application Agenda Item No. 17B A copy of the last recorded deed, contract for sale or agreement for sale, or a notar n*p2O05 of ownership clearly demonstrating ownership and. control of the subject lot or parcel of large 19 of 54 MASTER PLAN Master plan no larger that 24" X 36 ", drawn to a maximum scale of 1 inch equals 400 feet, [and one reduced 8 1 /2" X 11 " copy] depicting the following: ■ 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 —. OTHER After initial review of the request, staff will determine what if any additional information may be required to substantiate the request. The applicant's agent will be notified. CONTINUANCE FEES In accordance with Collier County Community Development and Environmental Services Fee Schedule, when land use petitions are continued, the following fees will apply: Two days or less prior to meeting = $500 Requested at the meeting = $750 Additional required advertising charged in addition to continuance fees PUD Extension Application nda Item No. 17B Page 20 of AFFIDAVIT We /l,-T� y[ 44 -t�) rzesk i being first duly sworn, depose and say that we /I 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. We /I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted As property owner We /I further authorize J ra.r�! w't" I e to act as our /my representative in any matters regarding this Petition. — luf / Signature of Property Owner 5c-,,rrnueA t s Typed or Printed Name of Owner Signa a of Property 04r -Ter�4 ( 6i . -B rzesL TruC. {-ee Typed or Printed Name of Owner RA The foregoing instrument was acknowledged before me this �•3— day of 200 , by l e-S who is personally known to me or has produced all as identification. State of Florida County of Collier PUD Ddension Application (Signature of Notary Public - State of Florida) Debbie IL Lled *WMM san i Acime rint, Type, or Stamp Commissioned �BCA' of Notary Public) Agenda Item No. 17B December 13, 2005 rclye 21 SUBMITTAL SUFFICIENCY CHECKLIST PUD EXTENSION THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPUCATION PACKET No. of_Cooies 18 Completed Application L� a Pre-Application Meeting Notes �8 Master Plan 24" X 36" 1 Master Plan 8' /s" X 11" [8 Approved PUD Ordinance Warranty Deed or Contract for Sale Owner /Agent Affidavit, signed & notarized Aerial Photos with Habitat Areas Identified Addressing Checklist Required Fees ❑ Other As the authorized agent/applicant for this petition, I attest that all of the information 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. �Iwa L Sig t re PUD Extension Application Date Agenda Item No. 17B December 13, 2005 Page 22 of 54 COLLIER COUNTY GOVERNMENT Community Development and Environmental Services Division Planning Services Department - 2800 North Horseshoe Drive - Naples, Florida 34104 September 22, 2003 BUTLER ENGINEERING, INC. GARY BUTLER 2223 TRADE CENTER WAY NAPLES, FL 34109 REFERENCE: PUDEX- 2003 -AR -4325, PINE RIDGE CORNERS Dear Mr. Butler: On Tuesday, September 9, 2003, the Board of County Commissioners heard and approved Petition No. PUDEX- 2003 -AR -4325. A copy of Resolution/Ordinance No. 03 -297 is enclosed approving this use. PIease 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 final action on this item, please remove all public hearing advertising sign(s) immediately. If you have any questions, please contact me at 213 -2921. Very truly yours, ` 44-� KaDeselem, AICP Principal Planner KDno Enclosure 0 �,- cc: i-TERYL H BRZESKi TR 5147 Sea Horse Ave., Naples, FL 34103 Land Dept. Property Appraiser (Site Plans) Addressing (Peggy Jarrell) Customer Service M. Ocheltree, Graphics Files (Records & Planning Dept.) c o r r ; c o W .. � .• vti ,..A i�zo� am_�ann Fax (239) 643 -6968 www.collier <ov.net Agenda Item No. 17B December 13, 2005 Page 23 of 54 RESOLUTION 2003 --217 A RESOLUTION. BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PURSUANT TO SECTION 2.7.3.4 OF THE COLLIER COUNTY LAND DEVELOPMENT CODF. AFFECTING ORDINANCE NUMBER 98 -61 KNOWN AS PINE RIDGE CORNERS PUD, EXTENDING THE CURRENT PUD APPROVAL TO JULY 1. 2005; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the PINE RIDGE CORNERS PUD, Ordinance number 98-61 adopted on July 1, 1998, is subject to the provisions of Section 2.7.3.4., of the Land Development Code (LDC), Time Limits for Approved PUD Zoning Districts together with their respective Master Plans; and WHEREAS, the PUD was adopted consistent with and under the provisions of the Collier County Growth Management Plan; and WHEREAS, there are mitigating circumstances that warrant the extension of the time in which to develop this project in that this project could not begin construction until 1 -75 related improvements were made along Pine Ridge Road; and WHEREAS, those improvements were beyond the control of the project owner; and WHEREAS, the Board of County Commissioners has reviewed the PUD extension petition, identified as PUDEX- 2003- AR4325, filed by Gary Butler, of Butler Engineering, Inc., representing Teryl H. Brzeski, requesting an extension of the Pine Ridge Corners PUD per LDC Section 2.7.3.4.6. and have determined to extend the current PUD Zoning for two years and has determined to extend the current PUD Zoning for two (2) years, until July 1, 2005;and NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF COUNTY COMISSIONERS OF COLLIER COUNTY, FLORIDA that: 1. The above recitals are adopted herein by reference as if fully set forth herein; and 2. No changes to the PUD document or the Master Plan are approved as part of this action; and 3. This Resolution shall constitute evidence of compliance with the review requirements of Section 2.7.3.4 of the LDC; and 4. Pursuant to said section of the LDC, the current PUD approval is hereby extended to July 1, 2005; by which date the owner will have complied with the procedures in LDC Section 2.7.3.4. This Resolution is effective immediately upon its adoption. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board and in the records of the Petition for which the extension is granted. This Resolution adopted after motion, second and majority vote. Page t of 2 Agenda Item No. 17B December 13, 2005 Page 24 of 54 Done this A_ day of ,c` 2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA _ test r c,T ING, CHAIRM . • J Approved as to Fbrm and Legal Sufficiency: Patrick G. White Assistant County Attorney Page 2 of 2 WARRANTY DEED (Statutory Form - Section 689.02 F.S.) This instrument was prepared by: Andrew J. Krause, Esq. MYERS KRAUSE & STEVENS, CHARTERED 5811 Pelican Bay Boulevard, Suite 600 Naples, Florida 34108 (941) 598 -1221 ` Agenda Item No. 17B December 13, 2005 2706820 OR: 213"leM. 50395 BlCOUID is O11ICIU IICO11D3 of COLLIII LOOM, PL 10/27/2000 at 03:361K DYIOT 1. IIOCI, C1III1 He PII 19.50 DOC -.70 .70 CORIS 4.00 KISC 1.00 Beta: KIIRS IIAKSI IT Al 5811 PILICAN BAY BLVD #600 UPLIS 11 34108 F�LE THIS INDENTURE, made this 97 day of a�, 2000, between GARRETT F. X. BEYRFNT and TERYL H. (BEYR M BRZESKI, of the County of Collier, State of Florida, grantor*, and TERYL H. BRZESKI and SAMUEL HUBSCHMAN, Trustees ** of rand Trust #1 Dated /3 , 2000 * * *, whose post office address is 5147 Seahorse Avenue, Naples, Florida 34103, grantee *. WITNESSETH, that said grantor, for and in consideration of the sum of TEAL DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Collier County, Florida, to wit: All of Tract 77, GOLDEN GATE ESTATES UNIT 35, according to the plat thereof, as recorded in Plat Book 7, Page 85, of the Public Records of Collier County, Florida Less that portion acquired for public use further described below: A portion of Tract 77 of the plat thereof, Golden Gate Estates Unit 35 as recorded in Plat Book 7, Page 85, of the Public Records of Collier County, Florida, and being more particularly described as follows: pUDEX- 2005 -AR -7951 PROJECT # 19990106 DATE: 7n105 CAROLINA VALERA 1 Agenda Item No. 17B December 13, 2005 Page 26 of 54 OR; 2737 PG; 0396 COMMENCE at the Southeast corner of Section 7, Township 49 South, Range 26 East, Collier County, Florida; theme along the South line of said Section 7 S 890 37' 34" W 1559.29 feet; thence N 000 26' 33 W 54.94 feet to the POINT OF BEGINNING of the parcel of land hereinafter described; thence continue N 000 26' 33" W 20.02 feet; thence S 870 20' 08" W 23.36 feet; thence S 890 37' 34" W 306.60 feet; thence S 000 26' 37" E, 74.00 feet; thence N 890 37' 34" E 8.92 feet; thence N 000 26' 26" W 54.00 feet; thence N 89037' 34" E 298.00 feet; thence N 870 20' 08" E 22.98 feet to the POINT OF BEGINNING. Containing 7083 square feet more or less. Basis of bearings is the south line of Section 7 being S 890 37' 34" W. This conveyance and the warranties hereinafter made are subject to covenants, easements, conditions, restrictions, reservations and encumbrances of record, real estate taxes for the calendar year 2000 and subsequent years, and zoning ordinances affecting said property. Real Estate Tax Identification No. ,38H5504000 I The above described property is not the homestead of grantor, and said grantor does hereby fully warrant the title to said land, and will defend the. same against the lawful claims of all persons whomsoever. * "Grantor" and "grantee" are used for singular or plural, as context requires. ** Trustee or any successor trustee herein is granted full power and authority to protect, conserve and to sell or to lease or to encumber, or otherwise to manage and dispose of the real property described herein as set forth in Florida Statutes 689.071. * ** Upon the death, resignation, removal or inability of one of the co- trustees to act as trustee, the other shall serve as sole trustee. IN WITNESS WHEREOF, Grantor has hereunto set grantor's hand and seal the day and year first above written. STATE OF FLORIDA 1W Agenda Item No. 17B December 13, 2005 OR: 2737pPG F'Mr COUNTY OF COLLIER .,,Before me, a Notary Public, the foregoing instrument was. acknowledged this day of, 2000, by TERYL H. BEYRENT BRZESKI, who O is personally known to me or who O have produced a drive?otary identificauo . Publi State of Florida My Commission Expires: My Commission Number: Pouicia A Kullen �. AdYCOIri1+NS"I CCU2732 EXPIRES {Prinud, INWS124111410. of Notary Public) 3 (print name) c ^nA- C• j64,em 0 +1 V'e"� (P i'r STATE OF FLORIDA COUNTY OF COLLIER F7 Agenda Item No. 17B December 13, 2005 Page 28 of 54 OR: 2737 PG: 0398 Before me, a Notary Public, the foregoing jAstrum4 V.4 acknowi ed this _e7 day of ae� , 2000, by GARRETT F. o rsonaUy known to me or who (7 have produced a driver license Notary Pu S tate of nda �50Y P�� CO LESTE . 2 863 LAW My Comnussion Expires: My Commission Number: RIONDEO r�ruu 00 OF O �TtAwnc 80KV.wc; rc... (Printed. typed or camped commissioned name of Notary Public) !l 1 Agenda Item No. 17€3 December 13, 2005 Page 29 of 54 State of FLORIDA County of COLLIER I HEREBY CERTIFY THAT this is a true and Correct copy of a document recorded in the OFFICIAL RECORDS of Collier Courty. 11ITMESS ty od ac fi is seal this date. I " - DWIGHT :K, LP W CIRCUIT COURT ti _ BUTLER bamb., engineering, inc. September 19, 2005 Ms. Carolina Valera Collier County Planning Services 2800 North Horseshoe Drive Naples, Florida 34104 Subject: Pine Ridge Corneres PUD Extension AR 7951 Dear Carolina, This submittal is in response to your September 14" sufficiency request Planning Services Agenda Item No. 17B December 13, 2005 Page 30 of 54 Please complete and explain why the Master Plan will sunset (page 6). Please note that justication is needed as to why development has not commenced or has not reached past the threshold percentage for not sunsetting. The extension was submitted prior to sunset, but the PUD has since sunsetted. The extension is needed to work out access with FDOT and right -of -way permit with final SDP approval request. Inc. RECEIVED SEP 2 Q 2045 2223 TRADE CENTER WAY NAPLES, FLORIDA 34109 TELEPHONE !2391 566 - 3636 FAX (2391 586 —1327 Emep PBUTLER20261AOL.COM ORDINANCE NO. 98-61 Agenda Item No. December 13, Page 31 AN ORDINANCE AMENDING ORDINANCE NUMBER 91 -102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR ;�d!s�•���«;. THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER GGE01; BY CHANGING THE ZONING CLASSIFICATION OF CV E►�';� THE HEREIN DESCRIBED REAL PROPERTY FROM "E" tEr'F�' Estates TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS PINE RIDGE CORNERS PUD, FOR HIGHWAY - ORIENTED AND �a CONVENIENCE COMMERCIAL USES, LOCATED ON THE NORTH SIDE ODESCRIBEDIAS TRACT 177�DGOLDEN GATE ESTATES, FURTHER ESTATES, UNIT 35 IN SECTION 7, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 4.38 ACRES MORE OR LESS; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Bruce J. Siciliano, AICP, of Agnoli, Barber and Brundage, Inc., and Attorney Dudley Goodlette of Goodlette, Coleman and Johnson, P.A., representing Amerada Hess Corporation and Garrett F. X. Beyrent and Teryl Brerski, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: SECTION ONE: The zoning classification of the herein described real property located in Section 7, Township 49 South, Range 26 East, Collier County, Florida, is changed from "E" Estates to "PUD" Planned Unit Development in accordance with the Pine Ridge Corners PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map Number GGE01, as described in Ordinance Number 91 -102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the . Department of State. .r � S W • Is Agenda Item No. 17B December 13, Page 32 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this p?JA,,P day of .0'ej , Ar 1998. 'v :ATTEST: % .QW(GHT1 E. BROCK, Clerk Atttft as:'�A 0ilr=n•i tIgnature100 J. Approved as to Form and Legal Sufficiency )i'1.1BLaLt..� Marj ie M. Student Assistant County Attorney r90-97-17 oRDINAM i BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: 8 B. BERRY, Cha n -2- Thb ordinance filed with the Seererj�ory of State's Office JAE day of .19-S and ocknow %e Km of that fill received this day of By oww a 0 Agenda Item No December 13, Page 33 PINE RIDGE CORNERS PLANNED UNIT DEVELOPMENT Prepared for Amerada Hess Corporation and Oary Beymot Prepared by: Agnol1, Barba dt Brundage, Inc. 7400 Tamiami Trail North, Suite 200 Naples. FL 34108 October 12, 1997 Date Filed: Date Reviewed by CCPC: Date Approved by BCC Ordinance No: u PINE RIDGE CORNERS PUD DOCUMENT TABLE OF CONTENTS Agenda Item.No December 13, Page 34 Page SECTION 1 - Statement orCompliance is SECTION It - Ptoperty Ownership, Legal Description and Short Title 16 SECTION III - Statement of Intent and Project Description 17 SECTION 1V - General Development Regulations 18 SECTION V - Permitted Uses do Dimensional Standards 24 xr.o"s10.1rx• I �J - Agenda Item No December 13, Page 35 SECTION 1 STATEMENT OF COMPLIANCE The development of 4.38 aches of property in Section 7, Township 49 South, Range 26 East, as a Planned Unit Development to be known as the PINE RIDGE CORNERS PUD complies with the planning goals and objectives of the Collier County Growth Management Plan for the following reasons: 1.1 The subject property is located in an Interchange Activity Center as designated in the Future Land Use Element of the Collier County Growth Management Plan. 1.2 Activity Center,% arc the preferred locations for the concentration of commercial uses and permit the full array of such uses. 1.3 Improvements are planned to be in compliance and in marry instances exceed applicable land development regulations as set forth in Objective 3 of the Future Land Use Element. 1.4 The project will be served by a full range of services, including sewer and water by the County resulting in an efficient and economical expansion of facilities as required in Policies 3.1H and 3.1 L of the Future Land Use Element. 1.5 The project contains a mix of commercial uses combined with architectural controls and extensive screening and bufiaing that are designed to stake the project compatible with and complementary to both nearby planned commercial and residential land uses, as required by Policy 5.4 of the Future Land Use Element. 1.6 All final local Development Orders for this project arc subject to the Collier County Concun=cy Management System as implemented by the Adequate Public Facilities Ordinance. Mr na.nuI I rvv• Agenda Item No, Decembjer 13, Page 36 SECTION If PROPERTY OWNERSHIP. LEGAL DESCRIPTION AND SHORT TITLE 2.1 PROPERTY OWNERSHIP The property is owned by Garrett F. X. Beyrent and Teryl Brerski, Joint Tenants 2.2 LEGAL DESCRIPTION All of Tract 77, Unit 35, Golden Gate Estates, according to the plat thereof as recorded in Plat Book 7, Page g5 of the Public Records of Collier County, Florida. O.R. Book 1251, Page 1485, lcss.that area taken for I -75 right-of-way. 23 SHORT TITLE This ordinance shall be known and cited as the 'PINE RIDGE CORNERS PLANNED UNIT DEVELOPMENT'. woo- 0+.010.ow 3 LJ • Agenda Item No December 13, Page 37 SECTION III STATEMENT OF INTENT AND PROJECT DESCRIPTION 3.1 INTRODUCTION The owners intent is to create a Planned Unit Development meeting or exceeding the applicable standards of the Collier County Land Development Code. This document outlines guidelines for futurc development of the project that mect accepted site planning and urban design practices, and to implement the Collier County Growth Management Plan. 31 PROJECT DESCRIPTION The project is comprised of 4.38 airs. more or less, and is located on the north side of Pine Ridge Road, approximately 1,000 fL to the wet of I -73. 3.3 LAND USE PLAN Tire project permits a range of commercial use to meet neighborhood shopping needs as well as the motoring public traveling to and from 1 -75. The PUD Master Plan depicts intenwl circulation, open spaces, landscape buffer areas, and external access points. The PUD Master Plan is designed to be flcxibk. The configuration of commercial am will not be determined, and platted until subdivision approval is obtained 3.4 PROJECT PHASING The anticipated time for build -out of the project is three (3) years from the date of approval of the PUD. rrr.a"Pxr.noc SECTION IV GENERAL DEVELOPMENT REGULATIONS 4.1 PURPOSE Agenda Item No, December 13, Page 38 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. 4.2 GENERAL A. Regulations for development of the PINE RIDGE CORNERS PUD shall be in accordance with the contents of this document, PUD - Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and the Growth Management Plan which authorizes the constriction of improvements, such as but not limited to: Final Subdivision Plat. Final Site Development Plan Approval, Excavation Permit and Preliminary Work Authori zlion. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the County Land Development Code shall apply. B. Unless otherwise rated, the definitions of all terms shall be the same as the definitions set forth in Collier County Land Development Code in effect at the time of building permit application. C. All conditions imposed and all graphic material presented depicting restrictions for the development of PINE RIDGE CORNERS PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. D. Unless modified, waived or excepted by this PUD, other provisions of the Collier County Land Development Code, where applicable, remain in effect with respect to the development of the land which comprises this PUD. E. Development permitted by the approval of this petition will be subject to a Concurn=y review under the provisions of Div. 3.13 of the Collier County Land Development Code at the earliest or next to occur of either Final Site Development • Plan Approval, or building permit issuance applicable to this development. 4.3 SITE CLEARING AND DRAINAGE Clearing. grading and earthwork shall be in accordance with Section 32.83.6 of the Collier County Land Development C ode, and site drainage wak shail be in accordance with Section 3.2.8.3.7 of the Collier County Land Development Code. WP -N.O! 1 K7 A01r ,J Agenda Item No December 13, Page 39 4.4 EASEMENTS FOR UTILITIES Easements, shall be provided for water management areas, conservation areas, utilities and other purposes as may be required by Collier County and other permitting agencies. All necessary easements, dedications or other instruments shall be granted to ensure continued operation and maintenance of all services and utilities, in compliance with applicable regulations in effect at the time approvals are requested. 4.3 AMENDMENTS TO THE MASTER PLAN The Master Plan is designed to be flexible with regard to the placement of buildings, as long as the final design complies with all the applicable portions of the PUD ordinance and building heights and setbacks are the same as depicted on the PUD Master Plan. The Planning Services Director shall be authorized to approve minor changes and refinements to the PINE RIDGE CORNERS Master Plan upon written request of the owner based on the above and the following, in addition to the standards provided in Article 2. Division 2.7, Section 2.7.3.3 of the Collier County Land Development Code. I. To reconfigure tastes, wetland preserve areas, ponds, or other water managemmt facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County. 2. Internal realignment of rights -of -way. 3. Reconfiguration of the development envelopes where there is no encroachment into buffer areas and all pertinent setback requirements provided for in this ordinance are met. 4.6 PROJECT PLAN APPROVAL REQUIREMENTS 1. The PUD Master Plan, constitutes the required PUD Development Plan. Upon receiving PUD approval, a Preliminary Subdivision Plat shall be submitted for the entire area covered by the PUD Master Plan pursuant to the requirements of Division 3.2 of the Collier County Land Development Code. • 2. Development of a gasoline service station is c ontutgent upon the developer obtaining required governmental permits for a proposed right- in/right -out driveway on Pine Ridge Road In the event that the Florida Dcparu=t of Transportation were to deny a driveway permit for safety massoct& an application to amend the PUD to remove gasoline service stations as a permitted use shall be filed within thirty (30) days of such denial. wr.oWrxr.noc 6 Agenda Item No December 13, P6ge 40 A Site Development Plan shall be submitted and reviewed for individual lots in accordance with all provisions of Div. 3.3, Site Development Plans of the Collier County Land Development Code, unless otherwise provided for within this PUD, and prior to the issuance of a building permit or other required development orders. 4.7 PROVISION FOR OFF -SITE REMOVAL OF EARTHEN MATERIAL The excavation of When material and its stockpiling in preparation of water management facilities or to otherwise development water bodies is hereby permitted. If, after consideration of fill activities on those buildable portions of the project site are such that there is a surplus of earthen material, then its off -site disposal is also hereby permitted subject to the following conditions: A. Excavation activities shall comply with the definition of a'Development Excavation' pursuant to Sec. 3.5.5.1.3. Land Development Code, whereby off -site removal shall not exceed ten (10) percent of the total volume excavated up to a maximum of 20,000 cubic yards. B. A timetable to facilitate said removal shall be submitted to the Planning Services Director for approval. Said timetable shall include the length of time it will take to complete said rerrtoval, hours of operation and haul routes. C. All provisions of Sec. 3.5, Land Development Code are applicable. 4.8 SUNSET AND MONITORING PROVISIONS The PINE RIDGE CORNERS PUD shall be subject to Sec. 2.7.3.4, of the Collier County Land Development Code. Time Limits for Approved PUD Master Plans and Sec. 2.73.6, Monitoring Requirements. 4.9 POLLING PLACES Any community recreation/public building/public room located within the PINE RIDGE CORNERS PUD may be used for a polling place, if determined necessary by the SK=visor of Elections, in accordance with Sec. 2.6.30 of the Cogia County Land Development Cade. 4.10 NATIVE VEGETATION RETENTION REQUIREMENT'S The project shall preserve native habitat, in accordance with the provisions of Section 3.9.5, Vegetation Removal, Protection, and Preservation Standards, of the Collier County Land Development Code. WP-0a. J1K7.00c- r� L Agenda Item No December 13, Page 41 4.11 COMMON AREA MAINTENANCE Common area maintenance. including the maintenance of common facilities ewanents, open spaces, preservation areas, std the water rnanagetnent facilities shall be the responsibility of a property owners association. All landscaping, parking, loading and stornwater management not in common area shall be the responsibility of individual users. 4.12 ARCHITECTURAL STANDARDS All buildings, lighting, signage. landscaping and visible artbilecture shall be architecturally and aesthetically unified through the we ofsimilar materials and colas throughout all of the buildings, signs, and waits to be erected on the site. Landscaping and straetsegm materials shall also be similar in design throughout the site. All buildings shall be primarily finished in light colors with stucco except for decorative trim. All roofs must be file or metal and shall be peaked. Decorative parapet walls shall be constructed above the roof lines on flat roofs, where tile or metal roofs am not feasible. A conceptual design master plan shall be submitted with the fire application for Site Development Plan approval demonstrating compliance with the requirements of Division 2.S of the Collier County Land Developrnera Code pertaining to architectural and site design guidelines. 4.13 LANDSCAPING AND BUFFERING Landscaping and buffering shall be in accordance with Division 2.4 of the Collier County Land Development Code, including the following requirements: (1) A twenty (20) foot wide Type ID" Buffer shall be provided along Pine Ridge Road with the landscaping as required in Section 2.4.7.4 of the Collier County Land Development Code. (2) A ton (10) foot wade Type 'A' Buffer shall be provided along the eastern and western PUD boundaries with the landscaping as required in Section 2.4.7.4 of the Collier County Land Development Code. (3) A five (S) foot wide buffer along the internal roadway shall be provided with trees • spaced a minimum of twenty (20) feat on- renter and a single row of shrubs spaced a minimum of three (3) feet on- center. Such trees and shrubs shall meet the requirements of Section 2.4.4 of the Collier County Land Development Code. The specific location of the west border buffer shall be as indicated on the Master Plan. Should development of Area B be proposed prior to the vacation of the casement, a temporary buffer will be installed. • 0 Agenda Item No, December 13, Page 42 (4) Buffering between other internal parcels shall include a five (5) foot wide buffet along each parcel to be developed, with trees spaced a minimum of twenty (20) feet on- center and a single row of shrubs spaced a minimum of throe (3) feet on- center. Such trees and shrubs shall meet the requirements of Section 2.4.4 of the Collier County Land Development Code. (5) A twenty (20) foot wide Type 'D" Buffer shall be provided along Livingston Woods Lane with more stringent screening than required in Section 2.4.7.4 of the Collier County Land Development Code. Trees shall be spaced a minimum of fifteen (1 S) feet on -center and a single row of shrub: shall be spaced a minimum of three (3) feet on- center, with both trees and shrubs located on the northern side of an eight (8) foot tall architecturally finished opaque masonry wall. Such wall shall have a common architectural theme with the other buildings and signage within the PUD, as described in Section 4.12 of this PUD Document, and be installed and maintained with the finished side out towards Livingston Woods Lane. Such trees and shrubs shall meet the requirements of Section 24.4 of the Collier County Land Development Code. This buffer "I be installed as a required improvement for the first Site Development Plan within the subject PUD. Additionally, along the southern side of the wall, these shall be planted at least forty -rive (45) Red Maple trees, or similar species, that are at least eight (8) feet tall. (6) Required landscaping "I be maintained and replaced within ninety (90) days if plant material dies. (7) No landscape buffer will be required between areas A and B. (8) Prior to Site Development Plan approval for Phase 1. the developer shall provide a one time payment of S 1,750.00 to the County. These funds will be used for landscaping the public right -of- -way of Pine Ridge Road in front of the project. The landscaping will be installed after the roadway is widened to six lanes and future installation and maintenance of such landscaping shall be the responsibility of Collier County. This in lieu payment, satisfies all project obligation concerning Pine Ridge Road right -of- way landscaping. 4.14 SOLID WASTE Trash receptacles shall be screened on three (3) sides by a seven (7) foot high opaque masonry wall with an opaque gate on the remaining side for access. Such masonry wall strap also meet the architectural standards further described in Section 4.12 of this PUD Document. WP49- os1ucs nor 0 — -- Agenda ltir i No. 1 December 13, 2( Page :43 of 4.15 LIGHTING Pole lighting shall be prohibited. Architecturally finished lampposts not exceeding a height of twenty (20) feet shall be permitted on Pine Ridge Road. Lighting shall meet the architectural standards further described in Section 4.12 of this PUD Document. Lighting shall be designed so that glare does not extend oft site onto residential properties. 4.16 SIGNS Signs shall be permitted as described in Section 2.5 of the Collier County Land Development Code except pole signs, as described in Section 2.5.5.2.3.1 shall not be permitted. Ground signs, as described in Section 2.5.5.2.3.1, shall be permittcd but shall not exceed a maximum height of eight (8) fed. Signage shall also meet the architectural standards further described in Section 4.12 of this PUD Document. Sign locations have been identified on the PUD Master Plan. 4.17 ARCHAEOLOGICAL RESOURCES The subject property is located outside an area of historical and archaeological probability as referenced on the official Collier County probability map. Therefore, no historical archaeological survey and assessment is necessary. wr.as.os1K7.noC 10 • AgendaTtem 1Qo. 17 Decembei 13, 20C Page 44 of SECTION V PERMITTED USES AND DIMENSIONAL STANDARDS 5.1 PURPOSE The purpose of this Section is to identify permitted commercial uses and development standards for areas within the PINE RIDGE CORNERS PUD designated on the PUD Master Plan. 5.2 GENERAL DESCRIPTION The land use acreage tabulations for the PINE RIDGE CORNERS are depicted on the PUD Master Plan This acreage is based on conceptual designs and is subject to further refinement. Actual acreages for building parcels and open space will be provided at the time of submittal of the Preliminary Subdivision Plat. 5.3 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. An_a -! &"2 ?i►Md.P.rinC-ipltl_V3- q- L1ldSkuf-urg: 1. Open Space. 2. Stormwater Management Areas. B. Area 4Q' Psrrt'tled Principal Uvgand�ctu_rc-q: 1. Depository Institutions [groups 6021 -6062 (Commercial Banks, Savings Institutions, And Credit Unions)]. 2. Eating Places (group 5812). 3. Hotels and Motels (group 7011). 4. Insurance Agents, Brokers. and Services (group 6410. ). 5. Miscellaneous Retail [groups 5912 (Drug Stores), 5992 (Florists)]. 6. Personal Services [group 5231 (Beauty Shops)]. Wi -09 -05 M. Dw I I i Agenda-Item - N . 1 December 3, 2C Page 45 of 7. Real Estate Agents and Managers (group 6531). S. Travel Agencies (group 4724). 4. Video Tape Rental (group 7841). 10. Professional Office and Medical Office uses. 11. Any other commercial use or professional service which is comparable in nature with the foregoing uses. 1 C. Area 'C" Permitted Principal Uses and Structures: 1. All Permitted Principal Uses for Area 813' as described within this PUD Document 2. Gasoline Stations with car wash and convenience store (group 554 1) as described in Section 2.6.28 of the Collier County Land Development Code. Auto repair and tire sales prohibited. 3. Eating Places (group 5812). 4. Any other convenience commercial use or professional service which is compatible in nature with the foregoing uses, including buildings for retail, service and office purposes consistent with the intent and purpose of this PUD. 5. Uses and structures that am accessory and incidental to the uses permitted as of right in the PINE RIDGE CORNERS PUD. 5.4 DIMENSIONAL STANDARDS The following development standards shall apply to permitted commercial uses in the PINE RIDGE CORNERS PUD. 1. Minimum Lot Area: Twelve Thousand (12,000) Square Feet. 2. Minimum Lot Width: Seventy -five (75) Feet. 3. Minimum Yard Requirements: a. Front Yard: Along Pine Ridge Road - Twenty Five (25) feet. b. Front Yard: Along Livingston Woods Lane - Ninety (40) feet. WP-0i -W 1 K7.DW 12 w ?avnt1x7.00c Ag r� Iiem'No. 1 December_ 13, 2C Page 46 of c. Side Yard: Ten (10) feet unless attached. d. Side Yards: Between two (2) lots within the PUD - ten (10) feet unless attached. e. Side Yards: External to the PUD - Fifteen (15) feet. 4. Maximum Height: Thirty (30) feet. Hotels and motels shall be limited to two (2) stories. S. Minimum Floor Area of Structures: Seven hundred (700) square feet for the principal structure on the first habitable floor. 6. Maximum Density: Twenty -six (26) units per acre for motels and hotels. 7. Minimum off- street parking and off-street loading: As required in Division 2.3 of the Collier County Land Development Code. 8. Distance between structures: The distance between any two principal structures shall be a minimum of twenty (20) feet or a distance equal to one- half the sum of their heights, whichever is greater, unless attached. 9. Merchandise storage and display: Tbere shall be no outside storage or display of merchandise. 10. Maximum number of Buildings: Four (4) buildings plus accessory structures. Area B may have two principal structures. Area C to have one (1) principal structure, one (1) accessory structure and one (1) canopy structure 13 Agenda Item No. 17B December 13, 200 Page 47 of 5 SECTION VI TRANSPORTATTON REQUIREMENTS The purpose of this Section is to set forth the tninsportation commitments of the Project Developer. 6.1 The access points shown on the PUD Master Plan should be considered to be conceptual with respect to location along the project's frontage. The final location of any access shall be determined at the Site Development Plan stage and shall be consistent with all County Ordinances and regulations then in effect. 6.2 Any median opening or traffic signal, existing or proposed, shall be subject to the requirements of Collier County Resolution 92 -422, the Access Management Policy. 6.3 The developer shall provide arterial level street lighting at each project entrance onto Pine Ridge Road. Said improvement shall be in place prior to the issuance of any Certificates of Occupancy. 6.4 The internal roadway design shall not permit traffic flow from the commercial area onto Livingston Woods Lane. 6.5 The petitioner shall provide a future vehicular cross - access easement to the abutting parcel to the east, prior to Final Site Development Plan Approval. This roadway easement shall be maintained and operated by the developer or his designee. 6.6 Each access point shall have a separate westbound tight turn lane if it is to function as an entrance point. An exit -only will not require a turn lane. A continuous right turn lane along the property frontage will not be permitted. 6.7 When requested by the County, and subject to the approval of a Developer": Contribution Agreement for road impact fee credits for the fair market value of the dedication, pursuant to Ordinance 92 -22, as amended, the developer shall dedicate up to twenty (20) feet of right- of -way along the north side of Pine Ridge Road for future roadway, bike path and drainage improvements. Such dedication shall not be deducted from the PUD property for purposes of determining yards, lot area or lot dimensions as provided in Section 2.2.13 of the Collier County Land Development Code. This dedication shall occur at the earlier of either the developer's convenience or within one hundred and twenty (120) days of when requested by the County. 6.8 Pedestrian access shall be provided between all parcels and uses in the development, at the time of Final Site Development Plan approval for each individual tract. 6.9 Substantial competent evidence shall be provided by the developer to the effect that the project is designed to provide capacity and treatment for historical roadway runoff. In addition, site drainage shall not be permitted to discharge directly into any roadway dndmge system. �, wrorr�r.nor 14 Agenda Item No. 17 Del ember 13, 20C Page 48 of 5 SECTION VII UTILITY AND ENGINEERING REQUIREMENTS The purpose of this Section is to set forth the utilities and engineering commitments of the Project Developer. 7.1 UTILITIES A. Potable water will be supplied by the County Water service system through an existing 12 inch main running east and west on the north side of Pine Ridge Road. All construction plans and technical specifications for the proposed project shall be reviewed and approved by the Planning Department. Engineering Review Services prior to commencement of construction. On site water mains shall be installed by the developer at no cost to the County and shall be Matter Metered All on site water maims shall be owned and maintained by the developer, his assigns or heirs. B. Connection to the County sewer system shall be to the County force main located on the south side of Pine Ridge Road, at no cast to the County. Sewage shall be pumped by an on -site station to the County system. All construction plans and technical specifications shall be approved by the Planning Department, Engineering Review Service, prior to construction. All on -site sewer including pump station and force main up to the tie in point shall be owned and maintained by the developer, his assigns or heirs. 7.2 ENGINEERING A. Detailed paving, grading, site drainage and utility plans shall be submitted to the Planning Services Director 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 the Planning Services Director. . B. Design and construction of all improvements shall be subject to compliance with all applicable provisions of the Collier County Land Development Code, including those set forth in Division Three (3). C. The developer, and all successors in interest to the developer, am hereby placed on notice that they shall be required to satisfy the requirements of all County development ordinances or codes in effect prior to or concurrent with any subsequent development order rclating to this site, including Site Development Plans and any crr.00.0J1x7. noC 15 Agen4a -Itern No. 17B December 13, 2005 Page.49 of 54 other application that will result in the issuance of a final or local development order. SECTION Vlll WATER MANAGEMENT REQUIREMENTS The purpose of this Section is to set forth the water management commitments of the Project Developer. 8.1 Detailed paving, grading and site drainage plans shall be submitted to the Development Services Director 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 Planning Services Director. 8.2 Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Land Development Code. 8.3 Landscaping shall not be placed within the water management areas unless specifically permitted by the Collier County Land Development Code. 8.4 An excavation permit shall be requited for the proposed lake in accordance with Div. 3.5 of the Land Development Code and South Florida Water Management District Rules. 8.5 The subject property is currently tinder common ownership with the adjacent property to the west. Under this circtunstance, a water management system may be shared with property to the west and the cypress area within this system as generally depicted on the PUD Master Plan, shall be preserved and enhanced. Alternatively, water management areas may be configured along the northern edge of the planned development. I wr ososnm.cx 16 . • Agenda Item No. 1 December 13, 2( Page 50 of SECTION IX ENVIRONMENTAL REQUIREMENTS The purpose of this section is to set forth the environmental requirements of the project developer. 9.1 The project shall meet all pertinent 14 environmental related requirements of the Collier County Growth Management Plan, including the Coastal Zone and Conservation Management Element, in effect at the time that requests are made for Site Development Plan approval. I 9.2 A wetland preserve area is depicted on the PUD Master Plan. This wetland is under common ownership with the adjacent property to the west. The project's plan for development is to preserve this wetland area in its entirety and to enhance it with shared water management between the two properties. 9.3 Environmental permitting shall be in accordance with the state of Florida Environmental Resource Permit rules and be subject to review and approval by Current Pianaing Environmental Review Staff. Removal of exotic vegetation shall not be taunted towards mitigation for impacts to Collier County jurisdictional wetlands. 9.4 All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. In the event the project does not require platting, all conservation areas shall be recorded as conservation/preservation tracts or easements dedicated to an approved entity or to Collier County with no responsibility for maintenance and subject to the uses and limitations similar to or as per Florida Statutes Section 704.06. 9.5 An exotic vegetation removal, monitoring, and maintenance (exotic -free) plan for the site, with emphasis on the cone rvation/prsxrvation areas, shall be submitted to Current Planning Environmental Review Staff for review and approval prior to final site plan/construction plan • approval. 9.6 Proof of ownership for the adjoining property to the west shall be provided to Current Planning Review Staff prior to Final Site Plan Approval. wr.09. JJK7 nx 17 Agenda Item No. 17B December 13, 2QQ5 Page 51 of 54 EXHIBIT A fw.�wsrrr -_� ire ..r- 5 j i --------------------- .......... ---------- i - ... �... ttl�ttI11A1ttIN1 iNNil -.M w«n« /q.111 Los t� 1777?c t I' wn+ wNEw 'I ` ". T_' .. t t I � . •...1. I � Note ' I wletw I �1 I .j I R � 1 I am awls t ." In 1 •I�RNIw wRLfIN/wMwlwq YAL 1 1 ! 1 p"M me tam �____t.. } •_'� _.'.��___...� Now. dM11111N111LrLIM MW Nf of ..r- 5 j i --------------------- .......... ---------- i - ... �... ttl�ttI11A1ttIN1 iNNil -.M w«n« /q.111 t� 1777?c t 'I 1. ( 1 1 �IN4L• � I �1 I .j � 1 ..r- 5 j i --------------------- .......... ---------- i - ... �... ttl�ttI11A1ttIN1 iNNil -.M w«n« /q.111 Co 0LO 0 N O O � Zii E as n cap v O U CD N t71� Q BUFF PPLAAN US No" rM 0 u .� O LO Ov IN O G-L Er_m °? -a m cC E a. � U C O O)0 Q t� 1• o{ \ .il I. - r2= -,. WOMLAW BUFFER PLAN fIw mom w ..I..w w Y �'w M yi ww� w (-3 II . Agenda item No. 17B December 13, 2005 Page 54 of 54 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 98 -61 Which was adopted by the Board of County Commissioners on the 23rd day of June, 1998, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 29th day of June, 1998. 0... DWIGHT E. BROCK v Clerk of Courts ancc��ldi'k. Ex- officio to Board"of ....; County Commissioners By: Ellie Hoffman Deputy Clerk W Agenda Item No. 17C December 13, 2005 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to approve a Resolution of the Collier County Board of County Commissioners adopting "Collier County's South County Regional Water Treatment Plant 12 Million Gallons per Day Reverse Osmosis Expansion Facilities Plan ", dated October 2005, allow this Plan to be submitted to the Florida Department of Environmental Protection and authorize the County Manager or his designee to carryout responsibilities under the FDEP Low Interest Loan Program. OBJECTIVE: The public purpose is to expand the Reverse Osmosis (RO) water treatment capacity at the South County Regional Water Treatment Plant (SCRWTP) by 12 Million Gallons per Day (MGD) to a total of 20 -MGD. CONSIDERATIONS: On May 25, 2004, as Agenda Item 10 D, The Board of Collier County Commissioners adopted the 2003 Water Master Plan which provides for increases in water production capacity necessary to meet the needs of Collier County through the Plan's 20 -year cycle. The County has constructed an 8 MGD Reverse Osmosis (RO) expansion at the South County Regional Water Treatment Plant that was substantially complete and operational as of December 7, 2004. Due to the rapid population expansion experienced by the County in the last few years it is necessary to augment this capacity to meet the increase in water demand. This capacity expansion is included in the 2003 Master Plan under Project No. 700971 - "South County Regional Water Treatment Plant 12 Million Gallons per Day Reverse Osmosis Expansion" and Project No. 710221 — "Rehabilitation of Degasification Towers at South County Regional Water Treatment Plant ". Collier County is seeking consideration for low- interest State Revolving Fund (SRF) loan from FDEP in the amount of approximately $32,800,000 to finance these projects. This 20 -year low- interest SRF Loan will save the County approximately $9 million versus a 20 -year bond at current market rates. The Board of County Commissioners approval of the stated recommendations will satisfy the SRF Loan planning protocols required by the Florida Department of Environmental Protection (FDEP) and will allow for commencement of the required SRF loan process. These actions support the County's intent to secure maximum eligibility for funding all anticipated construction projects utilizing the lowest cost funding available. These funds will be used for Project No. 700971 and Project No. 710221. A copy of the "Collier County's South County Regional Water Treatment Plant 12 Million Gallons per Day Reverse Osmosis Expansion Facilities Plan" is available for review at the County Manager's Office. Staff negotiated with Angie Brewer & Associates, L.C. to obtain their assistance to acquire SRF Loans for this expansion. The companion executive summary on this date recommends Board of County Commissioners approval to issue a Work Order to Angie Brewer & Associates, L.C. for their assistance with SRF Loan services. 1 of 2 Agenda Item No. 17C December 13, 2005 Page 2 of 5 The Clerk's Finance and Accounting Division has reviewed the information contained in this Executive Summary. FISCAL IMPACT: The Project "SCRWTP 12 -MGD RO Expansion" is contained in the 2006 Fiscal Year Capital Improvement Budget approved by the Board of County Commissioners on September 22, 2005. The source of funds is Fund 411; Water Impact Fees. The Project "Rehabilitation of Degasification Towers at SCRWTP" is also contained in the 2005 FY Capital Improvement Budget. The source of funds is Fund 412; Water User Fees GROWTH MANAGEMENT IMPACT: These projects are consistent with and further the Goals, Objectives and Policies of the Collier County Growth Management Plan and are consistent with the 2003 Water Master Plan adopted by The Board of County Commissioners on May 25, 2004, item 10 D. RECOMMENDATIONS: Staff recommends that The Board of County Commissioners, as Ex- officio Governing Board for the Collier County Water -Sewer District: I . After review by the County Attorney approve the attached Resolution to adopt the document titled "Collier County's South County Regional Water Treatment Plant 12 -MGD RO Expansion Facilities Plan, October 2005 ". 2. Allow this document titled "Collier County's South County Regional Water Treatment Plant 12 MGD RO Expansion Facilities Plan, October 2005" to be submitted to the Florida Department of Environmental Protection by authorized County Employees. 3. Authorize the County Manager or his designee to carryout responsibilities under the FDEP Low Interest Loan Program including directing County staff to carry out all activities needed to accomplish all goals of the Loan Program provided such actions do not consist of additional commitments on the County's behalf that require additional Board approval. PREPARED BY: Porfirio E. Gramatges, P.E. Principal Project Manager Public Utilities Engineering Department 2of2 Agenda Item No. 17C December 13. 2005 Page 3 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. 17C Item Summary: Recommendation to approve a Resolution of the Collier County Board of County Commissioners adopting Collier County$ South County Regional Water Treatment Plant 12 Million Gallons per Day Reverse Osmosis Expansion Facilities Plan. dated October 2005; allow this Plan t0 be submitted to the Florida Department of Environmental Protection: and authorize County Staff to carryout responsibilities under the FDEP Low Interest Loan Program. Meeting Date: 12!1312005 0:0090 AM Prepared By Perlin. E. Gramatges, P.E. Sr. Project Manager Date Public Ub3ibes Public Utilities Engineering 11/02005 3:47:21 PM Approved By Roy B. Anderson, P.E. Public Utilities Engineering Director Data Public Utilities Public Ulritces Engineering 1111 W2006 5:13 PM Approved By Paul Mattausch Water Diractor Data Public Utilities Water 1111012005 6:64 PM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 11115(2005 0:59 AM Approved By James W. D.Lony Public Utilities Administrator Date Public Utilities Public Utilities Administration 11115/2005 1:36 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management $ Budget 1112812005 11:12 AM Approved By Susan Usher Senior ManagemenlfBudget Analyst Date -. County Manag.ts Office Office of Management b Budget 121512005 8:57 AM Approved By James V. Mudd County Manager Oat. Board of County Commiss iatwrs County Managers Office 1215!2005 k:34 PM LO U-) f C> O "T zr a t0 N -00 C {ll Q} o Q d � y co N 0 rL+ W (� :..U- 0 O � •O L O 0 N Q. N U w 0 L y d M O L d O O N N O � W> L ryW V ryL V � W O N .N N d ` CL LL. d x w O °` L 0 L ♦� O N LL. C'1 N w T (� a o N .. 0 o w 0 w v 0 m o 0 � °o C v_ � LL U V m N W V/ N N W W O Z z N O ++ ++ > cr W 4 V C V W V Q U) \ C d v m N �O d R m 0 _ d J J O U H Agenda Item No. 17C December 13, 2005 Page 5 of 5 RESOLUTION NO. 2005 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA, ADOPTING COLLIER COUNTY'S SOUTH COUNTY REGIONAL WATER TREATMENT PLANT 12 MGD REVERSE OSMOSIS FACILITIES PLAN, DATED OCTOBER, 2005; AUTHORIZING THIS PLAN TO BE SUBMITTED TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION; AND AUTHORIZE MANAGEMENT OF STATE REVOLVING FUND PROGRAM LOAN BY THE PUBLIC UTILITIES DIVISION ADMINISTRATOR CONSISTENT WITH THE LOAN PROGRAM AND BOARD APPROVALS WHEREAS, Collier County has determined that the projects recommended in the Collier County South County Regional Water Treatment Plant 12 MGD Reverse Osmosis (RO) Facilities Plan need to be implemented; and WHEREAS, Collier County is seeking funding from the Florida Department of Environmental Protection (FDEP) under its State Revolving Fund Program to fund the subject improvements to benefit Collier County's Water /Sewer customers; and WHEREAS, staff has requested that the Board of County Commissioners approve the Collier County South County Regional Water Treatment Plant 12 MGD RO Expansion Facilities Plan and Drinking Water State Revolving Fund Business Plan in accord with the State Revolving Fund's requirements. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT, that: 1. Collier County, a political subdivision of the State of Florida, hereby adopts the Collier County South County Regional Water Treatment Plant 12 MGD Reverse Osmosis Expansion Facilities Plan (copy attached and incorporated herein). 2. The Collier County Drinking Water State Revolving Fund Business Plan having been delivered to each Board Member for their individual reviews is hereby adopted. 3. The Board of County Commissioners hereby authorizes the submission of this Plan to the State of Florida Department of Environmental Protection. 4. The Collier County Public Utilities Division Administrator is hereby authorized to carry out the responsibilities under this Loan Program and to direct County staff to carry out all activities needed to accomplish all goals of this Loan Program provided such actions do not consist of additional commitments on the County's behalf that require additional approval from this Board. 5. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED this day of , 2005 after majority vote in favor of adoption. ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AND AS EX- OFFICIO THE GOVERNING BOARD DWIGHT E. BROCK, Clerk OF THE COLLIER COUNTY WATER - SEWER DISTRICT BY Deputy Clerk BY FRED W. COYLE, CHAIRMAN Approved as to form and legal sufficiency: Thomas C. Palmer Assistant County Attorney